HITCHING A RIDE ON THE NATIONAL DEFENSE AUTHORIZATION ACT

The National Defense Authorization Act has been passed by Congress for each of the last 56 years. This “must-pass” piece of legislation provides a unique opportunity for members of Congress to offer provisions - some unrelated to defense - to the defense authorization as an amendment in order to get them passed into law. Since the 1950s there has been a steady decrease in the number of bills passed by Congress caused by a steady increase in partisanship and many other contributing factors. It is now more difficult for members of Congress to pass legislation. Non-germane amendments to the defense authorization often have a long legislative history and their addition to the NDAA is a last-resort effort to get the bill enacted. The NDAA is a good candidate for non-germane amendments since it is seen as a must-pass bill that encourages bipartisan coalitions and as few filibusters as possible. As paths for legislation to become law get fewer and fewer, the NDAA will remain an important outlet for those seeking to make or change laws