U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

i 

30–570 2019

[H.A.S.C. No. 115–96] 

MEMBER DAY 

COMMITTEE ON ARMED SERVICES 

HOUSE OF REPRESENTATIVES 

ONE HUNDRED FIFTEENTH CONGRESS 

SECOND SESSION 

HEARING HELD 

APRIL 11, 2018 
(II) 

COMMITTEE ON ARMED SERVICES 

ONE HUNDRED FIFTEENTH CONGRESS

WILLIAM M. ‘‘MAC’’ THORNBERRY, Texas, Chairman 

WALTER B. JONES, North Carolina 

JOE WILSON, South Carolina 

FRANK A. LOBIONDO, New Jersey 

ROB BISHOP, Utah 

MICHAEL R. TURNER, Ohio 

MIKE ROGERS, Alabama 

BILL SHUSTER, Pennsylvania 

K. MICHAEL CONAWAY, Texas 

DOUG LAMBORN, Colorado 

ROBERT J. WITTMAN, Virginia 

DUNCAN HUNTER, California 

MIKE COFFMAN, Colorado 

VICKY HARTZLER, Missouri 

AUSTIN SCOTT, Georgia 

MO BROOKS, Alabama 

PAUL COOK, California 

JIM BRIDENSTINE, Oklahoma 

BRAD R. WENSTRUP, Ohio 

BRADLEY BYRNE, Alabama 

SAM GRAVES, Missouri 

ELISE M. STEFANIK, New York 

MARTHA MCSALLY, Arizona 

STEPHEN KNIGHT, California 

STEVE RUSSELL, Oklahoma 

SCOTT DESJARLAIS, Tennessee 

RALPH LEE ABRAHAM, Louisiana 

TRENT KELLY, Mississippi 

MIKE GALLAGHER, Wisconsin 

MATT GAETZ, Florida 

DON BACON, Nebraska 

JIM BANKS, Indiana 

LIZ CHENEY, Wyoming 

JODY B. HICE, Georgia 

ADAM SMITH, Washington 

ROBERT A. BRADY, Pennsylvania 

SUSAN A. DAVIS, California 

JAMES R. LANGEVIN, Rhode Island 

RICK LARSEN, Washington 

JIM COOPER, Tennessee 

MADELEINE Z. BORDALLO, Guam 

JOE COURTNEY, Connecticut 

NIKI TSONGAS, Massachusetts 

JOHN GARAMENDI, California 

JACKIE SPEIER, California 

MARC A. VEASEY, Texas 

TULSI GABBARD, Hawaii 

BETO O’ROURKE, Texas 

DONALD NORCROSS, New Jersey 

RUBEN GALLEGO, Arizona 

SETH MOULTON, Massachusetts 

COLLEEN HANABUSA, Hawaii 

CAROL SHEA–PORTER, New Hampshire 

JACKY ROSEN, Nevada 

A. DONALD MCEACHIN, Virginia 

SALUD O. CARBAJAL, California 

ANTHONY G. BROWN, Maryland 

STEPHANIE N. MURPHY, Florida 

RO KHANNA, California 

TOM O’HALLERAN, Arizona 

THOMAS R. SUOZZI, New York 

JIMMY PANETTA, California 

JEN STEWART, Staff Director 

ARI ZIMMERMAN, Professional Staff Member 

PAUL ARCANGELI, Professional Staff Member 

JUSTIN LYNCH, Clerk 
(III) 

C O N T E N T S 

Page 

STATEMENTS PRESENTED BY MEMBERS OF CONGRESS 

Thornberry, Hon. William M. ‘‘Mac,’’ a Representative from Texas, Chairman, 

Committee on Armed Services ............................................................................ 1 

WITNESSES 

Chabot, Hon. Steve, a Representative from Ohio ................................................. 1 

Donovan, Hon. Daniel M., Jr., a Representative from New York ........................ 6 

Johnson, Hon. Mike, a Representative from Louisiana ........................................ 8 

Kihuen, Hon. Ruben J., a Representative from Nevada ...................................... 5 

Rutherford, Hon. John H., a Representative from Florida .................................. 11 

Schneider, Hon. Bradley Scott, a Representative from Illinois ........................... 13 

Vela ́zquez, Hon. Nydia M., a Representative from New York ............................. 3 

APPENDIX 

PREPARED STATEMENTS: 

Chabot, Hon. Steve ........................................................................................... 19 

Donovan, Hon. Daniel M., Jr. .......................................................................... 34 

Johnson, Hon. Mike .......................................................................................... 36 

Kihuen, Hon. Ruben J. ..................................................................................... 32 

Rutherford, Hon. John H. ................................................................................ 40 

Schneider, Hon. Bradley Scott ......................................................................... 43 

Vela ́zquez, Hon. Nydia M. ............................................................................... 26 

DOCUMENTS SUBMITTED FOR THE RECORD: 

Blumenauer, Hon. Earl, a Representative from Oregon, joint with Hon. 

Adam Kinzinger, a Representative from Illinois ........................................ 51 

Bustos, Hon. Cheri, a Representative from Illinois ....................................... 52 

Congressional Special Operations Forces Caucus Co-Chairs ........................ 54 

Hon. Kathy Castor, a Representative from Florida 

Hon. Walter B. Jones, a Representative from North Carolina 

Hon. Scott H. Peters, a Representative from California 

Hon. Timothy J. Walz, a Representative from Minnesota 

Crawford, Hon. Eric A. ‘‘Rick,’’ a Representative from Arkansas ................ 56 

Kinzinger, Hon. Adam, a Representative from Illinois ................................. 58 

Kinzinger, Hon. Adam, joint with Hon. Earl Blumenauer ............................ 51 

Lipinski, Hon. Daniel, a Representative from Illinois ................................... 72 

Pearce, Hon. Stevan, a Representative from New Mexico ............................ 75 

Walden, Hon. Greg, a Representative from Oregon ...................................... 79 

Yarmuth, Hon. John A., a Representative from Kentucky ........................... 80 

Young, Hon. Don, a Representative from Alaska .......................................... 82 

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.] 

(1) 

MEMBER DAY 

HOUSE OF REPRESENTATIVES, COMMITTEE ON ARMED SERVICES, Washington, DC, Wednesday, April 11, 2018. 

The committee met, pursuant to call, at 1:33 p.m., in Room 2118, 

Rayburn House Office Building, Hon. William M. ‘‘Mac’’ Thornberry 

(chairman of the committee) presiding. 

OPENING STATEMENT OF HON. WILLIAM M. ‘‘MAC’’ THORNBERRY, A REPRESENTATIVE FROM TEXAS, CHAIRMAN, COMMITTEE ON ARMED SERVICES 

The CHAIRMAN. The committee will come to order. The committee 

is pleased to receive testimony today from our colleagues on what 

their priorities are for this year’s National Defense Authorization 

Bill. And so I would like to ask unanimous consent that all Members’ written statements will be made part of the record. Now, I 

would note we have received I think approximately 14 written 

statements as well as our colleagues who are here in person. 

So let me welcome everyone. I would yield to the ranking member for any comments he would like to make. 

Mr. SMITH. No, don’t have any comments. I look forward to the 

rest of the testimony. Thank you. 

The CHAIRMAN. Again, thank you all for being here. We will start 

with—and I don’t know if you all are doing this together or separately, chairman of the Small Business Committee and Ms. 

Vela ́zquez, the ranking member, we appreciate the working 

relationship over a number of years that we have had to try to expand the defense industrial base especially for small and mid-sized 

companies. 

Thank you both for being here. 

Chairman Chabot, the floor is yours. 

STATEMENT OF HON. STEVE CHABOT, A REPRESENTATIVE 

FROM OHIO 

Mr. CHABOT. Thank you very much, Chairman Thornberry and 

Ranking Member Smith. And I—as you indicated, we have always 

had a very good working relationship, Ranking Member Vela ́zquez 

and myself, and we hope to continue to do that. We work together 

in a very bipartisan way on the committee, all of the members really do. 

I appreciate the opportunity to testify before you on the National 

Defense Authorization Act [NDAA] for Fiscal Year 2019. Let me 

begin by thanking the committee for its longstanding collaboration 

with the Small Business Committee. It has been my privilege to 

serve on the Small Business Committee for over 20 years now and 
2 

through those years, I know that the Armed Services Committee 

and our committee have really worked very well together, so thank 

you for that relationship. 

Your commitment to small businesses is evidenced through the 

numerous small-business provisions being enacted into law each 

year. I am here today to support the inclusion of 13 small-business 

bills in this year’s NDAA; each of them is important in ensuring 

a robust defense industrial base and I will focus on a few highlights in my limited time. 

First, I would like to highlight an important recommendation 

made by the Section 809 Panel in its Volume 1 report. Recognizing 

the agility and innovativeness small businesses bring to the table, 

the panel advocated for increased use of research and development 

programs specifically calling for the greater utilization of the Small 

Business Innovation Research [SBIR] and Small Business Technology Transfer [STTR] programs across the Department of Defense. 

In a similar vein, H.R. 2763 makes a number of important 

changes to the SBIR and STTR programs, these are the ones that 

I just referred to, including improving agency accountability, instituting reporting deadlines, and requiring the Small Business Administration to provide future Congresses with a greater understanding of the program’s strength and weaknesses. 

Additionally, the legislation ensures taxpayers reap the benefits 

of the SBIR and STTR programs by tying them to long-term projects at the Defense Department. I want to, again, emphasize that 

improving the SBIR and STTR programs through this legislation 

closely follows the recommendations made by the Section 809 

Panel, and I urge you to consider this important legislation for the 

fiscal year 2019 NDAA. 

In addition, the Section 809 Panel made a number of recommendations regarding small-business contracting. Given that 

the Federal Government spends over a half trillion dollars each 

year through contracts, the Federal procurement market is extremely important for small businesses. Unfortunately, as the 

panel indicated, the number of small-business contract actions 

dropped nearly 70 percent from fiscal year 2011 to 2016 while the 

value of the Department of Defense [DOD] small-business contracts 

rose approximately 290 percent. 

The decline in the number of small-business contract actions indicates DOD’s small-business contracting is unfortunately not promoting competition and fostering robustness in the defense market 

enough. 

These startling statistics indicate an immediate need to reverse 

this decline, so I would urge you to consider H.R. 5337, 4754, and 

5144, all of which would facilitate small-business participation in 

the Federal contracting area. Furthermore, I would urge this committee to consider H.R. 4668 and 3170. These commonsense cybersecurity bills are vital to protecting our national security. Small 

businesses are increasingly targeted by cyber criminals due to their 

lack of resources and technical knowledge to prevent cyberattacks, 

and may not be able to afford hiring specialized employees or 

cybersecurity experts. 
3 

Thus, it is important for the Federal Government and private 

sector to work together to combat cyber threats by making information technology education accessible for small businesses. H.R. 

4668 and 3170 would do just that. 

Additionally, I would like to ask the committee to consider H.R. 

2333, 2364, and 2056, all of which assist small businesses with 

much-needed capital. Despite an economy that is starting to show 

signs of improvement, small business continue to face obstacles 

when it comes to accessing capital. 

To address these challenges, the Committee on Small Business 

worked in a bipartisan manner on these measures to assist small 

businesses as they seek capital to grow and expand. Our Nation demands a vital small-business industrial base. It is fundamental to 

the health of our Nation as a whole and I am grateful to the Armed 

Services Committee for working with the Small Business Committee, and I look forward to working with you to ensure that 

small businesses continue to provide the Department of Defense 

and the Federal Government with competitive solutions to support 

critical programs. 

And I would be happy to answer any questions, and again, thank 

you for allowing us to testify. 

[The prepared statement of Mr. Chabot can be found in the Appendix on page 19.] 

The CHAIRMAN. Thank you. Do any members have questions of 

Chairman Chabot? Great. 

Ms. Vela ́zquez. 

STATEMENT OF HON. NYDIA M. VELA ́ ZQUEZ, A 

REPRESENTATIVE FROM NEW YORK 

Ms. VELA ́ ZQUEZ. Thank you. Chairman Thornberry, Ranking 

Member Smith, and members of this committee, I am honored to 

advance bipartisan legislation that will benefit small businesses 

alongside my colleague, Chairman Chabot. I would like to echo his 

remarks regarding our bipartisan working relationship. I strongly 

believe that when it comes to small-business issues, there is no Republican or Democratic approach and we have guided the committee in that spirit. 

We are all aware of the devastation last year’s hurricanes caused 

to Puerto Rico. But one thing is clear, if we are to restore the quality of life in Puerto Rico, small businesses will be central to that 

equation. I am very proud of Puerto Rico not only because it is 

where I was born, but because of the resilience of its people. 

Unfortunately, even today, more than 6 months after Maria, an 

estimated 20 percent of the island’s small businesses remain closed 

and others face continued hardships with power and basic living 

needs. That is why I appreciate Chairman Chabot bringing H.R. 

5178, the Puerto Rico Small Business Contracting Assistance Act, 

before the Small Business Committee. 

This bill was approved with bipartisan support in March. The 

Federal Government’s procurement of goods and services can be 

one of our most powerful tools for stimulating economic activity. 

Unfortunately, to date Puerto Rico has been largely left out of the 

Federal marketplace. Of the small number of Federal contracts per-
4 

formed in Puerto Rico a substantial percentage of those contracts 

are performed by firms outside of Puerto Rico. 

In fact, the total awards to Puerto Rico’s small businesses declined from about $426 million in fiscal year 2014 to about $342 

million in fiscal year 2015. My bill aims to increase contracting by 

offering incentives such as granting agencies like DOD the ability 

to double the value of contract awards to Puerto Rican small-business concerns when counting the small-business prime contracting 

goal. 

It also provides training opportunities for firms wishing to participate in the Federal marketplace through the Mentor-Prote ́ge ́

Program. We must remember that as citizens of the United States, 

Puerto Ricans have fought, shed blood, and given their lives in 

nearly every major American war. We owe it to them to help rebuild, and this bill will advance that goal. 

We started working on this legislation a year ago, long before 

Maria. After the hurricane, we need this bill and its assistance for 

Puerto Rico even more today. 

Beyond Puerto Rico, the legislation before us today will help 

American small businesses more broadly. The SBA [Small Business 

Administration] administers a portfolio of entrepreneurial development programs including Small Business Development Centers, 

Women Business Centers, and the Service Corps of Retired Executives, or SCORE. I think we can all agree that these programs offer 

our Nation’s job creators vital tools to grow and create jobs. 

H.R. 1774, the Developing the Next Generation of Small Businesses Act of 2017, streamlines this program and makes them 

more effective, helping more firms access the assistance they need. 

Access to affordable capital is a longstanding challenge our committee has prioritized. H.R. 2364 will help boost the small-business 

investment company program success by modifying how much private capital banks and savings associations can invest in these 

companies. 

And H.R. 2056 increases the intermediary loan limit in the 

micro-loan program by $1 million, allowing successful lenders to 

serve more borrowers in high-demand locations. Additional areas 

where small firms add to our economy are innovation and infrastructure. Innovative firms drive America’s competitive edge in the 

global marketplace, yet the USPTO [United States Patent and 

Trademark Office] reported that just 15 percent of small businesses 

know they need to file for IP [intellectual property] protection 

abroad. 

H.R. 2655 addresses this by creating a partnership between the 

two agencies best suited to help them, the SBA and the USPTO. 

And as we contemplate our country’s infrastructure, we must protect the small businesses at the heart of building our roads and 

bridges. Performance bonds protect taxpayers from loss if a contractor on a Federal project defaults. H.R. 4486 amends the Miller 

Act to provide payment protection to small business that perform 

work on Federal construction projects. It does so by exempting certain construction contracts that must be bonded under the Miller 

Act from periodic inflation. 

In sum, Mr. Chairman, I believe we have a strong package of 

bills before you. I want to thank you, the committee, again for al-
5 

lowing me to testify. And I urge the inclusion of all these bills, including those highlighted by Chairman Chabot, to bolster the presence and economic health of our country’s small businesses. Thank 

you. 

[The prepared statement of Ms. Vela ́zquez can be found in the 

Appendix on page 26.] 

The CHAIRMAN. Are there any questions for Ms. Vela ́zquez? 

Great. 

Thank you both. 

Ms. VELA ́ ZQUEZ. Thank you. 

The CHAIRMAN. We look forward to working together again. 

Ms. VELA ́ ZQUEZ. Thank you. 

The CHAIRMAN. Mr. Kihuen, welcome. The floor is yours. 

Is the microphone on or? There we go. 

STATEMENT OF HON. RUBEN J. KIHUEN, A REPRESENTATIVE 

FROM NEVADA 

Mr. KIHUEN. Thank you, Mr. Chairman. And thank you Ranking 

Member Smith and my colleagues on the Armed Services Committee. I want to thank you for giving me the opportunity to come 

before the committee to discuss the vital role the military installations in Nevada’s Fourth Congressional District play in protecting 

our national security. 

Members of the committee, I want to begin with Nellis Air Force 

Base in the Las Vegas Valley. It’s in the adjacent Nevada test site 

and training range. Nellis is known as the home of the Thunderbirds, which showcases the remarkable skills of our Nation’s most 

highly trained military pilots, and whose pilots consider themselves 

America’s ambassadors in blue. 

If I may have a moment, Mr. Chairman, of personal privilege, I 

would like to recognize Major Stephen ‘‘Cajun’’ Del Bagno, a 

Thunderbird pilot who was killed last week on April 4th, 2018, during a training exercise. My thoughts go out to his family and his 

loved ones. 

Nellis’ mission goes far beyond the Thunderbirds and it is also 

the home of the U.S. Air Force Warfare Center, the largest and 

most demanding advanced air combat training mission in the 

world. Aircraft from Nellis operate in the Nevada Test and Training Range where more than 75 percent of all the live munitions 

used by the Air Force for training are dropped. Nellis employs 

11,000 military and 3,700 civilians, making it one of the largest 

employers in the State of Nevada. In total, the Nellis complex has 

an economic impact of over $5.5 billion annually. 

Nellis Air Force Base is also home to Red Flag, the premiere 

military training exercise in the world. Red Flag was created to 

provide the U.S. and our allies combat training in a realistic but 

safe environment. Red Flag brings together units with diverse missions ranging from air interdiction, combat search and rescue, close 

air support, dynamic targeting, and defensive counterair, and it 

pits them against other units who are specially trained to replicate 

the tactics and techniques of potential adversaries. In fact during 

the Red Flag operations, the forces amassed at Nellis Air Force 

Base combine to constitute the fourth largest air force in the world. 
6 

Nevada’s Fourth Congressional District is also home to Creech 

Air Force Base, which is most famous as the command and control 

facility for remotely piloted aircraft systems flying missions across 

the globe. From its base in Nevada’s Fourth District, airmen at 

Creech fly 70 to 75 percent of the unmanned aircraft combat operations around the world, 24 hours a day, 7 days a week. 

And finally, I would like to recognize the importance of the Hawthorne Army Depot in Hawthorne, Nevada. If you visit the depot, 

which I recently did, you will see thousands of munitions storage 

structures dotting the Nevada desert. These facilities are used to 

ship thousands of tons of munitions per year to the warfighter, and 

receive thousands of tons of ammunitions per year for disposal. In 

addition, Hawthorne is home to the detachment of the Naval 

Undersea Warfare Center. 

