Updated February 16, 2021
Defense Primer: The NDAA Process
The National Defense Authorization Act (NDAA) provides
President’s budget request to Congress. The Administration
authorization of appropriations for the Department of
often submits policy proposals (requests for legislation) to
Defense (DOD), nuclear weapons programs of the
the committees of jurisdiction in conjunction with the
Department of Energy, DOD elements of the Intelligence
budget request.
Community, and defense-related activities at other federal
The authorizing committees begin their work on the NDAA
agencies. In addition to serving as an authorization of
in parallel. Both committees conduct a series of hearings on
appropriations, the NDAA establishes defense policies and
the budget request and related matters, which typically lead
restrictions, and addresses organizational administrative
to the drafting and markup of separate bills in the House
matters related to the DOD. Unlike an appropriations bill,
and the Senate.
the NDAA does not provide budget authority for
government activities. Nevertheless, historically it has
Hearings
provided a fairly reliable indicator of congressional
Upon receipt of the President’s budget request, the HASC
sentiment on subsequent appropriations for particular
and the SASC begin a series of posture hearings in which
programs.
the senior civilian and military leadership of the DOD, the
military services, and certain defense agencies are invited to
FY2021 was the 60th consecutive fiscal year for which a
testify before the committees on the budget request. The
defense authorization was enacted. This regular enactment
subcommittees also conduct related hearings, with a focus
of complex legislation for six decades depends upon close
on issues specific to that subcommittee’s jurisdiction. For
adherence to process and consistency in procedures,
example, the SASC may hold a hearing with the Secretary
schedules, and protocols.
and Chief of Staff of the Army on that year’s budget
Committees of Jurisdiction
request for the Army, and the Airland Subcommittee might
The House Committee on Armed Services (HASC) and the
follow with a hearing specifically looking at the Army’s
Senate Committee on Armed Services (SASC) are provided
ground vehicle procurement programs.
jurisdiction over all bills, resolutions, and other matters
Markup
relating to the common defense under the Rules of the
In a typical year, the committees will have reviewed the
House and Senate. Referred to as the authorizers or the
President’s budget request and associated policy proposals
authorizing committees, the HASC and SASC each has
and prepared authorizing legislation for markup in
subcommittees that are assigned jurisdictional
committee by late April or May. These meetings are called
responsibilities by the full committee. In the 117th
markups, because committee members mark up the
Congress, the HASC established seven subcommittees:
legislation by considering, debating, and voting on
Tactical Air and Land Forces;
amendments to the authorizing bill.
Military Personnel;
Subcommittee Markup
Readiness;
In current practice, both the HASC and the SASC begin the
Seapower and Projection Forces;
markup process in subcommittee, with each of the
subcommittees considering the subcommittee Chairman’s
Strategic Forces;
Mark, which is a draft legislative proposal with funding
Intelligence and Special Operations; and
recommendations for matters in the bill under that
Cyber, Innovative Technologies, and Information
subcommittee’s jurisdiction. At completion of markup, each
Systems.
subcommittee votes to report the proposal, as amended, to
the full committee.
The SASC established seven subcommittees:
Airland;
Full Committee Markup
Once the subcommittees have all finalized their markups,
Cybersecurity;
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
recommendations for matters that are not assigned to a
Seapower; and
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
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Defense Primer: The NDAA Process
matters related to foreign nations and Overseas
If the Senate passes its own bill first, it is sent to the House;
Contingency Operations (OCO).
often, instead, the Senate takes up the House bill it has
received and considers amendments to it (including the
Common HASC Committee Practices
proposal reported by SASC).
