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raises for America's soldiers, modernizations for equipment, and provisions to require more scrutiny before troops are withdrawn from Germany or Afghanistan.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]
Senator Mitt Romney's (R-UT) amendment to restrict President Trump's ability to reduce U.S. military presence in Germany failed. Senator Jeff Merkley's (D-OR) amendment requiring federal law enforcement uniforms to identify an individual and their agency, limit their activities to federal property and the immediate surrounding area unless a governor or mayor requests more assistance and to publicly disclose the number of personnel deployed and what activities they are carrying out did not get a vote. [7] The Senate voted 23–77 against a proposal by Senator Bernie Sanders (I-VT) to reduce the defense budget by $74 billion. [8]
The House of Representatives passed its version of the bill with a veto-proof 295–125 vote on July 21, 2020. [9] Two days later, the Senate passed its version of the bill (S. 4049) 86–14. [7] The final version of the bill was agreed on by the House on December 8, 2020, and the Senate on December 11, 2020. [10] [11]
The bill was presented to President Trump on December 11, who vetoed it on December 23, because it renames military bases that honor Confederate officers, and because it does not repeal Section 230 of the 1996 Communications Decency Act, which shields internet companies from being liable for what is posted on their websites by third parties. [12] [13] [14] [15]
The House of Representatives voted 322–87 to override the president's veto on December 28. [16] After Majority Leader Mitch McConnell said the Senate would vote on December 30 on whether to override the president's veto, [16] [17] Senators Sanders (I-VT) and Josh Hawley (R-MO) said they would delay this using a filibuster, in hopes of forcing a vote on the CASH Act (which would increase stimulus check amounts). [18] [19] The motion in the Senate to take a vote on a veto override passed 80–12 on December 30, followed by cloture by Senator McConnell, preventing further debate. [20] The Senate voted 81–13 to override the veto on January 1, 2021. [21]
The $740.5 billion bill authorizes $636.4 billion for the Pentagon's base budget, $25.9 billion for national security programs within the Department of Energy, and $69 billion for the Overseas Contingency Operations account, a war fund that is not subject to budget caps. [7] As an authorization bill, these amounts are non-binding.
The bill also includes a provision to limit the use of emergency declarations to divert military construction funds to an annual $100 million. [4] [5]
The National Artificial Intelligence Initiative Act of 2020 (division E) aims to establish a coordinated federal initiative to advance artificial intelligence (AI) research, development, and adoption in the United States. Key components of the AIIA include the creation of a National AI Initiative Office for coordinating federal AI activities, the establishment of National AI Research Institutes for multi-disciplinary research, and the formation of a National AI Advisory Committee to provide expert advice. It also authorizes significant funding for AI research, emphasizes international collaboration, and supports AI education and workforce development initiatives. Furthermore, the act addresses ethical considerations and AI safety, promoting research on AI ethics, transparency, and robustness to ensure responsible deployment of AI systems.
The bill also contains numerous anti-money laundering provisions. The Corporate Transparency Act introduces a requirement for companies to disclose their ultimate beneficial owners to the Financial Crimes Enforcement Network (FinCEN), thus effectively banning anonymous shell corporations. [22] The act also strengthened anti-money laundering regulations for the antiquities trade. [23]
The bill also included an amendment originally offered by Senator Jim Inhofe (R-OK) in the Senate version [24] with a limited ban on the transfer of bayonets, grenades, weaponized tracked combat vehicles, and weaponized drones to police departments, as well as requiring law enforcement to be trained in de-escalation and citizens' constitutional rights. [7] [25]
The bill includes a provision creating a Commission on the Naming of Items of the Department of Defense that Commemorate the Confederate States of America or Any Person Who Served Voluntarily with the Confederate States of America to develop a plan to "remove all names, symbols, displays, monuments, and paraphernalia that honor or commemorate the Confederate States of America or any person who served voluntarily with the Confederate States of America from all assets of the Department of Defense." [26] [27]
The bill approved by the House [28] included a provision to require the executive to consult with Congress before invoking the Insurrection Act of 1807, and blocked appropriations from being used for nuclear testing. [29] It also included an amendment introduced by Rep. Tulsi Gabbard (D-HI) and passed by the House 336–71 which "would let soldiers use cannabis derivatives like CBD", and would have reversed the Department of Defense's policy against cannabis derivatives if it became law. [30] The cannabis-related changes were not retained in the enrolled bill passed by both houses of Congress. [31] It also called for the establishment of a commission to rename military assets that honor Confederate officers. [32]
The act failed to include the Creating Helpful Incentives to Produce Semiconductors for America (CHIPS) Act, which aims to promote semiconductor research, development and manufacturing. [33] [34]
The War Powers Resolution is a federal law intended to check the U.S. president's power to commit the United States to an armed conflict without the consent of the U.S. Congress. The resolution was adopted in the form of a United States congressional joint resolution. It provides that the president can send the U.S. Armed Forces into action abroad only by declaration of war by Congress, "statutory authorization", or in case of "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces".
The National Defense Authorization Act (NDAA) is the name for each of a series of United States federal laws specifying the annual budget and expenditures of the U.S. Department of Defense. The first NDAA was passed in 1961. The U.S. Congress oversees the defense budget primarily through two yearly bills: the National Defense Authorization Act and defense appropriations bills. The authorization bill is the jurisdiction of the Senate Armed Services Committee and House Armed Services Committee and determines the agencies responsible for defense, establishes recommended funding levels, and sets the policies under which money will be spent. The appropriations bill provides funds.
