[Congressional Record Volume 168, Number 195 (Thursday, December 15, 2022)]
[Senate]
[Pages S7213-S7219]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          LEGISLATIVE SESSION

                                 ______
                                 

JAMES M. INHOFE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2023

  The PRESIDING OFFICER. The clerk will report the pending business.
  The senior assistant legislative clerk read as follows:

       House message to accompany a bill (H.R. 7776) to provide 
     for improvements to the rivers and harbors of the United 
     States, to provide for the conservation and development of 
     water and related resources, and for other purposes.

  Pending:

       Schumer motion to concur in the amendment of the House to 
     the amendment of the Senate to the bill.
       Schumer motion to concur in the amendment of the House to 
     the amendment of the Senate to the bill, with Schumer (for 
     Manchin) amendment No. 6513 (to the House amendment to the 
     Senate amendment), to provide for American energy security by 
     improving the permitting process.
       Schumer amendment No. 6515 (to amendment No. 6513), to add 
     an effective date.
       Schumer motion to refer the bill to the Committee on Armed 
     Services, with instructions, Schumer amendment No. 6516, to 
     add an effective date.
       Schumer amendment No. 6517 (to (the instructions) amendment 
     No. 6516), to modify the effective date.
       Schumer Amendment No. 6518 (to amendment No. 6517), to 
     modify the effective date.

  The PRESIDING OFFICER. The Senator from Texas.


                               H.R. 7776

  Mr. CORNYN. Mr. President, I am glad that we, hopefully soon, will 
finally pass the National Defense Authorization Act and send this 
legislation to the President for his signature. Obviously, this has 
national, even global, implications, but I would like to spend just a 
moment to talk about what it means to my home State of Texas.
  This year's NDAA supports a range of projects that will lead our 
military into the future, from nuclear modernization to next-generation 
weapons development.
  It sends critical military assistance to Ukraine and makes a big 
investment in our national defense stockpile.
  It focuses, appropriately, on long-term strategic competition with 
China, and it ensures our troops will have the tools, the training, and 
the resources they need to succeed in any conflict, and, of course, the 
ultimate goal is to make the United States military so strong that no 
country dares engage in a military conflict with us, and thus provides 
needed deterrents in order to maintain the peace.
  The Defense Authorization Act shapes our military missions around the 
world, but it also is important for reasons that hit much closer to 
home.
  The Defense Department is the largest employer in the United States, 
with 2.9 million employees, including both servicemembers and 
civilians. They are stationed in more than 160 different countries 
around the world, and on all seven continents. And, on any given day, 
they can be found providing lifesaving medical care, maintaining 
aircraft, protecting communities in war zones, or carrying out various 
missions.
  Texas is the proud home to 14 military installations which directly 
employ more than 235,000 people. When you add in construction, 
information technology, manufacturing, and the many other workers these 
facilities require, Texas military installations employ more than 
620,000 people. The

[[Page S7214]]

Texas comptroller has estimated that military installations contributed 
about $114 billion to Texas' economy last year alone.
  But, significantly, America's military is engrained in the very 
fabric of our State, and Texans have a profound respect for our 
servicemembers.
  My father was a part of the Greatest Generation and served in World 
War II, as did my father-in-law.
  My dad was a B-17 pilot, who, unfortunately, was shot down over 
Germany on a bombing mission on his 26th mission. Fortunately, although 
he was a POW the last 4 months of the war, he was liberated by General 
Patton and his army.
  My father-in-law, who died recently at the age of 96, served at 
Normandy, where he landed on Utah Beach during part of that dramatic 
invasion of France, occupied by, of course, the German military.
  But I lived for a while in San Antonio--many years, actually--and 
had the privilege of experiencing the incredible support for our 
military in that city. After all, San Antonio is known as ``Military 
City USA'' because of the strong and consistent military presence. And 
while it is unique, based on the sheer concentration of military bases 
in San Antonio, the strong support for our servicemembers can be seen 
across the State as well.