The Fourth Congressional District in Nevada plays an essential 

role in protecting our national security and supporting our military. That is why, Mr. Chairman, I am asking that you continue 

to authorize the operations that occur at Nellis, Creech, the Nevada Test and Training Range, as well as the Hawthorne Army 

Depot as part of the NDAA so that Nevada can continue to lead 

the way in conducting vital missions all around the globe. 

I want to thank you for your time and for letting me testify in 

front of your committee. Thank you, Mr. Chairman and Ranking 

Member. 

[The prepared statement of Mr. Kihuen can be found in the Appendix on page 32.] 

The CHAIRMAN. Thank you. No doubt, very—a number of very 

important facilities, but also we share your grief at the loss over 

this past week. We have been losing too many pilots and certainly 

one of the Thunderbirds is one of our best. So thank you. 

Mr. KIHUEN. Thank you, Mr. Chairman. 

The CHAIRMAN. And thanks for being here. If there are no other 

questions of Mr. Kihuen, I might just say I think we are going to 

have to come back after the vote for the second panel for—for Mr. 

Schneider and Mr. Johnson and Mr. Rutherford. So just heads up, 

I think we will hopefully have a chance to hear from Mr. Donovan 

and then we will come back immediately after votes for our second 

panel. 

Mr. Donovan, welcome, the floor is yours. 

STATEMENT OF HON. DANIEL M. DONOVAN, JR., A 

REPRESENTATIVE FROM NEW YORK 

Mr. DONOVAN. Thank you, Mr. Chairman. Thank you, Ranking 

Member Smith and members of the Armed Services Committee. 

Thank you for the opportunity to testify today. 

Mr. Chairman, I am requesting an amendment to the National 

Defense Authorization Act to require the Pentagon to propose a 

legal definition of cyber warfare. No matter how much technology 

has changed from the days of ancient Greece and Roman—Greek 

and Roman warfare until now, we have thought of war as involving 

weapons and the use of physical force. In modern times we have 

a large body of both United States and international law that defines and governs war. But for the past several decades we have 

faced a threat that does not have a legal definition: cyber warfare. 
7 

Cyber war does not fit within the traditional confines of how we 

conceive warfare. While we have a Cyber Command that is tasked 

with protecting U.S. cyberspace, we do not have a legal definition 

detailing under what circumstances a cyberattack is considered an 

act of war. That is why I am requesting an amendment that will 

require the Pentagon to form a working group to propose a legal 

definition, report back to Congress, and make the findings known 

to the public. 

We currently do not know when a cyberattack is an act of war. 

If North Korea were to bomb a hospital, that would undoubtedly 

be considered an act of war under both U.S. and international legal 

standards, but if North Korea were to launch a cyberattack on a 

hospital and were able to shut down the hospital or alter patient 

records, there is nothing that defines this as an act of war. 

Cyber hacking is rampant. The White House just released a report that cyber crime cost the United States economy an estimated 

$57 billion to $106 billion in 2016 alone. If an enemy causes between $57 billion and $106 billion worth of damage from bombing 

U.S. soil, rest assured we would be at war right now. 

North Korea is one of the biggest perpetrators of cyber hacking. 

China, Iran, and Russia are also well known for engaging in this 

practice. Critical infrastructure, sensitive technology secrets, and 

Americans’ private information are all at risk. Cyberattacks continue to develop, but they are not a new emerging technology. For 

the sake of our national security, we are long past due a legal definition that will allow us to confront the enemy. By not legally defining cyber warfare, we let our enemies know that this is an issue 

we are not ready to take seriously. It is time to change that. 

By creating a definition of when cyberattacks are an act of war, 

we will create a strong deterrent and stop other nation-states from 

engaging in this practice against the United States. My amendment will start the process of the United States creating a legal 

framework for when a cyberattack is an act of war. I sincerely and 

respectfully request that the committee consider my amendment. 

Mr. Chairman, I also testify before you today seeking equity for 

the constituents I represent on Staten Island. As you may know 

the Post-9/11 GI Bill grants housing allowances and assistance to 

veterans attending college through the military’s basic allowance 

for housing [BAH] program. This assistance is based on the rental 

and utility cost of the military housing area in which the veterans 

live. 

Currently, New York City is separated into two zones, one for 

Manhattan, Queens, Brooklyn, and the Bronx, and the other for 

Staten Island. Although the census status shows that Staten Island’s median gross rent is within $50 of Brooklyn’s and $100 higher than the Bronx, the formula still grants Bronx students up to 

$1,335 more than Staten Island students. It is alarming that these 

hardworking military families in my hometown have nearly identical cost of living expenses, yet they do not receive the same allowances as BAH recipients who attend schools in the other 4 boroughs. 

The result is that Staten Island’s three institutions of higher 

learning cannot recruit veteran students to their campuses because 

of the thousands upon thousands of dollars in reduced assistance 
8 

it would mean for that student. I firmly believe that the most equitable and commonsense solution is to have only one military housing area for all of New York City. My amendment would require 

DOD to merge Staten Island’s military housing area with the rest 

of New York City to create one military housing area for all of New 

York City. 

I again thank you very much for this opportunity to testify and 

I sincerely and respectfully request that the committee consider my 

amendment. 

[The prepared statement of Mr. Donovan can be found in the Appendix on page 34.] 

The CHAIRMAN. I appreciate it. I had no idea about the division 

in New York and so I don’t know if that is appropriate statutory 

or regulatory, but we will work with you to pursue some sort of answer to that. 

And on your cyber deal, as you may know, we had a hearing earlier today on cybersecurity where this exact issue was discussed, so 

it is very timely that you would bring that today and I appreciate 

you being here. We will take a careful look at it. 

Mr. DONOVAN. Thank you, Mr. Chairman. 

The CHAIRMAN. Because there are votes, we are going to—the 

committee will stand in recess until just after votes and then we 

will conduct our second panel. 

[Recess.] 

The CHAIRMAN. The committee will resume. We appreciate our 

colleagues coming back from votes. Again, all your written statements have, without objection, been made part of our record, but 

we appreciate hearing from each of you on your priorities and what 

you think are good for the country. 

So we will start with Mr. Johnson. The gentleman is recognized. 

STATEMENT OF HON. MIKE JOHNSON, A REPRESENTATIVE 

FROM LOUISIANA 

Mr. JOHNSON. Thank you, Mr. Chairman. Chairman Thornberry, 

Ranking Member Smith, and members of the committee, I sincerely 

appreciate you giving us the opportunity to return and provide 

input during the committee’s Member Day hearing for the fiscal 

year 2019 National Defense Authorization Act. 

I have the distinct honor of representing a congressional district 

that’s home to two vital military installations for our Nation and 

national security interest around the world: that is Fort Polk and 

Barksdale Air Force Base, and even our smaller National Guard facilities such as Camp Minden. 

As I am sure you know, Fort Polk is home to the Army Joint 

Readiness Training Center and Barksdale is home to the Air Force 

Global Strike Command. And as is evident with the recent provocations of Syria and North Korea and Iran and Russia and others, 

we live in a highly uncertain and incredibly complex time which 

further highlights the importance of these two bases and our military readiness to be fully prepared to combat any threat from overseas. 

In keeping with today’s time constraints, I just wanted to focus 

primarily on two areas that I think are essential in needing attention by the committee and our Congress. One is modernizing our 
9 

U.S. nuclear enterprise, and two is ensuring U.S. Army capabilities 

are fully equipped for necessary training exercises. 

As I begin, I wanted to—like to respectfully thank this committee 

for working closely with me last year while crafting the 2018 

NDAA to begin the process of reengineering and modernizing the 

B–52 bombers at Barksdale Air Force Base. This much-needed 

makeover will extend the life of the B–52s into the 2050s, which 

is amazing to even think about, and improve range and fuel efficiency and lower maintenance costs. 

And I would also like to relay my thanks for the continued support of Fort Polk from this committee in recognizing their vital importance to accomplishing its missions and military readiness. 

First, the nuclear enterprise. Today, I just briefly wanted to 

speak to the nuclear weapons as they continue to play an integral 

role in the strategies of Russia and North Korea, Pakistan, India, 

and China. In fact, according to many reports, as you all know and 

as evidenced from recent aggressive actions, these countries are increasing their reliance on and modernizing their capabilities 

whether it be on land, air or sea-based nuclear forces. 

If this Congress is going to be serious about rebuilding our nuclear infrastructure, it must continue to express support for the 

long-term commitment of Barksdale Air Force Base and for the majority of the nuclear triad. I applaud the decision by the U.S. Air 

Force to include the new gate at I–20 and Interstate 220 interchanges into Barksdale Air Force Base on its unfunded priority 

list. This project has to be completed in sequence to pave the way 

for construction of the weapon storage area which is currently 

scheduled to begin construction in fiscal year 2020. 

The new weapon storage area is absolutely vital to our nuclear 

enterprise as it will support the overall activities of Global Strike 

Command overseas and its necessary involvement in a wide array 

of strategic deterrence. As members of this committee, you are well 

aware of how critical the Bomber Command, Eighth Air Force in 

charge of our aging fleet and missile command, and the 20th Air 

Force in charge of the U.S. intercontinental ballistic missiles, are 

to deterrence and global strategy. 

Second is ground capabilities, and in any event that maintaining 

a capable and robust nuclear option does not suffice as a deterrent 

from war, it is imperative that we have a capable and ready ground 

force. And as this committee and the Congress have presented a 

path forward to rebuilding our force structure, the need for modernizing our ground capabilities is certainly prevalent to ensure 

full mission readiness. 

As a proud member who represents one of the two training centers, the unit training centers in the United States, Fort Polk Army 

Base and the Joint Readiness Training Center in our district are 

crucial to highlight how the Army has continued to solidify its footprint with the state-of-the-art Joint Readiness Training Center, the 

JRTC. 

As Fort Polk’s JRTC provides invaluable training for advise and 

assist roles, and provides soldiers with the training and flexibility 

necessary to carry out the demands placed on them to achieve victory, it also partners with our close allies in collaborative joint ex-
10 

ercises to prepare for the unique situations and challenges a unit 

may face while deployed. 

As we work to regrow our ground forces, and since Fort Polk remains a vital security asset, we should invest in the JRTC infrastructure to replace the existing Joint Operation Center, the JOC. 

As the current JOC was constructed in 1976, just 4 years after my 

birth, it is in need of serious modernization and as it is unable to 

offer sensitive training scenarios above the secret level due to its 

outdated infrastructure. 

Authorizing a new JOC at Fort Polk would allow the JRTC to 

replicate scenarios that are sensitive in nature but offer invaluable 

training to fully prepare for any challenges ahead as it is the only 

combat training center in the Nation that also trains and deploys 

combat units. 

And preparing to close here, I just want to say the defense communities that surround both Barksdale Air Force Base and Fort 

Polk and JRTC have a long proven track record of fully supporting 

these two vital military installations and they stand ready to modernize our Armed Forces to meet our Nation’s mission capabilities 

and necessary resources. Congressman Abraham has visited these 

bases with me and he has done it himself many times and he can 

attest to the same. 

And just recently at Fort Polk, the Army completed its largest 

land purchase of over 47,000 acres in an effort to provide even 

more robust training facilities and capabilities for the brigade combat team rotations. And that action was fully supported by the 

local community, enthusiastically so. 

And furthermore the State of Louisiana and our local community are finalizing an investment of $90 million to construct that I–20 

interchange into the Barksdale Air Force Base, and that will open 

up the access to the installation’s eastern reservation and relieving 

traffic congestion, paving the way for that weapon storage facility. 

Just last week, I was in Baton Rouge visiting my old colleagues at 

the Louisiana legislature and went to the hearing of the joint budget committee, and I just wanted to thank all my colleagues for their 

unanimous support for this vital project. 

And finally, I just want to thank this committee again for considering all these important priorities for our congressional district as 

you do all of these around the country, and I look forward to doing 

anything I can to support the committee’s work to provide our military with the essential resources it needs. It is a top priority for 

all of us and it should be. 

Mr. Chairman, I appreciate your leadership and truly the time 

that you all take to consider all these things, the opportunity to 

show my continued support for our men and women in uniform. 

And I yield back, thank you. 

[The prepared statement of Mr. Johnson can be found in the Appendix on page 36.] 

The CHAIRMAN. Thank you. Any questions for the gentleman 

from Louisiana? The only complaint I have, Mr. Johnson, is being 

reminded about how young you are. That was kind of a low blow, 

but other than that, I appreciate it. Thank you for being here 

today. 

Mr. JOHNSON. Yes, sir. 
11 

The CHAIRMAN. Mr. Rutherford, the floor is yours. 

STATEMENT OF HON. JOHN H. RUTHERFORD, A 

REPRESENTATIVE FROM FLORIDA 

Mr. RUTHERFORD. Chairman Thornberry and Ranking Member 

Smith and distinguished members of the committee, I want to 

thank you for the opportunity to testify on behalf of my priorities 

which are important to northeast Florida and our country in the 

fiscal year 2019 National Defense Authorization Act. 

As some of you know, Florida’s Fourth Congressional District encompasses most of Jacksonville and St. Augustine, and includes 

Naval Air Station Jacksonville, Naval Station Mayport, Marine 

Corps Blount Island Command, the Florida National Guard installations, and many industry partners, and I am proud to represent 

these men and women who contribute substantially to our national 

security. 

First, I want to thank the committee for its continued support of 

many programs that are key to the missions and growth at northeast Florida’s installations. This includes the MQ–4C Triton, the 

P–8A Poseidon, the littoral combat ships, and various shipbuilding 

and repair accounts also among others. And I urge the committee 

to continue supporting these important programs. 

However, today I would like to spend time focusing on four areas 

of importance in this year’s legislation: the E–2D Advanced Hawkeye procurement, the Air Force’s light aircraft attack aircraft, the 

littoral combat ship [LCS], and the Law Enforcement Information 

Exchange program. 

First, the E–2D Advanced Hawkeye is the Navy’s only carrierbased early warning and battle management command and control 

system. This aircraft is a key enabler of the carrier strike group 

[CSG] and provides theater air and missile defense, synthesizes information from multiple onboard and offboard sensors, makes complex tactical decisions, and disseminates actionable information to 

joint forces in a distributed open architecture environment. The 

U.S. Navy’s unfunded priorities list this year includes $340 million 

for two additional E–2D aircraft in fiscal year 2019, for a total of 

six aircraft. The additional aircraft will allow for a more efficient 

production schedule and enable early transition of E–2Cs over to 

the E–2Ds at the carrier airborne early warning [AEW] weapons 

school. 

Of operational importance, it will provide CSGs with the E–2D’s 

advanced capabilities to face rapidly evolving threats, ensuring 

that the most capable AEW aircraft is available for the defense and 

protection of U.S. and coalition forces. I want to urge the committee to support this request of six aircraft in fiscal year 2019 

along with supporting the necessary RDT&E [research, development, test, and evaluation]. 

Second, senior Air Force leadership has stated the need to procure a fleet of off-the-shelf light attack aircraft, commonly referred 

to as the OA–X program. And last year’s NDAA supported this concept of rapid procurement, as greater use of this type of aircraft 

would provide close air support [CAS] in a cost-effective way for the 

Air Force. 
12 

Using aircraft like the A–29 Super Tucano is a cheaper solution 

than having a more advanced aircraft like the F–35 carrying out 

CAS and other missions. This saves money and extends the life of 

the more expensive aircraft. The Air Force has conducted an experiment leading to the procurement decision this year, and should 

that decision be made, Congress needs to be prepared to meet that 

request. And I urge the committee to provide advanced procurement funding for the purchase of long-lead items so that this first 

delivery of the aircraft would be no later than 2020. And I believe 

the full utilization of investment in this program has the potential 

to reshape how our airmen carry out their mission. 

Third, one program I know this committee is intimately familiar 

with is littoral combat ship, which the Freedom-class ships are 

homeported at Naval Station Mayport. And I applaud the committee’s continued support of this program and for its commitment to 

rebuilding our Navy’s fleet. 

Of importance to Mayport, the President’s budget request supported the necessary LCS MILCON [military construction] at 

Mayport for its training and support facilities. I urge the committee 

to support this request, as the current alternative is actually to 

send these crews out to San Diego to be trained which is neither 

good—which is neither a good use of taxpayer money nor is it good 

for the crews. I also strongly support three more LCS in 2019 and 

a quick transition to the new frigate, as I know many on the committee do as well. 

Last, as a former sheriff, I understand the tools that can help our 

law enforcement and intelligence agencies carry out their respective missions. The Naval Criminal [Investigative] Service successfully used a capability called the Law Enforcement Information Exchange commonly referred to as LInX to address the data collection, analysis, and integration challenges that confront the defense 

intelligence and law enforcement agencies at all levels of government. 

I have seen firsthand the importance of this capability in dealing 

with high-value, disparate data in numerous law enforcement and 

intelligence agencies, and so I would like to submit report language 

for the request that LInX actually be made a congressional interest 

item to ensure it receives adequate and stable funding. 

Again, I thank all of you, Mr. Chairman, Ranking Member 

Smith, for the ability to be here to speak today. I also thank you 

on behalf of a grateful Nation for all the hard work that you all 

do in ensuring that our Nation remains the strongest and safest in 

the world. And I am always available for further discussion on 

these or any other programs of interest. And I yield back, Mr. 

Chairman. 

[The prepared statement of Mr. Rutherford can be found in the 

Appendix on page 40.] 

The CHAIRMAN. Okay. Any questions to Mr. Rutherford? Thank 

you, sir, I appreciate you being here. We will certainly take a look 

at the report language you requested. One of our challenges this 

year is we have a specified top line, and so adding in one area 

means we have got to take away from another and I think that is 

going to be a challenge for all our members this year. 
13 

But we will—I am—I know all of the other three programs you 

specifically mentioned will be a very top item for discussion, so 

thank you. 

Mr. RUTHERFORD. Thank you. 

The CHAIRMAN. I appreciate you being here. 

Mr. Schneider, thank you for being here. 

STATEMENT OF HON. BRADLEY SCOTT SCHNEIDER, A 

REPRESENTATIVE FROM ILLINOIS 

Mr. SCHNEIDER. Thank you. Thank you, Chairman Thornberry, 

Ranking Member Smith, for this opportunity to share with the 

House Armed Services Committee some key priorities for Illinois’ 

10th Congressional District. I appreciate you making the time 

today. 

My district is the proud home of many military families, Active 

Duty, reservists, and veterans. As well, Naval Station Great Lakes, 

North Chicago, through which every single new Navy recruit 

passes, is in my district and is central to our local community. We 

appreciate your work on the National Defense Authorization Act, 

which is important both for our national security and our local 

communities. 

I first respectfully request that you again include language addressing the opioid crisis. Our men and women in uniform are not 

immune from the opioid epidemic ravaging the country. In fact, the 

National Institute of Health reports rates of prescription opioid 

misuse are higher among service members than among civilians 

due to the use of these drugs to treat the symptoms of PTS [posttraumatic stress] and chronic pain. 

Last year, an amendment I offered to set continuing education 

requirements for Department of Defense doctors who prescribe 

opioids was included in the House-passed version of the NDAA. 

Unfortunately it was not included in the final bill. Including this 

provision would ensure our military doctors are up to date on the 

latest best practices in preventing overprescribing and treating 

misuse. 

