[Senate Hearing 119-77]
[From the U.S. Government Publishing Office]


                                                         S. Hrg. 119-77

                DEFENSE MOBILIZATION IN THE 21ST CENTURY

=======================================================================

                                HEARING

                               BEFORE THE

                      COMMITTEE ON ARMED SERVICES
                          UNITED STATES SENATE

                    ONE HUNDRED NINETEENTH CONGRESS

                             FIRST SESSION

                               __________

                             MARCH 6, 2025

                               __________

         Printed for the use of the Committee on Armed Services

[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

                 Available via http: //www.govinfo.gov

                                __________

                   U.S. GOVERNMENT PUBLISHING OFFICE                    
60-351 PDF                  WASHINGTON : 2025                  
          
-----------------------------------------------------------------------------------     

                      COMMITTEE ON ARMED SERVICES

  			ROGER F. WICKER, Mississippi, Chairman
  			
DEB FISCHER, Nebraska			JACK REED, Rhode Island
TOM COTTON, Arkansas			JEANNE SHAHEEN, New Hampshire
MIKE ROUNDS, South Dakota		KIRSTEN E. GILLIBRAND, New York
JONI ERNST, Iowa			RICHARD BLUMENTHAL, Connecticut
DAN SULLIVAN, Alaska			MAZIE K. HIRONO, Hawaii
KEVIN CRAMER, North Dakota		TIM KAINE, Virginia
RICK SCOTT, Florida			ANGUS S. KING, Jr., Maine
TOMMY TUBERVILLE, Alabama		ELIZABETH WARREN, Massachusetts
MARKWAYNE MULLIN, Oklahoma	        GARY C. PETERS, Michigan
TED BUDD, North Carolina		TAMMY DUCKWORTH, Illinois
ERIC SCHMITT, Missouri			JACKY ROSEN, Nevada
JIM BANKS, INDIANA			MARK KELLY, Arizona
TIM SHEEHY, MONTANA                  	ELISSA SLOTKIN, MICHIGAN                                     
                                  

		   John P. Keast, Staff Director
		Elizabeth L. King, Minority Staff Director


                                  (ii)

  
                             C O N T E N T S

_________________________________________________________________

                             March 6, 2025

                                                                   Page

Defense Mobilization in the 21st Century.........................     1

                           Member Statements

Statement of Senator Deb Fischer.................................     1

Prepared Statement of Senator Roger F. Wicker....................     1

Statement of Senator Jack Reed...................................     2

                           Witness Statements

McGinn, John G., Ph.D., Executive Director, Greg and Camille          4
  Baroni Center for Government Contracting, George Mason 
  University's Costello College of Business.

Michienzi, Christine, Ph.D., Founder and Chief Executive Officer,    15
  MMR Defense Solutions, and Former Senior Technology Advisor to 
  the Under Secretary of Defense for Acquisition and Sustainment.

Berteau, The Honorable David J., President and Chief Executive       25
  Officer, Professional Services Council.

Questions for the Record.........................................    39

                                 (iii)

 
                DEFENSE MOBILIZATION IN THE 21ST CENTURY

                              ----------                              


                        THURSDAY, MARCH 6, 2025

                              United States Senate,
                               Committee on Armed Services,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 9:30 a.m., in 
room SD-G50, Dirksen Senate Office Building, Senator Deb 
Fischer presiding.
    Committee Members present: Senators Fischer, Rounds, Ernst, 
Sullivan, Schmitt, Sheehy, Reed, Shaheen, Blumenthal, Hirono, 
Kaine, and King.

            OPENING STATEMENT OF SENATOR DEB FISCHER

    Senator Fischer. Good morning. I would like to call the 
hearing today to order. The hearing is on defense mobilization. 
I am pleased to welcome three witnesses to testify today.
    Jerry McGinn is a widely published former DOD [Department 
of Defense] official who worked at the heart of the Pentagon's 
industrial base efforts.
    Chris Michienzi brings a similar resume. She spent much of 
her career inside the Industrial Base Policy Office at DOD.
    Dave Berteau comes to us from the Professional Services 
Council. Before that, he served as the Assistant Secretary of 
Defense for Logistics and Materiel Readiness, early put 
industrial base revitalization--there seems to be an error 
here. Before that he served as Assistant Secretary of Defense 
for Logistics and Materiel.
    Welcome to the witnesses. Senator Wicker, the Chairman of 
the Committee, is detained for a little bit, and when he comes 
he will enter his testimony into the record.
    [The prepared statement of Senator Roger F. Wicker 
follows:]

             Prepared Statement by Senator Roger F. Wicker
    Today, we face an uncomfortable truth: The United States is 
unprepared for a protracted conflict. This is not conjecture. The fact 
is borne out by history, current assessments, and the demands of modern 
warfare. The Department of Defense and the defense industrial base are 
not ready to mobilize to meet a large-scale extended conflict.
    If large-scale conflict were to erupt, critical systems would be 
depleted in a matter of days. We would probably lose anti-ship cruise 
missiles, air defense missiles, and even unguided bombs more quickly 
than we could replenish them. Our industrial base does not have the 
capacity to surge production because we have not made the plans or 
investments that would give it that ability. After decades of off-
shoring, our critical minerals and rare earth supply chains are 
brittle. Often, our adversaries control these supply chains. We put up 
roadblocks that make it hard for commercial companies to enter our 
defense industrial base. The Pentagon rarely coordinates with other 
government agencies like the Department of Commerce and FEMA. Both 
would be necessary for mobilization. The DOD has very little analytical 
capability to develop strategies that would address protracted 
conflict, strategies that it could then give to senior defense leaders 
and Congress.
    This Committee is going to address these problems. We will get to 
work this year, in the National Defense Authorization Act (NDAA) for 
fiscal year 2026. To begin that process, I am pleased to welcome three 
witnesses to testify today. Jerry McGinn is a widely published former 
DOD official who worked at the heart of the Pentagon's industrial base 
efforts. Chris Michienzi [MACKENZIE] brings a similar resume. She spent 
much of her career inside the Industrial Base Policy office at DOD, and 
Dave Berteau comes to us from the Professional Services Council. Before 
that, he served as the Assistant Secretary of Defense for Logistics and 
Materiel Readiness. I appreciate all of you for being here to share 
your expertise on this crucial problem.
    Industrial mobilization does not happen overnight. It requires 
years of pre-war preparation during peacetime. World War II showed us 
the power of mobilizing 20,000 companies before conflict began. Today, 
we lack that foresight and scale. Clearly put, industrial base 
revitalization is not optional. It is existential.
    We must take action by rebuilding domestic manufacturing. The 
United States should be able to produce what we need without being 
reliant on foreign suppliers for resources from steel to 
semiconductors. Our manufacturers will not be able to surge capacity in 
a crisis of tomorrow unless we make investments today in idle plants, 
worker retraining, and material prepositioning. These actions would 
echo the successful, pre-World War II planning efforts, but they would 
be tailored to today's threats. We will need to expand and streamline 
the Defense Production Act and undertake a wholesale modernization of 
the Pentagon's industrial base policy office.
    We must explore the use of purchase commitments and lean on the 
Office of Strategic Capital to provide loans and loan guarantees for 
crucial production lines. New sources of supply will need to be 
qualified, with an emphasis on advanced manufacturing technologies that 
can quickly shift between civilian and military production. We must 
incorporate our allies and partners by making it possible to co-produce 
weapons with them.
    This challenge is bigger than the Pentagon alone. Numerous agencies 
will have to cooperate. The Department of Commerce must help secure 
supply chains. The Treasury Department will need to freeze the assets 
of adversarial companies. Energy will drive power production, and Labor 
will train workers. Every corner of American society--private industry, 
universities, even local communities--must contribute, just as they did 
when Ford built bombers and Kaiser churned out Liberty ships.
    The cost of inaction would be catastrophic. It would far exceed the 
cost of action right now. A lengthy war would expose our fragility. One 
conflict could erode deterrence and embolden adversaries. We cannot 
repeat the complacency of the interwar years, when unpreparedness 
invited aggression. Congress must act now to fund stockpile expansion, 
incentivize domestic production, and mandate interagency plans for 
rapid mobilization. This is not about one weapon or one war. We need to 
restore America's ability to deter aggression and to defend itself and 
its allies if necessary. I look forward to hearing from our esteemed 
witnesses on how we bridge this gap. The clock is ticking, and history 
will judge us by our resolve. I now recognize my friend and Ranking 
Member, Senator Reed.

    With that I would like to recognize the Ranking Member, 
Senator Reed.

                 STATEMENT OF SENATOR JACK REED

    Senator Reed. Thank you very much, Senator Fischer, and I 
want to welcome our witnesses. Dr. Christine Michienzi, Dr. 
Jerry McGinn, and Mr. David Berteau, thank you very much for 
joining us.
    This is a very important conversation, and we are fortunate 
to have such a distinguished panel before us.
    Throughout history, we have consistently seen nations with 
well-prepared militaries lose to nations with superior 
industries. The ability to deploy well-trained troops and 
advanced weapons to the front line is important in any armed 
conflict, but the ability to sustain those forces with adequate 
amounts of supplies and munitions is just as important.
    The Defense Acquisition University defines industrial 
mobilization as, quote, ``the process of marshaling the 
industrial sector to provide goods and services, including 
construction, required to support military operations and the 
needs of the civil sector during domestic or national 
emergencies.'' Put more simply, industrial mobilization 
represents the Defense Department's ability to call on the 
private sector in times of crisis.
    I am concerned that the United States is not currently 
prepared to do this effectively in a sustained, large-scale or 
protracted conflict. The war in Ukraine and the incredible 
amount of military support we have provided has been vital for 
Ukraine's survival, but it has exposed our own industrial base 
vulnerabilities. We have learned that our capacity to provide 
vast amounts of artillery shells, precision munitions, and 
other modern weapons in a rapid, responsive way, is much more 
limited than we realized. Our capacity has expanded 
significantly over the past 3 years, but we have relied on 
existing tools such as the Defense Production Act to overcome 
supply chain problems and increase production. Any future 
conflict we may face, particularly in the Indo-Pacific, will 
require much greater levels of military-industrial capacity, as 
well as interagency coordination to leverage a whole-of-
government response.
    The process for large-scale mobilization dates back the 
World War II era. When America entered the war, there was an 
enormous increase in military production of ships, planes, 
artillery, vehicles, and more, which eventually earned us the 
title as the ``Arsenal of Democracy.'' However, we must not 
forget that the industrial ramp-up actually began long before 
the war started, and did not yield significant results until we 
were years into the fight. This is an important lesson we 
should remember today. Industrial mobilization does not occur 
overnight.
    Further, while we have a useful model from our experience 
in World War II, it is not a blueprint for the future. We must 
recognize that the industrial base of today is very different 
from any period in the past, especially considering our 
reliance on information technology and software-based systems. 
We will need to mobilize different sectors of the economy and 
workforce unlike any time before. Moreover, we cannot assume, 
as we did in World War II, that our production facilities will 
be safe from kinetic or cyberattack or that we will have 
uncontested supply lines for materials. I would ask our 
witnesses to discuss the lessons they have drawn from the war 
in Ukraine and what processes they believe need to start now so 
that the United States is prepared to win the next contest.
    This Committee has spent years examining the challenges 
around this issue. We have worked to identify supply chain 
problems and to improve investments in long-lead items for the 
military. In recent National Defense Authorization Acts, 
Congress has directed the Department of Defense to stress-test 
its industrial mobilization and supply chain capabilities. The 
Department has found a number of challenges, including 
integration of software and information technology, but it is 
clear that material and labor shortages are the biggest 
problems to increasing production.
    Indeed, there is nothing more important for our defense 
mobilization strategy than our workforce, the men and women in 
the defense acquisition corps and the personnel in the defense 
industrial base. We cannot solve our industrial mobilization 
and acquisition problems without an adequate supply of skilled 
and trained workers.
    I would note that acquisition reform is necessary, but it 
is not sufficient to address the broader issues of industrial 
mobilization. In a crisis, having an acquisition system that is 
efficient and effective is important, but production capacity 
is far more so. Many of the policies and processes we put in 
place in peacetime for the sake of efficiency may actually be 
counterproductive in a prolonged crisis. That is why I am so 
troubled by the mass firings of the defense civilian workforce 
which the Administration is undertaking right now.
    The urgency around these issues has never been clearer. As 
Russia continues its onslaught against Ukraine, and China 
calculates its own potential expansion, we have to make sure 
our defense industrial base is able to adapt, scale, and 
outpace our competitors in the 21st century. I would ask our 
witnesses' thoughts on how we might overcome this challenge, 
and how we can ensure that the workforce in place is there to 
do so.
    Thank you again to our witnesses, and thank you, Senator 
Fischer.
    Senator Fischer. Thank you, Senator Reed. Again, welcome to 
the panel.
    Dr. McGinn, you are recognized for your opening statement.

