[Federal Register Volume 77, Number 15 (Tuesday, January 24, 2012)]
[Notices]
[Pages 3503-3505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1295]


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DEPARTMENT OF LABOR

Employment and Training Administration


Guam Military Base Realignment Contractor Recruitment Standards

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.

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SUMMARY: The U.S. Department of Labor's (Department) Employment and 
Training Administration (ETA) is issuing this notice to announce the 
recruitment standards that construction contractors are required to 
follow when recruiting United States (U.S.) workers for Guam military 
base realignment projects funded through the National Defense 
Authorization Act (NDAA) for Fiscal Year 2010.

DATES: This notice is effective upon publication in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Anthony D. Dais, Office of Workforce 
Investment, Employment and Training Administration, U.S. Department of 
Labor, 200 Constitution Avenue NW., Room S-4231, Washington, DC 20210. 
Telephone (202) 693-2784 (this is not a toll-free number). Individuals 
with hearing or speech impairments may access the telephone number 
above via TTY by calling the toll-free Federal Information Relay 
Service at 1-(877) 889-5627 (TTY/TDD). Fax: (202) 693-3015. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: Section 2834(a) of the NDAA for Fiscal Year 
2010 (Pub. L. 111-84, enacted October 28, 2009) amended Section 2824(c) 
of the Military Construction Authorization Act (Pub. L. 110-417, 
Division B) by adding a new subsection (6). This provision prohibits 
contractors engaged in construction projects related to the realignment 
of U.S. military forces from Okinawa to Guam from hiring non-U.S. 
workers unless the Governor of Guam (Governor), in consultation with 
the Secretary of Labor (Secretary), certifies that: (1) There is an 
insufficient number of U.S. workers that are able, willing, and 
qualified to perform the work; and (2) that the employment of non-U.S. 
workers will not have an adverse effect on either the wages or the 
working conditions of U.S. construction workers in Guam.
    In order to allow the Governor to make this certification, the NDAA 
requires contractors to recruit workers in the U.S., including in Guam, 
the Commonwealth of the Northern Mariana Islands, American Samoa, the 
U.S. Virgin Islands, and Puerto Rico, according to the terms of a 
recruitment plan developed and approved by the Secretary. That 
recruitment plan has been reproduced in full in Section I below 
(``Contractor Recruitment Standards'').
    The Department has developed the Contractor Recruitment Standards 
in full consultation with, and with the approval of, the Guam 
Department of Labor (GDOL). Although the Department has developed the 
recruitment standards, it has assigned oversight of the Contractor 
Recruitment Standards and the NDAA-required consultation with the 
Governor to GDOL through a Memorandum of Understanding between the 
Department and GDOL, effective November 22, 2011 (the MOU can be found 
on the RegInfo.gov Web site listed at the end of this Federal Register 
Notice).
    Under the NDAA, no Guam base realignment construction project work 
may be performed by a person holding an H-2B visa under the Immigration 
and Nationality Act until the contractor complies with the Department's 
Contractor Recruitment Standards, and the Governor of Guam issues the 
certification noted above. The Department is now publishing an interim 
version of the recruitment standards to avoid delaying the start of 
projects that are essential to fulfill U.S. international obligations, 
meet the needs of the people of Guam and the U.S. Department of 
Defense, and to ameliorate extremely high unemployment rates among U.S. 
workers with construction skills and experience. More background is 
provided in U.S. Department of Labor Report to Congress Required by the 
National Defense Authorization Act for Fiscal Year 2010 (July 29, 
2011), submitted to the Senate Committee on Health, Education, Labor, 
and Pensions, and the Armed Services Committee; and the House of 
Representatives Education and the Workforce Committee, and the Armed 
Services Committee (this report can be found at the RegInfo.gov Web 
site listed at the end of this Federal Register Notice).
    Upon publication of this notice, the Contractor Recruitment 
Standards in Section I below will take effect immediately. To comply 
with the Paperwork Reduction Act of 1995 (PRA) and 5 CFR 1320.13, the 
Department obtained approval from the President's Office of Management 
and Budget (OMB) for information collection pursuant to the Contractor 
Recruitment Standards, effective October 19, 2011 and scheduled to 
expire April 30, 2012. The Department is requesting a three-year 
extension of this information collection request (ICR). A copy of the 
ICR can be obtained by following the instructions at the end of this 
Federal Register Notice.

