Republicans and Democrats Clash over Social Issues in Defense Bill

The U.S. House and Senate have each passed a version of the National Defense Authorization Act for 2024, an annual undertaking. The NDAA is a massive piece of legislation (the House bill is over 1700 pages long and the Senate bill over 2,000 pages). When Congress comes back from summer break the two bodies must reconcile the differences. Once a compromise bill is agreed to in a conference committee, the House must pass that compromise bill, followed by the Senate. It will then be presented to the President to sign into law.

Working out compromises will not be easy. The Republican majority in the House has put in some provisions to satisfy their base that will be difficult for the Democrats who control the Senate to accept without offending their base.

LGBTQ

The Republican bill prohibits drag shows and drag queen story hour. It prohibits displaying any flag other than the U.S. flag, a State or District of Columbia flag, or certain other flags with some connection to the military (but not any flag relating to sexuality or gender). It prohibits TRICARE -- the Department of Defense health care program for service members, retirees, and their families -- from paying for "Sex reassignment surgeries furnished for the purpose of the gender alteration of a transgender individual" and "Hormone treatments furnished for the purpose of the gender alteration of a transgender in individual".

ABORTION

Under current law (10 USC 1093) Department of Defense funds may be used to pay for abortions only to save the life of the mother, or, in the case of rape or incest. Following the 2022 Supreme Court Dobbs decision, some states restricted access to abortion to some extent, leaving some service members in jurisdictions where state law was more restrictive than the Dept. of Defense funding rule. On October 20, 2022, the Department of Defense issued a Memorandum entitled "Ensuring Access to Reproductive Health" providing for the Department to pay travel expenses for travel to another state for an abortion. The House-passed bill expresses the sense of Congress that the Memorandum was illegal, citing 10 USC 1093, and the bill would repeal the Memorandum.

The Democrats are strongly opposed to the House-passed provisions relating to LBGTQ and abortion. Minority Whip Katherine Clark, of Massachusetts, said on CNN: "We know that this bill is going nowhere in the Senate because it is disgusting and outrageous."

It is hard to see how compromise can be worked on issues so vital to each side's interest in pleasing its core constituency.

COVID-19

The House bill contains several provisions prohibiting action against an individual due to refusal to receive the COVID-19 vaccine and provides a path for reinstatement of anyone separated from the military due to past refusal to take the COVID-19 vaccine.

President Biden in a Statement of Administration Policy strongly opposed all the House provisions relating to COVID-19 vaccination. While the President has no direct role in drafting legislation, it is common for the Administration to provide such comments, and members of the President's party are likely to consider voting accordingly.