 STATEMENT OF JOHN G. McGINN, Ph.D., EXECUTIVE DIRECTOR, GREG 
 AND CAMILLE BARONI CENTER FOR GOVERNMENT CONTRACTING, GEORGE 
        MASON UNIVERSITY'S COSTELLO COLLEGE OF BUSINESS

    Dr. McGinn. Thank you, Chairwoman Fischer and Ranking 
Member Reed and members of the Committee. Good morning. It is a 
privilege to be here and thank you very much for having this 
hearing on this important topic, which is a critical issue 
facing the Nation.
    The United States has the most lethal and capable fighting 
force in the world. Full stop. But as we have seen in recent 
war games, as well as in challenges that Senator Reed alluded 
to in production capacity for munitions, we have real 
industrial base capacity challenges.
    These challenges led me to do a study that addressed the 
following question, ``How well is the U.S. defense industrial 
base prepared to mobilize in the event of a major conflict?''
    The short answer, published in our report, ``Before the 
Balloon Goes Up,'' is that our ability to win a major war with 
a near-peer competitor is very much at risk. Unless senior 
officials across Washington and industry pursue bold actions 
immediately, we face potentially catastrophic consequences 
should the balloon go up in East Asia or elsewhere.
    Drawing on historical and recent case, we developed a 
series of recommendations to enable industrial mobilization. I 
would like to focus on two areas specifically. One is the 
authorities and planning capabilities, and then second, our 
ability to scale.
    In the area of authorities and planning, as you all know 
very well, the government's ability to mobilize industrial base 
starts with our legal authorities and the policies and plans. 
The famous War Production Board of the Arsenal of Democracy in 
World War II helped organize government and industry to address 
those challenges. Similarly, during the Iraq and Afghanistan 
wars, the development of the MRAP, the Mine-Resistant Ambush 
Protective vehicles, the use of the Defense Production Act was 
critical to help produce those vehicles, and then we all saw 
the power of DPA [Defense Production Act] during COVID.
    Overall, our legislative authorities are strong, but I 
think there are several opportunities before us. The first, as 
you know, DPA is up for reauthorization this year. DPA has had 
tremendous impact on rebuilding and shoring industrial base 
capacity, and it is essential to reauthorize DPA and keep it 
focused exclusively on national security issues, particularly 
threats from China.
    DPA Title III is an important tool for building industrial 
capacity. The use of purchase commitments under Title III would 
be a great way to enable strong demand signal for industrial 
capacity and capabilities such as specialty chemicals and 
critical materials. But currently, purchase commitments are not 
allowed, or not enabled, because the DPA funds are being 
appropriated with procurement dollars, which expire, as opposed 
to traditional DPA appropriations, which do not expire.
    there is a real opportunity in another section DPA, Title 
VII, where we have two sections of authority that have not been 
used since the cold war, that are really powerful. One is 
section 708, which allows the creation of voluntary agreements 
between government and industry that allows collaborative 
industry-government engagement on critical supply issues. We 
have a few of these available now, but if we would really kind 
of invest in these efforts, we could have that collaboration we 
had during the War Production Board years.
    The second section is Section 710, which allows the 
creation of what is called a National Defense Executive 
Reserve, which is essentially a group of industry experts that 
can come into government during a crisis. This is a tremendous 
authority that has not been used since the 1980's.
    the other thing we need to do on the planning side is we 
have to restart mobilization planning. That ended in the early 
1990's. We have to build this across the U.S. Government, and 
then we also have to relook some of the executive orders that 
govern DPA.
    Transitioning from authorities to our capabilities, we 
really have to focus on turbocharging our efforts to change how 
we design, resource, acquire, and sustain capabilities. As the 
Ranking Member talked about, it is not just about acquisition 
reform. It is about how we buy. We have to design things for 
production. We have to focus less on requirements and have more 
adaptive ways to create technologies. More resources would be 
helpful, of course, but another way that we can go beyond 
appropriations is to really tap the power of U.S. capital 
markets as one of our strengths. So building on the authority 
that you all created with the Office of Strategic Capital, 
there is opportunity to grow the scale of investments, so 
private capital can make larger bets in investments.
    On the areas of production, we have gotten the prototyping 
game down, but it is really now the time to transition more to 
production, and there are ways to do that through other 
transaction, follow-on production agreements, more buying of 
attritable systems and unmanned systems, and the like.
    Then finally the area of sustainment is, frankly, our 
biggest challenge, being able to do logistics at scale, and 
there we can actually do things like create contract line 
items, or CLINs, that develop surge capacities. So instead of 
having canalized, very limited supply runs, you can have the 
ability to grow that. Also, second sourcing and multi-sourcing 
are important options to be able to create more capacity.
    One final point I would like to make is on allies and 
partners. Our recent experience has made it crystal clear we 
need a larger industrial base. Engaging our closest allies, 
those with whom we go to war, through robust industrial 
partnerships will help us build overall capacity.
    Unfortunately, time is not on our side. If the Davidson 
window is correct, we have 2 years, and it takes a while, as 
the Senator alluded to, to mobilize. The Trump administration 
and Congress, in partnership with industry and our allies and 
partners, must harness innovation, manufacturing capacity, and 
other means to unleash the true strength of our industrial base 
to deter our enemies in today's very dangerous world. The time 
to do this is now, before the balloon goes up. Thank you very 
much.
    [The prepared statement of Dr. John G. McGinn follows:]
      
    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
    
      
    Senator Fischer. Thank you, Dr. McGinn. Dr. Michienzi.

  STATEMENT OF CHRISTINE MICHIENZI, Ph.D., FOUNDER AND CHIEF 
  EXECUTIVE OFFICER, MMR DEFENSE SOLUTIONS, AND FORMER SENIOR 
   TECHNOLOGY ADVISOR TO THE UNDER SECRETARY OF DEFENSE FOR 
                  ACQUISITION AND SUSTAINMENT

    Dr. Michienzi. Thank you, Chairman Fischer, Ranking Member 
Reed, and distinguished members of the Committee for the 
opportunity to speak with you today on defense modernization, 
which is essential for our Nation's security.
    The defense industrial base necessary to build our DOD 
systems is fragile, but this fragility did not happen 
overnight. Key decisions by the U.S. Government and industry 
have played a very large role. For instance, decades-long 
private sector and public policy approaches to domestic 
production prioritized low, short-term costs over security, 
sustainability, and resilience. So the industrial base has 
become optimized for efficiency and not resiliency.
    Just-in-time deliveries versus inventories of long lead 
time items cut warehousing costs and increased efficiency but 
limits industry's flexibility and responsiveness. The DIB 
[Defense Industrial Base] has many single and sole-source 
suppliers due to the decades of consolidation. Often those are 
foreign adversarial sources that are cheaper but can introduce 
risk.
    At OSD [Office of the Secretary of Defense], I was in the 
trenches of mobilization efforts for almost a decade. I was the 
lead for DOD for scaling up production for all of the weapon 
systems we were sending to Ukraine, a function I led for 
various crisis scenarios since 2017. I was also very involved 
in DOD's efforts in response to COVID-19, working with the 
interagency partners, using the defense production authorities 
Jerry talked about, Titles I, III, and VII, to execute CARES 
Act funding to increase production of medical resources, 
including prioritization and allocation of supplies, which 
becomes important when we are trying to mobilize and surge, and 
providing financial support to DOD's suppliers.
    As the United States is supporting two conflicts and 
preparing for potential conflict in the Indo-Pacific region, it 
has become clear that the DIB is not equipped to mobilize to 
support the existing activities, much less a competition with 
China. Although there are, and continue to be multiple efforts 
aimed at mitigating shortfalls that support mobilization, there 
are some systemic issues and causal factors that are not being 
addressed.
    The most important of these is DOD's acquisition behavior. 
I am not referring to acquisition reform here, such as 
different ways of doing contracting, but to the decisions that 
are made by the acquisition community that are the root causes 
of many of our supply chain issues.
    The industrial base is very seldom a consideration when 
most acquisition programs make certain decisions, such as 
increasing or decreasing procurement quantities, or even 
analysis during major milestone decisions. When mitigating 
supply chain issues, DOD is often treating the symptoms and not 
the cause. I will highlight two representative examples, but 
there are many more I can elaborate on.
    The government is funding efforts to reshore and ally shore 
critical supply chains, and partners and allies are critical to 
solving this issue. However, if we do not bring demand back to 
those more secure sources, they will not survive. Even though 
DOD programs have the authority to direct sources of supply, 
they most often do not, letting industry choose. Because 
industry is profit driven, they will almost always choose the 
cheapest source, which is unfortunately often a Chinese or 
other adversarial source, or a more secure source.
    DOD reinforces this behavior by choosing the lower-cost 
proposal among technically equal options. Industry will not 
risk losing a contract by using a higher-cost supplier, even if 
that supplier is more secure. DOD also does not like to direct 
sourcing because it shifts liability from industry to 
government if something goes wrong with that material or 
component. But if we are truly going to have secure suppliers 
for these critical items, DOD and other agencies, because DOD 
is often only 1 to 2 percent of the demand, should be required 
to use a U.S. or allied source if one is available, that meets 
requirements, and also to incentivize industry to use those 
sources with policies, such as price preferences and contract 
selection, for instance.
    Another example is one of the major constraints we face 
when scaling production for weapon systems for Ukraine and 
other crises, and something that continually plagues DOD, which 
is obsolescence. The way DOD deals with obsolescence is 
reactive and ad hoc, at best. With a few exceptions, programs 
do not plan or budget for obsolescence, choosing instead to 
wait until an obsolescence issue occurs to determine a 
mitigation plan and scramble to find funding to execute that 
plan before time runs out.
    Obsolescence was the main reason we could not make more 
Stinger and PAC-3 Patriot missiles when the Ukraine conflict 
started initially. Acquisition program managers and even 
service acquisition executives have told me they cannot afford 
to budget for obsolescence, but many studies have shown that 
being proactive by planning and budgeting in advance saves time 
and cost. Programs should be required to plan and budget to 
deal with obsolescence more proactively.
    Last, as we have been trying to mobilize the DIB to support 
various efforts, I am often asked why can't we do what we did 
in World War II, as described in the book, Freedom's Forge. I 
gave a lecture each year on mobilization to the entire class of 
the National Defense University's Eisenhower School, and one of 
the slides I always presented was ``Why not Freedom's Forge?'' 
Where I outlined the conditions that were very different 
between what was happening, and Senator Reed mentioned one of 
those, and what is happening now that make it impossible to 
replicate that scenario. I am happy to discuss these in further 
detail.
    I will stop there by saying I appreciate the Committee's 
leadership and focus on this strategic topic and in helping in 
any way I can. I have submitted written testimony for the 
record, and I thank you for the opportunity to testify today, 
and am happy to answer any questions you may have.
    [The prepared statement of Dr. Christine Michienzi 
follows:]
      
    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
    
    Senator Fischer. Thank you, Dr. Michienzi.
    Mr. Berteau, you are recognized for your opening statement.

  STATEMENT OF THE HONORABLE DAVID J. BERTEAU, PRESIDENT AND 
     CHIEF EXECUTIVE OFFICER, PROFESSIONAL SERVICES COUNCIL

    Mr. Berteau. Thank you, Senator Fischer, Senator Reed, and 
the Committee. We really appreciate the opportunity to be here 
today.
    I am David Berteau. I am the President and CEO [Chief 
Executive Officer] of a trade association, the Professional 
Services Council. What I need to reflect for the record is I am 
here today in my personal capacity, and opinions and 
suggestions that I make today are my own and not those of my 
organization, who would otherwise be considered guilty.
    There has been a lot of talk about the World War II example 
of full-scale mobilization, and really in American history we 
have really only had two such examples, the other one really 
being the Civil War. As old as I am, I was not alive to 
participate in World War II, as part of that process, but my 
experience is actually in a different segment that has already 
been touched on a little, and that is the cold war, and 
particularly the Reagan buildup during the cold war.
    I arrived at the Pentagon in 1981, served there until 1993, 
and was very actively involved in a number of issues there. 
There are a couple of lessons I would like to propose to you 
from that period of time, that may be relevant to the 
discussion today.
    The first is that we actually had an operational plan and a 
scenario on which we could calculate what our mobilization 
requirements were. It was, in fact, Soviet tanks coming through 
the Fulda Gap in Germany and invading Europe. That was the 
driver. That was the thing that if we did not prevail there, we 
would go nuclear, and a global nuclear war was clearly not an 
option we wanted to pursue, although we were prepared for that.
    How were we able to use that? We were able to build the 
requirements and actually secure the funding from the Congress, 
because we had a common agreement between the White House, the 
Pentagon, and the Congress as to what the threat was we were 
facing and what the scenarios were on which we would have to 
plan and be prepared to execute. So the first thing is we had 
that common ground.
    I do not think we have that today, and I think one of the 
most important things this Committee can do is drive us to get 
that common understanding of what the scenario is. We had an 
operational plan, which is the fight today piece, and then we 
had a scenario which is how that evolves over time. We need 
that in place today.
    By the way, by being able to do that, we were able to 
propose funding for surge capacity, for war reserve spares, for 
training, for sustainment investments, for actually deploying 
and being able to show that we were able to do this, and the 
appropriators would give us that money because it was justified 
and everybody agreed on the basis for it. We don't have that 
today.
    An example of that, in fact, one of the lessons from 
Ukraine is the multiyear procurement for expanding munitions 
production capacity. The Pentagon's first submission to the 
Congress was decremented by a lot of the extra money that was 
going to go into building the multiyear procurements for many 
of those programs because there were higher priorities the 
committees had to achieve than to put those in place. 
Ultimately that got fixed, but it took a long time to get 
agreement on that. So we have to have that agreed-upon set of 
scenarios on which to base requirements.
    The second thing that we learned from that cold war 
experience is the best way to deter was to demonstrate--
demonstrate, not put on paper, but demonstrate--that we had the 
capacity to deliver that. So every year we would have massive 
exercises, where we would literally deploy forces from the U.S. 
and sustain those forces in operations in Europe, thousands and 
thousands of troops from all the NATO [North Atlantic Treaty 
Organization] countries combined, clearly showing the Soviets 
that we could make it work. That demonstrated capacity, I 
think, is the second key lesson.
    The third key lesson, that has been referred to a lot here, 
is the partnership with industry, and that partnership with 
industry is oftentimes an arm's length partnership. Dr. 
Michienzi did a good job describing some of the flaws in that 
process, and I think that partnership has to include long-term 
contracts. It has to include stable designs, so you can 
maximize productions. That is one of the biggest advantages we 
actually had over Germany in World War II. Hitler and his team 
could not stop putting change orders into programs because new 
stuff would come along and they would actually stop production 
in order to do it, whereas we would actually move those new 
ideas into the next iteration of different aircraft, so we 
maximized production while still getting the benefits of new 
technology and research and development. We did that throughout 
the war.
    The fourth lesson is the reliance on allies and partners. 
Senator Reed, you mentioned INDOPACOM and the China threat. DOD 
uses the word ``the pacing challenge.'' I think it is actually 
much bigger than pacing, but it is the threat, but it is not 
the only threat, and I think the big difference between even 
the cold war as well as World War II is the changing nature of 
the threat and the much more complex nature of that threat. 
Allies and partners are a key piece to this.
    Then the fifth lesson, I think--and we did not really learn 
this lesson very well through the Reagan buildup--is 
mobilization is much more than just defense and much more than 
the defense industry. It is the whole nation. You mentioned 
workforce, sir, and we have got a shortage of workers. We have 
kind of come out of that bathtub from COVID where we had twice 
as many vacant jobs as we had people looking for work. But 
throughout the industry, both in the production end and in the 
services and sustainment end, we have got a shortage of workers 
today that is continuing going forward there.
    So those are five lessons I think that would be useful for 
this Committee to undertake. My one suggestion to you is I 
think it is time--and I do not think you have time to wait--I 
would suggest that this Committee direct DOD to do, between now 
and the time you go to conference, a full-blown exercise of, 
say, what do our mobilization requirements really look like, 
what is the scenario on which we base that. You need that as a 
Committee before you finalize the fiscal year 2026 National 
Defense Authorization Act.
    With that I will--I have got negative time to yield back, 
so I do not actually have any time to yield back, but I stand 
ready for your questions.
    [The prepared statement of Mr. David J. Berteau follows:]