Second, I urge the committee to continue to support a critical 

joint counter-tunnel defense program undertaken with our ally 

Israel. These sophisticated subterranean tunnels are a major strategic threat for Israel and are used by terrorist networks to stockpile weapons and launch deadly attacks. Sustained joint cooperation to counter those tunnels both helps protect Israel and yields 

technological benefits for American efforts to secure our own borders and in the fight against global terrorism. I urge the committee 

to again authorize this program which is appropriated for $47.5 

million in the recently passed fiscal year 2018 omnibus. 

Finally, I urge the committee to address the issue of delayed promotions for men and women serving in the United States National 

Guard. This issue was brought to my attention by a constituent 

who waited nearly a year for Federal recognition of his promotion. 

A recent poll of members by the National Guard Association of the 

United States found nearly half of respondents said it took more 

than 195 days to receive a promotion, which is longer than the 

timeline set out by the National Guard. 
14 

I ask this committee to urge the National Guard to address this 

issue to ensure promotions are granted in a more timely and efficient manner while still maintaining necessary oversight. Thank 

you for your time and consideration on these matters and I appreciate all the work you do to serve our men and women in uniform 

and to protect our Nation. Thank you. 

[The prepared statement of Mr. Schneider can be found in the 

Appendix on page 43.] 

The CHAIRMAN. Great. Any questions for Mr. Schneider? 

Thank you, sir. I appreciate it, three very important issues that 

we will take a careful look at. So, thank you for being here. 

As far as I know, there are no other witnesses. So the hearing 

stands adjourned. 

[Whereupon, at 2:40 p.m., the committee was adjourned.] 
A P P E N D I X 

APRIL 11, 2018 

PREPARED STATEMENTS SUBMITTED FOR THE RECORD 

APRIL 11, 2018 

(19) 

Statement of Steve Chabot, 

Chairman, Committee on Small Business 

Before the Committee on Armed Services of the House of Representatives 

On the FY 2019 National Defense Authorization Act 

Aprilll, 2019 

Good morning, Chairman Thornberry, Ranking Member Smith, and Members of the Committee. 

I appreciate the opportunity to testily before you on the National Defense Authorization Act for 

Fiscal Year 2019 (FYI9 NOAA). Let me begin by thanking this Committee for its longstanding 

collaboration with the Small Business Committee. I have been privileged to serve on the Small 

Business Committee for over 20 years and I've enjoyed seeing this relationship grow. My 

testimony today will address a wide range of bipartisan issues that are critical to the success of 

our national security and the health of our industrial base. 

I. Small Business Research and Development Programs: H.R. 2763 

Congressional support for the Small Business Innovation Research (SBIR) initiative was 

predicated upon the belief that, while technology-based companies under 500 employees tended 

to be highly innovative, and while innovation is essential to the economic well-being of the 

United States, these businesses were underrepresented in the awarding of government research 

and development (R&D) contracts. In order to increase participation of such entities in federal 

R&D efforts, Congress passed the Small Business Innovation Development Act in 1982, which 

established the SBIR program. The purpose of the Act was to increase government funding of 

small businesses that conduct R&D with a particular focus on technology that has high 

commercial potential. The SBIR program has been reauthorized and extended several times, 

each reauthorization making significant improvements to the SBIR program. 

Among other things, HR 2763, the bipartisan Small Business Innovation Research and Small 

Business Technology Transfer Improvements Act of2017, sponsored by Representatives Steve 

Knight and Stephanie Murphy, improves agency accountability, including several hard reporting 

deadlines for participating agencies and for the Small Business Administration (SBA) to provide 

future Congresses with better information and a greater understanding of the programs' strengths 

and weaknesses. 

Second, the legislation clarities congressional intent of the previous reauthorization to ensure 

that taxpayers reap the benefits ofthe SBIR and Small Business Technology Transfer (STTR) 

programs by tying them to long term projects at the Department of Defense (DOD). The 

legislation also statutorily requires the Secretary of Defense to set a goal to increase the number 

of Phase II contracts that lead to technology insertion into programs of record or fielded systems 

and to use incentives to encourage agency program managers and prime contractors to meet that 

goal. 

Third, in an effort to maintain the focus on the commercialization aspect of the SBIR and STTR 

programs, the legislation makes the Commercialization Readiness Program (established as a pilot 

program by Public Law 112-81) at all civilian agencies a permanent part of the SBIR program. 

Finally, the legislation extends three popular pilot programs also established by Public Law 112-

81 through FY 2022, when the full program will need a full reauthorization. One pilot provides 

authority for participating agencies to utilize 3 percent of the SBIR program for costs relating to 
20 

administrative, oversight, and contract processing activities. Another pilot allows participating 

agencies to offer a "straight to Phase II" option for small firms that have established they have 

completed the work traditionally done in Phase I of the program. The last pilot allocates a small 

portion of the STTR funding to establish Phase "Proof of Concept" grants to universities 

engaged in entrepreneurship building to create new small firms spun out of university research. 

H.R. 2763 was marked up, passed favorably, and reported by the House Small Business 

Committee and Science, Space and Technology Committee on September 14,2017. The 

legislation passed the House of Representatives on October II, 2017. 

Recognizing the imp01iancc of the SBIR and STTR programs to the health of the defense 

industrial base, the Section 809 Panel recently released a report advocating for greater utilization 

of these programs across the DOD. The Panel recognized that the innovation small businesses 

can bring to the Department, through programs like SBIR and STTR, can be harnessed to meet 

the mission goals and objectives of the Department better, faster, and at a potentially lower cost 

to the taxpayer. I believe that HR 2763 makes valuable changes to the SBIR/STTR programs to 

the benefit of the DOD, and I hope you will consider this important legislation. 

H. Cybersecurity: H.R. 4668 and H.R. 3170 

Small businesses are becoming increasingly targeted by cyber criminals due to their lack of 

resources or technical knowledge to prevent cyber attacks. Small businesses may not be able to 

obtain the information they need to properly assess and mitigate the costs of protecting their 

companies. It is also difficult for small businesses to take such precautions due to the high costs 

of hiring specialized employees or cybersecurity experts. Thus, it is important for the federal 

government and private sector to work together to combat cyber threats by providing iniormation 

technolO.b'Y education for small businesses, equipping them with the necessary tools to be 

competitive in the global economy. I respectfully ask the Committee to consider the following 

cybersecurity bills, which will protect our national security. 

I. H.R. 4668: The Small Business Advanced Cybersecurity Enhancements Act of20 17, 

sponsored by myself and Ranking Member Velazquez, encourages small businesses to 

work with the federal government by providing them additional resources. In order to 

combat small businesses' reluctance to engage with the federal government, this 

legislation encourages their collaboration by establishing Small Business Development 

Centers (SBDCs) as the primary interface for federal information sharing for small 

businesses. It ensures small businesses that share cyber indicators through SBDCs 

receive the san1e protections and exemptions provided in the Cybersecurity Information 

Sharing Act of2015, so any policies or rulemaking adopted by any federal agency as a 

result of small business cyber information sharing docs not unfairly burden small 

businesses. It also expands liability protections for small businesses that engage with the 

federal government in good faith. 

2. H.R. 3170: The bipartisan Small Business Development Center Cyber Training Act of 

2017, sponsored by myself and Representative Dwight Evans, would help SBDCs 

become better trained to assist small businesses with their cyber security and cyber 
21 

strategy needs. Specifically, it would establish a cyber counseling certification program 

in lead SBDCs to better assist small businesses with planning and implementing 

cybersecurity measures to defend against cybcr attacks. The SBA would be authorized to 

reimburse SBDCs for employee certification costs up to $350,000 per fiscal year. This 

bill utilizes existing federal resources to cover the reimbursement costs. 

H.R. 4668 and H.R. 3170 were marked up and reported by the House Small Business Committee 

with bipartisan support on March 14,2018. 

III. Contracting: H.R. 5337, H.R. 4754, and H.R. 5144 

In addition to the cybersecurity and research and development bills, I ask the Committee to 

continue including small business federal contracting provisions in the FY19 NOAA as it has 

done in past NDAAs. Over the past several years, the Small Business Committee and its 

subcommittees have held dozens of hearings on issues impacting small federal contractors. 

These hearings have focused on the alarming fact that the number of small firms registered to do 

business with the federal government continues to decline. The Section 809 Panel's most recent 

report highlights the alarming nature of this decline, stating that the DOD saw a 70 percent 

reduction in small business prime contract actions between 2011-2016 and a decline of 

approximately 100,000 small business companies registered to do business with the federal 

government since 2012. To reverse this decline and ensure that the defense industrial base 

remains robust, I ask the Committee to consider the following three bipartisan, common sense 

small business contracting bills. 

I. H.R. 5337: The Accelerated Payments for Small Businesses Act of2018 was sponsored 

by Representatives Steve Knight and Adriano Espaillat, and was cosponsored by myself 

and Ranking Member Velazquez. Reliance on a steady cash flow is critical to all small 

businesses. Faster, consistent payment allows small businesses access to working capital 

at reduced costs and promotes a small business's ability to invest and grow their business. 

Recognizing this, the Office of Management and Budget (OMB) policy directive in M11-32 established a goal that small business subcontractors would be paid on an 

accelerated timetable, within 15 days or less of receipt of a proper invoice. OMB policy 

directive in M-12-16 extended this accelerated payment directive to other-than-small 

prime contractors that subcontract with small businesses and also encouraged prime 

contractors to pay their small business subcontractors on an accelerated timetable. H.R. 

5337 utilizes language found in OMB memorandums M-11-32 and M-12-16, directing 

agencies to accelerate payment to small business prime and subcontractors to the fullest 

extent possible. This bill has received the support of the Professional Services Council 

and the National Defense Industrial Association, which includes both small and large 

contractors such as Northrup Grumman. 

2. H.R. 4754: The Change Order Transparency for Federal Contractors Act was sponsored 

by Representatives Don Bacon and AI Lawson, Jr., and cosponsored by Representatives 

Steve Knight, Stephanie Murphy, and Mike Coffman. Small contractors and 

subcontractors in the construction industry are challenged daily with the complexities of 

the bidding process and receiving payment in a timely manner for work performed. 
22 

Equitable changes to the contract, or change orders, are ubiquitous in construction 

projects and slow approval of change orders can result in delayed payment. While change 

orders wait to be definitized, a process involving negotiating the cost of the changed 

work between the contractor and agency, contractors and subcontractors must pay their 

own bills-employees, suppliers and even taxes while payments from their federal 

customers are delayed. Small businesses typically do not have enough capital and 

resources to sustain long periods of nonpayment and are dependent on a stable cash flow 

in order to stay afloat. Thus, small businesses are particularly vulnerable to any changes 

to the scope of work on a contract and corresponding delays in payments. 

Contractors and subcontractors currently lack visibility into agencies' change order 

processes prior to submitting a bid. This lack of transparency makes it difficult for 

federal contractors to prepare for the inevitable burden of change orders during the life 

cycle of the construction project. Agencies across the federal government have different 

change order procedures; some agencies are more elTective than others, and some employ 

procedures which are disastrous to small contractors. For instance, some federal agencies 

may routinely bundle all change orders for resolution at the end of a project. 

H.R. 4754 would provide prospective federal construction contractors and subcontractors 

with the agency-specific change order intonnation needed to plan their operations prior to 

submitting a bid on a contract. Contractors will also be able to better formulate their bid 

and prepare for delays in payment during the performance of the contract. Transparency 

in change order definitization processes will ultimately promote greater financial health 

for companies that work on government projects. Additionally, this measure of 

transparency may encourage agencies to improve their change order processes in order to 

attract the highest-quality contractors at competitive rates. Agencies that improve their 

internal change order processes as a result of this transparency measure may ultimately 

receive higher quality products (i.e., buildings) while saving critical taxpayer dollars. 

This bill has received support from the American Council of Engineering Companies, 

American Institute of Architects, American Society of Civil Engineers, American 

Subcontractors Association, Associated General Contractors, Association of the Wall and 

Ceiling Industry, Construction Management Association of America, Council on Federal 

Procurement of Architectural and Engineering Services, Independent Electrical 

Contractors, MAPPS, National Association of Surety Bond Producers, National Electrical 

Contractors Association, National Society of Professional Surveyors, Sheet Metal & Air 

Conditioning Contractors National Association, and the Surety & Fidelity Association of 

America. 

3. HR. 5144: The Contracting Compliance Act was sponsored by Representatives Rod 

Blum and Brad Schneider. Federal laws and regulations both require federal contractors 

to maintain an acceptable subcontracting plan if the estimated contract value exceeds a 

certain dollar threshold. These subcontracting plans include percentage goals for 

subcontracting with small business concerns, service-disabled veteran-owned small 

businesses, veteran-owned small businesses, HUBZone small businesses, socially and 

economically disadvantaged small businesses (commonly referred to as part of the 8(a) 

program), and women-owned small businesses. Failure of a business to comply in good 
23 

faith with its subcontracting plan constitutes a material breach of the contract and can 

result in the government assessing liquidated damages against the prime contractor. 15 

U.SC. 647(d)(7) requires federal agencies to ensure that they take action to ensure prime 

contractors are complying in good faith with the requirements of their subcontracting 

plans. However, the problem arises when federal agencies take little to no action in this 

regard, essentially rendering the subcontracting plan requirement and the liquidated 

damages clause functionally useless. 

In March 2018, the DOD Inspector General found two Army contracting offices did not 

take steps to adequately monitor prime contractors compliance with their subcontracting 

plans. This resulted in small businesses potentially being barred from substantial 

subcontracting opportunities, and the loss ofliquidated damages recoverable by the 

federal government. This bill takes the first step in assessing how widespread this 

problem is by requiring the Government Accountability Office (GAO) examine whether 

federal agencies, both military and civilian, are overseeing prime contractors' compliance 

with their subcontracting plans. 

I would urge this Committee to consider these important small business contracting provisions in 

order to rebuild and sustain a robust small business workforce, which is critical to maintaining a 

healthy defense industrial base. 

IV. Entrepreneurial Development: H.R. 1774 

The Small Business Committee is working to reauthorize the entrepreneurial development 

programs within the SBA through I l.R. 1774, which Ranking Member Velazquez sponsored and 

I cosponsored. The entrepreneurial development programs further the important work done by 

the House Armed Services Committee by ensuring that the SBA is effectively introducing the 

next generation of entrepreneurs to the opportunities afforded by federal procurement contracts. 

Contained within H.R. 1774, which strengthens and modernizes SBA's entrepreneurial 

resources, are three Titles. 

Title I strengthens the data collection etl'cnts ofSBDCs. Title II reauthorizes the Women's 

Business Centers program for four years at $21.75 million per year and contains accreditation 

process language to ensure uniformity among the Centers across the country. Title III 

reauthorizes the SCORE program for two years at $10.5 million per year and also requires an 

enhanced online utilization effort by the program and a requirement for a strategic plan before 

future funding increases are considered. This bill was marked up and reported by the Small 

Business Committee with bipartisan support in 2016. This measure will help to prepare small 

businesses for the opportunities available in the competitive federal marketplace and ensure a 

strong industrial base. 

V. Access to Capital: H.R. 2333, H.R. 2364, and H.R. 2056 

As the United States continues to see signs of an improved economy, the nation's small 

businesses are still confronted with a challenging lending environment that prohibits job creation 

and expansion. To address some of the access to capital issues, the Small Business Committee 
24 

worked in a bipartisan manner to develop three bills that would further create an environment for 

small businesses to flourish and grow. All three bills were marked up in Committee, reported 

with bipartisan support on July 12, 201, and agreed to by voice vote on the House floor on July 

24,2017. 

1. H.R. 2333: The Small Business Investment Opportunity Act of2017 was sponsored by 

Representative Steve Knight and cosponsored by Representatives Judy Chu and Carlos 

Curbelo. To help address the many lending roadblocks that exist for small businesses, 

the SBA offers the Small Business Investment Company (SBIC) program, which focuses 

on increasing the accessibility of venture and private equity capital available to small 

businesses. 

With the goal of growing the amount of equity capital available to small businesses, H.R. 

2333 amends the Small Business Investment Act of 1958 by increasing the Individual 

Leverage Limit from $150 million to $175 million. The Individual Leverage Limit 

stipulates how much capital can be deployed to a small business by an SBIC that has only 

one fund under management. Similar to legislation that was signed into law in 2015 that 

increased the leverage limit tor an SBJC that manages multiple funds, H.R. 2333 would 

enhance the ability of a small business to expand and create jobs. 

2. H. R. 2364: The Investing in Main Street Act of20 17 was sponsored by Rep. Judy Chu 

and cosponsored by Representatives Steve Knight and Grace Meng. To assist small 

businesses in obtaining venture capital and private equity, the SBA administers the Small 

Business Investment Company (SB!C) program. Currently, the Small Business 

Investment Act of 1958 limits the amount of capital and surplus that a financial 

institution or federal savings association may invest in an SBIC to 5 percent. 

H.R. 2364 would increase the amount of capital and surplus that a financial institution 

and federal savings association can invest in an SBIC from 5 percent to 15 percent. 

Further, H.R. 2364 would also require financial institutions and federal savings 

associations to be approved by their federal regulator prior to investing more than 5 

percent. Beyond increasing the percentage of an investment a bank can make into an 

SBlC, H.R. 2364 would brings into parity the Small Business Investment Act with the 

Office of the Comptroller of the Currency's national bank charter percentage 

requirements. 

3. H.R. 2056: The Micro loan Modernization Act of20 17 was sponsored by Representative 

Stephanie Murphy and cosponsored by a number of Small Business Committee members. 

Through the Micro loan Program, the SBA works with nonprofit lending intermediaries to 

make small dollar microloans of$50,000 or less. With an average loan in the program of 

approximately $13,500, the Microloan Program enhances a small dollar botTower's 

access to capital. 

While the Micro loan Program has been in operation since 1992, the full utilization of the 

program has always been questioned. Along with a few structural improvements to the 

program, H.R. 2056 would determine an accurate utilization of the program. 
25 

Specifically, I LR. 2056 would raise the maximum lending volume a microloan 

intermediary has at any given time rrom $5 million to $6 million. Next, the legislation 

would provide flexibility to the 25/75 Rule, which limits a micro loan intermediary to 

using 25 percent of their SBA technical assistance grants on pre-loan assistance. By 

giving intermediaries more latitude with pre-loan assistance, small business startups will 

receive more comprehensive assistance during their infancy. To delve into the question of 

program utilization, H.R. 2056 would direct the SBA to conduct a study on the usage of 

the program. Further, the legislation would require a Government Accountability Office 

study to examine the oversight of the program. 

VI. Other Considerations 

In addition to the above, I'd ask the Committee to include H.R. 5178, H.R. 2655, and H.R. 4486. 

ll.R. 5178, the Puerto Rico Contracting Assistance Act of2018, would provide solutions for 

assisting Puerto Rico with its distressed economy by promoting the use of federal contracting 

opportunities with Puerto Rican small businesses. H.R. 2655, the Small Business Innovation 

Protection Act, would help educate small businesses on domestic and international patent 

protection, and H.R. 4486 would afford payment protections to small construction contractors by 

exempting construction contracts that must be bonded under the Miller Act rrom periodic 

intlation. 

VII. Conclusion 

I know that we agree that our nation deserves a vibrant small business industrial base: It IS 

fundamental to the health of our nation as a whole. I look forward to working with this 

Committee to ensure that small businesses remain continue to provide the Department of 

Defense and the federal government with competitive solutions to support key programs. I 

would be happy to answer any questions. 
26 

Statement of the Hon. Nydia Velazquez 

Member Day 

for National Defense Authorization Act for FY2019 

Thank you, Chairman Thornberry, Ranking Member Smith, and Members of this Committee 

for allowing me to come before you today to testify on the FY20 19 National Defense 

Authorization Act. I am honored to advance bipartisan legislation that will benefit small 

businesses alongside my colleague Chairman Chabot and support all the bills in the Small 

Business Committee package equally. 1 will highlight the Democratic bills in the package as 

they touch on a wide spectrum of small business needs. 

