Updated January 6, 2021
Defense Primer: The NDAA Process
The National Defense Authorization Act (NDAA) provides
the committees of jurisdiction in conjunction with the
authorization of appropriations for the Department of
budget request.
Defense (DOD), nuclear weapons programs of the
The authorizing committees begin their work on the NDAA
Department of Energy, DOD elements of the Intelligence
in parallel. Both committees conduct a series of hearings on
Community, and defense-related activities at other federal
the budget request and related matters, which typically lead
agencies. In addition to serving as an authorization of
to the drafting and markup of separate bills in the House
appropriations, the NDAA establishes defense policies and
and the Senate.
restrictions, and addresses organizational administrative
matters related to the DOD. Unlike an appropriations bill,
Hearings
the NDAA does not provide budget authority for
Upon receipt of the President’s budget request, the HASC
government activities. Nevertheless, historically it has
and the SASC begin a series of posture hearings in which
provided a fairly reliable indicator of congressional
the senior civilian and military leadership of the DOD, the
sentiment on subsequent appropriations for particular
military services, and certain defense agencies are invited to
programs.
testify before the committees on the budget request. The
subcommittees also conduct related hearings, with a focus
FY2021 was the 60th consecutive fiscal year for which a
on issues specific to that subcommittee’s jurisdiction. For
defense authorization was enacted. This regular enactment
example, the SASC may hold a hearing with the Secretary
of complex legislation for six decades depends upon close
and Chief of Staff of the Army on that year’s budget
adherence to process and consistency in procedures,
request for the Army, and the Airland Subcommittee might
schedules, and protocols.
follow with a hearing specifically looking at the Army’s
Committees of Jurisdiction
ground vehicle procurement programs.
The House Committee on Armed Services (HASC) and the
Markup
Senate Committee on Armed Services (SASC) are provided
In a typical year, the committees will have reviewed the
jurisdiction over all bills, resolutions, and other matters
President’s budget request and associated policy proposals
relating to the common defense under the Rules of the
and prepared authorizing legislation for markup in
House and Senate. Referred to as the authorizers or the
committee by late April or May. These meetings are called
authorizing committees, the HASC and SASC each has
markups, because committee members mark up the
subcommittees that are assigned jurisdictional
legislation by considering, debating, and voting on
responsibilities by the full committee. In the 116th
amendments to the authorizing bill.
Congress, the HASC established six subcommittees:
Subcommittee Markup
Tactical Air and Land Forces;
In current practice, both the HASC and the SASC begin the
Military Personnel;
markup process in subcommittee, with each of the
Readiness;
subcommittees considering the subcommittee Chairman’s
Seapower and Projection Forces;
Mark, which is a draft legislative proposal with funding
recommendations for matters in the bill under that
Strategic Forces; and
subcommittee’s jurisdiction. At completion of markup, each
Intelligence and Emerging Threats and Capabilities.
subcommittee votes to report the proposal, as amended, to
The SASC established seven subcommittees:
the full committee.
Airland;
Full Committee Markup
Cybersecurity;
Once the subcommittees have all finalized their markups,
the full committee convenes to consider, debate, and vote
Emerging Threats and Capabilities;
on amendments to each of the subcommittee marks. During
Personnel;
full committee markup, the full committee Chairman’s
Readiness and Management Support;
Mark, which contains legislation and funding
Seapower; and
recommendations for matters that are not assigned to a
specific subcommittee, is considered, debated, and voted
Strategic Forces.
on. The full committee Chairman’s Mark addresses a
The NDAA Timeline
variety of cross-cutting issues such as general defense
policy, matters related to the organization and management
The NDAA process begins on or about the first Monday in
of the DOD, acquisition and industrial base policy, and
February of each year, with the submission of the
President’s budget
matters related to foreign nations and Overseas
request to Congress. The Administration
Contingency Operations (OCO).
often submits policy proposals (requests for legislation) to
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Defense Primer: The NDAA Process
Common HASC Committee Practices
received and considers amendments to it (including the
The most recent NDAA includes more than 1,400 pages of
proposal reported by SASC).
legislation and authorization of more than $730 billion. To
Conference
shepherd a bill of this magnitude successfully through the
The Constitution requires that the House and Senate
legislative process, the HASC has adopted several common
approve the same bill in precisely the same form before it is
practices in drafting and marking up the NDAA.
presented to the President. To this end, each house must
Practice at HASC markup typically has not allowed for the
pass its own version of the same measure and then attempt
consideration of certain amendments. For example:
to reach agreement with the other house about its
provisions. An agreement may be reached by the exchange
Earmarks. House rules currently prevent consideration
of alternatives between the chambers. Alternatively, the
of a bill reported by a committee unless the report
House and Senate can each agree to create a conference
includes a list of congressional earmarks or a statement
committee to propose a package settlement of the
that there are none. Committee practice does not permit
competing proposals.