                 Prepared Statement by David J. Berteau
    Chairman Wicker, Ranking Member Reed, Members of the Committee: 
thank you for the opportunity to appear before you today to talk about 
Defense Mobilization in the 21st Century. I'm David Berteau, President 
and CEO of the Professional Services Council, but I appear before you 
today in my personal capacity. I have a bit of history on this topic, 
and my comments and suggestions today are my personal views.
    Oftentimes, the starting point for discussion about defense 
mobilization is our American experience during World War II. The might 
of industry was harnessed to defeat the Axis powers and secure peace. 
Much has been written about that, and I suspect that the committee is 
familiar with some of the historical lessons. I can go into some of 
those during questions, if you desire.
               cold war mobilization planning (1981-1989)
    Let's look at a more recent period, the mobilization plans and 
preparations during the Reagan buildup at the height of the cold war. I 
was working at the center of that buildup for Defense Secretaries 
Weinberger and Carlucci, and I draw some of the lessons from that time 
that may be relevant for today.
    The Reagan buildup during the 1980's was driven by the need to 
counter the Soviet threat in Europe. We built plans for surge in the 
event of conflict and for mobilization in the event of protracted 
conflict. Importantly, the Department of Defense programmed money--and 
included it in the President's budget requests--to support those plans. 
Because we had a solid, programmatic basis for those funding requests, 
Congress appropriated funds in the billions of dollars.
    How did we justify that? The executive and legislative branches 
held a shared view on the fundamental threat: a Soviet invasion of 
central Europe through a geographic feature known as the Fulda Gap in 
Germany. We had a clear understanding of Soviet forces, capability, and 
intent. We built our force structure to respond to that threat. We 
exercised, not on paper, but in the real world--deploying, sustaining, 
and training U.S. armed forces to demonstrate our ability to respond to 
an invasion. These exercises enabled us clearly to identify shortfalls 
in weapon systems, munitions, material, logistics and support 
(including port capability on both sides of the Atlantic), personnel, 
and training. We worked to address those shortfalls through investments 
in excess capacity in manufacturing and production, in stockpiling 
parts and supplies, and in aligning repair cycle times with crew 
training cycles. We bought, assembled, and forward deployed six army 
divisions worth of material, equipment, and ammunition. Congress funded 
these efforts because we had clear requirements that were tied to 
actual operational plans and scenarios. Much of the funding would also 
cover our needs for what we called ``leaser included cases,'' meaning 
wars of smaller magnitude than the Soviet invasion of Europe.
    Today, it is much harder for us to replicate what we did in the 
1980's. The threats are broader, deeper, and vastly more complicated, 
including cyber-and space-based threats that are unconstrained by 
geography. The basis for devising requirements is not a single 
overwhelmingly prominent scenario against which we would plan for surge 
and mobilization. Instead, we develop a range of sometimes redundant, 
sometimes overly specific requirements based on multiple scenarios. Yet 
to my knowledge, DOD does not have a set of scenarios on which everyone 
agrees we should base the demand, the needs, the requirements, for 
near-term surge in the event of conflict and longer-term mobilization 
for protracted conflict.
    In other words, the first lesson from cold war mobilization plans 
in the 1980's is the need for a comprehensive and agreed-upon set of 
scenarios on which to base those requirements. These scenarios must 
include the full panoply of threats.
    The second lesson of my cold war experience is that demonstrated 
capability is the surest form of deterrence. It is vital to have more 
than just paper plans in place. In those days, we demonstrated, with 
real world exercises and deployments, the capability to deliver on 
those plans. Of course, those demonstrations might fall short of what 
we really needed in some areas, and I suspect the Soviets could see 
that as well as we could. However, the best way to justify the 
necessary expenditures to address shortfalls was to prove them. That's 
what annual exercises did.
    The third lesson is the fundamental need for the government to 
partner with industry. That partnership must include long-term 
contracts, including stable designs that can maximize production rates 
in parallel with the ability to incorporate innovations and new systems 
and processes. Based on requirements, DOD must identify and fund needed 
excess capacity. This partnership relies on mutual trust, with each 
partner living up to its contractual commitments, including timely 
payment of invoices.
    The fourth lesson is the essential importance of allies and 
partners around the world. Those partnerships depend upon being able to 
train, exercise, and ultimately fight together. There is no substitute 
in this area for a common set of assumptions about scenarios and for 
actual real-world practice.
    The fifth lesson, one to which we paid little attention at the 
time, is that mobilization is far more than a Defense Department 
undertaking. True national mobilization, such as America has only 
experienced twice in our history, involves the entire national economy. 
In my memory, DOD just assumed that would happen. We never actually 
practiced it.
                           lessons for today
    What do those lessons mean for today and the coming decade?
    Today's threats are different, more diverse, and harder to respond 
to. They include space and cyber threats and asymmetric responses to 
the deployment, use, and sustainment of U.S. and allied forces. In a 
report to DOD in 2012, I studied the force posture requirements of the 
so-called ``pivot to Asia,'' and America was not then-and I suspect is 
not today--ready to sustain a long-term conflict across the Pacific. 
Complications might well arise in the form of conflict in Europe, on 
the Korean peninsula, in the Middle East, or elsewhere.
    To me, the most important task that I draw from those lessons is 
that the Nation needs a clearer understanding of what mobilization 
requires. What are the demands? What happens if we don't meet them?
    I suggest that this Committee immediately require DOD to undertake 
a comprehensive mobilization wargame, one that assumes the full array 
of current and emerging threats, including truly contested logistics in 
theater and around the world. The Committee could require that the 
output of that wargame be a comprehensive, prioritized summary of needs 
that are more than simply a list of stockpiled munitions or increased 
production rates from weapon systems. The list of needs should also 
include requirements for logistics and support, fuel resupply, 
sustainment and repair, operational flexibility in theater, personnel 
and training, and the impact of attrition from enemy forces.
    The list of needs should also address steps needed to maximize the 
integration of government and industry. Among those needs are 
improvements in the DOD acquisition system for all companies and a 
focus on outcomes, including faster times to delivery of results.
    I suggest that the Committee direct such an undertaking be done 
now, with the results provided to the Committee in time to incorporate 
into conference negotiations for the final fiscal year 26 National 
Defense Authorization Act. That timetable can help ensure your ability 
to respond in this next bill rather than waiting another year.
    Chairman Wicker, Senator Reed, I think you again for the 
opportunity to join you today. I have much more that I'd like to cover, 
and I look forward to your questions. Thank you.

