[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] [H.A.S.C. No. 116-25] HEARING ON NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2020 AND OVERSIGHT OF PREVIOUSLY AUTHORIZED PROGRAMS BEFORE THE COMMITTEE ON ARMED SERVICES HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ FULL COMMITTEE HEARING ON MEMBER DAY __________ HEARING HELD APRIL 3, 2019 [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] __________ U.S. GOVERNMENT PUBLISHING OFFICE 36-899 WASHINGTON : 2020 -------------------------------------------------------------------------------------- COMMITTEE ON ARMED SERVICES One Hundred Sixteenth Congress ADAM SMITH, Washington, Chairman SUSAN A. DAVIS, California WILLIAM M. ``MAC'' THORNBERRY, JAMES R. LANGEVIN, Rhode Island Texas RICK LARSEN, Washington JOE WILSON, South Carolina JIM COOPER, Tennessee ROB BISHOP, Utah JOE COURTNEY, Connecticut MICHAEL R. TURNER, Ohio JOHN GARAMENDI, California MIKE ROGERS, Alabama JACKIE SPEIER, California K. MICHAEL CONAWAY, Texas TULSI GABBARD, Hawaii DOUG LAMBORN, Colorado DONALD NORCROSS, New Jersey ROBERT J. WITTMAN, Virginia RUBEN GALLEGO, Arizona VICKY HARTZLER, Missouri SETH MOULTON, Massachusetts AUSTIN SCOTT, Georgia SALUD O. CARBAJAL, California MO BROOKS, Alabama ANTHONY G. BROWN, Maryland, Vice PAUL COOK, California Chair BRADLEY BYRNE, Alabama RO KHANNA, California SAM GRAVES, Missouri WILLIAM R. KEATING, Massachusetts ELISE M. STEFANIK, New York FILEMON VELA, Texas SCOTT DesJARLAIS, Tennessee ANDY KIM, New Jersey RALPH LEE ABRAHAM, Louisiana KENDRA S. HORN, Oklahoma TRENT KELLY, Mississippi GILBERT RAY CISNEROS, Jr., MIKE GALLAGHER, Wisconsin California MATT GAETZ, Florida CHRISSY HOULAHAN, Pennsylvania DON BACON, Nebraska JASON CROW, Colorado JIM BANKS, Indiana XOCHITL TORRES SMALL, New Mexico LIZ CHENEY, Wyoming ELISSA SLOTKIN, Michigan PAUL MITCHELL, Michigan MIKIE SHERRILL, New Jersey JACK BERGMAN, Michigan KATIE HILL, California MICHAEL WALTZ, Florida VERONICA ESCOBAR, Texas DEBRA A. HAALAND, New Mexico JARED F. GOLDEN, Maine LORI TRAHAN, Massachusetts ELAINE G. LURIA, Virginia Paul Arcangeli, Staff Director Sapna Sharma, Professional Staff Member Justin Lynch, Clerk C O N T E N T S ---------- Page WITNESSES Case, Hon. Ed, a Representative from Hawaii...................... 1 Cunningham, Hon. Joe, a Representative from South Carolina....... 4 Green, Hon. Mark E., a Representative from Tennessee............. 3 Kilmer, Hon. Derek, a Representative from Washington............. 5 Rose, Hon. Max, a Representative from New York................... 10 San Nicolas, Hon. Michael F.Q., a Delegate from Guam............. 11 Takano, Hon. Mark, a Representative from California.............. 6 Thompson, Hon. Glenn, a Representative from Pennsylvania......... 8 APPENDIX Prepared Statements: Case, Hon. Ed................................................ 19 Cunningham, Hon. Joe......................................... 24 Green, Hon. Mark E........................................... 22 Kilmer, Hon. Derek........................................... 26 Rose, Hon. Max............................................... 35 San Nicolas, Hon. Michael F.Q................................ 37 Takano, Hon. Mark............................................ 29 Thompson, Hon. Glenn......................................... 33 Documents Submitted for the Record: Brownley, Hon. Julia, a Representative from California....... 41 Castor, Hon. Kathy,, a Representative from Florida........... 43 Cicilline, Hon. David N., a Representative from Rhode Island. 45 Cuellar, Hon. Henry, a Representative from Texas............. 47 Himes, Hon. James A., a Representative from Connecticut...... 48 Jayapal, Hon. Pramila, a Representative from Washington...... 49 Kinzinger, Hon. Adam, a Representative from Illinois......... 51 Lesko, Hon. Debbie, a Representative from Arizona............ 57 Lieu, Hon. Ted, a Representative from California............. 58 Lipinski, Hon. Daniel, a Representative from Illinois........ 61 Maloney, Hon. Sean Patrick, a Representative from New York... 62 McEachin, Hon. A. Donald, a Representative from Virginia..... 65 McKinley, Hon. David B., a Representative from West Virginia. 67 Moore, Hon. Gwen, a Representative from Wisconsin............ 71 Olson, Hon. Pete, a Representative from Texas................ 67 Rodgers, Hon. Cathy McMorris, a Representative from Washington................................................. 67 Ruppersberger, Hon. C.A. Dutch, a Representative from Maryland................................................... 74 Schrader, Hon. Kurt, a Representative from Oregon............ 76 Velazquez, Hon. Nydia M., a Representative from New York..... 77 Young, Hon. Don, a Representative from Alaska................ 83 Witness Responses to Questions Asked During the Hearing: [There were no Questions submitted during the hearing.] Questions Submitted by Members Post Hearing: [There were no Questions submitted post hearing.] . MEMBER DAY ---------- House of Representatives, Committee on Armed Services, Washington, DC, Wednesday, April 3, 2019. The committee met, pursuant to call, at 9:00 a.m., in room 2118, Rayburn House Office Building, Hon. Adam Smith (chairman of the committee) presiding. Chairman Smith. Good morning. We will come to order. To begin with, I have to ask for unanimous consent that all Members' written statements will be made part of the record. The committee has received 10 statements for the record in addition to our colleagues who are here in person. Without, objection so ordered. So, welcome to this Members' Day. We will hear from other Members of the caucus on what their priorities are. You each will have 4 minutes and we will ask questions. I think it is okay. We will just have them all go and then ask questions at the end. And we will go left to right, and start