I. Guam Military Base Realignment Contractor Recruitment Standards

    Guam military base realignment contractors must take the following 
actions to recruit U.S. workers.
    1. At least 60 days before the start date of workers under a base 
realignment contract, contractors must
    a. Submit a job posting with GDOL at http://dol.guam.gov/index.php?option=com_jobline&Itemid=0&task=add, or by submitting a 
completed Job Order (Form GES 514) in person at the Guam Employment 
Service office. The job posting must be posted on the GDOL Job Bank for 
at least 21 consecutive days;
    b. Submit a job posting with the state workforce agency's Internet 
job bank in American Samoa at www.usworks.com/americansamoa/, the 
Commonwealth of the Northern Mariana Islands at https://marianaslabor.net/employer.asp, and in the following states:
    i. Alaska (www.jobs.state.ak.us);
    ii. California (www.caljobs.ca.gov);

[[Page 3504]]

    iii. Hawaii (www.hirenethawaii.com);
    iv. Oregon (www.emp.state.or.us/jobs); and
    v. Washington (https://fortress.wa.gov/esd/worksource/Employment.aspx).
    The job posting must be posted for at least 21 consecutive days. If 
for any reason the Internet job bank in American Samoa is not 
available, the contractor must place an advertisement on two Sundays in 
a newspaper that: (1) Is of general circulation in the territory; (2) 
has a reasonable distribution and is appropriate to the occupation; and 
(3) is likely to be seen by workers interested in applying for 
construction employment.
    c. Submit a job posting with an Internet-based job bank that
    i. is national in scope, including the entire U.S., Guam, the 
Commonwealth of the Northern Mariana Islands, American Samoa, the 
Virgin Islands, and the Commonwealth of Puerto Rico;
    ii. allows job postings for all occupations; and
    iii. is free of charge for job seekers and their intermediaries in 
One-Stop Career Centers and the employment service delivery system 
nationwide.
    d. Where the occupation or industry is customarily unionized, 
contact the local union in Guam in writing to seek U.S. workers who are 
qualified and who will be available for the job opportunity.
    The postings are separate and distinct requirements--i.e., a 
posting under Section 1(b) cannot be used to satisfy the posting 
requirement under Section 1(c).
    2. Each job posting in (1)(a) through (d) must include, at a 
minimum, the following:
    a. The contractor's name and appropriate contact information for 
applicants to inquire about the job opportunity or to send applications 
and/or r[eacute]sum[eacute]s directly to the employer;
    b. The geographic area of employment, with enough specificity to 
apprise applicants of any travel requirements and where applicants will 
likely have to reside to perform the services or labor;
    c. If applicable, a statement that daily transportation to and from 
the worksite(s) will be provided by the employer;
    d. A description of the job opportunity with sufficient information 
to apprise U.S. workers of the services or labor to be performed, 
including the duties, the minimum education and experience 
requirements, the work hours and days, and the anticipated start and 
end dates of the job opportunity;
    e. If applicable, a statement that on-the-job training will be 
provided to the worker;
    f. If applicable, a statement that overtime will be available to 
the worker and the wage offer for working any overtime hours;
    g. The wage offer, and the benefits, if any, offered;
    h. A statement that the position is temporary; and
    i. The total number of job openings the employer intends to fill.
    3. During the 28-day recruitment period, which begins on the 
earliest date of posting, contractors must interview all qualified and 
available Guam and U.S. construction workers who have applied for the 
employment opportunity.
    4. After the close of the recruitment period, and no later than 30 
days before the start date of workers under a contract, the contractor 
must provide a report including the following information via email to 
GDOL at [email protected] documenting its efforts to 
recruit U.S. workers from the U.S. and all U.S. territories:
    a. A description of all the recruitment approaches used to recruit 
realignment workers. The description must include identification of the 
Internet job banks where the postings occurred, the occupation or 
trade, a description of wages and other terms and conditions of 
employment, the date of each posting, and the job order or requisition 
number. If newspaper advertisements were used, the description must 
also include the dates that these ads appeared in the newspaper;
    b. A copy of each job posting;
    c. A detailed description of how each response to the job postings 
was handled, including
    i. the number of job applications received;
    ii. the name of each applicant;
    iii. the position applied for;
    iv. the final employment determination for each applicant or job 
candidate; and
    v. for each U.S. job applicant not hired, a description of the 
specific, lawful, job-related reason for rejecting the applicant for 
employment, which includes a comparison of the job applicant's skills 
and experience against the terms listed in the original job posting.

