Biden signs $895B Defense bill despite transgender care provision

President Biden on Monday evening signed the $895 billion Defense authorization bill, despite a provision included in the massive package that restricts transgender care.

The National Defense Authorization Act (NDAA) passed in the Senate 85-14, even with the insertion of a controversial measure that would restrict the use of funds from TRICARE — the health care program for active-duty service members — for gender-affirming care for children 18 years and younger of military members.

Kelley Robinson, president of the Human Rights Campaign, the nation's largest LGBTQ advocacy group, said Biden and Congress "have failed military families.” 

“For them, this law is not about politics – it’s about losing the freedom to make their own health care decisions,” Robinson said Tuesday in a statement. 

In a statement, Biden said he is “pleased to support the critical objectives” of a bill that typically enjoys bipartisan support but noted that provisions in this year’s NDAA, including the transgender health care restriction, "raise concerns.” 

His administration strongly opposes that provision, he said, because it targets a group based on gender identity and “interferes with parents’ roles to determine the best care for their children.” He said it also undermines the military’s ability to recruit and retain service members. 

Biden also objected to language barring the use of funds made available by the bill to transfer detainees held at Guantánamo Bay into the United States. 

“It is the longstanding position of the executive branch that these provisions unduly impair the ability of the executive branch to determine when and where to prosecute Guantánamo Bay detainees and where to send them upon release,” Biden said, adding, “I urge the Congress to eliminate these restrictions as soon as possible.” 

Biden has repeatedly promised to veto legislation that discriminates against transgender people but opted to sign the legislation just a month before leaving office. The about-face is sure to anger advocates and some military families with transgender children, who say the provision is a “slap in the face” rooted in misinformation and misunderstanding about the trans community. 

The bill, which sets Pentagon policy for the year, is a must-pass legislation and typically receives widespread bipartisan support. But, many Democrats voted against it after Speaker Mike Johnson (R-La.) inserted language that would ban some gender-affirming care for transgender children of service members last minute. It passed the House 281-140 last week.

Additionally, a handful of Democrats voted against it in the Senate, including Sens. Tammy Baldwin (Wis.), Elizabeth Warren (Mass.) and Ed Markey (Mass.). Several Democratic senators also attempted to block the provision on Monday, introducing an amendment that would strike Johnson’s language.

The fiscal 2025 NDAA also includes a 14.5 percent pay raise for junior enlisted troops and a 4.5 percent increase for all other service members, along with funds to bolster the U.S. presence in the Indo-Pacific and build new warships, aircraft and vehicles.

The compromise legislation was unveiled earlier this month after weeks of closed-door negotiations between Democrats and Republicans. It also includes language preventing the Defense Department from backing critical race theory in academic institutions, and puts a yearlong hiring freeze on positions related to diversity, equity and inclusion programs within the military. 

Updated 11:16 a.m.