[Congressional Record Volume 167, Number 165 (Thursday, September 23, 2021)]
[House]
[Pages H5103-H5104]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   NATIONAL DEFENSE AUTHORIZATION ACT

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Georgia (Mr. Clyde) for 5 minutes.
  Mr. CLYDE. Mr. Speaker, I rise today in opposition to section 513, 
529, and 529A of the National Defense Authorization Act.
  Section 513 would require our daughters to register for Selective 
Service, which is the database behind the military draft.
  I thank Congressman Green and Congressman Davidson for allowing me 
the opportunity to cosponsor their amendments to strip this provision 
from the bill.
  Unfortunately, the Rules Committee refused to make either amendment 
in order, meaning that Members are now not afforded the opportunity to 
vote their consciences on the issue of drafting our Nation's daughters.
  Since our country's founding, women have played a vital role in many 
of the critical support functions in military forces. The choices these 
women made in raising their hands to volunteer, to wear the uniform, 
and to swear an oath to uphold the Constitution are commendable and 
should be honored. However, it is unconscionable to me that this body 
would enact a provision to force women into registering for Selective 
Service.
  This would put women in a position where they could be called at 
random to report for duty before all registered males have been called 
in the extreme scenario of authorizing a draft during a national 
emergency.
  First of all, adding women to Selective Service is unnecessary. Our 
Nation has been fortunate enough through volunteer enlistment to have a 
force that is battle-ready and capable of withstanding any threat posed 
by our adversaries. If that was not the case, we would not have had a 
completely voluntary military for the last 40 years. A draft has not 
been needed since the 1970s, and I am confident that if it ever did get 
to that point, we would have more than enough men to satisfy the need 
for increased combatants. And that is the purpose of the draft, to 
increase available combatants to replace combatants after casualty 
losses. Thus, this provision is nothing more than an attempt to search 
for a solution to a problem that would not exist.
  In 2015, combat positions were open to women who could meet the 
physical requirements, but only a small number of women were able to 
meet those requirements because men and women are distinctly different 
and not the same physically.

[[Page H5104]]

  A 2015 study in the Journal of Applied Physiology, found that, on 
average, men had about 26 pounds more skeletal muscle mass than women. 
For example, in the Marine Corps, the Ground Combat Element Integrated 
Task Force found that the musculoskeletal rate of injury for a woman 
was nearly twice the rate of injury for a man. And research at the 
Infantry Training Battalion found that the rate of injury for an 
enlisted woman was six times the rate of injury for a man. More muscle 
means more strength and less injury.
  The U.S. Supreme Court has already upheld the constitutionality of an 
all-male draft. So why are we doing this? Why are we trying to draft 
our daughters? It is just not right.
  Secondly, I have serious concerns about the lack of explicit 
accommodation provided in the text that would be needed to ensure we 
don't haphazardly draft two parents with dependents.
  While I realize the bill modernizes language regarding to whom the 
President is authorized to grant deferments from training and service, 
which does take into consideration dependents, there is no explicit 
language to prevent both a mom and a dad from being drafted. That is 
greatly concerning to me. And it should be greatly concerning to all 
Americans.
  I believe it is an issue that should be addressed by this body and 
not one determined by unelected officials at the Department of Defense.
  The family unit has always and always will continue to play a 
critical role in forming the posterity of our Nation. And it is 
imperative that we strive to retain it to the extent within our power 
to do so and not to erode it. Ensuring women are never forced to sign 
up for Selective Service and, therefore, never drafted, would be the 
correct solution.
  I also stand in opposition to section 529 of the NDAA, which would 
shred the due process rights of servicemembers while taking away their 
unalienable Second Amendment rights. Just think, this section of the 
NDAA would create the equivalent of a red flag law in the military to 
eliminate the due process rights of servicemembers who have fought to 
preserve those very rights for the rest of the country. That is the 
ultimate in hypocrisy.
  I also stand in opposition to section 529A. It includes a prohibition 
that says an individual who engages in extremist activities or is a 
member of an extremist organization may not serve as a member of the 
Armed Forces.
  The real issue is the definition of extremism: ``The terms extremist 
activities and extremist organization have the meanings prescribed by 
the Secretary of Defense.''
  So it is up to the Secretary of Defense and, thus, under considerable 
influence of the administration and party in control to decide the 
meaning of the term.
  Mr. Speaker, this area is ripe for First Amendment abuse.

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