  Whether you are in El Paso or Killeen or Abilene or any of the areas 
surrounding military installations, it is humbling to see so many men 
and women who have taken an oath to defend our country, along with 
their families, who serve as well.
  As Members of the Senate, we have a responsibility to support our 
troops and make sure they have what they need to do the job we have 
asked them to do, and the Defense authorization act is one of the most 
important ways we do just that.
  This bill provides the largest pay raise for our troops in two 
decades. Servicemembers and their families are facing the same 
inflation headwinds as everybody else in the United States, but 
starting next month, they will receive a greatly needed and well-
deserved 4.6-percent pay raise.
  This year's National Defense Authorization Act also takes big steps 
to support military families, and when you have an all-volunteer 
military like ours, supporting military families is an important 
component of our support for the military.
  This Defense Authorization Act will also authorize additional funding 
to Texas school districts that serve military personnel.
  It will authorize the extension of reimbursement authority for spouse 
relicensing to ensure that nurses, teachers, and other spouses whose 
jobs may require a State-specific license are not saddled with an 
additional expense.
  This bill will also support programs in Texas independent school 
districts that help military-dependent children with severe 
disabilities.
  And I am glad it includes bipartisan legislation that I introduced to 
improve the tools that military commanders will have at their disposal 
to prevent sexual assault and domestic violence within the Department 
of Defense.
  In addition to supporting our servicemembers, this legislation will 
authorize $315 million for military construction projects in Texas 
alone. This includes $90 million for a dormitory for basic training 
recruits at Joint Base San Antonio; $55 million for the new power train 
facility at the Corpus Christi Army Depot; $31 million for power 
generation and microgrid operations at Fort Hood in Killeen; $15 
million for a new fire station at Fort Bliss in El Paso; and the list 
goes on and on.
  Now, these may sound like not all that exciting investments, but they 
are absolutely critical to the support for our military and our 
military families and to readiness, which is the ultimate goal--that 
our military is ready for any threat that comes our way.
  In addition to providing needed investment at our military bases, the 
Defense authorization bill provides $4 billion in support to improve 
the production rate, modernization, and readiness of the F-35 fleet, 
which is built in Fort Worth.
  The F-35 Joint Strike Fighter, the fifth generation fighter, is the 
most sophisticated airplane in our fleet, and it is important that we 
have an adequate number of them to maintain the readiness of that 
fleet.
  This bill also authorizes $23 million in another critical defense 
asset that will be made in Fort Worth, which is the Future Long-Range 
Assault Aircraft. It authorizes $686 million in funding for F-16 
Fighting Falcons which will be made in Texas, as well as $4.7 billion 
for B-21 Raiders, many of which will be based in Texas at Dyess Air 
Force Base in Abilene. These investments will support even more Texas 
jobs and strengthen our military in the process.
  I am glad this year's Defense authorization bill includes 
legislation--strangely enough, we stick other unrelated bills into the 
Defense authorization bill. In this case, the Water Resources 
Development Act has been inserted also in the Defense authorization 
bill. But, specifically, this bill, as part of the WRDA bill, will 
develop the Texas Coastal Spine Project which will provide basic 
protections of infrastructure against future hurricanes along the Texas 
gulf coast.
  In the Houston area alone, we have some of the largest concentration 
of refining capacity in the world, and the rest of the country depends 
on the fact that that jet fuel, diesel, and gasoline will be available. 
If another hurricane were to wipe out Houston like Hurricane Harvey 
tried to do, obviously, that is something that will have an impact not 
just locally, not just in my State, but across the Nation as a whole. 
So this Coastal Spine Project is very important. The Texas gulf coast 
is home to millions of people and industries that fuel our economy and 
national security.
  Well, the war in Ukraine has highlighted another important aspect of 
energy, and that is energy security. The industries in and around the 
Texas gulf coast are critical to our security and for those of our 
allies. I believe that after years of hard work, the Texas Coastal 
Spine Project has begun the long, long road to final construction, and 
I am glad this project will be fully authorized in the Water Resources 
Development Act. The next step is to secure the funding to begin that 
lengthy construction process, and I am eager to work with our 
colleagues on both sides of the aisle to make that happen.
  Given the threats our country is facing around the world, whether it 
is Russia, Iran, China, North Korea, the War on Terror, the National 
Defense Authorization Act could not be more urgent or more important. 
This legislation will make sure that our military is resourced, 
trained, and ready for action when called upon. It provides our men and 
women with the resources, training, and equipment they need to defend 
our country, our way of life, and our freedom. It restores our combat 
advantage by investing in modern aircraft, weapons, and facilities. It 
strengthens and builds our alliances around the world. And, above all, 
it sends the message to the world that our country is, and will remain, 
the global military leader.
  There are a lot of friends and allies the United States has around 
the world and they are very important, but none of them is in a 
position to lead like the United States of America, and all of them 
depend on American leadership. And that is part of the message this 
bill will send about our intention to maintain that leadership role. 
That is why, for 61 years now, Congress has made passing the NDAA a 
priority, and I am eager to get this one done and do it for the 62nd 
time.
  I want to especially thank Senators Reed and Inhofe, the chairman and 
ranking members of the Senate Armed Services Committee, for their 
tireless work on this legislation, as well as all of the members of the 
Armed Services Committee that voted this bill out of the committee on a 
strong bipartisan vote last July.
  It is a long story for why we had to wait from July until today to 
vote on the bill, but the good news is we are where we are today and 
have a strong bill that will prepare our military for the threats of 
today and tomorrow. I look forward to supporting this legislation as 
soon as we have a chance to vote on it--hopefully, soon this afternoon.
  I yield the floor.
  The PRESIDING OFFICER (Mr. King). The Senator from Oklahoma.


                            Border Security

  Mr. LANKFORD. Mr. President, I want to bring a date to this body to

[[Page S7215]]