The Water Resources Development Act of 2007 or WRDA 2007 is a United States law that reauthorized the Water Resources Development Act (WRDA), and authorized flood control, navigation, and environmental projects and studies by the United States Army Corps of Engineers. However, the law does not appropriate funds for those projects and programs. It was passed by the 110th United States Congress on November 8, 2007 over President George W. Bush's veto.
The National Defense Authorization Act (NDAA) for Fiscal Year 2012 is a United States federal law which among other things specifies the budget and expenditures of the United States Department of Defense. The bill passed the U.S. House on December 14, 2011, the U.S. Senate on December 15, 2011, and was signed into United States law on December 31, 2011, by President Barack Obama.
The National Defense Authorization Act (NDAA) for Fiscal Year 2013 is a United States federal law which specifies the budget and expenditures of the United States Department of Defense for fiscal year 2013. The full title is An Act to Authorize Appropriations for fiscal year 2013 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. This law has been assigned the number PL 112–239.
The National Defense Authorization Act for Fiscal Year 2014 is a United States federal law which specifies the budget and expenditures of the United States Department of Defense (DOD) for Fiscal Year 2014. The law authorizes the DOD to spend $607 billion in Fiscal Year 2014.
The Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 was a National Defense Authorization Act. According to the House Armed Services Committee, which oversaw the legislation, the bill would be "the comprehensive legislation to authorize the budget authority of the Department of Defense and the national security programs of the Department of Energy." The total appropriations that are authorized amount to approximately $600 billion for fiscal year 2015.
The National Defense Authorization Act for Fiscal Year 2016 is a United States federal law which specifies the budget and expenditures of the United States Department of Defense (DOD) for Fiscal Year 2016.
Countering Foreign Propaganda and Disinformation Act is a bipartisan bill that was introduced by the United States Congress on 10 May 2016. The bill was initially called the Countering Information Warfare Act.
The National Defense Authorization Act for Fiscal Year 2018 is a United States federal law which specifies the budget, expenditures and policies of the U.S. Department of Defense (DOD) for Fiscal Year 2018. Analogous NDAAs have been passed in previous and subsequent years.
The chief management officer (CMO) of the United States Department of Defense (DoD) was the third-in-command of the department after the Secretary of Defense and Deputy Secretary of Defense. The position's purpose was to reduce costs by improving the quality and productivity of DoD's business operations. Congress disestablished the CMO position with the passage of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 effective 1 January 2021.
The John S. McCain National Defense Authorization Act for Fiscal Year 2019 is a United States federal law which specifies the budget, expenditures and policies of the U.S. Department of Defense (DOD) for fiscal year 2019. It was signed by President Donald Trump during a ceremony in Fort Drum, New York on August 13, 2018.
The National Emergency Concerning the Southern Border of the United States was declared on February 15, 2019, by President of the United States Donald Trump. Citing the National Emergencies Act, it ordered the diversion of billions of dollars of funds that had been appropriated to the U.S. Department of Defense for military construction. Trump declared the emergency after he signed, but derided, a bipartisan funding bill containing border security funding without funding for the border wall that Trump demanded.
The National Defense Authorization Act for Fiscal Year 2020 is a United States federal law which specifies the budget, expenditures and policies of the U.S. Department of Defense (DOD) for fiscal year 2020. Analogous NDAAs have been passed in previous and subsequent years. The NAA passed the House by a vote of 377–48 and the Senate by a vote of 86–8 and became effective on December 20, 2019 when it was signed into law by President Donald Trump.
The Consolidated Appropriations Act, 2021 is a $2.3 trillion spending bill that combines $900 billion in stimulus relief for the COVID-19 pandemic in the United States with a $1.4 trillion omnibus spending bill for the 2021 federal fiscal year and prevents a government shutdown. The bill is one of the largest spending measures ever enacted, surpassing the $2.2 trillion CARES Act, enacted in March 2020. The legislation is the first bill to address the pandemic since April 2020. According to the Senate Historical Office, at 5,593 pages, the legislation is the longest bill ever passed by Congress.
The Commission on the Naming of Items of the Department of Defense that Commemorate the Confederate States of America or Any Person Who Served Voluntarily with the Confederate States of America, more commonly referred to as the Naming Commission, was a United States government commission created by the United States Congress in 2021 to create a list of military assets with names associated with the Confederate States of America and recommendations for their removal.
The National Defense Authorization Act for Fiscal Year 2022 is a United States federal law which specifies the budget, expenditures and policies of the U.S. Department of Defense (DOD) for fiscal year 2022. Analogous NDAAs have been passed annually for 60 years.
The James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 is a United States federal law which specifies the budget, expenditures and policies of the U.S. Department of Defense (DOD) for fiscal year 2023. Analogous NDAAs have been passed annually for over 60 years.
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: CS1 maint: url-status (link)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.
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: CS1 maint: url-status (link)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.
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: CS1 maint: url-status (link)'The House voted to reapprove the conference report on this must-pass legislation. Today the Senate will set up a final vote for tomorrow, Wednesday, with this chamber to follow suit', McConnell said from the Senate floor on Tuesday.
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: CS1 maint: url-status (link)including respect for the rights of citizens under the Constitution of the United States and de-escalation of force. (2) Certain property not transferrable.— Such section is further amended— (A) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (B) by inserting after subsection (d) the following new subsection (e): (e) Property not transferrable.— The Secretary may not transfer to a Tribal, State, or local law enforcement agency under this section the following: (1) Bayonets. (2) Grenades (other than stun and flash-bang grenades). (3) Weaponized tracked combat vehicles. (4) Weaponized drones.