Updated November 23, 2022
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 (i.e., requests for legislation)
Defense (DOD), nuclear weapons programs of the
to the committees of jurisdiction in conjunction with the
Department of Energy, and other defense-related activities.
budget request.
In addition to serving as an authorization of appropriations,
The authorizing committees begin their work on the NDAA
the NDAA establishes defense policies and restrictions, and
in parallel with one another. Both committees conduct a
addresses organizational administrative matters related to
series of hearings on the budget request and related matters,
the DOD. Unlike an appropriations bill, the NDAA does
which typically lead to the drafting and markup of separate
not provide budget authority for government activities.
bills in the House and the Senate.
Nevertheless, historically it has provided a fairly reliable
indicator of congressional sentiment on subsequent
Hearings
appropriations for particular programs.
Upon receipt of the President’s budget request, the HASC
and the SASC begin a series of posture hearings in which
FY2022 was the 61st consecutive fiscal year for which a
the senior civilian and military leadership of the DOD, the
defense authorization was enacted. This regular enactment
military services, and certain defense agencies are invited to
of legislation for six decades depends upon adherence to
testify before the committees on the budget request. The
process and consistency in procedures, schedules, and
subcommittees also conduct related hearings, with a focus
protocols.
on issues specific to that subcommittee’s jurisdiction. For
Committees of Jurisdiction
example, the SASC may hold a hearing with the Secretary
The House Committee on Armed Services (also known as
and Chief of Staff of the Army on that year’s budget
the House Armed Services Committee, or HASC) and the
request for the Army, and the Airland Subcommittee might
Senate Committee on Armed Services (also known as the
follow with a hearing specifically looking at the Army’s
Senate Armed Services Committee, or SASC) have
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 the 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 also considered, debated, and
Strategic Forces.
voted 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 contingency
Conference
operations.
The Constitution requires that the House and Senate
approve the same bill in precisely the same form before it is
Common HASC Committee Practices
presented to the President. To this end, each chamber must
The FY2022 NDAA (P.L. 117-81) included 910 pages of
pass its own version of the same measure and then attempt
bill text and discretionary authorizations totaling $768.2
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
A conference committee is traditionally used to resolve
House Members to submit Community Project Funding
differences between the chambers on the NDAA. Conferees
requests for inclusion in the bill. During markup, the
are House and Senate members, drawn mainly from the
committee typically also requires that committee members
HASC and SASC, who are expected to resolve
provide, before offering any amendment that involves the
disagreements between the House and Senate positions and
jurisdiction of other House committees, a letter from the
provide an agreement in the form of a conference report.
respective committee chairman indicating a waiver of the
Conferees may also be appointed from other committees
right of referral. This requirement is also imposed on
with jurisdiction over components of the bill; each chamber
legislation in the underlying mark. Doing so avoids
may limit the provisions on which its conferees may
potential delays that could result from a sequential referral
negotiate. The conference committee will typically begin its
of the bill to other committees. In addition, the committee’s
work as soon as possible following passage of a proposal in
markup practice has often required that amendments that
each chamber. Completion of the conference report is not
would increase spending for one item identify suitable
on a specified timeline, but many of the authorities
offsets.
provided by the NDAA expire at the end of the fiscal year.
Common SASC Committee Practices
Therefore, considerable effort is put toward completing the
NDAA conference prior to October 1 of each year.
Under Senate rules, committees and their subcommittees
may vote to hold closed meetings for specific reasons (e.g.,
Once reported by the conference committee, a conference
to avoid disclosing certain national security information).
report is subject to debate during floor consideration, but is
The SASC full committee markups (and most
not amendable. (In the Senate, reaching a vote on the
subcommittee markups) are generally conducted in closed
conference report may require three-fifths of the Senate to
session. In addition, the SASC proposal is typically
invoke cloture.) If the House and Senate each agree to the
reported to the Senate as an original bill (i.e., its text has not
conference report, the NDAA is enrolled for presentation to
been previously formally introduced).
the President.
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
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. The rule has
CRS Report R42843, Introduction to the Legislative Process in the
sometimes made in order (i.e., allowed to be offered)
U.S. Congress
hundreds of amendments (many of which are offered and
CRS Report R46497, Authorizations and the Appropriations
agreed to en bloc). After being considered, debated, and
Process
amended in the House, the House-passed version of the
CRS Infographic IG10005, From Bill to Law: Stages of the
NDAA is sent to the Senate and typically either referred to
Legislative Process
SASC or placed on the Senate calendar.
In the Senate, after SASC has reported its proposal, any
floor debate and amendment consideration is typically
Note: For questions on the legislative process,
structured pursuant to multiple unanimous consent
congressional clients may contact Valerie Heitshusen; for
agreements. The Senate has sometimes considered more
questions on the NDAA, congressional clients may contact
than 100 floor amendments. However, one or more cloture
Brendan W. McGarry. Acknowledgment: This primer was
processes (by which three-fifths of the Senate, typically 60
originally coauthored by Lynn M. Williams, former CRS
Senators, votes to limit consideration) may be necessary to
Specialist in Defense Readiness and Infrastructure.
reach a final vote on certain amendments, and on the bill
itself.
If the Senate passes its own bill first, it is sent to the House;
Valerie Heitshusen, Acting Section Research Manager
often, instead, the Senate takes up the House bill it has
Brendan W. McGarry, Analyst in U.S. Defense Budget
received and considers amendments to it (including the
IF10515
proposal reported by SASC).
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Defense Primer: The NDAA Process
Disclaimer
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