Hearings on National Defense Authorization Act for fiscal year 2004--H.R. 1588 and oversight of previously authorized programs before the Committee on Armed Services, House of Representatives, One Hundred Eighth Congress, first session : Readiness Subcommittee hearings on Title III--Operation and ma online

m



108-1 Hearings on National Defe
[H.A.S.C. No. 108-4]

Y 4.AR 5/2 A:2003-2004/4

HEARINGS

ON

NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2004— H.R. 1588

AND

OVERSIGHT OF PREVIOUSLY AUTHORIZED
PROGRAMS

BEFORE THE

COMMITTEE ON ARMED SERVICES
HOUSE OF REPRESENTATIVES
ONE HUNDRED EIGHTH CONGRESS

FIRST SESSION



READINESS SUBCOMMITTEE HEARINGS

ON

TITLE III— OPERATION AND

MAINTENANCE

DIVISION B— MILITARY CONSTRUCTION

AUTHORIZATIONS

HEARINGS HELD
MARCH 13, 18, 18, 20 and 25, 2003




SUPERINTENDEWf OfTOttnm NTS
OEPOSITORY



DEC 1 8 2003



BOSTON PUBLIC LIBRARY
GOVERNMENT DOCUMENTS DEPl



[H.A.S.C. No. 108-4]



HEARINGS

ON

NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2004— H.R. 1588

AND

OVERSIGHT OF PREVIOUSLY AUTHORIZED
PROGRAMS

BEFORE THE

COMMITTEE ON ARMED SERVICES

HOUSE OF REPRESENTATIVES

ONE HUNDRED EIGHTH CONGRESS

FIRST SESSION



READINESS SUBCOMMITTEE HEARINGS

ON

TITLE III— OPERATION AND

MAINTENANCE

DIVISION B— MILITARY CONSTRUCTION

AUTHORIZATIONS



HEARINGS HELD
MARCH 13, 18, 18, 20 and 25, 2003



1




U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2003



For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800

Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001



READINESS SUBCOMMITTEE



JOEL HEFLEY, Colorado, Chair



HOWARD P. "BUCK" McKEON, Califomia

JOHN N. HOSTETTLER, Indiana

WALTER B. JONES, North Carolina

JIM RYUN, Kansas

ROBIN HAYES. North Carolina

HEATHER WILSON, New Mexico

KEN CALVERT, California

J. RANDY FORBES, Virginia

JEFF MILLER, Florida

TOM COLE, Oklahoma

ROB BISHOP, Utah

CANDICE S. MILLER, Michigan

MIKE ROGERS, Alabama

TRENT FRANKS, Arizona

JOHN M. McHUGH, New York



SOLOMON P. ORTIZ, Texas
LANE EVANS, Illinois
GENE TAYLOR, Mississippi
NEIL ABERCROMBIE, Hawaii
SILVESTRE REYES, Texas
VIC SNYDER, Arkansas
GIRO D. RODRIGUEZ, Texas
ROBERT A. BRADY, Pennsylvania
BARON P. HILL, Indiana
JOHN B. LARSON, Connecticut
SUSAN A. DAVIS, California
RICK LARSEN, Washington
JIM MARSHALL, Georgia
MADELEINE Z. BORDALLO, Guam



Richard I. Stark, Jr., Professional Staff Member

Mary Ellen Eraser, Counsel

Virginia H. Johnson, Counsel

Diane W. Bowman, Staff Assistant

Danleigh S. Halfast, Staff Assistant



(ID



CONTENTS



CHRONOLOGICAL LIST OF HEARINGS
2003

Page

Hearings:

Thursday, March 13, 2003, Fiscal Year 2004 National Defense Authorization

Act — Environmental Legislative Proposals 1

Tuesday, March 18, 2003, Fiscal Year 2004 National Defense Authorization
Act— State of Military Readiness: Review of the President's Budget for
Fiscal Year 2004 257

Tuesday, March 18, 2003, Fiscal Year 2004 National Defense Authorization
Act — Military Construction Budget Request for Programs of the Office of
the Secretary of Defense, the Defense Agencies, and the Active and Reserve
Components of the Department of the Army 359

Thursday, March 20, 2003, Fiscal Year 2004 National Defense Authorization
Act— Military Construction Budget Request for Programs of the Active and
Reserve Components of the Department of the Navy and the Department
of the Air Force 457

Tuesday, March 25, 2003, Fiscal Year 2004 National Defense Authorization
Act— Outsourcing and the Office of Management and Budget Circular A-
76 Process 543