with Mr. Case. STATEMENT OF HON. ED CASE, A REPRESENTATIVE FROM HAWAII Mr. Case. Chair Smith, Ranking Member Thornberry, distinguished members of the committee, thank you very much for the opportunity to testify today on this year's National Defense Authorization Act [NDAA]. And I do so representing Hawaii, a proud partner in the Indo-Pacific. And to put this in perspective, if you get on a plane today and fly to Hawaii, that is 5,000 miles; if you get on a plane then and fly from Hawaii to Beijing, that is another 5,000 miles. So that would give you a sense of not only the distances that we are talking about in the Indo-Pacific, but the placement of Hawaii. So in Hawaii we live and breathe the Pacific, always have and always will. The National Security Strategy and National Defense Strategy affirmed the reemergence of long-term strategic competition with other great powers as a central challenge to our national security. I think most of us can now agree that no country poses as significant or long-term challenge and threat to us as does China. Thus the NDAA as our annual blueprint for the Department of Defense and our military should reflect the strategic interest that the U.S. has in the Indo-Pacific region generally and China specifically. Our goal as summarized by this administration's free and open Indo-Pacific strategy with which I generally agree is to peacefully address China's rise and bring it into the existing regional architecture of free and open navigation, interconnected trade and development, security cooperation and international institutions. The purpose of a strong military posture in the Indo- Pacific is not to seek conflict or escalate competition with China, but to raise the costs and international consequences of Chinese aggression and reassure allies and partners of our engagement in this critical region. The U.S. Indo-Pacific Command, INDOPACOM, headquartered in Hawaii is charged with addressing our military challenges in the Indo-Pacific. It is the largest combatant command in terms of areas of responsibility and assets, stretching from the west coast of the United States mainland to the west coast of India. But it requires additional resources. Reports of forces in the region being overworked from high demand and struggling with readiness from deferred maintenance are simply unacceptable. This year's NDAA should continue a long-term strategy for INDOPACOM to reach its goals in deployed forces and readiness especially in air and naval assets. We need to continue supporting improvements in doctrine, assets, and technology to counter China's aggressive military and soft power buildup. I urge the committee to continue investing in research and development of these technologies to address these risks. Hawaii is of particular importance to our Indo-Pacific strategy. Hawaii offers an indispensable forward position in the Pacific, is home to INDOPACOM headquarters and commands for every service, and maintains a large military presence. We need increased investment in our military construction needs there, including the Hawaii Infrastructure Readiness Initiative, our shipyard and training ranges to improve our readiness in the Indo-Pacific. Even with increased investment in improving our military posture in the Indo-Pacific, the U.S. cannot do it alone in the region. Peacefully integrating China into the existing rules- based regional order requires the active cooperation of partner countries, the vast geographic space that needs to be covered in the Indo-Pacific demands reliance on our allies there. We need to reassure our traditional treaty allies such as Japan, South Korea, Australia, the Philippines, and Thailand while building relationships with partners and potential partners like India and Vietnam. I also want to ask that this committee pays special attention to the Pacific Island countries such as Vanuatu, the Federated States of Micronesia, and Palau to name only a few. They are critical to our overall posture in the Pacific and simply need much more attention from both a military and a State Department foreign aid perspective for our overall strategy. In conclusion, I urge this committee to ensure this year's NDAA reflects the strategic importance of Hawaii and the entire Indo-Pacific. We must enhance our military posture there and continue building alliances and partnerships in the region. Thank you for your consideration and hard work in advancing our country's national security. [The prepared statement of Mr. Case can be found in the Appendix on page 19.] Chairman Smith. Thank you. Mr. Green. STATEMENT OF HON. MARK E. GREEN, A REPRESENTATIVE FROM TENNESSEE Mr. Green. Thank you, Mr. Chairman Smith and Ranking Member Thornberry, members of the committee. Thanks for the opportunity to testify today. Over several years prior to the current administration, the combination of sequestration and other cuts to DOD [Department of Defense] coupled with the ongoing fight against terrorism forced the military to prioritize readiness over some facility maintenance. I am here to provide an innovative solution that will work to keep both sides of the aisle happy, deliver increased efficiency in the use of defense dollars, and ultimately strengthen our military's capability for success in combat and greater deterrence during peace. Clearly we need to make numerous repairs to installation facilities, and I am very glad that this committee has shown the commitment to improvement by increasing defense spending over the past few years. That brings me to my concern with Davis-Bacon laws hampering DOD's spending effectiveness. Davis-Bacon requires a Federal construction contract to pay at least the prevailing wage that construction workers in the area are earning on private contracts. Davis-Bacon requires on military construction