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Senate Charts Clear Course for Defense Bill Amid Transgender Controversy

Senate prepares to vote on defense bill despite debates over controversial amendments

A Senate vote on the annual defense spending bill is set for Wednesday, and indications suggest it will pass with relative ease, despite Democratic pushback regarding provisions related to transgender care for minors and its substantial budget of $895.2 billion.

The National Defense Authorization Act (NDAA), which received swift approval in the House last week, is scheduled for debate on the Senate floor Wednesday, following a cloture vote expected late Monday. With an impending deadline for a government funding measure to avoid a potential shutdown just days away, the path to passage appears largely untroubled.

Bernie Sanders calls for prioritizing basic needs over massive defense spending

However, discontent exists among some Democrats in the Senate, with at least a dozen planning to oppose the bill. However dissenters include Sens. Elizabeth Warren (D-Mass.), Jeff Merkley (D-Ore.), Ed Markey (D-Mass.), Ron Wyden (D-Ore.), and Bernie Sanders (I-Vt.). Sanders criticized the bill on Wednesday, asserting that it prioritizes excessive military spending over pressing issues like healthcare, housing, and hunger.

“Most Americans agree that a strong military is necessary, and I certainly support that,” Sanders stated on the Senate floor. “But we should not have a defense system that primarily benefits a few large defense contractors at the expense of addressing our country’s actual needs.”

He emphasized the urgency of addressing homelessness and hunger, pointing out, “We cannot justify spending nearly a trillion dollars on the military when half a million Americans are without homes, children are going hungry, and elderly individuals struggle to afford heating during winter.”

Earlier this month, the House and Senate presented a compromise version of the NDAA, comprising over 1,800 pages. This version proposes measures to enhance U.S. presence in the Indo-Pacific, provide pay raises for military personnel, and fund new ships and aircraft while supporting the defense industrial base.

Nevertheless, the bill also includes contentious provisions rejected by Democrats, an amendment that limits coverage for gender-affirming care for service members’ transgender children. This amendment, seen as the most controversial element of the NDAA, prohibits the Pentagon’s TRICARE health insurance from covering gender dysphoria treatments for individuals under 18.

Inserted at the request of Speaker Mike Johnson (R-La.) during the bill’s final stages, this provision was deemed unnecessary by some Republicans, given that President-elect Trump could implement a similar ban through administrative action upon taking office.

The left swiftly condemned this addition, with the Human Rights Campaign, a pro-LGBTQ advocacy organization, accusing Republicans of endangering the healthcare of service members’ children for political gain.

Rep. Adam Smith (D-Wash.), ranking member of the House Armed Services Committee, expressed his opposition to the NDAA due to the amendment, which he labeled as catering to the extreme factions within the GOP.

Another controversial provision aimed at limiting diversity, equity, and inclusion (DEI) initiatives in the military made its way into the bill, which would prevent the Defense Department from creating new DEI-related positions for one year. Despite resistance from liberal Democrats and some Republicans, the NDAA passed in the House with a bipartisan vote of 281-140, garnering support from 81 Democrats.

A letter signed by over 40 Democratic and independent senators called for the exclusion of any new “poison pill” policy riders from the FY25 appropriations bills, particularly those that restrict access to gender-affirming care.

The letter was spearheaded by Merkley along with Democratic Sens. Tammy Baldwin (Wis.) and Cory Booker (N.J.). While the NDAA outlines defense policies and funding objectives, a separate defense appropriations bill must be enacted to allocate actual funding.

The lawmakers warned, “Extremist riders like those in the FY25 House appropriations bills pose a threat to Congress’s ability to enact crucial legislation and maintain government operations for the American public. Therefore, we urge you to reject these divisive amendments from the final FY25 appropriations bills.” Regarded as essential legislation, the NDAA has been signed into law annually for the past sixty years.

In addition to the cultural amendments, the bill includes several bipartisan initiatives, such as establishing a Taiwan fund similar to the Ukraine initiative that permits the U.S. to supply arms through private industry purchases, as well as a 4.5 percent pay increase for all service members. The defense bill would also allocate funding for seven new warships, approximately 200 aircraft, and over 300 vehicles.

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