• Joshua Duvall

President Vetoes 2021 NDAA, Congress Set to Override

Today, President Trump vetoed the 2021 National Defense Authorization Act ("NDAA"), which, among other things, contained a number of important provisions for small businesses (some of which we discussed below). Notably, however, Congress passed the NDAA with overwhelming support, so it appears that it has the votes to override.


In his Veto Message to the House of Representatives, the President provided the following reasons for the veto:


  • The Act fails to include critical national security measures, includes provisions that fail to respect our veterans and our military’s history, and contradicts efforts by my Administration to put America first in our national security and foreign policy actions.

  • The Act fails even to make any meaningful changes to Section 230 of the Communications Decency Act, despite bipartisan calls for repealing that provision. Section 230 facilitates the spread of foreign disinformation online, which is a serious threat to our national security and election integrity.

  • The Act includes language that would require the renaming of certain military installations.

  • The Act also restricts the President’s ability to preserve our Nation’s security by arbitrarily limiting the amount of military construction funds that can be used to respond to a national emergency.


As mentioned above, President Trump's veto will likely not kill the bill. If Congress obtains a two-thirds (2/3) vote in each chamber before noon on January 3, 2021 (when the new Congress is sworn in), the NDAA will become law. This appears to be the case, as Congress passed the NDAA with overwhelming support – Senate, 84-13 vote and House, 355-78 vote.


Various news reports indicate that the House is planning to hold its override vote on Monday and the Senate will likely hold its override vote day later, though the timing could change if there are any procedural snags.


GovConJudicata's 2021 NDAA Articles:



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#govcon #ndaa #smallbusiness


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