This week, I have heard from many folks concerned about my vote on the National Defense Authorization Act (NDAA) on December 7, 2021. There is much misinformation about what exactly is in the NDAA and what I voted for, so I want to set the record straight. The NDAA authorizes and sets forth policies for the Department of Defense (DOD) each year. The legislation passed this year reverses Biden’s reckless cuts to our national security by boosting the defense topline by nearly $25 billion, and it supports service members and their families by including a 2.7% pay raise.
The NDAA does not create a federal vaccine mandate to allow President Biden to discharge healthy active duty servicemembers. It does mandate that the DOD must log anyone who receives any of their vaccinations, not just COVID-19, and log any refusals for any reason. The legislation explicitly states that, should a servicemember be discharged solely for failing to obey a lawful order to receive the COVID-19 vaccine, the individual must receive an honorable discharge or a general discharge. This is a negotiation win for the GOP. Now, if someone refuses to receive the COVID-19 vaccine and does not meet any exemptions, they will avoid a dishonorable discharge and still have full access to VA benefits.
The “Red Flag” laws that were a concern in the House-passed version of the NDAA in September were completely stripped and are no longer a part of the legislation that will become law. The original provision allowed judges to issue ex parte protective orders to prohibit firearm possession.
The final bill also did not include a requirement for women to register for the Selective Service draft. The bill also did not include a requirement for TRICARE to provide abortifacient drugs without cost sharing, and nor does it codify Biden’ executive order requiring defense contractors to pay a $15 per hour minimum wage.
The NDAA does reserve servicemembers’ free speech rights by protecting them from being punished for political statements on social media accounts. It directs additional National Guard resources to the border. Last, it prohibits the transfer of terrorists housed at Guantanamo Bay to any country that is a state sponsor of terrorism and requires DOD and DNI to assess the involvement of the Chinese Communist Party in the origins of COVID-19.
The National Defense Authorization Act is a critical piece of annual legislation that provides the support our military needs to continue to keep us safe. I remain committed to Veterans and our service members and their families. I appreciate the feedback I’ve received from so many on this issue, and I encourage you to continue to contact my office should you have any questions about my work in Washington.