H. R. 2647—481 
(b) REPORT ON INTENDED USE SPECIAL PURPOSE ENTITIES.— 
(1) REPORT REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report 
describing the intended use of special purpose entities to pro-
vide military family housing or utilities to support the realign-
ment of military installations and the relocation of military 
personnel on Guam. 
(2) NOTICE AND WAIT.—The Secretary of Defense may not 
authorize the use of special use entities as described in para-
graph (1) until the end of the 30-day period (15-day period 
if the report is submitted electronically) beginning on the date 
on which the report required by such paragraph is submitted. 
(c) APPLICABILITY OF UNIFIED FACILITIES CRITERIA.— 
(1) APPLICABILITY TO SECTION 2350K CONTRIBUTIONS.—Sec-
tion 2824(c)(4) of the Military Construction Authorization Act 
for Fiscal Year 2009 (division B of Public Law 110–417; 10 
U.S.C. 2687 note) is amended by adding at the end the following 
new subparagraph: 
‘‘(D) APPLICABILITY OF UNIFIED FACILITIES CRITERIA.— 
The unified facilities criteria promulgated by the Under 
Secretary of Defense for Acquisition, Technology, and Logis-
tics and dated May 29, 2002, and any successor to such 
criteria shall be the minimum standard applicable to 
projects funded using contributions referred to in sub-
section (b)(1) for a transaction authorized by paragraph 
(1).’’. 
(2) APPLICABILITY TO SPECIAL PURPOSE ENTITY CONTRIBU-
TIONS.—The unified facilities criteria promulgated by the Under 
Secretary of Defense for Acquisition, Technology, and Logistics 
and dated May 29, 2002, and any successor to such criteria 
shall be the minimum standard applicable to projects funded 
using contributions provided by a special purpose entity. 
(3) REPORT.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report containing 
an evaluation of various options, including a preferred option, 
that the Secretary could utilize to comply with the unified 
facilities criteria referred to in paragraph (2) in the acquisition 
of military housing on Guam in connection with the realignment 
of military installations and the relocation of military personnel 
on Guam. In preparing the report, the Secretary shall consider 
the impact of— 
(A) increasing the overseas housing allowance for mem-
bers of the Armed Forces serving on Guam; and 
(B) providing a direct Federal subsidy to public-private 
ventures. 
(d) SENSE OF CONGRESS ON SCOPE OF UTILITY INFRASTRUCTURE 
IMPROVEMENTS.—Section 
2821 
of 
the 
Military 
Construction 
Authorization Act for Fiscal Year 2009 (division B of Public Law 
110–417; 122 Stat. 4729) is amended— 
(1) by redesignating subsection (c) as subsection (b); and 
(2) in such subsection, by striking ‘‘should incorporate the 
civilian and military infrastructure into a single grid to realize 
and maximize the effectiveness of the overall utility system’’ 
and inserting ‘‘should support proposed utility infrastructure
H. R. 2647—482 
improvements on Guam that incorporate the civilian and mili-
tary infrastructure into a single grid to realize and maximize 
the effectiveness of the overall utility system, rather than 
simply supporting one or more military installations’’. 
SEC. 2833. WORKFORCE ISSUES RELATED TO MILITARY CONSTRUC-
TION AND CERTAIN OTHER TRANSACTIONS ON GUAM. 
(a) PREVAILING WAGE REQUIREMENTS.—Subsection (c) of section 
2824 of the Military Construction Authorization Act for Fiscal Year 
2009 (division B of Public Law 110–417; 10 U.S.C. 2687 note) 
is amended by adding at the end the following new paragraph: 
‘‘(5) APPLICATION OF PREVAILING WAGE REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The requirements of subchapter IV 
of chapter 31 of title 40, United States Code, shall apply 
to any military construction project or other transaction 
authorized by paragraph (1) that is carried out on Guam 
using contributions referred to in subsection (b)(1) or appro-
priated funds. 
‘‘(B) SECRETARY OF LABOR AUTHORITIES.—In order to 
carry out the requirements of subparagraph (A) and para-
graph (6) (relating to composition of workforce for construc-
tion projects), the Secretary of Labor shall have the 
authority and functions set forth in Reorganization Plan 
Number 14 of 1950 and section 3145 of title 40, United 
States Code. 
‘‘(C) WAGE
RATE
DETERMINATION.—In making wage 
rate determinations pursuant to subparagraph (A), the Sec-
retary of Labor shall not include in the wage survey any 
persons 
who 
hold 
a 
visa 
described 
in 
section 
101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)(H)(ii)(b)). 
‘‘(D) ADDITION TO WEEKLY STATEMENT ON THE WAGES 
PAID.—In the case of projects and other transactions cov-
ered by subparagraph (A), the weekly statement required 
by section 3145 of title 40, United States Code, shall also 
identify each employee working on the project or trans-
action 
who 
holds 
a 
visa 
described 
in 
section 
101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)(H)(ii)(b)). 
‘‘(E) DURATION OF REQUIREMENTS.—The Secretary of 
Labor shall make and issue a wage rate determination 
for Guam annually until 90 percent of the funds in the 
Account and other funds made available for the realign-
ment of military installations and the relocation of military 
personnel on Guam have been expended.’’. 
(b) 
REPORTING
REQUIREMENTS
REGARDING
SUPPORT
OF 
CONSTRUCTION WORKFORCE.—Subsection (e) of such section is 
amended— 
(1) by striking ‘‘Not later than’’ and inserting the following: 
‘‘(1) MILITARY
CONSTRUCTION
INFORMATION.—Not later 
than’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) CONSTRUCTION WORKFORCE INFORMATION.—The annual 
report shall also include an assessment of the living standards 
of the construction workforce employed to carry out military 
construction projects covered by the report, including, at a
H. R. 2647—483 
minimum, the adequacy of contract standards and infrastruc-
ture that support temporary housing the construction workforce 
and their medical needs.’’. 