think about. It is a day we have all known was coming for a very long 
time, but there seems to be no urgency about this day. The day is 
December 21.
  If anybody is wondering: What is December 21; what is the big deal 
about this date? I would say: That is the problem. December 21 is the 
date that Title 42 authority ends on our southern border.
  What is title 42 authority? Everybody in this body knows this, but 
title 42 is a temporary pandemic-related authority at our southern 
border to be able to deal with individuals that are coming across the 
border that they could be turned around. That authority was put in by 
the previous administration and has remained in this administration but 
has been chipped away, and as of December 21, that authority goes away.
  So what happens on that day? Well, the best estimate we got initially 
from DHS is it would move from about 6,000 people a day illegally 
crossing the border to 18,000 a day illegally crossing the border at 
that time. But, realistically, now they won't give us an estimate at 
all.
  So let me just put this in context where we are at our southwest 
border right now, because for a year and a half I have asked Secretary 
Mayorkas: What happens when title 42 authority goes away, because it is 
temporary? What is your plan? And for 2 years almost, I have gotten: We 
are working on it. We are very aware it is temporary, and it will go 
away at some point. We have a plan.
  And then, months ago, they came out with their six-point plan. Let me 
read their six-point plan to you.
  The six-point plan of what to do at the termination of title 42 is: 
Acquire and deploy resources to address increased volumes of migrants. 
In other words, be prepared to handle the number coming at them.
  No. 2: Deliver more efficient and fair immigration processing.
  No. 3: Use expedited removal to process and remove those who don't 
have a valid asylum claim.
  No. 4: Work with other Western Hemisphere governments to address the 
root causes of migration.
  No. 5: Bolster NGO capacity--that is to be able to handle the flow.
  No. 6: Target and disrupt cartels.
  All those are fine. My question is, Are they working?
  When Alejandro Mayorkas was in front of the committee just a few 
weeks ago, I asked him: title 42 is going away December 21st; what is 
your plan? And he repeated this back. The problem is, they already 
implemented these six items and the flow continues to accelerate.
  Again, let me put this in perspective, because it is hard to be able 
to wrap your head around the numbers. During the Obama administration, 
there was a massive surge in the number of people illegally crossing 
the border. That was the time many people in this body fully remember, 
when there were additional detention facilities that were opened up. 
There was a big push to be able to increase the capacity during that 
time period. That massive surge on the border during the Obama 
administration was in 2014, and it was 569,000 people a year. That was 
a crisis-level. Jeh Johnson came out and said: This is a crisis-level 
surge. It was 569,000 people that year who illegally crossed the 
border.
  To put that in context, we have had that many people illegally cross 
the border in the last 2 months. What the Obama administration called 
``a crisis'' over 12 months, we have had in the last 2. We have well 
over 2 million people a year that are illegally crossing the border 
now, and in the last 2 months since the nearing of Title 42 is coming, 
that number is rapidly increasing.
  During the Obama administration, they called it a crisis if there 
were 1,500 people illegally crossing the border a day; we are now 
approaching 9,000 people illegally crossing the border a day.
  And when I ask, ``What is the plan?'' I get: Well, we have this six-
point plan.
  Here is the problem: When I dig a little bit deeper--and we have been 
digging deeper to be able to find out how this is working--currently, 
there are no cooperative agreements with other countries to be able to 
return back individuals who are coming to our country where we don't 
have a relationship. I know it is on their plan to get it at some 
point. We don't have it, and December 21 is next week.
  All the work to be done to increase NGO capacity and processing 
capacity? That is happening. How to move people into the country 
faster? That is actually true. In fact, newspaper reports even as 
recently as today have reported that ICE agents are being told to 
release lower-level prisoners that they are currently holding to be 
able to allow more surge capacity for processing individuals after the 
21st of December.
  That is today's news.
  So they are gearing up to expedite processing people into the 
country. They are just not slowing down the number of people coming 
into the country or providing a deterrent.
  Other than this one comment that was made to my staff this week when 
we asked point blank on the expedited removal process and they said: 
Yes, we are actually increasing the number of people that we use for 
expediting removal.
  That sounds great until you check the facts on it. Here are the 
facts: This administration, in this year, the number of people that 
they have declared ``expedited removal'' they have actually removed, 
from those folks, 7 percent of the people--7 percent--that were 
declared expedited removal.
  Again, let me go back to the Obama administration and set this in 
context. In 2015, in the Obama administration's expedited removal, they 
were removing 69 percent of the people in 1 year. That is not an 
anomaly year, that is typical of people that were declared expedited 
removal who they were actually removing.
  This administration is using the term ``expedited removal'' so people 
will think, ``Oh, they are doing something,'' except only 7 percent 
have actually been removed.
  Now, listen: We have a wide diversity of opinion in this body about 
what needs to happen in immigration.
  I don't run into a lot of people that like what is happening on our 
southern border right now. It is chaos.
  I personally asked the Secretary of Homeland Security: How many 
people who are crossing our border right now--of the 2 million-plus 
last year, how many of those individuals have we done a background 
check on from their home country?
  His answer to me in the hearing was: Let me get back to you on that.
  By the way, I already know the answer to that, and so does he. It is 
zero.
  We do background checks on individuals when they cross our border to 
see if they have criminal records in the United States or if they are 
on a terror watch list, but we have no idea, as to the 2 million 
individuals who have crossed our border, if they were fleeing poverty 
or fleeing justice. We have no idea. We know they paid the cartels to 
be able to get through Mexico, and then we literally ushered them into 
the country. On the 21st of this December, the problem accelerates even 
more.
  To this body, I say: We have four times as many people illegally 
crossing our border now than during the Obama administration when they 
called it a crisis. Right now, we have four times as many people 
coming. On December 21, the problem gets worse because we cannot as a 
body speak to this issue and say: Stop.
  I don't know what it is going to take in our Nation because this is 
not a partisan issue across the country. It is just not. I run into 
people of all parties and all backgrounds who say: I am all in on legal 
immigration. I just think we should know who is coming through the 
door--is that so unfair?--or have some way of processing people to be 
able to know.
  Again, I have had folks say to me: What happens to these folks?
  Well, let me tell you the current process because the Biden 
administration continues to say: We are going to fight against all of 
the push-and-pull factors for these individuals who are coming.
  Can I tell you what the pull factor is? This is not hard.
  The pull factor is, right now, as for the vast majority of the folks 
who cross the border illegally, the Biden administration is processing 
them as fast as they can. The fastest way to process them is to give 
them what is called parole, and that is for the vast majority. Now, 
this is a different process from what previous Presidents have done--of 
all parties. They are processing individuals for speed to be able to 
give them parole. Parole gets them across

