[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[Senate]
[Pages S9769-S9770]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


     
     
                        NATIONAL DEFENSE AUTHORIZATION ACT
     
       Mr. VAN HOLLEN. Madam President, I rise to speak on the National 
     Defense Authorization Act for fiscal year 2023, which passed the Senate 
     last week. This year's defense bill supports our servicemembers, 
     bolsters our security both at home and abroad, and advances important 
     defense projects across our State. It invests over $800 million in 
     critical defense assets in Maryland, ensuring they are be ready to 
     address the challenges of today and tomorrow. It includes a 4.6-percent 
     pay raise and investments in health and child care benefits to ensure 
     that those who defend our Nation and their families enjoy the economic 
     stability they have earned. And this legislation includes vital 
     improvements to our military justice system that we have been fighting 
     to enact for years. Like any bill, this package isn't perfect, but on 
     balance, I believe it will strengthen our national security. I am glad 
     we came together and sent this bill to the President for signature.
       In particular, I am very pleased that this NDAA includes the Service 
     to the Fleet Act, which authorizes $636 million for a major 
     infrastructure overhaul of the Coast Guard yard in Curtis Bay, MD. The 
     yard is the Coast Guard's sole shipbuilding and major repair facility 
     as well as a critical economic driver for Maryland, directly and 
     indirectly creating thousands of good paying, skilled, union jobs. The 
     yard and the hard-working men and women who keep it running need the 
     proper infrastructure and equipment to continue to provide top notch 
     support for the fleet, which is why we must deliver the funds to 
     modernize their World War II-era facilities. Sending this legislation 
     to the President's desk is a major win for Maryland, and I look forward 
     to working with the White House, the Department of Homeland Security, 
     and my colleagues on the Appropriations Committee to ensure that this 
     authorization is fully funded through annual appropriations 
     legislation.
       I am also glad that this legislation includes key language from the 
     HBCU RISE Act, which I introduced with Senator Tillis. This bill aims 
     to spur greater research investment in historically Black colleges and 
     universities and other minority serving institutions while 
     strengthening our national defense research ecosystem. It creates a new 
     program with the U.S. Department of Defense to help HBCUs and MSIs 
     achieve ``very high research activity status,'' also known as ``R1'' 
     status. Maryland is home to four outstanding HBCUs that provide a 
     quality education for their students and help power American 
     innovation. And with this bill heading to the President's desk we are 
     providing an even greater investment in the success of universities 
     like Morgan State and UMES in Maryland and many others across the 
     country.
       Further, I am glad that this legislation includes the pilot program 
     established in the First Lieutenant Hugh Conor McDowell Safety in Armed 
     Forces Equipment Act, which will improve the readiness and safety of 
     the operation of military tactical vehicles. This legislation honors 
     the legacy of First Lieutenant McDowell, a distinguished U.S. marine 
     whose life was cut tragically short as the result of a vehicle rollover 
     accident. It was my honor to offer this legislation alongside Senator 
     Cardin and Representatives Brown, Wittman, and Ruppersberger, and it is 
     my hope that First Lieutenant McDowell's loved ones will be comforted 
     by the knowledge that, just as he protected his marines in life, First 
     Lieutenant McDowell's legacy will be the protection of future 
     servicemembers from these avoidable accidents.
     
     [[Page S9770]]
     
       The FY23 NDAA also includes historic reforms to the military justice 
     system and extends an innovative tool to address the backlog in 
     infrastructure needs at DOD laboratories that is used by multiple 
     Maryland military installations. It includes provisions I authored in 
     the State Department Authorization Act requiring the Department to 
     submit recommendations to Congress to streamline the security clearance 
     process and mandating that passport applicants be given the option to 
     have supporting documents returned to them by certified mail. This 
     legislation also includes the Water Resources Development Act, which 
     advances several key Maryland priorities, such as resources to ensure 
     our shipping channels and other waterways remain clear and accessible 
     for navigation, support for a variety of local water infrastructure 
     projects, and funding authorization for Chesapeake Bay watershed 
     environmental restoration. Lastly, this bill includes funding and 
     language that is critical to supporting Maryland's military 
     installations, including $175 million in authorized military 
     construction. The bill also includes report language ensuring the 
     Army's continued support for the demolition of contaminated facilities 
     at Aberdeen Proving Ground.
       While I am pleased with many of the provisions included in this bill 
     and voted for its passage, I do have significant reservations.
       I believe it is a mistake to continue funding for the research and 
     development, production, or deployment of the nuclear-armed sea-
     launched cruise missile--SLCM-N--and its associated nuclear warhead. 
     The United States already possesses an array of nonstrategic nuclear 
     capabilities that fulfill our theater nuclear deterrence missions and 
     reassure our allies of our extended deterrence commitments. In its 2019 
     cost estimate of U.S. nuclear weapons programs, the CBO projected that 
     the SLCM-N would cost $9 billion through 2028. This projection does not 
     account for production costs after 2028, nor does it factor in costs 
     associated with integrating the missile on ships, nuclear weapons 
     training for personnel, and storage and security for nuclear warheads 
     on naval bases. Not only is the program a waste of money, it will also 
     dangerously raise the risk of nuclear miscalculation and escalation.
       I regret that the bill does not include the Upholding Human Rights 
     Abroad Act, which I introduced with Representative Jacobs to close a 
     loophole that allows some U.S. security assistance to foreign forces 
     without being subject to Leahy Law restrictions that bar U.S. military 
     assistance to units credibly believed to have engaged in gross 
     violations of human rights. This is a simple, straightforward matter of 
     the United States living up to our most basic commitments as a member 
     of the international community.
       I also regret that the bill does not include the District of Columbia 
     National Guard Home Rule Act, which would give the D.C. Mayor the same 
     control over the D.C. National Guard that the Governors of the States 
     and Territories have over their National Guards. The attack on the U.S. 
     Capitol on January 6, 2021, and the events at Lafayette Square on June 
     1, 2020, are prime examples of why the D.C. Mayor should control the 
     D.C. National Guard. Denying this authority to the D.C. Mayor adds 
     needless layers of bureaucracy between the emergency of a situation 
     requiring the deployment of the Guard and its actual deployment. 
     Moreover, current law creates a dangerous loophole by which a President 
     may evade the Posse Comitatus Act and use the military for civilian law 
     enforcement. I will continue to work with Senator Carper and 
     Representative Norton to pass this legislation in the next Congress.
       Finally, I believe that this bill fails to reckon seriously with the 
     long-term budget challenges facing our country. We simply cannot afford 
     to continue this level of investment in defense at the expense of other 
     critical national priorities. I oppose the decision to invest an 
     additional $45 billion over the President's budget request for defense 
     while we continue to underinvest in diplomacy, development, and a wide 
     range of critical domestic priorities.
       While I am opposed to some of the provisions in this bill and 
     disappointed by the omission of others, I believe that, on balance, the 
     NDAA will strengthen our national security and advance other important 
     national priorities. For that reason, I voted in support of final 
     passage.
     
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