SEC. 2834. COMPOSITION OF WORKFORCE FOR CONSTRUCTION 
PROJECTS FUNDED THROUGH THE SUPPORT FOR UNITED 
STATES RELOCATION TO GUAM ACCOUNT. 
(a) COMPOSITION OF WORKFORCE.—Section 2824(c) of the Mili-
tary Construction Authorization Act for Fiscal Year 2009 (division 
B of Public Law 110–417; 10 U.S.C. 2687 note) is amended by 
inserting after paragraph (5), as added by section 2833, the fol-
lowing new paragraph: 
‘‘(6) COMPOSITION
OF
WORKFORCE
FOR
CONSTRUCTION 
PROJECTS.— 
‘‘(A) LIMITATION.—With respect to each construction 
project that is carried out using amounts described in 
subparagraph (B), no work may be performed by a person 
holding a visa described in section 101(a)(15)(H)(ii)(b) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(b)) unless— 
‘‘(i) the application for that visa has been approved 
pursuant to the issuance of a temporary labor certifi-
cation by the Governor of Guam as provided under 
section 214.2 of title 8, Code of Federal Regulations; 
and 
‘‘(ii) the Governor of Guam, in consultation with 
the Secretary of Labor, makes the certification 
described in subparagraph (C) to the Secretary of 
Defense. 
‘‘(B) SOURCE OF FUNDS.—Subparagraph (A) applies to— 
‘‘(i) amounts in the Account used for projects asso-
ciated with the realignment of military installations 
and the relocation of military personnel on Guam; 
‘‘(ii) funds associated with activities under section 
2821 of this Act; and 
‘‘(iii) funds for authorized military construction 
projects. 
‘‘(C) CERTIFICATION.—The certification referred to in 
subparagraph (A) is a certification, in addition to the certifi-
cations required by section 214.2 of title 8, Code of Federal 
Regulations, that— 
‘‘(i) there are not sufficient United States workers 
who are able, willing, qualified, and available at the 
time of application for a visa and admission to the 
United States and at the place where the persons 
holding visas described in section 101(a)(15)(H)(ii)(b) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(b)) are to perform such skilled or 
unskilled labor; and 
‘‘(ii) the employment of such persons holding visas 
described in section 101(a)(15)(H)(ii)(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) 
will not adversely affect the wages and working condi-
tions of workers in Guam similarly employed. 
‘‘(D) SOLICITATION OF WORKERS.—In order to ensure 
compliance with subparagraph (A), as a condition of a 
contract covered by such subparagraph, the contractor shall
H. R. 2647—484 
be required to advertise and solicit for construction workers 
in the United States, including Guam, the Commonwealth 
of the Northern Mariana Islands, American Samoa, the 
Virgin Islands, and the Commonwealth of Puerto Rico, 
in accordance with a recruitment plan approved by the 
Secretary of Labor. The contractor shall submit a copy 
of the employment offer, including a description of wages 
and other terms and conditions of employment, to the 
Secretary of Labor at least 60 days before the start date 
of the workers under a contract. The contractor shall 
authorize the Secretary of Labor to post a notice of the 
employment offer on a website, with State, territorial, and 
local job banks, with State and territorial workforce agen-
cies, and with any other referral and recruitment sources 
the Secretary of Labor determines may be pertinent to 
the employment opportunity. 
‘‘(E) RECRUITMENT
PERIOD.—The Secretary of Labor 
shall ensure that a contractor’s recruitment of construction 
workers complies with the recruitment plan required by 
subparagraph (D) for a period beginning 60 days before 
the start date of workers under a contract and continuing 
for the next 28 days. During the recruitment period, the 
contractor shall interview all qualified and available United 
States construction workers who have applied for the 
employment opportunity, and, at the close of the recruit-
ment period, the contractor shall provide the Secretary 
of Labor with a recruitment report providing any reasons 
for which the contractor did not hire an applicant who 
is a qualified United States construction worker. Not later 
than 21 days before the start date of the workers under 
a contract, the Secretary of Labor shall certify to the Gov-
ernor of Guam whether the contractor has satisfied the 
recruitment plan created under subparagraph (D). 
‘‘(F) LIMITATION.—An employer, its attorney or agent, 
the Secretary of Labor, the Governor of Guam, and any 
designee thereof, may not seek or receive payment of any 
kind from any worker for any activity related to obtaining 
an H-2B labor certification with respect to any construction 
project that is carried out using amounts described in 
subparagraph (B).’’. 
(b) REPORTING REQUIREMENTS.— 
(1) SECRETARY OF DEFENSE.—Not later than June 30, 2010, 
the Secretary of Defense shall submit to the congressional 
committees specified in paragraph (3) a report containing an 
assessment of efforts to establish a Project Labor Agreement 
for construction projects associated with the Guam realignment 
as encouraged by Executive Order 13502, entitled ‘‘Use of 
Project Labor Agreements for Federal Construction Projects’’ 
(74 Fed. Reg. 6985), as a means of complying with the require-
ments of paragraph (6) of section 2824(c) of the Military 
Construction Authorization Act for Fiscal Year 2009, as added 
by subsection (a). 
(2) SECRETARY OF LABOR.—Not later than June 30, 2010, 
the Secretary of Labor shall submit to the congressional 
committees specified in paragraph (3) a report containing an 
assessment of—