[Congressional Record Volume 168, Number 191 (Thursday, December 8, 2022)] [House] [Pages H8840-H8853] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] JAMES M. INHOFE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2023 Mr. SMITH of Washington. Madam Speaker, I move to suspend the rules and agree to the resolution (H. Res. 1512) providing for the concurrence by the House in the Senate amendment to H.R. 7776, with an amendment. The Clerk read the title of the resolution. (Text of H. Res. 1512, see Book II of this Record.) The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Washington (Mr. Smith) and the gentleman from Alabama (Mr. Rogers) each will control 20 minutes. The Chair recognizes the gentleman from Washington. General Leave Mr. SMITH of Washington. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on H. Res. 1512. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Washington? There was no objection. Mr. SMITH of Washington. Madam Speaker, I yield myself such time as I may consume. I rise to urge Members to support this piece of legislation. I thank everyone who worked on this process. All told, from the beginning of it, to now, over 2,000 Member requests were considered in some form or another, either in committee, on the House, or as we worked with the Senate. With that open, collaborative, and bipartisan process, we have produced, I think, an excellent product. First, and foremost, we support the men and women who serve in the United States military in this bill. Most specifically, we serve the people who are economically struggling the most by a 4.6 percent pay raise, increase in the basic housing allowance, increase in the basic needs allowance, making sure that the price of items at the commissary do not go up so much as to price people out of it. We support the men and women who serve in the military in this bill, and that is the number one most important role that we have. This bill also continues on the work that we did on last year's efforts to reform how sexual assault is handled in the military by including sexual harassment in the portions that are under the jurisdiction of the special victim prosecutor. There is a laundry list of things we do to really improve the quality of life for servicemembers and to exercise our oversight. This bill also contains a number of other oversight bills; the Intelligence oversight bill, the Foreign Affairs oversight bill, the Coast Guard authorization bill--authorization was the word I was looking for--as well as the Water Resources Development Act. All told, this bill is Congress exercising its authority to authorize and do oversight of the executive branch on behalf of the American people; and I think that is enormously important. We are a coequal branch of government. It is our responsibility to exercise that oversight and represent the people. Now, obviously, the most direct, sort of blunt force way that we do it is through appropriations, the money we spend. That is incredibly important as well. But the authorizing portion of what we do matters a great deal. It is our opportunity, as individual Members of Congress, to set policy for this country at the Department of Defense, first and foremost but, as I said, also in this bill on intel and foreign affairs and the Coast Guard and elsewhere. It is really important that we get that job done and we do it really, really well. I can't go through every single item that is in this bill, but I can tell you that just about every Member of this House has something in this bill that is important for policy, important to their district. I know because they have been talking to me for the last 6 months about it. This is important policy that makes a huge difference for the people of this body and the people of this country, and I would urge us to support it. I want to say two more quick things before I yield to my partner-- actually, three more quick things before I yield to my partner, Mr. Rogers, on this. First of all, I really want to thank him, the staff, and everybody involved in all of that. To field that many requests takes a lot of time. The staff on the Armed Services Committee has been outstanding, and we are a bipartisan staff. We work together in a collaborative process. All of the committee members, Republican and Democrat, have worked well together. Heck, in this moment I will even say something good about the Senate. They worked well with us also in a bipartisan, bicameral way. I really thank them for putting that process together. Second, I do want to just briefly address, there is always a lot of controversy about issues not within our jurisdiction and whether or not they go into the bill. What has to happen on that is the committees of jurisdiction have to agree. Democrat, Republican, House, Senate, you have got to get all four. If you get all four, great, we are happy to carry it. If you don't, we can't. I know it is important to you. I know you wish we could, but we can't because we don't have the votes for it. So I hope people understand that as we work with them on those outside issues. Lastly, I do want to address the vaccine issue, and I want to make a couple of things perfectly clear. Number one, the policy that the Department of Defense put in place in August of 2021 requiring servicemembers to be vaccinated was the absolute right policy. It saved lives and it improved readiness for the United States military while it was in place because it was absolutely clear that that vaccine made an enormous difference in protecting people from the disease. It was the absolute right policy; that is number one. Number two, servicemembers who refused to follow that order had to be disciplined. Orders are not optional in the United States military. You cannot function that way, and we are not going to undo that. But number three, right now, today, what is it, December whatever, in 2022, a policy that says you have to have gotten the first shot, and that is what the policy is that we are undoing in this bill. It says that you have to have gotten that first shot way back in 2021, either one Johnson & Johnson shot or the two-shot Pfizer or Moderna deal. [[Page H8841]] Right now, the science does not support that that makes you any safer today; it just doesn't. I urge the Department of Defense to go back now and look at that policy and think about what the right and best policy would be. But it does make sense to repeal that order from August of 2021. Personally, I would have preferred the Department of Defense do it on their own rather than the legislature telling them to. But since they didn't, I think this makes sense, and I think we ought to do it. Again, let me just conclude by saying this has been an excellent process. We have a nearly 4,000-page bill that exercises the authorizing and oversight authority of the United States Congress on behalf of the American people. We did it very well. We have accomplished a lot in this bill. I think every Member of this body can vote for it and feel really good about that. So I urge you to vote ``yes,'' and I reserve the balance of my time. Mr. ROGERS of Alabama. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise in strong support of H.R. 7776, the James Inhofe National Defense Authorization Act. Providing the authorities and resources our warfighters need to defend our Nation and defeat our adversaries is the greatest responsibility that we have in this Congress. We fulfill that responsibility with this NDAA. We put our servicemembers first, providing a 4.6 percent pay raise and expanding benefits for military spouses and families. To counteract the effects of record inflation on our military families, this bill increases housing allowances and lowers prices at commissaries, which offset the skyrocketing costs for rent and food; and it expands eligibility for low-income military families to receive additional allowances to cover basic needs. This bill also ends the COVID-19 vaccine mandate. The mandate has been needlessly forcing out thousands of talented and experienced servicemembers. I am pleased that we have reached an agreement on this. This bill is also focused on ensuring our warfighters are the best equipped and trained in the world. We increase funding for readiness, reversing cuts in military construction and housing projects; expanding training availabilities for servicemembers; and improving the safety of the ships, aircraft, combat vehicles, and facilities where our warfighters serve. We also divest of over $6 billion in the legacy systems that do little or nothing to deter China, or our other adversaries. We reinvest those savings in emerging technologies, such as IA, quantum computing, hypersonic weapons, and autonomous systems. These are the technologies we need to ensure our warfighters prevail in future battlefields. The threats against us are rapidly evolving. H.R. 7776 is laser-focused on preparing our military to counter threats from China and our other adversaries. It makes critical investments in new systems capable of surviving in contested environments. It includes provisions that will further harden our supply chain and industrial base against filtration from China; and it reaffirms our support to allies in the region, especially Taiwan. Finally, it strengthens our European alliance, as these democracies face grave threats from that crackpot in the Kremlin. I am very proud that we have, once again, come together in a bipartisan, bicameral fashion to fulfill our constitutional duty and produce a fiscal year 2023 NDAA. I urge all Members to support it. Also, like the chairman, I thank our staff for doing an incredibly good job of helping pull this together. I couldn't have a better partner in running this committee than Chairman Smith. So I thank him very much for his leadership. Madam Speaker, I reserve the balance of my time. {time} 1215 Mr. SMITH of Washington. Madam Speaker, I yield 1 minute to the gentleman from Rhode Island (Mr. Langevin), the chairman of the Subcommittee on Cyber, Innovative Technologies, and Information Systems. Mr. LANGEVIN. Madam Speaker, I thank the gentleman for yielding. Madam Speaker, I rise in strong support of this year's National Defense Authorization Act. I want to begin by thanking Chairman Smith, Ranking Member Rogers, and Ranking Member Banks for their leadership on this critical legislation. As chairman of the Subcommittee on Cyber, Innovative Technologies, and Information Systems, I am proud of all of the work that we have done in this year's bill, from cyber, to research and development, to artificial intelligence, as well as our efforts to combat climate change, including shifting towards developing sustainable alternative aviation fuels. It is this subcommittee, in particular, that works to deliver cutting-edge technologies into the hands of the warfighter. For the past 22 years, it has been my job to ensure that our troops never enter a fair fight. As I prepare to depart from Congress at the end of this year, I will always cherish the opportunity I have had to work across the aisle to provide for our national defense. I thank my colleagues and staff, without whom many of these accomplishments would not be possible. But most of all, I would like to thank each and every servicemember and civilian who has dedicated their life to the U.S. military and protecting our way of life. To honor their sacrifice, I urge all of my colleagues to support the NDAA. Mr. ROGERS of Alabama. Madam Speaker, I yield 1\1/2\ minutes to the gentleman from Colorado (Mr. Lamborn). Mr. LAMBORN. Madam Speaker, I rise today to speak in support of the James N. Inhofe National Defense Authorization Act for fiscal year 2023. As the ranking member of the Subcommittee on Strategic Forces, there are several provisions I am excited about. The bill directs the establishment of a national hypersonic initiative and requires a strategy to use unconventional capabilities to defeat hypersonic threats. The bill also fully funds nuclear triad modernization, restores funding for the nuclear sea-launched cruise missile, and prohibits retirement of the B-83 gravity bomb. It funds two additional Patriot batteries in the Guam defense system, and it advances planning for an East Coast missile defense site. The NDAA also requires a public strategy for the protection of satellites and directs the establishment of resilient and responsive space capabilities. Additionally, it replenishes American stocks of munitions that have been provided to Ukraine and have begun to be depleted. Finally, I am very supportive of the provision to rescind the COVID- 19 vaccine mandate and end separations, protecting the rights of our servicemembers. I conclude with one final public thank you to my good friend and colleague, Jim Cooper, for his service and steadfast partnership. Mr. SMITH of Washington. Madam Speaker, I yield 1 minute to the gentleman from Connecticut (Mr. Courtney), the chairman of the Subcommittee on Seapower and Projection Forces. Mr. COURTNEY. Madam Speaker, I rise today in support of the bipartisan fiscal year 2023 NDAA. Madam Speaker, as you know, Article I, Section 8, of the Constitution mandates that Congress ``shall provide and maintain a Navy.'' The Seapower and Projection Forces subcommittee's work does exactly that. Our mark increased the number of battle force ships from 8 requested to 11 and invests in the workforce and supply chain necessary for their construction. The bill also authorizes the Maritime Administration, for the first time, to buy 10 new-build sealift vessels to recapitalize our National Defense Reserve Fleet built in American shipyards by American workers. Also included is the first congressional action in support of the AUKUS security agreement between the U.S., Australia, and U.K. which establishes joint nuclear training for U.S. and Australian naval officers, which is critical for an Australian nuclear-powered submarine fleet of their own. I thank my colleagues on the subcommittee, particularly Ranking Member Rob Wittman, our outstanding [[Page H8842]] staff: Jay Vallario, Kelly Goggin, Dave Sienicki, and Naajidah Khan, and our defense fellow, Lieutenant Logan O'Shea, all who contributed so much to this measure. I urge my colleagues to vote ``yes'' and join Chairman Smith and Ranking Member Rogers in fulfilling our constitutional duty to our Nation. Mr. ROGERS of Alabama. