Mr. Speaker, I rise today in support of the conference agreement on H.R. 5122, the National Defense Authorization Act for Fiscal Year 2007. I am pleased that we have completed this Act before the onset of the new fiscal year because it…
Mr. Speaker, I rise today in support of the conference agreement on H.R. 5122, the National Defense Authorization Act for Fiscal Year 2007. I am pleased that we have completed this Act before the onset of the new fiscal year because it contains provisions vital to the operation of our Department of Defense and to the men and women of our armed forces who are fighting the war against terrorism around the world today.
Several provisions within this Act are particularly important to my district and the people of Guam. Among these provisions is Section 1014, which closes a legal loophole that had previously been utilized by the Department of the Navy to permit repair of U.S. Navy vessels in foreign shipyards at the expense of U.S. shipyards, including the shipyard on Guam. By making clear that Guam, and in particular Guam's Apra Harbor, is a U.S. location, Section 1014 of this Act make clears to the Navy that its reliance on legal minutia to enable foreign repair of ships that are homeported on Guam or that make a port call on Guam is both unacceptable and now illegal. Congress expects the Navy to adhere both to the written word of 10 U.S.C. Section 7310, as amended by this Act, and to Congress's clear intent that Navy vessels will be repaired in U.S. shipyards except when those vessels are homeported overseas, when voyage repairs are necessary or where operational demands dictate. The Navy should not and cannot use excessively liberal definitions of voyage repairs or an overseas homeport to enable foreign repair.
Further, many vessels operating in the Pacific frequently make port calls on Guam. Section 1014 of this Act, when read in concert with related instructions from the Commander, Military Sealift Command and in particular the instruction identified as COMSCINST 4700.14A, also makes clear that vessels that make such port calls on Guam should no longer be considered eligible for repair in foreign shipyards such as the shipyard in Singapore. Paragraph 6(b)(5) of COMSCINST 4700.15A states, ``If an overseas homeported ship returns to the United States at any time during its overseas assignment, the policy governing U.S. homeported ships will apply, and the homeport status will be reevaluated.'' Ships that visit Guam regularly should not be included on the Assistant Secretary of the Navy's annual memorandum designating ships as homeported overseas and therefore made eligible for overseas repair. Ships that visit Guam must be returned to Guam, Hawaii or another U.S. location for repair, thereby being worked on by U.S. industry and our domestic skilled ship repair workforce.
Adherence to this refined and reemphasized policy is important to the vitality of the U.S. ship repair industrial base which is critical to our national security. Further, strict adherence to this policy will ensure that U.S. Navy vessels are repaired in safe harbors by U.S. citizens, thereby protecting our fleet and Navy personnel from risks such as attack, subterfuge, espionage or otherwise hostile actions. Section 1014 is a reaffirmation of Congressional intent on ``repair American'' policies applicable to the U.S. Navy. Section 1014 is an expression of this Congress's strong intent to safeguard the vital U.S. ship repair workforce and industry, one that faces significant workload reductions in coming years but one that must be maintained, even at greater cost, in order to maintain a ship repair industrial base capable of meeting any potential war time demand in the future. Congress will apply foresight if the Navy will not through the exercise of our oversight responsibilities.
It should be noted that the Section 1014 of the H.R. 5122 as passed by the House has been significantly streamlined. As a result of negotiations with the Senate and with the U.S. Navy, it was determined that Section 1014 did not need to be as robustly written as initially passed by the House. It should, however, also be noted that the Armed Services Committees will evaluate Navy compliance in light of the current revision to U.S. law and Congress's concern with the Navy's growing practice of sending U.S. Navy vessels to foreign shipyards for repair.
In addition to the revisions made to 10 U.S.C. 7310 is a provision agreed to by the conference committee, Section 1015, which provides for a comprehensive report on the operation of the Guam Shipyard and the Navy's intent for future utilization of the facility. It would be shortsighted of Congress to require greater utilization of such a facility without providing for appropriate study of the facility's current capabilities and of future needs for the facility in light of expected increased military utilization of the bases on Guam. I note that Guam will soon be home to 8,000 U.S. Marines who will be relocating from Okinawa and who will have points of embarkation in Apra Harbor. Guam will also soon become home to a third fast-attack nuclear- powered submarine and is expected to host an almost continuous presence of SSGN submarines. Further, military development plans call for the homeporting of three Littoral Combat Ships in Apra Harbor as well as significantly increased utilization of Apra Harbor by Navy aircraft carrIers.
The Navy must evaluate what capability it desires from the Guam Shipyard and begin preparations for an increase in the shipyard's utilization so that the shipyard can handle the anticipated additional repair requirements. The invaluable forward and strategic location of the Guam Shipyard cannot and should not be taken for granted and preparations must begin for growing its capability and capacity because it is clear that the yard will play an increased role in Navy ship repair in the Pacific as well as provide a vital capability to the U.S. Navy in the U.S.'s most strategic location in the Pacific. Training and growing a skilled U.S. ship repair workforce is not easy work. The Navy should begin enabling steady growth at the Guam Shipyard now so that the yard is prepared for future missions.
