Updated December 6, 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. Historically, funding
matters.
designated for Overseas Contingency Operations (OCO)
was also specified in Division D, with each OCO table
The FY2021 NDAA (P.L. 116-283) included 1,482 pages
following the table that provides authorization of
of policy provisions and discretionary authorizations
appropriations for regular, or base, budget requirements.
totaling $731.6 billion. Unlike an appropriations bill, the
NDAA does not provide budget authority for the
What’s in a Committee Report?
Department of Defense (DOD). Instead, the NDAA
In addition to providing the legislative text and funding
establishes or continues defense programs, policies,
tables that comprise the NDAA, the House Committee on
projects, or activities at DOD and other federal agencies,
Armed Services (also known as the House Armed Services
and provides guidance on how the appropriated funds are to
Committee, or HASC) and the Senate Committee on Armed
be used in carrying out those authorized activities. This
Services (also known as the Senate Armed Services
primer provides an overview of the structure and
Committee, or SASC) each typically produce a committee
organization of the NDAA.
report to accompany its version of the bill. The reports
provide rationale for the committee bill, explain committee
Organization of the NDAA
actions, and provide further guidance and directives to
The NDAA establishes policy and authorizes appropriations
government agencies. The committee may also prepare a
for the DOD, nuclear weapons programs of the Department
classified annex to the report. Unlike the bill text,
of Energy, and other defense-related activities. Typically,
committee reports are not considered or amended during
there is a House legislative vehicle (e.g., H.R. 4350, 117th
floor proceedings.
Congress) as well as a separate Senate vehicle (e.g., S.
2792, 117th Congress); the Senate committee alternative is
In practice, the HASC and SASC reports mirror the
often proposed as an amendment to the House bill (or vice
organization of the bills, providing a section-by-section
versa). The bills typically include four divisions related to
description of the bill text (by division, title, subtitle, and
defense authorizations:
section). They also include the results of committee roll call
votes, additional views of members of the committee, items
Division A. Department of Defense Authorizations;
of special interest (ISIs), cost estimates, and other relevant
information, such as a comparison to current law.
Division B. Military Construction Authorizations;
Section-by-Section Summaries
Division C. Department of Energy National Security
The HASC and SASC reports each provide summaries of
Authorizations and Other Authorizations; and
what each section of the proposed bill would do. Such
summaries may provide additional context for the provision
Division D. Funding Tables.
and may also express committee concerns or rationale
behind inclusion of the provision.
Partly because the NDAA is consistently enacted, the bill is
frequently used as a vehicle for legislation under the
Items of Special Interest
jurisdiction of committees other than the House and Senate
There are generally two types of items of special interest:
Committees on Armed Services (sometimes attached as
(1) ISIs that are directive; and (2) Those that are not
other divisions).
directive. Directive ISIs, often referred to as directive
report language, direct an individual (such as a senior DOD
Legislative Provisions
official) to take a specified action by a date certain.
Divisions A, B, and C are organized by title, subtitle, and
Although directive report language is not legally binding,
section. For example, in Division A, Title I covers
agency officials generally regard it as a congressional
Procurement; Title II Research, Development, Test, and
mandate and respond accordingly.
Evaluation (RDT&E); Title III Operation and Maintenance
(O&M); Title IV Military Personnel Authorizations, and so
Nondirective ISIs are statements of the committee’s views,
forth. Individual legislative provisions are assigned section
concerns, opinions, or rationale for acting. For example, a
numbers according to title and subtitle. A detailed table of
nondirective ISI may explain why the committee
contents (organized by division, title, subtitle, and section
recommends an increase in funding for a particular project,
number) provides a complete list of items in the bill.
https://crsreports.congress.gov
Defense Primer: Navigating the NDAA
or may note the committee’s support for (or concern over)
authorized amount, the JES tables also provide the House-
actions taken by the DOD or military services.
and Senate-recommended amounts.
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 that outcome in a section titled, “Legislative
Note: For questions on the NDAA, contact Brendan W.
Provisions Not Adopted.”
McGarry. For questions on the legislative process, contact
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
https://crsreports.congress.gov
Defense Primer: Navigating the NDAA
IF10516
Valerie Heitshusen, Specialist on Congress and the
Legislative Process
Disclaimer
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