National Defense Authorization Act for Fiscal Year 2019

Floor Speech

Date: June 18, 2018
Location: Washington, DC

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Mr. CORNYN. Madam President, in a few minutes--maybe in about an hour and a half--we will be voting on the National Defense Authorization Act, which Congress has passed faithfully for 57 consecutive years. That indicates the sense of importance we all have toward funding and providing the authorities and equipment and training that are necessary for our military to do the job we have asked it to do.

I particularly commend Senators Inhofe and Reed for their leadership in guiding us through the passage of this bill.

There are 1.8 million people in the world who are on Active Duty in the U.S. military--1.8 million people. The United States has 737 military installations, and the Department of Defense is the world's largest employer. Supporting all of these people in these facilities is no easy task, and the Defense authorization bill is one very significant way in which we do exactly that. It is how we make sure that all of the men and women in uniform are paid, that our alliances are strengthened, and that military facilities are properly modernized and maintained.

The bill we are voting on will support an appropriation of up to $716 billion for those tasks. I might add that that is a huge number, but this is the Federal Government's No. 1 responsibility. In my opinion, everything else the Federal Government does comes after providing for the common defense because nobody else--no local government, no State government, no private sector--could possibly provide for the common defense.

America's leadership role in the world remains essential because we know that while there are other countries that will work with us--for example, our NATO allies--they require and the world really demands American leadership, and that is what provides for the safety and security and the peace all across the planet.

In Texas, there are roughly 200,000 men and women who wear the uniform of the U.S. military in places like Fort Hood, Joint Base San Antonio, Naval Air Station Corpus Christi, and Dyess Air Force Base in Abilene. Those are the people I think of each year as we take up the Defense authorization bill. We rely on them to provide our security, and they rely on us to deliver what they need in order to be successful.

One thing this year's bill will do is to give our troops a 2.6- percent pay raise, which will be the largest in 10 years. It doesn't sound like a lot, but I am sure they will appreciate it nonetheless.

Given the state of today's world, maintaining our military readiness has never been more important or more difficult. The array of security threats that face the United States is more complex and diverse than it has been at any time since World War II. Our military leaders say that the strategic environment has not been this competitive since the Cold War. Our adversaries are investing in their capabilities and, in some areas, are surpassing us. Simply put, America no longer enjoys the comparative advantage it once had over our competitors and adversaries.

As I said earlier, the Defense authorization bill is important for reasons that hit much closer to home. I am thinking about Texas military families and military facilities. This year's Defense authorization bill will authorize $158 million for military construction projects in Texas, including a new basic military training dormitory at Joint Base San Antonio and a new warehouse at the Red River Army Depot in East Texas.

It will prioritize access to high-quality education for military children, establish a Federal grant program for infrastructure near military communities, as well as to protect our airports and airfields from radar interference, which builds on previous efforts at Sheppard Air Force Base and Naval Air Station Corpus Christi.

One additional part of the Defense authorization bill I will highlight promotes justice for victims of sexual assault on military bases. This stems from a piece of legislation that I cosponsored with the Senator from Maine, Mr. King, which has been included in the final bill that we are voting on, called the Children of Military Protection Act. It is based on actual case studies at Fort Hood and Fort Bliss that were brought to my attention by military lawyers.

Finally, the Defense authorization bill will invest in a medical program at Fort Bliss, cyber institutes at places like Texas A&M, and our workhorse legacy fighter aircraft, like the F-16s at Joint Base Fort Worth.

Texas priorities are far from the only ones addressed in the NDAA, but they are important, and I am glad we are taking care of servicemembers in my State and keeping our commitment to them. So let's get the NDAA across the finish line this evening. Family Separation Policy

Madam President, the other issue I want to talk about is the ongoing situation at the U.S.-Mexico border. This is the border from my State to Mexico--1,200 miles of common border.

Just like under the Obama administration in 2014, we have seen a surge of unaccompanied children and families coming across our southern border during the spring and summer months. Overwhelmingly, these families and these children are coming from Central America--in other words, from countries that are not adjacent to or contiguous to the United States. Some have presented themselves lawfully at ports of entry, but others have tried to enter illegally.

