Updated January 15, 2021
Defense Primer: Navigating the NDAA
The annual National Defense Authorization Act (NDAA)
Funding Tables
has a legacy of regular passage. FY2021 marked the 60th
Division D provides funding tables that specify dollar
consecutive year for which an annual defense authorization
amounts authorized to be appropriated. The tables are
was enacted. Many defense policymakers and officials see
organized by appropriation account and correspond to the
the bill as a reliable legislative vehicle for a range of policy
associated legislative provisions. Funding provided for
matters.
Overseas Contingency Operations (OCO) is also specified
in Division D, with each OCO table following the table that
In recent years, the NDAA has included more than 1,000
provides authorization of appropriations for regular, or
pages of policy provisions and annual authorizations of
base, budget requirements.
appropriations in excess of $700 billion. Unlike an
appropriations bill, the NDAA does not provide budget
What’s in a Committee Report?
authority for the Department of Defense (DOD). Instead,
In addition to providing the legislative text and funding
the NDAA establishes or continues defense programs,
tables that comprise the NDAA, the House Committee on
policies, projects, or activities at DOD and other federal
Armed Services (HASC) and the Senate Committee on
agencies, and provides guidance on how the appropriated
Armed Services (SASC) each typically produce a
funds are to be used in carrying out those authorized
committee report to accompany its version of the bill. The
activities. This primer provides an overview of the structure
reports provide rationale for the committee bill, explain
and organization of the NDAA.
committee actions, and provide further guidance and
directives to government agencies. The committee may also
Organization of the NDAA
prepare a classified annex to the report. Unlike the bill text,
The NDAA establishes policy and authorizes appropriations
committee reports are not considered or amended during
for the DOD, nuclear weapons programs of the Department
floor proceedings.
of Energy, DOD elements of the Intelligence Community,
and defense-related activities at other federal agencies. The
In practice, the HASC and SASC reports mirror the
NDAA has generally been consistent in form and
organization of the bills, providing a section-by-section
organization over time. Typically, there is a House
description of the bill text (by division, title, subtitle, and
legislative vehicle (e.g., H.R. 6395) as well as a separate
section). They also include the results of committee roll call
Senate vehicle (e.g., S. 4049), though sometimes the Senate
votes, additional views of members of the committee, items
committee alternative is proposed as an amendment to the
of special interest (ISIs), cost estimates, and other relevant
House bill. The bills typically include four divisions related
information, such as a comparison to current law.
to defense authorizations:
Section-by-Section Summaries
Division A. Department of Defense Authorizations;
The HASC and SASC reports each provide summaries of
what each section of the proposed bill would do. Such
Division B. Military Construction Authorizations;
summaries may provide additional context for the provision
and may also express committee concerns or rationale
Division C. Department of Energy National Security
behind inclusion of the provision.
Authorizations and Other Authorizations; and
Items of Special Interest
Division D. Funding Tables.
There are generally two types of items of special interest:
(1) ISIs that are directive; and (2) Those that are not
Partly because the NDAA is consistently enacted, the bill is
directive. Directive ISIs, often referred to as directive report
frequently used as a vehicle for unrelated legislation
language, direct an individual (such as a senior DOD
(sometimes attached as other divisions).
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 Research, Development, Test, and
Nondirective ISIs are statements of the committee’s views,
Evaluation (RDT&E); Title III Operation and Maintenance
concerns, opinions, or rationale for acting. For example, a
(O&M); Title IV Military Personnel Authorizations, and so
nondirective ISI may explain why the committee
forth. Individual legislative provisions are assigned section
recommends an increase in funding for a particular project,
numbers according to title and subtitle. A detailed table of
or may note the committee’s support for (or concern over)
contents (organized by division, title, subtitle, and section
actions taken by the DOD or military services.
number) provides a complete list of items in the bill.
https://crsreports.congress.gov
Defense Primer: Navigating the NDAA
Cost Estimates
What Are the Different Versions of the
House and Senate rules require that a report on a measure
Bill?