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Virginia (Mr. Wittman). Mr. WITTMAN. Mr. Speaker, I thank Mr. Rogers for yielding. Yesterday, we remembered the 81st anniversary of the bombing of Pearl Harbor. The United States was surprised by the audacious Japanese attack and our national security was placed in peril. Times have changed, though, and Japan is now a bedrock ally of the United States today. I can't help but wonder if we learned the hard-earned lessons of Pearl Harbor or whether we are drifting into strategic malaise and will be caught unprepared by another attack on our national security. Frankly, we are not ready. With a Navy fleet that continues to tread water in overall force structure and an Air Force that continues to cede combat firepower, I am not confident of our trajectory. That is why I am pleased to have rejected a multitude of reckless national security objectives proposed by the Biden administration. This bill authorizes a 20 percent increase in ship construction, partially rejects an ill-advised divest-to-invest strategy and blocks a multitude of poison pills that were haphazardly tacked on to this legislation. While this is a good bill worthy of support, I look forward to the next Congress where we can assert with greater certainty a revised trajectory for our national security. We need to better assure our partners and allies and avoid our pre-World War II hubris by decisively deterring future aggressors. We have much work to do. I thank Ranking Member Rogers and his leadership during the top-line debate this year. We are adopting his budget vision today, a vision that ensures real growth for defense. I also particularly thank Chairmen Smith and Courtney for their desire to reach bipartisan consensus. My friends, this is a good bill that advances the national security of the United States. I urge all Members to support the bill. Mr. SMITH of Washington. Mr. Speaker, I yield 1 minute to the gentleman from California (Mr. Garamendi), the chairman of the Subcommittee on Readiness. Mr. GARAMENDI. Mr. Speaker, the Subcommittee on Readiness continues its works to ensure that our bases and our personnel are prepared for anything, from climate change to floods, fires, housing, and the like. Mr. Speaker, as I look at you there on the podium, I am saddened. I am going to miss you. I am going to miss the work that you have done and the extraordinary efforts you have made over your many, many years. Behind me is another woman who I am also going to miss, Jackie Speier, and Jim Cooper, who is not with us this morning. An extraordinary group of people, the three of you. You have carried this committee. You have carried all of us, and we thank you. Mr. ROGERS of Alabama. Mr. Speaker, I yield myself such time as I may consume. I will concur with my friend and colleague from California. You are going to be missed, not only as a member of our committee but as a Member of this body. We have been fortunate to have had the privilege of serving with you. Similarly, I would like to recognize my friend and colleague from Missouri, who is also going to be sorely missed. She has been a very valuable member of our committee for a long time and a leader on our committee. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from Missouri (Mrs. Hartzler). Mrs. HARTZLER. Mr. Speaker, it has been the honor of my life to serve on this committee. I rise in strong support today of the National Defense Authorization Act for fiscal year 2023. I thank Ranking Member Rogers and Chairman Smith for the work in developing this comprehensive bill. I also thank the TAL subcommittee chairman, Representative Norcross, for his leadership and collaboration, not only for this NDAA but over the past several years. This legislation would not have been possible without the hard work and dedication of the entire committee staff, including Kelly Repair; my chief of staff, Chrissi Lee; and Defense Fellow Steve Azab. I appreciate all of their efforts. The NDAA is always a bipartisan product, and it has been an honor to contribute to the development of these bills for the past 12 years. As ranking member of the Subcommittee on Tactical Air and Land Forces, I am pleased this bill reverses President Biden's cuts to our national security and restores funding for the procurement of vital platforms needed to continue to rebuild and modernize our military. Specifically, I am pleased that this bill authorizes funding for 8 F/ A-18 Super Hornets, to address the Navy's severe strike fighter shortfall; 24 F-15EX aircraft, to ensure the Air Force has both the capability and capacity to meet both current and future threats; and continued investments in Army ammunition facility modernization. This has been a top priority of mine since coming to Congress, and I am pleased at the progress Chairman Norcross and I have made in working with the Army to ensure proper investments are made for our ammunition facilities. Additionally, I am pleased this bill includes language to protect CID training at Fort Leonard Wood, language to ensure chaplains can use their resources for resiliency and suicide prevention programs, and several programs to combat the threat posed by China. Mr. Speaker, I urge my colleagues to support this with a ``yes'' vote. Mr. SMITH of Washington. Mr. Speaker, I yield such time as she may consume to the gentlewoman from California (Ms. Speier), the chair of the Subcommittee on Military Personnel. Ms. SPEIER. Mr. Speaker, this NDAA moves us forward in reforming the military justice system. We took sexual assault out of the chain of command last year in the NDAA. This year, we take sexual harassment out of the chain, and we require trained investigators who will investigate cases outside the brigade. Both are critical for the safety of military personnel because sexual harassment begets sexual assault. Suicide in the military is a crisis. This year, I visited bases in Alaska twice that were hit hard by suicide deaths. This bill expands the military and civilian behavioral health workforce. It authorizes cold-weather pay and offers each servicemember stationed in Alaska a paid trip home in 2023. We need to increase the pay of military childcare center workers. We have 19,000 families on waiting lists and are only using a third of the capacity in our facilities. This bill provides for a study. I hope we will do the right thing and make sure that these childcare providers are making more than those who are flipping burgers at the local restaurant. This bill also preserves crucial leave and paid travel for servicewomen who must go to another State to receive an abortion. Mr. Speaker, I urge support for this measure. I thank my committee and the personal staff. Mr. ROGERS of Alabama. Mr. Speaker, I do want to say, I am going to miss the gentlewoman from California. She has been a great member of our committee and has really championed some important issues that she just addressed. We will miss her. I do want to respond to her last remark and make a point. There is nothing in this bill that authorizes leave and paid travel for servicemembers to get an abortion. There is no policy in place in the Department for this. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Mississippi (Mr. Kelly). Mr. KELLY of Mississippi. Mr. Speaker, I rise today in strong support of Jim Inhofe National Defense Authorization Act. He is my friend, and he will be missed. He also will be missed as the former chairman and ranking member of the Senate Armed Services Committee. I thank Chairman Smith and Ranking Member Rogers for their hard work and my subcommittee friend, [[Page H8843]] Ruben Gallego, who is the chairman of the Subcommittee on Intelligence and Special Operations. We have done many things in the area. We have gotten new authorities for them to operate. We have gotten resources for them to operate throughout the world, to help us both in the counterterrorism fight and global power struggle with some of our competitors. Our Nation faces unprecedented challenges. I am very proud that this includes the COVID mandate being removed, that we will not be losing any more soldiers, sailors, airmen, and marines; that we also will not keep recruiting to stay low; that we will have more people who join a force that now is not hitting its commitment goals. I am committed to free-cost healthcare for all of our servicemembers, which includes our National Guard and Reserve. I thank Ms. Speier, who I served with on the Subcommittee on Military Personnel. We are going to miss her and also you, Mr. Speaker. Mr. SMITH of Washington. Mr. Speaker, I yield 1 minute to gentleman from New Jersey (Mr. Norcross), the chair of the Subcommittee on Tactical Air and Land Forces. Mr. NORCROSS. Mr. Speaker, I thank Chairman Smith and Ranking Member Rogers for what they have done in ushering this through. The Tactical Air and Land Forces Subcommittee portion of this year's NDAA manages our Nation's security risk and keeps America's land and air forces the best in the world. I especially thank our ranking member, Mrs. Hartzler--this will be her last NDAA--for her partnership and always putting America above all others. Certainly, this is an issue before us. It is a bipartisan bill, and we have the oversight of many programs, including the F-35, while reducing risks to the industrial base, particularly when it comes to munitions. {time} 1230 I can't adequately express my frustrations once again that the buy American provisions that would have strengthened our industrial base have been left out. Finally, I thank the professional staff who made it possible for what we do here each and every day, and I thank the men and women who built and maintain this great industrial base, the finest military in the world. Certainly, without my professional staff--Bill, Liz, Heath, Carla, Mike, and Payson--and my personal staff of Katie and Kevin, it wouldn't be possible. Mr. Speaker, I urge a ``yes'' vote for this bill. Mr. ROGERS of Alabama. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Wisconsin (Mr. Gallagher), my friend and colleague. Mr. GALLAGHER. Mr. Speaker, I stand before this Chamber today in strong support of this bipartisan defense bill that will help protect this country and take care of the young men and women who sacrifice for our freedom on a daily basis. We got a lot of good things done in this year's process. We have an $858 billion top line, an increase of $45 billion over President Biden's defense budget request. We continue to support and improve the lives of our servicemembers and military families by authorizing a military basic pay raise of 4.6 percent. We also have $500 million for additional housing allowances to counteract the skyrocketing cost of rent. I also support the repeal of DOD's COVID-19 vaccine mandate. We have a number of provisions looking at improving mental health services for servicemembers and their families. The conference agreement also reinforces that parents of children attending DOD schools have the right to review curriculum, instructional materials, and disciplinary policies. Also critically important is ensuring that our professional military education is geared toward warfighting. I thank the gentlewoman from California (Ms. Speier), our chair, for her work with me on looking into the state of our professional military education enterprise and for all the work that we have done together over the last 2 years. I will end by thanking the gentleman from Rhode Island (Mr. Langevin), as well, for his remarkable service. We worked together on the Cyberspace Solarium Commission. As I like to say, Jim was sounding the alarm about cyberspace before it was cool. He is a remarkable intellectual leader in that regard. Mr. SMITH of Washington. Mr. Speaker, may I inquire as to how much time remains on each side. The SPEAKER pro tempore (Mr. Langevin). The gentleman from Washington State has 9\1/2\ minutes remaining. The gentleman from Alabama has 9 minutes remaining. Mr. SMITH of Washington. Mr. Speaker, I yield 1 minute to the gentleman from Arizona (Mr. Gallego), the chair of the Intelligence and Special Operations Subcommittee. Mr. GALLEGO. Mr. Speaker, I rise today in support of H.R. 7776, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023. First off, the bill is a win for servicemembers, providing a 4.6 percent pay raise, increased funding for basic housing allowances, and improved women's healthcare. The bill also authorizes a range of critical provisions to address strategic challenges from China and Russia. We provide $6 billion for the European Deterrence Initiative, $800 million for the Ukraine Security Assistance Initiative, and $225 million for the Baltic Security Initiative, all of which is much-needed support for Ukraine and our NATO allies and partners. As chair of the Intelligence and Special Operations Subcommittee, I am proud of the bipartisan work of our subcommittee members, including historic reforms to the defense intelligence enterprise, Special Operations Forces, and our approach to the issue of civilian harm. The bill authorizes up to $50 million to support NATO Special Operations Headquarters, an effort that will improve relationships among Special Operations Forces of NATO countries. It also establishes an oversight framework for information operations, ensuring that Congress is notified no later than 48 hours after DOD approves a new military information support operation, and the bill delivers on our commitment to address civilian harm. The SPEAKER pro tempore. The time of the gentleman has expired. Mr. SMITH of Washington. Mr. Speaker, I yield an additional 30 seconds to the gentleman from Arizona. Mr. GALLEGO. Mr. Speaker, it requires the establishment of a civilian protection center of excellence and provides $25 million to implement the civilian harm mitigation response plan. Finally, and more importantly, I thank my subcommittee ranking member, Trent Kelly, for his contribution to this bill and his strong bipartisan work. I also thank my subcommittee staff, Shannon Green, Craig Greene, Will Braden, and Patrick Nevins, and, of course, my MLA Michelle Shevin- Coetzee and defense fellow Charlie Juhl. Mr. Speaker, it is a good bill, and I urge my colleagues to support it. Mr. ROGERS of Alabama. