FY2023 National Defense Authorization Act:
December 7, 2023
Overview of Funding Authorizations
Brendan W. McGarry
The National Defense Authorization Act (NDAA) is policy legislation typically introduced and
Specialist in U.S. Defense
reported each year by the House and Senate Committees on Armed Services (also known as the
Budget
House Armed Services Committee, or HASC, and the Senate Armed Services Committee, or

SASC). The act primarily sets policy and authorizes appropriations for activities of the U.S.
Department of Defense (DOD) and national security programs of the U.S. Department of Energy

(DOE). Fiscal Year (FY) 2023 marked the 62nd consecutive year for which Congress enacted an
annual defense authorization.
On March 28, 2022, President Joseph R. Biden submitted to Congress a budget request for FY2023 that included $827.0
billion for national defense-related activities, including discretionary and mandatory programs. Of that amount, $802.4 billion
fell within the scope of the National Defense Authorization Act for Fiscal Year 2023 (FY2023 NDAA; H.R. 7900; S. 4543;
H.R. 7776; P.L. 117-263), with $772.5 billion for DOD activities, $29.5 billion for DOE activities, and $0.4 billion for other
defense-related activities. The requested amount within the scope of the FY2023 NDAA was $34.2 billion (4.4%) more than
the FY2022 authorized amount.
On July 14, 2022, the House passed a version of the NDAA (H.R. 7900) that would have authorized $839.3 billion—$37
billion (4.6%) more than the President’s request. On July 18, 2022, the SASC reported a version of the bill (S. 4543) that
would have authorized $846.9 billion—$44.5 billion (5.6%) more than the President’s request. On December 23, 2022,
President Biden signed into law the FY2023 NDAA, which authorized $847.3 billion—$45.0 billion (5.6%) more than the
request.
The FY2023 NDAA authorized more funding than the President requested for most DOD appropriation titles, with $18.9
billion more—the largest increase of any title, in terms of dollar amount—for procurement programs (e.g., Navy ships and
aircraft, Air Force aircraft; Army missiles and tracked vehicles, among other programs). Among the programs for which
Congress authorized additional funding were DDG-51 Arleigh Burke-class destroyer, Patriot air and missile defense system,
and F-35 fighter aircraft. The legislation authorized $1.9 billion less funding than requested for military personnel (e.g., pay
and allowances), driven in part by Army recruiting shortfalls. The legislation supported a 4.6% military pay raise, in line with
the formula in law.
Following Russia’s renewed invasion of Ukraine in February 2022, the FY2023 NDAA authorized funding for activities in
support of the European Deterrence Initiative (EDI), including $800 million for the Ukraine Security Assistance Initiative,
through which DOD provides lethal equipment and other support to the Ukrainian military and security forces. The
legislation also authorized $11.5 billion for activities in support of the Pacific Deterrence Initiative (PDI), an effort intended
to strengthen U.S. defense posture in the Indo-Pacific region, primarily west of the International Date Line.
Among the issues debated by one or both chambers during consideration of the bill but not included in the enacted version
were provisions that would have repealed military abortion restrictions.
This report compares authorizations for major defense appropriations titles, programs, and policy matters in the Biden
Administration’s FY2023 budget request, House-passed and SASC-reported versions of the FY2023 NDAA, and enacted
legislation. This report also provides references to other CRS reports that provide in-depth analysis and contextual
information on certain defense and foreign policy issues.
Congressional Research Service