We are all aware of the devastation last year's hurricanes caused to Puerto Rico. But one thing 

is clear- if we are to restore the quality of life in Puerto Rico, small businesses will be central 

to the equation. 

I am very proud of Puerto Rico -- not only because it is where I was born, but because of the 

resilience of its people in the face of Hurricane's devastation and longstanding economic 

challenges. An estimated 20 percent ofthe island's small businesses remain closed since Maria. 

60 percent of households' requests for federal assistance are denied. Nearly 200,000 Puerto 

Ricans have already moved to the mainland. 

That is why 1 appreciate Chairman Chabot bringing H.R. 5178, the Puerto Rico Small Business 

Contracting Assistance Act before the Small Business Committee in our March markup and 

glad to report in passed out of Committee with bipartisan approval. 

This bill takes contracting provisions from the larger package and strengthens them to target 

assistance to small Puerto Rican contractors. There is currently a relatively small number of 

federal contracts that are performed in Puerto Rico. And of the small number of federal 
27 

contracts that are performed in Puerto Rico, a substantial percentage of those contracts about 

40 percent- are perfonned by firms outside of Puerto Rico. 

In fact, the total awards to Puerto Rican small businesses declined from about $426 million in 

FY 2014 to about $342 million in FY 2015. One reason for those poor numbers is a lack of 

education and training to potential contractors. In 2016, the Federal Reserve Bank of New York 

found that 19 percent of Puerto Rican small businesses cited a need for training on federal 

government contracts. 

My bill aims to increase contracting by offering incentives like granting agencies the ability to 

double the value of contract awards to Puerto Rican small business concerns when counting 

their small business prime contracting goal. It also provides more training opportunities for 

small firms who want to participate in the federal marketplace. 

We must remember that as citizens of the United States, Puerto Ricans have fought, shed blood, 

and given their lives in nearly every major American war. We owe it to them to help build 

Puerto Rico back better than ever before. And, this bill takes one step in that direction. Another 

bill that will assist these business owners is H.R. 1774, the Developing the Next Generation of 

Small Businesses Act of 20 17. 

The SBA administers a portfolio of Entrepreneurial Development programs, including Small 

Business Development Centers, Women's Business Centers, and the Service Corps of Retired 

Executives or SCORE. These initiatives provide aspiring entrepreneurs and existing businesses 

with counseling, training, technical assistance, and mentorship. This network helps companies 

at all stages of development overcome challenges. 

The agency's network of Small Business Development Centers - or SBDCs - is one such 

program. SBDCs operate in nearly 1,000 locations across the country and harnesses local 

2 
28 

community resources. In a single year, this initiative has helped more than 13,000 

entrepreneurs launch new businesses. They have also advised nearly 200,000 clients, provided 

training sessions for over 260,000 attendees, and helped clients obtain $4.6 billion in financing. 

Clearly, SBDCs are a vital part of our nation's entrepreneurial ecosystem. 

The SBA has also undertaken efforts to connect younger entrepreneurs with more experienced 

businessmen and women through the SCORE program. SCORE has grown to become one of 

the federal government's largest volunteer business mentoring programs, with over 11,000 

business professionals at over 320 chapters nationwide. By offering advice from real world 

professionals, SCORE is helping many business owners within all categories of the 

entrepreneurial community. 

Because small business owners come from all walks oflife, the SBA has initiatives targeted at 

specific demographic groups. One of those programs is the Women's Business Centers--or 

WBCs. They provide in-depth counseling, training, and mentoring to small firms. In FY 2016, 

over 106 WBCs reached 140,000 clients and helped 700 new businesses get started. 

With respect to each of these programs, it is vital that taxpayer resources are being used wisely 

and to maximum effect. I think we can all agree that these programs offer our nation's job 

creators vital tools to help our economy grow. 

That is why Chairman Chabot and I, along with the other Members of the Small Business 

Committee, came together to author H.R. 1774. This bipartisan bill streamlines these programs 

and makes them more eftective. 

This bill amends the Small Business Act by eliminating unproven pilot programs and requiring 

clearer melrics for data collection for SBDCs. It also clarifies rules allowing for fee collection, 

marketing, and privacy requirements for SBDCs. 
29 

H.R. 1774 also reauthorizes the SCORE program for FY2018-FY2019 and ensures that the 

SCORE program and each of its chapters operates more effectively in rural areas, economically 

disadvantaged and traditionally underserved communities. They will also be required to 

develop and implement plans to use electronic and web-based initiatives and the development 

of new skills by participating volunteers. 

Even though female entrepreneurship is on the rise, there remain significant challenges, 

making WBCs even more critical. That is why this bill revises the duties of the Office of 

Women's Business Ownership to assist women entrepreneurs to start, grow, and compete in 

global markets. It also directs the SBA to establish standards for a program to accredit eligible 

entities receiving a grant to operate one or more WBCs. 

Small businesses arc the backbone of the American economy and we should provide our 

entrepreneurs with the resources they need to succeed- and that is what H.R. 1774 docs. But 

we also must encourage more innovative firms to start-up as they arc the present and future of 

job creation. 

Innovation is an indispensable element driving economic growth and ensuring America's 

competitive edge in the global marketplace. A 2016 joint report by the United States Patent 

and Trademark Office or USPTO and the Economics and Statistics Administration found that 

IP industries support an estimated 45 million jobs about 30 percent of all jobs and 

contributed over $6 trillion 38.2 percent of U.S. gross domestic product. 

Through legal protections such as copyrights, patents, and trademarks, small innovative firms 

and entrepreneurs reap extraordinary benefits. Small firms with IP rights earn 32 percent more 

in revenue, on average, per employee when compared to their counterparts without IP rights. 

4 
30 

While small fin11S make up a vast m~ority of patent holders, they are at particular risk of 

having their property pirated. Many small innovators who should have IP rights are at an acute 

disadvantage because they lack the resources, expertise, and knowledge to obtain, monitor, and 

enforce their IP rights. 

The lJSPTO reported that just 15 percent of small businesses that conduct overseas business 

understand they need to file for IP protection abroad. H.R. 2655 corrects this by creating a 

partnership between the two agencies best suited to help these innovators the SBA and the 

lJSPTO. 

By leveraging existing intellectual property education and training programs and utilizing the 

immense network of small business development centers, small business will have all the 

resources to better protect their interests both domestically and internationally. I applaud 

Representative Evans for recognizing the problem -- and working to advance the interest of 

our nation's small businesses. 

As we contemplate our country's infrastructure, we must protect the interest of the small 

businesses at the heart of building our roads and bridges. The Miller Act is a statute that was 

put in place for protection: protection for subcontractors through payment bond and protection 

for US taxpayers through perfonnance bonds. Many subcontractors and suppliers on federal 

projects are small businesses. These small businesses often find that their only avenue into the 

federal procurement arena is as subcontractors and suppliers. Surety bonds, in the form of 

payment bonds, ensure that they get properly paid, whether the general contractor on the 

project pays them or not. Such protections cannot be allowed to be compromised as a result of 

periodic adjustments for inflation. 

5 
31 

Each adjustment, which may occur every five years, in tum means that there is an increase in 

the threshold so that many more federal subcontractors and suppliers perform work on federal 

projects without the protection of payment bonds. Performance bonds protect the taxpayer 

from loss if the contractor on a federal project defaults. Periodic adjustments to address 

inflation should not be the reason to decrease the protection provided by performance bonds to 

the US taxpayers. H.R. 4486 amends 41 USC § 1908 (b )(2)(8) to provide payment protections 

afforded small businesses performing work on federal construction projects by exempting 

construction contracts that must be bonded under the Miller Act (40 USC 3131, 3132, 3133, 

and 3134) from periodic inflation. 

Congress recognized that certain protections should not be subject to this periodic adjustment. 

Specifically, Davis Bacon is excluded from the application of this periodic review to protect 

the payment of wages to laborers on federal projects. The same basis applies to excluding the 

application to surety bonds to protect payments to subcontractors and suppliers performing 

work on federal construction projects. 

After summarizing all these bipartisan bills, I strongly encourage the complete Small Business 

package's inclusion in the 2019 NDAA, including those Chairman Chabot highlighted today. 

I want to thank you all again for allowing me to testify and I urge the inclusion of all bills 

presented to the House Armed Services Committee to bolster the presence and economic health 

of our country's small businesses. 

6 
32 

Testimony for Rep. Kihuen (NV-04) 

Chairman Thornberry, Ranking Member Smith and my colleagues on the Armed Services Committee, I 

want to thank you for giving me the opportunity to come before the committee to discuss the vital role 

military installations in Nevada's Fourth Congressional District play in protecting our national security. 

Members of the Committee, I want to begin with Nellis Air Force Base, in the Las Vegas Valley, and the 

adjacent Nevada Test and Training Range. Nellis is known as the home of the Thunderbirds, which 

showcases the remarkable skills of our nation's most highly-trained military pilots, and whose pilots 

consider themselves "America's Ambassadors in Blue." If I may have a moment of personal privilege, I'd 

like to recognize Maj. Stephen Del Bagno, a Thunderbird pilot who was killed on April 4, 2018 during a 

training exercise. 

Nellis' mission goes far beyond the Thunderbirds, and it is also the home to the U.S. Air Force Warfare 

Center, the largest and most demanding advanced air combat training mission in the world. Aircraft 

from Nellis operate on the Nevada Test and Training Range, which offers more than 15,000 square miles 

of airspace and 4, 700 square miles of restricted land. More than 75 percent of all live munitions used by 

the Air Force for training are dropped on the Nevada Test and Training Range. 

Nellis employs 11,000 military and 3,700 civilians, making it one of the largest employers in the state. 

When family members and retirees are included, the total military population swells to more than 

40,000. In total, the Nellis Complex has an economic impact of over $5.5 billion annually. 

Nellis Air Force Base is also home to RED FLAG, the premiere military training exercise in the world. RED 

FLAG was created to provide the US and our allies combat training in a realistic, but safe environment. 

RED FLAG brings together units with diverse missions ranging from air interdiction, combat search and 

rescue, close air support, dynamic targeting and defensive counter air, and pits them against other units 

who are specially trained to replicate the tactics and techniques of potential adversaries. As a result of 

this type of training, during the 2017 RED FLAG exercises, the F-35 scored an impressive 20-1 kill ratio. 

Over the years, RED FLAG has provided training for more than 440,000 military personnel, including 

more than 145,000 aircrew members flying more than 385,000 sorties and logging more than 660,000 

hours of flying time. During RED FLAG operations, the forces amassed at Nellis Air Force Base combine 

to constitute the fourth largest air force in the world. 

Nevada's Fourth Congressional District is also home to Creech Air Force Base, which is most famous as 

the Command and Control facility for remotely piloted aircraft systems flying missions across the globe. 

From its base in Nevada's Fourth Congressional District, airmen at Creech fly 70 to 75 percent of the 

unmanned aircraft combat operations around the world, 24 hours a day, 7 days a week. 

Finally, I would like to recognize the importance of the Hawthorne Army Depot in Hawthorne, Nevada. 

The Hawthorne Army Depot receives, stores and issues conventional munitions; demilitarizes and 

disposes of unserviceable, obsolete and surplus munitions; and maintains serviceability through 

inspection and renovation to ensure munitions readiness in support of Joint Forces. If you visit the 

Hawthorne Army Depot, which I recently did, you will see thousands of munitions storage structures 

dotting the Nevada desert. These facilities are used to ship thousands of tons of munitions per year to 
33 

the Warfighter and receive thousands of tons of munitions per year for disposal. In addition, Hawthorne 

is home to a detachment of the Naval Undersea Warfare Center. 

The Fourth Congressional District in Nevada plays an essential role in protecting our national security 

and supporting our military. That is why I am asking that you continue to authorize operations that 

occur at Nellis, Creech, the Nevada Test and Training Range as well as the Hawthorne Army Depot as 

part of the NDAA so that Nevada can continue to lead the way in conducting vital missions all around 

the globe. I want to thank you for your time in letting me come before the committee. 
34 

DANIEl_ M DONOVAN, JR. 

UNITED STATES 

HOUSE OF 

Aprilll,2018 

Thank you f(>r the opportunity to testify today. 

Mr. Chairman, I am requesting an amendment to the National Defense Authorization Act to 

require the Pentagon to propose a legal definition of cyber warfare. 

No matter how much technology has changed, from the days of ancient Greek and Roman 

warfare till now, we have thought of war as involving weapons and the use of physical torcc. In 

modem times, we have a large body of both US aud international law that defines and governs 

war. 

But for the past several decades we've faced a threat that still does not have a legal definition: 

cyber warfare. Cyber war docs not fit within the traditional confines of how we conceive of 

warfare. While we have a Cyber Command that is tasked with protecting US Cyberspace, we do 

not have definition detailing under what circumstances a cyber-attack is considered an act 

of war. That why I am requesting an amendment that will require the forn1 a working 

group to propose a legal definition, report back to Congress, and make the known to the 

public. 

We currently do not know when a cyber-attack is an act of war. If North Korea were to bomb a 

hospital, that would undoubtedly be considered an act of war under both US and international 

legal standards. But if North Korea were to launch a cyber-attack on a hospital and was able to 

shut it down or alter patient records ... there is nothing that defmes this as an act of war. 

Cyber hacking is rampant; the White House just released a report that cyber-crimc cost the US 

economy an estimated 57 to 106 billion doUars in 2016 alone. If an enemy causes between 57 

and 106 billion dollars' wmihof damage from bombing US soil, rest assured, we would be at 

war right now. North Korea is one of the biggest perpetrators of cybcr hacking; China, Iran, and 

Russia are also well-known for engaging in this practice. Critical infrastructure, sensitive 

technological secrets, and Americans' private infonnation are all at risk. 

Cyber attacks continue to develop, but they are ot a new, technology. For the sake of 

our national security, we are long past due a legal definition allow us to confront the 

enemy. legally defining cyber warfare, we let our enemies know that this is an issue we 

are to take seriously. lt is time to change that. By creating a definition of when cybcrattaeks are an act of war, we will create a strong deterrent and stop other nation states from 

engaging in this practice against the United States. 
35 

My amendment will stmt the process of the US creating a legal framework for when an cyherattack is an act of war. 1 sincerely and respectfully request that the Committee consider my 

mnendment. 

Mr. Chaim1an, 1 also testify before you today seeking equity for the constituents 1 represent on 

Staten Island. 

As you may know, the Post-9/11 GI Bill grants housing assistance to veterm1s attending college 

through the military's "Basic Allowance for Housing" program. This assistance is hased on the 

rental and utility costs of the Military Housing Area in which these veterans live. Cun·ently, New 

York City is separated into two zones: one tbr Manhattan, Queens, Brooklyn, attd the Bronx; and 

another for Staten Island. 

Although census data shows Staten Islm1d's median gross rent is within $50 ofBrooklyn's, and 

$100 higher than the Bronx, the formula still grants Bronx students up to $1,335 more than 

Staten Island students. 

It is alam1ing that these hardworking military families in my hometown have near-identical cost· 

of-living expenses, yet they do 110l receive the same allowance as BAH recipients who attend 

schools in the other four boroughs. The result is that Staten Island's three institutions ofhigher 

learning cannot recruit student-veterans to their campuses because of the thousands upon 

thousands of dollars in reduced assistance it would mean thr the student. 

I litmly believe that the most equitable and common-sense solution is to have only one Military 

Housing Area for all of New York City, My amendment would require DOD to merge Staten 

Island's Military Housing Area with the rest of New York City to create one Military Housing 

Area for all of New York City. 

Again, thank yon very much for this opporttmity to testify. 1 sincerely and respectfully rL'(jUCst 

that the Committee consider my amendment. 

Daniel M. Donovan, Jr. 
36 

Testimony of Congressman Mike Johnson (LA-04) 

Submitted to the House Armed Services Committee 

Aprilll, 2018 

Thank you, Chairman Thornberry, Ranking Member Smith and members of the 

committee. I sincerely appreciate you giving me the opportunity to return to provide input 

during the committee's "member day" hearing for the Fiscal Year 2019 National Defense 

Authorization Act (NOAA). 

I have the distinct honor of representing a congressional district that is home to 

two vital military installations for our nation and national security interests around the 

world- Fort Polk and Barksdale Air Force Base. As I'm sure you know, Fort Polk is 

home to the Army Joint Readiness Training Center and Barksdale is home to the Air 

Force Global Strike Command. As is evident with the increased actions ofNorth Korea, 

we live in highly uncertain and incredibly complex time, further highlighting the 

importance of these two bases and our military readiness to be fully prepared to combat 

any threat from overseas. 

In keeping to today's time constraints, I will focus primarily on two areas I think 

are in essential need of attention by the committee and Congress- modernizing our U.S. 

Nuclear Enterprise and ensuring U.S. Anny capabilities are fully equipped for necessary 

training exercises. 

Before I begin, I would like to respectfully thank this Committee for working 

closely with me last year while crafting the Fiscal Year 2018 NDAA to begin the process 

ofre-engineering and modernizing the B-52 bombers at Barksdale Air Force Base. This 
37 

much needed makeover will extend the life of the B-52's into the 2050s, improve range 

and fuel efficiency, and lower maintenance costs. I would also like to relay my thanks for 

the continued support of Fort Polk from this Committee in recognition of their vital 

importance to accomplishing its missions and military readiness. 

Nuclear EnterpriseToday I would briefly like to speak to nuclear weapons as they continue to play an 

integral role in the strategies of Russia, North Korea, Pakistan, India and China. In fact, 

according to many reports, and as evidenced from recent aggressive actions, these 

countries are increasing their reliance on, and modemizing, their capabilities whether it 

be in their land, air or sea-based nuclear forces. 

I believe that if this Congress is going to be serious about rebuilding our nuclear 

infrastructure, it must continue to express support for the long-term commitment of 

Barksdale Air Force Base and for the majority of the Nuclear Triad. I applaud the 

decision by the U.S. Air Force to include the new gate at the 1-20- 1-220 interchange 

into Barksdale Air Force Base on their unfunded priority list. This project must be 

completed to pave the way for construction of the Weapons Storage Area, which is 

currently scheduled to begin construction in Fiscal Year 2020. The new Weapons Storage 

Area is absolutely vital to our nuclear enterprise as it will support the overall activities 

Global Strike Command oversees and its necessary involvement in a wide array of 

strategic deterrence. As members of this committee, you are well aware how the Bomber 

Command, 8th Air Force in charge of our aging fleet and Missile Command, and 20' 11 Air 
38 

Force in charge of the United States Intercontinental Ballistic Missiles (ICBM's), are 

critical to deterrence and global strategy. 

Ground Capabilities -

In any event that maintaining a capable and robust nuclear option does not suffice 

as a deterrent from war, it is imperative that we also have a capable and ready ground 

force. As this committee and Congress has presented a path fmward to rebuilding our 

force structure, the need for modernizing our ground capabilities is certainly prevalent to 

ensure full mission readiness. As a proud member who represents one of two, unit 

training centers in the United States, Fort Polk Army Base and the Joint Readiness 

Training Center, it's crucial to highlight how the Anny has continued to solidify its 

footprint with a state of the art Joint Readiness Training Center (JRTC). As Fort Polk 

JRTC provides invaluable training for Advise and Assist roles and provides soldiers with 

the training and flexibility necessary to carry out the demands placed on them to achieve 

victory, it also partners with our close allies in collaborative joint exercises to prepare for 

the unique situations and challenges a unit may face while deployed. 

