The next 120 days until the end of this Second Session of the 116th Congress will decide many NDAA and DoD funding issues now finalized in the House (HR635) and Senate (S.4049) versions of the Authorization bills, and the yet to be finalized DoD Appropriations legislation (only the House passed HR7617). Waiting for the “Big 4” Conference Committee and influencing leadership and Conference Committee appointed Members in the House and Senate is, of course, always an option. Reviewing the last six years of NDAA and DoD Appropriations bills signage into law confirms the overwhelming number of them (5 out of 6) signed into Public Law (PL) at the end of the calendar year and certainly not at the beginning of a Fiscal Year (Oct.1). This trend will be the same for FY2021 NDAA and DOD funding.
Within the next 120 days, there are numerous options to engage, aside from the endgame of Conference Committees between the House and Senate for both the NDAA and DoD Appropriations legislation. Key among these options is to target decision-makers in the Congressional process. This usually includes Chairs and Ranking Minority Members of Committees and Subcommittees, as well as Members in both the Senate and House who will be returning to the 117th Congress in January.
It is also important to keep an eye on the 2020 national elections for November 3rd and the key national defense committees and leadership. Influencers always review potential new Congressional leaders, either Democrats or Republicans, depending on who takes control. Key races with candidates or incumbents who have military related backgrounds are also essential to monitor. Additional options in the limited Congressional time the next 120 days to watch include the following:
Depending on critical events, conflicts, or disasters, Congress will consider supplemental funding bills to the current Fiscal Year allocations. A supplemental bill provides an additional opportunity for influence. As recent as the last seven months, Congress has allocated TRILLIONS of dollars (and policy objectives) in a series of 3 FY2020 supplemental appropriations “stimulus” bills. This is usually done at the “discretion” of higher officials within agencies. DoD is included in these bills, and significant funds have been allocated (including in the Defense Production Act areas).
DoD has regularly sought to inform and request Congress (Armed Services Committees and Appropriations Committees) to approve on reprogramming of Fiscal Year funding and requests for specific program changes. These reprogramming requests have time deadlines and provide an additional option within a Fiscal Year process for influence;
Inclusion of DoD related policy and authorizing objectives in different Congressional bills unrelated to NDAA or the appropriation process. A good example in recent Congressional actions is the inclusion of amendments to Title 10 (impacting DLA/DoD implementation of a 1033 Law Enforcement Surplus Property prohibitions) provisions in a Police Reform bill (HR7120) not part of the NDAA. Attaching legislation and funding can appear in unrelated military bills;
In addition, the decisions on NDAA and DoD appropriations during this 120-day process almost always involve multiple bills in the funding cycle called “CR’s” (Continuing Resolutions) which fund the DoD. The funding is usually at the same rate for programs as the past FY that has expired. In this case it would be FY2020 levels, after September 30th, if no resolution of the FY21 process is completed. This is done from one date to another until the final bills are approved along with “Omnibus” bills, which include many funding bills wrapped together in a large “package”. Last year, this was done with DoD appropriations “linked” with Labor, HHS, and Education funding legislation.
However, these efforts are at the end of the process and do not consider early presentation and intervention options of influence. For example, a client once asked how decisions are made in the formulation of NDAA and DoD Appropriations bills? The following are critical aspects to answer this inquiry:
Most funding or policy objectives should start within the DoD structure, services, and leadership with integrated presentations at the OMB/ White House, and related Federal agencies if applicable (such as the US State Department). The DoD and NDAA process should begin two years before budget execution.
Influencers in these early stages of options know the process of a POM (Program Objective Memorandum) and how to secure inclusion of a goal in a POM21(FY21), for example. This is also the early timeframe to create funding objectives for PE (Program Elements) line item systems and programs, all within the DoD community.
The goal in these early stages is to secure support for inclusion of one’s policy, program, or line-item within the President’s Budget (PB) NDAA/DoD appropriations submitted to Congress at the start of the Fiscal Year process. This is usually done after the State of the Union in February of each year.
Commensurate with Pentagon or Service outreach, is a mandatory same track presentation and requests to three levels of Congressional targets. These would be,
-House and Senate Members: Setting up meetings directly or virtual/face-to-face with the elected official, with staff included at the member’s discretion. A follow-up with legislative assistants within the area of responsibility, as well as the Chiefs of Staff is also necessary.
-Leaders and Professional staffs on the House and Senate Armed Services Committee and DoD Appropriations Subcommittees (House and Senate): Meetings with key individuals relating to the area of jurisdiction, either at the full Committee or Subcommittee levels. Knowing the right staff to approach, with the right message, at the right time is critical to success.
-The impacted third-party: Whether this be a corporate or individual constituent, or a domestic or foreign client, it is important to understand how they are impacted by the proposal. This allows you to present to Congress the “why’s” and “how” a positive outcome will be found if support is generated.
The visitations and presentations to DoD elements have three levels of priorities for influencers on their particular program/policy or funding request. All of these are important in the process;
The present Fiscal Year policy or funding impact: For FY2020, this would be how the funds or program have been progressing up through September 30th. Is there any opportunity to provide extra funding or support within their program? Can the policy or project be supported within their present structure?
The next Fiscal Year now being decided by Congress and the President, for FY2021 (which begins on October 1st): This would be the final stages of the FY21 NDAA and FY 2021 DoD Appropriations legislation. Actions to impact the final results of these bills, both from a Pentagon and Congressional viewpoint, are key.
The future Fiscal Year: Discussions are also underway for final decisions within the Pentagon and the White House relating to Fiscal Year 2022, which will be reviewed by OMB and the White House in November, December, and readied for the President’s final FY2022 submission to Congress in January.
For those seeking options for influence, looking ahead and planning, as well as implementing requests, is the key to success. “Waiting” is never the option. The McKeon Group is ready. Are you?