564 
issuance of the final environmental assessment or environ-
mental impact statement regarding the proposed location 
pursuant to section 102(2) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)), the Secretary deter-
mines that the governmental body of the political subdivi-
sion of a State containing the proposed location is formally 
opposed to the establishment of the outlying landing field. 
(b) EXCEPTION.—Subsection (a) shall not apply if 
Congress enacts a law authorizing the Secretary to proceed 
with the outlying landing field notwithstanding the local 
government action. 
SEC. 2819. PROHIBITION ON OUTLYING LANDING FIELD AT 
SANDBANKS OR HALE’S LAKE, NORTH CARO-
LINA, FOR OCEANA NAVAL AIR STATION. 
The Secretary of the Navy may not establish, consider 
the establishment of, or purchase land, construct facilities, 
implement bird management plans, or conduct any other 
activities that would facilitate the establishment of, an out-
lying landing field at either of the proposed sites in North 
Carolina, Sandbanks or Hale’s Lake, to support field car-
rier landing practice for naval aircraft operating out of 
Oceana, Naval Air Station, Virginia. 
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SEC. 2820. SELECTION OF MILITARY INSTALLATIONS TO 
SERVE AS LOCATIONS OF BRIGADE COMBAT 
TEAMS. 
In selecting the military installations at which brigade 
combat teams will be stationed, which previously included 
Fort Bliss, Texas, Fort Carson, Colorado, and Fort Stewart, 
Georgia, the Secretary of the Army shall take into consider-
ation the availability and proximity of training spaces for 
the units and the capacity of the installations to support 
the units. 
Subtitle C—Provisions Related to 
Guam Realignment 
SEC. 2831. ROLE OF UNDER SECRETARY OF DEFENSE FOR 
POLICY IN MANAGEMENT AND COORDINA-
TION OF DEPARTMENT OF DEFENSE ACTIVI-
TIES RELATING TO GUAM REALIGNMENT. 
Section 134 of title 10, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(d)(1) Until September 30, 2019, the Under Secretary 
shall have responsibility for coordinating the activities of 
the Department of Defense in connection with the realign-
ment of military installations and the relocation of mili-
tary personnel on Guam (in this subsection referred to as 
the ‘Guam realignment’). 
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‘‘(2) The Joint Guam Program Office shall report di-
rectly to the Under Secretary in carrying out its activities 
in connection with the Guam realignment. 
‘‘(3) In carrying out the responsibilities assigned by 
paragraph (1), the Under Secretary shall coordinate with 
the National Security Advisor and serve as the official rep-
resentative of the Secretary of Defense at meetings of the 
Interagency Group on Insular Areas, which was established 
by Executive Order No. 13299 of May 12, 2003 (68 Fed. 
Reg. 25477; 48 U.S.C. note prec. 1451), and any sub-group 
or working group of that interagency group. 
‘‘(4) The Under Secretary shall remain the primary 
lead within the Department of Defense for coordination 
with the Secretary of State on all matters concerning the 
implementation of the agreement entitled ‘Agreement be-
tween the Government of the United States of America and 
the Government of Japan concerning the Implementation 
of the Relocation of the III Marine Expeditionary Force 
Personnel and their Dependents from Okinawa to Guam’. 
‘‘(5) The assignment of responsibilities by paragraph 
(1) does not confer upon the Under Secretary the authority 
to control funds made available to the military departments 
for the Guam realignment. The Joint Guam Program Office 
shall remain as the primary coordinator of the resources 
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567 
provided by each military department involved in the 
Guam realignment.’’. 
SEC. 2832. CLARIFICATIONS REGARDING USE OF SPECIAL 
PURPOSE ENTITIES TO ASSIST WITH GUAM 
REALIGNMENT. 
(a) SPECIAL PURPOSE ENTITY DEFINED.—In this sec-
tion, the term ‘‘special purpose entity’’ means a wholly 
independent entity established for a specific and limited 
purpose to facilitate the realignment of military installa-
tions and the relocation of military personnel on Guam. 
(b) REPORT
ON IMPLEMENTATION GUIDANCE
FOR 
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 containing the implemen-
tation guidance developed regarding the use of special 
purpose entities to assist with the realignment 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 the implementation 
guidance referred to in paragraph (1) until the end 
of the 30-day period (15-day period if the report is 
submitted electronically) beginning on the date on 
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568 
which the report required by such paragraph is sub-
mitted. 
(c) APPLICABILITY
OF
UNIFIED
FACILITIES
CRI-
TERIA.— 
(1) APPLICABILITY TO SECTION 2350K CONTRIBU-
TIONS.—Section 2824(c)(4) of the Military Construc-
tion 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 sub-
paragraph: 
‘‘(D) APPLICABILITY
OF
UNIFIED
FACILI-
TIES CRITERIA.—The unified facilities criteria 
promulgated by the Under Secretary of Defense 
for Acquisition, Technology, and Logistics and 
dated May 29, 2002, or any successor to such 
criteria shall apply to the obligation of contribu-
tions referred to in subsection (b)(1) for a trans-
action authorized by paragraph (1).’’. 
(2) APPLICABILITY TO SPECIAL PURPOSE ENTITY 
CONTRIBUTIONS.—The unified facilities criteria pro-
mulgated by the Under Secretary of Defense for Ac-
quisition, Technology, and Logistics and dated May 
29, 2002, or any successor to such criteria shall apply 
to the obligation of contributions provided by a spe-
cial purpose entity. 
