Updated November 16, 2018
Defense Primer: Navigating the NDAA
The annual National Defense Authorization Act (NDAA)
Overseas Contingency Operations (OCO) is also specified
has a legacy of regular passage. FY2019 marked the 58th
in Division D, with each OCO table following the table that
consecutive year for which an annual defense authorization
provides authorization of appropriations for base budget
was enacted. Many defense policymakers and officials see
requirements.
the bill as a reliable legislative vehicle for a range of policy
matters.
What’s in a Committee Report?
In addition to providing the legislative text and funding
The NDAA routinely exceeds several hundred pages. It is
tables that comprise the NDAA, the House Committee on
comprised of policy provisions and annual authorizations of
Armed Services (HASC) and the Senate Committee on
appropriations recently in excess of $700 billion. Unlike an
Armed Services (SASC) each typically produce a
appropriations bill, the NDAA does not provide budget
committee report to accompany its version of the bill. The
authority for the Department of Defense (DOD). Instead,
reports provide rationale for the committee bill, explain
the NDAA establishes or continues defense programs,
committee actions, and provide further guidance and
policies, projects, or activities at DOD and other federal
directives to government agencies. The committee may also
agencies, and provides guidance on how the appropriated
prepare a classified annex to the report. Unlike the bill text,
funds are to be used in carrying out those authorized
committee reports are not considered or amended during
activities. This primer provides an overview of the structure
floor proceedings.
and organization of the NDAA.
In practice, the HASC and SASC reports mirror the
Organization of the NDAA
organization of the bills, providing a section-by-section
The NDAA establishes policy and authorizes appropriations
description of the bill text (by division, title, subtitle, and
for the DOD, nuclear weapons programs of the Department
section). They also include the results of committee roll call
of Energy, DOD elements of the Intelligence Community,
votes, additional views of members of the committee, items
and defense-related activities at other federal agencies. The
of special interest (ISIs), cost estimates, and other relevant
NDAA has generally been consistent in form and
information, such as a comparison to current law.
organization over time. Typically, there is a House
legislative vehicle (e.g., H.R. 5515) as well as a separate
Section-by-Section Summaries
Senate vehicle (e.g., S. 2987), though sometimes the Senate
The HASC and SASC reports each provide summaries of
committee alternative is proposed as an amendment to the
what each section of the proposed bill would do. Such
House bill. The bills are typically broken down into four
summaries may provide additional context for the provision
divisions.
and may also express committee concerns or rationale
behind inclusion of the provision.
Division A. Department of Defense Authorizations.
Items of Special Interest
Division B. Military Construction Authorizations.
There are generally two types of items of special interest:
Division C. Department of Energy National Security
(1) ISIs that are directive; and (2) Those that are not
Authorizations and Other Authorizations.
directive. Directive ISIs, often referred to as directive report
language, direct an individual (such as a senior DOD
Division D. Funding Tables.
official) to take a specified action by a date certain.
Although directive report language is not legally binding,
Legislative Provisions
agency officials generally regard it as a congressional
Divisions A, B, and C are organized by title, subtitle, and
mandate and respond accordingly.
section. For example, in Division A, Title I covers
Procurement; Title II covers Research, Development, Test,
Nondirective ISIs are statements of the committee’s views,
and Evaluation (RDT&E); Title III covers Operation and
concerns, opinions, or rationale for acting. For example, a
Maintenance (O&M); and so forth. Individual legislative
nondirective ISI may explain why the committee
provisions are assigned section numbers according to title
recommends an increase in funding for a particular project,
and subtitle. A detailed table of contents (organized by
or may note the committee’s support for (or concern over)
division, title, subtitle, and section number) provides a
actions taken by the DOD or military services.
complete list of items in the bill.