[[Page S7216]]

the border quickly. They hand them a document and give them a work 
permit that day. That day, they get a work permit. Then they are told 
to check in at ICE, but the next appointment at ICE, right now, is 5 
years in the future. Once they check in with ICE 5 years from now, then 
they are put in the next line to get to a Federal court to make their 
asylum claims. That is currently 10 years out.
  Can I explain to you what is happening? This is not hard.
  We are handing out American work permits at the border to people we 
have done no vetting for, ushering them into the country, and saying: 
We will check your asylum claim 15 years from now. Then, for some 
reason, it is a mystery as to why we are getting 2 million people 
illegally crossing the border.
  It is no mystery. We happen to live in the greatest country in the 
world, and everybody in the world wants to come here. This is not a 
mystery. This is why no President has done an asylum policy like this. 
This is why no President in the past has managed the border like this--
because we would have a massive rush at the border. On December 21, a 
bad situation gets worse, and this body just yawns and says it is no 
big deal. It is. When this blows up in our country's face, all of us 
are going to have to answer for it.
  Now, to be frank, the vast majority of the people who are coming 
across our border illegally are just trying to connect with family who 
are already here--also illegally present, but they are just trying to 
connect with family here.
  They have got job opportunities and want to be able to come for the 
job opportunities. I completely respect that. They are individuals from 
around the world who can make 10 times as much money if they cross our 
border and come into the country. I understand the pull factor of that, 
but we do have a legal process whereby we manage that, in theory. But 
who cares about the legal process anymore when you can just pay a 
cartel and come into the country illegally?
  The cartels on our southern border are some of the most ruthless 
cartels in the world. May I remind this body of what we all know full 
well: The State Department does a listing for every country in the 
world about Americans' ``travel and do not travel.'' A level 1 is 
Canada. A level 4 is Syria and Yemen: ``Don't go there. We can't get 
you out.'' We all know that ranking full well. May I remind you that 
the states just south of our border in Mexico have a level 4 rating 
from the State Department, warning Americans not to travel in that area 
just south of our border.
  Why do they have that rating from the State Department? Because a 
ruthless set of cartels runs several of those states. The State 
Department is advising all Americans: ``Do not travel there because it 
is not safe for you, and we cannot get you out.'' Those are the cartels 
that are being paid by all of the trafficking coming in.
  Last year, when I was there, I asked the Border Patrol: Have you been 
able to track how much the cartel just immediately to your south--this 
was in McAllen, TX. Can you track how much that particular cartel makes 
from trafficking people into the country?
  Their response was: Yes, we do interviews with folks. We know how 
much they are making.
  So what is the number?
  They said: The cartel just in this area--not along the whole 2,000-
mile border but just in this area south of McAllen, TX--makes $152 
million a week from trafficking people into our country.
  Our open immigration system is enriching some of the most ruthless 
cartels in the world, and we are currently doing nothing to stop it. 
Just wait until December 21 comes. Then let's see what happens.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Mexico.


        Remembering Staff Sergeant Hiroshi ``Hershey'' Miyamura

  Mr. HEINRICH. Mr. President, I am truly honored to join my friend and 
colleague Senator Lujan to recognize the life of Congressional Medal of 
Honor recipient and Gallup's own staff sergeant, Hiroshi ``Hershey'' 
Miyamura, who passed away this past November.
  The State of New Mexico ordered flags to be flown at half-staff in 
honor of one of our State's and, really, one of our entire Nation's 
greatest heroes.
  A second-generation Japanese American, Hershey Miyamura first 
volunteered for the U.S. Army near the end of World War II. He did so 
at a time when many of his fellow Japanese Americans--and that includes 
his future wife--were detained in American internment camps. He served 
in the storied 442nd Infantry Regiment, which was composed of soldiers 
with Japanese ancestry and became one of the most decorated units in 
U.S. military history. Following the start of the Korean war in 1950, 
the Army recalled Miyamura, who had remained in the Army Reserves, into 
Active Duty.
  The Korean war is often labeled the ``Forgotten War,'' and it is true 
that far too many Americans have forgotten the incredible sacrifices 
that were made by American servicemembers who fought alongside Korean 
as well as United Nations allies. More than 36,000 American 
servicemembers and more than 7,200 members of the Korean Augmentation 
to the U.S. Army gave their lives to defend a free and democratic South 
Korea. In the face of unthinkably harsh conditions, many servicemembers 
demonstrated the very best of what it means to be an American--none 
more so than Hershey Miyamura.
  During an intense overnight firefight from April 24 to April 25, 
1951, then-Corporal Miyamura ordered the men in his machine gun squad 
to fall back. Corporal Miyamura covered the withdrawal of his entire 
company from advancing enemy forces. He killed more than 50 enemy 
combatants in both hand-to-hand combat and with his machine gun. After 
he sustained severe wounds, enemy forces captured Corporal Miyamura as 
a prisoner of war but not until after he had allowed all 16 of the men 
in his machinegun squad to safely withdraw. In later years, Hershey was 
most proud of the fact that each and every one of the men who were 
under his charge that night survived the entire Korean war and returned 
home to his family.
  After his capture, Corporal Miyamura marched hundreds of miles to a 
prisoner of war camp, where he would endure nearly 2\1/2\ years of 
captivity. During this time, he served as a source of strength and 
comfort to many of his fellow prisoners of war as they endured terrible 
conditions.
  Nearly a month after an armistice agreement was reached, ending the 
hostilities on the Korean Peninsula, Corporal Miyamura was finally 
turned over to American authorities in Freedom Village. In a living 
history interview conducted years later with the Congressional Medal of 
Honor Society, Hershey remembered what it was like to see the American 
flag flying again for the very first time.
  Hershey said:

