The Official Website of Congresswoman Madeleine Z. Bordallo

House Passes Defense Authorization Act

Bill Strengthens Oversight of the Military Build-Up on Guam

FOR IMMEDIATE RELEASE - May 22 , 2008– Washington, D.C. –

Today the U.S. House of Representatives passed H.R. 5658, the “National Defense Authorization Act for Fiscal Year 2009” by a vote of 384 to 23. The bill authorizes defense spending and policy for 2009, and contains several provisions sponsored by Congresswoman Bordallo that will strengthen Congressional oversight and accountability of the ongoing military build-up on Guam.

“This military build-up and the realignment of military forces to Guam is very important for our community and our nation. Its success will require very close cooperation between federal agencies and GovGuam, and Congress supports strengthening this partnership,” Congresswoman Bordallo said. “For this reason, I worked with my colleagues in the House Armed Services Committee to include provisions in the bill this year to establish a framework for appropriate Congressional oversight and accountability for the military build-up process.”

The bill authorizes $531.4 billion in budget authority for the Department of Defense and national security programs within the Department of Energy. It also authorizes an additional $70 billion for ongoing operations in Iraq and Afghanistan. It reflects a commitment from the Congress to provide servicemembers with substantial investment and policies to enhance their readiness. In particular, the bill authorizes an additional $800 million for equipment for the National Guard. The bill also provides our men and women in uniform with a 3.9% pay raise which is .5% more than requested by the President, and includes provisions strengthening TRICARE and supporting military families.

The bill also contains many provisions of significant importance to Guam. Some of the provisions will enable greater federal assistance to Guam as our community prepares to improve critical infrastructure in support of the build-up. During debate on the bill today the House of Representatives considered and passed by voice vote an amendment offered by Congresswoman Bordallo that authorizes the Maritime Administration (MARAD) under the U.S. Department of Transportation to assist the Government of Guam in making improvements at the Port of Guam. The amendment, which was adopted on the House floor, specifically authorizes the creation of a federal account that the Maritime Administration will use to consolidate funding and though which certain port modernization and expansion projects can be executed per a memorandum of understanding between the Maritime Administration and the Government of Guam. The amendment enables necessary improvements to begin at the port under this arrangement.

“This amendment is important to enabling the Maritime Administration and GovGuam to execute their memorandum of understanding,” said Congresswoman Bordallo. “If the capacity at the Port is not soon increased we face the possibility of a chokepoint hindering the success of the build-up. The Maritime Administration has a solid track record of assisting local governments with port improvements, including work in Alaska and Hawaii, and that is why we seek their assistance and experience for improvements at our Port.”

Other provisions of interest to Guam that are contained in H.R. 5658 and that Congresswoman Bordallo worked to include are listed below.

Extends by law the Davis-Bacon Act to all military construction projects on Guam, thereby ensuring that construction workers are paid local prevailing wage rates and afforded Davis-Bacon Act “worker protections;”
Encourages the development of Memoranda of Understanding between federal agencies and the Government of Guam to establish and outline future funding commitments for civilian infrastructure needs;

Encourages the utilization of local small businesses and directs the establishment of a Procurement Technical Assistance Center on Guam for the purpose of assisting small businesses in competing for federal contracts;

Creates the “Guam Defense Policy Review Initiative Account” to manage the Government of Japan’s contributions for the build-up and requires the Department of Defense to provide specific budget information to Congress to detail its projects related to the realignment of forces on Guam;

Establishes Congressional guidance on the implementation of Special Purpose Entities (SPEs) by encouraging the Department of Defense to improve utilities in a way that will benefit the entire island grid, and expresses that SPEs should not be limited solely for base utilities and military family housing;
Requires all new military construction projects on Guam to be built to Leadership in Energy and Environmental Design (LEED) Silver Standards based on energy efficiency and sustainable or “green” building principles, and requires the Secretary of Defense to establish a renewable energy goal for Guam’s military bases by the end of 2009;

Requires the Department of Defense to report to Congress on the steps being taken proactively to ensure that contractors performing work on Guam comply with local tax and licensing requirements;
Requires the Department of Defense Inspector General to report to Congress on the steps being taken to avoid potential waste and fraud associated with the realignment of military forces on Guam;
Requires the Comptroller General or the U.S. Government Accountability Office (GAO) to report on the status of interagency coordination within the federal government and with the Government of Guam related to the military build-up;
Requires the Department of Defense and the Department of Veterans Affairs to complete a written agreement before any medical facility could be designated as a “combined federal medical facility” of the Department of Defense and the Department of Veterans Affairs. The provision specifically requires the two departments to study Guam as a potential location of a new combined federal medical facility;
Requires the Secretary of Defense to report to Congress on the implementation of Section 374 of the National Defense Authorization Act for Fiscal Year 2008 which elevated the priority level of military retirees seeking off-island specialty care as a result of a medical referral;

Requires the Department of the Navy to justify repair of its vessels in non-U.S. shipyards, and to notify Congress each time repairs for a vessel are scheduled as an exception to “Repair American” provisions. Congresswoman Bordallo worked to enact into law the “Repair American” provisions as part of the National Defense Authorization Act for Fiscal Year 2007;
Requires the Department of the Navy to report on the steps it is taking to ensure that a critical ship repair capability is maintained on Guam. The report is required to include an estimate detailing the number of vessels to be homeported or operating in the vicinity of Guam in the future that are needed to maintain such capability;
Authorizes the Department of Defense to participate in conservation banking programs for habitat conservation purposes. Conservation banking and in-lieu-fee arrangements are additional tools to help the Department of Defense mitigate the impacts of military activities on the environment, and can be used for example to help mitigate impacts from the military build-up on Guam and to support federal partnership in the “Micronesia Challenge” to conserve near-shore marine resources and land on Guam and in the Northern Mariana Islands;
Authorizes the Office of Economic Adjustment (OEA) at the Department of Defense to provide planning assistance to the Commonwealth of the Northern Mariana Islands (CNMI) as it is already authorized for Guam, the 50 States, the District of Columbia, and the other territories.

Includes provisions of the National Guard Empowerment and State-National Defense Integration Act of 2008. Specifically, the bill recognizes the duties performed by State Adjutants General as eligible for joint credit as well as requiring that Memoranda of Understanding be developed between the National Guard Bureau and U.S. Northern and Pacific Commands to codify the operational relationships, and roles and responsibilities of these commands during domestic emergencies. Congresswoman Bordallo strongly supports these provisions and the National Guard Empowerment and State-National Defense Integration Act of 2008, which she has cosponsored, and on which these provisions are based.

The National Defense Authorization Act passed by the House of Representatives today also authorizes $180 million in military construction funding for Guam. These projects are listed below:

· $62.4 million for construction of Bachelor Enlisted Quarters on Naval Base Guam;

· $50.0 million for completion of the Kilo Wharf Extension;

· $30.0 million for construction of a new central utility plant at the Naval Hospital on Guam;

· $26.1 million for upgrades to the wastewater collection system at Naval Base Guam;

· $5.4 million for the realignment of Arc Light Boulevard on Andersen Air Force Base; and

· $5.2 million for construction of a combat communications maintenance facility at Andersen Air Force Base.

The United States Senate is expected to debate and consider its version of the National Defense Authorization Act in June, and both versions will need to be reconciled in a conference committee of the two chambers before it can be sent to the President for his action or signature into law.

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Contact: Joseph E. Duenas in Washington, D.C. at 202-225-1188 or Audreya Taitano at 671-477-4272/4

joseph.duenas@mail.house.gov or audreya.taitano@mail.house.gov

www.house.gov/bordallo

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