[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5931 Introduced in House (IH)]







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'').
    (b) Credits to 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.
    (c) Use of Account.--
            (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).
    (d) Transfer Authority.--
            (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.
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