FY 2024 NDAA, MilCon, and DoD Appropriations Advocacy Toolkit

Modern Military Association of America & MilPride

FY 2024 NDAA, MilCon, and DoD Appropriations Advocacy Toolkit 

July 18, 2023

 

Why You Should Call Your Representatives

Anti-equality House members are using the FY2024 National Defense Authorization Act (NDAA); FY2024 Military Construction, Veterans Affairs, and Related Agencies Appropriations Act (MilCon); and FY2024 Department of Defense Appropriations Act (DoD) to pass dangerous amendments targeting healthcare, gender-affirming care, education, and LGBTQ+ friendly services and resources. The Rules Committee has announced that they may meet the week of September 11th to provide for floor consideration of H.R. 4365, Department of Defense Appropriations Act.

Numerous anti-equality measures threaten the health and safety of our troops and their families. The amendments seek to:

• Undermine protections against race and LGBTQ+ discrimination in the military
• Restrict abortion access
• Deny essential healthcare, including gender-affirming care, to transgender service members and military families
• Eliminate access to the Exceptional Family Member Program for transgender or gender nonconforming youth and family members thereby limiting healthcare access based on location 
• Codify the prohibition on drag shows and use of drag queens as digital ambassadors
• Ban books that do not uphold the gender binary as well as disallow Pride Month instruction and/or celebration at DoD Education Activity schools
• Allowing only certain flags to be flown over military installations – thereby prohibiting LBGTQ+ Pride flags from being flown

The passage of any of these bills with the attached amendments threatens our most important operational advantage – our service members – well-being and resiliency. If service members are thinking and concerned about discrimination, do not feel welcome due to their sexual and gender identities, or are worried about the health and safety of their family members then they will not be focused on their jobs. This reduces military readiness by affecting retention, morale, performance, operational readiness, recruitment, and overall health of our military. 

Rachel Branaman, interim executive director for MMAA, stated,

“Over 400,000 women, an estimated several thousand transgender men, as well as individuals who identify as non-binary or a different gender serve on active duty or reserve components of the Armed Forces will be impacted by these amendments. There are also an estimated 50,000 transgender, gender-diverse, or LGBTQ+ adolescents who are military dependents. Efforts to limit LGBTQ+ protections are unaligned with what the country believes and supports. According to nonpartisan polling, nearly 8 in 10 Americans, including 65% of Republicans, back nondiscrimination protections for LGBTQ+ people. It is imperative that the House and Senate prioritize removing anti-equality riders from the NDAA, DoD, and MilCon appropriations bills.”

Currently, there are 79,000+ Lesbian, Gay, and Bisexual persons and 15,500+ Transgender persons actively serving in the military and more than a million LGB veterans and 163,000+ Transgender veterans. The LGBTQ community is highly represented within the armed forces with 5% of active duty personnel identifying as LGB and 1% identifying as transgender. For reference, 3% of Americans openly identify as LGB and .06% identify as transgender. Furthermore, studies show that 20% of transgender people have served in the military, which is double the percentage of the U.S. general population.

 

What’s in the NDAA Bill?

You can find the NDAA here, and a very handy amendment tracker here that has a summary of the amendment and a link to the full text. Of note are Section 595 – the prohibition of drag shows and drag queen story hour. And the following amendments:

Rule #	Version	Sponsor	Party	Summary	Outcome
0377	1	Jackson (TX)	R	Prohibits the Secretary of Defense from paying for or reimbursing expenses relating to abortion services. This is the amendment version of H.R. 1297.	Agreed to by recorded vote: 221 – 213 (Roll no. 300).
0194	1	Rosendale (MT)	R	Prohibits TRICARE from covering and the Department of Defense from furnishing sex reassignment surgeries and gender hormone treatments for transgender individuals.	Agreed to by recorded vote: 222 – 211 (Roll no. 301).
0030	1	Norman (SC)	R	Prohibits provision of gender transition procedures, including surgery or medication, through the Exceptional Family Member Program	Agreed to by recorded vote: 222 – 210 (Roll no. 302).
1465	2	Norman (SC)	R	Late Revised Eliminates any offices of Diversity, Equity, and Inclusion along with the personnel in said offices within the offices of the Armed Forces and Department of Defense.	Agreed to by recorded vote: (Roll no. 312).
1464	1	Norman (SC)	R	Late Codifies Trump admin guidance to prohibit the display of unapproved flags.	Agreed to by recorded vote: (Roll no. 313).
1386	1	Boebert (CO)	R	Late Prohibits Department of Defense Education Activity schools from purchasing and having pornographic and radical gender ideology books in their libraries.	Agreed to by recorded vote: (Roll no. 314)

 

What’s in the MilCon Bill?

