The U.S. Senate passed the annual National Defense Authorization Act (NDAA) on Wednesday, sending the $884.9 billion bill to President Biden’s desk. The vote was 85-14, with one senator abstaining. The bill garnered bipartisan support for its inclusion of troop pay raises, military housing upgrades, and investments in advanced technologies like artificial intelligence.
However, the NDAA also sparked significant controversy among Democrats due to a provision restricting the military’s TRICARE health program from covering certain treatments for gender dysphoria in children of service members. This provision bans coverage for “medical interventions for the treatment of gender dysphoria that could result in sterilization,” a clause that Democrats argue will negatively impact thousands of military families. The Pentagon has not released any figures on the number of affected families, and declined to comment on whether the Department tracks the number of transgender children of service members. The House passed the bill earlier in December with a bipartisan 241-180 vote. The White House has yet to release an official statement on the bill.
This year’s passage marks the 64th consecutive year Congress has approved the NDAA, a traditionally bipartisan process. While the Senate vote followed the pattern of the previous five years, the inclusion of the transgender care restriction generated considerable debate. The bill itself does not allocate funding; it outlines how existing defense appropriations will be spent, with separate legislation required for funding allocation.
The contested provision is a small part of the 1,800-page bill. A summary from the House Armed Services Committee specified that the ban targets “hormones and puberty blockers,” and this section also includes language to ban certain race-related education in Defense institutions and freezes Pentagon diversity, equity, and inclusion (DEI) hiring. This comes at a time when over 20 states have already banned or restricted gender-affirming care for transgender minors, affecting an estimated 113,900 youths aged 13-17, according to the UCLA School of Law Williams Institute.
Senator Jack Reed, chair of the Senate Armed Services Committee, acknowledged his Democratic colleagues’ concerns, calling the ban “misguided,” but ultimately supported the bill due to its overall strength in addressing national security needs. Senator Roger Wicker, ranking member of the committee, praised the bill’s accomplishments, highlighting the pay raises and investments in recruitment. Senator Tammy Baldwin, the first openly LGBTQ Senator, voted against the bill for the first time in her Senate career, citing the harm inflicted on service members’ families for political gain. An amendment to remove the provision, co-sponsored by twenty Democratic senators, was withdrawn by Majority Leader Chuck Schumer before the final vote. Senator Andy Kim, a newly sworn-in Senator and former representative, criticized the inclusion of the transgender care provision, arguing it undermines the bipartisan nature of the NDAA. Despite his concerns, he ultimately voted in favor of the bill. House Speaker Mike Johnson’s decision to include the language without consulting the chair of the House Armed Services Committee further fueled the controversy.