    Senator Fischer. Thank you, Mr. Berteau.
    We will have 5-minute rounds, and I will begin with 
questioning.
    I strongly believe the Administration should maximize its 
use of the Defense Production Act. They have the authority to 
address challenges in our defense industrial base. However, I 
am concerned by the expanding definition of what qualifies as 
national defense. For example, in 2022, President Biden invoked 
the Defense Production Act to ramp up domestic production of 
clean energy technologies.
    Dr. McGinn, how should the Defense Production Act be used 
for defense mobilization? Should the DPA investments be focused 
on areas clearly related to the national defense of this 
country?
    Dr. McGinn. Thank you very much, Senator Fischer. Yes, the 
Defense Production Act is an incredibly powerful tool, and it 
is best used for national security defense purposes, and that 
is how it has been used during the development of the MRAP 
[mine resistant ambush protected vehicle] during the 
Afghanistan and Iraq war, that is how it was used during COVID, 
and that is how it is being used to rebuild our defense 
industrial base in areas such as rare earth processing, 
castings and forgings, and the like, specialty chemicals.
    So that is how it is best used, and the more it is focused 
on national defense, it is not a political issue. Therefore, it 
is a national security issue.
    Senator Fischer. Thank you, and Dr. McGinn, how should the 
Act be used for defense mobilization? Should the investments be 
focused on areas clearly related to being able to get that 
done? I'm sorry, Dr. Michienzi.
    Dr. Michienzi. Thank you. I just wanted to make sure. Yes, 
it should absolutely be focused on mobilization efforts, but 
some of the efforts that DPA is funding now, it is difficult 
sometimes to realize that those go toward mobilization. So 
things that Jerry mentioned such as rare earth processing and 
critical chemicals.
    Senator Fischer. Would you look at any statutory changes, 
to be able to make it work and make it identify truly what is 
national defense? Is there anything we need to be looking at 
here?
    Dr. Michienzi. I think making sure that it is centered on 
national defense issues and national security is critically 
important, as Dr. McGinn mentioned, because we do not want to 
dilute the efforts of the DPA that are being very successfully 
used currently and can be used going forward.
    Senator Fischer. Okay. Thank you. Dr. McGinn, on January 
2024, the Department released its first National Defense 
Industrial Strategy, and later, in October, released an 
implementation plan. What is your assessment of the strategy?
    Dr. McGinn. Well, I think the strategy did a very good job 
at kind of bringing together a lot of efforts that have been 
led across recent administrations. One of the interesting, good 
things about this area is it is very bipartisan. There have 
been a lot of similar themes being addressed across the Obama 
administration, through the Trump administration first, through 
Biden, and today.
    I think the strategy did a good job at identifying the 
progress that has been made but also setting a vector for the 
future. I think there were a number of good things in that 
report. I particularly liked the focus on the importance of 
production as well as the importance of working with allies and 
partners. The key will be kind of how that is instantiated in 
the 2026 budget submission.
    Senator Fischer. Are there any additional areas that you 
would recommend the Department would consider that maybe we are 
lacking from the previous strategies?
    Dr. McGinn. Yes, I think two things I would recommend. One 
is mobilization. It is mentioned briefly in the strategy, but 
there is no talk about restarting mobilization planning. There 
actually are program elements in the Army, Navy, Air Force, and 
Marines for mobilization, but they are really all about 
prepositioning equipment and the like. There is no kind of 
planning function that is being done today. That all stopped, 
and that needs to be restarted.
    Then the other area, the strategy talks a lot about 
building exportability in systems, that is building systems so 
that we can share them with our partners and allies. That 
requires investment, because you are going to have different 
capability levels of different missiles, going to different 
partners, depending on how close they are. So that requires 
investments on the front, and if that is a big priority, that 
needs to be invested in, in terms of making exportability a 
priority in acquisition and also investing in the technology 
needed to build that capability.
    Senator Fischer. Thank you. Senator Reed, you are 
recognized.
    Senator Reed. Thank you very much, Senator Fischer. First, 
let me commend you all on excellent testimoneys. Thank you. 
Thank you very much.
    Mr. Berteau, we have seen a lot of chaotic initiatives over 
the last several weeks, significant cuts of workforce, we have 
seen funding cuts that do not seem to be organized, and tariffs 
in place on Canada and other countries who presumably we would 
like to see work with us.
    Can you indicate or give an idea about the impact on these 
decisions with respect to mobilization of our industrial base?
    Mr. Berteau. Senator, let me think out loud with you a 
little bit on that, because I do not have a prepared script to 
answer that question. This is my eighth transition of one 
President to the next. My first one was President Carter to 
President Reagan, and every administration needs to, and does, 
undertake to make sure that the programs and projects across 
the Federal Government are in line with their priorities, and I 
think that is a lot of what is underpinning the efforts we have 
seen underway. It is being done differently than many have 
done, and one of the differences is stopping things while you 
are reviewing it rather than keep going while you are reviewing 
it.
    I think from a governmentwide point of view, this has 
caused a bunch of hiccups, but more importantly, there is a 
second element of that review, and that is do not just focus on 
the things you are going to stop, the money you are going to 
save, the reductions in workforce, unnecessary workforce, that 
you are going to do, and so on. You also have to focus on what 
you want to not only keep going but go further and faster. I 
think one of the things that we are trying to focus on is what 
are those areas. Clearly national security is a huge piece of 
that. Border security is another one. There are probably others 
that will emerge as part of that process.
    So I think my personal concern is that you need to actually 
undertake those places you are stopping or reducing or 
realtering and keep in mind you need to be able to keep the 
capacity and capability and competence in the government 
contractor community to be able to work while you are going 
forward. That is the touchstone, I think, that I would advise 
this Committee to look at it for.
    If I could add one thing on the DPA.
    Senator Reed. Yes, sir.
    Mr. Berteau. It is up for reauthorization this year. It is 
obviously not the jurisdiction of this Committee. I have been 
through two DPA reauthorizations, including one in 1990, where 
we actually let the Act expire under a veto threat because it 
got loaded up, Senator Fischer, as you indicated, with a bunch 
of things that did not really, from our perspective, contribute 
to national defense, and we let the Act expire. That is a 
dangerous time to do it. Saddam Hussein had just invaded 
Kuwait, and we did it, but it turned out there were other 
authorities we could use, for a short-term conflict such as 
that.
    I do think this would be important, and input from this 
Committee might be useful in that reauthorization in terms of 
looking not only at how the DPA has been used over the previous 
years but how it has not been used, and where you ought to view 
it. I agree with Dr. McGinn in terms of Title VII. DPA worked 
for me for a number of years. I exercised Title VII authority a 
number of times, and I think it really needs a refresh, because 
the nature in which DOD would use that authority today, in 
today's global economy, is very different than it was in the 
1980's.
    I am sorry for that sidebar, but I think that is an 
important think for you guys to look at.
    Senator Reed. Thank you, sir. Your comments, Dr. McGinn. We 
are running out of time, so if you could, with respect to the 
present sort of turmoil that we are witnessing and the impact 
on the industrial base.
    Dr. McGinn. Well, companies that support the government 
play critical roles in lots of different functions. The big 
thing that I am recommending is the importance of us restarting 
mobilization planning. That is not going to be impacted because 
it does not exist today.
    So that is something that has to be developed and is 
inherently a governmental function.
    Senator Reed. Thank you very much. Dr. Michienzi, we are 
much more reliant upon information technology and software-
based systems today than we were certainly in World War II and 
other periods of mobilization. When it comes to planning and 
preparing for industrial mobilization, how does this reliance 
change the situation?
    Dr. Michienzi. Well, luckily software and software systems 
have been, I would say, more adaptable than some of the 
hardware systems, as DOD tries to move forward. So they do 
things like agile acquisition, you know, refreshes and upgrades 
quite quickly.
    So I think software is absolutely key to any mobilization 
effort because that is what is controlling all of our command 
and control, for instance, C4ISR [Command, Control, 
Communications, Computers, Intelligence, Surveillance, and 
Reconnaissance]. So yes, it is absolutely essential.
    Senator Reed. Thank you very much. Thank you, Madam 
Chairman.
    Senator Fischer. Thank you, Senator Reed. Senator Rounds, 
you are recognized.
    Senator Rounds. Thank you, Madam Chair. First of all, thank 
you to all of you for being with us here today. We appreciate 
the time that you are taking from your schedules.
    For all of you, the fiscal year 2025 defense bill includes 
a provision from my office, Section 1074, a report on 
operational plans of the Department of Defense, which requires 
an assessment of the operational plans of the DOD in the event 
of multiple, concurrent contingencies or protected conflicts. 
This requirement reflects the reality that in the event the 
U.S. engages in hostilities with China, other adversaries, such 
as Russia and Iran, will press their own advantage in Europe, 
the Middle East, and elsewhere. Basically talking about if we 
have a conflict, we are going to have a conflict in more than 
one area or one theater at a time.
    What are some of the considerations that we must take into 
account when talking about a multi-theater mobilization, and 
what are some of the key shortfalls that you believe the 
Department should identify and highlight in their assessment? 
Dr. Berteau, would you like to begin?
    Mr. Berteau. Thank you, Senator. Let me again go back a few 
years. At the time of the cold war, we really only had one set 
of scenarios that we cared about, and that was the Soviet 
threat in Europe. Everything else was considered to be what we 
called a ``lesser-included case.'' That means whatever force 
structure and capability we would have to counter the Soviet 
threat would probably be sufficient to counter any other 
threat.
    After the end of the cold war, we changed that to several 
different iterations from a planning process point of view, 
including a two-war scenario, that essentially being the Middle 
East and Iran, Iraq, and the Korean Peninsula. It turns out, 
after 9/11, we discovered that lesser-included cases might be 
lesser but they were not included, so we had to have a big 
shift in terms of both our strategy and our force posture to 
deal with that.
    In 2012, I was charted by DOD to do the first assessment of 
what the force posture would be needed for the pivot to Asia, 
and what I discovered is there was no basis for that. Again, 
this was a greater not included, rather than a lesser included.
    So I think if you look at that evolution over time, the 
request of your provision is a very valuable and timely 
request. But it is important to note that that is only where we 
are today. So from the operational plan point of view it really 
focuses, from a combatant commander's point of view, of if I 
fight today, if I have to fight tomorrow, what do I have, what 
do I do, how do I use it, how do I sustain it, support it, et 
cetera.
    I think it needs to be much broader than that, of what is 
it in day 50? What are the lessons from Ukraine and almost 
every war we have entered in? It may look like it is going to 
be short at the beginning; it keeps on going. So where are you 
at day 700? I think that is another element that is useful to 
add on there, sir.
    Senator Rounds. Thank you. Dr. McGinn?
    Dr. McGinn. Thank you, Senator. Yes, thank you very much 
for that provision. I think that is important to really focus 
on operational plannings. But one of the things that is missing 
in most operational planning is the role of industry. One of 
the things that we saw when supporting Ukraine is the challenge 
of production, that we have got to really kind of be able to 
ramp that up, and that requires really close government-
industry collaboration.
    During the cold war we had these voluntary agreements that 
created integrated committees, that were focused on the 
production of 155 munitions, that were actually non-FACA 
[Federal Advisory Committee Act] boards that allowed for close 
collaboration between government and industry on production 
issues.
    So that needs to be part of the planning. We need to do the 
war games that have that, because you have seen the war games 
where if we have a Taiwan Strait scenario, we are out of 
Schlitz in 2 weeks on munitions.
    So we have got tremendous kind of industrial implications 
to these operational scenarios that have to be part of the 
planning going forward.
    Senator Rounds. Thank you. Dr. Michienzi?
    Dr. Michienzi. Real quickly, I will just add that the 
National Defense Strategy drives how the Defense Department 
looks at operational planning. So the current National Defense 
Strategy stays focused on China. Previous National Defense 
Strategies did include multiple conflicts at the same time and 
looking at that from an operational planning perspective. So 
National Defense Strategy would be helpful here if we are going 
to really, truly look at that.
    I do want to mention some of the impacts, though, are the 
types of munitions that we are going to use. In Ukraine, we are 
fighting mostly a ground war, so we are using a lot of 
artillery, mortars, things that we are absolutely not going to 
be using in a China fight. In a China fight we are focusing 
more on service launched, air launched long-range missiles. If 
we now have to add in another fight, say Korea, we are back to 
a partial ground war.
    So it really matters which fights we are looking at as to 
which parts of the industrial base we are trying to ramp up.
    Senator Rounds. Thank you. Thank you, Madam Chair.
    Senator Fischer. Thank you, Senator Rounds. Senator King, 
you are recognized.
    Senator King. Madam Chair, congratulations on your meteoric 
rise to the chairmanship. [Laughter]
    Mr. Berteau, I was really interested in your approach 
during the Reagan years of defining the scenario and then 
defining the strategy to meet it. Isn't that what is done now? 
I would assume that is exactly what is done. Or is it being 
done in too broad a sense without focusing on particular 
scenarios that would require a particular response?
    Mr. Berteau. So I should probably clarify my use of the 
words. So you have an operational plan which, from my 
perspective in history, is the today fight, with the forces 
today and the theaters they are in.
    Scenarios can go beyond that, both in terms of time and in 
terms of geography. What we had in the cold war was almost no 
difference between the operational plan in the fight today and 
what the long-term scenario would look like.
    Today, as we just heard in the discussion in response to 
Senator Rounds' question, we have a wide variety of potential 
conflicts that could arise. In addition, we have got----
    Senator King. But still, shouldn't we, within that wide 
variety we should try to choose the most likely. You cannot 
just throw up your hands and say, ``We have a very complex 
situation, and therefore we can't have a specific response.'' 
Should we not we be saying, ``Okay, this is the most likely 
scenario, and that is what we should be preparing for''?
    Mr. Berteau. I think you are right, sir. You need to figure 
out what you are going to base your requirements on and what 
you are going to spend your money on, and what comes first. You 
have to have a mechanism for prioritization. I think it is 
probably a combination of likelihood and probability, and I am 
certainly not qualified to put those on there.
    But it is also a question of where are the greatest 
stressors, and what are the vulnerabilities if we cannot meet 
those stressors. That could, in fact, require an integration 
across multiple scenarios to look at what is the aggregated or 
combined impact and effect and where are the greatest things 
where we need to put our resources first. We will never have 
enough money to do everything, so the question is where do you 
put it first.
    Senator King. The likelihood. A very quick, easy question 
for everybody. Can we all agree that continuing resolutions 
absolutely are not part of the solution to this problem?
    Mr. Berteau. Franklin Roosevelt did not face a single 
continuing resolution through the entire buildup to World War 
II and the execution thereof.
    Dr. McGinn. Yes, I concur.
    Senator King. All of you agree with that, and, of course, 
that is one of the difficulties that we are in now, and it 
creates all kinds of downstream effects with regard to the 
industrial base and preparation and everything else.
    Thank you for that. Let the record show continuing 
resolutions are not the way to do business, particularly in the 
defense area.
    All of you have mentioned something very interesting, which 
is allies are part of the solution, and it concerns me that we 
seem to be embarked on a course that at least is not 
encouraging to our allies, and in some cases is definitely 
poking our allies in the eye. Talk to me about the importance 
of allies in dealing with the production necessary for a 
significant conflict, whether it is Japan, the U.K. [United 
Kingdom], Canada, or other countries.
    Dr. McGinn. Our allies are important, sir, a key part of 
our industrial base, and we have a number of agreements and 
collaborative programs. I mean, the largest fighter program in 
the world, the F-35, we have a dozen partner countries, I 
believe.
    Senator King. So we cannot do this by ourselves. Is that a 
fair answer?
    Dr. McGinn. That is correct.
    Senator King. All of you are nodding. Could you say yes, 
because nods do not show up in the record.
    Dr. Michienzi. Yes.
    Mr. Berteau. Nods do not show up in the transcript either.
    Senator King. Exactly. One of the problems is the 
consolidation within the defense industrial base. How do we go 
about expanding the options available? One suggestion we had 
from one witness earlier was to go to major manufacturing 
facilities, Ford Motor Company, for example, and getting them 
engaged in military production as well as making F-150's. How 
do we expand the industrial base? Everybody comes here and says 
we need to expand the industrial base. Give me some practical 
suggestions as to how that might happen.
    Dr. McGinn. Senator, it is a great question, and I think, 
one, we have to recognize the consolidation of the industrial 
base that people talk about, it is largely a function of 
spending. During the cold war, during the 1980's, when Mr. 
Berteau was in the Pentagon, we were spending 5.5, 6 percent of 
GDP [Gross Domestic Product]. Now we are spending around 3. So 
you are going to have less companies in the overall system.
    Then something that Dr. Michienzi mentioned is that when 
your acquisition is focused on efficiencies, you want to buy 
the right system, for the right time, and what that ends up 
with is very limited production runs and/or production runs 
that last for, you know, when you have platform programs like 
the F-35, the Bradley fighting vehicle, the Abrams tank, they 
last for 40 years. So you have a prime contractor that has that 
market position.
    So my argument is that we have to change how we buy, which 
means buying more systems, buying from multiple sources, and 
you can do that very much with unmanned systems. With some of 
the platform systems you can do that, as well. There has been a 
lot of work done on second-sourcing back in the 1970's and 
1980's, where we were buying munitions from two suppliers and 
that reduces costs.
    So there are ways you can increase competition by changing 
your buying approach, and that has to get away from some of the 
efficiency focus and more on what capabilities and capacities 
do we need.
    Senator King. Well, and one of the particular things that 
ought to be part of this is modularity, so that you can upgrade 
without having to upgrade the entire platform.
    Dr. McGinn. Madam Chair, would you indulge me for one 
sentence? We just do not buy enough to keep more companies in 
business. We just do not buy enough. The reason we only have 
2\1/2\ manufacturers of tactical missiles is we only buy enough 
to keep 2\1/2\ companies in business.
    Senator King. Thank you. Thank you, Madam Chair.
    Senator Fischer. Thank you, Senator King. Senator Sheehy, 
you are recognized.
    Senator Sheehy. Thanks for appearing today. Mr. Berteau, 
you talked about the World War II construct obviously with 
regard to revisioning of product specifications and how we 
evolved that.
    I share the same concern, though, with regard to the 
customer has created this problem, i.e., the Pentagon has 
created this defense consolidation and the brittle supply chain 
we have. I am not confident that the government can be the 
solution to it either. How do we incentivize the industry, free 
market solutions, to actually create a resilient and 
diversified supply chain, rebuild the industrial base in a way 
that's resilient for a sustained conflict.
    Because during World War II, Japan and Germany had a very 
centralized defense acquisition ministry, specified everything 
from on high, and tried to control the entire process from A to 
Z. That worked very well early on, but it could not keep up 
with the sheer quantity required, and there is a certain amount 
of quality in quantity. So that strength, for us, came from the 
free market. It came from private companies, working in 
coordination, of course, with the government.
    But how do we take defense base that has largely been 
atrophied to the point of almost non-existence for quantity-
level manufacturing, and how do we incentivize the free market 
to outpace the government in fixing this solution?
    Mr. Berteau. Thank you, Senator. There are two ways to 
approach that. When I got to the Pentagon, there is this famous 
chart, if we went from 51 prime contractors down to 5. When I 
got to the Pentagon, all 51 were there. Why did they go away, 
during a buildup in which we were doubling the size of 
procurement and research and development expenditures in DOD?
    They went away for three reasons. No. 1 is even with those 
more dollars, there was not more quantity to buy. Second is we 
began to put more and more regulations on top, the compliance 
regulations. I am working on, and I will be glad to provide it 
to the Committee when I am finished, a comparison of the 
compliance requirements that a government contractor has, not 
just defense contractors but any government contractor, and 
what happens in the private sector. It is a list of at least 15 
or 20 things that cost more, take time, and do not really 
improve results, in my opinion. I think that is an important 
piece of it, as well.
    Ford Aerospace, Fairchild Industries, Sperry, Bose, GM 
[General Motors], they all went out of the defense business, in 
the middle of the buildup, because it was, two things. It was 
no longer--time, value, money in the private sector is way 
different than the time, value, money in DOD. So the returns 
were not there. The opportunities for better returns elsewhere 
were there.
    So you have to be able to counter that with government 
policies and programs that offset that risk-reward basis that 
the financial market is always looking for. I think that can be 
done, but that is not the path we are on right now.
    Senator Sheehy. So for any of you who choose to answer, 
then, how does the government remove the bureaucratic red tape 
that really creates the sclerosis in the acquisition chain, 
that disincentivizes companies from wanting to do business with 
the Pentagon, that we do not have to have SpaceX and Palentir 
sue the government to buy a solution that is better for the 
warfighter. That is what has been going on. A better solution 
could be sitting on the shelf, but since it does not comport 
with a dizzying array of byzantine regulations, either it is 
not purchased or that company has to sue the government to give 
the warfighter the equipment they need. So how do we change 
those regulations, quickly, internally, so people want to do 
business and want to support the warfighter?
    Dr. McGinn. Yes, great question, Senator. I would start, 
again, what is unique about the government contracting system 
is it is a monopsony. You have one buyer or different sets of 
buyers. They can set the market.
    So the power is in the hands of the government or the 
Department of Defense to change incentive structures, because 
companies--private companies, public companies--they respond to 
incentives. So the onus is on the Department to change those 
incentive structures, and Congress can help here, and a couple 
of ways that we can do that, that will create more 
opportunities for companies across the spectrum, is to bring 
the power of our capital system that you allude to, to bear. 
Because if we want to build factories in advance of need, that 
can be done through the government investing, but we are not 
going to be doing any more big CHIPs bills, that kind of 
government investment.
    But if you incentivize companies and create offtake 
agreements or financing programs that enable them to make a bet 
at below market rates, like the Department of Energy has, and 
builds off what the Office of Strategic Capital is doing, that 
is how you get lots of money, which is there, the private 
equity and venture capital money, to invest. That will help 
build capacity and build competitors for the Dept.
    Dr. Michienzi. Can I just add one quick thing? I think 
there also needs to be a recognition of risk acceptance in the 
Department. Contracting officers are personally liable for if 
something goes wrong with the contracting. Program managers are 
promoted if they produce things and nothing goes wrong.
    So there is a very low risk tolerance in the Department, 
and I think that contributes to the fact of not introducing new 
supplies, not wanting to change things, not wanting to bring in 
new industries. So I think there needs to be that piece of it 
that accounts for it, as well.
    Senator Sheehy. Thank you. Quantity, iteration, and speed 
are key, and what won World War II for us was not the 
capability of our technology. It was our ability to build lots 
of things fast and get them in the hands of our warfighter, so 
we have got to get back to that. Thank you.
    Senator Fischer. Thank you, Senator Sheehy. Senator Kaine, 
you are recognized.
    Senator Kaine. Thank you, Senator Fischer, and thanks to 
our witnesses.
    My concern about mobilization is heavily on the workforce 
side, and I think maybe because I am on the Health, Education, 
Labor, Pension I look at a lot of things through this workforce 
angle. But also in my dialog with our shipbuilders and ship 
repairs in Virginia and elsewhere, I am very, very nervous 
about us not having the workforce we need.
    I think this is sort of a long-term problem with birth 
rates declining, and they are not going to change immediately, 
and if they did we would not see it for 25 years. So I think 
there are some big picture solutions like a workforce-based 
immigration reform that we are going to have to grapple with to 
get this right.
    But I would love it if each of you could just address 
workforce strategies to help us with mobilization, and maybe 
even include workforce strategies that we could do jointly with 
allies. I will start with Mr. Berteau, because I know you 
talked about workforce in your opening statement.
    Mr. Berteau. Thank you, Senator Kaine. A lot of what we 
have already talked about has an impact on that, but I think 
there are two additional points that I would like to make here. 
One is, in fact, the impact of COVID and both the inflation and 
general costs and the increasing costs of labor over the last 5 
years.
    Many defense companies, and many other contractors in the 
rest of the Federal Government have bids that were put in 
place, accepted by the government, and contracts currently 
underway, that made assumptions about zero percent interest 
rate, very low inflation, a balance between job vacancies and 
those seeking to work, so a stable workforce, low unemployment. 
None of that is true over the last 5 years.
    Many of those contracts have not been adjusted. In fact, 
DOD is still issuing contracts today with an annual inflation 
clause of somewhere 1 or 1.2 percent, both for workforce, for 
wages and benefits, and for other costs associated with that. 
That is not only unrealistic, it leads companies to bid 
proposals that are inexecutable in the end.
    What have we done about this? This Committee actually put 
some language in a couple of years ago in the NDAA--I think it 
was 3 years ago now--that gave the Defense Department the 
flexibility, where funds were available, to offset some of 
those costs. We have seen very little effort on the part of the 
Defense Department to look at those economic price adjustments 
come into play.
    What is the result? You know this. You have got a starting 
welder salary at a shipyard, or even after a year of 
experience, that is substantially less than what that person 
can make at Walmart or Costco--not standing out in the cold or 
the heat. I mean, welding is an honorable profession, but it is 
hard work. I am not saying being a warehouseman at Costco is 
not hard work, but it is a lot easier on the body.
    So we have got to offset some of that or else we are never 
going to climb out of this hole.
    Senator Kaine. Could I ask Dr. McGinn and Dr. Michienzi.
    Dr. McGinn. Yes, thank you very much, Senator. I think one 
of the strengths of the workforce, the defense industrial base 
workforce, is the nature of the business. Unlike commercial 
industries, we generally have longer-term contracts, 5-year 
contracts, or 1-year with four options, that enables stability 
in the workforce. It enables companies to plan for the future.
    However, when you have continuing resolutions, as Senator 
King mentioned, and you have stability in budget, it makes it 
harder for companies to do that. So the more that Congress and 
the Department can create stable demand signals--and that is 
through things, like I mentioned, if you do purchase 
commitments for certain capabilities that you need, or you do 
multiyear procurement contracts, that enables kind of the 
stability to grow and stabilize workforce.
    Senator Kaine. Great. Dr. Michienzi, you have got a minute 
15, but the Chair may let you go just a little bit longer.
    Dr. Michienzi. Okay, thank you. It is a great question, and 
I have been involved in this very much as we have been scaling 
up production for Ukraine and other obstacles.
    You know, the quickest way to scale up is to increase 
capacity, if you are not already operating at full scale. But 
you need people for that, and it was always an issue to get the 
people, even if you had excess capacity, getting people to come 
on board to observe that excess capacity was difficult.
    A lot of it has to do with areas that these plants are 
located in. By design, they are in rural kind of areas that are 
not near exciting cities, so young people do not want to move 
there. So I think things that can build infrastructure and make 
those places better for young people and make them want to go 
there and want to stay would be helpful.
    It also goes to, when we were growing up we wanted our kids 
all to be engineers, right, not technicians. That was not 
considered a valued job description. So we need to make being a 
technician exciting, and there are some efforts in the 
Department to do that. So make sure that they understand that 
what they are doing is important, it goes direct to the 
warfighter, et cetera.
    Last, for allies, I have done a lot of work in that area. I 
was the lead for the Guided Weapons Explosive Ordnance Program 
with Australia. One of the things that we had proposed was, as 
they were trying to ramp up their capacity to make munitions in 
Australia, which they have not done in a long time, bring some 
of their folks over to train here and fill some of the 
workforce shortages that we had here, so it is a win-win. That 
is something that we should pursue.
    Senator Kaine. Which is sort of what we are doing with 
AUKUS [Australia, United Kingdom, United States] a little bit. 
We have Aussie shipbuilders and sailors here, training with us, 
so they can go back and do the same thing.
    Dr. Michienzi. We need to do more.
    Senator Kaine. Yes. Thank you very much. Thanks, Senator 
Fischer.
    Senator Fischer. Thank you, Senator Kaine. At this time I 
would like to ask unanimous consent to enter Chairman Wicker's 
prepared statement into the record.
    Senator Fischer. This concludes today's hearing. I would 
like to thank the witnesses for their testimony, and we are 
adjourned.
    [Whereupon, at 10:29 a.m., the Committee adjourned.]