Appendixes:

Thursday, March 13, 2003 49

Tuesday, March 18, 2003 293

Tuesday, March 18, 2003 391

Thursday, March 20, 2003 495

Tuesday, March 25, 2003 581



THURSDAY, MARCH 13, 2003

FISCAL YEAR 2004 NATIONAL DEFENSE AUTHORIZATION ACT-
ENVIRONMENTAL LEGISLATIVE PROPOSALS

STATEMENTS PRESENTED BY MEMBERS OF CONGRESS

Hefley, Hon. Joel, a Representative from Colorado, Chairman, Readiness Sub-
committee 1

Ortiz, Hon. Solomon P., a Representative from Texas, Ranking Member,
Readiness Subcommittee 2

WITNESSES

Arny, Hon. Wayne, Deputy Assistant Secretary of the Navy (Installations

and Facilities) Department of the Navy 10

Bean, Michael J., Chairman, Wildlife Program, Environmental Defense 32

DuBois, Hon. Raymond F., Jr., Deputy Under Secretary of Defense for Instal-
lations and Environment, Department of Defense 5

Fatz, Hon. Raymond J., Deputy Assistant Secretary of the Army (Environ-
ment, Safety and Occupational Health) Department of the Army 8

Gibbs, Hon. Nelson F., Assistant Secretary of the Air Force for Installations,

Environment & Logistics, Department of the Air Force 7



rv

Page

Hogarth, Dr. William T., Assistant Administrator for Fisheries, National Ma-
rine Fisheries Service, National Oceanic and Atmospheric Administration ... 21

Ketten, Dr. Darlene R., Woods Hole Oceanographic Institution and Harvard
Medical School 27

MacDonald, Julie, Special Assistant to Assistant Administrator for Fish,

Wildlife and Parks, U.S. Department of the Interior 19

Siegel, Lenny, Executive Director, Center for Public Environmental Over-
sight 31

Suarez, John Peter, Assistant Administrator, Office of Enforcement and Com-
pliance Assurance, U.S. Environmental Protection Agency 17

Young, Nina M., Director of Marine Wildlife Conservation, The Ocean Conser-
vancy 29

APPENDIX

Prepared Statements:

Amy, Hon. Wayne 99

Bean, Michael J 178

DuBois, Hon. Raymond F., Jr 56

Fatz, Hon. Raymond J 83

Gibbs, Hon. Nelson F 75

Hogarth, Dr. WiUiam T 126

Ketten, Dr. Darlene R 131

MacDonald, Julie 112

Ortiz, Hon. Solomon P 53

Siegel, Lenny 151

Suarez, John Peter 106

Young, Nina M 139

Documents Submitted for the Record:

A Bill to authorize appropriations for fiscal year 2004 for military activi-
ties of the Department of Defense, to prescribe military personnel

strengths for fiscal year 2004, and for other purposes 219

Lowry, Edwin F., Director, California Department of Toxic Substances

Control 189

Section-by-Section Analysis 234

Tyack, Dr. Peter L., of Woods Hole Oceanographic Institution 203

Worcester, Peter F., Ph.D., Research Oceanographer, Scripps Institution

of Oceanography University of California, San Diego 212

The following documents submitted for the Record are available for in-
spection in the committee offices:

• Statement by the Attorneys General of Arizona, California, Colorado,
Idaho, Massachusetts, New Mexico, Oregon, Utah and Washington;
and Resolution Supporting the Principle that Federal Facilities be Sub-
ject to the Same environmental Standards as Private Industry

• Written Statement on Proposals to Amend the Marine Mammal Protec-
tion Act of 1972, on behalf of Animal Protection Institute, Center
for Biological Diversity, Cetacean Society, et.al.

• United States Army Environmental Center Article, New Rules Aid
Army Training, Protect Rare Woodpeckers, Winter 1997

• Information Sheet on Managing for the Red-cockaded Woodpecker at
Fort Bragg, NC

Questions and Answers Submitted for the Record:

Mr. Hefley 247



TUESDAY, MARCH 18, 2003

FISCAL YEAR 2004 NATIONAL DEFENSE AUTHORIZATION ACT— STATE
OF MILITARY READINESS: REVIEW OF THE PRESIDENT'S BUDGET
FOR FISCAL YEAR 2004

STATEMENTS PRESENTED BY MEMBERS OF CONGRESS

Hefley, Hon. Joel, a Representative from Colorado, Chairman, Readiness Sub-
committee 257



