Updated January 29, 2020
Defense Primer: Navigating the NDAA
The annual National Defense Authorization Act (NDAA)
organized by appropriation account and correspond to the
has a legacy of regular passage. FY2020 marked the 59th
associated legislative provisions. Funding provided for
consecutive year for which an annual defense authorization
Overseas Contingency Operations (OCO) is also specified
was enacted. Many defense policymakers and officials see
in Division D, with each OCO table following the table that
the bill as a reliable legislative vehicle for a range of policy
provides authorization of appropriations for regular, or
matters.
base, budget requirements.
In recent years, the NDAA has included several hundred
What’s in a Committee Report?
pages of policy provisions and annual authorizations of
In addition to providing the legislative text and funding
appropriations in excess of $700 billion. Unlike an
tables that comprise the NDAA, the House Committee on
appropriations bill, the NDAA does not provide budget
Armed Services (HASC) and the Senate Committee on
authority for the Department of Defense (DOD). Instead,
Armed Services (SASC) each typically produce a
the NDAA establishes or continues defense programs,
committee report to accompany its version of the bill. The
policies, projects, or activities at DOD and other federal
reports provide rationale for the committee bill, explain
agencies, and provides guidance on how the appropriated
committee actions, and provide further guidance and
funds are to be used in carrying out those authorized
directives to government agencies. The committee may also
activities. This primer provides an overview of the structure
prepare a classified annex to the report. Unlike the bill text,
and organization of the NDAA.
committee reports are not considered or amended during
floor proceedings.
Organization of the NDAA
The NDAA establishes policy and authorizes appropriations
In practice, the HASC and SASC reports mirror the
for the DOD, nuclear weapons programs of the Department
organization of the bills, providing a section-by-section
of Energy, DOD elements of the Intelligence Community,
description of the bill text (by division, title, subtitle, and
and defense-related activities at other federal agencies. The
section). They also include the results of committee roll call
NDAA has generally been consistent in form and
votes, additional views of members of the committee, items
organization over time. Typically, there is a House
of special interest (ISIs), cost estimates, and other relevant
legislative vehicle (e.g., H.R. 2500) as well as a separate
information, such as a comparison to current law.
Senate vehicle (e.g., S. 1790), though sometimes the Senate
committee alternative is proposed as an amendment to the
Section-by-Section Summaries
House bill. The bills are typically broken down into four
The HASC and SASC reports each provide summaries of
divisions.
what each section of the proposed bill would do. Such
summaries may provide additional context for the provision
Division A. Department of Defense Authorizations.
and may also express committee concerns or rationale
behind inclusion of the provision.
Division B. Military Construction Authorizations.
Items of Special Interest
Division C. Department of Energy National Security
There are generally two types of items of special interest:
Authorizations and Other Authorizations.
(1) ISIs that are directive; and (2) Those that are not
directive. Directive ISIs, often referred to as directive report
Division D. Funding Tables.
language, direct an individual (such as a senior DOD
official) to take a specified action by a date certain.
Legislative Provisions
Although directive report language is not legally binding,
Divisions A, B, and C are organized by title, subtitle, and
agency officials generally regard it as a congressional
section. For example, in Division A, Title I covers
mandate and respond accordingly.
Procurement; Title II Research, Development, Test, and
Evaluation (RDT&E); Title III Operation and Maintenance
Nondirective ISIs are statements of the committee’s views,
(O&M); Title IV Military Personnel Authorizations, and so
concerns, opinions, or rationale for acting. For example, a
forth. Individual legislative provisions are assigned section
nondirective ISI may explain why the committee
numbers according to title and subtitle. A detailed table of
recommends an increase in funding for a particular project,
contents (organized by division, title, subtitle, and section
or may note the committee’s support for (or concern over)
number) provides a complete list of items in the bill.
actions taken by the DOD or military services.
