S.744 Immigration bill - Sec. 2108: GOVERNMENT CONTRACTING AND ACQUISITION OF REAL PROPERTY INTEREST
Posted Wed, Apr 17, 2013 at 4:56 pm
- (a) Exemption From Government Contracting and Hiring Rules-
- (1) IN GENERAL- A determination by a Federal agency to
use a procurement competition exemption under section 253(c) of title
41, United States Code, or to use the authority granted in paragraph
(2), for the purpose of implementing this title and the amendments made
by this title is not subject to challenge by protest to the Government
Accountability Office under sections 3551 and 3556 of title 31, United
States Code, or to the Court of Federal Claims, under section 1491 of
title 28, United States Code. An agency shall immediately advise the
Congress of the exercise of the authority granted under this paragraph.
- (2) GOVERNMENT CONTRACTING EXEMPTION- The competition
requirement under section 253(a) of title 41, United States Code, may be
waived or modified by a Federal agency for any procurement conducted to
implement this title or the amendments made by this title if the senior
procurement executive for the agency conducting the procurement--
- (A) determines that the waiver or modification is necessary; and
- (B) submits an explanation for such determination
to the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives.
- (3) HIRING RULES EXEMPTION- Notwithstanding any other
provision of law, the Secretary of Homeland Security is authorized to
make term, temporary limited, and part-time appointments of employees
who will implement this title and the amendments made by this title
without regard to the number of such employees, their ratio to permanent
full-time employees, and the duration of their employment. Nothing in
chapter 71 of title 5, United States Code, shall affect the authority of
any Department of Homeland Security management official to hire term,
temporary limited or part-time employees under this paragraph.
- (b) Authority to Waive Annuity Limitations- Section
824(g)(2)(B) of the Foreign Service Act of 1980 (22 U.S.C.
4064(g)(2)(B)) is amended by striking `2009' and inserting `2017'.
- (c) Authority to Acquire Leaseholds- Notwithstanding any
other provision of law, the Secretary of Homeland Security may acquire a
leasehold interest in real property, and may provide in a lease entered
into under this subsection for the construction or modification of any
facility on the leased property, if the Secretary determines that the
acquisition of such interest, and such construction or modification, are
necessary in order to facilitate the implementation of this title and
the amendments made by this title.
2108
GOVERNMENT CONTRACTING AND ACQUISITION OF REAL PROPERTY INTEREST