    [Questions for the record with answers supplied follow:]

               Questions Submitted by Senator Tom Cotton
                         defense production act
    1. Senator Cotton. Dr. McGinn and Dr. Michienzi, the Defense 
Production Act (DPA) is one of the most important tools the Department 
of Defense (DOD) possesses to revitalize our woefully inadequate 
defense industrial base. Yet, DOD has historically struggled to 
effectively utilize the program, and the previous administration used 
DPA to fulfill non-critical priorities instead of defense needs. How 
should we reform the Defense Production Act to better suit DOD's needs?
    Dr. McGinn. DPA is indeed a very powerful Presidential authority. 
As I noted in my testimony, I believe that it is critical ``to keep DPA 
focused exclusively on essential defense and national security issues, 
in particular threats from China.'' \1\ I also proposed some specific 
recommendations to strengthen the DPA for the future:
---------------------------------------------------------------------------
    \1\ John G. McGinn, Testimony on Defense Mobilization in the 21st 
Century, U.S. Senate Committee on Armed Services hearing, March 6, 
2025. Available at https://www.armed-services.senate.gov/hearings/to-
receive-testimony-on-defense-mobilization-in-the-21st-century (accessed 
May 12, 2025).

      DPA Title I--Update executive orders and regulations. At 
the national level, the DPA is governed by a number of old and 
overlapping executive orders spanning numerous administrations that 
need to be refreshed and simplified. The Trump Administration should 
conduct a thorough review of relevant executive orders and regulations 
to better orient DPA policies and practices to address future national 
security challenges. \2\
---------------------------------------------------------------------------
    \2\ Jerry McGinn and Daniel Kaniewski, ``Where does the Defense 
Production Act Go from Here? Key aspects need strengthening,'' Defense 
One, November 24, 2020. Available at https://www.defenseone.com/ideas/
2020/11/where-does-defense-production-act-go-here/170301/ (accessed 
April 11, 2024).

      DPA Title III--Delegate determination authority and use 
purchase commitment authority. Title III is a tremendous tool for 
building industrial capacity. The non-delegable requirement for the 
president's signature on each DPA determination, however, has 
significantly slowed the process by which DPA projects are developed 
and executed. Allowing the delegation of that determination in the 
upcoming 2025 reauthorization of the DPA, perhaps to the Secretary 
level of those agencies with Title III authority,\3\ would 
significantly streamline the development of Title III projects.
---------------------------------------------------------------------------
    \3\ Currently DOD, the Department of Homeland Security, the 
Department of Energy, and the Department of Health and Human Services 
have been delegated DPA Title III authority.

       Another significant improvement would be the use of purchase 
commitments under Title III. All existing Title III projects are 
purchases under Section 303 of the DPA, but the authority also permits 
multiyear purchase commitments. Purchase commitments would allow DOD to 
create a guaranteed demand signal for an industrial capability over a 
mutually agreed upon period, thereby reducing risks for industry to 
make their own investments.\4\ Adding several purchase commitment 
projects could significantly help maintain capacity levels in areas 
such as critical materials and specialty chemicals to support future 
mobilization efforts. Purchase commitments, however, have not been an 
option recently because Congress has appropriated DPA funds over the 
past 3 years using standard Procurement funds which expire in 2 years, 
contrary to traditional DPA appropriations, which do not expire.
---------------------------------------------------------------------------
    \4\ Office of the Assistant Secretary of Defense (Industrial Base 
Policy) briefing, Defense Production Act Title III. Available at 
https://www.businessdefense.gov/ibr/mceip/dpai/dpat3/docs/DPA-TitleIII-
Overview.pdf (accessed April 11, 2024).

      DPA Title VII--Relook the use of voluntary agreements and 
the National Defense Executive Reserve (NDER). Two sections of DPA 
Title VII have been scarcely used since the end of the cold war but 
present a tremendous opportunity for future industrial mobilization. 
Section 708 permits the government to establish voluntary agreements or 
plans of action with industry ``to help provide for the national 
defense.'' \5\ The Administration, for example, could establish 
voluntary agreements to prepare stand-by industrial capacity for 
potential surge use during conflict. Further, these agreements could 
enable dynamic government-industry collaboration on production issues 
such as that during WWII's War Production Board. Section 710 of Title 
VII also permits the President to establish a NDER, a volunteer group 
of industrial executives to support mobilization efforts. The 
Administration should examine the utility of this authority to form on-
call groups of industry experts to serve in government during national 
emergencies. The Baroni team just completed a project addressing these 
two sections that can inform these efforts when published.
---------------------------------------------------------------------------
    \5\ 50 U.S.C. Sec. 4558(c)(1); Section 708(c)(1) of the DPA. See 
also, Neenan and Nicastro, The Defense Production Act, pp. 15-16.
---------------------------------------------------------------------------
    Dr. Michienzi. The DPA program at DOD has undergone major changes 
in the last couple of years that have made it much more effective than 
it had been previously. They have been able to have Presidential 
Determinations (required to spend DPA funds) approved that are broader 
in scope to help mitigate a larger number of industrial base 
shortfalls; they are able to use contracting vehicles--including an OTA 
that was approved last year--and other contracting entities besides 
Wright Patterson Air Force Base, which has made awarding grants much 
faster. The DPA executed almost one billion dollars in grants last 
year--proving that it is more efficient and effective than it was in 
the past. However, even with these changes, the DPA is not as 
responsive as it should/could be. A number of things could improve the 
use of the DPA--in peacetime, but especially in times of conflict or 
other crises.

    i. Delegating authority to fund industrial base shortfalls to the 
Secretary of Defense instead of the President. The current process to 
staff a package to the Secretary of Defense for approval prior to 
staffing it at the White House for the President's signature takes 
approximately 1 year. That timeline is no conducive to being responsive 
to industrial base issues.

    ii. Additional funding. The DPA needs to cover industrial base 
shortfalls in all sectors, so even though one billion dollars is a lot 
of money, it has to cover too much. Additional funding would enhance 
the DPA's effectiveness.

    iii. Restoring non-expiring funding. Without this, the DPA cannot 
issue purchase commitments, which is one of the most powerful aspects 
of the DPA--especially as the U.S. is trying to reshore critical 
industrial base capabilities. Providing grants solves the supply issue, 
but the demand issue will still remain, and those investments will be 
wasted if there isn't a means to bring demand to those new suppliers. 
Having off-take agreements and purchase commitments is one of the best 
ways to provide that demand.

    iv. Although all Titles (I, III, and VII) of the DPA can and should 
be used by other agencies under the right circumstances (response to 
COVID-19 for instance), the funding supplied to DOD's DPA Title III 
program should be used solely for defense purposes--to support 
industrial base shortfalls that have a direct tie to DOD systems. If 
other agencies, Congress, or the Administration wish to use DPA Title 
III authorities and grants, they should acquire separate appropriations 
to do so.

    v. DOD should make better use of provisions of Title VII of the DPA 
to 1) establish voluntary agreements with private industry to develop 
collaborative plans of action for national defense, including 
mitigating industrial base shortfalls--participants are granted relief 
from specific antitrust laws (Section 708), and 2) establish a 
volunteer pool of industry executives (National Defense Executive 
Reserve (NDER)) who could be called to government service in the event 
of a national defense emergency (Section 710).