You can find the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act here. Of note: 

• Sec. 258. (b) None of the funds appropriated in this Act shall be expended for any abortion, including through a medical benefits package or health benefits program that includes coverage of abortion.
• Sec. 259. None of the funds made available by this Act may be used for surgical procedures or hormone therapies for the purposes of gender-affirming care.
• Sec. 260. None of the funds made available by this Act may be used by the Secretary of Veterans Affairs to fly or display a flag over a facility of the Department of Veterans Affairs or a national cemetery other than the flag of the United States, the flag of a State, Territory, or District of Columbia, the flag of an Indian Tribal government, the flag of the Department, the flag of an Armed Force, or the POW/MIA flag. (This means LGBTQ+ or Pride flags cannot be flown.)
• Sec. 415. None of the funds made available by this Act may be used to carry out any program, project, or activity that promotes or advances Critical Race Theory or any concept associated with Critical Race Theory.
• Sec. 416. None of the funds provided by this Act, or previous appropriations Acts, shall be used in whole or in part to take any discriminatory action against a person, wholly or partially, on the basis that such person speaks, or acts, in accordance with a sincerely held religious belief, or moral conviction, that marriage is, or should be recognized as, a union of one man and one woman. (This protects Americans against religious discrimination – which is often used to allow health care providers to deny care to LGBTQ+ people and reproductive health care.)

 

What’s in the DoD Appropriations Bill?

You can find the Department of Defense Appropriations Act here. Of note: 

• Sec. 8034: None of the funds made available in this Act, or any subsequent Act making appropriations for the Department of Defense, may be used for the purchase or manufacture of a flag of the United States unless such flags are treated as covered items under section 4862(b) of title 10, United States Code. (This means LGBTQ+ or Pride flags cannot be flown.)
• Sec. 8143: None of the funds made available by this Act may be used for surgical procedures or hormone therapies for the purposes of gender-affirming care.
• Sec. 8144: None of the funds appropriated or otherwise made available by this Act may be used to promote, host, facilitate, or support events on United States military installations or as part of military recruiting programs that violate the Department of Defense Joint Ethics Regulation or bring discredit upon the military, such as a drag queen story hour for children or the use of drag queens as military recruiters.
• Sec. 8148:  None of the funds appropriated or otherwise made available by this Act may be used to carry out any program, project, or activity that promotes or advances Critical Race Theory, any concept associated with Critical Race Theory, or that teaches or trains any idea or concept that condones an individual being discriminated against or receiving adverse or beneficial treatment based on race or sex, that condones an individual feeling discomfort, guilt, anguish, or any other form of psychological distress on account of that individual’s race or sex, as well as any idea or concept that regards one race as inherently superior to another race, the United States or its institutions as being systemically racist or sexist, an individual as being inherently racist, sexist, or oppressive by virtue of that individual’s race or sex, an individual’s moral character as being necessarily determined by race or sex, an individual as bearing responsibility for actions committed in the past by other members of the same race or sex, or meritocracy being racist, sexist, or having been created by a particular race to oppress another race.
• Sec. 8151 (a): None of the funds provided by this Act, or previous appropriations Acts, shall be used in whole or in part to take any discriminatory action against a person, wholly or partially, on the basis that such person speaks, or acts, in accordance with a sincerely held religious belief, or moral conviction, that marriage is, or should be recognized as, a union of one man and one woman. (This protects Americans against religious discrimination – which is often used to allow health care providers to deny care to LGBTQ+ people and reproductive health care.)

First, Read These Guidelines 

• You’ll be speaking to an aide. Speak calmly and clearly. 
• Be respectful. The staffers who answer the phone are not looking to challenge your opinion, and you should treat them with the same respect you expect from them, regardless of which party they work for.  Thank them for their time, they are public servants too and a thank you can go a long way.  
• Add your own words. Edit the script to make it as generic (I am a military spouse against the anti-equality amendments in the 2024 NDAA, MilCon, and DoD appropriations bills) or as personal (I am an Army wife with a transgender child and I am asking Congressperson X to not vote to take away our healthcare) as you like.
• If you are calling the representative where you vote:  Let them know that you are a constituent. Say the city and state you are from.  
• If you are calling the representative where you are stationed but not a resident: Let them know that you are a military family living in their district.  
• If you want to go above and beyond and call each member of the Senate Armed Services Committee and or the House Armed Services Community:  Let them know that you are a military family and you are calling because of the Senator’s/Congressperson’s role on SASC/HASC.  Especially consider calling the following: Fitzpatrick and Issa voted against a GAC ban on NDAA in 2017 (so did Stefanik and Tenney—but they’ve gotten more conservative since then). Lawler has also broken ranks on the floor once before earlier this Congress
• Be brief. Aides receive a high volume of phone calls every day, so keep your call short and to the point.  
• Let us know how it went. Be sure to let us know who you called and how it went.

