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ment, and acquisition programs is provided in the "DOD Chemical and Biological Defense Program Annual Report to Congress," last submitted in April 2002.

32. Senator LANDRIEU. General Myers, I gather that the FDA just approved the license to produce anthrax vaccine last week. I understand that the Joint Chiefs believe it is important that our troops are protected against anthrax. What is the Department's plan to protect our forces against anthrax and other biological warfare threats?

General MYERS. The Joint Chiefs and I are concerned about the health and safety of all service members, especially those assigned or deployed to high threat areas. The Department of Defense is currently reviewing the Anthrax Vaccine Immunization Program to determine the best courses of action to provide protection to our service members. In addition to the anthrax vaccine, commanders have and will continue to employ other pillars of our Force Health Protection program to include the use of protective gear, biological agent detectors, ongoing medical surveillance, intelligence gathering, and stockpiling antibiotics for use in treatment should it be nec

essary.

QUESTIONS SUBMITTED BY SENATOR DANIEL K. AKAKA

OPTEMPO

33. Senator AKAKA. General Myers, as you pointed out in your written statement, while our forces are bravely securing our homeland and conducting offensive operations on the war on terrorism, they also remain engaged in a number of other important missions. Could you please comment on the impact that maintaining the OPTEMPO has on military readiness for both the short-term and long-term?

General MYERS. While the current operations tempo from the war on terror is manageable, we should remember that this is wartime and it will cause us to necessarily push our forces harder. Sacrifices are being made and will have to continue to be made. This is particularly true for some of our specialized assets, called "low density/high demand" assets, which are being deployed at high operational levels. That said, we continue to do everything we can to alleviate the stresses on these forces by ensuring balanced force rotations and providing appropriate rest, refit, and training periods. For the long-term, we will strive to address the fundamental causes of deployment stress. The fiscal year 2002 and 2003 budgets help fix some of our "low density/high demand" intelligence, surveillance, and reconnaissance assets. We've also made tremendous strides in recent years providing our people a comprehensive set of quality life improvements, especially in the areas of pay, housing, and health care. We have stocked our spare parts shelves, funded our maintenance depots, and enabled our training pipelines. We have established a system to track and compensate individuals who are frequently deployed, and are working to address all the issues involved in sustaining our military capabilities. These actions will help ensure America's military is ready to respond to the demands the war on terrorism puts on us.

RESERVE PERSONNEL

34. Senator AKAKA. General Myers, you mentioned the substantial contributions our Reserve personnel are making to current operations. How long does the Department expect to sustain this level of Reserve commitment? Will we be able to sustain an additional activation of Reserve personnel in similar numbers?

General MYERS. While the current operations are certainly demanding, our Reserve component forces are ready, willing, and more than able to answer the call. Our Reserve components (RC) are completely integrated into our war against terrorism. Under the current partial mobilization authority, we should be able to sustain our current level for several years. Only a small percentage of our RC forces have been mobilized and we can use members not currently mobilized to satisfy future requirements. Because we do have a large pool to draw from we are able to support an additional mobilization of similar numbers. We also plan to reduce our Reserve component forces as quickly as possible where they are used as an interim capability, such as airport security. We'll need the continued support of employers and families so our Reservists and Guardsmen can continue to serve their country.

QUESTIONS SUBMITTED BY SENATOR BILL NELSON

CONCURRENT RECEIPT

35. Senator BILL NELSON. Secretary Rumsfeld, the budget request does not include funding necessary to allow concurrent payment of retired pay and disability compensation (estimated to cost $3 billion annually). Do you believe that offsetting military retired pay by Veterans Administration disability compensation is a just and fair treatment of our retirees and their families?

Secretary RUMSFELD. We are concerned about this important issue and are currently reviewing the matter as requested by Congress. We will provide any recommendations after that review is complete.

36. Senator BILL NELSON. Secretary Rumsfeld, why did President decide not to include this funding in his request this year?

Secretary RUMSFELD. The matter was under review, but the review is still pending. Once the review is complete, we will provide appropriate recommendations, if any.

37. Senator BILL NELSON. Secretary Rumsfeld, how did you advise the President with regard to this funding?

Secretary RUMSFELD. Once the review is complete, we will provide appropriate recommendations, if any.