As we work to regrow our ground forces, and since Fort Polk remains a national 

asset, we should invest into the JRTC infrastructure to replace the existing Joint 

Operations Center (JOC). As the current JOC was first built in 1976, it is in need of 

serious modernization as it is unable to offer sensitive training scenarios above the 

SECRET level due to the outdated infi·astructure. Authorizing a new JOC at Fort Polk 

will allow the JRTC to replicate scenarios that are sensitive in nature but offer invaluable 
39 

training to fully prepare for any challenges ahead as it is the only Combat Training 

Center in the nation that also trains and deploys combat units. 

The defense communities that surround both Barksdale Air Force Base and Fort 

Polk JRTC, have a long proven track record offully supporting these two vital military 

installations and stand ready to modernize our armed forces to meet our nations mission 

capabilities and necessary resources. Just recently, the Army completed its largest landpurchase of over 4 7,000 acres in an effort to provide even more robust training 

capabilities for Brigade Combat Team rotations an action that was fully supported by 

the local community. Furthermore, the State of Louisiana and our local community are 

finalizing an investment of$90 million to construct a 1-20- 1-220 interchange to 

Barksdale Air Force Base to open access to the installation's eastern reservation, and 

relieving traffic congestion to pave the way for the construction of the Weapons Storage 

Area. 

Again, I want to thank Chairman Thornberry, Ranking Member Smith, and 

members of this committee for taking in these important priorities for my congressional 

district. I look forward to doing everything I can to support the committee's work to 

provide our military with the essential resources it needs. 

Mr. Chairman, I appreciate this opportunity to show my continued support for our 

men and women in uniform, and I yield back. 
40 

Congressman John Rutherford (FL-04) Testimony 

House Armed Services Committee 

April II, 2018 

Chairman Thornben·y, Ranking Member Smith, distinguished members of the Committee~ 

thank you for the opportunity to testifY on behalf of my priorities for the Fiscal Year 2019 

National Defense Authorization Act. 

As some of you know, Florida's 4'h Congressional District encompasses most of Jacksonville 

and St. Augustine and includes Naval Air Station Jacksonville, Naval Station Mayport, Marine 

Corps Blount Island Command, Florida National Guard installations, and many industry 

partners. I am proud to represent these men and women, who contribute substantially to our 

national security, in Congress. 

First, l would like to thank the Committee for its continued support of many programs that are 

key to the missions and growth at Northeast Florida's installations. This includes the MQ-4C 

Triton, P-8A Poseidon, the Littoral Combat Ship, and various Shipbuilding and Repair accounts, 

among others. I urge the Committee to continue supporting these important programs. 

However, today I would like to spend this time focusing on four areas of importance in this 

year's legislation~ E-20 Advanced Hawkeye procurement, the Air Force's Light Attack 

Aircraft, the Littoral Combat Ship, and the Law Enforcement Information Exchange program. 

First, the E-20 Advanced Hawkeye is the Navy's only carrier-based Airborne Early Warning 

and battle Management Command and Control System. This aircraft is a key enabler of the 

Can·ier Strike Group and provides theater air and missile defense, synthesizes information t!·om 

multiple on board and ofl~board sensors, makes complex tactical decisions, and disseminates 

actionable information to Joint Forces in a distributed, open-architecture environment. The U.S. 

Navy's Unfunded Priorities List this year includes $340 million for two additional E-20 aircraft 

in FY20 19, for a total of 6 aircraft. The additional aircraft will allow for a more efficient 

production schedule and enable early transition of E-2Cs to E-2Ds at the Carrier Airborne Early 

Warning Weapons School. Of operational importance, it will provide CSGs with the E-2Ds 

advanced capabilities to pace rapidly evolving threats, ensuring that the most capable AEW 

aircraft is available for the defense and protection of U.S. and Coalition forces. I urge the 

Committee to support this request of 6 aircraft in FY20 19, along with supporting the necessary 

RDT&E. 

Second, senior Air Force leadership has stated the need to procure a fleet of off-the-shelf, light 

attack aircraft, commonly referred to as the OA-X program. Last year's NOAA supported this 

concept of a rapid procurement, as greater usc of this type of aircraft would provide close air 

support in a cost-effective way tor the Air Force. Using aircratl, like the A-29 Super Tucano, is 

a cheaper solution than having more advanced aircraft, like the F-35, carrying out CAS and other 

missions. This saves money and extends the life of more expensive aircraft. The Air Force is 
41 

conducting an experiment leading to a procurement decision this year, and should that decision 

be made, Congress needs to be prepared to meet that request. I urge the Committee to provide 

Advanced Procurement funding for the purchase of long-lead items so that the first delivery of 

the aircraft will be no later than 2020. I believe the full utilization and investment in this 

program has the potential to reshape how our airmen carry out its mission. 

Third, one program I know this Committee is intimately familiar with is the Littoral Combat 

Ship, whose Freedom class ships are homeported at Naval Station Mayport. 1 applaud the 

Committee's continued support of this program and for its commitment to rebuilding our Navy's 

fleet. Of importance to Mayport, the President's Budget Request supported the necessary LCS 

MILCON at Mayport for its Training and Support facilities. I urge the Committee to support this 

request as the current alternative is training these crews out in San Diego, which is neither a good 

use of taxpayer money nor is it good for the crews. I also strongly support three more LCS in 

FY2019 and a quick transition to the new frigate, as I know many on this Committee do. 

Lastly, as a former sheriff, I understand the tools that can help our law enforcement and 

intelligence agencies carry out their respective missions. The Naval Criminallnvestigative 

Service has successfully used a capability called the Law Enforcement Information Exchange, 

commonly referred to as Lin X, to address the data collection, analysis, and integration 

challenges that confront the defense intelligence and law enforcement agencies at all levels of 

government. I have seen firsthand how important this capability is in dealing with high-volume 

disparate data in numerous law enforcement and intelligence agencies, so I would like to submit 

report language for the record that requests LlnX be made a congressional interest item to ensure 

it receives adequate and stable funding. 

Again, thank you all for this opportunity and time to speak today. I also say thank you on behalf 

of a grateful nation for all the hard work you do in ensuring our nation remains the strongest and 

safest in the world. I am always available lor further discussion on these or other programs of 

interest. I yield back. 
42 

Propose Report Language on Item of Special Interest 

Law Enforcement Information Exchange (LinX) 

The hudget request includes $706.6 million in Operation and Maintenance, Navy for 

Investigative and Security Services, of which $7.7 million would provide an analytical tool for 

the Naval Criminal Investigative Service (NCIS) advanced integration and analysis of highvolumes of disparate data. The committee is aware that for nearly I 0 years the NCIS has 

successfully used a capability called the Law Enforcement Information Exchange (LinX) to 

address the data collection, analysis, and integration challenges that confront the defense 

intelligence and law enforcement agencies at all levels of government. Most recently, the Linx 

program has added investigator friendly analysis tools to more rapidly survey, evaluate, and 

develop insights fi·mn the large and growing number of data sources. Massive amounts of data 

existing in an ever-increasing variety of open or watTantable formats - everything from 

documents and narrative reports to emails, blogs, and text messages - are sources of raw 

information that, when rapidly and reliably analyzed, provides actionable intelligence for 

military and law enforcement agencies. NCIS and other agencies' use ofLinX has proven its 

capability and capacity to deal with high-volume disparate data in numerous law enforcement 

and intelligence cases. 

Given the NCIS's record of success with this intelligence and law enforcement capability, the 

committee is concerned that this program receives adequate and stable funding to ensure its 

continuous operational availability to investigators and analysts of other agencies. Accordingly, 

the committee designates the NCIS's LlnX program as a congressional interest item. The 

committee further directs that the Director, NCIS, or designee, not later than August 15, 2018, 

provide an update briefing addressing the LinX program and the Navy's utilization, program 

performance, plans for expanding its use, and eftorts to share the NCIS's experience with the 

program with other intelligence and law enforcement agencies. 
43 

Brad Schneider- 4/11/2018 -Page 1 of S 

HASC Member Day 2018 

Thank you Chairman Thornberry and Ranking 

Member Smith for this opportunity to share with the 

House Armed Services Committee some key 

priorities from Illinois's Tenth Congressional 

District. 

My district is the proud home of many military 

families, active duty, reservists and veterans. As 

well, Naval Station Great Lakes in North Chicago, 

through which every new Navy recruit passes, is in 

my district and is central to our local community. 

We appreciate your work on the annual National 
44 

Brad Schneider- 4/11/2018 -Page 2 of 5 

Defense Authorization Act, which is important both 

for our national security and local communities. 

I first respectfully request that you again include 

language addressing the opioid crisis. Our men and 

women in uniform are not immune from the opioid 

epidemic ravaging the country. In fact, the National 

Institute of Health reports rates of prescription 

opioid misuse are higher among service members 

than among civilians due to the use of these drugs to 

treat the symptoms of PTSD and chronic pain 

Last year, an amendment I offered to set continuing 

education requirements for Department of Defense 

doctors who prescribe opioids was included in the 
45 

Brad Schneider- 4/11/2018 -Page 3 of 5 

House-passed version of the NDAA. Unfortunately, 

it was not included in the final bill. Including this 

provision would ensure our military doctors are upto-date on the latest best practices in preventing 

overprescribing and treating misuse. 

Second, I urge the committee to continue to support 

a critical joint counter-tunnel defense program 

undertaken with our ally Israel. These sophisticated 

subterranean tunnels are a major strategic threat for 

Israel, and are used by terrorist networks to stockpile 

weapons and launch deadly attacks. 

Sustained joint cooperation to counter these tunnels 

both helps protect Israel and yields technological 
46 

Brad Schneider- 4/11/2018 -Page 4 of 5 

benefits for American efforts to secure our own 

borders and in the fight against global terrorism. I 

urge the Committee to again authorize the program, 

which was appropriated $4 7.5 million in the recently 

passed FY 18 omnibus. 

Finally, I urge the Committee to address the issue of 

delayed promotions for men and women serving in 

the U.S. National Guard. This issue was brought to 

my attention by a constituent who waited nearly a 

year for federal recognition of their promotion. A 

recent poll of members by the National Guard 

Association of the U.S. found nearly half of 

respondents said it took more than 195 days to 
47 

Brad Schneider- 4/11/2018 -PageS of S 

receive a promotion, which is longer than the 

time line set out by the National Guard. I ask the 

Committee to urge the National Guard to address 

this issue to ensure promotions are granted in a more 

efficient manner, while still maintaining necessary 

oversight. Thank you for your time and 

consideration of these matters. 

DOCUMENTS SUBMITTED FOR THE RECORD 

APRIL 11, 2018 

(51) 

The Honorable Mac Thornberry 

Chairman 

Committee on Armed Services 

U.S. House of Representatives 

Washington, DC 20515 

April6, 2018 

The Honorable Adam Smith 

Ranking Member 

Committee on Armed Services 

U.S. House of Representatives 

Washington, DC 20515 

Dear Chairman Thornberry and Ranking Member Smith: 

As you work to draft the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 

2019, we urge you to include report language on the need to authorize additional visas for the 

Afghan Special Immigrant Visa (SIV) program. The President's FY19 budget request included 

funding for 4,000 visas and your committee included similar language in the report 

accompanying H.R. 2810, the National Defense Authori7J>tion Act for FY18. 

Specifi.cally, we request the inclusion of the following report language: 

The Committee notes the importance Special Immigrant Visa (SJV) 

and understands the critical role our wartime partners play in assisting the 

mission and United States Armed Forces in Afghanistan. Failing to 

authorize additional visas would leave in serious danger far 

many additional months beyond current processing times sometimes exceeding one year. 

This exposes these individuals and their families to attack, kidnapping, and death The 

continuation of this program is critical. 

In previous years, Congress has used the NDAA to demonstrate its steadfast support for our 

allies, while assuring others across the globe that the United States will stand by its commitments 

in future missions. We respectfully urge you to continue this support by recognizing the sacrifice 

of our Afghan allies and including this language in your bill. 

Thank you for your thoughtful consideration of this request and for your leadership on the 

Armed Services Committees. 

Earl Blumenauer 

Member of Congress 

Sincerely, 

Adam Kinzinger 

Member of Congress 
52 

Testimony on National Defense Priorities 

Thank you Chairman ThornbetTy and Ranking Member Smith for providing this opportunity to 

provide testimony essential to lllinois' 17th Congressional District. 

As you prepare the National Defense Authorization Act for Fiscal Year 2019, I want to draw 

your attention to three key issues: 

• Relief for the widows and widowers of our serviccmembers killed in action; 

• The need to continue critical upgrades to the Air National Guard's fleet ofC-130ll 

aircraft; and 

• The impottance of keeping the Rock Island Arsenal strong and suppmiing advanced 

manufacturing. 

In October 2016, Sergeant Douglas J. Riney of Fairview, Illinois, was killed in action in 

Afghanistan. His wife Kiley and her two young children were living in Texas where Sgt. Riney 

was assigned before his deployment. In a time of heartbreak, Kiley decided the family would 

move back to Illinois as they mourned his loss and adjusted to life without him. She knew that 

was the right choice for her family, but doing so meant paying costly fees to her landlord to 

cancel their lease early. 

We should do everything we can to make life easier for families who've lost a loved one in 

military service. These families have made the ultimate sacrifice, and they deserve our suppoli. 

The last thing they need is to be punished lor having such a drastic change in their lives. 

Through the Servicemembers Civil Relief Act, Congress protected servicemembers from lease 

tennination fees when they deploy or receive a permanent change of station. We should extend 

these same protections to widows and widowers when they lose their spouse in military service. I 

ask that you use this year's National Defense Authorization Act as the opportunity to ensure that 

these families are protected in their time of need. 

Next, I want to commend the Committee's work to support critical upgrades to our nation's fleet 

of C-130H aircraft like those flown by the 182"d Airlift Wing of Peoria, Illinois. As you know, 

these aircraft are critical to the Air National Guard's mission at home and overseas. As you craft 

this year's bill, 1 ask that you continue your work to accelerate the modemization of these 

aircraft, including upgrades to their avionics, engines and propellers. 

Finally, I hope you will use this year's bill to help ensure !bat adequate work is given to our 

nation's Army arsenals to keep their workers' skills shmp and maintain readiness. Sufficient 

workload is critical to ensuring our arsenals can continue supporting our warfighters for years to 

come. 
53 

I am proud to represent the Rock Island Arsenal in Congress. Located on the Mississippi River 

between Illinois and Iowa, the Rock Island Arsenal has been one of our nation's vital military 

assets and an integral part of the Quad-City region's economy since the Civil War. 

In addition to several critical commands, Rock Island is home to the Joint Manufacturing and 

Technology Center (JMTC) . .JMTC is the only remaining foundry within the Department of the 

Am1y. In 2013, it was nan1ed a Center ofindustrial and Technical Excellence for foundry 

operations. As such, it is unique within the Department of Defense, with the equipment and 

skilled workforce capable of taking raw material and transfonning it into equipment that can help 

protect our soldiers across the world. In an unpredictable intemational environment, keeping this 

capability within the Department ofDetlmse is critical. It allows our armed services to adapt to 

changing needs and emerging conflicts quickly, 

In order to make that capability as strong as possible, we must ensure that Rock Island Arsenal 

and other industrial facilities within the Department of Defense have the necessary workload to 

maintain critical capabilities and hone new ones. In this year's National Defense Authorization 

Act, I ask you to include policies that will support that workload and give these facilities the 

flexibility they need to succeed. As a nation, we cannot aftord to let the wmkforce's critical 

manufacturing skills decline or disappear. The Rock Island Arsenal has been there for our 

fighting men and women in tmifonn and I am committed to making sure this always remains the 

case. 

Additionally, in recent years, the Army has been taking deliberate steps to implement advanced 

manufacturing techniques across the organic industrial base. To supp01t this work, I ask that the 

Committee include language requiring the Secretary of the Army to establish a Center of 

Excellence for Advanced Manufacturing. Creating such a Center of Excellence at an Army 

arsenal would help bring together existing knowledge across the Department of Defense's 

workforce, in the private sector and at institutions of higher learning to ensure that the Atmy's 

efforts to integrate advanced manufactming capabilities arc of the highest possible benefit to the 

warfighter. 

Thank you again for this opportunity and for your consideration. !look forward to working with 

you to suppmt our militmy families, the 182"d Airlift Wing of the Illinois Air National Guard and 

Rock Island Arsenal. 

Cheri Bustos 

Member of Congress 
54 

The Honorable Mae Thornberry 

Chairman 

Armed Services Committee 

2216 Rayburn HOB 

Washington, DC 20515 

The Honorable Adam Smith 

Ranking Member 

Armed Services Committee 

2216 Rayburn HOB 

Washington, DC 20515 

April 6, 2018 

RE: Support the Health of our Special Operators in the FY19 National Defense Authorization 

Act 

Dear Chaim1an Thornberry and Ranking Member Smith, 

As co-chairs of the Congressional Special Operations Forces Caucus, thank you for the 

opportunity to highlight an important provision we would like to see included in the FY 2019 

(FY19) National Defense Authorization Act (NDAA). 

As we are faced with an increased need for rapid response to emerging threats that often 

require unconventional warfare, we have relied heavily on our special operators to be an essential 

part of our national security strategy. This special force ha.~ become an agile and effective global 

force for good. They carry out diverse and complicated missions that are central to the defense of 

the nation, including unconventional warfare, foreign internal defense, special reconnaissance, 

direct action, counter-terrorism and much more. As we know, their missions are often secret, so 

our neighbors likely will never know the extent of the bravery of our Special Operations Forces. 

Because of the tremendous sacrifices made by these quiet professionals to protect our homeland, 

we must be vigilant in our support to protect their health and wellbeing. 

As we have seen over the years, the Department of Defense has teamed with medical 

researchers to help develop innovative ways to treat and cure diseases that impact the military 

community. It is our understanding that the U.S. Special Operations Command (SOCOM) is 

working with the Oncology Research lnfornmtion Exchange Network (ORIEN) to track the health 

status of special operators with the goals of enhancing readiness and the overall health of 

servicemembers. The ORrEN consortium includes the John P. Murtha Cancer Center at Walter 

Reed National Military Medical Center, which we have been told is serving as the coordinating 

center for this partnersrup. 

The ORrEN consortium includes 17 academic medical centers that are united behind the 

idea that collaboration and access to data are the keys to cancer discovery. These member 

organizations have established a standard system to track patient molecular, clinical and 

epidemiological data and follow these cancer patients throughout their lifetime, with patient 

consent. The long-term surveillance of these patients will allow for lifetime consent, access to 
55 

clinical outcomes data and genomic sequencing oftmnors. We understand that as of January 20!8, 

nearly 200,000 patients have enrolled into this protocol, which will find the cutes and 

treatments of tomorrow. This of protocol not only will help our operators receive 

n<><r.nMli7e<i cancer treatments to them to more quickly recover retmn to duty, it could 

help provide a framework for SOCOM to address other unique medical needs of our 

warfighters. 