and maintenance costs causes those contracts to pay an additional 20 percent higher wages than market rates according to Bacon-Hill study group. These costs take dollars from other projects and limit the effective use of military construction dollars. In the near future, I will bring forward an amendment to allow a temporary exemption, temporary exemption, from Davis-Bacon for those military construction projects in States where there is no living wage requirement. In those States which require a living wage, Davis-Bacon would not be waived. We don't have time to spare. The Marine Corps' Camp Lejeune is still broken as you know. Tyndall Air Force Base is struggling of course from Hurricane Michael still. And we need to build more capabilities for new projects as our military evolves to face a changing, expanding, and competitive environment. Soldiers, sailors, airmen, Marines rely on home station facilities to refit for more and to retrain for future fights. We must house, refit, train our troops in a way that makes their competiveness unquestionable. When I went to combat, Mr. Chairman, 15 years ago, it wasn't a fair fight. No American son or daughter should ever go to combat and it be a fair fight. We need to make every dollar spent on defense and specifically these construction projects as efficient as possible. That is why I am proposing that in those States where there is no living wage requirement, we waive Davis-Bacon for a temporary period of time to allow for the most efficient use of those construction dollars. Thank you, and I yield back my time. [The prepared statement of Mr. Green can be found in the Appendix on page 22.] STATEMENT OF HON. JOE CUNNINGHAM, A REPRESENTATIVE FROM SOUTH CAROLINA Mr. Cunningham. Thank you, Mr. Chairman, Ranking Member Thornberry, and distinguished members of the committee. I also want to thank the committee's professional staff who keep everything moving behind the scenes and are the reason this bill has passed every year for nearly 60 years running. Our district is home to over 10,000 Active Duty service members who serve aboard Marine Corps Air Station [MCAS] Beaufort, Parris Island, Beaufort Naval Hospital, and Joint Base Charleston. I am here today to advocate for these installations not only because they are critical to our national security, but also because they are an indispensable part of our economy in the Lowcountry. In the Beaufort area alone it is estimated that these installations have an economic impact of over $2 billion annually and support nearly 20,000 jobs. MCAS Beaufort houses several of the Marine Corps F-18 squadrons, and it is the only place in the world where pilots are trained to fly F-35Bs. As our adversaries continue to advance their own next- generation fighters and missile systems, it is imperative we expedite production of this aircraft and maintain our dominance in the skies. This is why I urge the committee's continued support for the F-35 program in this year's NDAA. On Parris Island, Marine Corps drill instructors work brutal hours every day of the year to transform young men and women into United States Marines. As one of two training depots that make Marines and the only depot that trains women, Parris Island is a pillar of our national security apparatus. This is why it is essential that we provide the depot funding they need to modernize the island's firing ranges. In the Marine Corps unfunded priority list, they requested additional resources to upgrade the Chosin Range, so recruits can continue to learn the fundamentals of marksmanship in a safe environment. I respectfully request the committee support this proposal so that Parris Island can continue to prepare our best and brightest to win our nation's battles in service to the country. Finally, I want to take a moment to discuss an issue that threatens nearly every base in our district and many of the bases in some of your districts as well, that is sea-level rise and climate change. Parris Island and MCAS Beaufort already experience regular flooding, and by 2050 it is estimated that they could be under water nearly a third of the year. Last year, this committee made important first steps towards addressing this growing threat by authorizing a new defense infrastructure program and expanding the Department's authority to improve roads near bases that are impacted by recurrent flooding. I strongly urge the members of this committee to continue to prioritize climate resiliency and that service members in the Lowcountry can continue to do what they do best. As you continue putting together this year's NDAA, I look forward to working with each and every one of you on these issues. And I thank you for your time and consideration. [The prepared statement of Mr. Cunningham can be found in the Appendix on page 24.] Chairman Smith. Thank you. Mr. Kilmer. STATEMENT OF HON. DEREK KILMER, A REPRESENTATIVE FROM WASHINGTON Mr. Kilmer. Thank you, Mr. Chair. And I want to thank you and the ranking member for holding this Member Day. I represent Washington State's Sixth District which is home to 11 federally recognized tribes. And as you know, Native American tribes have unique status that entitles them to a special government-to-government relationship with the United States based on their federally recognized status as sovereign nations. Many of these tribes entered into treaties with the Federal Government that guaranteed certain rights and outlined the commitments made by our government. And treaties are the supreme law of the land; treaty rights held by a tribe cannot be diminished by the passage of time or by non-use. When any Federal executive agency or department including the Department of Defense proposes a project, it needs to engage in formal government-to-government consultation with any tribe that may be