Cost Estimates
Funding Tables
House and Senate rules require that a report on a measure
Division D provides funding tables that specify dollar
that provides new budget authority must contain a statement
amounts authorized to be appropriated. The tables are
from the Congressional Budget Office (CBO) projecting the
organized by appropriation account and correspond to the
cost of the bill for the first fiscal year affected and the four
associated legislative provisions. Funding provided for
subsequent fiscal years.
https://crsreports.congress.gov
Defense Primer: Navigating the NDAA
Committee Roll Call Votes
legislative cycle, the NDAA may exist in several forms,
In accordance with House and Senate rules, HASC and
including the following:
SASC reports include an accounting of most roll call votes
taken during consideration of the bill in committee. These
Introduced Version. Typically contains only the
voting records are generally found at the back of the
legislative proposals requested by the Administration. In the
reports.
House, it is assigned a bill number and referred to the
HASC for consideration. In the Senate, the President’s
Additional or Dissenting Views
proposal is often introduced and referred to SASC but is not
Also in accordance with House and Senate rules, committee
the vehicle the committee acts on.
reports accompanying the NDAA include any additional or
Reported Version (in the House). Includes the HASC
dissenting views submitted by a member of the committee
proposal, incorporating the amendments agreed to in the
in accordance with the time specified in the rules.
committee markup.
Communications from Other Committees
Engrossed Version (in the House or Senate).
The HASC report also typically includes a record of
Reflects changes made via amendments during floor
correspondence from other House committees that state any
consideration in the respective chamber.
willingness to forgo a sequential referral of the reported
Placed on the Calendar in the Senate. (1) For the
NDAA, notwithstanding any matters contained therein that
fall outside of HASC’
House bill, its engrossed version, including all technical and
s jurisdiction.
conforming changes; (2) For the Senate bill, the SASC-
What’s in a Conference Report?
reported original bill (with text reflecting amendments
The House and Senate commonly establish a conference
agreed to in markup).
committee—typically comprised of members of the HASC
Engrossed Amendment Senate. If the Senate has
and SASC—to resolve differences between the chambers’
taken up and considered the House bill, this is the proposed
positions on the NDAA and provide the compromise
alternative reflecting changes made during floor
agreement in the form of a conference report. The
consideration, including the text of the alternative proposed
conference report contains the legislative language the
by SASC.
conference committee proposes that the two houses
approve.
Enrolled Bill. Final official copy of the bill passed by
both the House and the Senate in identical form and sent to
Included with the conference report is a Joint Explanatory
the President for signature.
Statement (JES)—sometimes referred to as the statement of
managers—that explains the various elements of the
Public Law. The enacted version of the bill.
conferees’ agreement.
CRS Products
The conference report is generally organized in the same
CRS In Focus IF10515, Defense Primer: The NDAA Process, by
manner as each House and Senate proposal—by division,
Valerie Heitshusen and Brendan W. McGarry
title, subtitle, and section. However, as a result of
conference negotiations, provisions from the House and
CRS In Focus IF10514, Defense Primer: Defense Appropriations
Senate, sections may be renumbered or moved from one
Process
title to another. The JES reflects both the original section
CRS Report 98-169, House Committee Reports: Required
number assigned to the provision(s) upon passage in the
Contents, by Judy Schneider
House or Senate, along with the section number assigned to
CRS Report 98-305, Senate Committee Reports: Required
any provision included in the conference agreement.
Contents, by Elizabeth Rybicki
If the conference agreement does not include a provision
CRS Report 98-382, Conference Reports and Joint Explanatory
that was carried by the House or the Senate, the JES will
Statements, by Christopher M. Davis
note that outcome in a section titled, “Legislative
Provisions Not Adopted.”
Note: For questions on legislative process, contact Valerie
Heitshusen; for questions on NDAA, contact Brendan W.
In practice, the JES for the NDAA also includes a detailed
McGarry. Acknowledgement: This primer was originally
set of tables. Unlike the tables provided in the legislative
co-authored by Lynn M. Williams, former CRS Specialist
text, which depict the requested amount and the conference-
in Defense Readiness and Infrastructure.
authorized amount, the JES tables also provide the House-
and Senate-recommended amounts.
Brendan W. McGarry, Analyst in US Defense Budget
What Are the Different Versions of the
Valerie Heitshusen, Specialist on Congress and the
Bill?
Legislative Process
As the NDAA bills move through the legislative process,
IF10516
various versions of each bill may be available. In a typical
https://crsreports.congress.gov
Defense Primer: Navigating the NDAA
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.
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