Updated December 6, 2021
Defense Primer: The NDAA Process
The National Defense Authorization Act (NDAA) provides
The NDAA Timeline
authorization of appropriations for the Department of
The NDAA process begins on or about the first Monday in
Defense (DOD), nuclear weapons programs of the
February of each year, with the submission of the
Department of Energy, and other defense-related activities.
President’s budget request to Congress. The Administration
In addition to serving as an authorization of appropriations,
often submits policy proposals (i.e., requests for legislation)
the NDAA establishes defense policies and restrictions, and
to the committees of jurisdiction in conjunction with the
addresses organizational administrative matters related to
budget request.
the DOD. Unlike an appropriations bill, the NDAA does
not provide budget authority for government activities.
The authorizing committees begin their work on the NDAA
Nevertheless, historically it has provided a fairly reliable
in parallel with one another. Both committees conduct a
indicator of congressional sentiment on subsequent
series of hearings on the budget request and related matters,
appropriations for particular programs.
which typically lead to the drafting and markup of separate
bills in the House and the Senate.
FY2021 was the 60th consecutive fiscal year for which a
defense authorization was enacted. (As of the date of this
Hearings
publication, Congress has not passed an FY2022 NDAA.)
Upon receipt of the President’s budget request, the HASC
This regular enactment of legislation for six decades
and the SASC begin a series of posture hearings in which
depends upon adherence to process and consistency in
the senior civilian and military leadership of the DOD, the
procedures, schedules, and protocols.
military services, and certain defense agencies are invited to
Committees of Jurisdiction
testify before the committees on the budget request. The
subcommittees also conduct related hearings, with a focus
The House Committee on Armed Services (also known as
on issues specific to that subcommittee’s jurisdiction. For
the House Armed Services Committee, or HASC) and the
example, the SASC may hold a hearing with the Secretary
Senate Committee on Armed Services (also known as the
and Chief of Staff of the Army on that year’s budget
Senate Armed Services Committee, or SASC) have
request for the Army, and the Airland Subcommittee might
jurisdiction over all bills, resolutions, and other matters
follow with a hearing specifically looking at the Army’s
relating to the common defense under the Rules of the
ground vehicle procurement programs.
House and Senate. Referred to as the authorizers or the
authorizing committees, the HASC and the SASC each has
Markup
subcommittees that are assigned jurisdictional
In a typical year, the committees will have reviewed the
responsibilities by the full committee. In the 117th
President’s budget request and associated policy proposals
Congress, the HASC established seven subcommittees:
and prepared authorizing legislation for markup in
committee by late April or May. These meetings are called
Tactical Air and Land Forces;
markups, because committee members mark up the
Military Personnel;
legislation by considering, debating, and voting on
Readiness;
amendments to the authorizing bill.
Seapower and Projection Forces;
Subcommittee Markup
Strategic Forces;
In current practice, both the HASC and the SASC begin the
Intelligence and Special Operations; and
markup process in subcommittee, with each of the
subcommittees considering the subcommittee Chairman’s
Cyber, Innovative Technologies, and Information
Mark , which is a draft legislative proposal with funding
Systems.
recommendations for matters in the bill under that
The SASC established seven subcommittees:
subcommittee’s jurisdiction. At completion of markup, each
subcommittee votes to report the proposal, as amended, to
Airland;
the full committee.
Cybersecurity;
Emerging Threats and Capabilities;
Ful Committee Markup
Once the subcommittees have all finalized their markups,
Personnel;
the full committee convenes to consider, debate, and vote
Readiness and Management Support;
on amendments to each of the subcommittee marks. During
Seapower; and
full committee markup, the full committee Chairman’s
Strategic Forces.
Mark , which contains legislation and funding
recommendations for matters that are not assigned to a
specific subcommittee, is also considered, debated, and
voted on. The full committee Chairman’s Mark addresses a
variety of cross-cutting issues such as general defense
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Defense Primer: The NDAA Process
policy, matters related to the organization and management
received and considers amendments to it (including the
of the DOD, acquisition and industrial base policy, and
proposal reported by SASC).
matters related to foreign nations and overseas contingency
Conference
operations.