       Until I saw that flag, the Star Spangled Banner, waving in 
     the breeze, did I know that I had learned what it represents. 
     That alone is what makes you feel so humble.

  It was also only after his release that Hershey learned that his 
actions had earned him the Congressional Medal of Honor. Upon his 
return to the United States, President Dwight D. Eisenhower presented 
Corporal Miyamura with the Medal of Honor at a ceremony at the White 
House.
  Hershey also received a Purple Heart, a Prisoner of War Medal, a 
Combat Infantryman Badge, and a Meritorious Service Medal, in addition 
to the service medals recognizing his service both in the Korean war as 
well as in World War II. He achieved a final ranking in the U.S. Army 
of staff sergeant.
  Hershey Miyamura's lifelong dedication to his country never ceased. 
It continued long after his decorated military service ended. After he 
received his honorable discharge from the Army, Hershey opened up a 
service station along Route 66 in his hometown of Gallup, NM. He 
remained active in his community until his dying days in advocating for 
his fellow veterans and in inspiring young people with lectures on 
patriotism, faith, and service.
  It was one of the greatest honors of my public service career to work 
alongside Hershey in opening the VA's community-based outpatient clinic 
in Gallup in 2015. In 2018, I was also proud to join Hershey for a tour 
of the site that is now the Gallup State Veterans Cemetery.
  In recent years, Hershey touched the lives of countless young people 
in Gallup during his regular visits with students at the local high 
school that is

[[Page S7217]]

named in his honor. The Miyamura High School Patriots wear the colors 
purple and silver in honor of Hershey's Purple Heart; and a bronze 
statue of Hershey in his Army uniform and wearing his Medal of Honor 
stands at the main entrance of Hiroshi Miyamura High School.
  I hope that none of us will ever forget the profound example of 
humility and patriotism that Hershey Miyamura left to each of us as his 
enduring legacy. Hershey Miyamura truly embodied the best of what our 
Nation stands for.
  My thoughts are with Hershey's daughter Kelly; his sons, Pat and 
Mike; his four grandchildren, and all of those in New Mexico and across 
our great Nation who are mourning his loss and honoring his memory.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. LUJAN. Mr. President, I am honored to be here with Senator 
Heinrich to recognize a friend, a mentor, and a true American hero. I 
rise today to honor and pay my respects to a great American hero and 
friend we recently lost.
  Hiroshi ``Hershey'' Miyamura was born on October 6, 1925, to Yaichi 
and Tori Miyamura in Gallup, NM. In growing up in a household of seven 
children, Hershey's parents left their homeland of Japan to settle in 
New Mexico in the hopes of creating a better life for their children. 
While he never thought of himself as a serious student, Mom and Dad 
hoped he would be. As a child, Hershey's mind was otherwise occupied 
with tales of Hopalong Cassidy riding on his steed--the larger-than-
life-hero who saves the day.
  He later remarked in life that he always liked ``the good guys'' on 
and off the big screen. This is why it did not surprise anyone when 
Hershey's determined perseverance to join the U.S. Army finally became 
a reality. This dream became possible when the Federal Government 
created a battalion of mostly Japanese Americans during the Second 
World War.
  In a time when prejudice toward Japanese Americans was at an alltime 
high, Hershey remained firm in his conviction that he would serve under 
the flag and country his parents worked so hard to make their home, 
refusing to let tolerance extinguish his desire to serve our Nation at 
the highest level.
  Hershey joined the Army shortly before Japan's surrender in World War 
II, training as a machine gunner--a job he excelled at. When the Korean 
war began, he was recalled to service. As a corporal, he was entrusted 
as a squad leader in the Second Battalion, Seventh Infantry Regiment, 
Third Infantry Division.
  Even in the fog of war, Hershey was focused and selfless. He never 
lost sight of the friends he served alongside with. His fellow 
Americans were at the heart of everything he did.
  Fighting with the bayonet secured at the end of his rifle during a 
nighttime ambush by the Democratic People's Republic of Korea, Hershey 
ordered his squadron back to safer grounds, providing first-aid 
treatment when he could. Staying behind to cover their withdrawal, 
Corporal Miyamura fought off over 50 enemy troops before he was badly 
wounded and captured.
  For the next 28 months, he was a prisoner of war--all the while, his 
wife Terry did not know if her husband was dead or alive. Hershey 
suffered tremendously during this time. It is an agony that is almost 
impossible to imagine, and the strength of Hershey and Terry represents 
the very best that we all have, the very best in each of us.
  On the day of his release from the prisoner-of-war camp, Hershey 
would recall that day with pristine detail: the first sight of the 
Star-Spangled Banner blowing in the breeze, knowing that he was almost 
home.
  Returning to Gallup, NM, Hershey was greeted by a beaming crowd of 
family and friends, and military flyovers welcomed him home. For a 
moment, he was lost, but he was never forgotten.
  Hershey would go on to be awarded the Medal of Honor, our Nation's 
highest military declaration for valor, by President Dwight Eisenhower, 
a revered figure Hershey looked up to as a tested and admired World War 
II general.
  After the war, he worked hard in Gallup as an auto mechanic and small 
business owner, doing what he could to send his three kids off to 
college. He lived out the last days of his life just as he lived the 
first days of his life, as a source of joy and light.
  A soft-spoken and honest man, Hershey Miyamura witnessed the deepest 
evil and yet still chose joy. He chose to be a source of light to all 
who knew and loved him.
  Hershey continued to tell and retell his story to future generations 
with humility and that ever-present smile, beaming ear to ear.
  I want to remark on the clarity and sharpness he had, seemingly 
unfazed by the years that aged him. Talking with him and learning about 
his legacy of service was like being taken back to the dirt roads of 
South Korea alongside him. Hershey's experiences never left him.
  As for all the western cowboys and the Hollywood ``good guys'' he 
dreamed of as a child, I think it is fair to say Hershey far surpassed 
them and turned himself into a larger than life, real American war 
hero.
  Hershey passed away 2 weeks ago. He was the second-to-last living 
Korean war Medal of Honor recipient. His legacy and impenetrable faith 
will live on through all of us who loved him and know him, who have the 
honor of continuing to tell his story.
  I would encourage everyone across America to learn this story and to 
lift Hershey up.
  Hershey is survived by his sons, Mike and Pat; his daughter Kelly; 
his granddaughters, Megan, Marisa, and Madison; his grandson Ian; his 
five great-grandchildren; his sisters, Michiko, Suzi, and Shige.
  May God watch over and bless his family.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Jersey.