that provides new budget authority must contain a statement
As the NDAA bills move through the legislative process,
from the Congressional Budget Office (CBO) projecting the
various versions of each bill may be available. In a typical
cost of the bill for the first fiscal year affected and the four
legislative cycle, the NDAA may exist in several forms,
subsequent fiscal years.
including the following:
Committee Roll Call Votes
Introduced Version. Typically contains only the
In accordance with House and Senate rules, HASC and
legislative proposals requested by the Administration. In
SASC reports include an accounting of most roll call votes
the House, it is assigned a bill number and referred to
taken during consideration of the bill in committee. These
the HASC for consideration. In the Senate, the
voting records are generally found in the back of the
President’s proposal is often introduced and referred to
reports.
SASC but is not the vehicle the committee acts on.
Additional or Dissenting Views
Reported Version (in the House). Includes the HASC
Also in accordance with House and Senate rules, committee
proposal, incorporating the amendments agreed to in the
reports accompanying the NDAA include any additional or
committee markup.
dissenting views submitted by a member of the committee
in accordance with the time specified in the rules.
Engrossed Version (in the House or Senate). Reflects
changes made via amendments during floor
Communications from Other Committees
consideration in the respective chamber.
The HASC report also typically includes a record of
correspondence from other House committees that state any
Placed on the Calendar in the Senate. (1) For the
willingness to forgo a sequential referral of the reported
House bill, its engrossed version, including all technical
NDAA, notwithstanding any matters contained therein that
and conforming changes; (2) For the Senate bill, the
fall outside of HASC’s jurisdiction.
SASC-reported original bill (with text reflecting
amendments agreed to in markup).
What’s in a Conference Report?
The House and Senate commonly establish a conference
Engrossed Amendment Senate. If the Senate has taken
committee—typically comprised of members of the HASC
up and considered the House bill, this is the proposed
and SASC—to resolve differences between the chambers’
alternative reflecting changes made during floor
positions on the NDAA and provide the compromise
consideration, including the text of the alternative
agreement in the form of a conference report. The
proposed by SASC.
conference report contains the legislative language the
conference committee proposes that the two houses
Enrolled Bill. Final official copy of the bill passed by
approve.
both the House and the Senate in identical form and sent
to the President for signature.
Included with the conference report is a Joint Explanatory
Statement (JES)—sometimes referred to as the statement of
Public Law. The enacted version of the bill.
managers—that explains the various elements of the
conferees’ agreement.
CRS Products
The conference report is generally organized in the same
CRS In Focus IF10515, Defense Primer: The NDAA Process
manner as each House and Senate proposal—by division,
CRS In Focus IF10514, Defense Primer: Defense Appropriations
title, subtitle, and section. However, as a result of
Process
conference negotiations, provisions from the House and
CRS Report 98-169, House Committee Reports: Required
Senate, sections may be renumbered or moved from one
Contents
title to another. The JES reflects both the original section
number assigned to the provision(s) upon passage in the
CRS Report 98-305, Senate Committee Reports: Required
House or Senate, along with the section number assigned to
Contents
any provision included in the conference agreement.
CRS Report 98-382, Conference Reports and Joint Explanatory
Statements
If the conference agreement does not include a provision
that was carried by the House or the Senate, the JES will
Note: For questions on the NDAA, contact Brendan W.
note that outcome in a section titled, “Legislative
McGarry. For questions on the legislative process, contact
Provisions Not Adopted.”
Valerie Heitshusen. Acknowledgement: This primer was
originally co-authored by Lynn M. Williams, former CRS
In practice, the JES for the NDAA also includes a detailed
Specialist in Defense Readiness and Infrastructure.
set of tables. Unlike the tables provided in the legislative
text, which depict the requested amount and the conference-
Brendan W. McGarry, Analyst in US Defense Budget
authorized amount, the JES tables also provide the House-
Valerie Heitshusen, Specialist on Congress and the
and Senate-recommended amounts.
Legislative Process
https://crsreports.congress.gov
Defense Primer: Navigating the NDAA
IF10516
Disclaimer
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