Federal Agencies, FR Regulations & Notices

DOD Interim Rule on Contractor Use of Nonimmigrants on Guam

6/11/98 AILA Doc. No. 98061154.

[Federal Register: June 11, 1998 (Volume 63, Number 112)]
[Rules and Regulations]
[Page 31935-31936]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn98-12]

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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 (703) 602-0350.

E-mail comments submitted over the Internet should be addressed to: dfars@acq.osd.mil

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 (703) 602-0131.

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)).