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from North Carolina (Mr. Rouzer). Mr. ROUZER. Mr. Speaker, I rise today not just to support the NDAA but some other provisions that are contained therein, one of which is very important to this country, as well, and that is the Water Resources Development Act of 2022, or WRDA, as we know it. Continuing the bipartisan, biennial tradition, in May, WRDA 2022 passed the Transportation and Infrastructure Committee by a voice vote. Later in June, it passed this Chamber with an overwhelming vote of 384- 37. Since then, of course, we have been working with our Senate colleagues to finalize this very important piece of legislation. WRDA came together with input from Members from all across the country and is an example of what can happen when Congress works together to find solutions for their constituents and the American public. This year's WRDA authorizes several Chief's reports, studies, and environmental infrastructure projects. It brings focus and priority to many important projects in my home State of North Carolina and throughout the country to better protect our communities from flooding. The legislation also supports fundamental Corps missions, such as navigation and storm damage reduction, [[Page H8844]] which in turn support our economy and help keep the supply chain moving, literally. I am honored to have had the opportunity to help craft this important bill, with critical input from my colleagues on both sides of the aisle. I especially want to thank Chairman DeFazio and Chair Napolitano, as well as Senate Environment and Public Works Committee Chairman Carper and Ranking Member Capito, for their leadership and work on this vital, very commonsense legislation. Mr. Speaker, I urge my colleagues to support this bill, and I appreciate their doing so. Mr. SMITH of Washington. Mr. Speaker, I yield 1 minute to the gentlewoman from Virginia (Mrs. Luria), the vice chair of the Armed Services Committee. Mrs. LURIA. Mr. Speaker, I rise today in strong support of this year's National Defense Authorization Act. This is a product of bipartisan work, from all across Congress, and especially within our Armed Services Committee. It is a historic investment in our defense. It makes a strong step forward in our important priorities within the Pacific, for some of our most challenging areas of the world, the investments in the Pacific; the continuing assistance to Ukraine; as well as making advancements in shipbuilding and preventing the decommissioning of some ships and platforms that remain relevant in this very challenging time. We can and should continue to do more in the future, and I trust my colleagues to make those investments as we move forward. As I wrap up my term here on the Armed Services Committee and in the House, I thank the committee staff on both sides of the aisle, as well as my staff in my congressional office and district office, for their unrelenting focus on the issues that are covered in the NDAA. I am proud to say that we had 23 items in this year's bill that provide significant, tangible results for our national defense, for the Navy, and for the Hampton Roads region. Mr. ROGERS of Alabama. Mr. Speaker, I yield 1 minute to the gentleman from Texas (Mr. Pfluger), my friend and colleague. Mr. PFLUGER. Mr. Speaker, I rise today in support of this legislation. I first thank the chairman and the ranking member for focusing our efforts with this piece of legislation on the threats, the most complex threat environment that we have faced, I believe, in our history, and getting rid of things that distracted us, like a vaccine mandate where we saw elite military forces having to make a choice that I believe was unconstitutional. I believe that focus is so necessary right now. For those that are in Killeen, Texas, in the Fort Hood area, which is home to the largest Active-Duty armored military installation in the free world, you have much-needed military construction funds that are coming to you to enhance your readiness. For those at Goodfellow Air Force Base, we are proud of the 12,000 airmen, soldiers, sailors, marines, and guardians that are trained there every year in the preparation of intelligence. We have to remain focused. It is a complex threat environment. Mr. Speaker, I urge my colleagues to support this piece of legislation and the most solemn duty that we face, which is supporting our military men and women and their families. Mr. SMITH of Washington. Mr. Speaker, I yield 1 minute to the gentleman from Oregon (Mr. DeFazio), the chairman of the full Transportation and Infrastructure Committee. Mr. DeFAZIO. Mr. Speaker, today is a historic day for our water resources and for bipartisan and bicameral work in the Congress. Mr. Speaker, I include in the Record a joint explanatory statement to accompany the Water Resources Development Act of 2022 and a letter to Chairman Smith. House of Representatives, Committee on Transportation and Infrastructure, Washington, DC, December 8, 2022. Hon. Adam Smith, Chair, House Committee on Armed Services, Washington, DC. Dear Chairman Smith: I am writing to further explain the intentions of Section 11252, Strategy for Retention of Cuttermen, of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023. In 2020, the Supreme Court of the United States ruled in Bostock v. Clayton County (590 U.S._(2020)) that the term ``sex'' included sexual orientation and gender identity for purposes of Title VII of the Civil Rights Act of 1964. Specifically, the Court determined that ``homosexuality and transgender status are inextricably bound up with sex. Not because homosexuality or transgender status are related to sex in some vague sense or because discrimination on these bases has some disparate impact on one sex or another, but because to discriminate on these grounds requires an employer to intentionally treat individual employees differently because of their sex.'' This rationale is applicable to a range of laws that prohibit discrimination on the basis of sex or gender. Indeed, federal courts both prior and subsequent to the Court's decision in Bostock have determined that our nation's federal laws that prohibit sex or gender discrimination also prohibit discrimination on the basis of gender identity including Title IX of the Education Amendments of 1972, Section 1557 of the Affordable Care Act, the Fair Housing Act, and the Equal Credit Opportunity Act. The Supreme Court in numerous decisions, such as United States v. Virginia (518 U.S. 515 (1996)), has used the terms sex and gender interchangeably. Our nation's nondiscrimination laws must be construed broadly to achieve Congress' aim of eradicating discrimination. In keeping with these cases and the current understanding of gender, I want to explicitly state on the record that the reference to discrimination based on gender in Section 11252(c) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 also includes discrimination on the basis of gender identity. I understand that the Coast Guard shares this view and understanding of Section 11252(c). It is critical that the Coast Guard attract and retain a qualified workforce serving on Coast Guard cutters and that such a workforce includes underrepresented minorities and servicemembers from rural areas. I thank you for including this important section in the NDAA and look forward to reading the Commandant's strategy for retention of cuttermen. Sincerely, Peter DeFazio, Chair. ____ Joint Explanatory Statement to Accompany Title LXXXI of Division H of Senate Amendment to H.R. 7776, With An Amendment, the Water Resources Development Act of 2022--James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 H.R. 7776, the Water Resources Development Act of 2022 (WRDA 2022) as passed by the House of Representatives and amended by the Senate is the legislative vehicle for the National Defense Authorization Act of Fiscal Year 2023. This joint explanatory statement, submitted on behalf of Chair Peter DeFazio and Ranking Member Sam Graves of the House Committee on Transportation and Infrastructure and Chair Tom Carper and Ranking Member Shelly Moore Capito of the Senate Committee on Environment and Public Works, reflects the view of the bicameral Chairs and Ranking Members responsible for managing negotiations to develop a final version of WRDA 2022, hereafter in this statement referred to as ``the managers.'' This statement of the managers describes the intent of the final legislation and the manner in which provisions in disagreement between the House of Representatives and the Senate have been resolved. Background WRDA 2022 primarily addresses the Civil Works program of the U.S. Army Corps of Engineers (Corps). The bill supports the nation's global economic competitiveness and environmental resilience by authorizing the Corps to undertake projects, programs, and initiatives in their Civil Works program relating to navigation, ecosystem restoration, flood and coastal storm risk management, hydropower, recreation, emergency management, and water supply. A water resources development act (WRDA) is the authorizing legislation for the programs and projects of the Corps' Civil Works program. Ideally enacted every two years, such an act is the main vehicle for authorizing water resources development projects to be studied, planned, and developed by the Corps. WRDAs typically authorize new water resources development projects pursuant to completed feasibility study reports from the Chief of Engineers, modifications to existing projects pursuant to reports from the Director of Civil Works, other modifications to existing projects, study authorizations for new projects, the authorization of miscellaneous projects consistent with the Corps' programs that also demonstrate a Federal interest, and other programmatic changes to the Corps' authorities. Projects and programs contained in WRDAs fall within one or more of the Corps' Civil Works' missions and authorities, which include navigation, ecosystem restoration, flood and coastal storm risk management, hydropower, recreation, regulatory, emergency management, and water supply. General Overview WRDA 2022 Title LXXXI of Division H is broken down into four subtitles: Subtitle A addresses general policy changes to the Civil Works program authorities. These changes include, among others: [[Page H8845]] increased support for coastal-related restoration and infrastructure; enhanced authority for the Corps to modernize projects during the performance of maintenance and emergency repair activities; greater flexibility for non-Federal sponsors of Corps projects; changes to ensure the efficient and effective delivery of water resources development projects, programs, and other assistance, including assistance to Tribal communities, economically disadvantaged communities, and states with water supply concerns; improved accessibility to Corps expertise and increased affordability of Corps projects for economically disadvantaged, rural, and Tribal communities; and increased support for research and development, technical assistance, and planning assistance to states. Subtitle B authorizes critical new feasibility studies to be conducted by the Assistant Secretary of the Army for Civil Works (Secretary), who jointly implements the projects and programs of the Corps with the Chief of Engineers and directs certain existing studies to be expedited to completion. The Secretary is also authorized or directed to complete assessments or reports pertaining to, among other things, dredge capacity, reservoir sedimentation, socially and economically disadvantaged small business concerns, and the economic valuation of preservation of open space, recreational areas, and habitat associated with project lands. Subtitle C identifies antiquated or outdated projects, and parts of projects, that are no longer needed for a Federal purpose for deauthorization. This subtitle also modifies existing projects and related provisions, including environmental infrastructure authorities, and calls upon the Secretary to expedite the completion of specified projects and studies. Subtitle D authorizes 25 new projects and six project modifications based on reports submitted to Congress by the Secretary or the Chief of Engineers. These projects address various mission areas of the Corps, including ecosystem restoration, flood and coastal storm risk management, navigation, and water storage for water supply. Discussion on Specific WRDA 2022 Provisions 2. The transformative nature of the last four WRDA bills on the Corps' Civil Works program has provided the Corps and non-Federal interests (sponsors) with a tremendous number of new opportunities for advancing projects more quickly. The managers expect the Corps to issue implementation guidance on the new provisions contained within WRDA 2022 in an expeditious and transparent manner, and where appropriate, to solicit the views of, and consult with, a wide array of stakeholders in the formulation of implementation guidance. In that light, the managers direct the Corps to provide periodic, bipartisan briefings to the staffs of the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works on the status of implementation of WRDA 2022, and any other unimplemented WRDA provision enacted by Congress since 2014, with the first briefing to be hosted no later than 90 days after the date of enactment of WRDA 2022. Generally, WRDA 2022 authorizes or directs the preparation of several assessments. The managers intend for the Secretary to conduct these assessments at Federal expense. Additionally, it is the managers' expectation that studies included in WRDA 2022 to modify authorized projects prior to or during construction, including studies to extend Federal participation in periodic nourishment, will continue to be initiated without a new start designation, in accordance with well-established budget policy. WRDA 2022 includes several provisions intended to increase support for economically disadvantaged communities in both rural and urban areas. The managers included this direction to ensure that the Secretary gives equal consideration to economically disadvantaged communities in rural areas and in urban areas when implementing the applicable authorities. The managers do not intend for this direction to affect the Corps' ongoing rulemaking to define the term ``economically disadvantaged community.'' In addition, in each of the last few WRDAs, Congress has directed the Corps to make greater use of natural and nature- based features and other measures to enhance resilient solutions through all the Corps' missions and authorities. However, despite this clear direction, which is enhanced through additional policy provisions authorized in WRDA 2022, the managers are concerned that these enacted provisions are not being fully implemented by the Corps and directs the Secretary to ensure that the availability and suitability of these approaches are explored in each of the Corps' Districts and Divisions. WRDA 2022 includes several significant provisions intended to enhance the Corps' authority to formulate, construct, maintain, and repair projects in a manner that holistically addresses the impacts of sea level rise and increasingly frequent and severe extreme weather events. Section 8102 of WRDA 2022 provides the Corps with increased flexibility to modify federally authorized hurricane and storm damage reduction projects during the performance of emergency repair and restoration activities to ensure that they perform adequately in response to changing conditions. In relation to this provision, the managers note that they received a request to authorize the construction of enhancements, including additional gulf side breakwaters, to improve the performance of the Grand Isle and Vicinity, Louisiana Beach Erosion and Hurricane Protection Project, Jefferson Parish, Louisiana. Accordingly, the managers direct the Secretary to consider the changes to section 5(a)(1) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941) made by this section when repairing or restoring this project to account for increased storm damage. Section 8103 of WRDA 2022 includes amendments to section 212 of WRDA 1999 that streamline the authority and incorporate shoreline protection and restoration into its scope. The managers intend for the Secretary to use this authority to give priority consideration to the protection and restoration of shorelines, riverbanks, and streambanks from erosion and other damaging impacts of extreme weather events. While the managers intend for the Secretary to address these hazards using nonstructural measures, natural features, and nature-based features to the maximum extent practicable, the formulation of projects that rely primarily on structural solutions is not precluded. Such solutions, however, must meet traditional economic or life safety justification standards if they do not otherwise satisfy the alternative standard in section 212(d) of WRDA 1999. Finally, while section 212, as amended, provides general authority for the Secretary to initiate studies, the managers do not intend for individually authorized studies, or studies carried out under programmatic authorities such as section 118(b) of WRDA 2020, to be excluded from implementation under the terms of section 212 if such studies otherwise fall within the scope of the section. Section 8106(a) of WRDA 2022 requires the Corps, when requested by a non-Federal sponsor for a study for flood or hurricane and storm damage reduction, to expand the scope of the study to include the formulation of measures to address damages attributable to all drivers of flood risk in the study area. When section 