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Introduction
The National Defense Authorization Act (NDAA) is a defense policy bill, typically introduced
and reported each year by the House and Senate Committees on Armed Services (also known as
the House Armed Services Committee, or HASC, and the Senate Armed Services Committee, or
SASC). Unlike an appropriations act, the NDAA generally does not provide funding (i.e., budget
authority).1 Rather, the legislation sets policy and authorizes appropriations for the U.S.
Department of Defense (DOD), nuclear weapons and reactor programs of the U.S. Department of
Energy (DOE), and certain other defense-related activities.
The NDAA is a vehicle through which Congress fulfills its responsibility as mandated in Article I,
Section 8, of the U.S. Constitution. This section of the Constitution provides Congress the
authority to “provide for the common Defence,” “raise and support Armies,” “provide and
maintain a Navy,” and “make Rules for the ... Regulation of the land and naval Forces,” among
other powers.2
As a policy bill, the legislation establishes or continues defense programs, projects, or activities,
and provides guidance on how appropriated funds are to be used in carrying out those efforts.
While the NDAA does not provide budget authority, historically it has provided an indicator of
congressional intent on funding for particular programs. The bill authorizes funding for DOD
activities at the same level of detail at which budget authority is provided by the corresponding
defense appropriations and military construction appropriations acts. Despite a statutory
requirement for annual authorization of appropriations for defense programs,3 the U.S.
Government Accountability Office (GAO) has concluded that Congress is free to deviate from
authorized amounts in subsequent appropriations.4 According to GAO, “If Congress appropriates
money to the Defense Department in violation of 10 U.S.C. §114, there are no practical
consequences. The appropriation is just as valid, and just as available for obligation, as if section
114 had been satisfied or did not exist.”5 As defense authorization and appropriations legislation
can differ on a line-item level, an authorization of appropriations in the NDAA may be considered
a funding indicator rather than a ceiling.6
The NDAA has a history of regular enactment; FY2023 marked the 62nd consecutive year for
which Congress enacted an annual defense authorization.7 Because of this history of regular
enactment, the bill sometimes serves as a vehicle for legislation originating in committees other
than HASC or SASC. This report focuses on defense-related matters and authorizations of
appropriations in the FY2023 NDAA (i.e., Division A through Division D of P.L. 117-263). For

1 Budget authority is authority provided by law to a federal agency to obligate money for goods and services. For more
information, see U.S. Government Accountability Office (GAO), A Glossary of Terms Used in the Federal Budget
Process, September 2005, p. 20, at https://www.gao.gov/assets/gao-05-734sp.pdf.
2 Congress.gov, Constitution Annotated: Analysis and Interpretation of the U.S. Constitution, Article 1, Section 8,
“Overview of Congress’s Enumerated Powers,” at https://constitution.congress.gov/browse/essay/artI-S8-
1/ALDE_00000259/.
3 10 U.S.C. §114.
4 GAO, Principles of Appropriations Law [“The Red Book”], Chapter 2, “The Legal Framework,” Fourth Edition, 2016
Revision (GAO-16-464SP), p. 2-56, at https://www.gao.gov/assets/2019-11/675709.pdf.
5 Ibid.
6 For more information on the federal budget process, see CRS Report R46240, Introduction to the Federal Budget
Process. For more information on the differences between authorizations and appropriations, see CRS Report R46497,
Authorizations and the Appropriations Process.
7 For more information, see CRS Report 98-756, Defense Authorization and Appropriations Bills: FY1961-FY2021.
Congressional Research Service

1

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

more background information on the NDAA, see CRS In Focus IF10515, Defense Primer: The
NDAA Process and CRS In Focus IF10516, Defense Primer: Navigating the NDAA. For historical
information on defense authorizations, see CRS Report 98-756, Defense Authorization and
Appropriations Bills: FY1961-FY2021.
For more information on non-Department of Defense matters in the legislation (Division E),
including Veterans Affairs matters, see CRS Report R47423, Department of Veterans Affairs
FY2023 Appropriations.8 For more information on the Intelligence Authorization Act for Fiscal
Year 2023 (Division F), see CRS Report R44381, Intelligence Community Spending Trends. For
more information on Homeland Security matters (Division G), see CRS Report R47584,
Department of Homeland Security Appropriations: FY2023 Provisions. For more information on
Water Resources matters (Division H), see CRS Insight IN11965, Water Resources Development
Act of 2022 (WRDA 2022). For more information on Department of State Authorizations
(Division I), see CRS In Focus IF10293, Foreign Relations Reauthorization: Background and
Issues. For more information on oceans and atmosphere-related matters (Division J), see CRS In
Focus IF12156, National Oceanic and Atmospheric Administration (NOAA) FY2023 Budget
Request and Appropriations. For more information on selected provisions of the Don Young
Coast Guard Authorization Act of 2022 (Division K), see CRS In Focus IF12088, Legislation
Partially Addresses Fatal “Duck Boat” Accidents.
Bill Overview
This section of the report provides an overview of legislative activity on the FY2023 NDAA,
including certain congressional actions with respect to the House-passed, SASC-reported, and
enacted versions of the bill.
Summary of Discretionary Authorizations
The majority (97%) of funding requested in the national defense budget function (050) for
FY2023 fell within the scope of the NDAA.9 The legislation authorizes discretionary funding for
programs in the DOD-military (051) and atomic energy defense activities (053) subfunctions; and
certain programs in the defense-related activities (054) subfunction (e.g., the U.S. Department of
Transportation Maritime Administration Maritime Security Program and Tanker Security
Program).10