JOINT PRIMARY AIRCRAFT TRAINING SYSTEM

38. Senator BILL NELSON. Secretary Rumsfeld, in your fiscal year 2003 budget request the Air Force buys 35 T-6A (Texan) aircraft for their Joint Primary Aircraft Training System (JPATS) program. In fiscal year 2002 they bought 45. The Navy has again failed to fund their share of this important modernization program in this request. Congress has urged the Navy to get this program back on track as a matter of pilot safety, quality training, and reduced operating costs. The older Navy trainers are much less safe and a 4-year delay in procurement is not trivial. Please explain the apparent contradiction in Department of Defense's position that accelerates the retirement of legacy aircraft such as Huey Helicopters and Navy F-14 Tomcats, but specifically allows the Navy to ignore the benefits of accelerating its own training aircraft modernization program.

Secretary RUMSFELD. As part of the fiscal year 2003 submission process, a prioritized review of Navy programs was conducted similar to that conducted in fiscal year 2002 when JPATS procurement was initially deferred. The Navy remains committed to the decision to maximize the remaining service life of the T-34C with a "just in time" procurement strategy for transitioning to JPATS. The T-34C aircraft has an excellent safety record; it is reliable and economical to operate and has service life remaining to meet current and future training commitments. The Air Force has a legacy trainer, the T-37 that is at the end of its useful service life and it needs to procure JPATS now. The Air Force bought 40 T-6s in fiscal year 2002, and recently accelerated its planned buys for fiscal year 2004-2007.

MILITARY CONSTRUCTION

39. Senator BILL NELSON. Secretary Rumsfeld, the budget request reduces funding for "low priority" new construction that was planned in previous years. It also attempts to reduce some of the backlog of facilities maintenance and repairs. New construction has been slowed obviously in anticipation of BRAC authority in fiscal year 2005. What specific guidance have you provided the services and CINCs with regard to planning, programming, and budgeting for new military construction and what kinds of projects are acceptable or not?

Secretary RUMSFELD. BRAC was not a consideration when determining construction projects. The military construction projects in our fiscal year 2003 request were based on mission criticality without regard to specific installations.

Our guidance to the components was to plan, program, and budget in such as way as to improve, over time, the recapitalization rate to meet relevant life expectancy benchmarks with our goal being 67 years on average; restore the readiness of facilities to minimum C-2 status; and constrain "new footprint" facilities while eliminating any remaining excess capacity so we can achieve a net reduction in capacity.

MILITARY CONSTRUCTION PLANNING

40. Senator BILL NELSON. Secretary Rumsfeld, how long a view is reflected in this MILCON request—that is, are you trying to avoid committing to construction at installations that may change after 2005, or are you looking well into the future, carefully considering how to station the force into the century? For example, all Atlantic Fleet nuclear aircraft carriers are crowded into Naval Station Norfolk. Is it wise to allow this concentration of valuable, somewhat vulnerable ships to continue, or would it be more prudent to have the flexibility to station our nuclear aircraft carriers at other locations?

Secretary RUMSFELD. The services assessed both short- and long-term factors in developing their fiscal year 2003 military construction requests. All the military services are continually assessing the risk of attacks on our forces and continually planning to optimize protection for our people, our ships, and the other components of our defense force. The advantages of concentration include economics, the efficient and effective use of available infrastructure, and improving the effectiveness and efficiency of antiterrorism protection. As you infer, however, there are certainly some potential disadvantages as well.

Thus, the services will continue to consider facility investments in light of operational requirements as well as many other factors. We must ensure that our infrastructure appropriately supports those requirements. Specifically, the fiscal year 2003 military construction request is focused on resolving critical readiness shortfalls as determined by the services.

NORTHERN COMMAND

41. Senator BILL NELSON. Secretary Rumsfeld, Gen. Peter Pace, Vice Chairman of the Joint Chiefs of Staff, disclosed plans at the National Defense University last week to create a new “Northern Command" that would be responsible for defending the borders, coasts, and airspace of the United States. We understand that you plan to present to President Bush a new unified command structure for just such a headquarters. Do you envision that this command will be a regional combatant command like Central Command, a functional command like Transportation Command, or both, like our Special Operations Command?

Secretary RUMSFELD. I envision that Northern Command (NORTHCOM) will be a regional combatant command.