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569 
(3) REPORT.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of De-
fense shall submit to the congressional defense com-
mittees a report containing an evaluation of various 
options, including a preferred option, that the Sec-
retary could utilize to comply with the unified facili-
ties criteria referred to in paragraph (2) in the acqui-
sition of military housing on Guam in connection 
with the realignment of military installations and the 
relocation of military personnel on Guam. The report 
shall specifically consider increasing the overseas 
housing allowance for members of the Armed Forces 
serving on Guam and providing a direct Federal sub-
sidy to public-private ventures. 
(d) SENSE OF CONGRESS ON SCOPE OF UTILITY IN-
FRASTRUCTURE IMPROVEMENTS.—Section 2821 of the Mili-
tary 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 incor-
porate the civilian and military infrastructure into a 
single grid to realize and maximize the effectiveness 
of the overall utility system’’ and inserting ‘‘should 
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570 
support proposed utility infrastructure improvements 
on Guam that incorporate the civilian and military 
infrastructure into a single grid to realize and maxi-
mize the effectiveness of the overall utility system, 
rather than simply supporting one or more military 
installations’’. 
SEC. 2833. WORKFORCE ISSUES RELATED TO MILITARY 
CONSTRUCTION AND CERTAIN OTHER TRANS-
ACTIONS ON GUAM. 
(a) PREVAILING WAGE REQUIREMENTS.—Subsection 
(c) of section 2824 of the Military Construction Authoriza-
tion 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
RE-
QUIREMENTS.— 
‘‘(A) APPLICATION; RELATION
TO
WAGE 
RATES
IN
HAWAII.—The requirements of sub-
chapter IV of chapter 31 of title 40, United 
States Code, shall apply to any military con-
struction project or other transaction authorized 
by paragraph (1) that is carried out on Guam 
using contributions referred to in subsection 
(b)(1) or appropriated funds, except that the 
wage rates determined pursuant to such sub-
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571 
chapter for Guam may not be less than the low-
est wage rates determined for the applicable class 
of laborer or mechanic on projects or trans-
actions of a similar character under such sub-
chapter for Hawaii. 
‘‘(B) SECRETARY
OF
LABOR
AUTHORI-
TIES.—In order to carry out the requirements of 
subparagraph (A) and paragraph (6) (relating 
to composition of workforce for construction 
projects), the Secretary of Labor shall have the 
authority and functions set forth in Reorganiza-
tion Plan Number 14 of 1950 and section 3145 
of title 40, United States Code. 
‘‘(C) ADDITION TO WEEKLY STATEMENT ON 
THE WAGES PAID.—In the case of projects and 
other transactions covered 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 issued under section 
101(a)(15)(H)(ii)(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)). 
‘‘(D) DURATION OF REQUIREMENTS.—The 
Secretary of Labor shall make and issue a wage 
rate determination for Guam annually until 90 
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572 
percent of the funds in the Account and other 
funds made available for the realignment of 
military installations and the relocation of mili-
tary 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 para-
graph: 
‘‘(2) 
CONSTRUCTION
WORKFORCE
INFORMA-
TION.—The annual report shall also include an as-
sessment of the living standards of the construction 
workforce employed to carry out military construction 
projects covered by the report, including, at a min-
imum, the adequacy of contract standards and infra-
structure that support temporary housing the con-
struction workforce and their medical needs.’’. 
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573 
SEC. 2834. COMPOSITION OF WORKFORCE FOR CONSTRUC-
TION PROJECTS FUNDED THROUGH THE SUP-
PORT FOR UNITED STATES RELOCATION TO 
GUAM ACCOUNT. 
(a) COMPOSITION OF WORKFORCE.—Section 2824(c) 
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 inserting after paragraph (5), 
as added by section 2833, the following new paragraph: 
‘‘(6) COMPOSITION
OF
WORKFORCE
FOR
CON-
STRUCTION PROJECTS.— 
‘‘(A) PERCENTAGE
LIMITATION.—With re-
spect to each construction project for which 
ground-breaking occurs before October 1, 2011, 
and that is carried out using amounts described 
in subparagraph (B), not more than 30 percent 
of the total hours worked per month on the con-
struction project may be performed by persons 
holding 
visas 
issued 
under 
section 
101(a)(15)(H)(ii)(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)). 
‘‘(B) SOURCE
OF
FUNDS.—Subparagraph 
(A) applies to— 
‘‘(i) amounts in the Account used for 
projects associated with the realignment of 
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585 
(2) GUAM.—The term ‘‘Guam’’ includes any is-
land in the Northern Mariana Islands. 
(h) TERMINATION.— 
(1) IN GENERAL.—The Interagency Coordination 
Group shall terminate upon the expenditure of 90 
percent of all funds appropriated or otherwise made 
available for Guam realignment. 
(2) FINAL REPORT.—Before the termination of 
the Interagency Coordination Group pursuant to 
paragraph (1), the chairperson of the Interagency Co-
ordination Group shall prepare and submit to the 
congressional defense committees a final report con-
taining— 
(A) notice that the termination condition in 
paragraph (1) has occurred; and 
(B) a final forensic audit on programs and 
operations funded with amounts appropriated or 
otherwise made available for military construc-
tion on Guam. 
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