impacted by that project. Now I also represent Naval Base Kitsap which is located on the Hood Canal where five distinct tribes have treaty-reserved rights to access their usual and accustomed fishing grounds. Naval Base Kitsap had had several important military construction projects in recent years. We have a shipyard that works on nuclear ships and a sub base that loads nuclear submarines, so dry-dock improvement and a new explosive- handling wharf are just a few examples of projects that are vital to the Navy's mission, to the security of the work being done, and to our national security. So, having said that, every time a Navy construction project such as a dock or a pier involves a water interface, it likely has an impact to a treaty right. In many cases, those impacts are first identified as part of the process mandated under the National Environmental Policy Act [NEPA] specifically when the Navy drafts an environmental impact statement [EIS] for a planned activity. But unfortunately, when project plans have developed to that point and impacts to tribal treaty rights are identified that late in the game, it is often very difficult and sometimes impossible to develop meaningful project alterations to mitigate the impact to the treaty-reserved rights. So, to address that shortcoming, I believe that the consultation process should start well before the NEPA process and the issuance of a draft EIS for public comment. I believe that a tribal consultation requirement and certification should be incorporated to the DD Form 1391 through which requirements and justifications in support of funding requests for DOD military construction are submitted to Congress. This would ensure that efforts have been taken to consult with the tribes early and that impacts to treaty- reserved rights can be identified at the earliest stages of the project. That would assist in discussions between the DOD and the tribes on the next steps, which could involve alterations to the project to avoid the impact and or further consultations between the DOD and tribes to possibly arrive at an acceptable mitigation to the impact to treaty-reserved rights. Should an impacted tribe decide to work with the DOD to develop an appropriate mitigation strategy to allow the project to move forward, I believe that the DOD should not limit itself to the mechanisms spelled out under the Sikes Act, which was intended only to mitigate for environmental damage. Impacts to treaty rights can't be equated to environmental impacts simply because those rights are tied to natural resources. In fact, treaty rights which have been guaranteed by legally binding documents is no different than any other form of property right. An environmental review may identify that a project costs the ability to harvest 100 shellfish for example, but that fails to address a treaty right that guarantees the right of someone's grandchildren's grandchildren to harvest those shellfish. So with that in mind the DOD should use any and all resources, not just the Sikes Act, at its disposal when entering into negotiations with the tribe regarding equitable mitigation. So I would appreciate your consideration of my request to include a provision in the NDAA to require tribal consultation requirement and certification on the DD Form 1391 and a provision noting that the committee recognizes that a treaty- reserved right is no different than any property right. So my goal is twofold. One, to help to give the DOD and tribes one more tool so that they can increase the odds that they can successfully negotiate an outcome and allow projects to move forward without delay. And two, to ensure that DOD respects treaty rights and the self-determination of tribal governments. Thank you. [The prepared statement of Mr. Kilmer can be found in the Appendix on page 26.] Chairman Smith. Thank you all very much. I appreciate those perspectives. Does anyone have any questions for any of the witnesses? Thank you very much. I appreciate it. And I think we have Mr. Takano and Mr. Thompson are both here. You just can come forward and we can get started. There are two other people on the second panel, but we will get started and plug them in when they arrive. Thank you very much, and we will start with Mr. Takano. I apologize for moving you from the first panel to the second, I know you had another hearing this morning, but I appreciate your patience. And you are recognized. STATEMENT OF HON. MARK TAKANO, A REPRESENTATIVE FROM CALIFORNIA Mr. Takano. It is my pleasure, Mr. Chairman. Thank you, Chairman Smith, Ranking Member Thornberry, and other members of the committee. I thank you for the opportunity to testify today. First, I am here to advocate for the Work for Warriors program. Work for Warriors was created to address the disproportionately higher unemployment rates among members of the National Guard and military spouses. The underlying model for this program connects with local businesses to identify job openings, seek out qualified and currently unemployed applicants, and help individuals to navigate the resume, interview, and hiring process. California has one of the largest Work for Warriors programs in the country, along with Nevada, South Carolina, and Washington State. The programs are also being developed in Florida, Tennessee, Colorado, North Carolina, and other States. My proposed language would create a national Work for Warriors pilot program that mirrors these State direct-to- employment programs to provide direct job placement and related employment assistance to members of the National Guard and Reserve, as well as military spouses and veterans. A Work for Warriors provision has been included in the House NDAA every year since 2014. And I hope to continue the longstanding practice of this committee to support our veterans