123STA T . 2 67 2 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9min im u m ,thead e q ua cyof cont r act s tandards and infrastruc - ture that su p port temporary housin g the construction w or k force and their medica l needs .’ ’. SEC.2834 . C OMP OS IT IO N O FW O RK FORCE FOR CONSTR U CTION PRO J ECTS FUN D EDT H ROU G H THE SUPPORT FOR UNITED ST A TES RE L OCATION TO GUAM ACCOUNT. ( a )COMP O SIT IO N O FW O RK FOR CE . —S ection 28 2 4 (c) of the M ili- tary Construction A uthori z ation Act for F iscal Y ear 2 0 0 9 (di v ision B of P u b lic L aw 1 10 – 41 7; 10 U .S.C. 2 6 87 note) is amended by inserting after paragraph ( 5 ), as added by section 28 3 3, the fol- lowing new paragraph
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‘(6) COMPOSITION OF W ORKFORCE FOR CONSTR U CTION PRO J ECTS.— ‘‘(A) LIMIT A TION.—With respect to each construction pro j ect 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 I mmigration and N ationality 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 G overnor of Guam as provided under section 214.2 of title 8, Code of Federal R egulations; and ‘‘(ii) the Governor of Guam, in consultation with the Secretary of Labor, makes the certification described in subparagraph (C) to the Secretary of D efense. ‘‘(B) SOURCE OF FUN D S.—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.— T he 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) SO L ICITATION OF WORKERS.—In order to ensure compliance with subparagraph (A), as a condition of a contract covered by such subparagraph, the contractor shall Contrac t s.Re cr ui t m ent pl an. A pplica b ilit y . Certi f ication.