V

Page

Ortiz, Hon. Solomon P., a Representative from Texas, Ranking Member,
Readiness Subcommittee 258

WITNESSES

Fallon, Adm. William J., Vice Chief of Naval Operations, Department of

the Navy 262

Foglesong, Gen. Robert H., Vice Chief of Staff, Department of the Air Force ... 264

Keane, Gen. John M., Vice Chief of Staff, Department of the Army 260

Nyland, Gen. WiUiam L., Assistant Commandant of the Marine Corps, United

States Marine Corps 266

APPENDIX

Prepared Statements:

Fallon, Adm. William J 309

Foglesong, Gen. Robert H 319

Keane, Gen. John M 297

Nyland Gen. William L 337

DociTMENTS Submitted for the Record:
[There were no Documents submitted.]

Questions and Answers Submitted for the Record:

Ms. Bordallo 356

Mr. Hefley 353



TUESDAY, MARCH 18, 2003

FISCAL YEAR 2004 NATIONAL DEFENSE AUTHORIZATION ACT— MILI-
TARY CONSTRUCTION BUDGET REQUEST FOR PROGRAMS OF THE
OFFICE OF THE SECRETARY OF DEFENSE, THE DEFENSE AGEN-
CIES, AND THE ACTIVE AND RESERVE COMPONENTS OF THE DE-
PARTMENT OF THE ARMY

STATEMENTS PRESENTED BY MEMBERS OF CONGRESS

Hefley, Hon. Joel, a Representative from Colorado, Chairman, Readiness Sub-
committee 359

Ortiz, Hon. Solomon P., a Representative from Texas, Ranking Member,

Readiness Subcommittee 360

WITNESSES

DuBois, Hon. Raymond F., Jr., Deputy Under Secretary of Defense, Installa-
tions and Environment 362

Fiori, Hon. Mario P., Assistant Secretary of the Army, Installations and

Environment 379

Lust, Maj. Gen. Larry J., Assistant Chief of Staff for Installation Manage-
ment, Department of the Army 380

Phillips, Maj. Gen. Collis N., Deputy Chief, Army Reserve, Department of

the Army 382

Vaughn, Brig. Gen. Clyde A., Deputy Director, Army National Guard, Depart-
ment of the Army 381

APPENDIX

Prepared Statements:

DuBois, Hon. Raymond F 395

Fiori, Hon. Mario P., Maj. Gen. Larry Lust, Maj. Gen. Collis N. Philhps,

and Brig. Gen. Clyde A. Vaughn 421

Documents Submitted for the Record:
[There were no Documents submitted.]

Questions and Answers Submitted for the Record:

Ms. Davis 455

Mr. Forbes 455



VI

Page

Questions and Answers Submitted for the Record— Continued

Mr. Hayes 454

Mr. Ortiz 451

Mr. Rogers 456

Mr. Ryun 452

Dr. Snyder 455

Mr. Taylor 452



THURSDAY, MARCH 20, 2003

FISCAL YEAR 2004 NATIONAL DEFENSE AUTHORIZATION ACT— MILI-
TARY CONSTRUCTION BUDGET REQUEST FOR PROGRAMS OF THE
ACTIVE AND RESERVE COMPONENTS OF THE DEPARTMENT OF
THE NAVY AND THE DEPARTMENT OF THE AIR FORCE

STATEMENTS PRESENTED BY MEMBERS OF CONGRESS

Hefley, Hon. Joel, a Representative from Colorado, Chairman, Readiness Sub-
committee 457

Ortiz, Hon. Solomon P., a Representative from Texas, Ranking Member,

Readiness Subcommittee 458

WITNESSES

Brubaker, Brig. Gen. David A., Deputy Director, Air National Guard 480

Cole, Rear Adm. Christopher, Office of Chief of Naval Operations, Ashore

Readiness Division 462

Coleman, Brig. Gen. Ronald S., Assistant Deputy Commandant, Installations

and Logistics (Facilities), United States Marine Corps 463

Gibbs, Hon. Nelson F., Assistant Secretary of the Air Force, Installations,

Environment and Logistics 478

Johnson, Hon. H.T., Acting Secretary of the Navy and Assistant Secretary

of the Navy for Installations and Environment 460

McDonald, Rear Adm. (Sel) Craig, Deputy Director of Naval Reserve 465

Rajczak, Brig. Gen. William A., Deputy to the Chief of Air Force Reserve 481

Robbins, Maj. Gen. Earnest O., II, The Air Force Civil Engineer 479

APPENDIX

Prepared Statements:

Gibbs, Hon. Nelson F., Maj. Gen. Earnest O. Robbins II, Brig. Gen.

