
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2864]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
  SUBCHAPTER III--ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY 
                             FAMILY HOUSING
 
Sec. 2864. Military construction contracts on Guam

    (a) In General.--Except as provided in subsection (b), funds 
appropriated for military construction may not be obligated or expended 
with respect to any contract for a military construction project on Guam 
if any work is carried out on such project by any person who is a 
nonimmigrant alien described in section 101(a)(15)(H)(ii) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)).
    (b) Exception.--In any case in which there is no acceptable bid made 
in response to a solicitation for bids on a contract for a military 
construction project on Guam and the Secretary concerned makes a 
determination that the prohibition contained in subsection (a) is a 
significant deterrent to obtaining bids on such contract, the Secretary 
concerned may make another solicitation for bids on such contract and 
the prohibition contained in subsection (a) shall not apply to such 
contract.

(Added Pub. L. 101-189, div. B, title XXVIII, Sec. 2807(a), Nov. 29, 
1989, 103 Stat. 1648; amended Pub. L. 104-106, div. A, title X, 
Sec. 1062(g), Feb. 10, 1996, 110 Stat. 444.)


                               Amendments

    1996--Subsec. (b). Pub. L. 104-106 struck out ``after the 21-day 
period beginning on the date on which the Secretary concerned transmits 
to the Committees on Armed Services of the Senate and the House of 
Representatives a written notification of that determination'' before 
period at end.


                             Effective Date

    Section 2807(c) of Pub. L. 101-189 provided that: ``The amendments 
made by this section [enacting this section] shall apply to contracts 
entered into, modified, or extended on or after the date of the 
enactment of this Act [Nov. 29, 1989].''