and members of the National Guard and Reserves by including this pilot program in NDAA. As chairman of the Veterans Affairs Committee, one of my top priorities is ensuring that our veterans have the resources they need to succeed. The Work for Warriors program has been extremely successful in my home State of California, and has placed more than 5,000 individuals in jobs. The other States I have mentioned have enjoyed comparable success through this program. The Work for Warriors program job placement services provides a sense of stability, purpose, and continuity for those in the program. And we can deliver on this same successful model nationwide by creating a pilot program through the Department of Defense. Although successful Federal veterans employment initiatives can cost more than $10,000 per placement, Work for Warriors has a total per placement cost of roughly $1,100. This staggering difference is a testimony to the incredible value that a national Work for Warriors program could bring to countless National Guardsmen, reservists, and veterans. Now as we continue to seek out ways to improve outcomes and create new opportunities and provide adequate support and care for members of our armed services and veterans, we must recognize the programs that are successful and make appropriate investments to support those programs. Work for Warriors is a strong example of an investment that we should be rushing to make. Now I am also here to advocate for another important initiative, the Keith Nolan Air Force Deaf Demonstration program. This language would create an Air Force demonstration program for deaf and hard-of-hearing individuals to access as officers of the Air Force as long as they continue to meet all the other essential qualifications for accession as an officer in the Air Force. This provision is inspired by a deaf young man named Keith Nolan, a teacher at the Maryland School for the Deaf, who successfully completed two levels of Army ROTC [Reserve Officers' Training Corps]. Keith was preparing to take the next step when he was informed that he could not continue with his service because he is deaf. I have no doubt that the Air Force would have been strengthened by Keith's service. And we should not be so quick to turn away individuals who proudly look to serve. Individuals who want to serve should have the opportunity to do so. This demonstration program would give them the opportunity to serve the country they love. Now I am thankful that my amendment to create this program was included by the committee in last year's NDAA. And it is my sincere hope that it will be included again during this year's reauthorization. And I am excited that we are taking this step forward to give the deaf community a chance to defend the country that they love. I urge you to support the inclusion of both the Work for Warriors and the Keith Nolan Air Force Deaf Demonstration programs and I welcome the opportunity to answer any questions. And I yield back. [The prepared statement of Mr. Takano can be found in the Appendix on page 29.] Chairman Smith. Thank you. Mr. Thompson. STATEMENT OF HON. GLENN THOMPSON, A REPRESENTATIVE FROM PENNSYLVANIA Mr. Thompson. Chairman Smith, Ranking Member Thornberry, members of the Armed Services Committee, good morning and thank you for the opportunity to share my priorities for the fiscal year 2020 with the House Armed Services Committee. As a father of an Active soldier who received a Purple Heart during Operation Iraqi Freedom, I appreciate your willingness to receive my testimony. I recognize the challenges facing this committee and I appreciate your ongoing support for our service members. These brave Americans put their lives on the line regularly in the defense of a higher cause, so we have a responsibility to support them in the strongest, most responsible way possible. While I certainly understand that the Department of Defense has the best interest of our troops in mind, our oversight role is necessary that the Department stays on the right course. Specifically, the Army Corps of Engineers work to construct the Rhine Ordnance Barracks Army Medical Center in Germany, or ROBMC, concerns me and warrants additional oversight. I led a congressional delegation to this site in November of 2018; it consisted of five bipartisan members of Congress, three of whom sit on this committee, and what we found was alarming. For background, the ROBMC is a new hospital being constructed in Kaiserslautern, Germany, that will serve injured troops from AFRICOM [U.S. Africa Command], European, and Central Commands. It is located less than 2 miles from the flight line at Ramstein Air Base and will be the most strategically important military hospital outside of the continental United States. It will cost American taxpayers more than $1 billion and is an excellent investment for our American heroes. Congress fully understands the strategic importance of this hospital, but also recognizes its vulnerabilities. And one of the main vulnerabilities is its potential reliance on Russian- sourced natural gas. According to the Energy Information Administration, Germany imported 40 percent of its natural gas supplies from Russia in 2015. And this percentage has only increased since. Just last year, Germany bought more natural gas from Gazprom, Russia's state-owned gas company, than any other nation. Considering Russia's willingness to use its energy export as a political tool in the past, or as I would like say, weaponize energy, we need to ensure that our military installations are not subject to Russian interference. As a result of Germany's increased reliance on Russian natural gas, Congress and specifically this committee included language in both the fiscal year 2018 and 2019's National Defense Authorization Acts that limits Russia's