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| Long title | An Act to authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. |
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| Enacted by | the 116th United States Congress |
| Citations | |
| Public law | Pub. L. 116–283 (text) (PDF) |
| Legislative history | |
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The William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (NDAA 2021) is a United States federal law which specifies the budget, expenditures and policies of the U.S. Department of Defense (DOD) for fiscal year 2021. Analogous NDAAs have been passed annually for 59 years.[1] The act is named in honor of Representative Mac Thornberry,[2] who served as either the chair or the ranking member of the House Armed Services Committee. Thornberry retired from Congress at the end of the congressional session.[2][3]
The $740 billion bill includes pay raises for America's soldiers, modernizations for equipment, and provisions to require more scrutiny before troops are withdrawn from Germany or Afghanistan. President Donald Trump had threatened to veto the bill because it did not include a repeal of 1996 legislation shielding internet companies from being liable for what is posted on their websites by third parties. The bill also includes a provision to limit the president's use of emergency declarations to divert military construction funds to finance the expansion of the Mexico–United States barrier.[4][5] Another provision within the act would require the military to rename bases that were named after figures from the Confederacy. The act also contains multiple anti-money laundering provisions and effectively bans anonymous shell companies.
The bill passed both the House and Senate with veto-proof majorities on December 11, 2020. On December 23, President Trump vetoed the bill. The House and Senate voted on December 28, 2020, and January 1, 2021, respectively, to override the veto; this was the only veto override of Trump's presidency.[6]
- ^ Donnelly, John M. (December 17, 2020). "Congress girds for possible veto override votes on defense bill". Roll Call. Retrieved December 23, 2020.
- ^ a b "William M. "Mac" Thornberry National Defense Authorization Act for Fiscal Year 2021". United States Senate Committee on Armed Services. December 3, 2020. Retrieved January 2, 2021.
- ^ Benning, Tom (September 30, 2019). "Rep. Mac Thornberry becomes 6th Texas Republican in House to announce retirement ahead of 2020 election". Dallas News. Retrieved January 3, 2021.
- ^ Somin, Ilya (January 1, 2021). "Congress Overrides Trump Veto of Defense Bill that Includes Tight Constraints on Use of "Emergency" Powers to Divert Military Construction Funds to the Border Wall and Other Projects". Reason.com. Retrieved February 7, 2021.
Section 2801 of the Act limits the president's ability to use "emergency" declarations to divert military construction funds to no more than $100 million per year for construction within the United States. This largely closes the loophole Trump tried to use to fund parts of his border wall project, using an emergency declaration he issued in 2019, thereby laying claim to some $3.6 billion.
- ^ Demirjian, Karoun (December 3, 2020). "Bipartisan defense bill includes several rebukes of Trump's record as commander in chief". The Washington Post. ISSN 0190-8286. Retrieved February 7, 2021.
The bill contains several repudiations of Trump's use of the military on the home front as well. It limits the amount of military construction funding that can be diverted to domestic projects via a national emergency order to an annual $100 million — a far cry from the $3.6 billion Trump attempted to divert to his border wall project in 2019. It sets a ceiling of $500 million for overseas projects.
- ^ Ewing, Philip (January 1, 2021). "Congress Overturns Trump Veto On Defense Bill After Political Detour". NPR. Retrieved January 1, 2021.