II. Departmental Recruitment Support Activities

    Separate from the Contractor Recruitment Standards, ETA will 
facilitate a nationwide outreach and recruitment effort to maximize 
hiring of U.S. construction workers, including outreach to its 
workforce investment system. ETA will do the following:
     Develop and issue a Training and Employment Notice (TEN), 
and hold an Internet-based training session (``Webinar'') to inform 
contractors, state workforce agencies, state and local workforce 
investment boards, and One-Stop Career Centers of the anticipated 
construction employment opportunities on Guam and how these 
opportunities will be posted [interested individuals can automatically 
receive notice of the TEN by going to http://wdr.doleta.gov/directives 
and clicking on the last bullet, stating ``To be added to the ETA 
Advisory electronic distribution list--click here'' and interested 
individuals can automatically receive notice of the Webinar by 
registering for ETA's Workforce3One by going to https://www.workforce3one.org/register.aspx, then going to the fourth category 
(Newsletters and Updates) and checking the box for ``Webinars/Live 
Events,'' and should also check both boxes under ``Reemployment Works'' 
in the preceding category (labeled ``Join Communities'')];
     Develop telephone scripts for a Toll-Free Help Line 
directing job seekers to the GDOL job bank;
     Ensure that Departmental offices -- including the Office 
of Unemployment Insurance, the Office of Apprenticeship, the Office of 
Job Corps, the Veterans' Employment and Training Service, and the 
YouthBuild program--are informed of the construction employment 
opportunities; and
     Brief pertinent intergovernmental and labor organizations 
(including the National Governors Association, National Conference of 
State Legislatures, and building trades unions), so that they can 
assist in spreading information about the U.S. worker outreach effort.

III. Public Burden Statement

    These Contractor Recruitment Standards have been approved under the 
PRA. Persons are not required to respond to this collection of 
information unless it displays a valid OMB control number (1205-0484). 
Public reporting burden for this collection of information is estimated 
at three hours per job order, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Further information on this ICR can be 
accessed using control number 1205-0484 at the RegInfo.gov Web site at 
www.reginfo.gov/public/do/PRAMain.

[[Page 3505]]

To do this, use the following instructions.
    1. Go to the ``Select Agency'' box and click on the drop-down 
arrow, and then select ``Department of Labor.'' Then click on the 
``Submit'' button to the right of the box.
    2. Each entry lists the OMB Control Number at the top of the entry. 
Scroll down the screen until 1205-0484 appears (the entries are in 
numerical order).
    3. Once you reach 1205-0484, click on the number immediately below 
that, the ICR Reference Number (not the Control Number itself).
    4. To see the Information Collection notices themselves, click on 
``View Information Collection (IC) List'' near the top of the page on 
the left. To see the Report to Congress, the MOU, the ICR Supporting 
Statement and other relevant documents, click on ``View Supporting 
Statement and Other Documents'' near the top of the page on the right.

    Signed: at Washington, DC, this 17th day of January, 2012.
Jane Oates,
Assistant Secretary for Employment and Training.
[FR Doc. 2012-1295 Filed 1-23-12; 8:45 am]
BILLING CODE 4510-FN-P