National Defense Authorization Act

Floor Speech

Date: July 2, 2020
Location: Washington, DC

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Mr. DURBIN. Mr. President, I am grateful to Chairman Inhofe and Ranking Member Reed and their staffs for their work to produce the fiscal year 2021 defense authorization bill.

The FY21 NDAA authorizes $740.5 billion in defense spending, up $2 billion from last year. The bill provides a 3-percent pay raise for our troops and includes provisions that support spouse employment, childcare, and improved military housing. It ensures that the United States can defend effectively against threats from Russia, China, and North Korea and invests in key and innovative capabilities and technologies. It includes key provisions I requested to boost efforts at Rock Island Arsenal, address military sexual trauma, and protect the health of our military communities from dangerous chemicals.

But this year, we take up the NDAA during a global pandemic, record unemployment, and calls to address racial injustice. The bill touches on some of these issues. It authorizes $44 million for vaccine and medical research related to COVID-19 and expands benefits for Active Duty and National Guard personnel involved in COVID response.

I am pleased that it includes a provision authored by Senator Warren to require DOD to remove names, symbols, and other displays honoring the Confederacy. If we want to move toward a more just society, we cannot continue to honor Confederate leaders who committed treasonous atrocities in order to preserve slavery.

I also authored two amendments that were included by consent, the first an amendment supporting strong security assistance for the Baltics that I filed with Senator Grassley. The Baltic States remain key allies and among the few NATO countries that fulfill the target spending of 2 percent of GDP on defense, and this provision encourages support for more robust and enduring security assistance. My other amendment is one I sponsored with Senator Portman, welcoming NATO recognition of Ukraine as an Enhanced Opportunities Partner. EOP status will help only further deepen cooperation with NATO, which is especially critical as 2020 marks the 6th year of ongoing Russian occupation of eastern Ukraine.

But the FY21 NDAA still does not go far enough.

I field two amendments that go to the heart of our duties as Senators, the power to declare war and the power of the purse. Congress must stop abdicating its constitutional responsibilities.

Article I of the Constitution gives Congress the sole authority to declare war. I voted for the war in Afghanistan, but I never imagined that we would still be there nearly two decades later or that the same authorization would be used to justify actions around the world that this body had not contemplated at the time. My amendment would sunset all authorizations for the use of force after 10 years so that Congress can take up the issue and engage in its constitutional duties.

I also cosponsored an amendment led by Senator Udall making clear that Congress has not given the executive branch any authority to go to war against Iran.

We also cannot continue to let this President raid national defense funds for his ridiculous and racist border wall effort--remember, the one that the President promised Mexico would pay for. Every dollar diverted has been at the expense of our men and women in uniform, especially hurting our National Guard. This bill does nothing to address that. Even when the Ninth Circuit court ruled last Friday that the money grab was illegal, the Department of Defense informed us on Monday that it would not stop construction of the President's campaign promise. That is why I filed an amendment that would keep the President from transferring defense funds outside of DOD for the wall. We need a robust debate on the proper, effective way to respond to the humanitarian crisis at our border, one approved by Congress.

In addition, I filed an amendment that would disapprove of Russia participating in the G7 or being readmitted into a reconstituted G8. Not only does Russia maintain its occupation of Ukraine, but it has continued its interference in the U.S. and other democratic nations. And just last week, The New York Times reported that Russian intelligence secretly offered bounties to Taliban-linked militants to kill American troops in Afghanistan. Apparently, the White House has known about this for months and did nothing. It is unacceptable. My amendment makes it clear that the U.S. should not support Russia's participation in this international summit.

The FY21 NDAA also doesn't go far enough to address the toxic class of chemicals known as PFAS, which have been linked to serious and devastating illness.

That is why I am pleased to cosponsor Senator Shaheen's amendments to designate PFAS as hazardous substances and boost DOD cleanup efforts, provide blood testing for servicemembers and their families, and increase funds to study the impact of PFAS on health. In addition, I support Senator Gillibrand's amendment that would extend antidiscrimination protections to our transgender servicemembers who bravely make sacrifices for our country. I also am a cosponsor of Senator Schatz amendment to limit the transfer of equipment under to the DOD 1033 program to militarize police forces across the country and provide transparency to the program.

I hope that we may be able to debate all of these important issues during consideration of this bill, all of which will only help improve this legislation and provide for our national defense. In the meantime, I reiterate my thanks to Chairman Inhofe and Ranking Member Reed for their work on this bill.

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