             Unanimous Consent Request--Executive Calendar

  Mr. MENENDEZ. Mr. President, I come to the floor today to ask for 
unanimous consent for Jay Snyder, our nominee to be a member of the 
U.S. Advisory Commission on Public Diplomacy.
  Around the world today, American values are in direct competition 
with powerful autocratic regimes. From Iranian protestors struggling 
against a misogynistic theocracy in Tehran to the African and Latin-
American nations combating Russian propaganda, to the information 
warfare China directs across the Taiwan Strait, in every case, a well-
run American public diplomacy program is often the best tool we have to 
make the case for our vision of the world--a world that respects 
international law, that supports free speech, and defends fundamental 
rights. And the members of the U.S. Advisory Commission on Public 
Diplomacy are essential to this effort.
  Since 1948, the Commission has worked to understand and inform 
foreign publics. And whether it is our people-to-people exchanges that 
introduce the world to our country or confronting the deluge of 
misinformation meant to undermine democracies across the globe, Jay 
Snyder's perspectives and expertise will be critical.
  He has a career spanning public service, academia, philanthropy, and 
the private sector, working throughout the United States, Europe, Asia, 
and the Middle East.
  He has served on the U.S. Advisory Commission on Public Diplomacy 
before, starting in 2003. He has also served as a representative to the 
United Nations General Assembly and in his home State at the New York 
State Commission on Public Authority Reform.
  In 2009, he founded the Open Hands Initiative, a nonprofit 
organization dedicated to public diplomacy, connecting young leaders 
and underserved communities across the developing world.
  He also serves on Georgetown University's College Board of Advisors 
and the University of Southern California's Center for Public Diplomacy 
Advisory Board.
  This is a nominee who will hit the ground running from day one.
  Russia and China are not sitting idly by. They are throwing money and 
manpower at an all-out effort to convince the world that democracy 
doesn't work. We need to be fighting back. Our Nation cannot afford to 
wait another day without Mr. Synder assuming his post to tackle these 
challenges.

[[Page S7218]]