The most recent NDAA includes more than 1,400 pages of
Conference
legislation and authorization of more than $730 billion. To
The Constitution requires that the House and Senate
shepherd a bill of this magnitude successfully through the
approve the same bill in precisely the same form before it is
legislative process, the HASC has adopted several common
presented to the President. To this end, each house must
practices in drafting and marking up the NDAA.
pass its own version of the same measure and then attempt
Practice at HASC markup typically has not allowed for the
to reach agreement with the other house about its
consideration of certain amendments. For example:
provisions. An agreement may be reached by the exchange
of alternatives between the chambers. Alternatively, the
Earmarks. House rules currently prevent consideration
House and Senate can each agree to create a conference
of a bill reported by a committee unless the report
committee to propose a package settlement of the
includes a list of congressional earmarks or a statement
competing proposals.
that there are none. Committee practice does not permit
Members to offer during markup any amendment
A conference committee is traditionally used to resolve
containing an earmark.
differences between the houses on the NDAA. Conferees
are House and Senate members, drawn mainly from the
Sequential referral. The committee typically also
HASC and SASC, who are expected to resolve
requires members of the committee to provide, before
disagreements between the House and Senate positions and
offering any amendment that involves the jurisdiction of
provide an agreement in the form of a conference report.
other House committees, a letter from the respective
Conferees may also be appointed from other committees
committee chairman indicating a waiver of the right of
with jurisdiction over components of the bill; the chamber
referral. This requirement is also imposed on legislation
may limit the provisions on which these conferees may
in the underlying mark. Doing so avoids potential delay
negotiate. The conference committee will typically begin its
that could result from a sequential referral of the bill to
work as soon as possible following passage of a proposal in
other committees.
each chamber. Completion of the conference report is not
Offsets. The committee’s typical past practice also has
on a specified timeline, but many of the authorities
required that amendments that would increase spending
provided by the NDAA expire at the end of the fiscal year.
for one item should identify suitable offsets.
Therefore, considerable effort is put toward completing the
NDAA conference prior to October 1 of each year.
Common SASC Committee Practices
Once reported by the conference committee, a conference
Under Senate rules, committees and their subcommittees
report is subject to debate during floor consideration, but is
may vote to hold closed meetings for specific reasons (e.g.,
not amendable. (In the Senate, reaching a vote on the
to avoid disclosing certain national security information). In
conference report may require three-fifths of the Senate to
recent practice, the SASC full committee markups (and
invoke cloture.) If the House and Senate each agree to the
most subcommittee markups) typically have been
conference report, the NDAA is enrolled for presentation to
conducted in closed session. In addition, the SASC proposal
the President.
is typically reported to the Senate as an original bill (that is,
its text has not been previously formally introduced).
CRS Products
Floor Consideration
CRS In Focus IF10516, Defense Primer: Navigating the NDAA
Once reported favorably out of committee, the NDAA may
CRS In Focus IF10514, Defense Primer: Defense Appropriations
be scheduled for floor consideration. In the House, current
Process
practice is to consider the bill under the provisions of a
CRS Report R42843, Introduction to the Legislative Process in the
special rule that structures the conditions of debate and
U.S. Congress
possible floor amendments to the bill. In recent years, the
rule has sometimes made hundreds of amendments in order
CRS Infographic IG10005, From Bill to Law: Stages of the
(many of which are offered and agreed to en bloc). After
Legislative Process
being considered, debated, and amended in the House, the
House-passed version of the NDAA is sent to the Senate
and typically either referred to SASC or placed on the
Note: For questions on the legislative process,
Senate calendar.
congressional clients may contact Valerie Heitshusen; for
In the Senate, after SASC has reported its proposal, any
questions on the NDAA, congressional clients may contact
floor debate and amendment consideration is typically
Brendan W. McGarry. Acknowledgment: This primer was
originally coauthored by Lynn M. Williams, former CRS
structured pursuant to multiple unanimous consent
agreements. In recent practice, the Senate has sometimes
Specialist in Defense Readiness and Infrastructure.
considered over 100 floor amendments. However, one or
more cloture processes (by which three-fifths of the Senate,
Valerie Heitshusen, Specialist on Congress and the
typically 60 Senators, votes to limit consideration) may be
Legislative Process
necessary to reach a final vote on certain amendments, and
Brendan W. McGarry, Analyst in US Defense Budget
on the bill itself.
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Defense Primer: The NDAA Process
IF10515
Disclaimer
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