80 FR 78770 - Guam Military Base Realignment Contractor Recruitment Standards-Revised

DEPARTMENT OF LABOR
Employment and Training Administration

Federal Register Volume 80, Issue 242 (December 17, 2015)

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

[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)]
[Notices]
[Pages 78770-78772]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31713]


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DEPARTMENT OF LABOR

Employment and Training Administration


Guam Military Base Realignment Contractor Recruitment Standards--
Revised

AGENCY: Employment and Training Administration, Labor.

ACTION: Final notice.

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SUMMARY: The U.S. Department of Labor (Department), Employment and 
Training Administration (ETA), is issuing this notice to revise 
recruitment standards that construction contractors are required to 
follow when recruiting United States (U.S.) workers for Guam military 
base realignment projects authorized by 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: Donald Haughton, Office of Workforce 
Investment, Employment and Training Administration, U.S. Department of 
Labor, 200 Constitution Avenue NW., Room C-4526, 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 (division B of Public 
Law 110-417;

[[Page 78771]]

10 U.S.C. 2687 note) 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 
workers holding H-2B visas under the Immigration and Nationality Act, 8 
U.S.C. 1101(a)(15)(H)(ii)(b), 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, qualified, and available to perform the work; and
    (2) the employment of workers holding H-2B visas will not have an 
adverse effect on either the wages or the working conditions of workers 
in Guam.
    In order to allow the Governor to make this certification, 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 is reproduced in full in Section I below (``Contractor 
Recruitment Instructions'').
    The Department developed the Contractor Recruitment Instructions in 
full consultation with, and with the approval of, the Guam Department 
of Labor (GDOL). Although the Department 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 
www.reginfo.gov/public/do/PRAMain Web site).
    Under 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.

I. Guam Military Base Realignment Contractor Recruitment Instructions

    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 via a completed Job Order (Guam Form GES 
514) in person at the Guam Employment Service office, which is open 
Monday through Friday (except holidays) 8 a.m. to 5 p.m., at 710 Marine 
Corps Drive, Suite 301, Bell Tower Plaza, Hagatna (for assistance 
please call (671)-475-7000).
    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 boards, for 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);
    iii. Hawaii (www.hirenethawaii.com);
    iv. Oregon (www.emp.state.or.us/jobs); and
    v. Washington (https://fortress.wa.gov/esd/worksource/Employment.aspx).
    c. Post a help wanted ad in the local newspaper for American Samoa 
and have a notice posted in the American Samoa Human Resources agency 
office. For assistance with these tasks, please see the American Samoa 
Human Resource agency contacts listed at www.jobbankinfo.org.
    For contractors needing assistance with job postings, additional 
contact information and a link to the required Guam form GES 514 are 
listed at www.jobbankinfo.org.
    Each job posting must be posted for at least 21 consecutive days.
    d. 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 
American Job Centers (also known as One-Stop Career Centers) and the 
U.S. workforce investment system nationwide.
    e. 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.
    2. Each job posting in (A)(1) through (5) must include, at a 
minimum, the following information:
    a. The contractor's name and appropriate contact information for 
applicants to inquire about the job opportunity, or to send 
applications and/or resumes 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. A statement indicating whether or not the employer will pay for 
the worker's transportation to Guam;
    d. If the employer provides transportation, include a statement 
that daily transportation to and from the worksite(s) will be provided 
by the employer;
    e. 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;
    f. If the employer makes On-the-Job Training (OJT) available, a 
statement that it will be provided to the worker;
    g. If required by law, a statement that overtime will be available 
to the worker and the wage offer for working any overtime hours;
    h. The wage offer, and the benefits, if any, offered;
    i. A statement that the position is temporary;
    j. The total number of job openings the employer intends to fill; 
and
    k. If the employer provides the worker with the option of board, 
lodging, or other facilities, including fringe benefits, or intends to 
assist workers to secure such lodging, a statement disclosing the 
provision and cost of the board, lodging, or other facilities, 
including fringe benefits or assistance to be provided.
    3. During the 28-day recruitment period, which begins on the 
earliest job posting date, 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. Indicate all the recruitment approaches used to recruit workers, 
including an 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 dates of each posting, 
and the job order or requisition number;
    b. A copy of each job posting;
    c. How each job posting and response was handled, including:

[[Page 78772]]

    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.
    Contractors may provide much of this information in the form of a 
table or spreadsheet, so that instead of a narrative style the 
contractor need only check an appropriate box or provide a phrase, 
number or date (e.g., to indicate whether an individual reported for an 
interview or not, or lacked specific qualifications).

II. Public Burden Statement

    The Office of Management and Budget (OMB) has approved the 
Department's request to extend the information collection (OMB Control 
Number 1205-0484) for three years, expiring October 31, 2018.
    Persons are not required to respond to this collection of 
information unless it displays a valid OMB control number (1205-0484). 
The 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 www.reginfo.gov/public/do/PRAMain. To do this, use the following instructions:
    1. Go to the first ``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.

Portia Wu,
Assistant Secretary for Employment and Training.
[FR Doc. 2015-31713 Filed 12-16-15; 8:45 am]
BILLING CODE 4510-FN-P