[Congressional Record Volume 167, Number 202 (Friday, November 19, 2021)]
[Senate]
[Pages S8756-S8757]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2022--Continued

  The PRESIDING OFFICER. The Senator from Kansas.


                               H.R. 4350

  Mr. MARSHALL. Mr. President, this week's fantasy consideration of the 
NDAA was a gut punch to our servicemembers and one of the weakest 
displays we have seen during the Senate Democrats' time in the 
majority.
  Let's not forget there are 25 Senate Members serving on the Senate 
Armed Services Committee under the skillful leadership of Senators Reed 
and Inhofe. They cleared their version of the NDAA in July of this 
year--July of this year, months ago--but the majority leader dragged 
his feet all the way up until late--late--last night, bringing the NDAA 
to the floor at the third latest point in the year ever.
  Considering China's military rise and the foreign policy disasters 
this White House has created, one would think delivering a paycheck to 
our servicemembers and providing funding to increase our military's 
lethality would be top of mind.

[[Page S8757]]

  Instead, the majority leader remains focused on reckless taxing, 
reckless spending, and reckless borrowing that is pushing Americans 
further into debt, driving up inflation, putting our Nation at a 
disadvantage, and helping China.
  While he pointed his finger at Republicans who simply wanted the 
opportunity for additional amendments on important subjects, the 
majority leader is to blame for the fact that the other 75 Senators 
will not get to offer floor amendments and have an opportunity to help 
shape our military policy this year. But, regardless, the blame rests 
squarely on the shoulders of the majority leader.
  The inclusion of a manager's amendment is standard operating 
procedure. It is actually the starting point and should not be where 
this process is stopped. Not allowing floor amendments breaks years of 
precedent.
  What is also standard operating procedure is that the NDAA is a bill 
that is considered on the floor for multiple days and possibly multiple 
weeks, not one night. In fact, last year, the Senate debated the NDAA 
for nearly 3 weeks--3 weeks--starting in June.
  This body should be able to vote on a myriad of amendments, such as 
ours, which would prevent dishonorable discharges for military men and 
women who are forced to separate from the military because of the COVID 
vaccine mandate.
  Now, as a physician, I support the vaccine, but I also believe in the 
sanctity of the patient-physician relationship. And I support those who 
are defending our freedoms and have carefully weighed their decision 
with their doctor, their loved ones, their spouses, perhaps their 
chaplain, and decided this vaccine isn't right for them.
  Once upon a time, I was that army doctor. And if a strapping, well-
fit, 20-year-old Army Ranger or a 19-year-old Navy SEAL or a 22-year-
old Air Force pilot walked into my office and said, ``Doc, tell me 
about this vaccine,'' I would have to say, ``Well, there are certainly 
benefits to the vaccine, certainly benefits to it, but the risk of 
having a career-ending complication from this vaccine--like heart 
inflammation, heart swelling--is greater than the chances of you being 
hospitalized from the virus.''
  Now, that is not true for my parents. That is not true for senior 
citizens. That is not true for obese people. But a fit, young military 
person in the prime of their life has a greater chance of having a 
career-ending complication from the vaccine than they do of being 
hospitalized from the virus.
  And by the way, as I am sitting there talking to this pilot, to this 
Navy SEAL, to this Army Ranger, I would say: If you have that 
complication, you are going to be out of action for at least 6 months--
at least 6 months--and chances are you will be grounded the rest of 
your life. You are going to have a checkmark in your medical history. I 
don't think you'll probably ever be able to fly a plane again. You are 
never going to be a special ops person again. You have to be the 
fittest of the fit.
  And once you have a heart swelling, do you think that I am going to 
be able to clear you for the needs of your job? Your career as a pilot 
or a special OPs personnel is over.
  That is right. Your lifelong dream--the career you have worked your 
whole life for--is over.
  And we are going to give this military personnel a dishonorable 
discharge over this? That is un-American. It is not what Americans 
believe is right.
  Unfortunately, the sledgehammer policy out of the White House says 
that one size has to fit all, and there are no exceptions to its 
mandate. This is the biggest sledgehammer I have ever seen. They refuse 
to consider natural immunity, even though we know natural immunity to 
COVID is the same as, if not more powerful than the vaccine.
  As a result, President Biden wants to slap a dishonorable discharge 
on our unvaccinated heroes who put their lives on the line each day to 
defend our freedoms and our American way of life.
  A dishonorable discharge is excessive and beyond harsh. They are 
disqualified from most jobs. They lose access to the GI bill. They lose 
VA home loans and medical benefits. They lose military funeral honors.
  A dishonorable discharge treats those defending our freedoms as 
felons. Our American heroes deserve better. It is important to point 
out that this amendment, the amendment that we hoped to have offered 
last night, hoped to have votes on the Senate floor, passed the House 
Armed Services Committee--unanimously passed the House Armed Services 
Committee--and was included in their final bill, which passed with 316 
votes, including 181 Democrats.
  That is right. This same amendment passed unanimously out of the 
House Armed Services Committee, and 181 Democrats on the House side 
supported this amendment in their NDAA. Over here in the Senate, 
though, don't let the majority leader fool you; this NDAA process was a 
closed one as a result of his inability to bring the bill to the Senate 
floor in a timely manner in order to provide sufficient opportunity for 
Member input.
  I urge the majority leader to change course and allow a robust NDAA 
amendment process that includes a vote on our amendment when the Senate 
returns after Thanksgiving.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Reed). The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. REED. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Van Hollen). Without objection, it is so 
ordered.