8106(a) is applied to a study for flood damage reduction, the federal interest in the formulation of measures to address flood risk in the study area will no longer be limited by the Corps' policy on minimum flows. When section 8106(a) is applied to a study for hurricane and coastal storm damage reduction, the Federal interest in the formulation of measures will extend to drivers of flood risk that do not coincide with coastal storm events, including flooding and erosion associated with sea level rise and so-called ``sunny day tides.'' Further, the managers expect the Secretary to continue to account for the effects of sea level rise, including an increase in the extent, magnitude, and frequency of tidal flooding, in the formulation of both flood and coastal storm risk management and ecosystem restoration projects by fully implementing existing authorities such as section 113 of WRDA 2020. Additionally, section 8106(b) of WRDA 2022 expands the Secretary's authority to formulate alternatives for any water resources development project, at the request of the non- Federal sponsor for such project, in a manner that increases a community's resilience to drought conditions. This provision will allow the Secretary to include individual measures for water supply and water conservation in a recommendation for a water resources development project as well as to design the water resources development project itself in a manner that maximizes the project's incidental benefits for those purposes. WRDA 2022 includes several provisions to enhance support for Tribal communities. Section 8111 of WRDA 2022 amends the Tribal Partnership Program established by section 203 of WRDA 2000. The amendments clarify that coastal storm risk management and erosion control projects fall within the program's scope. Additionally, section 8111 provides an alternative standard for justifying flood and coastal storm risk management projects, including erosion control and streambank stabilization projects, when such projects do not otherwise satisfy traditional standards for justification on the basis of economics or life safety. Section 8113 of WRDA 2022 clarifies the Secretary's authority to develop a comprehensive plan to replace Indian villages, housing sites, and related structures impacted by construction of The Dalles Dam, Bonneville Dam, McNary Dam, and John Day Dam in Washington and Oregon. The managers intend for the Secretary to work with the affected Tribes to develop the plan. With the clarifications made in this Act, section 204 of the Flood Control Act of 1950 should no longer be interpreted as restricting the Corps' authority to provide housing assistance at multiple village sites to mitigate impacts from construction of The Dalles Dam or from the construction of any of the other three dams. Further, section 8114 of WRDA 2022 amends section 1156 of WRDA 1986 to clarify that the cost share waiver for Tribes and territories is to be applied to reduce only the non- Federal share of study and project costs. In response to this amendment, the managers intend for the Secretary to correct the implementation guidance for section 1119 of WRDA 2016, which mistakenly provides for the waiver amount to be applied to shared study costs instead of the non-Federal share of study costs. Section 8130 of WRDA 2022 directs the Secretary to develop a strategic plan that identifies opportunities and challenges relating to furthering the policy of the United States to maximize the beneficial use of sediment [[Page H8846]] obtained from the construction and operation of the Corps' water resources development projects. In carrying out this section, the managers are aware of ongoing scientific research into the use of nutrient-rich dredged materials as a potential source of fertilizer for plant growth. The managers encourage the Corps, through its Engineer Research and Development Center (ERDC), to undertake an assessment on the beneficial use of sediment for such purposes, including an assessment of whether such use is cost- effective, sustainable, and safe for human health and the environment. Section 8146 of WRDA 2022 authorizes the Secretary to carry out capital improvements for the Washington Aqueduct. The managers intend that the definition of customers found in this section means the existing legal entities that purchase potable water from the Washington Aqueduct, namely the Fairfax County Water Authority, the District of Columbia Water and Sewer Authority, and Arlington County, Virginia. Section 8152 of WRDA 2022 authorizes the Secretary to provide assistance to pump stations when the failure of such pump stations would demonstrably impact the function of the federally authorized flood or coastal storm risk management project, which includes the impairment to water drainage from areas interior to a federally authorized flood or coastal storm risk management project. Congress directs the Secretary to consider this authority to provide such assistance to the Pointe Celeste Pump Station in Plaquemines Parish, Louisiana. Section 8154 of WRDA 2022 authorizes the Secretary to carry out a pilot program to evaluate the extent to which the provision of temporary relocation assistance enhances the completeness, effectiveness, efficiency, acceptability, and equitable implementation of nonstructural flood and coastal storm risk management projects involving the elevation or modification of residential structures. The managers intend for the Secretary to offer the non-Federal interest for each project covered by the section an equal opportunity to participate in the program. Section 8155 of WRDA 2022 directs the Secretary to continue construction projects that exceed or are expected to exceed maximum project cost limits during the period beginning on the date of enactment of this Act and ending on December 31, 2024. Though the Corps is still required to submit all relevant documentation to the House and Senate as required under section 902 of WRDA 1986, section 8155 ensures that supply change disruptions, inflation, and other factors contributing to rapid and unavoidable cost increases do not jeopardize the Corps' ability to execute the increased amounts of funding provided to the agency during this Congress to reinforce the nation's water infrastructure. Finally, in light of the number of Corps projects potentially requiring statutory cost increases that have only recently come to the attention of Congress, section 8155(b) establishes a new, permanent requirement that the Corps notify the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works of any water resources development project that exceeds or is expected to exceed its maximum cost under section 902 of WRDA 1986. Section 8158 of WRDA 2022 directs the Secretary to establish a Western Water Cooperative Committee to help mitigate the potential for conflict between the operation of Corps projects and state water rights. A bipartisan coalition of 19 Western Senators wrote to the Office of Management and Budget on September 17, 2019, in opposition to the proposed rulemaking entitled ``Use of U.S. Army Corps of Engineers Reservoir Projects for Domestic, Municipal & Industrial Water Supply'' (81 Fed. Reg. 91556 (December 16, 2016)), describing the rule as counter to existing law and court precedent. On January 21, 2020, the proposed rulemaking was withdrawn. The Corps should consult with the participating Western States to ensure, to the maximum extent practicable, that operation of flood control projects in such States is consistent with the principles of the first section of the Act of December 22, 1944, and section 301 of the Water Supply Act of 1958. Furthermore, the Western Water Cooperative Committee shall make recommendations that only apply to the defined list of Western States and ensure that any recommended changes or modifications to policy or regulations for Corps projects would not adversely affect water resources within other states. Section 8160 of WRDA 2022 modernizes the Corps' authority to carry out research and development activities. Included in this section is a temporary authority for the Corps to utilize transactions other than contracts, cooperative agreements, and grants for purposes of prototype projects. The managers intend for the Corps to expedite implementation of this authority by relying on, to the maximum extent practicable, existing U.S. Department of Defense guidance on other transaction authority. WRDA 2022 includes several provisions to support and enhance the delivery of public recreation benefits at Corps projects. The Corps operates more recreation areas than any other Federal or State agency, apart from the U.S. Department of the Interior. Nationally, visitors to nearly 600 Corpsmanaged dams and lakes spend an estimated $12 billion per year and support 500,000 jobs. Lakes managed by the Corps are economic drivers that support local communities. The managers remain concerned with the costs of ongoing operation and maintenance of these public recreation sites, which provide an enormous benefit to the country. Specifically, section 8161 of WRDA 2022 expresses the sense of Congress that the Secretary spend at least 80 percent of the revenue generated by each site on activities for the operation, maintenance, and upkeep of such site to encourage their continued use and economic benefit. Section 8212 of WRDA 2022 directs the Corps to provide the County of San Luis Obispo, California, with right of first refusal for any potential conveyance of the project for Salinas Dam, California. The managers are aware that the County and the Corps have engaged in negotiations for several years regarding the disposition of the Salinas Dam project and associated infrastructure and reservoir. The managers direct the Corps to engage in a collaborative process with the County with the goal of transferring the facility to the County as expeditiously as possible under conditions that are acceptable to all parties. Further, the managers direct the Corps to not take any action that would preclude the Corps from serving as the Federal agency solely responsible for disposal of the facility unless the County agrees with an alternative approach and the managers are satisfied that all parties are best served by the alternative approach. In addition, the managers direct the Corps to not take any action that would in any way assign responsibility for the facility to any military installation or other Federal agency until collaborative negotiations are complete, and all parties are in agreement with a disposal plan. Section 8303 of WRDA 2022 includes additional locations to an existing pilot program to utilize forecast informed reservoir operations (FIRO) at Corps owned dams and reservoirs. Additionally, the section authorizes a new pilot program in the North Atlantic Division. The managers urge the Secretary to ensure that sufficient budgetary resources are allocated to FIRO projects to more fully utilize this process in appropriate situations and to provide for the update of existing water operations control manuals to incorporate FIRO at reservoirs identified under the two pilot programs. The final version of Section 8327 of WRDA 2022 substantially incorporates the language contained in the original section 309 of the Senate amendment to H.R. 7776. Although an authorization of appropriations has been added to subsection (c) of section 8327 for future major maintenance, the managers do not intend for this paragraph to impose a requirement for additional funds to be appropriated to implement this subsection for the currently planned major maintenance if sufficient amounts are available in the existing allocation for major maintenance of the Indian River Inlet navigation project. Section 8346 of WRDA 2022 authorizes and directs the Corps to carry out water level management activities as part of the operation and maintenance of the navigation channel projects on the Upper Mississippi River and on the Illinois River (also called the Illinois Waterway) to help redress sedimentation and to improve the quality and quantity of habitat available for fish and wildlife. Because studies have shown that water level management activities carried out by the Corps produce important ecosystem benefits, the managers intend that such activities be routinely carried out and conducted as part of the operations and maintenance of the navigation channels as quickly as possible, and prior to the routine update of water control manuals for the covered projects. Section 8363 of WRDA 2022 states that the non-Federal interest for the project for hurricane and storm damage risk reduction, Colleton County, South Carolina, may be eligible to receive credit for construction and design work carried out by the non-Federal interest before a partnership agreement is executed for the specified project. The managers have agreed to this language based on the understanding from the Corps that all applicable laws and regulations, including the Davis-Bacon Act, would need to have been complied with for the work of the non-Federal interest to be creditable. WRDA 2022 authorizes significant new Federal investments in environmental infrastructure for communities across the nation. The managers intend for the Secretary to interpret all environmental infrastructure authorities to include, at a minimum, assistance for water supply storage, distribution, and treatment; wastewater collection and treatment; drainage; stormwater management; surface water resource protection and development; and water quality enhancement. Additional purposes may be expressly authorized for individual programs. With respect to implementation of specific programs, the managers intend for the additional appropriations authorized under section 8376(b)(8) for the environmental infrastructure authority authorized under section 594 of WRDA 1999 to be administered in a manner consistent with the previous funding authorized under section 594. Further, the managers intend for the Water Replenishment District of Southern California to be eligible for assistance under Section 219(f)(93) of WRDA 1992, as amended by section 8375(b)(2)(C) of the WRDA 2022. Other Policy Matters Both the House and Senate committee reports on the chambers' respective WRDA 2022 bills include direction on implementation of previously enacted authorities. To the extent consistent with the Act and this statement, the managers intend for the Secretary [[Page H8847]] to follow the direction on previously enacted authorities provided in those reports. In addition to the direction in the House and Senate committee reports on previously enacted authorities, the managers encourage the Corps to continue to explicate comprehensive documentation of benefits in project planning. As the Secretary implements the Principles, Requirements, and Guidelines for Water and Related Land Resources Implementation Studies, as directed by section 110 of WRDA 2020, the managers expect these agency-specific procedures to foster a comprehensive, consistent, and clear assessment in project planning documents that allows for full participation by project sponsors. Further, the managers seek to clarify the scope of existing authorities for periodic renourishment and mitigation of shore damages attributable to Federal navigation projects. To the maximum extent practicable, the Secretary is directed to provide periodic nourishment in accordance with subsection (c) of the first section of the Act of August 13, 1946, and subject to section 156 of WRDA 1976, for projects and measures carried out for the purpose of restoring and increasing the resilience of ecosystems to the same extent as periodic nourishment is provided for projects and measures carried out for the purpose of coastal storm risk management. For all future projects to mitigate shore damage attributable to navigation projects under section 111 of the River and Harbor Act of 1968, the Secretary is instructed that shores damaged by navigation features and projects for which the Corps has assumed responsibility through any method, including the Cape Cod Canal, are eligible for assistance under the section. Although the Cape Cod Canal jetties were initially constructed by private interests, the Cape Cod Canal project has been under Federal control for over 100 years. The Federal Government owns the project and has reconstructed, operated, maintained, repaired, and rehabilitated the project numerous times since acquiring the channel. The project does not have a non-Federal sponsor. This section provides clear authority for the Secretary to implement mitigation measures to address the shore damage caused by the Cape Cod Canal jetties at full Federal expense. The Secretary is directed to exercise this authority without further delay. Further, the Secretary is directed in the future to apply this section in a manner that does not preclude Federal participation in the cost to mitigate damages caused by a navigation project or feature solely because the project or feature was initially constructed by a nonFederal entity. The managers remain concerned about the impacts of drought to the nation's water supply, including the current drought in the State of California and other arid States. Section 221 of WRDA 2020 directed the Corps to submit a report to Congress on the benefits and consequences of including water supply and water conservation as a primary mission of the Corps. Section 221 of WRDA 2020 directed this report be transmitted to Congress by June 2022; however, the Corps has now significantly missed this statutory deadline on an issue of critical importance to communities concerned about long- term water supply availability. The managers direct the Corps to prioritize and expedite completion of this report, and to provide a bipartisan briefing to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works within 90 days of the date of enactment of this Act on the status of such report. During consideration of WRDA 2022, the managers received a request related to public safety at federally authorized hurricane and storm damage reduction projects, such a the project at Cape May Beach in Cape May, New Jersey. The managers encourage the Secretary to work with the State of New Jersey, the non-Federal sponsors of similar hurricane and storm damage reduction projects in the region, and other interested stakeholders and public safety officials to examine whether the rate of head, neck, and spine injuries sustained at Cape May Beach as reported by the New Jersey Department of Health and the City of Cape May Beach Patrol is similar to or differs from those reported at other federally authorized projects in the region. The managers received a request related to the Corps' use of its existing authority to perform advance maintenance of the nation's federally authorized navigation channels. These channels are essential to keeping the international supply chain open and operating efficiently during this period of economic recovery. The managers strongly urge the Corps to make optimum use of available authorities to ensure that these waterways are adequately maintained and able to accommodate global shipping needs and generate economic benefits during this critical time. The use of advance maintenance can be particularly impactful in channels with high shoaling areas. Over time these areas naturally silt in and are especially vulnerable to the advent of more intense storms, and repeated advance maintenance efforts may be necessary to guard against depth reductions which can lead to draft restrictions for larger global vessels. The managers encourage the Corps to maintain Federal channels at their approved advance maintenance depth. The managers are aware that the Corps utilizes a wide range of platforms, sensors, and other technologies to conduct a range of research and monitoring activities, including the use of uncrewed platforms and sensor packages. The managers encourage the Secretary, in coordination with the Corps' Engineer Research and Development Center (ERDC), to consider establishing an Uncrewed Systems Innovation Center to ensure the appropriate development and utilization of innovative uncrewed technologies, including autonomous, remotely operated airborne, terrestrial, and maritime vehicle systems. The managers received a request to consolidate the management of all active Miami-Dade County water resource projects into the Jacksonville District. The managers encourage the Corps to transfer project management of the Miami-Dade Back Bay Coastal Storm Risk Feasibility Management from the Norfolk District to the Jacksonville District. The managers received several requests related to the potential modification of lock and dam structures on the inland waterways system to allow for remote operations, including concerns with the vulnerability of remote operations to cyber-attacks and the potential impact of remote operations on current Corps' employees. The managers remind the Secretary that section 222(b)(1)(B)(V) of WRDA 2020 set forth a security framework for studies carried out by the Corps. Results from that effort should be used to address cyber security concerns for Corps structures, particularly locks and dams, that utilize remote supervisory control and data acquisition (SCADA) type products for automation control systems as part of the Corps' national security interests. The managers request a bipartisan briefing on these activities. The managers also recognize that remote lock operations along commercial and recreational waterways can increase the availability and capacity of the locks, especially in lower-use waterways, and can support other economic drivers in counties throughout America. The managers received a request to consider potential expansion of remote operations to additional locations, such as in the Upper Allegheny Locks in Armstrong County, Pennsylvania. However, the managers remind the Secretary of recent Congressional action to statutorily declare Corps' lock and dam employees as inherently governmental and direct the Secretary to report to the managers on any potential workforce impacts of any proposed automation and remote operations activity before they are carried out, and to ensure that any recommendations in a completed study will not result in the loss of jobs for current lock and dam employees. As part of the Isabella Lake Dam Safety Modification Project in Kern County, California, the Corps is building the U.S. Forest Service a new visitor center to replace a facility that was demolished due to this project. The managers note discussion on this visitor center started a decade ago, but understands the Corps is now in the process of acquiring private property on which to build this facility from a willing seller. Accordingly, the managers support the Corps efforts on this project and direct the Corps to continue to work expeditiously to bring this visitor center to fruition. The managers direct the Corps to consult with the Indian Wells Valley Groundwater Authority and the Naval Air Weapons Station China Lake to validate proposed solutions to resolve water supply needs and eliminate overdraft in the Indian Wells Valley groundwater basin in California. This validation effort shall review and develop measures needed to provide water supply resiliency in the basin and for the critical Federal defense assets that overlie it, including, but not limited to, the preparation of comprehensive plans for the development, implementation, utilization, conservation, or importation of water, infrastructure needs, and related land resources in the basin. Such plans shall consider the potential and projected water supply needs of the critical defense assets and future growth within the basin. The Corps is directed to report to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works within 180 days of enactment of this Act on the validation effort. The Success Reservoir Enlargement Project was authorized by section 101(b)(4) of WRDA 1999 to improve both flood damage protection and water supply in Tulare County, California. In House Report 116-460, the managers previously encouraged the Corps to advance this project. The managers note their support for this project and continue to encourage the Corps to expedite this project through completion. The managers received a request related to completion of the Comite Diversion project, Louisiana, authorized as part of the project for flood control, Amite River and Tributaries, Louisiana, pursuant to section 101(11) of WRDA 1992. The managers direct the Secretary and any other relevant agencies to take all steps necessary to ensure completion of the project as quickly as possible. The managers request, within 90 days of the date of the filing of this report, that the Secretary provide a bipartisan briefing on the status of completion of the project. The Port Fourchon, Belle Pass Channel, Louisiana, navigation project, authorized in WRDA 2020, features as a key component 100 percent beneficial use disposal of project dredge material. The managers are encouraged that progress has been made between the Corps and the non-Federal sponsor in designating a beneficial use disposal site [[Page H8848]] that will meet National Economic Development goals, as well as satisfy the local community's need for beneficial use disposal at impacted coastal areas. The Corps is expected to provide the non-Federal sponsor with a revised Project Management Plan (PMP), delineating tasks and costs associated with addressing remaining conditions contained in the Port Fourchon, Belle Pass Channel, Louisiana, authorization, including a revised dredge material disposal plan that will designate the beneficial use disposal site. As such, the managers direct the Secretary to negotiate and complete a PMP that is satisfactory to the Secretary and the nonFederal sponsor, including the selection of a beneficial use disposal site agreed upon by the nonFederal sponsor, as soon as possible. Mr. DeFAZIO. Mr. Speaker, this bill makes history as the fifth consecutive water resources development bill, the first time in the history of the United States Congress this has been done. It authorizes 25 construction reports of the Chief of the Corps of Engineers, essential to Portland, Oregon; Tacoma, Washington; Selma, Alabama; and right here in Washington, D.C. The bill also meets the challenge of climate change, even though some deny it exists, by rebuilding and maintaining critical navigation jetties and breakwaters to dimensions necessary to address sea-level rise and extreme weather events, impacts of coastal storms, and inland flooding. It also addresses future water supply needs in the arid West and works to make communities more resilient. For the first time in over a decade, it significantly expands the Corps' environmental infrastructure authorities to assist more communities in addressing their drinking water and wastewater needs. The SPEAKER pro tempore. The time of the gentleman has expired. Mr. SMITH of Washington. Mr. Speaker, I yield an additional 30 seconds to the gentleman from Oregon. Mr. DeFAZIO. Finally, it also includes the Don Young Coast Guard Authorization Act of 2022, authorizing $13.6 billion and $14.5 billion for the next year for much-needed shoreside infrastructure. It also authorizes a third polar security cutter. The Russians have 20 icebreakers. The Arctic is opening up. We need a third cutter, and then we need the smaller cutters. I thank Ranking Member Graves, Chair Napolitano, Ranking Member Rouzer, Chair Carbajal, Ranking Member Gibbs, and all of my staff for their tremendous work on this committee. Mr. ROGERS of Alabama. Mr. Speaker, I wholeheartedly agree with Mr. DeFazio on those icebreakers. It is just inexcusable that we don't have that capability. Mr. Speaker, I have no further speakers. I reserve the balance of my time until the chairman is ready to close. Mr. SMITH of Washington. Mr. Speaker, I yield 1 minute to the gentlewoman from Texas (Ms. Jackson Lee). Ms. JACKSON LEE. Mr. Speaker, I know how hard the chairman works. I would have preferred the mark of the President's budget, but this is hard fought and hard won. I thank the chairman for the raise that has been given to our servicemen, their housing allowances. Let me thank him for this important research stream to the historically Black colleges and for Ukraine. Let me also thank him for what we have fought for in the name of Vanessa Guillen, and that is a new protocol for the sexual assault that occurs in our military branches. Let me not point out a particular one. Let me also stand on this floor and say hostage Brittney Griner has come home. That is a testament to what America is all about. I thank all those who played a role and indicate that, as she has come home and her family is ecstatic, I remind everyone that former marine Paul Whelan should be brought home, as well. I thank President Biden for working on making sure there is an authorization bill that really responds to the people of the United States military. I am delighted that the amendments dealing with breast cancer that I offered were included, $10 million for triple-negative breast cancer. I am delighted for the PTSD funding, $2.5 million, that I offered, as well, to ensure that the people of the military are taken care of. Mr. Speaker, I ask my colleagues to recognize the importance. Brittney Griner is home. Madam Speaker, thank you for this opportunity to express my support for the House amendment to the Senate amendment to H.R. 7776, the National Defense Authorization Act for FY 2023. Congress has the solemn duty to ensure that those who wear the uniform of the United States--and those civilians who provide logistical and operational support--have the equipment, training, and resources needed to carry out and complete their mission. And we must never forget that a grateful nation has a sacred obligation, in the words of President Lincoln, ``to care for him who has borne the battle, and for his widow and his orphan.'' This legislation rises to meet that mandate admirably in myriad ways, from providing a 4.6 percent pay raise for service members to increasing funding for housing, childcare, and improved food for service members. Importantly, the bill provides over $131 million in funding for research at HBCUs--a 22.8 percent increase--which improves integration of HBCUs into our country's national defense research and development infrastructure. These are important measures because, as the DoD is the largest federal agency, the wide scope of activities covered by the NDAA impact every sector of our economy and every facet of American life. The activities funded by the NDAA are, in effect, a microcosm of the activities of the United States, and, as such, they must set the tone for how these issues are to be addressed in our country's other industries and communities. Of