Funding Tables
Cost Estimates
Division D provides funding tables that specify dollar
House and Senate rules require that a report on a measure
amounts authorized to be appropriated. The tables are
that provides new budget authority must contain a statement
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Defense Primer: Navigating the NDAA
from the Congressional Budget Office (CBO) projecting the
What Are the Different Versions of the
cost of the bill for the first fiscal year affected and the four
Bill?
subsequent fiscal years.
As the NDAA bills move through the legislative process,
various versions of each bill may be available. In a typical
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 in the back of the
legislative proposals requested by the Administration. In
reports.
the House, it is assigned a bill number and referred to
the HASC for consideration. In the Senate, the
Additional or Dissenting Views
President’s proposal is often introduced and referred to
Also in accordance with House and Senate rules, committee
SASC but is not the vehicle the committee acts on.
reports accompanying the NDAA include any additional or
dissenting views submitted by a member of the committee
Reported Version (in the House). Includes the HASC
in accordance with the time specified in the rules.
proposal, incorporating the amendments agreed to in the
committee markup.
Communications from Other Committees
The HASC report also typically includes a record of
Engrossed Version (in the House or Senate). Reflects
correspondence from other House committees that state any
changes made via amendments during floor
willingness to forgo a sequential referral of the reported
consideration in the respective chamber.
NDAA, notwithstanding any matters contained therein that
fall outside of HASC’s jurisdiction.
Placed on the Calendar in the Senate. (1) For the
House bill, its engrossed version, including all technical
What’s in a Conference Report?
and conforming changes; (2) For the Senate bill, the
The House and Senate commonly establish a conference
SASC-reported original bill (with text reflecting
committee—typically comprised of members of the HASC
amendments agreed to in markup).
and SASC—to resolve differences between the chambers’
positions on the NDAA and provide the compromise
Engrossed Amendment Senate. If the Senate has taken
agreement in the form of a conference report. The
up and considered the House bill, this is the proposed
conference report contains the legislative language the
alternative reflecting changes made during floor
conference committee proposes that the two houses
consideration, including the text of the alternative
approve.
proposed by SASC.
Included with the conference report is a Joint Explanatory
Enrolled Bill. Final official copy of the bill passed by
Statement (JES)—sometimes referred to as the statement of
both the House and the Senate in identical form and sent
managers—that explains the various elements of the
to the President for signature.
conferees’ agreement.
Public Law. The enacted version of the bill.
The conference report is generally organized in the same
manner as each House and Senate proposal—by division,
CRS Products
title, subtitle, and section. However, as a result of
conference negotiations, provisions from the House and
CRS In Focus IF10515, Defense Primer: The NDAA Process
Senate, sections may be renumbered or moved from one
CRS In Focus IF10514, Defense Primer: Defense Appropriations
title to another. The JES reflects both the original section
Process
number assigned to the provision(s) upon passage in the
CRS Report 98-169, House Committee Reports: Required
House or Senate, along with the section number assigned to
Contents
any provision included in the conference agreement.
CRS Report 98-305, Senate Committee Reports: Required
If the conference agreement does not include a provision
Contents
that was carried by the House or the Senate, the JES will
CRS Report 98-382, Conference Reports and Joint Explanatory
note that outcome in a section titled, “Legislative
Statements
Provisions Not Adopted.”
In practice, the JES for the NDAA also includes a detailed
set of tables. Unlike the tables provided in the legislative
Note: For questions on the NDAA, contact Brendan W.
text, which depict the requested amount and the conference-
McGarry. For questions on the legislative process, contact
authorized amount, the JES tables also provide the House-
Valerie Heitshusen. Acknowledgement: This primer was
and Senate-recommended amounts.
originally co-authored by Lynn M. Williams, former CRS
Specialist in Defense Readiness and Infrastructure.
Brendan W. McGarry, Analyst in US Defense Budget
https://crsreports.congress.gov
Defense Primer: Navigating the NDAA
IF10516
Valerie Heitshusen, Specialist on Congress and the
Legislative Process
Disclaimer
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