Biden signs defense bill despite transgender care restrictions

President Joe Biden on Monday signed a $895 billion Pentagon policy bill despite language he said he “strongly opposes” that restricts medical treatment for transgender youth.

The National Defense Authorization Act passed with bipartisan support in both chambers after months of negotiations. The final deal dropped some of the most contentious culture war battles, such as measures related to abortions and Pentagon efforts to promote diversity and inclusion in the ranks.

But there was still plenty of controversy.

A provision, included at the insistence of Speaker Mike Johnson, bans the military’s Tricare health system from covering gender dysphoria treatments “that could result in sterilization” for minors under 18. Some Democrats attacked the language as bigoted and accused Johnson of using it as a wedge issue to solidify conservative support and help retain his position as speaker.

Biden excoriated the provision in a statement outlining his objections to the bill. The measure, he argued, singles out transgender people and hinders parents from determining the best medical care for their kids.

“This section undermines our all-volunteer military’s ability to recruit and retain the finest fighting force the world has ever known by denying health care coverage to thousands of our service members’ children,” Biden said. “No service member should have to decide between their family’s health care access and their call to serve our Nation.”

Proponents of the measure contend that funding medical care for transgender individuals diverts focus from the military’s core mission. But it faced opposition from dozens of LGBTQ+ and advocacy organizations, who argued it would eliminate potentially life-saving care for transgender youth and compel service members with transgender children to leave the military.

The transgender healthcare language displeased many House Democrats, most of whom voted against the final bill. Ranking House Armed Services Democrat Adam Smith, who led the charge in opposition, called the measure “bigoted against the trans community” and said it would undermine an otherwise bipartisan bill.

But opposing the otherwise bipartisan bill was a tough vote for many in the party after an election campaign where Republicans attacked Democrats as extreme on transgender issues. The provision was less volatile in the Senate, where just 10 Democrats opposed the bill.

A large portion of Democrats joined Republicans in hailing a quality-of-life push that included a 14.5 percent pay raise for junior enlisted troops. House Armed Services Chair Mike Rogers (R-Ala.) spearheaded the provisions to improve pay, housing, childcare and medical access for troops and their families.

The legislation, which outlines annual Pentagon policy and military budget priorities, is one of the few major bills that has cleared Congress each year for more than six decades.

And it’s not the first time the White House has approved major defense legislation despite deep reservations. Biden, for instance, signed the NDAA in 2022 with a provision that repealed his own administration’s mandate that military personnel receive the Covid-19 vaccine.

The deal doesn’t include a proposal to add $25 billion to Biden’s Pentagon budget request, a loss to GOP defense hawks. Instead, the legislation complies with Biden’s $895 billion proposal. It authorizes $850 billion for the base Defense Department budget and $33.5 billion for nuclear weapons programs under the Energy Department.

The Senate Armed Services Committee authorized an extra $25 billion for missile defense, shipbuilding, and counter-drone technology at the urging of its ranking Republican, Sen. Roger Wicker of Mississippi. But the House elected for the lower price tag and the budget bump was ultimately excluded from the final version negotiated between the two chambers.

“We missed an opportunity to strengthen the president-elect’s hand as he takes office in a precarious world situation,” Wicker said

The NDAA only authorizes funding and doesn’t actually allocate money. Congress must still enact a full fiscal 2025 spending bill when it returns early next year. While it’s unclear how Trump will approach defense spending, GOP hawks are hoping new Republican majorities in both chambers could unlock more military cash.

Senate and House Republicans highlighted victories on cultural issues, including a yearlong hiring freeze for diversity, equity, and inclusion positions within the Pentagon and a prohibition on Defense Department academic institutions or military training programs promoting critical race theory.

But they set aside some of their most contentious proposals to reverse Biden-era personnel policies at the Pentagon, anticipating that Trump could block many of those measures upon his return to the White House.

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