course, the main purpose they serve is to protect our country and strengthen our national defense. So, I am pleased that this bill reinforces our capacity to meet the challenges posed by Russia's aggression in Ukraine, China's increasing agitation in the South China Sea, non-state terrorist groups, cyber-attacks, and other threats to our country. I am especially pleased that this bill adopts a modern yet long-term approach to our national defense by embracing innovative strategies, emerging technologies, workforce diversity and inclusion, preparation for asymmetric combat, and operational continuity and resilience. In furtherance of these essential principles and methods, I offered amendments to the NDAA when it came to the floor of the House in July, and I am very pleased that the legislation before us today includes my amendments which I would like to summarize. My amendment #191 authorizes a $2.5 million increase in funding to combat post-traumatic stress disorder (PTSD), and I thank my colleagues on the Armed Services Committee for adding the full $2.5 million increase into this legislation. PTSD was first brought to public attention in relation to war veterans, but it can result from a variety of traumatic incidents, such as torture, being kidnapped or held captive, bombings, or natural disasters such as floods or earthquakes. According to the NIH, an estimated 3.6 percent of U.S. adults had PTSD in the past year. People with PTSD may startle easily, become emotionally numb (especially in relation to people with whom they used to be close), lose interest in things they used to enjoy, have trouble feeling affectionate, be irritable, become more aggressive, or even become violent. Most people with PTSD repeatedly relive the trauma in their thoughts during the day and in nightmares when they sleep. These are called flashbacks. A person having a flashback may lose touch with reality and believe that the traumatic incident is happening all over again. My amendment recognizes that the soldiers afflicted with PTSD are, first and foremost, human. They carry their experiences with them. Ask a veteran of Vietnam, Iraq, or Afghanistan about the frequency of nightmares they experience, and one will realize that serving in the Armed Forces leaves a lasting impression, whether good or bad. My amendment will help ensure that ``no soldier is left behind'' by addressing the urgent need for more outreach toward hard-to-reach veterans suffering from PTSD, especially those who are homeless or reside in underserved urban and rural areas of our country. My amendment #194 authorizes a $10 million increase in funding for increased collaboration between the DoD Office of Health and the National Institutes of Health to research and combat Triple Negative Breast Cancer. I am very pleased that my colleagues added the full $10 million increase into the bill. As a Member of Congress, a mother, a sister and a spouse, and a breast cancer survivor, I feel a special responsibility to do all I can to ensure that every American can defeat all types of cancer, and especially triple negative breast cancer (TNBC). We must increase our efforts to protect women in the military, and women who are spouses of service members, from this virulent and lethal illness. The 13-25 percent of breast cancers that are triple-negative disproportionately afflict [[Page H8849]] Black women. Although the rate of all breast cancers is 10 percent lower in Black women than white women, Black women are 3 times more likely to suffer from triple negative breast cancer than are white women. In 2013, the American Cancer Society estimated that 27,000 Black women are diagnosed with the illness annually. African American women who are diagnosed with triple negative breast cancer--an especially aggressive type of cancer which often occurs at younger ages than other breast cancers--have a five year survival rate of 78 percent after diagnosis as compared to 90 percent for white women. The key to beating this cancer is early detection, and the DoD's health care system for women service members and women who are spouses of service members can enable early detection. A 2007 study of more than 50,000 women with all stages of breast cancer found that 77 percent of women with triple-negative breast cancer survived at least 5 years, versus 93 percent women with other types of breast cancer. Another study of more than 1,600 women published in 2007 found that women with triple-negative breast cancer had a higher risk of death within 5 years of diagnosis. By prioritizing this very lethal condition, the DoD can make great strides in protecting women from triple negative breast cancer's worst effects. My amendment #199 directs the Secretary of Defense to ensure that candidates granted admission to attend a military academy undergo screening for speech disorders and be provided appropriate opportunities and supportive services. Academy students should have the option of undergoing speech therapy to reduce speech disorders or impediments. I am pleased that Report Language was added that cites the DoD's recent attention to this issue, and states, in part, that the DoD is now ``noting the availability of medical waivers in certain circumstances for physical or medical standards, providing the Reading Aloud Test administered to applicants,'' and very importantly, ``describing the availability of speech therapy.'' My amendment #195 directs the Secretary of Defense to audit current practices for the administration of sexual harassment claims and submit a report detailing efforts to prevent sexual harassment and protect service members, and compiling data and research on sexual harassment prevalence in the military, cases reported, legal proceedings, and convictions. Sexual assault is endemic in our military, especially for female service members. Streamlining and auditing the process of reporting sexual assault protects victims and is a necessary step in weeding out abusers. I am very pleased that this bill advances key reforms to the Uniform Code of Military Justice to prevent sexual harassment and abuse by: placing sexual harassment and related sexual offenses in the jurisdiction of the Special Trial Counsel; requiring independent trained investigators outside of the immediate chain of command to investigate claims of sexual harassment; requiring the randomization of court-martial panels; expanding reporting requirements on the implementation of the New Special Trial Counsel program; and permitting the Secretary of Defense to expand restricted reporting of sexual assault for civilian employees rather than relegating them to only filing unrestricted reports with the military. In light of these measures to reform the enforcement process against sexual offenses, I am pleased that, as a result of my amendment, Report Language has been added, stating that, ``. . . the matters addressed in this provision are routinely addressed in the Department's Annual Report on Sexual Assault in the Military.'' My amendment #190 requires a report to be submitted to Congress within 240 days following enactment on the risks posed by debris in low earth orbit and to make recommendations on remediation of risks and outline plans to reduce the incident of space debris. Man-made objects in Earth's orbit that become space debris no longer serve a useful function, yet their impact can pose serious risks to personnel in orbiting spacecraft, satellites, and essential systems since they travel at speeds up to 17,500 miles per hour. Space debris includes nonfunctional spacecraft, abandoned launch vehicle stages, mission-related debris, and fragmentation debris. I am very pleased that my amendment led to inclusion of bill language requiring the Secretary of Defense to respond to a reporting requirement regarding space debris that was included in the Joint Explanatory Statement accompanying the National Defense Authorization Act for Fiscal Year 2022 specific to defense and national security space assets. My amendment #198 requires the National Guard Bureau, in coordination with the Secretary of Defense, to submit to Congress and others in 2023, 2024, and 2025 a report identifying the personnel, training, and equipment needed by the non-federal National Guard to prevent, mitigate, respond to, and recover from natural and man-made disasters. Hurricane Harvey's impact in Texas was so severe that it lingered for years. The storm's footprint covered over 9,000 square miles, including the city of Houston. Hurricane Harvey dropped over 52 inches of rain in the Houston area. At its peak, one-third of Houston was underwater, leaving 34,575 evacuees in shelters across Texas. The scope and magnitude of these dueling disasters tested the National Guard and Reservists in unprecedented ways. To prepare for major natural disasters in the future, this amendment requires a readiness report by the National Guard and Reservists to make sure they have what they need to assist communities in need of disaster assistance. My amendment will help the National Guard help communities prepare for disasters, respond to them, and rebuild from them. It will improve the ability to support the important mission of the National Guard and Reservists to engage in disaster response. Thus, I am pleased that bill language was included to require the Chief of the National Guard Bureau to include in the National Guard Bureau unfunded priorities list any unfunded priorities related to non- Federal National Guard responsibilities in connection with natural and man-made disasters. My amendment #197 requires the Secretary of the Navy, not later than 180 days after enactment of this Act, to submit to Congress a report on desalinization technology's application for defense and national security purposes to provide drought relief to areas impacted by sharp declines in water resources. I am pleased my amendment resulted in Report Language stating that, ``We are aware of the importance of expeditionary desalinization capabilities to crisis scenarios, including natural disasters. Accordingly, we direct the Secretary of the Navy to provide a report to the congressional defense committees, not later than August 1, 2023, outlining the current inventory and usage of desalinization systems, planned future investments into technologies and systems, and any current and projected future needs for expeditionary water purification that may not be met by current and planned capabilities.'' My amendment #189 requires a report to be submitted within 220 days following enactment on the Capacity to Provide Disaster Survivors with Emergency Short Term Housing. As we witnessed in the aftermath of Hurricane Harvey, as well as other major natural disasters, enormous swaths of the population are displaced, communities are unlivable with no prospect for near-term rebuilding or restoration, and there is an enormous unmet need for emergency housing. Because of the need to prepare for the consequences of future major natural disasters, I thank my colleagues on the Armed Services Committee for including bill language that effectuates my amendment by directing the development and submission of a report that will help enable disaster survivors to access emergency short term housing. My amendment #59 recognizes that Black men and women have played an integral role in our nation's defense: from the bravery of Crispus Attucks, an escaped slave, during the Boston Massacre, to today. The amendment would address the historical and current barriers to Black Americans' participation and equal treatment in the Armed Services. The racial inequality and mistreatment of Black men and women that has historically permeated our military continues to this day, with more than 750 complaints of racial or ethnic discrimination from service members in fiscal year 2020 alone. But discrimination doesn't exist just within the military rank-and- file, as in FY2020, civilians working in the financial, technical and support sectors of the Army, Air Force and Navy filed 900 complaints of racial discrimination and over 350 complaints of discrimination by skin color, as data from the Equal Employment Opportunity Commission reveals. According to a report by the Defense Department's Diversity and Inclusion Board, while the enlisted ranks of the active and reserve military were ``slightly more racially and ethnically diverse than its U.S. civilian counterparts,'' the opposite was true for the officer corps. We owe it to those brave men and women who have proven time and time again to be an integral part of our military to examine the Armed Services' history of discrimination and to determine the necessary steps to repair the harm caused by these inequities. I am very pleased by the inclusion of report language acknowledging the history of inequities and stating in part, ``Therefore, we direct the Secretary of Defense to brief the Committees on Armed Services of the Senate and the House of Representatives, not later than May 1, 2023, on those current and future efforts in support of a more inclusive force. The brief [[Page H8850]] shall include resources allocated, lessons learned, how such efforts advance our strategic national security and readiness postures in support of the National Security Strategy and the Department's National Defense Strategy, and any such other information as the Secretary deems appropriate.'' My amendment #193 condemns the actions of Boko Haram and directs that the Secretary of State, in consultation with the Secretary of Defense and the Attorney General, submit a report on efforts to combat Boko Haram. I am pleased that, as a result of my amendment, report language was included stating that, ``We direct the Secretary of Defense, not later than June 1, 2023, to brief the congressional defense committees on the activities and initiatives undertaken by the Department of Defense to assist the Government of Nigeria and countries in the Lake Chad Basin to combat Boko Haram, al-Qaeda affiliates, and other terrorist organizations while respecting and protecting human rights and promoting respect for the rule of law.'' My amendment #192 requires the Secretary of Defense to report to Congress about programs and procedures that ensure students studying abroad through Department of Defense National Security Education Programs are trained to recognize, resist, and report against recruitment efforts by agents of foreign governments. Because of the need for American students who are studying abroad to be protected from risks and dangers presented by agents of foreign governments, I am pleased that my amendment has resulted in bill language that effectuates my amendment by requiring that a report developed and submitted to Congress about the programs and procedures that are being undertaken to protect these Americans studying abroad. My amendment #196 directs the Secretary of Defense to report to Congress in not less than 180 days the actions taken to protect U.S. armed service personnel from armed attacks conducted by militants and terrorists in pursuit of bounties and inducements the agencies, organizations, or entities aligned with the Russian Federation. I am pleased that my amendment resulted in the inclusion of report language stating in part, ``. . . we direct the Secretary of Defense, not later than June 1, 2023, to provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on actions taken to protect servicemembers and U.S. personnel from