Members to offer during markup any amendment
containing an earmark.
A conference committee is traditionally used to resolve
differences between the houses on the NDAA. Conferees
Sequential referral. The committee typically also
are House and Senate members, drawn mainly from the
requires members of the committee to provide, before
HASC and SASC, who are expected to resolve
offering any amendment that involves the jurisdiction of
disagreements between the House and Senate positions and
other House committees, a letter from the respective
provide an agreement in the form of a conference report.
committee chairman indicating a waiver of the right of
Conferees may also be appointed from other committees
referral. This requirement is also imposed on legislation
with jurisdiction over components of the bill; the chamber
in the underlying mark. Doing so avoids potential delay
may limit the provisions on which these conferees may
that could result from a sequential referral of the bill to
negotiate. The conference committee will typically begin its
other committees.
work as soon as possible following passage of a proposal in
Offsets. The committee’s typical past practice also has
each chamber. Completion of the conference report is not
required that amendments that would increase spending
on a specified timeline, but many of the authorities
for one item should identify suitable offsets.
provided by the NDAA expire at the end of the fiscal year.
Therefore, considerable effort is put toward completing the
Common SASC Committee Practices
NDAA conference prior to October 1 of each year.
Under Senate rules, committees and their subcommittees
Once reported by the conference committee, a conference
may vote to hold closed meetings for specific reasons (e.g.,
report is subject to debate during floor consideration, but is
to avoid disclosing certain national security information). In
not amendable. (In the Senate, reaching a vote on the
recent practice, the SASC full committee markups (and
conference report may require three-fifths of the Senate to
most subcommittee markups) typically have been
invoke cloture.) If the House and Senate each agree to the
conducted in closed session. In addition, the SASC proposal
conference report, the NDAA is enrolled for presentation to
is typically reported to the Senate as an original bill (that is,
the President.
its text has not been previously formally introduced).
Floor Consideration
CRS Products
Once reported favorably out of committee, the NDAA may
CRS In Focus IF10516, Defense Primer: Navigating the NDAA
be scheduled for floor consideration. In the House, current
CRS In Focus IF10514, Defense Primer: Defense Appropriations
practice is to consider the bill under the provisions of a
Process
special rule that structures the conditions of debate and
CRS Report R42843, Introduction to the Legislative Process in the
possible floor amendments to the bill. In recent years, the
U.S. Congress
rule has sometimes made hundreds of amendments in order
(many of which are offered and agreed to en bloc). After
CRS Infographic IG10005, From Bill to Law: Stages of the
being considered, debated, and amended in the House, the
Legislative Process
House-passed version of the NDAA is sent to the Senate
and typically either referred to SASC or placed on the
Senate calendar.
Note: For questions on the legislative process,
In the Senate, after SASC has reported its proposal, any
congressional clients may contact Valerie Heitshusen; for
floor debate and amendment consideration is typically
questions on the NDAA, congressional clients may contact
Brendan W. McGarry. Acknowledgment: This primer was
structured pursuant to multiple unanimous consent
agreements. In recent practice, the Senate has sometimes
originally coauthored by Lynn M. Williams, former CRS
considered over 100 floor amendments. However, one or
Specialist in Defense Readiness and Infrastructure.
more cloture processes (by which three-fifths of the Senate,
typically 60 Senators, votes to limit consideration) may be
Valerie Heitshusen, Specialist on Congress and the
necessary to reach a final vote on certain amendments, and
Legislative Process
on the bill itself.
Brendan W. McGarry, Analyst in US Defense Budget
If the Senate passes its own bill first, it is sent to the House;
often, instead, the Senate takes up the House bill it has
IF10515
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Defense Primer: The NDAA Process
Disclaimer
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