HR 5931
110th CONGRESS
2d Session
H. R. 5931
To ensure appropriate implementation and oversight of the realignment
of military installations and the relocation of military personnel on Guam,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
April 30, 2008
Ms. BORDALLO (for herself and Mr. ABERCROMBIE) introduced the following bill;
which was referred to the Committee on Armed Services, and in addition to
the Committee on Small Business, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To ensure appropriate implementation and oversight of the realignment
of military installations and the relocation of military personnel on Guam,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Joint Guam Projects Oversight
Act'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Guam Defense Policy Review Initiative Account.
Sec. 3. Sense of Congress regarding use of Special Purpose Entities for
military housing related to Guam realignment.
Sec. 4. Sense of Congress regarding Federal assistance to Guam.
Sec. 5. Comptroller General report regarding interagency requirements related
to Guam realignment.
Sec. 6. Energy and environmental design initiatives in Guam military construction
and installations.
Sec. 7. Department of Defense Inspector General report regarding Guam realignment.
Sec. 8. Eligibility of the Commonwealth of the Northern Mariana Islands
for military base reuse studies and community planning assistance.
Sec. 9. Support for small businesses and local employment opportunities
in Guam realignment.
Sec. 10. HUBZone program limitation on construction contracts for small
business concerns.
Sec. 11. Procurement Technical Assistance Center on Guam.
Sec. 12. Enhancement of Guam enforcement of tax, employment, and licensing
laws against construction contractors of the military departments.
SEC. 2. GUAM DEFENSE POLICY REVIEW INITIATIVE ACCOUNT.
(a) Establishment of Account- There is established on the books of the Treasury
an account to be known as the `Guam Defense Policy Review Initiative Account'
(in this section referred to as the `account').
(1) AMOUNTS IN FUND- There shall be credited to the account the following
amounts:
(A) Amounts authorized for and appropriated to the account.
(B) Contributions received under section 2350k of title 10, United States
Code, for the realignment of military installations and the relocation
of military personnel on Guam.
(C) Amounts transferred to the account to support the realignment of military
installations and the relocation of military personnel on Guam.
(2) NOTICE OF RECEIPT OF CONTRIBUTIONS- The Secretary of Defense shall submit
to Congress written notice of the receipt of contributions referred to in
paragraph (1)(B), including the amount of the contributions, not later than
30 days after receiving the contributions.
(1) AUTHORIZED USES- Subject to paragraph (2), in such amounts as may be
provided in advance in appropriations Acts, amounts in the account may be
used as follows:
(A) To carry out or facilitate the carrying out of a transaction in connection
with the realignment of military installations and the relocation of military
personnel on Guam, including military construction, military family housing,
unaccompanied housing, general facilities constructions for military forces,
and utilities improvements.
(B) To carry out improvements of property or facilities on Guam as part
of such a transaction.
(C) To obtain property support services for property or facilities on
Guam resulting from such a transaction.
(D) To develop military facilities or training ranges in the Commonwealth
of the Northern Mariana Islands.
(2) COMPLIANCE WITH GUAM MASTER PLAN- Transactions authorized by paragraph
(1) shall be consistent with the Guam Master Plan, as incorporated in decisions
made in the manner provided in section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332).
(3) LIMITATION REGARDING MILITARY HOUSING- To extent that the authorities
provided under subchapter IV of chapter 169 of title 10, United States Code,
are available to the Secretary of Defense, the Secretary shall use such
authorities to acquire, construct, or improve family housing units, military
unaccompanied housing units, or ancillary supporting facilities in connection
with the relocation of military personnel on Guam.
(4) COMPLIANCE WITH WAGE RATE REQUIREMENTS- Subchapter IV of chapter 31
of title 40, United States Code, shall apply to the use of all amounts in
the account.
(5) SPECIAL REQUIREMENTS REGARDING USE OF CONTRIBUTIONS-
(A) TREATMENT OF CONTRIBUTIONS- Except as provided in subparagraphs (C)
and (D), the use of contributions referred to in subsection (b)(1)(B)
shall not be subject to conditions imposed on the use of appropriated
funds by chapter 169 of title 10, United States Code, or contained in
annual military construction appropriations Acts.