  So I ask unanimous consent that the Senate proceed to executive 
session to consider the following nomination under the privileged 
section of the Executive Calendar: PN2451, Jay T. Snyder, to be a 
Member of the U.S. Advisory Commission on Public Diplomacy; that the 
Senate vote on the nomination without intervening action or debate; 
that the motion to reconsider be considered made and laid upon the 
table; that the President be immediately notified of the Senate's 
action and the Senate resume legislative session.
  The PRESIDING OFFICER. Is there objection?
  The Senator from Idaho.
  Mr. RISCH. Mr. President, reserving the right to object, first of 
all, let me say that I concur with the chairman of the committee on the 
remarks he has made regarding his position. It is an important 
position, and the points he makes about countering what China is doing 
certainly is well-taken, and I completely agree with it.
  I am going to object to this, but it is for process reasons, not 
because the individual or because of the lack of importance of the 
position it is.
  In the past, we have always moved these together when we have a 
partisan situation like this. When we discharge them from the 
committee, they are discharged in pairs. On this particular one, we 
haven't done that.
  I know the chairman is going to say that that is our fault because we 
haven't put a person up yet to move in tandem with this. To that, I 
will concede. But having said that, again, the process is we have 
always done this in pairs in the past.
  I commit to the chairman--I have already talked to the chairman about 
this--that we will do this. And before the end of January, we will have 
such a person to move together with this.
  If he asks after that, I will not object. But at this time, I have 
been requested to object so that we can have the opportunity to put 
that person up.
  So at this point, I would object.
  The PRESIDING OFFICER. Objection is heard.
  The Senator from New Jersey.
  Mr. MENENDEZ. Mr. President, I thank my distinguished colleague, the 
ranking member on the Foreign Relations Committee, for his remarks and 
for the conversation we had before. I appreciate that, and I look 
forward to making this happen in the very early part of the new 
Congress.
  But I will just simply say that the Board, of course, is comprised of 
nominees recommended by the majority and the minority, and, ideally, 
that is how they would move forward. I am ready to be supportive of 
moving forward on other nominees for this position as well.
  But as has been said, the reality is that the minority has yet to 
make their recommendations, despite having had more than 2 years to do 
so--2 years.
  So, in a sense, it is not fair to reject those who are waiting and 
went through the process and did their disclosures and everything else 
and have been hanging out there because the minority has not chosen to 
make their nominations.
  I understand the Senator is objecting on behalf of his leadership. I 
just hope that this draws attention to the Republican leadership so 
that they, hopefully, will come up with their two names so that as we 
start the new session of Congress, we can get this done right away.
  With that, I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Ms. BALDWIN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


             Unanimous Consent Request--Executive Calendar

  Ms. BALDWIN. Mr. President, I rise today in support of Dr. Laura 
Taylor-Kale, the President's nominee to be Assistant Secretary of 
Defense for Industrial Base Policy.
  As a member of the Defense Appropriations Subcommittee, I know that 
growing and sustaining our industrial base is a critical aspect of the 
resilience of our national security, and it is critical also to 
maintaining our competitive advantage with China and other near-peer 
competitors. A resilient defense industrial base is also vital to the 
support the United States is providing to Ukraine.
  Dr. Taylor-Kale is well suited for this role, having served in the 
Obama-Biden administration as Deputy Assistant Secretary of Commerce 
for Manufacturing in the International Trade Administration and as the 
senior adviser for policy and operations at the U.S. Development 
Finance Corporation. She has significant professional experience at the 
intersection of business and government and has a thorough 
understanding of industry challenges and their impact on supply chains 
most crucial to our national security. Her experience across 
government, the private sector, multilateral organizations, and 
academia leave her well suited to help ensure the Department of Defense 
continues to deliver secure and resilient capabilities to our forces.
  Filling this position is important. It is vital to addressing 
critical vulnerabilities in industrial supply chains, to reducing 
reliance on foreign adversaries, and securing domestic industrial 
capacity--all actions that are key to U.S. economic and national 
security.
  If we are serious about the role of the United States as a global 
competitor, we need a fully staffed and capable team managing the 
current and future needs of our military forces. Dr. Taylor-Kale will 
help complete that team.
  I ask unanimous consent that at a time to be determined by the 
majority leader, in consultation with the Republican leader, the Senate 
proceed to executive session to consider Calendar No. 1152, Laura 
Taylor-Kale, of California, to be an Assistant Secretary of Defense. 
(New Position); that there be 10 minutes for debate equally divided in 
the usual form on the nomination; that upon the use or yielding back of 
the time, the Senate vote without intervening action or debate on the 
nomination; and that the Senate resume legislative session.
  The PRESIDING OFFICER. Is there objection?
  Mr. SULLIVAN. Mr. President.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. SULLIVAN. Mr. President, reserving the right to object, I want to 
say a few words about the Biden administration's policies on the very 
subject which Dr. Laura Taylor-Kale is going to be in charge.
  Now, I have been working with this administration probably more than 
most Republican Senators, particularly on Department of Defense 
issues--on Department of Defense personnel, on helping them actually 
get confirmed--so I don't come down here and do this lightly. Heck, I 
introduced the Secretary of Defense, Secretary Austin, at his 
confirmation hearing and then whipped votes to make sure he got 
confirmed. So this is not my regular course of business even as it 
relates to the Biden administration but particularly as it relates to 
the Department of Defense. I have been someone who has been trying to 
help.
  But I am objecting because the Biden administration's policies are 
completely at odds with the President's public statements and my friend 
from Wisconsin's statements about the need for an industrial policy in 
critical minerals that will help our military and help our economy.
  Dr. Taylor-Kale will be in charge of this at the Pentagon--industrial 
policy, critical minerals, rare earths. What we are seeing, Mr. 
President, is they talk about this, but then they take actions against 
these very policies that hurt us. The No. 1 area where they take 
actions is my State, the great State of Alaska, which has more energy 
for America, more critical resources, more critical minerals, more rare 
earths for our Nation--for our Nation.
  My State has had 40 Executive orders or Executive actions in 2 years 
from this administration, issued singularly and solely against Alaska. 
Of course, that is crushing the economy of my State, workers in my 
State. But here is the broader point for this topic today: It is really 
undermining America's national security. Critical minerals, natural 
resources--we all know we need them, yet one big part of America--it is 
the target of this administration to shut it down. It is ridiculous.
  As I said to my colleague, if a Republican administration went to 
Wisconsin

[[Page S7219]]

or issued 40 Executive orders and Executive actions solely against 
Wisconsin or Maine and you guys came to me and said, ``Hey, Dan, help 
us. Geez Louise, the war on Alaska. Help,'' I would help.
  My State is getting crushed.
  Here is the specific issue that relates to this nominee. The 
President held a summit on critical minerals--a good example of what we 
need to do--on February 22, 2022, and he said: We need these critical 
minerals. The demand for them is going to increase 400 to 600 percent 
over the next several decades.

