President Joe Biden has signed into law H.R. 5009, the "Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025." The Act allocates fiscal year appropriations primarily for the Department of Defense, Department of Energy national security programs, Department of State, Department of Homeland Security, and the Intelligence Community. It aims to provide essential benefits for military personnel and their families while supporting national defense, foreign affairs, and homeland security.
Despite endorsing the main objectives of the Act, President Biden expressed concerns over certain provisions that might interfere with his constitutional authority in international negotiations. He stated, "It is not for the President alone to determine the whole content of the Nation’s foreign policy" (Zivotofsky v. Kerry) but emphasized he would act in line with these directives without limiting his discretion in articulating U.S. views internationally.
The Act includes sections requiring reports or certifications that may involve sensitive classified information or implicate executive branch confidentiality interests. President Biden highlighted constitutional concerns regarding section 354(4), which could compel disclosure of documents protected by executive branch confidentiality interests. He affirmed that it is a common practice to comply with statutory reporting requirements while protecting classified information and preserving internal deliberations' confidentiality.
Sections 1043 and 1041 continue restrictions on transferring Guantánamo Bay detainees to certain foreign countries or into the United States using Department of Defense funds. The executive branch maintains that these provisions hinder its ability to decide when and where to prosecute detainees or manage their release following court judgments. President Biden urged Congress to remove these restrictions promptly.
Additionally, President Biden's administration opposes section 708, which restricts the Department of Defense from treating individuals equally under the law regardless of gender identity. This provision prohibits using appropriated funds against clinical guidelines and interferes with parental roles in healthcare decisions for children based on gender identity. According to President Biden, this section could impact military recruitment and retention by denying healthcare coverage to service members' children.
JOSEPH R. BIDEN JR.
THE WHITE HOUSE,
December 23, 2024.
