[Federal Register Volume 72, Number 80 (Thursday, April 26, 2007)]
[Rules and Regulations]
[Page 20764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7912]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 222 and 252

RIN 0750-AF65


Defense Federal Acquisition Regulation Supplement; Military 
Construction on Guam (DFARS Case 2006-D065)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to remove text addressing a 
statutory prohibition on the use of nonimmigrant aliens to perform work 
under contracts for military construction on Guam. The statutory 
prohibition was repealed by Section 2810 of the National Defense 
Authorization Act for Fiscal Year 2007.

EFFECTIVE DATE: April 26, 2007.

FOR FURTHER INFORMATION CONTACT: Ms. Felisha Hitt, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0310; 
facsimile (703) 602-0350. Please cite DFARS Case 2006-D065.

SUPPLEMENTARY INFORMATION:

A. Background

    10 U.S.C. 2864 contained a prohibition on the performance of work 
by persons with nonimmigrant status under contracts for military 
construction on Guam. Section 2810 of the National Defense 
Authorization Act for Fiscal Year 2007 (Pub. L. 109-364) repealed 10 
U.S.C. 2864. Therefore, this final rule revises DFARS Subpart 222.73 to 
remove references to the prohibition of 10 U.S.C. 2864. The statutory 
prohibition on the use of nonimmigrant aliens under contracts for base 
operations support on Guam (Pub. L. 105-85, Section 390) is still in 
effect and continues to be implemented in DFARS Subpart 222.73.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    This rule will not have a significant cost or administrative impact 
on contractors or offerors, or a significant effect beyond the internal 
operating procedures of DoD. Therefore, publication for public comment 
under 41 U.S.C. 418b is not required. However, DoD will consider 
comments from small entities concerning the affected DFARS subpart in 
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 
2006-D065.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the 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.

List of Subjects in 48 CFR Parts 222 and 252

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

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

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

PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

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2. Section 222.7300 is revised to read as follows:


222.7300  Scope of subpart.

    This subpart--
    (a) Implements Section 390 of the National Defense Authorization 
Act for Fiscal Year 1998 (Pub. L. 105-85); and
    (b) Applies to contracts for base operations support on Guam that--
    (1) Are awarded as a result of a competition conducted under OMB 
Circular A-76; and
    (2) Are entered into or modified on or after November 18, 1997.

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3. Section 222.7301 is amended by revising paragraph (a) to read as 
follows:


222.7301   Prohibition on use of nonimmigrant aliens.

    (a) 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)) is prohibited from 
performing work under a contract for base operations support on Guam.
* * * * *

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4. Section 222.7302 is revised to read as follows:


222.7302  Contract clause.

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


222.7303  [Removed]

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5. Section 222.7303 is removed.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.222-7005   [Amended]

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6. Section 252.222-7005 is amended in the introductory text by removing 
``222.7303'' and adding in its place ``222.7302''.

[FR Doc. E7-7912 Filed 4-25-07; 8:45 am]
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