(B) NOTICE OF OBLIGATION- Contributions referred to in subsection (b)(1)(B)
may not be obligated for a transaction authorized by paragraph (1) until
the Secretary of Defense submits to Congress notice of the transaction,
including a detailed cost estimate, and a period of 21 days has elapsed
after the date on which the notification is received by Congress or, if
over sooner, a period of 14 days has elapsed after the date on which a
copy of the notification is provided in an electronic medium.
(C) COST AND SCOPE OF WORK VARIATIONS- Section 2853 of title 10, United
States Code, shall apply to the use of contributions referred to in subsection
(b)(1)(B).
(D) PREFERENCE FOR UNITED STATES CONTRACTORS- The general provision contained
in annual military construction appropriations Acts that provides a limited
preference for military construction in the United States territories
and possessions in the Pacific shall apply to the use of contributions
referred to in subsection (b)(1)(B).
(1) TRANSFER TO HOUSING FUNDS- The Secretary of Defense may transfer funds
from the Guam Defense Policy Review Initiative Account to the following
funds:
(A) The Department of Defense Family Housing Improvement Fund established
by section 2883(a)(1) of title 10, United States Code.
(B) The Department of Defense Military Unaccompanied Housing Improvement
Fund established by section 2883(a)(2) of such title.
(2) TREATMENT OF TRANSFERRED AMOUNTS- Amounts transferred under paragraph
(1) to a fund referred to in that paragraph shall be available in accordance
with the provisions of section 2883 of title 10, United States Code, for
activities on Guam authorized under subchapter IV of chapter 169 of such
title.
SEC. 3. SENSE OF CONGRESS REGARDING USE OF SPECIAL PURPOSE ENTITIES FOR
MILITARY HOUSING RELATED TO GUAM REALIGNMENT.
(a) Nature of Special Purpose Entities- It is the sense of Congress that any
Special Purpose Entity established to assist in the provision of military
family housing in connection with the realignment of military installations
and the relocation of military personnel on Guam should--
(1) be operated, to the extent practicable, in the manner provided for public-private
ventures under subchapter IV of chapter 169 of title 10, United States Code;
and
(2) be conducted as joint ventures between Japanese and United States private
firms, except that any military family housing venture carried out by such
a joint venture should be primarily managed by a United States private firm.
(b) Scope of Activities- It is the sense of Congress that funding for such
a Special Purpose Entity should not be limited to only utility improvements
and the construction of military family housing in connection with the realignment
of military installations and the relocation of military personnel on Guam.
(c) Utility Infrastructure Improvements- It is the sense of Congress that
funding for such a Special Purpose Entity should support proposed utility
infrastructure improvements on Guam that incorporate the civilian and military
infrastructure into a single grid to realize and maximize the effectiveness
of the overall utility system.
(d) Military Family Housing- It is the sense of Congress that the building
requirements imposed for any military family housing constructed by such a
Special Purpose Entity in connection with the realignment of military installations
and the relocation of military personnel on Guam should be established by
the Department of Defense in accordance with current building standards that
are used with other projects.
SEC. 4. SENSE OF CONGRESS REGARDING FEDERAL ASSISTANCE TO GUAM.
(a) Sense of Congress- It is the sense of Congress that the Secretary of Defense,
in coordination with the Interagency Group on Insular Areas, should enter
into a memorandum of understanding with the Government of Guam to identify,
before the realignment of military installations and the relocation of military
personnel on Guam, local funding requirements for civilian infrastructure
development and other needs related to the realignment and relocation. The
memorandum of understanding would stipulate the commitment of Federal agencies
to assist the Government of Guam in carrying out the Guam realignment in a
responsible and consistent manner.
(b) Interagency Group on Insular Areas Defined- 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 includes any sub-group or working group of that
interagency group.
SEC. 5. COMPTROLLER GENERAL REPORT REGARDING INTERAGENCY REQUIREMENTS RELATED
TO GUAM REALIGNMENT.
