National Defense Authorization Act for Fiscal Year 2021

National Defense Authorization Act for Fiscal Year 2021
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Shorttitle	National Defense Authorization Act for Fiscal Year 2021
Othershorttitles	William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Colloquialacronym	NDAA 2021
Enacted by	116th
Effective date	January 1, 2021
Public law url	https://www.congress.gov/bill/116th-congress/house-bill/6395
Cite public law	116-283
Leghisturl	https://www.congress.gov/bill/116th-congress/house-bill/6395/all-actions

National Defense Authorization Act for Fiscal Year 2021 is a United States federal law specifying the budget, expenditures, and policies of the United States Department of Defense. The $740.5 billion bill authorizes funding for the United States Armed Forces and other national security programs within the United States Department of Energy. It is named in honor of retiring Representative Mac Thornberry, a key member of the United States House Committee on Armed Services.

Overview and legislative history

The legislation originated from the United States House Committee on Armed Services and its counterpart, the United States Senate Committee on Armed Services. The initial version, H.R. 6395, was introduced by Chairman Adam Smith of Washington and underwent extensive markup in the summer of 2020. Concurrently, the Senate Armed Services Committee, led by Chairman Jim Inhofe of Oklahoma, developed its own proposal, S. 4049. The process occurred amidst a contentious political climate, including the 2020 United States presidential election and the ongoing global COVID-19 pandemic, which influenced debates on defense spending and readiness. A Conference committee was convened to reconcile differences between the United States House of Representatives and United States Senate versions, producing a final compromise bill.

Major provisions

The act authorized a topline of $740.5 billion for national defense, including $69 billion for Overseas Contingency Operations. Key provisions established the United States Space Force as a member of the Joint Chiefs of Staff and mandated a three-percent pay raise for members of the United States military. It included significant investments in modernizing the nuclear triad, funding for the Columbia-class submarine and the B-21 Raider program. The law also contained the Pacific Deterrence Initiative to bolster alliances and posture in the Indo-Pacific Command region, and it imposed new sanctions related to the Nord Stream 2 pipeline project affecting Russia. Other measures addressed Artificial intelligence and cyber warfare initiatives under the United States Cyber Command.

Controversies and amendments

The bill faced significant debate over the renaming of military bases honoring figures of the Confederate States of America, ultimately requiring their removal within three years. A major point of contention involved Section 230 of the Communications Decency Act; an attempted amendment by President Donald Trump to repeal liability protections for online platforms was not included. Further controversies arose from provisions limiting the withdrawal of troops from Afghanistan and Germany, which drew objections from the Trump Administration. Amendments also addressed the use of PFAS chemicals and placed conditions on support for the Saudi Arabian-led intervention in Yemen.

Passage and enactment

The final conference report for H.R. 6395 passed the United States House of Representatives on December 8, 2020, by a vote of 335–78. It subsequently passed the United States Senate on December 11, 2020, with an 84–13 vote. President Donald Trump vetoed the bill on December 23, 2020, citing objections over the Section 230 issue and troop withdrawal limitations. On December 28, 2020, the United States House of Representatives overrode the veto with a 322–87 vote, marking the first veto override of the Trump presidency. The United States Senate followed suit on January 1, 2021, overriding the veto by a 81–13 vote, enacting the bill into law as Public Law 116-283.

Impact and implementation

The enactment of the law had immediate effects on United States Department of Defense policy and United States military operations worldwide. The mandated base renaming process was initiated, overseen by a congressionally appointed commission. Funding from the Pacific Deterrence Initiative began flowing to projects enhancing infrastructure in Guam and partnerships with allies like Japan and Australia. The establishment of the United States Space Force on the Joint Chiefs of Staff solidified its role in national security planning. Implementation of sanctions on Nord Stream 2 created diplomatic friction with Germany and the European Union, while the troop withdrawal conditions shaped the final stages of the War in Afghanistan (2001–2021). Category:United States federal defense and national security legislation Category:2020 in American law Category:116th United States Congress