42. Senator BILL NELSON. Secretary Rumsfeld, what will be the role of the National Guard in this concept?

Secretary RUMSFELD. DOD is studying the missions and associated force requirements for NORTHCOM, including the appropriate relationship between NORTHCOM and National Guard forces.

43. Senator BILL NELSON. Secretary Rumsfeld, do you contemplate recommending change to National Guard structure?

Secretary RUMSFELD. DOD is studying the missions and associated force requirements for NORTHCOM including any proposed changes in National Guard structure.

44. Senator BILL NELSON. Secretary Rumsfeld, will their relative priority for resources increase as a function of this increased allocation to CINC operational plans?

Secretary RUMSFELD. As the defense strategy makes clear, the highest priority for the U.S. military is to fulfill its specified responsibilities to defend the U.S. homeland. Having appropriate Active and Reserve component forces ready for homeland defense missions is therefore a first concern for the Department. Once the Combatant Commander for Northern Command is in place, he or she will develop plans within the Command's area of responsibility for my review and consideration. All Active and Reserve component units apportioned to those plans must be adequately resourced for their assigned missions.

45. Senator BILL NELSON. Secretary Rumsfeld, over the years, our National Guard's support for state counterdrug efforts has paid huge dividends in reducing drug traffic and terrorist threats along our borders. The counterterror benefits of these programs are apparent; however, the Department of Defense consistently under funds this effort in annual budget requests. Will this new command also take

on responsibility for the Department of Defense's support for counterdrug operations?

Secretary RUMSFELD. The Department is currently reviewing the missions that U.S. Northern Command will undertake with regards to homeland defense and civil support. The Department provides considerable support to civil authorities in the area of counternarcotics. We are also currently reviewing DOD counternarcotics policy. Therefore, it would be premature to commit to any future role the new command may have in the counterdrug program.

46. Senator BILL NELSON. Secretary Rumsfeld, what is your commitment to the National Guard's participation in counterdrug/counterterror operations in support of state law enforcement agencies?

Secretary RUMSFELD. The Department is currently reviewing our counternarcotics policy. Therefore, it is premature for me to commit to any future level of National Guard participation in counterdrug operations in support of state law enforcement agencies.

47. Senator BILL NELSON. Secretary Rumsfeld, how will this command be funded and have you considered giving this command the same somewhat independent budget authority as held by Special Operations Command?

Secretary RUMSFELD. The Department is examining various funding mechanisms for U.S. Northern Command as part of its ongoing planning process for the Command's establishment.

SPACE

48. Senator BILL NELSON. Secretary Rumsfeld, the Department of Defense budget request indicates a range of support for increased or improved capabilities in space to support military operations-particularly in intelligence, geo-location, and communications. The budget request also reflects significant disappointment that some important space programs have failed to progress adequately-such as reduced funding for Evolved Expendable Launch Vehicle. The Department of Defense's emphasis appears to be on the payload, but there is significant risk to our national capacity to reliably get our critical defense systems into space without support for the launch programs, such as NASA's Space Launch Initiative, and our human space programs. Sen. Mikulski recently (January 28, 2002, Aviation Week) "cautioned" NASA to maintain the "firewall" between military and civil space activities. This cautious approach to NASA-Department of Defense cooperation ignores the reality of urgent requirements for greater inter-agency integration to save money, and denies NASA a critical and appropriate role in supporting public safety and global security. I have argued that a national space policy that limits the Department of Defense's role in reusable launch vehicle development may need to be revisited to allow significant Department of Defense contribution to ÑASA's Space Launch Initiative. What is your position on the future of cooperation with NASA for critical common space functions such as space lift?

Secretary RUMSFELD. The Department of Defense is currently working directly with NASA in developing a long-term investment strategy for next-generation reusable launch vehicles. This strategy identifies opportunities for investment by the Department of Defense to develop critical technologies to support military unique requirements as well as partner with NASA's Space Launch Initiative to develop technologies that would address both agencies requirements for a next-generation space launch system.

49. Senator BILL NELSON. Secretary Rumsfeld, because of the decision to reduce funding for Evolved Expendable Launch Vehicle (EELV), are you planning to use future space shuttle missions for military payloads?