I would like to extend my thanks to Chairman Joel Hefley and Ranking Member Solomon Ortiz of the Readiness Subcommittee and to Chairman Duncan Hunter and Ranking Member Ike Skelton of the full committee for their steadfast subpart in adresses these ship repair and workforce issues. I would like to particularly thank the efforts of their respective staffs, especially the efforts of House Armed Services Committee Professional Staff Members Joe Fengler and Paul Arcangeli. Mr. Fengler has recently left the committee staff but I would like to acknowledge his professionalism, expertise and work ethic in representing his Chairman and in facilitating robust oversight by the House Armed Services Committee and its Members. I know that Mr. Fengler will have a bright future and I thank him for his dedication and service to Chairman Hunter, to the committee and to our country.
This Act also includes a provision, Section 2810, to repeal Section 2864 of Title 10 in the United States Code which prohibits H2-B skilled foreign laborers, or nonimmigrant aliens, from working on military construction (MILCON) projects on Guam. Many community and industry stakeholders recognized that the restriction on labor contracts for military construction projects on Guam does not apply to other military construction projects elsewhere. Stakeholders felt that the Guam specific restrictions could negatively impact the ability to execute the planned military growth on Guam in the required timeframe. Because completing the movement of Marines from Okinawa to Guam in a timely manner is a major component of an international agreement, it was considered important to enable the Department of Defense to complete military construction projects associated with this move without undue obstacles and in accordance with the timeframe set out by the governments of Japan and the United States. At my urging, all parties agreed that the priority for hiring labor for military construction projects on Guam will continue to go to the local workforce. Many observed, however, that the amount of work expected on Guam will likely exceed local capacity and require additional labor, as have other large construction booms in Guam's past. Nonetheless, a principal part of my focus in representing the people of Guam remains preparing and training the local Guam workforce so that Guam's workers can receive maximum benefit from the military buildup. This provision ultimately enables Guam to prepare to meet the demands of future construction while also enabling the United States Government to meet its international obligations and thereby maintain its credibility and reputation with important allies.
I am pleased that this Act also authorizes a major increase in military construction funding for Guam. The military construction funding for Guam is a continued reflection of the Department of Defense's renewed interest in utilizing Guam's first-class and strategically located bases. Guam provides a capability to our Nation to project stability into the Pacific and, if ever necessary, to project force to protect our Nation, our allies and our values. I note that the Senate had previously marked against two military construction projects scheduled for Guam. I commend the Senate Armed Services Committee leadership for working with me and with my House colleagues to retain one of these two projects. Authorizing the first phase of construction at Andersen Air Force Base's Northwest Field is a critical step to completing the already begun relocation of the Air Force's Red Horse School from Osan, Korea to Guam. This relocation is an important part of
the Air Force's realignment of forces in the Pacific and its increased utilization of Andersen Air Force Base on Guam. While I am disappointed the Senate did not recede to the House authorization for the new commercial gate at Andersen Air Force Base, I join the Senate in expressing my strong intent to evaluate military construction projects scheduled for Guam to ensure that they fit within the overall plans for growth on the island and are consistent with the needs not just of the military but of the civilian community on Guam. While I believe the commercial gate already fit well within the plans for overall development on Guam, the concerns expressed by the Senate are shared in general and I look forward to working with my House and Senate colleagues to provide robust oversight of military development on Guam to ensure it is properly executed in the interests of all parties.
The $193.446 million in military construction funding for projects on Guam authorized this year represents continued growth in military activity on the island and provides assistance to Guam in preparing incrementally for the periods of military construction on the island which will soon be far more robust.
It is unfortunate that the conferees did not include in the conference agreement Section 632 of the House passed authorization bill. This provision would have authorized servicemembers assigned to and from non-foreign overseas locations to ship a second personally owned vehicle at government expense to the new assigned duty station consistent with the authorization for assignments within the continental United States. This change in law is still needed. This is an important quality of life issue for servicemen and women and their families who receive orders to serve on bases located outside the 48 contiguous States. Supported by The Military Coalition and by the Congressional delegations from Hawaii, Alaska, Puerto Rico and Guam, it is my hope that the committee will once again consider this provision next year and that its passage will ultimately be won. Our men and women in uniform deserve the enactment of this provision.