influence over our military bases in Europe. The fiscal year 2018 NDAA called on the Department of Defense to limit the use of Russian sourced energy at military facilities in Europe as much as possible. The fiscal year 2019 NDAA took these concerns a step further and specifically cited the ROBMC and its energy supplies. It called for the medical center to be fueled using a mixed-fuel source that is domestically sourced when possible and that limits the use of Russian gas. The mixed-fuel source is particularly important as it ensures energy security through the diversification of fuel sources. The Army Corps is working in direct violation of these laws. It is planning the construction of an onsite co- generation plant that will only use natural gas to produce the hospital's electricity and hot water backups. This is contradictory to congressional intent and an illogical costly path forward. The Army Corps insists on moving forward with this single-source plant despite Congress' previous actions calling for a mixed-fuel energy source. It is also an illogical approach to ensuring energy security for the hospital. The Army Corps is planning on using Russian-sourced natural gas as a redundancy for disruption in Europe's natural gas supply. These disruptions, however, are most likely to be caused by Russia's willingness to shut off gas supplies to Western Europe. This is an irrational approach to energy security and poses a major threat to the American troops serving in the area, three areas of responsibility that the hospital will serve. And I respectfully request the committee's consideration including language in the National Defense Authorization Act that prohibits the authorization of funds for the construction of the ROBMC's onsite co-generation plant; let me be clear, not the rest of hospital. Now when my son was wounded in Iraq that was one of the three places that he got great care and surgery. I have a lot of respect for that hospital. And the new hospital will be amazing with the short commute from the Air Force strip. But I just would ask that again, language to prohibit the authorization of funds for the construction of ROBMC's onsite co-generation plant until the U.S. Army Corps of Engineers can certify that it is in compliance with U.S. statute. Thank you again for the opportunity to be here today, and I really look forward to working with you as this process moves forward. [The prepared statement of Mr. Thompson can be found in the Appendix on page 33.] Chairman Smith. Thank you. Mr. Rose. STATEMENT OF HON. MAX ROSE, A REPRESENTATIVE FROM NEW YORK Mr. Rose. Chairman Smith, Ranking Member Thornberry, thank you so much for giving me the opportunity to give this testimony today and thank you for your leadership. I want to talk to you today about an issue that we are encountering in my district, Staten Island, South Brooklyn, New York City. Today, and you all might not be aware of this, the BAH [Basic Allowance for Housing] for the GI Bill on Staten Island is significantly lower than the rest of New York City. And the reason for that is because Staten Island is not counted as a part of New York City when the BAH is calculated. So today, the monthly BAH is $600 less than the other four boroughs. That goes to $7,200 per year and it has been up to $1,000 less per month. It makes veterans on Staten Island feel like we don't care. It makes them feel like we are there getting ignored or ripped off, and you all can fix it. From your perspective this is tiny stuff. And we really ask in this NDAA that you include Staten Island as a part of New York City in terms of the calculation of the BAH. And I want to go down for the facts as to why this is so ridiculous. Today, Staten Island has the highest percentage of vets as compared to any other borough. In fact, compared to Manhattan and Queens, it is double the number on a percentage basis. Our median rents are very similar to the rest of New York City, and nonetheless, though, we have a BAH that is $600 less. The median household income is right in the middle for New York City, and to repeat, our BAH is $600 less and calculated as if we are not part of New York City. By all other government metrics, New York City is counted as a five-borough element. Every other time the government is thinking about New York City, it is five boroughs, but for some reason for the BAH, four boroughs plus Staten Island. Again, this makes no sense and we are just inflicting pain on people. And lastly, to really, and this is the icing on the cake. When the CONUS COLA [continental United States cost of living allowance] is determined, we have the highest, Staten Island has the highest one for all the five boroughs and one of the highest in the nation. If I were to tell you, highest COLA lowest BAH in the city, you would think that was crazy. You would think that was insane. And you can fix it. People come here asking for the earth, the world, the moon, the stars, everything. I am not today. I am just asking for you to be fair as it pertains to Staten Island. But it is not just the veterans. This is our economy as well. Remember, BAH is based off where you go to school, not where you live. So Staten Island is so hospitable, so wonderful to vets, they are moving to Staten Island at times but going to school in other places. They will take the free ferry to Manhattan because it could mean upwards of $1,000 extra per month for them. That is a massive hindrance to our local universities, and that hits our economy as well. And we are following the rules. We are just trying to do the right thing and DC right now is not treating us fairly. And so I come before you today, again, very thankful that you gave me this opportunity. And again, I ask you to equalize the BAH rates for Staten Island and the other four boroughs. Include