       We can't build a future that's made in America if we 
     ourselves are dependent on China for the materials that power 
     the products of today and tomorrow.

  And our national security.
  That is the President of the United States on his big critical 
minerals summit hosted at the White House to talk about supply chains 
and industrial capacity and military issues.

  The same day the President of the United States held that critical 
minerals summit, the Department of the Interior said that they were 
going to reverse a 7-year EIS record of decision, $10 million by 
professional staff in the Federal Government, on what is called the 
Ambler Mining District in Alaska, one of the biggest, most extensive 
sources of critical minerals in the country, maybe even in the world--a 
project, by the way, that has been in permitting since the Obama 
administration.
  That same day, they reversed it and said: Alaska, start over.
  Nuts. Crazy.
  So what I have done is I have put a hold on a couple of Department of 
Defense nominees who are in charge of this area, and Dr. Taylor-Kale is 
one. But I have been reasonable. I went to the Deputy Secretary of the 
Interior, the Deputy Secretary of Defense. We held a conference with 
White House officials. I simply said: I am not asking to reverse your 
crazy decision--which it was crazy. It hurts my State for sure, but it 
hurts the national security of our country.
  I simply said: I want three simple asks--so I have been trying to 
work to get the nominee cleared--three simple asks from this 
administration: Identify a definitive, workable schedule with a clear, 
legitimate timeline for completing the review of this project that has 
already been in almost 10 years of permitting--to do it in a timely 
manner. That was No. 1. Clearly state the Federal Government's intent 
to allow the Alaska entities that are trying to move this forward to 
continue to complete baseline scientific data gathering and design 
work, such as wetland delineations and engineering reconnaissance for 
this road. That was No. 2. Allow these Alaska entities that are moving 
this road and project forward to complete its planned geological 
drilling and core sampling program, which is critical to advancing the 
project and engineering design, as this case is now being remanded.
  That was it. That was it. Three simple requests. None of these are 
hard. None of them are hard.
  I have raised this with the Secretary of Defense, the national 
security team, of course, Interior, and they keep telling me no. This 
is easy. If the Secretary of the Interior came and said, ``Senator 
Sullivan, I saw your remarks on the floor. I agree with all three of 
those things. You are right; they are simple,'' I would lift my hold 
today.
  So the ball is in the administration's court. If they really want Dr. 
Taylor-Kale to be confirmed, they could do it tonight. Meet my 
requests, which are quite reasonable. I did not ask them to review or 
reverse the crazy decision that they made in February of 2022. These 
are very simple requests. I have been very reasonable on this. No one 
on their side is being reasonable, so I will continue to hold her and 
some of the other DOD nominees who are in charge of critical minerals 
and industrial capacity in the Department of Defense until the simple 
demands that I am asking for that not only will help my State but will 
help the national security of America.
  They won't do it, so I object.
  The PRESIDING OFFICER. Objection is heard.
  The Senator from Wisconsin.
  Ms. BALDWIN. Mr. President, I listened carefully to my colleague from 
Alaska as he objected, and I just want to add a couple of comments in 
response.
  I had a chance to share with him that there was a Wisconsin conflict 
between the Department of Defense and the Department of Interior, 
something that when I was a Member of the House of Representatives I 
worked on for 14 years and could not get it shaken loose--finger 
pointing, finger pointing. And then I had the honor of being elected to 
the U.S. Senate, where we have the power to place holds on nominees. 
And I had the opportunity, and took advantage of that opportunity, to 
place a hold on a nominee who was absolutely in the position to resolve 
the issue. And it is a powerful tool.
  In this case, the person who is being held could be doing so much to 
advance and grow our defense industrial base and help to improve our 
national security and resiliency. And this particular person is not in 
a position to, if confirmed, resolve the issue that I heard my 
colleague describe. So I am disappointed that we cannot move ahead with 
this confirmation at this time.
  I understand the power of the hold, but it is much more powerful when 
the person being held is also in a position to resolve the issue.
  And with that, I yield the floor.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. SULLIVAN. Mr. President, I just want to say that I certainly 
would be willing to work with my colleague from Wisconsin on this 
issue. I have been working on it in good faith with other Members on 
the other side of the aisle. Maybe, perhaps, she can help me with the 
three simple asks we have put forward to the Department of Interior, 
and if they agree to those simple asks--and they are simple--then I 
will lift my hold. So maybe the Senator from Wisconsin and I can work 
together on this.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Van Hollen). The Senator from Wisconsin.
  Ms. BALDWIN. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. SCHUMER. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________