8 Division E included eight titles covering a range of policy topics, including: Veterans Affairs Matters (Title LI),
Inspector General Independence and Empowerment Matters (Title LII), Oversight and Reform Matters (Title LIII), 21st
Century Assistive Technology Act (Title LIV), Foreign Affairs Matters (Title LV), Transportation and Infrastructure
(Title LVI), Financial Services Matters (Title LVII), and Financial Data Transparency (Title LVIII). To reach a CRS
expert for any of these topics, please contact the author.
9 White House Office of Management and Budget (OMB), Fiscal Year 2023, Budget of the U.S. Government website,
Analytical Perspectives, Table 25-1. Budget Authority and Outlays by Function, Category, and Program, at
https://www.govinfo.gov/content/pkg/BUDGET-2023-PER/pdf/BUDGET-2023-PER-8-5-1.pdf; and explanatory
statement accompanying P.L. 117-263 in U.S. Congress, House Committee on Armed Services, James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023, Legislative Text and Joint Explanatory Statement to
Accompany H.R. 7776, P.L. 117-263, Book 2 of 2, committee print, 118th Congress, 1st sess., January 2023, 50-665, pp.
2172-2173 (hereafter the FY2023 NDAA explanatory statement).
10 The SASC-reported version of the NDAA typically does not authorize appropriations for the Department of
Transportation Maritime Administration Maritime Security Program and Tanker Security Program; however, the
HASC-reported version and the enacted version of the NDAA typically do.
Congressional Research Service

2

link to page 7 link to page 11 link to page 8 FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Of the $813.4 billion in discretionary funding requested in the FY2023 President’s budget for
programs, projects, and activities within the national defense budget function,11 $802.4 billion fell
within the scope of the FY2023 NDAA.12 During deliberation of the FY2023 NDAA, Congress
considered whether to authorize between $37.0 billion (4.6%) and $44.9 billion (5.6%) more than
the President requested.13 The enacted version of the legislation authorized $45.0 billion (5.6%)
more than the request.14 See Table 1 and Figure 1.
Table 1. Summary of Funding Authorizations in FY2023 NDAA
(in billions of dollars of discretionary budget authority)
Title
FY2022
FY2023
House-passed
SASC-
FY2023
NDAA (P.L.
Requesta
(H.R. 7900)
reported (S.
NDAA (P.L.
117-81)
4543)
117-263)
Procurement
$146.88
$144.22
$160.20
$157.98
$163.15
Research and
$117.73
$130.10
$138.64
$137.75
$138.86
Development
Operation and
$255.40
$271.22
$274.27
$282.56
$278.79
Maintenance
Military
$166.90
$173.88
$174.54
$179.76
$172.02
Personnel
Defense Health
$39.72
$40.91
$44.31
$41.78
$44.36
Program and
Other DOD
Military
$13.35
$12.15
$16.47
$17.33
$19.49
Construction
and Family
Housing
Subtotal,
$739.99
$772.48
$808.43
$817.15
$816.68
Department of
Defense-
Military (051)
Subtotal,
$27.84
$29.50
$30.54
$29.71
$30.27
Atomic Energy
Defense
Programs (053)

11 OMB, Budget of the United States Government, Fiscal Year 2023, Analytical Perspectives, “Table 25-1. Budget
Authority and Outlays by Function, Category, and Program,” March 28, 2022, archived at
https://www.govinfo.gov/content/pkg/BUDGET-2023-PER/pdf/BUDGET-2023-PER-8-5-1.pdf. For more information
on the national defense budget function, see CRS In Focus IF10618, Defense Primer: The National Defense Budget
Function (050).
12 The remainder of funding requested for national defense was for discretionary programs not within the jurisdiction of
the HASC or SASC, discretionary programs not requiring additional authorization, or previously authorized mandatory
programs. For more information, see the FY2023 NDAA explanatory statement, pp. 2172-2173.
13 H.Rept. 117-397 (Part 1) to accompany H.R. 7900, pp. 405-410; S.Rept. 117-130 to accompany S. 4543, pp. 380-
383; and FY2023 NDAA explanatory statement, pp. 2168-2173. Note the $44.9 billion figure is from the SASC report,
which excludes $0.38 billion requested for defense-related activities (054).
14 Ibid.
Congressional Research Service

