Guam provisions in House NDAA; delegate seeking H-2B extension

HAGÅTÑA (The Guam Daily Post) — The House version of the fiscal year 2024 National Defense Authorization Act contains various amendments intended to support Guam and the Indo-Pacific region, including more than $1.7 billion in spending for military activities and construction on the island, according to the office of Guam Del. James Moylan.

“In terms of spending authorizations, Del. Moylan was instrumental in working with the committee staff to secure an additional $100 million for the Guam Missile Defense (his amendment originally requested for $147 million, but it was reduced during committee discussions) and over $200 million in new military housing construction to help reduce the impact in the local inventory,” the delegate’s office stated in a news release.

Extending Guam’s limitation exemption for H-2B visas another five years was a key priority for Moylan, but the waiver was not provided by the House Judiciary Committee to include in the final House version of the NDAA, according to the release. Moylan was, however, able to speak to Hawaii Sen. Mazie Hirono’s team for the inclusion of the amendment in the Senate version of the fiscal 2024 NDAA.

A seat at the table

The next journey for the annual defense budget law is for the Senate to pass its version of the measure, which will lead to the reconciliation process between the House and Senate versions of the NDAA. Moylan is speaking with leadership of the House Armed Services Committee for a seat during that process to represent the Indo-Pacific region.

“It would be helpful to sit as a conferee to ensure that our amendments are secured, that the H-2B amendment remains, and also to ensure that any language in the Senate bill which addresses Guam but is not a priority, including the one addressing a briefing related to nuclear power, are removed,” Moylan stated in his release, referring to the Senate provision directing a briefing on the potential for using microreactors on Guam.

Moylan’s proposals

The delegate’s proposals adopted into the House NDAA include several typhoon-related amendments regarding infrastructure, including provisions directing the secretary of the Department of Defense to determine the feasibility of entering into a partnership with the power utility to enhance or harden power infrastructure, as well as determine the feasibility and costs of repairing infrastructure damaged by Typhoon Mawar, which would be done in collaboration with local mayors.

Another amendment directs the defense secretary to justify why he did not execute his authority to temporarily waive the Jones Act for Guam “as it has been done for other jurisdictions impacted by major storms,” the delegate’s office stated.

The Jones Act is a federal law mandating that all cargo shipping between U.S. ports occur only on U.S.-flagged vessels. It has been credited with artificially inflating the cost of shipping goods to Guam, other U.S. territories and Hawaii.

The House version also directs the defense secretary to look into military housing needs to minimize the impact on the local housing inventory; determine the feasibility of bringing back a permanent ship repair and dry dock facility on Guam, which is intended to help create jobs; and review the Overseas Cost-of-Living Allowance for service members in Guam, with the intent of reverting them to 2022 rates.

The NDAA is critical legislation that tackles the annual DOD budget. According to national media reports, the House version of the fiscal 2024 NDAA contains several controversial Republican-led amendments related to preventing payment for abortion expenses, barring coverage for gender-transition surgeries or hormone treatments, and cuts to diversity programs. The Democrat-controlled Senate is unlikely to back these measures in its own version and in reconciliation, according to national media reports.

An entrance to the Marine Corps Base Camp Blaz construction site in Dededo is shown July 11, 2023. 

An entrance to the Marine Corps Base Camp Blaz construction site in Dededo is shown July 11, 2023. 

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