    2. Senator Cotton. Dr. McGinn and Dr. Michienzi, do you believe 
congressional oversight of DPA would be more effective with 
congressional oversight by the Armed Services Committees?
    Dr. McGinn. I defer to the congressional Committees to determine 
the best manner of oversight of the DPA.
    Dr. Michienzi. I do not believe that there needs to be additional 
congressional oversight of the DPA.
                                arsenals
    3. Senator Cotton. Mr. Berteau, Dr. McGinn, Dr. Michienzi, while 
DOD has begun to modernize its organic industrial base, it is still not 
fully utilizing its arsenals and ammunition plants. Arsenals, including 
the one in Pine Bluff, Arkansas, are struggling to secure funding to 
modernize its facilities and boost output. How should DOD utilize 
existing arsenals and ammunition plants to expand desperately needed 
production capacity?
    Mr. Berteau. Senator Cotton, the Defense Department's organic 
industrial base consists of the maintenance and repair depots, 
shipyards, arsenals, munitions assembly plants, etc. Together, these 
organic industrial base components provide capacity and capability for 
current operations and future needs. DOD balances its budget 
investments in these areas with all the other competing priorities in a 
budget request that always faces shortfalls. This Committee might 
assess the soon-to-be submitted President's Budget Request for fiscal 
year 2026 for those shortfalls.
    There is a substantial negative impact on the organic industrial 
base, including arsenals, of short-term and repeated Continuing 
Resolutions. Pine Bluff will be better able to modernize its facilities 
and operations if Congress passes on-time full year appropriations for 
fiscal year 2026 and avoids both short-term and full-year Continuing 
Resolutions.
    Dr. McGinn. DOD should use the most cost-effective manner to expand 
production capacity for munitions and other capabilities. Arsenals and 
depots in the organic industrial base should definitely be considered 
as part of that assessment by DOD.
    Dr. Michienzi. Arsenals and ammunition plants have a role, but it 
is not to displace commercial industry. They should be used in sectors 
and for materials and components that are critically important to U.S. 
national security, that are DOD unique, and where poor business cases 
prevent private industry from maintaining capability and capacity. A 
prime example is 155mm ammunition, which is being used extensively in 
Ukraine. This is a DOD unique item that is critical for national 
security, and where private industry would have right sized itself to 
DOD demand (14,000 rounds a month prior to the Ukraine invasion). 
Luckily, the Scranton Army Ammunition Plant that produces those rounds 
had maintained some excess capacity, which allowed the Army to scale up 
production more quickly than having to expand or develop a new 
commercial facility. So where these conditions exist for other systems, 
the organic industrial base can and should be examined as an option. 
However, if there is enough demand and the item is commercial or has 
commercial applications, private industry will be best suited, as they 
will always be the most economical choice.
    4. Senator Cotton. Mr. Berteau, Dr. McGinn, Dr. Michienzi, would 
you recommend using the arsenals to establish secondary sources of 
critical supply chain choke points, such as nitrocellulose?
    Mr. Berteau. Senator Cotton, as this Committee and DOD continue to 
work on solving supply chain problems, it is useful to consider the 
potential of the arsenals to provide secondary sources of supply.
    Dr. McGinn. The organic industrial base is often used to develop 
capabilities that are military unique or not part of the commercial 
supply chain. To that end, nitrocellulose is currently produced at the 
Radford Army Ammunition Plant. Having a second source for 
nitrocellulose and other specialty chemicals or materials would be 
beneficial if there is a business case for its development.
    Dr. Michienzi. Given the above criteria, yes--this is a good use of 
the organic industrial base. DOD could split the procurement of these 
items to give just enough to the organic facilities to maintain the 
capability and capacity, while still utilizing mostly commercial 
industry, where available. Nitrocellulose is currently produced at 
Radford Army Ammunition Plant, so it may not be the best example, but 
there are plenty of other examples where this would apply.
                           critical minerals
    5. Senator Cotton. Dr. McGinn and Dr. Michienzi, can you explain 
why it is so dangerous for the United States to depend on Communist 
China for certain critical minerals?
    Dr. McGinn. It is very dangerous for the United States to be in a 
sole or single source situation with critical minerals or other 
materials to a Chinese source because the Chinese government can shut 
down exports of these materials at any time. In 2010, China restricted 
the export of certain rare earth materials to Japan because of a trade 
dispute, causing a worldwide spike in rare earth prices. \6\ Recent 
rare earth export restrictions in response to increased tariffs has 
further demonstrated this danger. Despite over $400 million in 
industrial base investment since 2020 in the United States to rebuild 
domestic industrial capacity in rare earth processing, the Chinese 
still have tremendous market power in critical minerals that are vital 
for commercial and defense products.
---------------------------------------------------------------------------
    \6\ Keith Bradsher, ``China Bans Rare Earth Exports to Japan Amid 
Tension,'' New York Times September 23, 2010. Available at https://
www.cnbc.com/2010/09/23/china-bans-rare-earth-exports-to-japan-amid-
tension.html (Accessed December 10, 2024).
---------------------------------------------------------------------------
    Dr. Michienzi. Critical minerals are used ubiquitously in both 
commercial and defense systems. They are used in almost everything the 
DOD builds and uses, but also in military and civilian critical 
infrastructure, medical devices, IT and communication equipment, and 
household appliances--to name a few. China has already restricted the 
exports of a number of critical minerals, including some rare earth 
elements, which has DOD scrambling to examine stockpiles and 
inventories and racing to expedite development of non-Chinese sources. 
And it's not the mines that are the issues--the U.S. and its allies 
have plenty of mines for these materials. It's the processing and 
downstream product manufacture that are the issue because China 
controls a large percentage of these industries. What we've seen so far 
are just shots across the bow. China knows exactly where our industrial 
base pain points are, and they know how to weaponize them. Taken far 
enough, these export controls could cripple both military and civilian 
life.

    6. Senator Cotton. Dr. McGinn and Dr. Michienzi, how important is 
it that we pursue other sources of critical minerals outside of China, 
both domestically, and in other countries like Ukraine, for example?
    Dr. McGinn. There are many sources for critical minerals outside of 
China. The United States and allies and partners such as Australia, 
Canada, Ukraine, and many others have deposits of critical minerals. 
The key, however, is the processing and refinement of these minerals 
and materials, not just the sourcing of the raw material. That is where 
China has the dominant market position. Increasing the capacity of 
domestic and allied sources for processing rare earths and other 
critical minerals should be the priority for near-term investments in 
my view.
    Dr. Michienzi. Critically important due to the reasons listed 
above. However, processing and magnet making should be the priorities 
for DOD since there are plenty of mines for these materials outside 
China.
                         foreign military sales
    7. Senator Cotton. Dr. McGinn and Dr. Michienzi, you've discussed 
the importance of sending a clear demand signal to industry so it has 
the predictability it needs to invest strategically in its supply chain 
and facilities. In addition to signaling U.S. demand for equipment like 
munitions, how do foreign military sales play a role in sending 
industry clear demand signals?
    Dr. McGinn. Foreign Military Sales (FMS) and direct commercial 
sales (DCS) send important demand signals to industry. FMS and DCS 
often help extend the life of a military program for years after the 
U.S. military stops buying them. The U.S. Army, for example, stopped 
purchasing Stinger missiles in 2002, but production continued for 
almost another 20 years based on FMS and DCS. Thus, when demand for 
Stingers suddenly spiked in response to Russia's invasion of Ukraine, 
there was a production line still in existence. Many other defense 
systems, such as the F-16 fighter jet and Patriot missiles, continue in 
production exclusively or largely because of FMS or DCS demand.
    Dr. Michienzi. Foreign Military Sales (FMS) can augment U.S. demand 
to industry for DOD systems. However, studies have shown that FMS is 
not a reliable enough demand to fill the gaps created by inconsistent 
DOD and congressional funding. This is mainly due to the reluctance of 
foreign partners to provide information on their projected demand. Even 
when DOD tries to calculate what the demand might be by including 
requirements for foreign partners in operational plans, it requires 
knowledge of those partners' inventories, which they also will not 
provide. This leaves DOD and industry in the dark, thereby not 
providing what could be a better demand signal.
                               __________
                Questions Submitted by Senator Jack Reed
                     impact of workforce reductions
    8. Senator Reed. Mr. Berteau and Dr. Michienzi, how do you believe 
that the steep and indiscriminate workforce cuts that are being 
proposed by the Trump administration will impact the Department's 
efforts to plan and prepare for defense mobilization in the event of a 
large scale or protracted conflict?
    Mr. Berteau. Senator Reed, I believe that DOD's total workforce 
(including military personnel, Federal civilian employees, and 
government contractors) MUST be aligned with its requirements. The 
reductions in force and employee terminations undertaken in the past 
few months exhibit no assessment of such requirements or alignment with 
personnel reduction goals.
    In the 1980s, I managed two such efforts. First, DOD conducted the 
first and only assessment of Flag and General Officer requirements. 
This work resulted in a reduction of nearly 10 percent of such 
officers, downgrading some to lower-level officers, eliminating many, 
and even elevating the requirements for some positions. The recent 
announcement by DOD of Flag and General Officer cuts have no 
discernible connection to any assessment of actual requirements.
    Second, under direction from this Committee, DOD conducted a full 
assessment of overall officer requirements, and the subsequent report 
to this Committee resulted in significant changes to DOD's officer 
corps in every military department, with some increases and many 
decreases.
    Similar efforts for civilian employees and contractors are more 
difficult to undertake, because those workforces respond to 
requirements that are generated with the budget. Prudent management in 
DOD would align workforce with budgeted work. The Committee will need 
to assess the Fiscal Year 2026 President's Budget Request for evidence 
of such alignment of work with workforce.
    Dr. Michienzi. DOD will need experienced people with expertise in 
multiple areas to prepare for defense mobilization. The current 
workforce cuts do not seem to be strategically planned to preserve that 
capability, while trying to achieve efficiencies. Developing a list of 
workforce skills necessary and matching it against requirements would 
make the effort more effective and still allow DOD to maintain the 
people necessary.

    9. Senator Reed. Mr. Berteau and Dr. Michienzi, in thinking about 
that, how do you think the proposed workforce cuts to other Federal 
agencies or entities that may support DOD in a whole-of-government 
effort for industrial mobilization will indirectly impact DOD efforts 
in this space?
    Mr. Berteau. Senator Reed, in my experience, such assessments are 
vitally important and take some time. Workforce reductions in other 
agencies may or may not affect DOD, and this Committee should consider 
such effects as it marks up the Fiscal Year 2026 NDAA. I am not aware 
of any attempt at DOD or in the other Federal agencies to assess the 
impact on DOD of cuts in those agencies.
    Dr. Michienzi. Preparing for defense mobilization requires a whole-
of-government effort. For instance, the Department of Education to help 
with workforce training, the Department of Transportation to enable 
movements of people and equipment, the Department of Commerce and the 
U.S. Trade Representative to help balance trade and the flow of goods 
into and out of the U.S. while preserving U.S. capability. The same 
strategic planning should be done at these agencies to ensure the right 
skill sets and capabilities remain.

    10. Senator Reed. Mr. Berteau, are there any lessons from your time 
working in the Department during the Reagan administration that might 
be helpful to keep in mind?
    Mr. Berteau. Senator Reed, I was in charge of overall DOD manpower 
requirements from 1986 through the end of the Reagan administration and 
continued in that role for the first 10 months of the following 
administration. The most important lessons include:

      DOD needs to assess workforce requirements and reflect in 
the President's Budget Request the resources needed to meet those 
requirements.

      DOD needs to consider the total costs of workforce in 
that assessment (keeping in mind that the full cost of contractors is 
known but the full cost of Federal civilians and military personnel is 
hidden in other accounts and hard to determine),

      DOD needs to consider the potential for surge capacity in 
that assessment.
                     information technology issues
    11. Senator Reed. Dr. Michienzi, to elaborate on my question to you 
on the challenges information technology (IT) and software-based 
systems pose for industrial mobilization, I am particularly interested 
in how the tangled supply chain for IT products-such as 
microelectronics or specialized materials-might be complicated in the 
event of a protected conflict with China. For instance, we saw how 
sanctions on Russia interdicted microelectronics to the point that it 
impacted how the Russians produced specific weapons. How are companies 
thinking about such supply chain disruptions might impact their ability 
to produce systems for DOD?
    Dr. Michienzi. Unfortunately, much of the supply chain that 
supports IT products is global, and much of it lies in China and/or the 
Asia Pacific theater. For instance, although the U.S. still leads in 
the design of semiconductors, roughly 75 percent of semiconductor 
fabrication and 98 percent of the packaging of those semiconductors 
occurs in the in that theater. Taiwan accounts for about 60 percent, 
South Korea 13 percent, and China 12 percent. Compare that to the U.S. 
which only produces about 14 percent and produces NO state-of-the-art 
semiconductors, which are what are primarily used in IT products. 
Critical minerals, which are used in semiconductors and other IT sub-
components are also primarily processed and made into finished goods 
such as IT systems in China. As we've seen with China's recent export 
controls, they can cutoff supply at any time, and this has already 
caused issues, with DOD scrambling to examine stockpiles and 
inventories and racing to expedite development of non-Chinese sources. 
Additionally, even if we are currently acquiring these things from 
allied nations such as South Korea, if a conflict should start between 
China and Taiwan, it will be difficult to ship anything from Asia-
Pacific theater countries. Companies should have learned lessons about 
this during COVID-19, when supplies of critical items from some 
countries were scarce or non-existent. And some companies have begun 
looking at alternate or second source suppliers that are less risky. 
However, as long as industry is profit driven and the U.S. remains a 
free-market society, most of industry will use cheaper vs higher priced 
but more secure sources. This is where the U.S. should use industrial 
policy to combat this--something it is reluctant to do. Not using 
industrial policy solutions is an adequate strategy as long as there is 
a level playing field. But as we know, this is not, and has not been 
the case. Many countries--and especially our adversaries--do not play 
by the same rules:

    i. They provide subsidies to their industries, and many are state-
owned:

    ii. They encourage over-production;

    iii. Which leads to dumping/flooding the market which drive prices 
down;

    iv. Which then drives out the competition, who cannot be cost-
competitive;

    v. This captures market share--monopolizes markets;

    vi. They weaponize this advantage--as China has recently with 
gallium, germanium, graphite, and other critical minerals;

    China has used this to great effect to capture and dominate markets 
such as rare earths and lithium for EV batteries and is now attempting 
to do so for semiconductors. The CHIPS Act and the export controls 
Commerce has put in place for manufacturing equipment for advanced 
semiconductors are examples of where industrial policy is necessary and 
has slowed China down, but we will not be able to stop them. They are 
currently concentrating on legacy or trailing edge chips which dominate 
critical industries such as automotive, aircraft, appliances, cell 
phones, medical equipment, critical infrastructure, and DOD weapons 
systems, until such time as they can catch up on leading edge.