For example, if you are attempting to claim asylum, you can show up at one of our bridges or ports of entry and claim asylum without breaking the law. Yet, if you enter the country between the ports of entry--through the wild, wild west, I will call it, of the Texas frontier and border region--you will be entering the country illegally. You can then claim asylum, but you will still have entered the country illegally, so your asylum claim will have to be considered in that context.

The Trump administration has made the decision to enforce all of our laws by prosecuting adults in criminal court when they are apprehended after having crossed our borders illegally. I support that approach--a zero tolerance approach--for adults who violate our immigration laws. This law has been on the books for many decades but has not always been adequately enforced.

Because of numerous Federal court decisions, settlements, and statutes, an adult can be separated from a child as part of the legal process as it plays out. That way, children are placed in separate, safer settings. I doubt many of us would want a child to go to a jail cell in which somebody is being held for having illegally entered the country. That is why children are put in separate, safer settings. They aren't left unattended to fend for themselves amongst potentially violent criminals who are being detained in regular ICE or Bureau of Prison facilities.

Those legal decisions, settlements, and statutes are important to acknowledge because, as the New York Times stated this week, ``There is no [express] Trump administration policy stating that illegal border crossers must be separated from their children.'' So the New York Times--hardly a big Trump cheerleader--has said, ``There is no [express] Trump administration policy stating that illegal border crossers must be separated from their children.'' In other words, this is as a result of other consent decrees and laws which are within the power of Congress to change. In fact, I think every Member of this Chamber will agree that we should never be placing children in prison cells or jails with hardened criminals when their parents are being prosecuted. By the same token, I don't want family members to be separated from one another as a result of DHS and administration officials enforcing the laws they are sworn to uphold. We have to keep family members together and prevent unnecessary hardship, stress, and outrage.

The good news is, we have it within our power to find a better way because parents who are awaiting court proceedings shouldn't have to do so separated from their children and children shouldn't be taken from their parents and left frightened and confused about where they are and what is transpiring around them.

In 2014, I introduced a bipartisan bill called the HUMANE Act with my colleague Representative Henry Cuellar of Laredo, TX. I plan to soon reintroduce an updated version of that legislation. It will include provisions that mitigate the problem of family separation while improving the immigration court process for unaccompanied children and families apprehended at the border.

To the greatest extent possible, families presenting at ports of entry or apprehended crossing the border illegally will be kept together while waiting for their court hearings, which will be expedited. Additionally, this legislation will help eliminate the incentive for unaccompanied minors and family units with children to come to the U.S. illegally by expediting their court hearings. We found that catch and release is merely an inducement for further illegal immigration. By detaining these families together to make sure they appear before an immigration judge and receive any immigration benefits they are entitled to under Federal law, this will serve as a further deterrent for others who do not qualify for those immigration benefits. These minors should be afforded all required due process and have access to representation in court when making their claims. Through this expedited immigration court process, we would help ensure that children and family units with claims for immigration relief in the United States are able to receive their day in court rather than waiting in a multiyear backlog.

This legislation is not a solution for all of our problems at the border--far be it--but it would make real improvements to deter illegal immigration while ensuring the humane treatment of children and family members who entered the country in violation of our laws. I ask colleagues on both sides of the aisle to take a hard look at this bill and work together to find a reasonable solution for this component of the crisis at our border.

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Mr. CORNYN. The following Senators are necessarily absent: the Senator from Arkansas (Mr. Boozman), the Senator from Louisiana (Mr. Cassidy), and the Senator from Arizona (Mr. McCain).

Further, if present and voting, the Senator from Arkansas (Mr. Boozman) would have voted ``yea.''

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Mr. CORNYN. The following Senators are necessarily absent: the Senator from Arkansas (Mr. Boozman), the Senator from Louisiana (Mr. Cassidy), and the Senator from Arizona (Mr. McCain).

Further, if present and voting, the Senator from Arkansas (Mr. Boozman) would have voted ``yea.''

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