us in the New York City calculations. It will be nice, simple, and most of all, it will be fair. Thank you again. [The prepared statement of Mr. Rose can be found in the Appendix on page 35.] Chairman Smith. Thank you very much. Mr. San Nicolas. STATEMENT OF HON. MICHAEL F.Q. SAN NICOLAS, A DELEGATE FROM GUAM Mr. San Nicolas. Chairman Smith, Ranking Member Thornberry, Subcommittee Chair Garamendi, and members of this distinguished committee, thank you for the chance to testify on my priorities for Guam and the Asia-Pacific region and development of the chairman's mark for the National Defense Authorization Act for Fiscal Year 2020. As the Federal Government continues its plan for realignment and building up its military presence in our territory and throughout the region, probable impacts to Guam's economy must be addressed. Guam recognizes its unique position and the key role it plays in our nation's defense, but the nation in turn must recognize its duty to ensure economic stability in the application of Federal laws. Small steps can be taken to address these concerns in the fiscal year 2020 NDAA. First, I ask the committee to expand the language from the fiscal year 2019 NDAA to allow foreign labor through the H-2B visa program for construction projects to include civilian projects. Recently, the approval rates for H-2B applications for civilian projects is close to zero percent, while military projects received very healthy approvals of H-2B labor. This alarming situation significantly increased the cost for building homes and delayed completion times for public infrastructure projects. Addressing the significant labor shortages will allow for stabilization of the island's economy and bring parity into civilian construction projects outside the fence. Additionally, with Guam receiving the highest per capita rate of tourism in the highly sensitive Asia-Pacific region, civilian projects are critical to soft power force projection, as the tourism experience on Guam is a direct showcase of American exceptionalism to the citizens of allies and potential adversaries. Second, I ask that language be included that would extend by at least an additional year the prohibition of using the former ship repair facility property at Naval Base Guam for any other purpose than depot level ship repair. This language was included in the fiscal year 2019 NDAA. I am concerned that the Navy continues to send Military Sealift Command ships to foreign shipyards in direct contravention of the intent behind 10 U.S.C. 8680, which requires these ships to be repaired in U.S. shipyards except for voyage and emergent repairs. I ask the committee to include language that requires U.S.- flag vessels serving the U.S. Armed Forces be repaired and maintained in ports within U.S. jurisdictions. Allowing our military ships to be maintained and serviced in foreign jurisdictions when we have local jurisdictions that can provide the work is counter to and undermines our ability to protect our nation against threats in the Asia-Pacific region. Moreover, I am deeply concerned that the Navy continues to find reasons to reduce ship repair capability on Guam when their own report conducted by U.S. Pacific Fleet several years ago clearly showed a long-term cost savings to the Navy for maintaining such capability on Guam. Finally, I request that language be included to require any future DOD telecommunication services and infrastructure installation on Guam be limited to U.S.-owned firms unless the Secretary of Defense certifies that a foreign firm can meet the resiliency and security requirements necessary to serve a U.S. military installation. From recent experience of Huawei, ZTE, and others, it is apparent that some foreign countries have identified telecommunications infrastructure as a potential infiltration point and are seeking to exploit that through artificially low- cost exploits. Beyond this, the Pacific Islands are susceptible to hurricanes and other natural disasters requiring a high level of resiliency that lowest cost bids may not achieve. In the Asia-Pacific region, U.S. military facilities enjoy a variety of missions from missile defense to rapid deployment and response. Foreign governments would be highly interested in the ability to monitor or even affect these missions. We must take steps necessary to protect our national security and interests. The Armed Services Committee has been a friend of and strong advocate for Guam's interest as our island plays a key role in our nation's primary defense against adversaries in Asia. I have appreciated this committee's longstanding efforts in reaffirming Guam's seat at the table and ensuring that Guam's concerns are not brushed aside. I want to thank you for your time and consideration of my testimony. [The prepared statement of Mr. San Nicolas can be found in the Appendix on page 37.] Chairman Smith. Thank you. I have two questions, actually. Mr. Rose, first of all, and forgive my ignorance here, I do not know if that is our committee's jurisdiction on the GI Bill. Now, we do things outside of our jurisdiction all the time, but it is conceivably and since we have the chairman of the Veterans Affairs Committee with us, it is conceivably in his jurisdiction. But we can work together to make that happen and do it in our bill. But I just want to be clear on that. Mr. Rose. I am on the VA Committee as well. Originally we thought that was the case, but actually the GI Bill's BAH is based off DOD calculations. Chairman Smith. Okay. Just within our bill. And the other challenge there would be whether or not making that change carries with it a mandatory score which basically we have to find the money for that, so that is unfortunate. I mean I completely agree with your argument. There is no reason that it should be separate. But