    12. Senator Reed. Dr. Michienzi, are you aware if DOD in planning 
for industrial mobilization is considering these sorts of supply chain 
disruptions, and how might they be considering alternative or fall back 
approaches for dealing with them?
    Dr. Michienzi. Yes, DOD is very aware of these disruptions and has 
been tracking and mitigating them well before COVID-19 surfaced them 
for the general public and highlighted them for industry. OSD's office 
of Industrial Base Policy has made numerous investments, through both 
the Defense Production Act (DPA) Title III and Industrial Base Analysis 
and Sustainment (IBAS) programs, in critical capabilities within the 
U.S. where they have identified risks and issues. For example, during 
the previous administration, those programs invested 8$700 million to 
on-shore critical minerals mining, processing, and magnet making 
capabilities. They are encouraging industry to have better visibility 
and management of their supply chains, and they also work with the 
Services and Congress to provide incentives for using secure (U.S. or 
allied) sources vs. adversarial sources.
                               __________
             Questions Submitted by Senator Mazie K. Hirono
             trump administration's civilian workforce cuts
    13. Senator Hirono. Dr. Berteau and Dr. Michienzi, one of the 
biggest lessons learned from the World War II mobilization was that 
labor shortages were a huge challenge to increasing production. Given 
the potential for a conflict with China over the next several years, I 
would like you to comment on how President Trump, Elon Musk, and the 
Department of Government Efficiency's (DOGE) efforts of taking a 
chainsaw to the Federal workforce impacts our ability to properly 
mobilize for such a contingency, especially since we need a 2-year 
personnel ramp up to be in a position to be ready in time?
    Mr. Berteau. Senator Hirono, I highlighted these issues in my 
opening statement and during the hearing, particularly in the exchange 
with Senator Kaine. DOD workforce planning for military personnel and 
Federal civilians must include consideration of the lead times needed 
for such personnel to be proficient in their positions. In addition, 
DOD must include such considerations in its contracting processes and 
funding. Contracts that cap future compensation at rates below the 
national economy make it hard for companies to compete for the workers 
needed.
    Dr. Michienzi. DOD will need experienced people with expertise in 
multiple areas to prepare for defense mobilization. The current 
workforce cuts do not seem to be strategically planned to preserve that 
capability, while trying to achieve efficiencies. Developing a list of 
workforce skills necessary and matching it against requirements would 
make the effort more effective and still allow DOD to maintain the 
people necessary. In addition, preparing for defense mobilization 
requires a whole-of-government effort. For instance, the Department of 
Education to help with workforce training, the Department of 
Transportation to enable movements of people and equipment, the 
Department of Commerce and the U.S. Trade Representative to help 
balance trade and the flow of goods into and out of the U.S. while 
preserving U.S. capability. The same strategic planning should be done 
at these agencies to ensure the right skill sets and capabilities 
remain.
            information technology and software mobilization
    14. Senator Hirono. Dr. Michienzi, one of the biggest differences 
between the mobilization that occurred during World War II, which 
focused entirely on hardware like tanks, ships, and planes, and the 
present is the DOD's increasing reliance on IT and software to wage war 
effectively. From a supply chain perspective, what specific challenges 
and risks do you think our reliance on IT and software-based systems 
poses when it comes to planning and preparing for industrial 
mobilization, and what recommendations would you give DOD to address 
this important issue?
    Dr. Michienzi. Unfortunately, much of the supply chain that 
supports IT products is global, and much of it lies in China and/or the 
Asia Pacific theater. For instance, although the U.S. still leads in 
the design of semiconductors, roughly 75 percent of semiconductor 
fabrication and 98 percent of the packaging of those semiconductors 
occurs in the in that theater. Taiwan accounts for about 60 percent, 
South Korea 13 percent, and China 12 percent. Compare that to the U.S. 
which only produces about 14 percent and produces NO state-of-the-art 
semiconductors, which are what are primarily used in IT products. 
Critical minerals, which are used in semiconductors and other IT sub-
components are also primarily processed and made into finished goods 
such as IT systems in China. As we've seen with China's recent export 
controls, they can cutoff supply at any time, and this has already 
caused issues, with DOD scrambling to examine stockpiles and 
inventories and racing to expedite development of non-Chinese sources. 
Additionally, even if we are currently acquiring these things from 
allied nations such as South Korea, if a conflict should start between 
China and Taiwan, it will be difficult to ship anything from Asia-
Pacific theater countries. Companies should have learned lessons about 
this during COVID-19, when supplies of critical items from some 
countries were scarce or non-existent. And some companies have begun 
looking at alternate or second source suppliers that are less risky. 
However, as long as industry is profit driven and the U.S. remains a 
free-market society, most of industry will use cheaper vs higher priced 
but more secure sources. This is where the U.S. should use industrial 
policy to combat this--something it is reluctant to do. Not using 
industrial policy solutions is an adequate strategy as long as there is 
a level playing field. But as we know, this is not, and has not been 
the case. Many countries--and especially our adversaries--do not play 
by the same rules:

    i. They provide subsidies to their industries, and many are state-
owned;

    ii. They encourage over-production;

    iii. Which leads to dumping/flooding the market which drive prices 
down;

    iv. Which then drives out the competition, who cannot be cost-
competitive;

    v. This captures market share--monopolizes markets;

    vi. They weaponize this advantage--as China has recently with 
gallium, germanium, graphite, and other critical minerals.

    China has used this to great effect to capture and dominate markets 
such as rare earths and lithium for EV batteries and is now attempting 
to do so for semiconductors. The CHIPS Act and the export controls 
Commerce has put in place for manufacturing equipment for advanced 
semiconductors are examples of where industrial policy is necessary and 
has slowed China down, but we will not be able to stop them. They are 
currently concentrating on legacy or trailing edge chips which dominate 
critical industries such as automotive, aircraft, appliances, cell 
phones, medical equipment, critical infrastructure, and DOD weapons 
systems, until such time as they can catch up on leading edge. Policies 
should be put in place to incentivize industry to use more secure 
sources, even if they are more costly. Those can be things like price 
preferences for using those suppliers.

    15. Senator Hirono. Dr. Michienzi, how should we think about 
mobilization differently today than in the past--for example, should we 
think about mobilization of different sectors of the economy, or should 
we think about mobilization on a different timeframe than in the past?
    Dr. Michienzi. Mobilization will definitely be different today than 
it was in the past. I'm often asked, why can't we do things like we did 
it in the book ``Freedom's Forge'', and I have developed a `gap 
analysis that describes why we can't do that and how we should proceed 
now:
    The Nation has an imperative to mobilize the Defense Industrial 
Base to address the increasingly aggressive threat from China and, to a 
lesser extent, Russa, Iran, and North Korea. As a reference point we 
can ask ourselves; ``Can we, at least in principle, do what we did in 
World War II, as described in the book Freedom's Forge?'' Here is a 
perspective on how we can accomplish similar objectives (i.e. large-
scale mobilization of the Nation's industrial base to deliver 
affordable capacity for critical military capability) by addressing the 
conditions that are very different now relative to what was happening 
then.
    Some key challenges we face today, relative to back then, are:

      The industrial ramp up started years before the U.S. 
entered WWII and was motivated by some key visionary leaders, including 
the President. We need to create that vision and have it embraced by 
POTUS with senior leadership assigned specifically to solve the 
challenges in a manner that Knudsen was empowered to do so.

      Time is of the essence and we are likely behind the 
curve. To achieve the necessary transformation, we must immediately 
start addressing inventory shortages for critical materials and 
components and build capacity in the industrial base to produce 
capability that goes well beyond what is currently available. Today's 
industrial base is not resilient as a result of right-sizing itself to 
the DOD ``peacetime'' demand. In other words, we must rebuild resilient 
surge capacity in our defense industrial base and supply chain.

      We must immediately address today's major workforce 
shortages across all industrial sectors by aggressively implementing a 
strategy to upskill the current population and investing in the next 
generation of workers across the spectrum of essential skills. Our much 
more complex systems today (e.g. precision guided munitions) versus in 
WWII (e.g. gravity bombs), along with an increase in automated 
manufacturing, will require leveraging and training a more highly 
skilled workforce.

      There were many large companies and factories that were 
not operating at capacity prior to WWII, so companies were eager to 
quickly repurpose that excess capacity for defense production. Today 
excess capacity is much scarcer, so we will have to immediately 
identify the capacity needs and aggressively build to fill the gaps.

      Our current supply chain is filled with single and sole 
source suppliers, many in adversarial countries, resulting in 
unacceptable lead times for some items and potential for supply chain 
disruption by unfriendly nation suppliers. Therefore, we must identify 
specific critical supply chain vulnerabilities then onshore or `ally 
shore' critical materials and components and develop multiple sources 
for critical elements of our supply chains.

      Many of the deals made back then were based on 
handshakes, where industry went out at risk, spending their own money 
until Federal funds were available. We must immediately address our 
contracting environment to dramatically minimize contracting times and 
develop an incentive structure that motivates industry to move out 
quickly (if necessary, even before a contract is definitized), allowing 
us to deliver systems aggressively while compressing schedule and 
maximizing throughput and efficiency.

      We must return to the paradigm that understands and 
accepts developmental risk then allows for failing early to accelerate 
learning and deliver capability much more rapidly.
                         mobilization policies
    16. Senator Hirono. Mr. Berteau, following the end of the cold war 
and subsequent peace dividend throughout the 1990's, a lot of the 
policies, processes, and organizations focused on mobilization 
atrophied or were put on the shelf. Based on your experience in the 
Reagan administration, what policies, processes, or organizations from 
the cold war would you suggest we go back and emulate or modify to 
consider implementing now?
    Mr. Berteau. Senator Hirono, I noted in my opening remarks the 
following lessons from my cold war experience in the Reagan 
administration:

    1.  We need an operational plan and a scenario on which to 
calculate mobilization requirements, and from those requirements, 
propose and secure appropriations for needed funding. Requirements 
depend on a clear-eyed assessment of current and future adversary 
capabilities.

    2.  We need to demonstrate the capability to deploy forces to the 
theaters and to sustain those forces for a long time. This 
demonstration needs to be in the real world, not on paper or in plans 
alone. We did this with annual exercises in Europe that deployed 
thousands of personnel.

    3.  We need to build a collaborative partnership with industry, not 
an arms-length relationship. Industry needs to be part of the 
requirements assessment and part of the demonstration of capacity and 
capability.

    4.  We need to plan for, train and equip, and operate with allies 
and partners.

    5.  Mobilization planning includes more than DOD and the defense 
industry. It must involve all of government, the national economy, and 
the forces, industries, and economies of our allies and partners.

    17. Senator Hirono. Dr. McGinn, your report emphasizes the 
importance of creating mobilization scenarios and exercising them 
regularly--do you think DOD is doing enough in this area?
    Dr. McGinn. DOD needs to rebuild its capacity to conduct 
mobilization planning and exercises. As I noted in my testimony, 
``Mobilization planning ended in the early 1990's. It is time to 
rebuild that capacity, not only in DOD, but also in the Federal 
Emergency Management Agency, the Department of Commerce, and the 
Executive Office of the President. These planning efforts will greatly 
improve mobilization efforts across agencies.'' \7\
---------------------------------------------------------------------------
    \7\ McGinn SASC Testimony.
---------------------------------------------------------------------------
                        interagency coordination
    18. Senator Hirono. Dr. McGinn and Dr. Michienzi, your report also 
highlights the importance of interagency coordination in mobilization 
efforts, something former President Franklin Roosevelt addressed by 
appointing czars during World War II. What recommendations would you 
give the current administration to improve interagency coordination in 
support of mobilization?
    Dr. McGinn. I believe that the administration could undertake a 
number of actions to improve interagency coordination in support of 
mobilization. I highlighted a number of specific recommendations in 
this area in my testimony:

      DPA Title I--Update executive orders and regulations. At 
the national level, the DPA is governed by a number of old and 
overlapping executive orders spanning numerous administrations that 
need to be refreshed and simplified. The Trump Administration should 
conduct a thorough review of relevant executive orders and regulations 
to better orient DPA policies and practices to address future national 
security challenges. \8\
---------------------------------------------------------------------------
    \8\ McGinn and Kaniewski, ``Where does the Defense Production Act 
Go from Here?''

      DPA Title VII--Relook the use of voluntary agreements and 
the National Defense Executive Reserve (NDER). Two sections of DPA 
Title VII have been scarcely used since the end of the cold war but 
present a tremendous opportunity for future industrial mobilization. 
Section 708 permits the government to establish voluntary agreements or 
plans of action with industry ``to help provide for the national 
defense.'' \9\ The Administration, for example, could establish 
voluntary agreements to prepare stand-by industrial capacity for 
potential surge use during conflict. Further, these agreements could 
enable dynamic government-industry collaboration on production issues 
such as that during WWII's War Production Board. Section 710 of Title 
VII also permits the President to establish a NDER, a volunteer group 
of industrial executives to support mobilization efforts. The 
Administration should examine the utility of this authority to form on-
call groups of industry experts to serve in government during national 
emergencies. The Baroni team just completed a project addressing these 
two sections that can inform these efforts when published.
---------------------------------------------------------------------------
    \9\ 50 U.S.C. Sec. 4558(c)(1); Section 708(c)(1) of the DPA.
---------------------------------------------------------------------------
      Restarting mobilization planning efforts across the U.S. 
Government, as outlined in my response to the previous question.

    Dr. Michienzi. It will take a whole-of-government response to 
mobilize for a conflict. Currently, different government agencies have 
different, sometimes conflicting, requirements. An example is when a 
foreign government tries to purchase a U.S. company. The transaction is 
subject to review by the Committee on Foreign Investment in the United 
States (CFIUS), a multi-agency process where each agency reviews the 
transaction through their particular lenses. So, for example, while DOD 
could consider the transaction a national security risk, the Department 
of Commerce could look at it as creating jobs, which is good for the 
U.S. economy. This is a real-life example of where agencies are 
sometimes not aligned, and which could present large obstacles to an 
effort that requires them to be aligned. For industrial mobilization to 
be successful, direction will need to be provided from administration 
leadership to all agencies that there needs to be alignment to the 
goal, even when it may not align with the agencies' normal priorities.
                 contingency contracting--all witnesses
    19. Senator Hirono. Mr. Berteau, Dr. McGinn, Dr. Michienzi, are 
there lessons from our experiences in contingency contracting in Iraq, 
Afghanistan, and during the COVID-19 pandemic that we should also look 
at to consider emulating or modifying for use today?
    Mr. Berteau. Senator Hirono, three big lessons from contingency 
contracting are:

