98-15432. Defense Federal Acquisition Regulation Supplement; Contractor Use of Nonimmigrant AliensGuam

[Federal Register Volume 63, Number 112 (Thursday, June 11, 1998)]
[Rules and Regulations]
[Pages 31935-31936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15432]


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DEPARTMENT OF DEFENSE

48 CFR Parts 222 and 252

[DFARS Case 97-D318]


Defense Federal Acquisition Regulation Supplement; Contractor Use 
of Nonimmigrant Aliens--Guam

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for comments.

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SUMMARY: The Director of Defense Procurement has issued an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to implement Section 390 of the National Defense Authorization Act for 
Fiscal Year 1998. Section 390 requires that each DoD contract for base 
operations support to be performed on Guam prohibit performance of work 
under the contract by any alien who is issued a visa or otherwise 
provided nonimmigrant status under the Immigration and Nationality Act.

DATES: Effective date: June 11, 1998.
    Comment date: Comments on the interim rule should be submitted in 
writing to the address shown below on or before August 10, 1998, to be 
considered in the formulation of the final rule.

ADDRESSES: Interested parties should submit written comments to: 
Defense Acquisition Regulations Council, Attn: Michael Pelkey, PDUSD 
(A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-
3062. Telefax [phone].
    E-mail comments submitted over the Internet should be addressed to: 
[e-mail]
    Please cite DFARS Case 97-D318 in all correspondence related to 
this issue. E-mail comments should cite DFARS Case 97-D318 in the 
subject line.

FOR FURTHER INFORMATION CONTACT:
Michael Pelkey, telephone [phone].

SUPPLEMENTARY INFORMATION: 

A. Background

    This interim rule adds a new DFARS Subpart 222.73 and a new 
contract clause at DFARS 252.222-7005 to implement Section 390 of the 
National Defense Authorization Act for Fiscal Year 1998 (Pub. L. 105-
85). Section 390 provides that each DoD contract for base operations 
support to be performed on Guam shall contain a condition that work 
under the contract may not be performed by any alien who is issued a 
visa or otherwise provided nonimmigrant status under Section 
101(a)(15)(H)(ii) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)).

B. Regulatory Flexibility Act

    The interim rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because 
application of the rule is limited to contracts for base operations 
support to be performed on Guam. Therefore, an initial regulatory 
flexibility analysis has not been performed. Comments are invited from 
small businesses and other interested parties. Comments from small 
entities concerning the affected DFARS subpart also will be considered 
in accordance with 5 U.S.C. 610. Such comments should be submitted 
separately and should cite DFARS Case 97-D318 in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the interim rule 
does not impose any information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
3501, et seq.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense that urgent and compelling reasons exist to promulgate this 
interim rule without prior opportunity for public comment. This interim 
rule implements Section 390 of the National Defense Authorization Act 
for Fiscal Year 1998, which requires that each DoD contract for base 
operations support to be performed on Guam prohibit performance of work 
under the contract by any alien worker who is issued a visa or 
otherwise provided nonimmigrant status under the Immigration and 
Nationality Act. Immediate implementation is necessary to preclude 
violation of Section 390, which was effective upon enactment on 
November 18, 1997. Comments received in response to the publication of 
this interim rule will be considered in the formulation of the final 
rule.

List of Subjects in 48 CFR Parts 222 and 252

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR Parts 222 and 252 are amended as follows:
    1. The authority citation for 48 CFR Parts 222 and 252 continues to 
read as follows:


[[Page 31936]]


    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

    2. Subpart 222.73 is added to read as follows:

Subpart 222.73--Base Operations Support for Military Installations 
on Guam

Sec.
222.7300  Scope of subpart.
222.7301  General.
222.7302  Contract clause.


222.7300   Scope of subpart.

    (a) This subpart implements Section 390 of the National Defense 
Authorization Act for Fiscal Year 1998 (Pub. L. 105-85).
    (b) This subpart applies to base operations support contracts 
that--
    (1) Are to be performed on Guam; and
    (2) Are entered into or modified on or after November 18, 1997.


222.7301   General.

    Work under a contract for base operations support on Guam may not 
be performed by any alien who is issued a visa or otherwise provided 
nonimmigrant status under Section 101(a)(15)(H)(ii) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)).


222.7302   Contract clause.

    Use the clause at 252.222-7005, Prohibition on Use of Nonimmigrant 
Aliens--Guam, in all solicitations and contracts subject to this 
subpart.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Section 252.222-7005 is added to read as follows:


252.222-7005   Prohibition on Use of Nonimmigrant Aliens--Guam.

    As prescribed in 222.7302, use the following clause:

Prohibition on Use of Nonimmigrant Aliens--Guam (Jun 1998)

    The work required by this contract shall not be performed by any 
alien who is issued a visa or otherwise provided nonimmigrant status 
under Section 101(a)(15)(H)(ii) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)(ii)).

(End of clause)

[FR Doc. 98-15432 Filed 6-10-98; 8:45 am]
BILLING CODE 5000-04-M