once it is separate, to fix it you have to come up with the money to fix it. So we will have to look at different ways to do that. So if you could make sure and work with the staff on if, is it mandatory; if it is not mandatory it is a hell of a lot easier to work out. Mr. Rose. Absolutely. Chairman Smith. Yes, but I completely agree with your assessment on that. Mr. Rose. Thank you for your consideration, Chairman. Chairman Smith. Thank you. And Mr. Thompson, just so I am clear the current plan of the hospital is to rely on Russian natural gas. And you want us to prohibit them from, you talked about the onsite-- Mr. Thompson. Chairman, we are constructing right now a new medical center that is approximately just 2 miles from the landing strip on Ramstein. It is a great concept. When we were there and led a CODEL [congressional delegation] there, three of your members joined me. I mean, they were just clearing the site at that point. Chairman Smith. No, I am familiar with the project. Mr. Thompson. Yes, what we do today is all of that electricity, hot water, everything is purchased through the city of Kaiserslautern. Chairman Smith. And they get it from the Russians? Mr. Thompson. No. Kaiserslautern use multi-fuel source. They use biomass. They use wind. Chairman Smith. Sorry, I am just trying to get down to a very specific point. You want us to prohibit them from doing what? Mr. Thompson. The Corps of Engineers is moving away from what we have always done and they are building a co-generation plant. They have plans to build a power generation plant on the site of the hospital, which would be solely and completely relying on natural gas. Right now, part of the trust that we have with the community, the city of Kaiserslautern, that area is that partnership with the type of heating source that we use at Ramstein, it is used all throughout that region and it is the Corps of Engineers that have chosen to veer from that. Chairman Smith. What source of energy would we be using instead of natural gas? Mr. Thompson. That, quite frankly, if they choose to continue to what I think is an excessive and unnecessary cost of building their own generation plant which we have never done that. This would be the first time. That would be obviously up to the Corps of Engineers. Our statute that this committee has passed and has been incorporated in the NDAAs in the past just calls for multiple sources so that we are not dependent on Russia for their natural gas, because Russia has been known to weaponize energy. Chairman Smith. Yes. I got all of that. Mr. Thompson. And so there are two alternatives here. One, ultimately, I mean, if I had the opportunity to have a preference would be to continue the relationship we have with the city of Kaiserslautern that uses multiple sources for generating power, electricity, hot water. Chairman Smith. Right, understood. I mean, obviously we would rather not be reliant upon Russian natural gas. It depends on what we are then going to be reliant on if we don't allow them to go that route. Mr. Thompson. That is correct. And the past two National Defense Authorizations have addressed this issue, but just clearly, the Army Corps of Engineers is ignoring Congress in this situation with proceeding with, quite frankly, building a plant at significant cost, and then the cost of operating that plant is going to require additional fulltime employees to operate. And the part that I didn't address is it continues to break down that trust that we have within those German communities there. And I think that you will find with Ramstein that I am hard pressed to think anyone in there hasn't been well served by that partnership with the city of Kaiserslautern where all this is generated today. Chairman Smith. Absolutely. I have been to the current hospital at Landstuhl many, many times. It is an outstanding facility. Mr. Thompson. It certainly is. Chairman Smith. And incredibly important. And they do amazing work there. I was in Iraq and visited a wounded soldier, and then by the time I got to Landstuhl, he was already there being treated. So it is an incredibly important part. Mr. Thompson. It will be an easier trip now that you are coming down off that top of that hill. It would just be 2 miles from the point where that transport plane will be landing at Ramstein. Chairman Smith. Absolutely, thank you. That is all I have. Anybody else? Mr. Thornberry. Mr. Chairman, I just want to thank this panel and our previous panel. Some of the issues we have heard about today I am familiar with, some not so much. But that is the importance of having members bring their priorities to our attention, and I know that you and I will work together with our staff to look at each of the issues that the members have brought, so I appreciate it. Chairman Smith. Absolutely, that is a commitment on both my part and the ranking member's part. We represent the whole caucus. And we understand, certainly in the districts that have been represented here, that our national security needs are met by every district in this country and every member has an interest, and we want to make sure that we address those interests as best as we can on the committee. So, appreciate you all being here. Any further questions? Hearing none, thank you very much. We are adjourned. [Whereupon, at 09:40 a.m., the committee was adjourned.] ======================================================================= A P P E N D I X ======================================================================= PREPARED STATEMENTS SUBMITTED FOR THE RECORD April 3, 2019 ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] ======================================================================= DOCUMENTS SUBMITTED FOR THE RECORD April 3, 2019 ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]