    1.  Plan for contractor support in operational plans

    2.  Train with the contractors that will support deployments and 
operations

    3.  Have contracts in place and ensure funding is available.

    Dr. McGinn. Our experiences during the COVID-19 pandemic are 
particularly applicable today. The dramatic use of emergency Federal 
Acquisition Regulation (FAR) provisions, Other Transactions Authorities 
(OTs), and rapid procurement activities enabled the U.S. Government to 
meet the needs of this true national emergency through approximately 
$40 billion in contract obligations over 6 months. \10\ The increased 
use of OTs and rapid acquisition are excellent models for continuing 
use today.
---------------------------------------------------------------------------
    \10\ McGinn, Before the Balloon Goes Up: Mobilizing the Defense 
Industrial Base Now to Prepare for Future Conflict. The Greg and 
Camille Baroni Center for Government Contracting Report No. 10, October 
3, 2024. Available at https://business.gmu.edu/news/2024-10/balloon-
goes-mobilizing-defense-industrial-base-now-prepare-future-conflict 
(accessed March 4, 2025).
---------------------------------------------------------------------------
    Dr. Michienzi. Contingency contracting can be extremely helpful 
during crisis periods, as the defense industrial base does not 
routinely maintain excess production capacity, and it can take 6-24 
months for capacity expansions to be completed. DOD has used this 
effectively many times. In addition, collaboration between government 
agencies can help provide more efficient contracting. During the COVID-
19 pandemic for instance, DOD played a vital role in the response from 
a health perspective. Congress provided funding to HHS and FEMA to help 
provide more medical resources--ventilators, masks, cotton swabs, 
syringes, etc. However, neither office had the necessary acquisition 
resources or training to execute that funding or use tools like the 
Defense Production Act (DPA), so DOD stepped in and helped them execute 
over $60 billion and helped expand production capability and prioritize 
orders using DPA. The same thing happened when Commerce received $52 
billion in CHIPS Act funding. This was many times the annual budget for 
Commerce, and they didn't have sufficient acquisition workforce and 
knowhow (for instance, they only knew how to use FAR based contracts 
vs. other options such as Other Transaction Authorities (OTAs)) to 
execute, so DOD stepped in--helping train them how to do acquisition 
and sending personnel to help get them started while they staffed.
                               __________
            Questions Submitted by Senator Elizabeth Warren
                         defense production act
    20. Senator Warren. Mr. Berteau, Dr. McGinn, Dr. Michienzi, in your 
written testimony you said, ``mobilization is far more than a Defense 
Department undertaking.'' How does this apply in considering 
reauthorization of the Defense Production Act?
    Mr. Berteau. Senator Warren, the Defense Production Act (DPA) 
provides authorities that have been delegated by the President to six 
Federal cabinet departments: the Departments of Agriculture, Commerce, 
Defense, Energy, Health and Human Services, and Transportation. In 
addition, section 722 of the DPA establishes the DPA Committee (DPAC) 
and provides that Committee membership includes the heads of 12 Federal 
departments and four Federal agencies as well as the Chair of the 
Council of Economic Advisors.
    At the time that I was in charge of DPA for DOD, we held regular 
discussions with and coordinated closely with the other agencies (some 
more than others). Because of the paucity of separate legislation 
enacted in recent Congresses, the most recent DPA reauthorization was 
enacted in the Fiscal Year 2019 National Defense Authorization Act 
(P.L. 115-232). However, DPA reauthorization in the Senate is under the 
jurisdiction of the Senate Committee on Banking, Housing, and Urban 
Affairs, of which you are the Ranking Member.
    I respectfully suggest that you encourage that Committee to 
examine, as part of its reauthorization, the integration of interagency 
interactions with regard to mobilization requirements, roles, and 
responsibilities across the interagency community.
    Dr. Michienzi. Preparing for defense mobilization requires a whole-
of-government effort. For instance, the Department of Education to help 
with workforce training, the Department of Transportation to enable 
movements of people and equipment, the Department of Commerce and the 
U.S. Trade Representative to help balance trade and the flow of goods 
into and out of the U.S. while preserving U.S. capability. Under the 
current Defense Production Act (DPA) authorization, multiple agencies 
have authority for Title I, which is used to prioritize government 
orders so they can be delivered on time if there are commercial orders 
that would delay the delivery. Title III, which is the investment part 
of DPA, is a unique defense authority and it should remain so. There 
are so many risks and issues within the defense industrial base, that 
diluting that authority risks reducing its effectiveness--just at a 
time when it is needed the most. Other agencies have investment 
authorities and funding which can be used to address their needs.

    21. Senator Warren. Dr. McGinn, do you believe that energy self-
sufficiency enhances the Nation's national security?
    Dr. McGinn. Absolutely. Energy self-sufficiency eliminates the risk 
of the dependence of foreign sources of energy that could be impacted 
by trade policy, conflict, or natural disaster.

    22. Senator Warren. Mr. Berteau, Dr. McGinn, and Dr. Michienzi, is 
Congress currently appropriating enough money to the DPA Fund to carry 
out Title III activities at the speed and scale necessary to respond to 
PRC economic warfare and mobilize in the event of a conflict?
    Mr. Berteau. Senator Warren, there are not sufficient 
authorizations or appropriations for DPA Title III. In part, this is 
because DOD budget requests are based on DPA requirements that do not 
reflect the true readiness and mobilization needs of the Department. 
Congress, and this Committee, have the capability and, I believe, the 
affirmative responsibility to address that shortcoming, to direct the 
administration and DOD to determine those needs (and the basis for that 
determination) to provide that information to the Committee. I 
recommend that the Committee not wait until the final enactment of the 
Fiscal Year 2026 NDAA to provide such direction to DOD but instead, as 
I stated in my testimony, to direct DOD to conduct a full-blown 
exercise to determine what mobilization requirements are and to 
describe the scenarios on which those requirements are based. I 
recommend the Committee direct receipt of the results between now and 
the time the Senate and the House of Representatives finalize the 
Fiscal Year 2026 NDAA.
    Dr. McGinn. Congress has dramatically increased appropriations to 
the DPA Fund since the COVID-19 pandemic. Many of these appropriations 
have focused on countering Chinese industrial policy efforts to gain 
dominant market positions in areas such as rare earth minerals, 
batteries, and specialty chemicals. Congress could appropriate more 
funds for these and other efforts.
    Congressional support for mobilization would be welcome on a number 
of fronts, including appropriated funds in the DPA Fund. Title III 
activities will help increase domestic industrial capacity in key 
sectors that support U.S. military capability development.
    Dr. Michienzi. No. Defense industrial base issues are immense. 
Decades of supply chain globalization and diminishing U.S. capability 
have made this country vulnerable if conflict should arise. Take the 
example of China restricting the exports of certain critical minerals. 
The PRC controls 80 percent of the processing of critical minerals, and 
they understand completely where the U.S. uses these materials--
including our most critical weapons systems, satellites, and 
communications equipment. They have restricted a handful of materials 
so far, and those restrictions have been targeted to maximize pain for 
U.S. industry--both commercial and defense. But there are many more 
they control and could weaponize if a conflict occurs. DOD funded 8$700 
million over the past 4 years in this sector--a large portion of the 
Title III budget--but this is not nearly sufficient to completely 
mitigate the issues. And there are many other industrial base 
problems--shipbuilding, castings and forgings, microelectronics, 
missiles and munitions, etc. Title III is the most efficient and 
effective way to address these issues. Nowhere else in DOD is 
positioned to look across all portfolios to see cross-cutting issues 
and address them in a holistic manner. More funding would allow it to 
be used for strategic portfolio and sector investments (similar to what 
is being done with critical minerals) vs. having a more `whack-a-mole' 
approach driven by insufficient funding.
                          defense competition
    23. Senator Warren. Dr. McGinn and Dr. Michienzi, what are the 
cost, schedule, or readiness benefits of prioritizing an open systems 
approach?
    Dr. McGinn. Prioritizing open systems approaches help DOD to foster 
competition and refresh technology throughout the life of a program. 
Increased competition helps lower overall costs and prevents vendor 
lock-in to proprietary solutions.
    Dr. Michienzi. Open systems approaches are the most cost effective 
and efficient way for DOD to acquire and sustain its systems and its 
ability to adopt innovation and new capabilities. Currently most DOD 
systems are provided by a sole supplier (vendor lock) who owns all the 
technical data, thereby reducing competition which leads to higher 
pricing and lack of technology development. Having an open system, 
along with the technical data, allows DOD to compete production 
contracts for systems to get better pricing and potentially better 
technology. It also allows DOD to upgrade systems to provide increased 
performance and readiness, and to mitigate obsolescence issues--
something that constantly plagues the department.

    24. Senator Warren. Dr. McGinn and Dr. Michienzi, do you have any 
quantitative analysis or examples that show the cost, schedule, or 
readiness benefits of prioritizing an open systems approach?
    Dr. McGinn. One example where an open systems approach has shown 
benefits is the Army's Joint Light Tactical Vehicle (JLTV) program. 
During the 2022-2023 recompete for JLTV, AM General defeated the 
incumbent Oshkosh Defense. This was very surprising given the history 
of long-running franchise programs over the past several decades. The 
Army's open systems approach to JLTV enabled an effective competition 
during the recompete. While the Army leadership just canceled JLTV, the 
competition showed the value of an open systems approach.
    Dr. Michienzi. Although I don't have quantitative analysis, the 
Sentinel program was one of the first Major Defense Acquisition 
Programs (MDAPs) to use digital engineering and open architecture. I 
know that it has saved the Air Force money, even before the system is 
fielded, and allowed them to keep competitive pressure on industry. I'm 
sure you can get data from the Air Force.

    25. Senator Warren. Dr. McGinn and Dr. Michienzi, do you have any 
quantitative analysis or examples that show the cost, schedule, or 
readiness harms of failing to prioritize an open systems approach?
    Dr. McGinn. The F-35 fighter aircraft program is an example of 
this. Like many systems at the time, DOD did not prioritize an open 
systems approach when it competed the F-35 program. This resulted in a 
largely closed proprietary system that limited DOD's flexibility and 
created a reliance on a single vendor for updates and support.
    Dr. Michienzi. From my time working for a Navy Program Office, 
there was an example where the prime contractor was charging 18 percent 
markup on the rocket motors and another 18 percent to manage the rocket 
motor supplier for a key missile system. Had they had an open systems 
approach and the technical data, they could have looked at other 
options for the rocket motors to avoid that high cost.

    26. Senator Warren. Mr. Berteauand Dr. Michienzi, you previously 
testified that many governmentwide acquisition contracts ``limit the 
number of companies eligible to receive awards and offer few 
opportunities for new companies to gain a spot.'' What tools would you 
recommend DOD use to increase competition?
    Mr. Berteau. Senator Warren, although agency heads and many of 
their personnel focus on reports regarding the breadth and depth of 
competition in Federal contracts, it is vital to recognize that 
competition is not an end in itself. Competition is a tool that, 
properly pursued, enables Federal agencies to achieve its needed 
results and outcomes more effectively and efficiently through 
contracts. Adequate competition also helps ensure that the government 
pays a fair price for contract results, and competition can spur 
innovation. Finally, a competitive business environment can provide 
surge capacity in time of war or emergency.
    The testimony you reference in your question was my statement for 
the record for the April 26, 2022, hearing before the Senate Armed 
Services Committee on the health of the defense industrial base. 
Specifically, I wrote that ``DoD contracts are often awarded to 
companies eligible under a set of contracts known as GWACs, or 
governmentwide acquisition contracts. Many of these contracts limit the 
number of companies eligible to receive awards and offer few 
opportunities for new companies to gain a spot on any given GWAC. This 
makes the job of the contracting officer easier but does little to 
increase the number of bidders.''
    GWACs award contracts to a limited number of companies, then 
compete task orders only among those firms on the GWAC schedule. Under 
both the Trump and Biden administrations, the implementation of an 
approach to contracting called ``category management'' meant that some 
agencies shifted contract work to a GWAC on which incumbent companies 
were not eligible to bid for task orders and for which no opportunity 
existed for those incumbent companies to become eligible on that GWAC 
(through a process referred to as an ``on-ramp''). When interested, 
capable companies are unable to bid on a contract, competition is 
reduced.
    Some ways to offset that reduction in competition is for the 
Federal Government to:

    a)  Include more companies on GWAC schedules

    b)  Increase the frequency of on-ramp opportunities

    c)  Avoid shifting ongoing contract work to other GWACs on which 
incumbent contractors are ineligible to bid.

    The Trump administration is currently assessing consolidating under 
the General Services Administration GWACs for ``common products and 
services'' and for information technology contracts. Agency proposals 
and comments are due to GSA by May 19, 2025. This Committee could 
benefit from directing GSA to provide their plan for such 
consolidation, particularly with regard to DOD.
    Dr. Michienzi. Requiring programs to carry multiple contractors for 
integration, but for also critical sub-systems until Milestone B. It 
will cost more up front but will reduce risk and save the program money 
overall because competition will drive costs down and ensure DOD is 
getting the best technology, while providing alternatives should an 
issue arise during development.
                         acquisition workforce
    27. Senator Warren. Mr. Berteau, how does a well-qualified 
acquisition workforce benefit the industry and the Department of 
Defense?
    Mr. Berteau. Senator Warren, the defense industry and all Federal 
Government contractors depend on a competent, capable, and fully 
staffed acquisition workforce. This workforce includes contracting 
officers, program managers, and those who develop requirements and help 
determine what to buy as well as how to buy it. Actions that undermine 
such a workforce are detrimental to regular operations as well as 
planning for mobilization.

    28. Senator Warren. Mr. Berteau, do you have any examples of how a 
program was less costly or faster because it was managed by an 
acquisition official who was an acquisition expert?
    Mr. Berteau. Senator Warren, one of the challenges of the Federal 
procurement process is the focus on problems to the exclusion of 
documenting success stories. In my experience, there is a strong 
correlation between acquisition expertise and successful outcomes, but 
there are many other factors that have equal or greater impact on 
success, including program management, adequate and stable funding, 
consistent requirements, and support from the chain of command and the 
Congress. There are no studies of which I am aware that would prove a 
cause-and-effect relationship between acquisition expertise and program 
success in meeting cost, schedule, and performance goals.

    29. Senator Warren. Mr. Berteau, how long does it take for someone 
to become an acquisition expert?
    Mr. Berteau. Senator Warren, I am unaware of any analysis that can 
answer this question, but in my experience there is wide variation in 
the range of time it takes to become an expert.

    30. Senator Warren. Mr. Berteau, does DOD have the acquisition 
workforce it needs to manage DOD contracts, and if not, what resources 
or training does the workforce need?
    Mr. Berteau. Senator Warren, the data reported by Federal agencies 
show that DOD has a smaller percentage of vacancies in the contracting 
officer workforce than many other agencies. It is likely that recent 
actions such as the Deferred Resignation Program, termination of 
probationary employees, retirements under VERA and VSIP, and 
Reductions-in-Force actions will increase the number of vacancies in 
the DOD acquisition workforce. I suggest that this Committee request 
up-to-date information from DOD.

    31. Senator Warren. Mr. Berteau, would the Department of Government 
Efficiency's significant layoffs or resignations of DOD's acquisition 
workforce hinder DOD's ability to keep programs on schedule?
    Mr. Berteau. Senator Warren, layoffs, resignations, and retirements 
will hinder DOD's ability to award and administer its contracts and 
will impact program success.
    Dr. Michienzi. DOD will needs experienced people with expertise in 
multiple areas, including acquisition. The current workforce cuts do 
not seem to be strategically planned to preserve that capability, while 
trying to achieve efficiencies. Developing a list of workforce skills 
necessary and matching it against requirements would make the effort 
more effective and still allow DOD to maintain the people necessary to 
keep programs on schedule, as well as make them efficient and cost-
effective.

    32. Senator Warren. Mr. Berteau, would the Department of Government 
Efficiency's significant layoffs or resignations of DOD's acquisition 
workforce hinder DOD's ability to manage programs efficiently and cost-
effectively?
    Mr. Berteau. Senator Warren, layoffs, resignations, and retirements 
will hinder DOD's ability to manage programs efficiently and cost-
effectively.
    Dr. Michienzi. DOD will needs experienced people with expertise in 
multiple areas, including acquisition. The current workforce cuts do 
not seem to be strategically planned to preserve that capability, while 
trying to achieve efficiencies. Developing a list of workforce skills 
necessary and matching it against requirements would make the effort 
more effective and still allow DOD to maintain the people necessary to 
keep programs on schedule, as well as make them efficient and cost-
effective.

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