armed attacks conducted in pursuit of bounties or inducements offered by agencies, organizations, or entities aligned with Russia.'' Madam Speaker, I applaud my colleagues on the Armed Services Committee, as well as their Senate counterparts, and the committee staff in each chamber for their extraordinary work crafting this extensive, multi-faceted, visionary legislation that will strengthen our national defense both in the current fiscal year and for many years to come. I would also like to express my appreciation to my colleagues on the committee for recognizing the value that my amendments bring to our national defense infrastructure and maintaining them in the final language that is before us today. Mr. ROGERS of Alabama. Mr. Speaker, I reserve the balance of my time. {time} 1245 Mr. SMITH of Washington. Mr. Speaker, I yield myself 1 minute. There are so many people to thank in this process, and we have done that, and there are a number of Members who are leaving committee, staff members who are leaving, as well. But I do want to take just a moment to thank three Members in particular on the Democratic side: certainly, Mr. Langevin, who is presiding over this appropriately; Ms. Speier; and Mr. Cooper, who are our three subcommittee chairs. During the 4 years that we were in the majority, all three chaired subcommittees, and delivered as much consequential legislation on the Armed Services Committee as I have seen. The leadership on all the different areas has just been invaluable. It will be very difficult to replace. Certainly, Jim's leadership on the Cyber, Innovative Technologies, and Information Systems Subcommittee--the only thing about it is your subcommittee is a mouthful to keep up with. I would just say ``CITI,'' trying to remember what exactly it all stands for, but it is information technology, it is cyber, it is the guts of what makes our national security apparatus run, basically; the information systems that we have to make sure they are robust, effective, and protected. The SPEAKER pro tempore. The time of the gentleman has expired. Mr. SMITH of Washington. Mr. Speaker, I yield an additional 30 seconds to myself. Mr. Cooper, of course, more than anything brought us the Space Force, and his leadership on space has been invaluable. Ms. Speier's leadership on personnel; I cannot imagine a more tenacious advocate for protecting the men and women who serve in our military than Jackie Speier. Her leadership has delivered real results and made a very strong statement. All three of you will be sorely missed. Mr. Speaker, I yield 1 minute to the gentlewoman from California (Ms. Pelosi), the distinguished Speaker of the House. Ms. PELOSI. Mr. Speaker, I thank the gentleman for yielding, and I thank him for his tremendous leadership to protect and defend the American people and our Constitution. I thank the gentleman for his kind words about my colleague from San Francisco, Jackie Speier, for her leadership on behalf of the men and women in uniform. Mr. Speaker, what an honor it is to speak on this important legislation with you in the chair, a champion for the security of the American people, whether on the Armed Services Committee, the Intelligence Committee, other initiatives, whether it is cybersecurity or the rest, you have been a leader. You have taught us a lot about your areas of expertise and more, and because of you, we were able, on one of the anniversaries of the ADA, to change the infrastructure of the House so that you could preside. Mr. Speaker, you were the first to preside, and now as we come to the end of your service and your leadership in the Congress--not in the world--that you should be in the chair is an honor for all of us. You bring honor to this Congress, to that position, and I thank you for your service and your leadership, Mr. Langevin of Rhode Island. Mr. Speaker, I rise in support of this year's strong bipartisan, bicameral National Defense Authorization Act, the foundation of America's national security priorities. This legislation honors our fundamental charge under the United States Constitution to provide for the common defense. That is why Democrats have fought tirelessly to invest in our Nation's greatest sources of strength, from our heroic servicemen and -women and their families to promoting American leadership around the globe. Thanks to the distinguished chair of the Armed Services Committee, Adam Smith, as well as the ranking member, Mike Rogers, and all the members of the committee and staff for your tireless work assembling this bipartisan, bicameral legislative package. That is what makes it stronger, its bipartisanship. I would like to talk about some of the things that are in the legislation because as our country grows and our needs are greater, the cost goes up, as well. But how those resources are prioritized is very important to our colleagues who are making their vote known to the public to whom we are accountable to understand our definition of strength. That starts with the deeply deserved 4.6 percent pay raise to help ease the sting of inflation for our men and women in uniform. We are also empowering the Pentagon to raise the basic housing allowance, bringing down food prices by directing more funding to commissaries, and expanding support for childcare services; meaning the personal needs of our personnel are so very important, and this legislation does just that. Building on the sweeping progress in last year's NDAA to combat sexual assault in the military, this year we require independently trained investigators outside the immediate chain of command to investigate claims of sexual harassment, as well. Our colleague Jackie Speier was so important in all of that. Importantly, we blocked an anti-choice demand to eliminate the right to travel to access legal abortion for servicemembers stationed in a State that criminalizes reproductive health. Because for Democrats, health freedom is a value for every woman everywhere. Additionally, this legislation delivers a record amount of funding for research and development at America's HBCUs and steers additional funding to [[Page H8851]] other minority-serving institutions. This is so important because Democrats--and now Republicans--know that we must build a diverse, inclusive national security workforce, one reflective of our Nation. By investing in these essential engines of opportunity, we expand the talent pipeline and make sure our Nation's brightest minds will help solve our toughest national security challenges with inclusiveness, with diversity, with our best. At the same time, we are investing in America's global preeminence. It is a national security imperative to honor our troops with cutting- edge technologies, equipping them to tackle complex 21st century threats. You know this so well, Mr. Speaker, as does our chair and ranking member. We are harnessing the power of clean energy to ensure that our defense facilities and vehicle fleets are resilient to climate change. Meanwhile, we are nurturing a growing semiconductor industry which we reinvigorated earlier this year with the CHIPS and Science Act. Now, the NDAA will require government contracts to use chips that are made in America: creating good-paying jobs here at home, securing our supply chains, and bolstering our economic competitiveness. This year's NDAA also makes robust progress to promote American leadership in the global arena. The safety of families here at home depends on international security and stability. So with this legislation, we ensure that America and our allies maintain a military and qualitative edge in strategic regions across the world, investing more than $11 billion in the Pacific Deterrence Initiative; securing more than $6 billion for the European Deterrence Initiative; and further support for Ukraine's fight for freedom through the Ukraine Security Assistance Initiative. Indeed, Democrats know that the security of our Nation is not only measured in our military might, but also in the health, strength, and our well-being, and the respect we have for our partners. As I draw to a conclusion--I didn't say close--I just want to salute the people of Ukraine and President Zelenskyy for their courage. In fighting for their democracy, they are fighting for our democracy and the democracies of their neighbors in Europe, as well, and really throughout the world. So, we have a moral responsibility, as well as a practical one, to support our Ukraine initiatives. Importantly, there are two additional provisions the Democrats fought to attach to this legislative package. The first is a version of the Federal Firefighters Fairness Act, a long-sought Democratic priority to make it easier for Federally employed firefighters who contract certain diseases to qualify for Federal workers' compensation. Our firefighters are our nobility. They risk their lives, putting their lives on the line to protect our families, our homes, our communities from devastation. With this provision, we take another step to deliver the benefits they are entitled to that they have earned. The second initiative, and very consequential, is the oceans package. It is a very important and, I understand, bipartisan initiative closely negotiated with military leaders. This bipartisan legislation is a force for America's national security and economic competitiveness. Mr. Speaker, 4 in 10 Americans live in coastal counties, and the well-being of every family depends on strong, secure water sources. By taking action to conserve our oceans, coasts, and Great Lakes, we are protecting jobs and businesses, ensuring resilient access to clean water, and preserving invaluable aquatic life and their natural habitat. Our military leaders repeatedly have told us that the climate crisis is a top threat facing our Nation. The climate crisis is a security issue. So we are also modernizing the NOAA Corps and securing more hurricane hunter aircrafts to help protect communities from extreme weather and climate disaster. Mr. Speaker, today, we are confronting threats to democracy here and around the world. Again, I would, in closing, once again salute President Zelenskyy and the people of Ukraine. Their fight for democracy is ours, as well. We have not only a moral but also a strategic responsibility to continue to support their fearless fight as we do in this legislation. In order to uphold our sacred responsibility and ensure that Americans are safe and America is secure, I urge a strong bipartisan vote for the NDAA. Then, we will send it to the Senate and on to the President to become the law of the land. My understanding is that there is agreement between the House and the Senate in a bipartisan way as we send this on. Mr. Speaker, I thank Mr. Rogers for his great leadership in all of this. On a separate note, we are overjoyed that Brittney Griner is on her way home after the President's tireless and focused work to secure her release. Earlier today, we passed the Marriage Protection Act, and we are so happy that she will be joining her wife when she comes home. Again, Congress remains firmly committed to supporting the administration as it continues to work to secure the release of Paul Whelan and all those who Putin has unjustly detained. I just saw on the news as I was coming over here that Paul Whelan said the President made the right decision to get Brittney, trade for that, and then keep the focus to get him free. Again, I support Chair Smith and Ranking Member Rogers for their great leadership in accomplishing a bipartisan, strong bill that again keeps our country strong and measures our might in terms of our hardware, of course, but also, in terms of the people who keep us strong. We are deeply in their debt. Mr. Speaker, I urge a strong bipartisan vote. Mr. ROGERS of Alabama. Mr. Speaker, I yield myself the balance of my time. I want to close by thanking Chairman Smith. There is no better partner that I could have, and I am grateful for his leadership. I also want to thank Chairman Reed and Ranking Member Inhofe. As many know, Jim Inhofe is retiring at the end of this Congress. Throughout his decades of service, he has been a consistent champion for our men and women in uniform. It was very fitting and appropriate that we name this year's NDAA after Jim Inhofe. Finally, I thank our staff on both sides of the aisle for their tireless work on this product. I thank the staff of legislative counsel and the CBO for their tremendous contributions, as well. Mr. Speaker, yesterday was the 81st anniversary of the devastating attack on Pearl Harbor. In its aftermath, we built the strongest military in the world with a mission to protect the greatest Nation on Earth. This bill before us today will ensure our military can continue to carry out that sacred mission. Mr. Speaker, I urge all Members to support it, and I yield back the balance of my time. Mr. SMITH of Washington. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, I can't say it any better than the Speaker said. I think that was just an outstanding summary of the work we have done, why that work matters, and of the policy that we have put forward here. Once again, we have come together in a bipartisan, bicameral way to pass an excellent piece of legislation that reflects our values and supports the men and women who serve in our military. It gives us the opportunity to meet our national security requirements. It has been an outstanding process with pretty much everybody in this body participating in it in one way or another and producing an outstanding product. I will close by urging all Members to vote in favor of the National Defense Authorization Act for 2023. I thank everyone for their work, and I urge a ``yes'' vote. Mr. Speaker, I yield back the balance of my time. Ms. NAPOLITANO. Mr. Speaker, I am pleased to join Chairman DeFazio, Ranking Member Graves, and Ranking Member Rouzer in bringing to the floor the bipartisan and bicameral Water Resources Development Act of 2022. =========================== NOTE =========================== December 8, 2022, on page H8851, in the third column, the following appeared: Mr. Speaker, I yield back the balance of my time. Mr. Speaker, I am pleased to join Chairman DEFAZIO, Ranking Member GRAVES, and Ranking Member ROUZER in bringing to the floor the bipartisan and bicameral Water Resources Development Act of 2022. The online version has been corrected to read: Mr. Speaker, I yield back the balance of my time. Ms. NAPOLITANO. Mr. Speaker, I am pleased to join Chairman DEFAZIO, Ranking Member GRAVES, and Ranking Member ROUZER in bringing to the floor the bipartisan and bicameral Water Resources Development Act of 2022. ========================= END NOTE ========================= The Water Resources Development Act is our legislative commitment to investing in and protecting our communities from flooding events, restoring our environment and ecosystems, and keeping our Nation's competitiveness by supporting our ports and harbors. [[Page H8852]] Through the biennial enactment of WRDA legislation, the Transportation and Infrastructure Committee has addressed local, regional, and national needs through authorization of new U.S. Army Corps of Engineers projects, studies, and policies that benefit every corner of the Nation. We held 4 hearings in preparation for this bill including a Member Day hearing. We had a formal process to receive legislative, policy and project ideas from Members which resulted in