Finally, I am pleased that conferees retained language in this Act requiring the Department of Defense to study reestablishing a Military Entrance Processing Center on Guam. This study authorization is contained in Section 582 of the Act. The great number of patriotic men and women who enlist in our Armed Services from Guam and from the region deserve and need an entrance processing center on Guam. I encourage the Department of Defense to expeditiously undertake and complete this study. I trust it will find that the value of establishing a center on Guam is high and that such establishment will yield important results for recruitment goals. I look forward to the establishment of such a center and stand prepared to assist the Department in any way necessary to facilitate such an endeavor.
The decision by conferees to include numerous provisions important to our Nation's veterans is also to be commended. In particular, I fully support the provision which places a one-year moratorium on any increases in retail pharmaceutical prices under the TRICARE system. I join my colleagues in reiterating the principle that we must fulfill our promises to the veterans who have served our Nation. Increasing pharmaceutical fees under the TRICARE system is simply unacceptable. I also fully support the many other provisions in this Act related to protecting our veterans, our active duty personnel and our reserve personnel. I note particular support for the provision to curb predatory lending activity around military bases and the provisions to improve health care services for servicemembers suffering from post traumatic stress disorder or other combat related injuries. Our Nation remains committed to caring for those who fight and have fought to protect our way of life and our values.
This Act also contains language directing the Department of Defense to study cases of reported off shore disposal of munitions by the Department of Defense. I encourage the Department to study any cases of potential off shore disposal in the waters off of Guam. Should the Department determine that any dumping of munitions took place in the waters off of Guam, I urge the Department to take action to remedy any potential harm of such dumping. I further urge the Department to be not just comprehensive but transparent in its conduct of these studies and its findings. It is vital that the communities connected to any past disposal actions be kept fully informed as to Department findings and actions.
I also support provisions in this Act that direct the Secretary of Defense to prepare a plan that would enable the Department of Defense Education Activity (DODEA) to assist local educational agencies that are affected by force structure changes in their communities. I plan to continue to work closely with the Department of Defense regarding the impacts that the movement of 8,000 Marines to Guam will have on Guam's local education system. The 8,000 Marines are expected to be accompanied by 9,000 dependents and perhaps several thousand civilian employees. While the dependents of the Marines are expected to attend DODEA schools, it is not unreasonable to believe that some Marine children as well as the children of civilian employees will enter the Guam Public School System. We must begin planning now to prepare Guam for any such impact.
I am a strong supporter of our Nation's National Guard and especially of the National Guard and Reserve servicemembers who reside on Guam. I remain a strong supporter of H.R. 5200, the National Guard Empowerment Act. I believe that the time has come to change the way we think about our Guard and Reserve because in this war on terror we have changed the way we use them. No longer can the Guard and Reserve come second in funding, equipping or anything else.
So while I am pleased that H.R. 5122 substantially increases authorized funding for Guard and Reserve equipment, I believe this bill should have also included the provisions of H.R. 5200 to ensure that the Guard would receive a Chief with a fourth star that sits on the Joint Chiefs of Staff and could advocate for and protect Guard interests. I also believe it is time to give the Guard independent budget authority from the parent services because history has told us that the parent services care for themselves first and the reserve component second. In an era when the Guard is completing the same mission as its active duty counterparts, it should have the same leadership and authorities as its active duty counterparts. I will continue to advocate for reform and increased empowerment of the Guard and Reserve. I look forward to the study of H.R. 5200 by the Commission on the National Guard and Reserves and trust that the Commission will recommend adoption of many of the provisions contained within the legislation. I also note that conferees removed authority included in the House passed authorization bill that would have enabled the President to mobilize Guard members without the consent of a state or territorial governor in the event of a natural disaster. Granting such an authority would remove a fundamental and constitutional control granted to state governors regarding their state militias. I am pleased that the provision has been stricken from the bill.
Finally, I am encouraged that the conferees retained in the final bill language proposed by the Senate that requires the President to appoint a senior presidential coordinator of U.S. policy on North Korea and to submit to Congress a semi-annual report on the nuclear and missile programs of North Korea (Section 1211). While I remain a strong supporter of the Six-Party Talks, North Korea's testing of a Taepodong II missile earlier this year indicates that current policy toward North Korea is not proving a sufficiently effective deterrent against the unstable regime currently in Pyongyang. More must be done to secure our country and to assure allies in the Pacific of their safety from a North Korean regime that appears determined to develop additional nuclear weapons and to develop the means to deliver them. I also support the $10.4 billion in funding authorized in this Act for missile defense including the increase of $100 million for the ship based Aegis ballistic missile defense system, a system vital to protecting islands in the Pacific, including Guam, from any North Korean threat.
Mr. Speaker, I have addressed only a few of the many provisions within this Act. I commend my colleagues for their work in finalizing the defense authorization bill. The legislation provides for measures ranging from a well deserved pay raise for our uniformed servicemembers to construction funding for ships vital to our Navy's future. I am in support of this legislation and urge my colleagues to pass H.R. 5122.