 

Find Your Representatives

You can call/email the representatives in Congress for where you are a resident or where you are currently stationed.  There are templates for both situations.  Use this link with your zip code to look up your representatives: https://www.congress.gov/members/find-your-member

 

Draft a Phone Script

Add your own words. Edit the script to make it as generic (I am a military spouse against the anti-equality amendments in this year’s NDAA, MilCon, or DoD appropriations bill) or as personal (I am an Army wife with a transgender child and I am asking Congressperson X not to take away our healthcare) as you like.

Parts of the Call	Example
Your name and state	Hello, my name is [insert your name]. I’m a constituent from [insert your state], zip code [insert your zip code].  OR I’m a military spouse living in/stationed in your district.
State the issue	I am calling to ask [insert your representative’s name] to not support the anti-equality measures to the NDAA, MilCon, and DoD appropriations bills like the gender-affirming care ban for service members and their families, drag bans, and Pride Flag bans.   OR As a military [member/spouse] and the parent of [LGBTQ child],  I do not support the anti-equality riders in the NDAA, MilCon, and DoD Appropriations bills like gender-affirming care bans. Taking healthcare options away from military families or forcing their kids to live in a state where they can’t get care will cause those families to leave the service.
Call to action	Please help ensure that LGBTQ+ military members and their families are not stripped of their access to healthcare and that all identities are welcome within the armed forces through morale-boosting activities like drag shows, Pride events, and flying of the Pride or LGBTQ flags.

 

Use an Email Template

For those who wish to advocate without disclosing personal information:

Dear Representative [blank], Dear Senator [blank],

NDAA: I want to ensure that the FY 2024 NDAA does not include anti-equality riders like the gender-affirming care ban for service members and their families, Pride flag bans, book bans at DODEA schools or EFMP reassignment bans for those with gender dysphoria.

MilCon: I want to ensure that the FY 2024 MilCon bill does not include anti-equality sections like the gender-affirming care ban for service members and their families, Pride flag bans, and the ability of healthcare providers to deny care to LGBTQ+ people under the guise of religious freedom. 

DoD: I want to ensure that the FY 2024 DoD bill does not include anti-equality sections like the gender-affirming care ban for service members and their families, drag bans, Pride flag bans, and the ability of healthcare providers to deny care to LGBTQ+ people under the guise of religious freedom. 

Over the past 7 years, transgender people have proven their ability to serve alongside all other members of our military and we are a stronger, more capable force with everyone included. The military has adjusted and improved based on transgender inclusion, just as it did when all previous minority groups were integrated.  I firmly believe the best way for our nation to attract and retain the best and brightest who desire to serve and protect our nation in the 21st Century is when all who are capable of meeting the standards have that opportunity.  

We have a diverse force and their families are diverse as well.  Just as service members deserve access to appropriate healthcare so do their family members.  

As a military [member/spouse] I do not support the anti-equality measures within the NDAA, MilCon, and DoD appropriations bills. Please help ensure that LGBTQ+ military members and their families are not stripped of their access to healthcare and that all identities are welcome within the armed forces through morale-boosting activities like drag shows, Pride events, and flying of the Pride or LGBTQ flags.  

Thank you

[insert name]

 

For those who wish to advocate and disclose some information:

Dear Representative [blank], Dear Senator [blank],

I am a military [family member/spouse/veteran] living in your district [and I am [LGBTQ] or I am the parent of a [LGBTQ] child].

NDAA: I want to ensure that the FY 2024 NDAA does not include anti-equality riders like the gender-affirming care ban for service members and their families, Pride flag bans, book bans at DODEA schools or EFMP reassignment bans for those with gender dysphoria.

MilCon: I want to ensure that the FY 2024 MilCon bill does not include anti-equality sections like the gender-affirming care ban for service members and their families, Pride flag bans, and the ability of healthcare providers to deny care to LGBTQ+ people under the guise of religious freedom. 

DoD: I want to ensure that the FY 2024 DoD bill does not include anti-equality sections like the gender-affirming care ban for service members and their families, drag bans, Pride flag bans, and the ability of healthcare providers to deny care to LGBTQ+ people under the guise of religious freedom. 

Over the past 7 years, transgender people have proven their ability to serve alongside all other members of our military and we are a stronger, more capable force with everyone included. The military has adjusted and improved based upon transgender inclusion, just as it did when all previous minority groups were integrated.  I firmly believe the best way for our nation to attract and retain the best and brightest who desire to serve and protect our nation in the 21st Century is when all who are capable of meeting the standards have that opportunity.  

We have a diverse force and our family is diverse. LGBTQ military families like mine should not be targeted in the NDAA, MilCon, or DoD appropriations bills. Please help ensure that LGBTQ+ military members and their families are not stripped of their access to healthcare and that all identities are welcome within the armed forces through morale-boosting activities like drag shows, Pride events, and flying of the Pride or LGBTQ flags.  

Thank you

[insert name]

 

Don’t forget to let us know who you called and how it went!