(a) Report Required- Not later than 180 days after the date of the enactment
of this Act, the Comptroller General shall submit to Congress a report on
the status of interagency coordination through the Interagency Group on Insular
Areas of budgetary requests to assist the Government of Guam with its budgetary
requirements related to the realignment of military forces on Guam. The report
shall address to what extent and how the Interagency Group on Insular Areas
will be able to coordinate interagency budgets so the realignment of military
forces on Guam will meet the 2014 completion date as stipulated in the May
2006 security agreement between the United States and Japan.
(b) Interagency Group on Insular Areas Defined- 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 includes any sub-group or working group of that
interagency group.
SEC. 6. ENERGY AND ENVIRONMENTAL DESIGN INITIATIVES IN GUAM MILITARY CONSTRUCTION
AND INSTALLATIONS.
(a) Leadership in Energy and Environmental Design Principles- With respect
to all new military construction projects on Guam and military housing to
be constructed on Guam related to the realignment of military forces on Guam,
the Secretary of Defense shall require the incorporation, into the design
criteria for the projects, of principles developed by the Leadership in Energy
and Environmental Design to achieve not less than the silver standard, as
determined by the appropriate Leadership in Energy and Environmental Design
committee. This requirement shall apply regardless of the source of funds
for the project.
(b) Renewable Energy Goal- The Secretary of Defense shall establish a goal
for the use of renewable energy sources on all military installations on Guam.
Not later than one year after the date of the enactment of this Act, the Secretary
shall submit to Congress a report containing the plan of the Secretary to
achieve the renewable energy goal. The report shall identify the renewable
sources of energy that will be utilized and describe how the renewable sources
will be utilized and installed at military installations on Guam.
SEC. 7. DEPARTMENT OF DEFENSE INSPECTOR GENERAL REPORT REGARDING GUAM REALIGNMENT.
Not later than 180 days after the date of the enactment of this Act, the Inspector
General of the Department of Defense shall submit to Congress a report on
the efforts of the Inspector General to address potential waste and fraud
associated with the realignment of military forces on Guam.
SEC. 8. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
FOR MILITARY BASE REUSE STUDIES AND COMMUNITY PLANNING ASSISTANCE.
(a) Inclusion in Definition of Military Installation- 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 Operated by Commonwealth- Section 2391(d)(1)
of title 10, United States Code, is amended by inserting after `Guam,' the
following: `the Commonwealth of the Northern Mariana Islands,'.
SEC. 9. SUPPORT FOR SMALL BUSINESSES AND LOCAL EMPLOYMENT OPPORTUNITIES
IN GUAM REALIGNMENT.
(a) Sense of Congress- In connection with contracts to be entered into by
the Secretary of Defense related 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
(2) to the local workforce for employment under such contracts.
(b) Training Programs- The Secretary of Defense, in coordination with other
Federal agencies comprising 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 military installations and the relocation of military personnel
on Guam.
(c) Interagency Group on Insular Areas Defined- 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 includes any sub-group or working group of that
interagency group.
SEC. 10. HUBZONE PROGRAM LIMITATION ON CONSTRUCTION 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 business concern may not obtain a construction contract by reason
of the HUBZone program unless the construction 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 located more than 150 miles
from a HUBZone be located `near' that HUBZone.'.
SEC. 11. PROCUREMENT TECHNICAL ASSISTANCE CENTER ON GUAM.
(a) Cooperative Agreement- Using funds appropriated 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 Procurement 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
Procurement Technical Assistance Center on Guam.
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 compliance 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 Employment Laws From Contractor-
The Secretary of a military department shall withhold final payment under
any contract for the construction of a public building, facility, 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 performance of the contract) with all applicable
laws of Guam that require employers to make payments to or for the benefit
of employees, including laws relating to unemployment insurance, workers
compensation, health insurance, and disability insurance.
(c) Authority To Withhold Payment to Contractor 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 construction 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 considers 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 Contractors To Obtain Applicable Licenses-
In any contract entered into by the Secretary of a military department for
the construction of a public building, facility, or work on Guam, the Secretary
shall require that the contractor performing the type of work to be performed
under the contract be licensed to perform such work.
(e) Effective Date- This section shall apply with respect to contracts entered
into after the date of the enactment of this Act.
END