over 1,500 ideas submitted to us by Members. I thank all Members for engaging with the Committee on this bill and advocating for the needs of your districts. We were able to incorporate most of the requests from Members into this bill. I am particularly thankful that we were able to make a commitment in this WRDA to address the needs of tribal and disadvantaged communities. The bill requires the Army Corps of Engineers to improve outreach to these communities by creating liaison programs in each Corps district region across the country. WRDA includes provisions to develop technical assistance programs that provide guidance to tribal communities on water resource projects, identify opportunities and challenges on existing Corps projects, and provide planning assistance for future projects. The bill gives Corps personnel the training and tools to effectively address issues on tribal lands of ancestral, historic, and cultural significance, including burial grounds. WRDA also continues the effort that we started 10 years ago to improve water supply at Corps dams by addressing managed aquifer replenishment so that dams can hold water for recharge to local ground water basins. The bill addresses the buildup and removal of sediment in reservoirs to improve the operations and capacity of dams. The bill requires the Corps to take a particular focus on infrastructure in the west to evaluate opportunities to improve water management, water supply, and address the impacts of climate change. The bill continues congress's goal of improving dam safety by assessing the status of all dams maintained by the Corps and determining the needs for rehabilitation, retrofit, or removal. The bill includes bipartisan legislation Ranking Member Rouzer and I introduced titled H.R. 7762, the Army Corps of Engineers Military Personnel Augmentation Act. It amends an outdated 1956 law, which is prohibitive against current soldiers who have the technical skills to provide engineering support to the civil works mission of the Army Corps. In 1956, there were very few NCOs with advanced degrees, so it was presumed that only commissioned officers would be properly trained to handle Civil Works responsibilities. However, since that time and the development of the professional army, there are many NCOs, National Guard Officers, and Warrant Officers with advanced engineering and technical skills, and it no longer makes sense to exclude them from positions in Civil Works. This change is supported by the Secretary of the Army, the Chief of Engineers, and the National Guard Association of the United States. The bill also provides for hundreds of local concerns throughout the country. I am proud that this bill transfers the authorization of 31 debris basins in my region to the Los Angeles County Flood Control District. These debris basins are locally owned, and have been successfully operated and maintained by Los Angeles County for decades. This provision will formalize the current operation of these debris basins. WRDA includes authorizations for the development of stormwater, sewer, and ecosystem restoration projects in the San Gabriel Valley and greater Los Angeles County. This will improve flood protection and boost local water supply at the same time by investing in spreading grounds, dam infrastructure, and treatment operations. Mr. Speaker, I would like to thank the many people who have helped this bill become a reality. Thank you to the leadership at the U.S. Army Corps of Engineers, Assistant Secretary Connor, Lieutenant General Spellmon, and their incredible staff who have worked through over a thousand submissions we received for WRDA 2022. I am very fortunate to have some of the best water leaders in the country in my district and Southern California who provided valuable input for this bill including Col. Julie Balten of the Los Angeles District, Los Angeles County Supervisors Hilda Solis and Kathryn Barger, Los Angeles County Public Works Director Mark Pestrella, California State Assembly Speaker Anthony Rendon, and San Gabriel Valley Watermaster Tony Zampiello. I would particularly like to thank the Subcommittee Ranking Member David Rouzer for his friendship and collegiality through the hearings and meetings that led to this bipartisan accomplishment. And most importantly I would like to thank the incredible water subcommittee staff including Alexa Williams, Logan Ferree, Michael Bauman, Ryan Seiger, Ryan Hambleton, and the rest of the majority and minority staff. I urge my colleagues to support WRDA 2022. Mr. CARSON. Mr. Speaker, I rise to speak in support of the National Defense Authorization Act (NDAA). In addition to critical resources for our defense programs and our service members, this bill also includes two critical bills from the Transportation and Infrastructure Committee, the Don Young Coast Guard Reauthorization Act of 2022, and the Water Resources Development Act of 2022. This bill also includes the Intelligence Authorization Act, including my new requirements to address the threat of hypersonic weapons. The underlying bill also includes my amendment authorizing an increase in funding to fight pancreatic cancer, which sadly claimed the lives of our beloved colleagues John Lewis and Alcee Hastings. The $5 million dollar increase will help develop better and earlier detection of pancreatic cancer, which will help save lives. Another provision included in this bill is my amendment to the Federal Firefighters Fairness Act, which improves access to benefits, and provides injured firefighters or their families more time to file documentation for assistance claims. These are all important provisions, but I'd like to take a few moments now to highlight the long-overdue changes to safety requirements for passenger vessels. The Coast Guard Reauthorization Act will increase maritime safety and efficiency, including my Duck Boat Safety Improvement Act, which is now Section 11502 in the NDAA. I am especially grateful to Chairman DeFazio for working with me over several years to develop this language, which will finally address the persistent problems with unsafe vessels, and including my Duck Boat Safety Improvement Act in today's NDAA. My Duck Boat Safety requirements will finally implement safety regulations for amphibious passenger vessels, particularly those known as Duck Boats. These safety recommendations were made by federal agencies to address repeated problems associated with Duck Boats that have resulted in far too many injuries and fatalities that may have been prevented. I learned about these problems when my constituents in Indianapolis, the Coleman family, were involved in a horrible Duck Boat accident on July 19, 2018 in Branson, Missouri. Tia Coleman was one of only two survivors from her family of 11, losing her husband Glenn, and her children Reece (nine years old), Evan (seven years old), and Arya (one year old). Tia's 13-year-old nephew, Donovan Coleman, was the other surviving family member, losing his mother Angela, his younger brother Maxwell (two years old), his uncles Ervin (76 years old) and Butch (70 years old), and his aunt Belinda (69 years old). Boarding a Duck Boat on Table Rock Lake started out as a fun outing for family members, but it turned into an unspeakable tragedy when the boat capsized and sank. Seventeen of the 31 passengers on board were killed. The National Transportation Safety Board (NTSB) and U.S. Coast Guard have separately investigated the incident and Congress must act now. We know from past incidents that more can and should be done to make these vessels safer. Since 1999, more than 40 people have died in Duck Boats accidents, the vast majority of them from drowning when the vessel sinks. In 2002, the NTSB issued recommendations to improve the safety of these vessels in flooding or sinking situations, but little has been done to implement those measures--until today. Duck Boats are hybrid vehicles that can travel on roadways and waterways, so the safety measures must be updated for both land and waterborne operations. The Duck Boat Safety Improvement Act will require vessel operators to implement common-sense boating safety measures, including: Improving reserve buoyancy and watertight compartmentalization to prevent sinking, Requiring more monitoring and adherence to severe weather alerts and warnings, Requiring release of road safety seatbelts when Duck Boats become waterborne, Requiring stronger crew safety training and certification, Removing or reconfigure canopies and window coverings for waterborne operations, Requiring personal flotation devices for waterborne operations, Requiring installation of better bilge pumps and alarms, Installing underwater LED lights that activate automatically in emergencies, and Complying with other Coast Guard boating safety requirements. These changes will help save lives and prevent future tragedies. I hope my colleagues will join me in supporting today's bill to make common-sense corrections to the persistent safety problems facing Duck Boats. If we act today, we can help ensure that no other family has to suffer [[Page H8853]] the kind of tragedy faced by my constituents on Table Rock Lake. I urge the House to support these safety provisions, and all of the reauthorizations in this year's NDAA. {time} 1300 The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Washington (Mr. Smith) that the House suspend the rules and agree to the resolution, H. Res. 1512. The question was taken. The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being in the affirmative, the ayes have it. Mr. SMITH of Washington. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, this 15- minute vote on the motion to suspend the rules and agree to H. Res. 1512 will be followed by a 5-minute vote on the motion to suspend the rules and pass S. 1617. The vote was taken by electronic device, and there were--yeas 350, nays 80, not voting 2, as follows: [Roll No. 516] YEAS--350 Adams Aderholt Aguilar Allen Allred Amodei Armstrong Arrington Axne Babin Bacon Baird Balderson Banks Barr Bass Beatty Bentz Bera Bergman Beyer Bice (OK) Bishop (GA) Blunt Rochester Boebert Bost Bourdeaux Boyle, Brendan F. Brady Brown (MD) Brown (OH) Brownley Buchanan Bucshon Budd Burgess Bustos Butterfield Calvert Cammack Carbajal Cardenas Carey Carl Carson Carter (GA) Carter (LA) Carter (TX) Cartwright Case Casten Castor (FL) Castro (TX) Chabot Cheney Cicilline Clark (MA) Cleaver Clyburn Cole Comer Connolly Conway Cooper Correa Costa Courtney Craig Crawford Crenshaw Crow Cuellar Curtis Davids (KS) Davis, Rodney Dean DeFazio DeGette DeLauro DelBene Demings DesJarlais Diaz-Balart Dingell Doggett Duncan Dunn Ellzey Emmer Escobar Eshoo Estes Evans Fallon Feenstra Ferguson Finstad Fischbach Fitzgerald Fitzpatrick Fleischmann Fletcher Flood Flores Foster Foxx Frankel, Lois Franklin, C. Scott Fulcher Gaetz Gallagher Gallego Garamendi Garbarino Garcia (CA) Garcia (TX) Gibbs Gimenez Golden Gonzales, Tony Gonzalez (OH) Gonzalez, Vicente Gooden (TX) Gottheimer Granger Graves (LA) Graves (MO) Green (TN) Green, Al (TX) Grijalva Grothman Guest Guthrie Harder (CA) Harshbarger Hartzler Hayes Hern Herrell Herrera Beutler Higgins (NY) Hill Himes Hinson Hollingsworth Horsford Houlahan Hoyer Hudson Huffman Huizenga Issa Jackson Jackson Lee Jacobs (CA) Jacobs (NY) Jeffries Johnson (GA) Johnson (LA) Johnson (OH) Johnson (SD) Johnson (TX) Jordan Joyce (OH) Joyce (PA) Kahele Kaptur Katko Keating Keller Kelly (IL) Kelly (MS) Kelly (PA) Kildee Kilmer Kim (CA) Kim (NJ) Kind Kirkpatrick Krishnamoorthi Kuster Kustoff LaHood LaMalfa Lamb Lamborn Langevin Larsen (WA) Larson (CT) Latta LaTurner Lawrence Lawson (FL) Lee (NV) Leger Fernandez Lesko Letlow Levin (CA) Lieu Lofgren Long Loudermilk Lucas Luetkemeyer Luria Lynch Mace Malinowski Malliotakis Maloney, Sean Manning Mast Matsui McBath McCarthy McCaul McClain McCollum McHenry McKinley McNerney Meeks Meijer Meng Meuser Mfume Miller (IL) Miller (WV) Miller-Meeks Moolenaar Moore (AL) Moore (UT) Morelle Moulton Mrvan Mullin Murphy (FL) Murphy (NC) Napolitano Neal Neguse Newhouse Norcross O'Halleran Obernolte Owens Palazzo Palmer Panetta Pappas Pascrell Pelosi Peltola Pence Perlmutter Peters Pfluger Phillips Pingree Price (NC) Quigley Reschenthaler Rice (NY) Rodgers (WA) Rogers (AL) Rogers (KY) Rose Ross Rouzer Roybal-Allard Ruiz Ruppersberger Rush Rutherford Ryan (NY) Ryan (OH) Salazar Sanchez Sarbanes Scalise Scanlon Schneider Schrier Scott (VA) Scott, Austin Scott, David Sempolinski Sessions Sewell Sherman Sherrill Simpson Sires Slotkin Smith (MO) Smith (NE) Smith (NJ) Smith (WA) Smucker Soto Spanberger Spartz Speier Stansbury Stanton Stauber Steel Stefanik Steil Stevens Stewart Strickland Suozzi Swalwell Taylor Tenney Thompson (CA) Thompson (MS) Thompson (PA) Timmons Titus Tonko Torres (CA) Torres (NY) Trahan Trone Turner Underwood Upton Valadao Van Duyne Vargas Veasey Wagner Walberg Waltz Wasserman Schultz Waters Weber (TX) Webster (FL) Wenstrup Westerman Wexton Wild Williams (TX) Wilson (FL) Wilson (SC) Wittman Womack Yakym NAYS--80 Auchincloss Barragan Biggs Bilirakis Bishop (NC) Blumenauer Bonamici Bowman Brooks Buck Burchett Bush Cawthorn Cherfilus-McCormick Chu Clarke (NY) Cline Cloud Clyde Cohen Davidson Davis, Danny K. DeSaulnier Donalds Doyle, Michael F. Espaillat Garcia (IL) Gohmert Gomez Good (VA) Gosar Greene (GA) Griffith Harris Hice (GA) Higgins (LA) Jayapal Jones Khanna Lee (CA) Levin (MI) Lowenthal Maloney, Carolyn B. Mann Massie McClintock McGovern Mooney Moore (WI) Nadler Nehls Newman Norman Ocasio-Cortez Omar Pallone Payne Perry Pocan Porter Posey Pressley Raskin Rice (SC) Rosendale Roy Schakowsky Schiff Schrader Schweikert Steube Takano Tiffany Tlaib Van Drew Velazquez Watson Coleman Welch Williams (GA) Yarmuth NOT VOTING--2 Kinzinger Zeldin {time} 1339 Messrs. SCHRADER and CAWTHORN changed their vote from ``yea'' to ``nay.'' Mrs. FLORES, Messrs. CARTER of Texas, STANTON, and RESCHENTHALER changed their vote from ``nay'' to ``yea.'' So (two-thirds being in the affirmative) the rules were suspended and the resolution was agreed to. The result of the vote was announced as above recorded. A motion to reconsider was laid on the table. Members Recorded Pursuant to House Resolution 8, 117th Congress Axne (Pappas) Baird (Bucshon) Bass (Cicilline) Beatty (Neguse) Brooks (Fleischmann) Burgess (Weber (TX)) Cuellar (Correa) DesJarlais (Fleischmann) Dingell (Pappas) Doyle, Michael F. (Pallone) Ferguson (Kustoff) Gibbs (Smucker) Gohmert (Weber (TX)) Gomez (Escobar) Gonzales, Tony (Gimenez) Gonzalez (OH) (Moore (UT)) Gosar (Weber (TX)) Hayes (Neguse) Herrera Beutler (Stewart) Huffman (Levin (CA)) Jacobs (NY) (Sempolinski) Jayapal (Cicilline) Johnson (LA) (Graves (LA)) Johnson (OH) (Fulcher) Johnson (TX) (Pallone) Kahele (Correa) Khanna (Meng) Kildee (Pappas) Kirkpatrick (Pallone) Lawrence (Garcia (TX)) Lawson (FL) (Evans) Lieu (Beyer) Lofgren (Takano) Long (Fleischmann) Loudermilk (Fleischmann) Maloney, Sean P. (Pappas) Meeks (Meng) Napolitano (Correa) Neal (Beyer) Nehls (Mace) Newman (Correa) O'Halleran (Pappas) Palazzo (Fleischmann) Pascrell (Pallone) Payne (Pallone) Peltola (Correa) Porter (Neguse) Pressley (Neguse) Rice (SC) (Weber (TX)) Ruppersberger (Sarbanes) Rush (Beyer) Ryan (OH) (Correa) Sewell (Cicilline) Simpson (Fulcher) Sires (Pallone) Suozzi (Cicilline) Swalwell (Correa) Titus (Pallone) Wasserman Schultz (Soto) Welch (Pallone) Wexton (Beyer) Williams (GA) (McBath) ____________________