3

link to page 8 link to page 8 FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Title
FY2022
FY2023
House-passed
SASC-
FY2023
NDAA (P.L.
Requesta
(H.R. 7900)
reported (S.
NDAA (P.L.
117-81)
4543)
117-263)
Subtotal,
$0.38
$0.38
$0.38
n/ab
$0.38
Defense-
Related
Activities (054)
Total
$768.21
$802.36
$839.35
$846.87
$847.32
Source: Explanatory statement accompanying P.L. 117-81 in U.S. Congress, House Committee on Armed
Services, National Defense Authorization Act for Fiscal Year 2022, Legislative Text and Joint Explanatory Statement to
Accompany S. 1605, P.L. 117-81, committee print, 117th Congress, 1st sess., December 2021, 47-742, pp. 1269-
1275; H.Rept. 117-397 (Part 1) to accompany H.R. 7900, pp. 405-410; S.Rept. 117-130 to accompany S. 4543, pp.
380-383; and the explanatory statement accompanying P.L. 117-263 in U.S. Congress, House Committee on
Armed Services, James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Legislative Text and Joint
Explanatory Statement to Accompany H.R. 7776, P.L. 117-263, Book 2 of 2, committee print, 118th Congress, 1st
sess., January 2023, 50-665, pp. 2168-2173.
Note: Totals may not sum due to rounding. Dol ars rounded to nearest hundredth.
a. Amounts in this column are those in H.Rept. 117-397 (Part 1) to accompany H.R. 7900, pp. 405-410.
b. The SASC-reported version of the NDAA typically does not authorize appropriations for the Department
of Transportation Maritime Administration Maritime Security Program and Tanker Security Program;
however, the HASC-reported version and the enacted version of the NDAA typically do.
House-passed NDAA
H.R. 7900 would have authorized $839.3 billion—$37 billion (4.6%) more than requested.15 The
legislation would have authorized additional funding for each DOD appropriation title.
During the HASC markup of the legislation, Representative Jared F. Golden offered an
amendment to increase funding authorized in the bill by $37 billion.16 Representative Golden
said, “We need only look to world events in Ukraine, read reports regarding China’s plans and
actions in the South China Sea, or simply read the latest headlines about Iranian nuclear
ambitions and North Korean missile tests, as well as ongoing terrorist threats in order to see why
this funding is necessary to meet the security challenges of our time.”17 In the same speech,
Representative Golden also said inflationary pressures were hampering the military’s ability to
procure equipment, invest in emerging technologies, and pay and support personnel. The
committee agreed to the amendment, 42-17.18 Among those on the committee who voted for the
amendment was, for example, Representative Mike Rogers, then the Ranking Member of HASC,
who said the amendment would fund “critically needed priorities from our service chiefs and
combatant commanders that were left unfunded by the President’s budget.”19 Among those on the
committee who voted against the amendment was, for example, Representative Adam Smith, then
the Chair of HASC, who said, “I care as much about how the money is spent ... as I do about how
much is spent. And I think making sure that the Pentagon has some fiscal discipline and is forced

15 H.Rept. 117-397, p. 409.
16 Ibid., p. 602.
17 Representative Jared Golden, as quoted in “House Armed Services Committee Holds Markup on the National
Defense Authorization Act for Fiscal 2023, Part 1,” Congressional Quarterly, June 22, 2022, at
https://plus.cq.com/doc/congressionaltranscripts-7514934?3.
18 H.Rept. 117-397, p. 602.
19 Representative Mike Rogers, as quoted in “House Armed Services Committee Holds Markup on the National
Defense Authorization Act for Fiscal 2023, Part 1,” Congressional Quarterly, June 22, 2022, at
https://plus.cq.com/doc/congressionaltranscripts-7514934?3.
Congressional Research Service