We are respectfully requesting that the repmt language below be included in the FY19 

NDAA to show support for this partnership for the betterment of our special operators. It is our 

understanding that House Anned Services Committee members Reps. Stephanie Murphy, Matt 

Gaetz, Austin Scott and Mo Brooks have submitted thls request as well. 

"The Committee commends the eftorts of the United States Special Operations Command 

to develop an information system to track the health status of Special Operations Forces 

personnel with the goal of proactively identifying, studying and mitigating risk. This effort 

is a cooperative endeavor involving the John P. Murtha Cancer Center of the Uniformed 

Services University of the Health Sciences and at Walter Reed National Military Medical 

Center, the Assistant Secretary of Defense (Health Affairs), and the Oncology Research 

Information Exchange Network ·- a network of major academic centers (!hat includes the 

Murtha Center} which has developed a uniform protocol for long-term patient surveillance. 

The Committee encourages the Assistant Secretary of Defense (Health Affairs) to continue 

to assist the United States Special Operations Command in adapting this protocol for use 

in addressing risk and improving the overall health of military populations." 

Thank you tor your strong continuing 

and for your consideration of this language to 

Scott Peters 

Member of Congress 

Sincerely, 
56 

Congressman Rick Crawford 

Testimony before the House Armed Services Committee: 

EOD Priorities on NDAA for FY2019 

Good moming Chairman Thornberry, Ranking Member Smith, and distinguished 

members of the Committee. I am here to testify before the Committee regarding Explosive 

Ordnance Disposal (EOD) priorities on the National Defense Authorization Act (NOAA) for 

Fiscal Year (FY) 2019. I served in the Army as an EOD technician and I am proud to be a cochair of the House EOD Caucus along with Members Susan Davis, Brian Mast, and Tim Walz. 

EOD units comprise a small force that provides a vital capability to protect America's 

safety and security. They are critical enablers for combatant commanders and they provide daily 

defense support of civil authorities. They deploy to support overseas contingency operations, 

and upon return to their home station, they are responding to unexploded ordnance on and off 

their installations: protecting the Commander in Chief and critical infrastructure from 

bombings, assisting public safety authorities with rendering safe improvised explosive devices; 

as well as providing trained and ready forces to render-safe chemical, biological, and nuclear 

weapons. It is noteworthy that Senate Armed Services Committee Member Senator Claire 

McCaskill has recently inquired on the Army's capacity for conducting chemical, biological, 

radiological, nuclear, and high-explosive operations both at home and abroad. This is timely 

given the Army's recent reduction of33 percent (about I ,073 Active Component EOD qualified 

Soldiers) of their EOD force, the Army's sole capability to neutralize, disable, dismantle, 

render-safe the nuclear, chemical, biological, and high-yield explosive warheads of 

manufactured and improvised weapon systems. 

The first priority for the Caucus is to re-engage on EOD acquisition reform put forth by 

Ms. Davis in the NOAA for FY2016. At that time the Department of Defense (DoD) requested 

time to study the issue and brief a plan to Congress on their way ahead. As of today, we still have 

not received a plan. Therefore, the Caucus urges the Committee to work with your Senate 

colleagues to establish an EOD defense program that is truly a joint EOD Research, Development 

and Acquisition (RDA) program that conducts under the supervision of the Assistant Secretary of 

Defense for Nuclear, Chemical, and Biological Defense Programs. Additionally, it should include 

a defense-wide progran1 element on EOD RDA managed by the Director of the Defense Threat 

Reduction Agency and performed by a Joint Program Executive Officer for EOD, that works joint 

requirements and joint programs who are responsive to the needs of combatant commanders on 

EOD resource requirements and capability. 

The second priority for the Caucus is establishing the EOD Intelligence Program within 

the DoD with oversight provided by the Under Secretary of Defense for Intelligence, and a 

program of record managed by the Director of the Delense Intelligence Agency, a combat support 

agency. Our capability for EOD intelligence on advanced weapon systems of near-peer 

competitors has atrophied since September 2001. We must emphasize close, continuous 

coordination and sharing of information at all levels of security classification and special handling 

instructions between the Intelligence Community and the military departments. This will help to 

ensure the United States does not suffer strategic surprise from novel ordnance or weapons 

systems. We are increasingly seeing advanced weaponry used by surrogate forces throughout the 
57 

world, and we must be prepared to collect, exploit, counter, and provide attribution of these 

weapons systems, 

The third priority for the Caucus is authorizing a pilot program on enhancing bomb squad 

capability in support of border security operations, The Caucus is working with the Homeland 

Security Committee on this effort, Briefly, it will examine the electromagnetic spectrum to 

identity the optimum spectrum(s) for bomb squads to operate: unmanned vehicles and platforms, 

such as robotic systems and drones; operate bomb squad cyber and communications equipment, 

including long haul secure communications to reach-back sanctuary; and operate bomb squad 

jamming equipment to counter improvised explosive devices, We need to coordinate spectrum 

resources to better facilitate interoperability and interagency cooperation on military EOD and 

public safety bomb squad efforts near or at the United States border, 

The fourth priority tor the Caucus is authorizing a pilot program on Active Guard Reserve 

EOD qualified soldiers for the Anny National Guard's planning and immediate response defense 

support to civil authorities, This program will examine the feasibility and effectiveness of the 

Army National Guard EOD soldiers in Title 32 status versus using the current Mobilization Day 

EOD soldiers mobilized in Title 10 status to provide this support, It will also evaluate the need for 

additional legislative authorization for Active Guard Reserve EOD soldiers to conduct a fully 

implemented program. 

The fifth priority tor the Caucus is language requiring the Secretary of Defense to provide 

a plan to Congress on merging roles, responsibilities, and organization from various United States 

Northern Command elements into the roles, responsibilities, and organization of the United States 

N01ihern Command's joint task force for EOD and countering improvised explosive devices. The 

language builds on Committee efforts beginning with the House Report on the NOAA for FY 

2013. The language will require the Joint Chiefs of Staff to provide scheduled EOD units, via 

rotation of the Services' EOD units to combatant commanders, that will support the Commander 

of the United States Northern Command'sjoint task force for EOD and countering improvised 

explosive devices. The purpose of this task force is having an EOD qualified commander 

providing appropriate oversight of highly technical EOD operations and ensuring explosives 

safety; mission command of additional technical enablers; and successful integration of military 

EOD forces with State and local public safety bomb squads, on planning, training, 

experimentation, and providing immediate response defense support to civil authorities. 

Other Caucus initiatives include authorizations for the Secretary of the Department of 

Homeland Security's Office of Bombing Prevention and the Secretary of the Depmiment of 

Defense's support of the Interagency Technical Support Working Group on coordination and 

integration of military EOD and public safety bomb squad planning, training, and on integration 

of EOD technology with that of public safety bomb squad research, development, and acquisition 

activities. 

Thank you for the opportunity to present my testimony today. I look forward to continually 

working with the Committee to craft legislation that supports EOD in their mission to defend the 

homeland and our interests aboard. I remain available to the Committee for further assistance on 

EOD matters, and I thank you for your consideration. 
58 

JEPUTY RC:Pi.!BUGAN WHJP 

CoMMITTEE: oN 

CoMMITTEE ON 

FoRtJGN AFFAJHS 

The HonOJ'able Mac Thomberry 

Chairman 

House Am1ed Services Committee 

2216 Rayburn House Office Building 

Washington, DC 20515 

April6, 2018 

The Honorable Adam Smith 

Ranking Member 

House Armed Services Committee 

2216 Rayburn House Ofl1ce Building 

Washington, DC 20515 

Dear Chairman Thornberry and Ranking Member Smith, 

As you begin deliberations on the National Defense Authorization Act (NDAA) for Fiscal Year 2019, I write to 

respectfully request that you include directive report language in the House Armed Services Committee Repmt to 

accompany the legislation requiring the Air National Guard (ANG) to conduct an analysis of its RC-26 intelligence, 

surveillance, and !'econnaissance (TSR) platf01m. 

The RC-26 is the Guard's only manned~ domestic Incident Awareness Assessment aircraft This critical asset 

responds quickly to natural disasters, hurricanes, wildfires, missing persons, and terrorist attacks to provide ISR. 

Fmihennore, this aircraft plays a vital role in counter~cat1el and cmmter~drug operations on the southem border and 

has aided in the detention of perpetrators and the confiscation of thousands of pounds of drugs, as well as cash and 

weapons. The RC-26 also made significant contributions to Operation Endudng Freedom (OEF) in Afghanistan. 

As a pilot of the RC-26 .. -formerly as an Air Force officer serving in ORF and CU!Tently as an ANG officer 

executing countcr·drug operations-· .. ·! am able to personally attest to the platform's versatility and reliability. 

There has been some discussion within the higher echelons ofthe 1\NG about the RC·26 ranging from 

consolidation ofthe platform to divestiture of five or more RC~26 aircraft. I have) on numerous occasions~ 

expressed deep concems about any such plans with the ANG and asked them fot any data being used to drive their 

analysis. When budgetary data was finally offered to my office fot review, l discovered that the ANG's figures 

were highly inaccurate. Basing major strategic decisions on faulty or inaccurate data is i!I~adviscd in any endeavor~ 

but especially so when such shori·sightcdness will have significant impacts on national security, counter-drug 

operations, and the individual states in which the RC-26 is based. 

Given President Trump's recent announcement that he plans to send military personnel~ including National 

Guardsmen~ to the Southem Border in an effmi to bolster security, it is imperative that these forces have a manned 

aerial ISR platform to execute this important mission. Therefore, I respectfully request that you include directive 

report language in the Committee Repmt to accompany the FY 19 NDAA instmcting the Chief of the National 

Guard Bureau~ in consultation with the Chief of the Alr National Guard Bureau~ to conduct a formal assessment of 

the RC-26. Enclosed with this letter is draft language for the Committee to consider including in the report 

Thank you for your thoughtful consideration of my request and for your dutiful leadership ofthe Honse Armed 

Services Committee. Should you have any questions or concerns, please do not hesitate to contact rne. 

Adam Kinzinget· 

Member of Congress 
59 

Directive Report Language on RC-26 

National Defense Authorization Act for FY 21119 

Submitted by tbe Office of Rep. Adam Kinzinger 

The Committee remains concerned over the health, readinessj and utilization of the Air National Guard's 

RC\26 intelligence, surveillance, and reconnaissance (!SR) platform. The Committee is aware that the RC-26 is the 

Air National Guard's only manned; domestic Incident Awareness Assessment aircraft. This Cl'itical asset responds 

quickly to natural disasters, hurricanes, wildfires, missing persons, and terrodst attacks to provide ISR. 

_Furthermore, the Committee notes that this aircraft plays a vital role in counterRcartel and counter-drug operations 

on the Southern Border and has aided in the detention of perpetrators and the canfiscation ofthousands of pounds 

of drugs, as well as cash and weapons. In light of the President's announced plans to have military personnel, 

including members ofthe National Guard, help secure the Southern Border, the Committee feels that the RC-26's 

TSR capabilities make it an essential tool with which to accomplish the mission. The Committee also appreciates 

the significant contributions the RC-26 made during operations in Afghanistan. 

The Committee is intbnned that the Ail" National Guard is consideting plans to consolidate or even divest 

five or more RC-26 aircraft from operational status, The Committee believes that any such plans must be carefully 

considered through a lens of a complete dataset, including both operational costs as well as the benefits to the 

missions the platform is utilized to execute, Any decision to consolidate or divest the RC-26 without the proper 

engagement with Congress and other stakeholders would be hasty and shortsighted, the result of which would 

negate the benefits that the RC-26 aircratl provides to local, stale, and federal partners; as well as its ability lo 

respond to regionai and national security issues. 

The Committee is also aware of an Air National Guard piau to upgrade the existing RC-26 platform. This 

upgrade will fm1her enhance the capability of the aircraft and thus inctease its value to its vital mission set. The 

Committee has been informed that this program has been delayed for more than two years, Regardless of the 

mission sets to be determined, the Committee feels that these are viable aircraft with low hours and many useful 

years of utility remaining. To this end, it is appanmt that, regardless of which mission the RC-26 will support in the 

future, the planes will need to undergo cockpit modernization. Thus, the Committee directs the Air National Guard 

to upgrade the cockpits of the RC-26 as soon as possible in accordance with the previously approved plan. 

The Committee fmther directs the Chief of the National Guard Bureau, in coordination witlt the Chief of 

the Air National Guard Bureau, to conduct a formal assessment of the RC-26, which shaH include, but shaH not be 

limited to the following: 

a lhll scale analysis of the RC-26 platform, including costs of maintenance and parts; 

a detailed repmt on the missions the platform currently performs, as well as other missions it may perform 

under Title 32 or Title l 0; 

a detailed plan to keep and maintain this platfo11n in its current locations for a period of no less than two 

years; and 

a detailed schedule tbr RC-26 upgrade and modifications. 

The Committee directs the Chief ofthe National Guard Bureau to transmit this formal assessment to this 

Committee, as well as the House Appropriations Subcommittee on Defense, within 90 days. Should the Chief of 

the National Guard Bureau and the Chief of the Ait· National Guard Bureau conclude in their assessment that the 

RC-26 should be consolidated, partially divested, or fully divested before or after such two year period, the 

Committee further directs the Chiefs to provide such plans to this Committee, as well as the House Appropriations 

Subcommittee on Defense, not less than 180 days prior to executing any such plans. 
60 

The Honorable Mac Thornberry 

Chairman 

House Anned Services Committee 

2216 Rayburn House Office Building 

Washington, DC 20515 

April6, 2018 

Dear Chairman Thornbeny and Ranking Member Smith, 

Tbe Honorable Adam Smith 

Ranking Member 

House Armed Services Committee 

2216 Rayburn House Office Building 

Washington, DC 20515 

As you begin deliberations on the National Defense Authorization Act (NDAA) for Fiscal Year 2019, l write to 

respectfully request that you include the text ofRR. 555, the Amateur Radio Parity Act, in the base text of the bilL 

This important legislation--which would have a direct, positive impact on the security ofthc American people by 

providing improved emergency disaster cou1·dination and response-has passed the House of Representatives in the 

114'" and the liS'" Congtess by voice vote. 

Along with the critical communications assistance provided to local governmental and civilian emergency response 

organizations, the Amateur Radio Service has long played a pmt in assisting the United States military through the 

Department of Defense-sponsored Militmy Auxilimy Radio System (MARS), whose mission is to provide 

"contingency communications support on behalf of the men and women of the Depmtment of Defense and other 

lJ .S. Government users in support of their important and diverse national secul'ity missions whenever~ however 

and wherever required.~~ 

Amateur radio operators who patticipate in the MARS pmgram support the Department of Defense and U.S. 

Govcmment by providing first-rate, on-demand contingency communications services that rival far more complex 

and expensive systems~ levels of service and quality} and do so in peacetime or times of national crisis, on an 

around-the~clock basis) and at no expense to the U.S. taxpayer. Members utilize their own resources aild time to 

provide these services. There were MARS volunteers on the ground in Pumto Rico and the U.S. Virgin Islands 

providing supp01t after Hmricanes Irma and Maria. 

The Amateur Radio Service is also a key pmtncr ofthe National Communications System (NCS), a confederation 

of govemment agencies established by the Presidential Memorandum of August 21, 1963. The mission of NCS is 

to ensure that the most critical telecommunications needs of the fCdcral government can be met in any possible 

emergency~ ranging from a nonnal situation to national emergencies and international crises} including nuclear 

attack, while at the same time achieving the most effective and economical fil!filltnent of the day-to-day 

telecommunications requirements. NCS administers a joint restoration priority system with the Federal 

Communications Commission (FCC) to assute that available telecommunications resources are used to meet the 

most critical requirements under all conditions. NCS is also given primary responsibility for implementing 

Presidential Directive 53~ National Security Telecommunications Policy, under the direction and guidance of the 

National Security Council. National-level communications exercises have demonstrated the capability of radio 

amateurs to respond to simulated national emergencies when normal communications m·e dismpted. These tests 

confirm that volunteer radio amateurs are a valuable national resource whose capabilities should be utilized~ further 

developed and exercised to improve our national security. 
61 

Unfortunately, a large segment of amateur radio operators cannot provide the services that are expected of them 

when necessary because they have been prohibited tl'Om installing functional outdoot antennas at their homes due 

to private land use restrictions. While longstanding FCC policy requires municipalities to reasonably accommodate 

outdoor antennas for amateur radio, operators are frequently and increasingly precluded frotn providing their public 

service and taking advantage of their FCC licenses as a result of private land use regulations. 

As a result of this preclusion, I reintroduced the Amateur Radio Parity Act this Congress. The specific intent of my 

bill is to require the unitorm application of the FCC's balanced, "reasonable accommodation" policy to all types of 

land usc regulation for amateur radio antennas. This impoliant bill will provide regulatmy padty fol' amateur radio 

operators regardless ofwhete they five. 

In emergencies, when all other fbrms of communication have ·fdiled, this legislation ensures that amateur radio 

operators will have the means provide reliable, hardened comrnunicalions in support of federal, state, and local 

disaster response efforts, Amateur radio operators provide volunteer public service) emergency coordination, and 

disaster relief communications at no cost to the American taxpayer. During the recent hun·icanes Harvey and 

Maria, and in their aftermath, amateur radio operators were called upon to provide critical communications 

throughout the affected disaster areas from the time the storms started untit mainstream communications were 

restored. In t11e case of Puelto Rico} the devastation was so overwhelming that 50 volunteer operators frotn the 

mainland were dispatched to provide on-site support, together with hundreds of local amateur radio operators, for 

many weeks of the recovety process. Equipment costing thousands of dollars was donated by radio amateurs 

through the-ir national association tbr that specific purpose. 

American amateur radio volunteers are the last line of defense in terms of communications for our first responders, 

and it is important that we support them because) in doing so, we are also suppmtfng our men and women when 

called upon to respond to a national emergency. 

Enclosed with this letter is the text of H.R. 555, !he Amateur Radio Parity Act. Again, I respectfully request that 

you include this impmtant legislation in the fmthcoming FY !9 NDAA. Thank you for your thoughtful 

consideration of my request and for your dutiful leadership ofthe Honse Anned Services Committee. Should you 

have any questions or concerns, please do not hesitate to contact me. 

Adam Kinzinger 

Member of Congress 

Sincerely, 
62 

l15TH CONGHJ.£SS 

18'1' SESSION .R. 555 

AN ACT 

To direct the Pcderal Communications Comtnission to arnend 

its rules so as to prohibit the application to amateur 

stations of cerhtin private land use restdctioils; and for 

other purposes. 

1 Be 'it enacted by the Senate and House of Re1Jresentar 
63 

2 

1 SECTION 1. SHORT TITLE. 

2 Tllis Act may be cited as the 11.Amatcur Radio Parity 

3 Act of 2017". 

4 SEC. 2. FINDINGS. 

5 Congress finds the folknving: 

6 (1) lVIorc than 730,000 radio amateurs in the 

7 United States are .licensed by the Federal Commu8 nieations Cmtlmission in the amateur racli(> sendces. 

9 (2) Amateu1; radio, at no cost to ta"'~1:payers, pro10 vid<is a fertile gTo1md for toehili(\al self-training ii1 

11 111odern teleeomnnmications, electronics tcclmology, 

12 tind emei·gmicy conmmnieations techniques and pro13 toeols. 