Secretary RUMSFELD. The reduction in the request for the Evolved Expendable Launch Vehicle program in our fiscal year 2003 budget was a result of satellite schedules for Department of Defense satellites moving to the right. Given the recent success of the heritage launch programs and the progress of the Evolved Expendable Launch Vehicle (Atlas V, Delta IV) development, the shuttle option is not being considered for primary military payloads. However, DOD will continue to use the shuttle for a variety of space experiments and small payloads. As you are aware, the EELV strategy is predicated on dual compatibility of the two vehicle systems, providing back up for each other. At this time, none of the DOD primary payloads are configured for space shuttle flight and no funding identified for requisite shuttlebased upper stages.

50. Senator BILL NELSON. Secretary Rumsfeld, how does this budget request specifically reflect progress toward accomplishing the recommendations of the Space Commission you chaired recently?

Secretary RUMSFELD. The Department of Defense is currently working to implement the recommendations of the Space Commission. With respect to this budget, the Department has established a "virtual" Major Force Program for Space to increase the visibility into the resources allocated for space. This “virtual” Major Force Program is identified in this budget and in the Future Years Defense Plan by specific and exclusive program elements.

51. Senator BILL NELSON. Secretary Rumsfeld, what significant organizational changes and program priorities are captured in this request?

Secretary RUMSFELD. The Department of Defense, in response to the recommendations of the Space Commission, has made several organizational changes. The Department has nominated a four-star general officer to be the Commander of Air Force Space Command and has assigned responsibility for the Command of Air Force Space Command separately from CINCSPACE. The newly confirmed Under Secretary of the Air Force has been appointed as the Director, National Reconnaissance Office. The Secretary of the Air Force has been delegated milestone decision authority for all Space Major Defense Programs with the authority to redelegate to the Under Secretary of the Air Force. The Secretary of the Air Force has been delegated authority, in coordination with the Secretaries of the Army and the Navy, to implement actions with regard to space acquisition streamlining. The Air Force has reassigned Space and Missile Systems Center from Air Force Materiel Command to Air Force Space Command. Upon confirmation of the Under Secretary of the Air Force, the Air Force disestablished the position of the Assistant Secretary of the Air Force. The Air Force has assigned the Space and Missile Systems Center Commander as the Program Executive Officer for Space and has assigned the Program Executive Officer directly to the Under Secretary of the Air Force. The Department of Defense is currently working to implement the additional recommendations of the Space Commission which will result in further organizational changes.

With respect to this budget, the Department's space program priorities consist of military satellite communications (MILSATCOM) satellites and terminals including the Mobile User Objective System, laser communication capability, Global Positioning System modernization, and Space Based Radar.

QUESTIONS SUBMITTED BY SENATOR JEFF BINGAMAN

NUCLEAR WEAPONS

52. Senator BINGAMAN. Secretary Rumsfeld, the Nuclear Posture Review reduces the count of nuclear weapons to about 1,700, but essentially keeps intact the number of warhead systems that will be deployed. Will the Department of Defense work to ensure that through the Nuclear Weapons Council that a reduction in the number of warheads as called out by the Nuclear Posture Review does not necessarily translate into a reduction of the stockpile stewardship program whose purpose is to maintain the warhead systems without resorting to testing?

Secretary RUMSFELD. The reduction in the number of operationally deployed strategic nuclear warheads to 1,700–2,200 does not in any way reduce the requirement that the U.S. nuclear stockpile remain safe and secure. Indeed, reductions in operationally deployed warheads increase the need to assure reliability of remaining forces since a technical problem could have greater significance than at current levels.

The Defense Department relies on the Department of Energy (DOE) to ensure that U.S. nuclear weapons are safe and reliable, thereby maintaining the credibility of our nuclear forces. DOES stockpile stewardship program monitors the status of existing warheads to verify their safety and reliability. DOD participates in this activity through the Nuclear Weapons Council.

53. Senator BINGAMAN. Secretary Rumsfeld, the ongoing Afghanistan situation has shown that the conflicts of the future will involve a close merger between Special Forces, our "5th uniformed service," and our civilian intelligence agencies. What is the Department doing to understand and institutionalize the organizational relationship that has evolved between the civilian intelligence agencies and Special Forces so that it becomes more mainstream?

Secretary RUMSFELD. The relationship between the Special Operations Force's community and civilian intelligence agencies has always been a strong one. This has

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