                             Cloture Motion

  Mr. REED. Mr. President, I send a cloture motion to the substitute to 
the desk.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The cloture motion having been presented under rule XXII, the Chair 
directs the clerk to read the motion.
  The senior assistant legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on Reed-Inhofe 
     substitute amendment No. 3867, as modified, to Calendar No. 
     144, H.R. 4350, a bill to authorize appropriations for fiscal 
     year 2022 for military activities of the Department of 
     Defense, for military construction, and for defense 
     activities of the Department of Energy, to prescribe military 
     personnel strengths for such fiscal year, and for other 
     purposes.
         Charles E. Schumer, Jack Reed, Catherine Cortez Masto, 
           Benjamin L. Cardin, Robert P. Casey, Jr., Jeanne 
           Shaheen, Tim Kaine, Angus S. King, Jr., Kyrsten Sinema, 
           Christopher Murphy, Maria Cantwell, Mark Kelly, Brian 
           Schatz, Patrick J. Leahy, Mazie K. Hirono, Debbie 
           Stabenow, Mark R. Warner.


                             Cloture Motion

  Mr. REED. Mr. President, I send a cloture motion to H.R. 4350 to the 
desk.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The cloture motion having been presented under rule XXII, the Chair 
directs the clerk to read the motion.
  The senior assistant legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on Calendar No. 
     144, H.R. 4350, a bill to authorize appropriations for fiscal 
     year 2022 for military activities of the Department of 
     Defense, for military construction, and for defense 
     activities of the Department of Energy, to prescribe military 
     personnel strengths for such fiscal year, and for other 
     purposes, as amended.
         Charles E. Schumer, Jack Reed, Catherine Cortez Masto, 
           Benjamin L. Cardin, Robert P. Casey, Jr., Jeanne 
           Shaheen, Tim Kaine, Angus S. King, Jr., Kyrsten Sinema, 
           Christopher Murphy, Maria Cantwell, Mark Kelly, Brian 
           Schatz, Patrick J. Leahy, Mazie K. Hirono, Debbie 
           Stabenow, Mark R. Warner.
  Mr. REED. Mr. President, I ask unanimous consent that the mandatory 
quorum calls for the cloture motions filed today, November 19, be 
waived.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________