14 (3) 1.'here is a strong Pederal interest in the ef15 fective performance of amateur stations established 

16 at the~ i'esidcnccs of licensees. Si.wh statioils h~eic 

17 been shown to he frequently and inereasing·ly prc18 eluded by lim·e~l.sonable pr·ivate hind use. restrictions, 

19 illCluding restrictive cove11tuits. 

::w (4) Federal Connnnnieations Commission regu:-

21 lations have foi· three decades ptohihit.ed the a.ppliea22 tion to stations in the amateur service of Shtte a11d 

23 local regulations that preclude or fail to reasonably 

24 accoumiodate amateur service con1niur1ications, or 
64 

3 

1 pose. Commission poney has been and is to require 

2 Sti:ttes and localities to pern1it erection of a st~itiou 

3 antenna structure at heights and dimensitms siiffi4 cient to accommodate amateur service connnunica5 tions. 

6 (5) The Clommissiml has sought gnidanee and 

7 direction from Congress witJ1 respect to the aJ)plica8 tion of the Gonnnission1

s limited preemption polic.r 

9 l'egarding amateni' service comnutnications to pri\'ate 

10 Jn11cl use restrictions, including restrietive coyenants. 

11 (6) There arc aesthetie and eommml pt'OfJerty 

12 considerations that are nniqttely applicable to private 

13 larid use reg1.li~ttions and the community assoeiations 

14 obligated to enforce cove:nants, conditions, and re15 strictions in dced·rostrieted con1111unities. '1'hosc eon16 s1derations arc dissimilar to those applicable to State 

17 law and local ordinances rcgtllating the sante resi18 dcntial amateur radio facilities. 

19 (7) In I'ecog1iition of these eonsidert~tions, a 

20 scp~n·ate Federal policr tha11 exists at section 

21 97.15(b) of title 47, Code of Federal Regulations, is 

22 wananted conceming amateur sen'ice eon1rnuuic<.i23 tions in deed-restricted eonnnmrities. 

24 (8) Community assoeiations should fairly ad-
65 

4 

1 of their eon:nuunities, while nevertheless permit,ting 

2 the insta:llo:ticm and ntaintenil11ce of effective outdoor 

3 amateur l'adio antennas. 'l1

here exist antenna dc4 signs and installations that can be consistent vdth 

5 tlui aesthetics and physical eh;;waetel'istics of land 

6 and structures in comnmnity associations ·while ac7 em1nnoclating eonununieations i11 the li11Utteur radio 

8 services. 

9 SEC. 3. APPLICATION OF PRIVATE LAND USE RESTRIC· 

10 TI<)NS TO AMATEUR STATIONS, 

11 (a) Al'ln~ND.MENT OF FCC Huuas.~Not late1· than 

12 120 days after the date of the enactment of this Act, the 

13 Pcderal CommUi1ic<:1tions Commission shall amend section 

14 97.15 of title 47, Code of ]'ederal Rcg'!llations, by adding 

15 a new paragntph that prohibits the application to amateur 

1.6 statimis of any· private Iaml usc restriction, including· a 

l7 restrictive covenant, that~ 

18 (1) ()11 its face or as applied~ precludes eommn19 nications in ail al'ni1tcui' 'mdio serviee; 

20 (2) f~1,ils to permit a licensee in mi <imatem 

21 radio service to im;tall and maiHtain an effective out22 door· ~mteHnil on property under Ut€ exclusive use or 

23 eontJ'Ol of' the lieensee; or 

24 (3) does not eonstitutc the minimum praeticable 
66 

5 

l the lavvful purposes of a community association seeh:-

2 ing to enforce such restriction. 

3 (b) AnDI'fiONAl, HEQUIREMENTS.-In amending its 

4 mli:ls as required by suhsectiml (a), the Commissio.n 

5 shall~ 

6 {1) require any licensee in au amateur radio 

7 service to riotify 1:111d obtain prioi' appi·oval fi·om a 

8 commtmity association cmwcriling installatiou of <1n 

9 outdoor antenna; 

10 (2) permit a eonuminit.Y assoeiittion to p1'ohihit 

11 installation of any anteuna or antenua support 

12 structure by a licensee in an amateur radio serv.it:c 

13 on con:in1mi property not 11ndcr the e.o'\cli1sive usc or 

14 control of tbc licensee; and 

15 (3) subjeet to the standards specified in para16 gravhs (1) and (2) of subsec1tim1 (a), pm;mit a com~ 

17 nrunity assoeiation to establish reasonable \Vritten 

18 1~Iles: concerning height, location, size, and aesthetic 

19 impact or, aucl installation requirements fi)l', outdoor 

20 antetmas and support st!'uctures fol' the pmposc of 

21 t\oHductili{:l,' C<)niiminicatiolls in the amatmw radio 

22 services. 
67 

6 

1 SEC. 4 •. AFFIRMATION OF LIMITED PREEMPTION OF STATE 

2 AND LOCAL LAND USE REGULATION. 

3 The I1~cderal Conumtnica:tions Commission may not 

4 change section 97.15(b) of title 47, Code of Federal Regtl5 lations) ·which shall remain applicable to State and local 

6 lmid usc regulation of amateur scrviec emimnmications. 

7 SEC. 5. DEFINITIONS. 

8 In this Act: 

9 (l) C0::\1.1\IUNTTY ASSOOJA'L'ION.·~-Tlle teritl 

10 "eomrnnnity asHoeiation" rneans any Tmn..:profit mml11 datory Ineuibership org·anization eomposed of own<:rs 

12 of real estat(' dt~scribed in a deela.I'atioil of covenants 

13 ol.' ereatccl pursuant to a eovcnant or other applica14 biC law with respect to ·which a person, by 'i':irtuc of 

15 the persm/s owncrshi]) of oi· interest in a unit or 

16 parcel, is obligated to pay for a share of real estate 

17 taxes, jmi'nrnnec prmniums; n:mintcnancc, improve18 ment, services, or other· cxpem3cs related to con1mOH 

19 elenwuts, other units, or any other real estate other 

20 thmi the u1l.it or pat'cei described in the declaration. 

21 (2) TERMS DJWINIW IN REGULATIONS.-The 

22 terms "arna.teur radio serviees"j "amatem· service", 

23 and "m.iultcnr station" haye the me~:111ings given 
68 

7 

1 such term.s in scetion R7 .3 of title 4 71 Code of Pcd2 eral Hegnlations, 

Passed the House of Heprescnta.tives January 23, 

2017. 

Attest: 
69 

The Honomble Mac Thornberry 

Chairman 

House Armed Services Committee 

2216 Raybum House Office Building 

Washington, DC 20515 

April6, 2018 

Dear Chairman Thornbeny and Ranking Member Smith, 

The Honmable Adam Smith 

Ranking Member 

House Armed Servic,es Committee 

2216 Rayburn House Oillce Building 

Washington, DC 20515 

deliberations on the National Defense Authorization Act (NDAA) for Fiscal Year 2019, we write to 

include language that will optimize the use of a waste disposal site used by the United 

States Army, savings for the American tnxpayet, and sustain good-paying jobs in the State of 

Iilinois. Specifically; we ask that you remove certain statutory restrictions imposed upon the Prairie View 

Recycling and Disposal Facility (Prairie View) in Will County, Illinois. 

By way of background, President Clinton signed legislation in 1996 to decommission the Joliet Army & 

Ammunition Plant (JAAP) and allow Will County to receive a 455-acre parcel for use as a landfilL One stipulation 

for acquiring this land from the federal guvenunent was to accept non-hazardous waste fi·om the remediation of the 

arsenal and nearby properties at no cost to the federal govemment. In 1997, after a competitive bidding process, 

Will County executed a Host/Operating Agreement with Waste Management of Illinois, Inc. to build and operate a 

non~hazardous, municipal solid waste landfilL Late in 1999~ then-Congressman Jerry WeHer sponsored language to 

restrict the deed for Prairie View loa 23-year lifespan and limit the service area to accept waste only from 

municipalities wholly or partially in Will County. These restrictions were specifically included to allow a second 

landl1ll to be built in an adjoining county. However, the second planned landl1ll was never built. 

In January 2004, after receiving an operating permit approved by the Illinois Environmental Protection Agency, 

Prairie View opened and began accepting waste. By 2014, based on waste intake and a 44% recycling rate, it 

became cleat to Will County and Waste Management oflllinois, Inc. that the lifespan of the landfill would likely 

exceed the statutory operation cap of2027 placed on it in 1999. As a result, the Members of Congress who 

represent portions of Will County collaborated to extend the statutory li!espan ofPrairie View. Language 

sponsored by Congressman Kinzinger to extend the life of Prairie View to 2042 was included in the National 

Defense Authorization Act for Fiscal Year 20 l 5 (P.L. I 13-291, Section 2838). 

The Praide Vjew facility covers a waste mass footprint design of223 actes with the remaining acreage being 

utilized for facility support and a bulfer area. The facility provides no-cost disposal fur cleanup of the former 

23,000-aore JAAP property, which provides a benefit to both the Depat1ment of Defense and to the U.S. Forest 

Service; which owns and maintains the adjoining propetty as an unspoiled prairie habitat, known as the Midewin 

National Tallgrass Prairie. The deed restriction along with tlm host agreement between Will County and Waste 

Manab>ement of Illinois, Inc. requires that during the entire operating life ofthe landfill that it preserves disposal 

capacity for waste trom the termer JAAP propetty. However, based on Army estimates provided to the 1J.S. 

Forest Service, the cleanup will generate between 1,076,600 and 1,976,000 tons of waste material into the landfill. 

Given current JAAP volumes disposed to date, almost I million tons of waste may still be generated for disposal. 

Based on the annual avemge of 14,000 tons disposed ti·01n the cleanup project to date, the cleanup of the .l AAP 

property will signil1cantly exceed the closure date of 2042. 
70 

Our proposed language provides a number of benefits to our constituents" the environment~ local govemment, and 

the federal government First, Prairie View provides long-term disposal capacity to Will County residents, which 

yields to them lower disposal costs, The landfi!Ps infrastTucture-including groundwater protection systems~ 

access roads, and gas recovery systems-is already established and should be utilized by the County to its fullest 

capability. Removal of the federally-established closure date will allow the County to maximize the capacity at 

Prairie View and accept waste from the cleanup of the former arsenal beyond 2042, thereby saving taxpayer dollars 

that would be spent on disposal elsewhere. Further, an on-site renewable energy facility produces enough 

electricity to provide power for 8,000 homes, which increas_es the savings realized by our constituents. 

Second, use of tl1e facility in concert with other valuable environmental programs allows the County to maintain a 

44% recycting rate, thereby reducing the County~s waste disposal needs and snppmting the envlronment Third, 

Prairie Vievv generates 1nore than $4 miilion per year in revenue fOr Will County~ which is used to provide 

important municipal services to our constituents. What is more, our proposed language facilitates local control over 

a mostly-local matter. Rather than the federal government defining Prairie View's service area, Congress must 

allow local officials to control the waste flow into the facility to suit the interests of County residents. Due to 

market fluctuations\ waste flow volumes into Prairie View may very well drop. Allowing Will County to manage 

the waste flow and normalize any loss in waste flmv by expanding the service area will keep disposal rates 

telativcly constant for our constituents. 

Lastly, the U.S. Forest Service has free waste disposal for the cleanup of the JAAP because of its control of the 

Midewin National Tal!grass Prairie. This:. free disposal represents savings over $17 million in waste disposal costs 

thus far to the federal government In contrast, if the facility were to be closed in 2042, estimates show that the cost 

to dispose ofthe remaining federal waste at current market prices would total more than $81 million. Given the 

current levels of waste disposed from JAAP property, Prairie View will close well before the cleanup of the JAAP 

property is completed. Failure to remove the statutory lifespan of tl1e facility could yield job loss as well as tens of 

millions of dollars in lost revenue to the County. 

For these reasons, we respectfully request that you include language in the fmthcoming FY 19 NDAA to remove 

fbderal restrictions on the Prairie View facility, Enclosed with this letter is draft language for the Committee to 

consider including in the text oftbe legislation. Thank you for your thoughtful consideration of our request and for 

your dutiful leadership of the House Armed Services Committee. Should you have auy questions or concerns, 

please do not hesitate to contact us. 

Adam Kinzinger 

Member of Congress 

BobbyL. Rush 

Member of Congress 

Bill Foster 

Member of Congress 

Sincerely, 
71 

Requested Bill Language rcgm·ding Prairie View Recycling and Disposal Facility 

National Defense Authorization Act for FY 2019 

Submitted by Reps. Adam Kinzinger, Randy Hultgren, Bobby Rush, Robin Kelly, Bill Foster, and 

Dan Lipinski 

SEC.~-· Section 2922(c) ofthc Military Construction Authorization Act tor Fiscal Year 1996 (division B of 

Public Law 104-!06; 110 Stat 605), as added by section 2842 of the Militaty Construction Authorization Actfor 

Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 863), as added by Seetion2838 ofthe Carl Levin and 

Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 (division B of Public Law 

! 13-291; 128 Stat, 3710), is amended by striking"(!)" before "The conveyance" and by striking paragraph (2). 
72 

DANIEL UP!NSKI 

<!Congress of tbe 'ij!:lnttel:l ~Mates 

rt1ousc of l\cprcscntatil.Jcs 

masl)illgton, :WI£: 20515-1303 

The Honorable Mac Thornberry 

Chainnan 

House Anned Services Committee 

2216 Rayburn House Office Building 

Washington, DC 205!5 

Ap1il6, 2018 

Tbe Honorable Adam Smith 

Ranking Member 

House Anned Services Committee 

2216 Rayburn House Office Building 

Washington, DC 205!5 

Dear Chainnan Thornberry and Ranking Member Smith, 

As you begin to develop the National Defense Authorization Act (NDAA) for FY2019, l write to 

respectfully request that you include language expanding access to commissaries and Morale, 

Welfare, and Recreation (MWR) facilities to additional categories of veterans. Specifically, the 

language I propose would extend this access to Purple Heart recipients. all disabled veterans with 

a service-connected disability, Medal of Honor recipients, fanner prisoners of war, am! veteran 

caregivers. 

America's brave veterans and their families deserve our utmost gratitude. It is our duty as a nation 

to not only to say that we appreciate their service but also to enact policies demonstrating that 

gratitude. CutTently, only Active Duty, Retirees, and veterans with I 00 percent disability ratingand in certain situations Reservist, National Guard, and DoD Civilian employees--are allowed to 

usc the Defense Commissaries and Exchange stores. We should all agree that Purple Heart 

recipients, Medal of Honor recipients, fonner POWs and disabled veterans have done more than 

enough to also earn that access. 

This simple action would make the lives of many veterans and their families a little easier at horne. 

For these reasons the Military Order of the Purple Heart, the Veterans of Foreign Wars, the 

American Legion, and Paralyzed Veterans of America have endorsed this language. 

Enclosed with this letter is a copy of the draft language for the Committee to consider as it develops 

the NOAA text. Thank you for your time and consideration in reviewing this request. Should you 

have any questions. please contact Christopher Baylor (Christopher.baylor(ii'mail.house.gov) or 

Sofya Leonova (sotva.leonova@mail.housc.rrov) on my staff. 

Daniel 

?Br~ W. Lipinski 

Member of Congress 
73 

Requested bill language regarding commissary and MWR facility access for certain 

veterans 

National Defense Authorization Act for FY 2019 

Submitted by Rep. Daniel W. Lipinski 

SEC. __ . SHORT TITLE. 

This Act may be cited as the "Purple Heart and Disabled V cterans Equal Access Act of 

2018". 

SEC. __ . FINDINGS. 

Congress finds the following: 

(I) In 2017, the Secretary of Defense determined that the addition of new patron 

categories to the commissary and exchange systems would support the growth of a robust 

customer base and help ensure the ability of both systems to provide benefits to members 

of the Armed Forces and their families. 

(2) The Secretary previously opposed extending commissary and exchange 

privileges to large patron groups such as disabled veterans. 

(3) In January 2017, the Secretary of Defense approved limited online exchange 

shopping privileges for all veterans, effective November 11,2017. 

(4) The Secretary determined that current patrons of exchanges did not perceive 

the extension of such privileges as diluting the benefit for members of the Am1ed Forces. 

(5} The Purple Heart is the oldest military decoration, awarded to members of the 

Anned Forces who have been wounded or died in combat, fighting for the United States. 

Since the modem incarnation ofthe award was established in 1932, approximately 

1,800,000 million members of the Armed Forces have been awarded the Purple Heart. 

SEC. __ . COMMISSARY STORES AND MWR FACILITIES PRIVJI,EGES FOR 

CERTAIN VETERANS AND VETERAN CAREGIVERS. 

(a) EXTENSION OF PRIVILEGES.·-Chapter 54 oftitle I 0, United States Code, is 

amended by adding at the end the following new section: 

"§ 1065. Use of commissary stores and MWR facilities: certain veterans and caregivers for 

veterans 

"(a} ELIGIBILITY OF VETERANS AWARDED THE PURPLE HEART.-A veteran 

who was awarded the Purple Heart shall be permitted to use commissary stores and MWR 

facilities on the same basis as a member of the armed forces entitled to retired or retainer pay. 

"(b) ELIGIBILITY OF VETERANS WHO ARE MEDAL OF HONOR RECIPIENTS.-

A veteran who is a Medal of Honor recipient shall be permitted to use commissary stores and 

MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer 

pay. 

"(c) ELIGIBILITY OF VETERANS WHO ARE FORMER PRISONERS OF WAR.-A 

veteran who is a former prisoner of war shall be permitted to use commissary stores and MWR 

facilities on the same basis as a member of the anned forces entitled to retired or retainer pay. 

"(d) ELIGIBILITY OF VETERANS WITH SERVICE-CONNECTED 

DISABILITIES.-A veteran with a service-connected disability shall be permitted to use 
74 

commissary stores and MWR facilities on the same basis as a member of the anued forces 

entitled to retired or retainer pay. 

"(e) ELIGIBILITY OF CAREGIVERS FOR VETERANS.-A caregiver or family 

caregiver shall be penuitted to use commissary stores and MWR facilities on the same basis as a 

member of the anued forces entitled to retired or retainer pay. 

"(f) DEFINIT!ONS.-In this section: 

"( l) The term 'MWR facilities' includes-

"( A) MWR retail facilities, as that tenu is defined in section 1 063(c) of 

this title; and 

"(B) military lodging operated by the Department of Defense for the 

morale, welfare, and recreation of members of the anued forces. 

"(2) The tenu 'Medal of Honor recipient' has the meaning given that tenu in 

section 1074h(c) of this title. 

"(3) The tenus 'veteran', 'fonuer ptisoner of war', and 'service-connected' have 

the meanings given those tenus in section 101 of title 38. 

"(4) The tenus 'caregiver' and 'family caregiver' have the meanings given those 

tenus in section in section !720G(d) of title 38.". 

(b) CLERICAL AMENDMENT.-The table of sections at the beginning of chapter 54 of 

title 10, United States Code, is amended by adding at the end the following new item: 

"1065. Use of commissary stores and MWR facilities: certain veterans and caregivers for 

veterans.". 

(c) EFFECTIVE DATE.--Section 1065 of title 10, United States Code, as added by 

subsection (a), shall take effect at the end of the 90-day period beginning on the date of the 

enactment of this Act. 

SEC __ , AUTHORIZATION OF APPROPRIATION FOR UPDATING EPACS FOR 

MILITARY COMMISSARIES. 