The Constitution requires that the House and Senate
Common HASC Committee Practices
approve the same bill in precisely the same form before it is
presented to the President. To this end, each chamber must
The FY2021 NDAA (P.L. 116-283) included 1,482 pages
pass its own version of the same measure and then attempt
of bill text and discretionary authorizations totaling $731.6
to reach agreement with the other chamber about its
billion. To shepherd a bill of this magnitude through the
provisions. An agreement may be reached by the exchange
legislative process, the HASC has adopted several common
of alternatives between the chambers. Alternatively, the
practices in drafting and marking up the NDAA.
House and Senate can each agree to create a conference
committee to propose a package settlement of the
For example, in 2021, prior to committee consideration of
competing proposals.
the legislation, the committee promulgated guidance for
House Members to submit Community Project Funding
A conference committee is traditionally used to resolve
requests for inclusion in the bill. During markup, the
differences between the chambers on the NDAA. Conferees
committee typically also requires that committee members
are House and Senate members, drawn mainly from the
provide, before offering any amendment that involves the
HASC and SASC, who are expected to resolve
jurisdiction of other House committees, a letter from the
disagreements between the House and Senate positions and
respective committee chairman indicating a waiver of the
provide an agreement in the form of a conference report.
right of referral. This requirement is also imposed on
Conferees may also be appointed from other committees
legislation in the underlying mark. Doing so avoids
with jurisdiction over components of the bill; each chamber
potential delays that could result from a sequential referral
may limit the provisions on which its conferees may
of the bill to other committees. In addition, the committee’s
negotiate. The conference committee will typically begin its
markup practice has often required that amendments that
work as soon as possible following passage of a proposal in
would increase spending for one item identify suitable
each chamber. Completion of the conference report is not
offsets.
on a specified timeline, but many of the authorities
provided by the NDAA expire at the end of the fiscal year.
Common SASC Committee Practices
Therefore, considerable effort is put toward completing the
Under Senate rules, committees and their subcommittees
NDAA conference prior to October 1 of each year.
may vote to hold closed meetings for specific reasons (e.g.,
to avoid disclosing certain national security information). In
Once reported by the conference committee, a conference
recent practice, the SASC full committee markups (and
report is subject to debate during floor consideration, but is
most subcommittee markups) have been conducted in
not amendable. (In the Senate, reaching a vote on the
closed session. In addition, the SASC proposal is typically
conference report may require three-fifths of the Senate to
reported to the Senate as an original bill (i.e., its text has not
invoke cloture.) If the House and Senate each agree to the
been previously formally introduced).
conference report, the NDAA is enrolled for presentation to
the President.
Floor Consideration
Once reported favorably out of committee, the NDAA may
CRS Products
be scheduled for floor consideration. In the House, current
CRS In Focus IF10516, Defense Primer: Navigating the NDAA
practice is to consider the bill under the provisions of a
CRS In Focus IF10514, Defense Primer: Defense Appropriations
special rule that structures the conditions of debate and
Process
possible floor amendments to the bill. In recent years, the
CRS Report R42843, Introduction to the Legislative Process in the
rule has sometimes made in order (i.e., allowed to be
offered) hundreds of amendments (many of which are
U.S. Congress
offered and agreed to en bloc). After being considered,
CRS Report R46497, Authorizations and the Appropriations
debated, and amended in the House, the House-passed
Process
version of the NDAA is sent to the Senate and typically
CRS Infographic IG10005, From Bil to Law: Stages of the
either referred to SASC or placed on the Senate calendar.
Legislative Process
In the Senate, after SASC has reported its proposal, any
floor debate and amendment consideration is typically
structured pursuant to multiple unanimous consent
Note: For questions on the legislative process,
agreements. In recent practice, the Senate has sometimes
congressional clients may contact Valerie Heitshusen; for
considered more than 100 floor amendments. However, one
questions on the NDAA, congressional clients may contact
or more cloture processes (by which three-fifths of the
Brendan W. McGarry. Acknowledgment: This primer was
Senate, typically 60 Senators, votes to limit consideration)
originally coauthored by Lynn M. Williams, former CRS
may be necessary to reach a final vote on certain
Specialist in Defense Readiness and Infrastructure.
amendments, and on the bill itself.
If the Senate passes its own bill first, it is sent to the House;
Valerie Heitshusen, Specialist on Congress and the
often, instead, the Senate takes up the House bill it has
Legislative Process
Brendan W. McGarry, Analyst in US Defense Budget
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Defense Primer: The NDAA Process
IF10515
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