123STA T . 2 67 3 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9ber e qui re dtoa d v erti s ea n dso l i c it f or construction w or k ers int h e U nited S tates , includin gG ua m , the C ommonwealth of the N orthern M ariana I slands, A merican Samoa, the V irgin Islands, and the Commonwealth of P uerto R ico, in accordance with a recruitment p lan approved b y the Secretary of L abor .T he contractor shall submit a copy of the employment offer, including a description of wages and other terms and conditions of employment, to the Secretary of Labor at least 60 days before the start date of the workers under a contract. The contractor shall authori z e the Secretary of Labor to post a notice of the employment offer on a website, with State, territorial, and local j ob banks, with State and territorial workforce agen - cies, and with any other referral and recruitment sources the Secretary of Labor determines may be pertinent to the employment opportunity. ‘ ‘ (E) R ECRUITM E N T P ERI OD . — The Secretary of Labor shall ensure that a contractor ’ s recruitment of construction workers complies with the recruitment plan required by subparagraph ( D ) for a period beginning 60 days before the start date of workers under a contract and continuing for the ne x t 28 days. During the recruitment period, the contractor shall interview all qualified and available United States construction workers who have applied for the employment opportunity, and, at the close of the recruit- ment period, the contractor shall provide the Secretary of Labor with a recruitment report providing any reasons for which the contractor did not hire an applicant who is a qualified United States construction worker. Not later than 2 1 days before the start date of the workers under a contract, the Secretary of Labor shall certify to the Gov- ernor of Guam whether the contractor has satisfied the recruitment plan created under subparagraph (D). ‘‘( F ) LIMIT A TION.—An employer, its attorney or agent, the Secretary of Labor, the Governor of Guam, and any designee thereof, may not seek or receive payment of any kind from any worker for any activity related to obtaining an H -2 B labor certification with respect to any construction project that is carried out using amounts described in subparagraph (B).’’. (b) REPORTIN G RE Q UIREMENT S .— (1) SECRETAR Y O F DEFENSE.—Not later than J une 3 0, 2010, the Secretary of Defense shall submit to the congressional committees specified in paragraph (3) a report containing an assessment of efforts to establish a Project Labor Agreement for construction projects associated with the Guam realignment as encouraged by Executive O rder 13 5 02, entitled ‘‘Use of Project Labor Agreements for Federal Construction Projects’’ ( 74 Fed. Reg. 6 9 85), as a means of complying with the require- ments of paragraph (6) of section 2824(c) of the Military Construction Authorization Act for Fiscal Y ear 2009, as added by subsection (a). (2) SECRETARY OF L A B OR.—Not later than June 30, 2010, the Secretary of Labor shall submit to the congressional committees specified in paragraph (3) a report containing an assessment of— Deadlin e .R e ports . C ontra c ts. Deadline. Certi f ication. Deadline. Reports. Contracts. N otice. W e b postin g . Deter m ination. Records. Deadline.
