The U.S. House of Representatives passed the 2021 National Defense Authorization Act (NDAA) on Tuesday, December 8, 2020, with a 335-78 vote. The legislation, which outlines the annual budget and expenditures for the Pentagon, secured a margin well above the two-thirds majority required to override a potential presidential veto. The bill, which saw one member abstain, now moves to the Senate for further consideration.
Presidential Veto Threat and Congressional Response
President Trump has formally vowed to veto the legislation if it reaches his desk. Earlier on Tuesday, the president urged House Republicans via Twitter to vote against the bill, characterizing it as a “very weak” measure. President Trump’s opposition centers on several specific demands. He has stated that the NDAA must include a provision to terminate Section 230, a law that protects social media companies from liability. Additionally, the president’s stated requirements for the bill include the preservation of national monuments, the authorization of 5G technology, and the reduction of troop numbers stationed in foreign lands. The Office of Management and Budget has formally recommended that the president veto the legislation. However, members of Congress have indicated a willingness to challenge such a move. Congressman Mac Thornberry, the ranking member of the House Armed Services Committee, suggested that Congress should return to session if necessary to override a veto, noting that the legislative body would face criticism if it failed to address issues such as military pay. Similarly, Republican Congresswoman Liz Cheney stated on Monday that the NDAA should be passed and that Congress should override a veto if the president chooses to exercise one. House Armed Services Committee Chairman Adam Smith has also stated that the House would not rule out overturning a veto.
Support for Taiwan and Indo-Pacific Strategy
The 2021 NDAA includes significant provisions regarding U.S. policy toward Taiwan. These measures call for the continuation of arms sales to the country and require a timely review and response
to Taiwan’s requests for defense articles. The bill also seeks to expand the bilateral military partnership and suggests increased cooperation in the areas of medical security, vaccine research, and production, as well as joint expert conferences.
Beyond support for Taiwan, the legislation includes a section to protect Taiwanese citizens from discrimination in employment decisions at international financial organizations. Furthermore, the bill establishes a Pacific Deterrence Initiative,
which is intended to increase the military capabilities and readiness of the United States in the Indo-Pacific region, while also working to assure allies and partners of the American defense posture.
Understanding the Veto Process
The NDAA serves as the primary vehicle for setting Pentagon budget priorities. Because the House passed the bill with at least two-thirds of the vote, it has technically achieved a “veto-proof” majority. In the U.S. legislative process, if a president strikes down a bill, it returns to both the House and the Senate. To become law despite a presidential veto, the legislation must receive two-thirds support in both chambers. Historically, vetoes are not frequently overridden due to this high threshold. As the bill heads to the Senate, its trajectory remains subject to both the upcoming Senate vote and the president’s final decision on whether to follow through on his veto threat.