William A. Rajczak, Brig. Gen. David A. Brubaker 515

Johnson, Hon. H.T 499

Documents Submitted for the Record:

[There w^ere no Documents submitted.]

Questions and Answers Submitted for the Record:

Mr. Calvert 541

Mr. Miller 541

Mr. Rodriguez 541

Mr. Taylor 541



TUESDAY, MARCH 25, 2003

FISCAL YEAR 2004 NATIONAL DEFENSE AUTHORIZATION ACT-
OUTSOURCING AND THE OFFICE OF MANAGEMENT AND BUDGET
CIRCULAR A-76 PROCESS

STATEMENTS PRESENTED BY MEMBERS OF CONGRESS

Hefley, Hon. Joel, a Representative from Colorado, Chairman, Readiness Sub-
committee 543

Ortiz, Hon. Solomon P., a Representative from Texas, Ranking Member,

Readiness Subcommittee 544



VII

Page

WITNESSES

Simon, Jacque, Public Policy Director, American Federation of Government

Employees, AFI^CIO 567

Styles, Hon. Angela B., Administrator, Federal Procurement Policy, Office
of Management and Budget 545

Wagner, Mark F., Vice President, Government Relations, Johnson Controls,

Inc 569

Wynne, Hon. Michael W., Principal Deputy Under Secretary of Defense (Ac-
quisition, Technology, Logistics) Department of Defense 547

APPENDIX

Prepared Statements:

Simon, Jacque 597

Styles, Hon. Angela B 585

Wagner, Mark F 635

Wynne, Hon. Michael W 591

Documents Submitted for the Record:
[There were no Documents submitted.]

Questions and Answers Submitted for the Record:

Ms. Bordallo 643

Mr. Hefley 643

Mr. Taylor 643



108th congress

1st Session



H. R. 1588



To authorize appropriations for fiscal year 2004 for military activities of the Depart-
ment of Defense, to prescribe military personnel strengths for fiscal year 2004,
and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

April 3, 2003

Mr. Hunter (for himself and Mr. Skelton) (both by request) introduced the
following bill; which was referred to the Committee on Armed Services



A BILL



To authorize appropriations for fiscal year 2004 for military activities of the Depart-
ment of Defense, to prescribe military personnel strengths for fiscal year 2004,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States

of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the "National Defense Authorization Act for Fiscal
Year 2004".



TITLE III— OPERATION AND MAINTENANCE
Subtitle A — Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal year 2004 for the use
of the Armed Forces of the United States and other activities and agencies of the
Department of Defense, for expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:

(1) For the Army, $24,965,342,000.

(2) For the Navy, $28,287,690,000.

(3) For the Marine Corps, $3,406,656,000.

(4) For the Air Force, $27,793,931,000.

(5) For the Defense-wide activities, $16,570,847,000.

(6) For the Army Reserve, $1,952,009,000.

(7) For the Naval Reserve, $1,171,921,000.

(8) For the Marine Corps Reserve, $173,952,000.

(9) For the Air Force Reserve, $2,179,188,000.

(10) For the Army National Guard, $4,211,331,000.

(11) For the Air National Guard, $4,402,646,000.

(12) For the Defense Inspector General, $160,049,000.

(13) For the United States Court of Appeals for the Armed Forces,
$10,333,000.

(14) For Environmental Restoration, Army, $396,018,000.

(IX)



(15) For Environmental Restoration, Navy, $256,153,000.

(16) For Environmental Restoration, Air Force, $384,307,000.

(17) For Environmental Restoration, Defense-wide, $24,081,000.

(18) For Environmental Restoration, Formerly Used Defense Sites,
$212,619,000.

(19) For Overseas Humanitarian, Disaster, and Civic Aid programs,
$59,000,000.

(20) For Drug Interdiction and Counter-drug Activities, Defense-wide,
$817,371,000.

(21) For the Defense Health Program, $14,876,887,000.

(22) For Cooperative Threat Reduction programs, $450,800,000.

(23) For Overseas Contingency Operations Transfer Fund, $50,000,000.

SEC. 302. WORKING CAPITAL FU^^DS.

