SEC. 8. ELIGIBILITY OF THE COMMONWEALTH OF THE 
NORTHERN MARIANA ISLANDS FOR MILI-
TARY BASE REUSE STUDIES AND COMMUNITY 
PLANNING ASSISTANCE. 
(a) INCLUSION IN DEFINITION OF MILITARY INSTAL-
LATION.—Section 2687(e)(1) of title 10, United States 
Code, is amended by inserting after ‘‘Virgin Islands,’’ the 
following: ‘‘the Commonwealth of the Northern Mariana 
Islands,’’. 
(b) INCLUSION OF FACILITIES OWNED AND OPER-
ATED BY COMMONWEALTH.—Section 2391(d)(1) of title 
10, United States Code, is amended by inserting after 
‘‘Guam,’’ the following: ‘‘the Commonwealth of the North-
ern Mariana Islands,’’. 
SEC. 9. SUPPORT FOR SMALL BUSINESSES AND LOCAL EM-
PLOYMENT OPPORTUNITIES IN GUAM RE-
ALIGNMENT. 
(a) SENSE OF CONGRESS.—In connection with con-
tracts to be entered into by the Secretary of Defense re-
lated to the realignment of military installations and the 
relocation of military personnel on Guam, it is the sense 
of Congress that the Secretary should grant a preference, 
to the maximum extent practicable— 
(1) to small business concerns domiciled on 
Guam or in the Commonwealth of the Northern 
Mariana Islands in awarding the contracts; and 
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(2) to the local workforce for employment under 
such contracts. 
(b) TRAINING PROGRAMS.—The Secretary of De-
fense, in coordination with other Federal agencies com-
prising the Interagency Group on Insular Areas, should 
develop and support programs for training of the local 
workforce to acquire the job skills needed for employment 
opportunities arising as a result of the realignment of mili-
tary installations and the relocation of military personnel 
on Guam. 
(c) INTERAGENCY GROUP ON INSULAR AREAS DE-
FINED.—In this section, the term ‘‘Interagency Group on 
Insular Areas’’ means the interagency group established 
by Executive Order No. 13299 of May 12, 2003 (68 Fed. 
Reg. 25477; 48 U.S.C. note prec. 1451). The term in-
cludes any sub-group or working group of that interagency 
group. 
SEC. 10. HUBZONE PROGRAM LIMITATION ON CONSTRUC-
TION 
CONTRACTS 
FOR 
SMALL 
BUSINESS 
CONCERNS. 
Section 31(b) of the Small Business Act (15 U.S.C. 
657a(b)) is amended by adding at the end the following: 
‘‘(6) LIMIT HUBZONE PROGRAM CONSTRUCTION 
CONTRACTS IN OR NEAR A HUBZONE.—A small busi-
ness concern may not obtain a construction contract 
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by reason of the HUBZone program unless the con-
struction project is located in or near the HUBZone 
in which the small business concern has its principal 
place of business. The Administrator shall prescribe 
standards for determining when a project is located 
‘near’ a HUBZone for purposes of this paragraph, 
except that under no circumstances can a project lo-
cated more than 150 miles from a HUBZone be lo-
cated ‘near’ that HUBZone.’’. 
SEC. 11. PROCUREMENT TECHNICAL ASSISTANCE CENTER 
ON GUAM. 
(a) COOPERATIVE AGREEMENT.—Using funds appro-
priated pursuant to the authorization of appropriations in 
subsection (b), the Secretary of Defense shall enter into 
a cooperative agreement under section 2413 of title 10, 
United States Code, for the purpose of establishing a Pro-
curement Technical Assistance Center on Guam. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Defense 
for fiscal year 2009 $600,000 to establish the Procure-
ment Technical Assistance Center on Guam. 
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SEC. 12. ENHANCEMENT OF GUAM ENFORCEMENT OF TAX, 
EMPLOYMENT, 
AND 
LICENSING 
LAWS 
AGAINST CONSTRUCTION CONTRACTORS OF 
THE MILITARY DEPARTMENTS. 
(a) REQUIREMENT FOR TAX-RELATED CLEARANCE 
FROM POTENTIAL CONSTRUCTION CONTRACTORS.—For 
purposes of section 2305 of title 10, United States Code, 
in order to be considered a responsible bidder or offeror 
for a contract for the construction of a public building, 
facility, or work on Guam, a bidder or offeror shall submit 
with the bid or offer a tax clearance from the Government 
of Guam indicating that the bidder or offeror is in compli-
ance with all the tax laws of Guam. 
(b) REQUIREMENT TO WITHHOLD FINAL CONTRACT 
PAYMENT UNTIL RECEIPT OF TAX-RELATED CLEARANCE 
AND CERTIFICATION
OF COMPLIANCE WITH EMPLOY-
MENT LAWS FROM CONTRACTOR.—The Secretary of a 
military department shall withhold final payment under 
any contract for the construction of a public building, fa-
cility, or work on Guam until the contractor submits to 
the Secretary both of the following: 
(1) A tax clearance required by subsection (a). 
(2) A certification stating that the contractor is 
in compliance (or was in compliance during the per-
formance of the contract) with all applicable laws of 
Guam that require employers to make payments to 
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or for the benefit of employees, including laws relat-
ing to unemployment insurance, workers compensa-
tion, health insurance, and disability insurance. 
(c) AUTHORITY TO WITHHOLD PAYMENT TO CON-
TRACTOR OF AMOUNTS NECESSARY TO MEET GUAM TAX 
OBLIGATIONS.—The Secretary of a military department 
may withhold, from any payment due to a contractor 
under a contract made by the Secretary for the construc-
tion of a public building, facility, or work on Guam, an 
amount considered necessary by the Secretary to pay to 
the Government of Guam the amount of the contractor’s 
tax liability to Guam that is attributable to the contract. 
The Secretary may, upon request of the Government of 
Guam, and with such documentation as the Secretary con-
siders necessary, pay such tax liability amount directly to 
the Government of Guam from the withheld payment. Any 
amount of a withheld payment that exceeds the actual tax 
liability amount shall be paid to the contractor. 
(d) REQUIREMENT FOR CONSTRUCTION CONTRAC-
TORS TO OBTAIN APPLICABLE LICENSES.—In any con-
tract entered into by the Secretary of a military depart-
ment for the construction of a public building, facility, or 
work on Guam, the Secretary shall require that the con-
tractor performing the type of work to be performed under 
the contract be licensed to perform such work. 
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(e) EFFECTIVE DATE.—This section shall apply with 
respect to contracts entered into after the date of the en-
actment of this Act. 
Æ 
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