There is hereby authorized to be appropriated, out of any funds in the Treasury not 

otherwise appropriated, $500,000 to the Secretary of Defense for the purpose of updating the 

electronic physical access control system used by military commissaties and exchanges so that 

the system may recognize and accept veteran health identi flcation cards. 

SEC __ , SENSE OF CONGRESS REGARDING INDIVIDUALS A WARDED THE 

PURPLE HEART. 

It is the sense of Congress that the Secretary of Defense, in coordination with the 

Secretary of Veterans Affairs, should maintain a list of all individuals awarded the Purple Heart. 
75 

Congressman Steve Pearce 

National Defense Authorization Act Fiscal Year 2019 

Testimonial Initiatives 

Chairman Thomben·y, Ranking Member Smith and distinguished Members of the Committee, I 

want to thank you for affording me the opportunity to discuss issues I consider vitally important 

to our national security and the United States ability to protect the homeland. I have four 

initiatives to bring to your attention. 

1 

The first effort pe1tains to the Department of Defense's (DoD) ability to produce ground-based 

passive high resolution optical imaging. Recent, global advances in imaging with optical 

interferometer telescope arrays offers order of magnitude increases in resolution for long range 

surveillance at a realistic size and weight capable of being put into outerspace. In particular, the 

development of technology for space based vibration control means it is foreseeable to maneuver 

extremely stable structures in outerspace. An optical interferometer could then meet the stringent 

requirements eventually needed for space-based optical imaging exploiting an amplitude 

interferometer. 

l therefore request the following language be added to Fiscal Year (FY) 2019 National Defense 

Authorization Act: 

REPORT REQUIRED. - The Committee is pleased to see the progress with ground-based 

experiments being made by the Air Force Research Laboratory's Joint US-UK Research Team. 

Results indicate great potentialfor high resolution imaging of' Geosynchronous satellites that 

also supports the AFRL STEM education goals. The team will soon be doing ground based 

experiments usingfiJI! scale baseline separations ()/over 100 meters between the tracking 

telescopes. The committee therefore directs the Air Force Research Lab to provide a report to 

the defense committees by December 31, 2018, or within 30 days of'passage, that explains the 

utility ofpassivelunobtrusive optical amplitude interferometry/or high resolution (x centimeters) 

imaging in combination with other surveillance systems. 

Next, I request a change to the Test Resource Management Center's Strategic Plan for 

Department of Defense Test and Evaluation Resources. As it currently stands, the strategic plan 

only forecasts ten years in the future; however, nearly all other military strategic plans look at 

least twenty years, if not fifty years, into the future. The changes I propose (see attachment I) 

would alter the plan to cover a thirty-year fiscal period, reviewing both funded and unfunded test 

and evaluation requirements, and receive input from Joint StatTCombatant Commands such as 

PACOM and EUCOM. Often times, the DoD understands and has identified outside threats, but 

does not have the capabilities, technology, or funding to test against these threats. Incorporating 

these elements allows the DoD's testing facilities flexibility and justification future to retain real 

assets to include airspace, land, and other resources in a shrinking global landscape. 

The third initiative is a technical change to clarify eligibility requirements for Military Airport 

Program (MAP) funding. As it stands, MAP funds are only available, due to Department of 

Transportation regulation, to civilian airports that were closed under the Base Realignment and 
76 

Closure (BRAC) process. U.S. Code does not limit MAP funding to BRAC facilities. It was 

designed and written to support transitioning facilities. This simple technical fix will not change 

prioritization of the tunds, but merely allows MAP funding to be distributed as it was originally 

intended- to revitalize fom1er DoD assets to be used by civilian airport entities. 

l therefore request the following amendment to Section 47 I !8(a) of title 49, United States Code: 

(!)in paragraph (l)IC) by striking "or" at the 

(2) in paragraph (2} bv striking the period a/ the end and inserting"; or": and 

(3) by adding at the end thefbllowing: 

"(3) the ai11Jort is-

"(A) a.fbrmer military installation; and 

"(B) a primary airport.". 

2 

Finally, I would like to discuss airspace for our nation's vital facilities. An increased demand 

exists for restricted airspace due to enlarged testing safety cotTidors, emerging threat complexity, 

and advancements in aircraft technology. As our military capabilities continue to grow, the DoD 

will face the challenge of satisfYing an increased testing and training requirement with a 

dwindling allocation of restricted airspace due to encroachment issues. It is therefore imperative 

that we maximize the efficiency and through-put for both training and testing on one of our most 

valuable assets, our Major Range and Test Facility Bases (MRTFBs). 

In order to overcome this emerging spatial shortfall, DoD must continue to develop its 

capabilities in conducting multiple mission sets within its tinite land and airspace ownership. 

This modernization etTort should have MRTFBs utilize their assets to the maximum output 

available for both Research Development Test and Evaluation (RDT&E) and training 

requirements. This includes MRTFBs having integrated scheduling software that has predictive 

and analytical capabilities to de-cont1ict competing interests between RDT&E and training; and, 

grants the Office of the Secretary of Defense (OSD) direct decision making authority for 

approving scheduling changes when two different services have significant competing interests 

such as the pilot shortage and missile defense. 

I therefore request the following language be added to this FY 2019 NDAA: 

SENSE OF CONGRESS (iN GENERAL). -Major Range and Test Facility Bases' (MRTFB) shall 

work in conjunction with the Office of the Secretary of Defense's (OSD) Director of Operational 

Test and Evaluation and the Director of Test Resource Management Center (TRMC) to increase 

through-put of test and training missions by developing standardized processes and scheduling 

systems that accommodate joint .force utilization. 
77 

3 

PLAN REQUIRED. - The Director o,fOperational Test and Evaluation in coordination with the 

Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of'Dejense 

for Personnel and Readiness shall develop a plan-

(1) Modernize and standardize MRTFB processes and scheduling systems for current and 

future advancements in technology to include (!) 5'" and 6'" generation aircraft avionics, 

propulsion and weapons systems, (2) offensive and defensive hypersonic missile and 

directed energy testing, and (3) the Intercontinental Ballistic Missile replacementa. Maximize use and effectiveness ofMRTFBs land and airspace assessing the 

demandfor long-range testing and training capabilities; and 

b. To execute all means available to achieve testing and training goals, and 

objectives of all Armed Forces Branches 

SUBMITAL OF PLAN AND BRE!FING. Not later than 120 days after the date of the 

enactment ofthis Act, the Director of Operational Test and Evaluation in coordination with the 

Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense 

for Personnel and Readiness shall submit to the congressional defense committees a written plan 

on the plan required under subsection __ . 
78 

4 

Attachment One 

The highlighted text are the changes I request to 10 U.S. Code§ 196. 

(d)Strategic Plan [or Department o[De(ense Test and Evaluation Resources.-

(1) Not less ofien than once every two fiscal years, the Under Secretary of Defense for Research 

and Engineering, the Director TRMC, in coordination with the Director of the Defense 

Intelligence Agency, the Secretaries of the militwy departments, and the heads ofDej(mse 

Agencies with test, evaluation missile defense, and intelligence responsibilities, shall complete a 

strategic plan reflecting the future needs of the Department of Defense with respect to test and 

evaluation facilities and resources. The strategic plan(~') shall cover the period of thirty fiscal 

years beginning with the fiscal year in which the plan is submitted under paragraph {3). The 

strategic plan shall be based on a comprehensive review of both funded and unfunded test and 

evaluation requirements of the Department, future threats to national security and the adequacy 

of the test and evaluation .facilities and resources of the Department to meet those .future 

requirements and threats. 

{2) The strategic plan shall include the following: 

(A) An assessment of the test and evaluation requirements of the Departmentfhr the period 

covered by the plan. 

(B) An identification ofper.formance measures associated with the successful achievement of test 

and evaluation objectives .for the period covered by the plan. 

(C) An assessment of the test and evaluation.facilities and resources that will be needed to meet 

current andfoture requirements based on current and emerging threats and satisfji such 

performance measures. 
79 

Representative Greg Walden- Statement for the Record, FY19 NDAA 

Thank you for the opportunity to submit written testimony on the FY 19 National Defense 

Authorization Act (NDAA). I wish to raise an issue of importance for Kingsley Air National 

Guard Base in Klamath Falls, Oregon: the lack of sustainment for the F-15 platform, and the 

future of the base as a potential home to F-35s. 

For the past several years, Kingsley Field has been the sole training facility in the nation for F15Cs and F-15Ds. In 2015, Kingsley was given additional responsibilities as home to an active 

duty component to increase pilot production- a testament to the base's performance and 

capacity to grow. They're showing no signs of slowing down, either- the Air Force's plan to 

add an Adversary Air contract to Kingsley's mission next year will bring another six planes, 

eight pilots, and 39 maintenance workers to the base. 

While this expansion is good news for Klamath Falls, it comes with a significant caveat: 

Kingsley's fleet of F-15 Eagles is plagued by structural and maintenance issues that could result 

in grounded planes, wasted resources, or, worst of all, endangered pilots. 

Twice in the past two weeks, significant portions of Kingsley's lleet have been grounded due to 

safety and maintenance concerns. Expired parts for pilot ejection seats, lack of proper 

maintenance for longerons, and out-ol~date maintenance manuals for electronic wiring systems 

are some of the main concerns that forced the base to ~orround their planes recently. But the 

overarching issue for Kingsley is the lack of a clear decision from the Air Force about whether to 

invest in the necessary sustainment for F-15s. Given the need to train pilots for the F-35, and the 

overall shift to that platform that must occur, it is time to begin Kingsley Field's transition to 

become a home to the F-35. 

There are many factors that make Kingsley Field an ideal home for F-35s. The continued growth 

and expansion of the Kingsley's mission has been accompanied by overwhelming support from 

the local community. The base accounts for nearly $90 million of economic activity in Oregon 

every year they're one of the largest employers in the area, and they continue to invest in the 

community. That explains why the city of Klamath Falls and Kingsley Field recently signed a 

lease-extension for the base, ensuring the Air Force and Air National Guard can have a home in 

Southern Oregon for the next 77 years. 

The signing of this lease extension comes on the heels of another piece of great news for 

Kingsley the Oregon Airspace Initiative, which was approved this past December, will increase 

the base's airspace for training by 50%. This gives the base unrivaled capacity both in terms of 

airspace and availability of that space for training. Combine that with its over 50,000 square 

yards of ramp space, unwavering support from the community, and four decades of fighter 

training culture, and Kingsley Field is clearly a perfect home for the F-35. 

Thank you again for the chance to submit this testimony. I look forward to working with you on 

the future of Kingsley Field and all other national defense priorities. 
80 

The Honorable John A. Yarmuth 

Member of Congress 

3'd District, Kentucky 

Member Day 

House Armed Services Committee 

Aprilll, 2018 

Chairman Thornberry, Ranking Member Smith, and members of the Committee, thank you for 

the opportunity to testify today. 

As the ranking member of the House Budget Committee, I am compelled to come before you to 

raise my concerns over the misuse of the Overseas Contingency Operations (OCO) budget 

designation to fund activities unrelated to war activities. For years, the OCO designation has 

been used as a back-door loophole to circumvent budget controls in order to fund additional 

on-going base-budget activities. We need to end this practice because it hides the true cost of 

our national security strategy and it undermines the integrity of the budget process. 

In view of this, I request the Committee draft a national defense authorization bill for 2019 that 

includes OCO authorizations for appropriation that do not exceed $69 billion, the level agreed 

to as part of this year's bipartisan budget agreement, unless it can be shown that all of the 

funds designated as OCO are for war-related activities. Further, I request that the Committee, 

as part of its oversight responsibilities, encourage the Department of Defense (DoD) to identify 

enduring activities that are currently being financed with OCO funds and to plan for 

transitioning these costs back to the base budget in future years. I am not alone in making 

recommendations along these lines. The Government Accountability Office recommended that 

DoD develop a complete and reliable estimate of enduring OCO costs to report in future budget 

requests. This recommendation came on the heels of DoD officials stating in 2016 that the 

estimate of enduring costs was as much as $30 billion, or 46 percent, of DoD's total2017 OCO 

budget. 

I recognize that the unrealistically low budget caps as a consequence of the Budget Control Act 

(BCA) of 2011 were the genesis of the OCO abuse-abuse that both the executive branch and 

Congress participated in. But, with this year's budget agreement that lifted the 2019 defense 

cap by $85 billion and with a negotiation on lifting the caps of the final two years of the BCA on 

the horizon, it is well past time to correct our past mistakes and finally have a fair accounting of 

these costs. 

This year the Pentagon is spending more than $900 million to conduct its first department-wide 

audit and to fix deficiencies in its financial systems so that we ensure the most accurate and 
81 

clear accounting of DoD's financial information. With that in mind, we should make every 

effort to fund the government's activities without slight-of-hand budget gimmicks that serve to 

obfuscate costs for the sole purpose of circumventing the budget process. 

Again, thank you for the opportunity to testify today and I look forward to working with you on 

this issue in the coming weeks. 
82 

The Honorable Don Young Congressman for All Alaska 

Testimony of 

The Honorable Don Young 

Before the 

House Armed Services Committee 

FY 2019 National Defense Authorization Act Member Request Day 

Chairman Thornberry, Ranking Member Smith, and distinguished 

colleagues on the House Armed Services Committee, thank you for holding this 

hearing, and for giving me the opportunity to testify as the lone Representative 

for the State of Alaska. Though I am not a member of the Armed Services 

Committee, I am proud to represent the most strategic state in our country, with 

the largest number of service members and veterans per capita in the nation. I 

appreciate your consideration of the following provisions for inclusion in the 

Fiscal Year 2019 National Defense Authorization Act. I will keep my remarks 

today brief, and my staff will be happy to follow up with you to provide additional 

information on all of these issues, if needed. 

Enlisted Pilots 

Pilot shortage and retention has reached a critical mass, the current trend 

could greatly impact our national security. If we look to history we can see that 

this is not the first pilot shortage we have had, and in the past Congress took 

action to help alleviate the issue; their answer was Public Law 99. That law 

authorized an enlisted pilot training program. This program was highly successful 

and produced fighter aces, General officers, and aviation legends, such as 

General Chuck Yeager. Additionally, the Air Force is facing a shortage of 

Remotely Piloted Vehicle pilots, I believe that enlisted pilots can also help to 

alleviate this shortage. Considering the Air Force has graduated its first class of 

enlisted RPV pilots and has selected its candidates for a second class of RQ-4 

pilots with a goal of 100 enlisted RQ-4 pilots by 2020, it is safe to assume that 

the Air Force has confidence in enlisted pilots. 

I ask for two Air Force studies, (1) a report on the cost and benefit of fully 

opening up the RPV pilot career field to all enlisted personnel upon enlistment, 

and (2) a report on the cost, benefit, and feasibility of authorizing enlisted pilots 

on all aircraft platforms. I believe it would also be helpful if the studies examined 

the question of whether the primary problem is officer retention or pilot retention. 

Resident Energy Conservation Program (RECP) 

RECP has been instituted around DoD for the purpose of awarding energy 

savings/efficiency. This derived from a 1998 OSD policy which established a 

policy for the payment of utilities in Public-Private Venture Housing to encourage 
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The Honorable Don Young Congressman for All Alaska 

energy efficiency in privatized housing. However, RECP serves no purpose for 

bases which produce their own power, such as Eielson AFB. 

Implementing RECP at bases which create more energy than they use 

serves no purpose as any energy savings is pointless because it does not save 

any money. Moreover, it can be extra burdensome on the service members and 

their families. Eielson AFB for example, has some of the most extreme 

environments in the world, including temperatures that stay well below zero for 

months. Essentially, with implementation, many troops and their families will 

pay above their Basic Allowance for Housing entitlement or try to conserve 

energy in this harsh environment, which is dangerous and unfair to families. 

This is why I am asking the Committee to include language that would 

exempt military installations that produce more electricity than they consume 

from the Resident Energy Conservation Program. 

Security Force Assistance Brigade (SFABs) 

SFABs were designed by the United States Army to train, advise, and 

assist our allied and partner nations. Currently, the Army has stood up two of 

these Brigades in North Carolina and Georgia, with plans to establish six 

brigades all together. Given the National Defense Strategy's call to expand our 

Indo-Pacific alliances and partnerships and DoD's shift to the Asia-Pacific region 

to deal with developing threats and expansionism from countries like Russia and 

China, it should be the goal of Congress to ensure we are doing everything to 

combat this threat. 

This is why I ask for a Sense of Congress that any new SFABs be 

established such that the SFAB would support the National Defense Strategy, 

which calls for an expansion of our Indo-Pacific alliances and partnerships; and 

any new SFAB's home station should be located on an installation that is 

conducive to operations in the Pacific. 

Military Mountaineer Badge 

I request that the Committee authorize federal approval the Basic Military 

Mountaineer Badge, commonly known as the Rams Head Device for graduates 

of the Basic Military Mountaineering Course. 

The badge has existed since the 1950's when it was worn by the Cadre at 

the U.S. Army Mountain and Cold Weather Training Command at Fort Carson, 

Colorado and Camp Hale, Colorado, but has yet to receive federal approval. 

Approval of this badge would not only mean that the Army recognizes the 

importance of the training that BMMC graduates receive, but also means that the 
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The Honorable Don Young Congressman for All Alaska 

Army recognizes the historical significance of the badge. Additionally, given our 

current and future threats developing in mountainous and Arctic regions around 

the globe, it is safe to say that institutions teaching these courses, such as those 

at the Northern Warfare Training Center in Alaska, must grow. This badge would 

help that process by raising the status and importance of the training. 

U.S. FAA Licensed Spaceports 

U.S. FAA licensed spaceports have been identified as valuable 

components in the national security launch framework, and should be utilized for 

appropriate missions to support U.S. strategic goals. These spaceports provide 

numerous advantages, for example, the Pacific Spaceport Complex (PSCA) 

located in Kodiak, Alaska, is the nation's highest latitude full service spaceport, 

and was designed specifically to provide optimal support for space launches to 

polar and high inclination orbits, including circular and highly elliptical Molniya 

and Tundra orbits. PSCA provides an alternative launch site to Vandenberg AFB 

that reduces U.S. vulnerability to a natural or man-made event that shuts down 

launch access to polar orbits for small payloads. Given the importance of access 

to space for national security I ask that the following report language be included: 

The importance and use of U.S. FAA licensed spaceports 

The committee recognizes the unique importance of U.S. FAA licensed 

spaceports and when appropriate, encourages the use of such spaceports 

and launch and range complexes for mid-to-tow inclination orbits or polar 

high-inclination orbits in support of national security space priorities. The 

committee recognizes that these federally-licensed, non-federally owned 

launch facilities, including the Pacific Spaceport Complex-Alaska (PSCA) 

and the Mid Atlantic Regional Spaceport (MARS), are available to meet the 

requirements for the national security space program from the Department 

of Defense (DOD), Air Force Space Command, Operationally Responsive 

Space Office, and Missile Defense Agency (MDA). 

The PCSA has supported numerous launches for Air Force Space 

Command including specific national security launches. It remains the only 

commercial polar launch range available in the United States, and 

supports a number of MDA missions. The Mid Atlantic Regional Spaceport 

(MARS) at Wallops Island, Virginia provides medium-class and small-class 

launch capabilities for the Department. It has launched numerous missions 

for DOD with is agency partners, Air Force Space Command, ORS, and 

MDA. MARS provides assured/responsive access to mid-to-/ow inclination 

orbits for payloads up to 14,000 lbs. 
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