Funds are hereby authorized to be appropriated for fiscal year 2004 for the use
of the Armed Forces of the United States and other activities and agencies of the
Department of Defense for providing capital for working capital and revolving ftinds
in amounts as follows:

(1) For the Defense Working Capital Funds. $1,721,507,000.

(2) For the National Defense Sealift Fund, $1,062,762,000.

SEC. 303. ARMED FORCES RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal year 2004 from the
Armed Forces Retirement Home Trust Fund the sum of $65,279,000 for the oper-
ation of the Armed Forces Retirement Home, including the United States Soldiers'
and Airmen's Home and the Naval Home.

Subtitle B — Environmental Provisions

SEC. 311. CLARIFY DEFINITIONS OF SALVAGE FACILITIES AND SALVAGE SERVICES TO IN-
CLUDE ENVIRONMENTAL RESPONSES AND RELATED EQUIPMENT.

(a) Salvage Facilities.— Section 7361(a) of title 10, United States Code, is
amended by adding at the end the following new sentence: "Salvage facilities in-
clude, but are not limited to, equipment and gear utilized to prevent, abate or mini-
mize damage to the environment.".

(b) Settlement of Claims for Salvage Services.— Section 7363 of such title
is amended by adding at the end the following new sentence: "Claims for such sal-
vage services include, but are not limited to, those for enhanced or special com-
pensation for services that prevent, abate or minimize damage to the environment.".
SEC. 312. AUTHORIZATION FOR FEDERAL PARTICIPATION IN WETLAND MITIGATION BANKS.

(a) In General. — Chapter 159 of title 10, United States Code, is amended by
adding at the end the following new section:

"§2697. Authorization for Federal participation in wetland mitigation
banks

"The Secretary of a military department engaged in any activity resulting, or
which may result, in the destruction of or impacts to wetlands is authorized to make
payments to wetland mitigation banking programs and consolidated user sites Cin-
lieu-fee' programs) that have been approved in accordance with the Federal Guid-
ance for the Establishment, Use, and Operation of Mitigation Banks or the Federal
Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation
Under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors
Act as an alternative to creating a wetland for mitigation on Federal property for
construction projects. These payments may be included as eligible project costs for
military construction.".

(b) Clerical Amendment. — The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:

"2697. Authorization for Federal participation in wetland mitigation banks.".

SEC. 313. PROVISION TO EXEMPT RESTORATION ADVISORY BOARDS FROM THE FEDERAL AD-
VISORY COMMITTEE ACT.

Section 2705 (d)(2) of chapter 160 of title 10, United States Code, is amended
by adding at the end the following new subparagraph:

"(C) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any
restoration advisory board established by the Secretary pursuant to this sub-
section.".



XI

SEC. 314. REPEAL OF MILITARY EQUIPMENT AND INFRASTRUCTURE: PREVENTION AND MITI-
GATION OF CORROSION.

(a) In General. — Section 2228 of title 10, United States Code, is repealed.

(b) Clerical Amendment. — The table of sections for chapter 131 of this title
is amended by striking the item relating to section 2228.

Subtitle C — Workplace and Depot Issues

SEC. 321. REPEAL OF TIME LIMITATION ON EXCLUSION OF EXPENDITURES ON CONTRACTING
FOR DEPOT-LEVEL MAINTENANCE.

Section 2474(f)(2) of title 10, United States Code, is amended by striking "for
fiscal years 2002 through 2005".

SEC. 322. EXCEPTION TO COMPETITION REQUIREMENT FOR DEPOT-LEVEL MAINTENANCE
AND REPAIR.

Section 2469 of title 10, United States Code, is amended by inserting at the end
the following new subsection (d):

"(d) Exceptions. — This section shall not apply with respect to depot-level main-
tenance and repair workload that is the subject of a public-private partnership en-
tered into pursuant to section 2474(b) of this title provided —

"(1) competition is sought to select the source that will partner with the
depot to perform the workload;

"(2) the payment requests made by the partnership for work performed re-
flect the full cost to the Government of resources used by the depot for provid-
ing services, which shall include costs of resources used, but not paid for, by
the depot;

"(3) the portion of the payment received by the partnership that is nec-
essary to cover the full cost of performance by the depot, as required by para-
graph (2), is transferred to the General fund in the Treasury to the extent the
payment is reimbursing the depot for federal resources the depot has used, but
not paid for, in performing its work;

"(4) in accordance with applicable contracting procedures, the customer
agency is not charged for any effort undertaken by the partnership to correct
performance deficiencies; and

"(5) the depot does not charge its partner contractor for any effort the depot
undertakes to correct performance deficiencies under the contract.".

SEC. 323. EXCLUDE WORKLOADS FOR SPECIAL ACCESS PROGRAMS FROM LIMITATIONS ON
THE PERFORMANCE OF DEPOT-LEVEL MAINTENANCE OF MATERIEL.

Section 2466(d) of title 10, United States Code, is amended to read as follows:
"(d) Exceptions. — Subsection (a) shall not apply with respect to —

"(1) the Sacramento Army Depot, Sacramento, California; and

"(2) workloads for special access programs.".

SEC. 324. ESTABLISHING MINIMUM LEVEL OF PERFORMANCE OF DEPOT-LEVEL MAINTE-
NANCE OF MATERIEL BY FEDERAL GOVERNMENT PERSONNEL OR AT A GOVERN-
MENT-OWNED FACILITY.

(a) Establishing Minimum Level. — Section 2466(a) of title 10, United States
Code, is amended to read as follows:

"(a) ALLOCATION OF WORKLOAD PERCENTAGE. — At least 50 percent of the funds
made available in a fiscal year to a military department or a Defense Agency for
depot-level maintenance and repair workload shall be used for the performance of
such workload for the military department or the Defense Agency by Federal Gov-
ernment personnel or at a Government-owned facility.".

(b) Conforming Amendment. — Section 2474(f)(1) of such title is amended by
striking "percentage limitation" and inserting "allocation of workload percentage".

SEC. 325. CENTERS OF FNDUSTRLVL AND TECHNICAL EXCELLENCE: EXTENSION OF PARTNER-
SHIP EXEMPTION.

Section 2474(f)(1) of title 10, United States Code, is amended by striking "at"
and inserting "for".



XII

DIVISION B— MILITARY CONSTRUCTION
AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

This division may be cited as the "Mihtary Construction Authorization Act for
Fiscal Year 2004".



FISCAL YEAR 2004 NATIONAL DEFENSE AUTHORIZA-
TION ACT— ENVIRONMENTAL LEGISLATIVE PROPOS-
ALS



House of Representatives,
Committee on Armed Services,

Readiness Subcommittee,
Washington, DC, Thursday, March 13, 2003.
The subcommittee met, pursuant to call, at 10:40 a.m., in room
2118, Rayburn House Office Building, Hon. Joel Hefley (chairman
of the subcommittee) presiding.

OPENING STATEMENT OF HON. JOEL HEFLEY, A REPRESENT-
ATIVE FROM COLORADO, CHAIRMAN, READINESS SUB-
COMMITTEE

Mr. Hefley. The subcommittee will come to order.

Today the Readiness Subcommittee will hear testimony from the
Department of Defense, Federal and Environmental Agencies and
interested stakeholders to consider their views on environmental
legislative proposals submitted by the Department of Defense to
the Committee on Armed Services last week. These proposals in-
clude amendments to the Endangered Species Act, the Marine
Mammal Protection Act (MMPA), the Clean Air Act, the Com-
prehensive Environmental Restoration Compensation and Liability
Act (CERCLA), and the Resource Conservation and Recovery Act
(RCRA).

The Department of Defense has taken the position that manda-
tory compliance with federal and environmental laws has an in-
creasingly adverse impact on military readiness. This subcommit-
tee agrees that many of our important environmental laws are
being interpreted and applied in ways that are inconsistent with
the original intent of the lawmakers who drafted and supported
these laws, often to the detriment of the Department of Defense
and the military services. This subcommittee held a hearing last
year in which these issues were highlighted.

The focus of today's hearing is not to debate the issue of whether
military readiness has been adversely impacted by compliance with
environmental laws, including novel application and interpretation
of environmental laws as applied to the Department of Defense and
the military services. The Department of Defense and the military
services have already made that case to the satisfaction of this sub-
committee. Rather, the focus of today's hearing is to examine
whether the proposals submitted to the subcommittee by the De-
partment of Defense are appropriate and responsible solutions to
what we consider to be a significant encroachment problem.

(1)



As was the case last year, there have already been reports in the
media that the Department of Defense is proposing sweeping ex-
emptions that will roll back decades of progress in environmental
protection. This subcommittee is of the view that the Department
of Defense and the services should be, and that they are, in fact,
good stewards of the environment, due largely to the passage of en-
vironmental legislation over the past several decades, coupled with
education and increased awareness of the public, government and