4

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

to make tough decisions and not just always rely on another pot of money coming along is crucial
to modernization.”20
During debate of the legislation on the House floor, Representative Barbara Lee offered an
amendment that would have reduced funding authorized by H.R. 7900 to the level requested in
the President’s budget.21 Representative Lee said, “Americans are demanding that Congress
rebalance our priorities and invest in the biggest challenges which we face. This $37 billion could
be better spent ... to extend the child and earned income tax credit, improve healthcare access, and
pay for Medicare hearing benefits for seniors.”22 The House did not agree to the amendment, 151-
277.23 Representative Lee also offered an amendment that would have decreased funding
authorized in H.R. 7900 by $100 billion, excluding amounts for personnel, civilian pay and
benefits, and the Defense Health Program.24 The House did not agree to the amendment, 78-
350.25
In response to the House-passed legislation, the White House pledged to work with Congress to
set “appropriate and responsible levels” of defense and non-defense spending.26 In addition to a
“strategically sound” defense budget and strong economy, the White House described
investments in diplomacy, development, and economic statecraft as critical for responding to
national security challenges.27
SASC-reported NDAA
The SASC-reported version of the bill (S. 4543), would have authorized $846.9 billion—$44.9
billion (5.6%) more than the President’s request.28 The legislation would have authorized
additional funding for each DOD appropriation title.
The committee considered a motion to “include a provision that would raise the topline for
inflation costs and for other purposes.”29 In announcing the SASC’s completion of marking up its
version of the bill, Senator James M. Inhofe, then the Ranking Member of the committee, said, “I
am especially proud that for the second year in a row, the committee almost unanimously voted to
approve my amendment with the Chairman that would boost the defense budget.”30 Senator
Inhofe described the funding increase as “a demonstration of our commitment to our men and
women in uniform and our willingness to compete, deter, and if necessary, defeat any adversaries

20 Representative Adam Smith, as quoted in “House Armed Services Committee Holds Markup on the National
Defense Authorization Act for Fiscal 2023, Part 1,” Congressional Quarterly, June 22, 2022, at
https://plus.cq.com/doc/congressionaltranscripts-7514934?3.
21 Rep. Barbara Lee, “Amendment No 14 Offered by Ms. Lee of California,” remarks in the House, Congressional
Record, daily edition, vol. 168 (July 13, 2022), p. H6269.
22 Ibid.
23 H.Amdt. 254 to H.R. 7900.
24 Rep. Barbara Lee, “Amendment No 13 Offered by Ms. Lee of California,” remarks in the House, Congressional
Record, daily edition, vol. 168 (July 13, 2022), pp. H6267-H6268.
25 H.Amdt. 253 to H.R. 7900.
26 White House, “Statement of Administration Policy, H.R. 7900 – National Defense Authorization Act for Fiscal Year
2023,” July 12, 2022, at https://www.whitehouse.gov/wp-content/uploads/2022/07/H.R.-7900-NDAA-SAP.pdf.
27 Ibid.
28 S.Rept. 117-130, pp. 380-383.
29 Ibid., p. 556.
30 Senate Armed Services Committee (SASC), “SASC Completes Markup of Fiscal Year 2023 National Defense
Authorization Act,” press release, June 16, 2022, at https://www.armed-services.senate.gov/press-releases/sasc-
completes-markup-of-fiscal-year-2023-national-defense-authorization-act.
Congressional Research Service

5

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

who might threaten our American values and our way of life.”31 The committee adopted the
amendment, 25-1.32 Senator Elizabeth Warren opposed the amendment.33 Senator Warren has
previously said, “America’s spending priorities are completely misaligned with the threats
Americans are actually facing, the things are quite literally endangering their lives—like COVID-
19 and the climate crisis.”34
Enacted NDAA
The enacted version of the legislation authorized $847.3 billion—$45.0 billion (5.6%) more than
requested.35 The legislation authorized additional funding for most DOD appropriation titles, with
$18.9 billion more—the largest increase of any title, in terms of dollar amount—for procurement
programs (e.g., Navy ships and aircraft; Air Force aircraft; Army missiles and tracked vehicles,
among other programs).36 The legislation authorized $1.9 billion less funding than requested for
military personnel (e.g., pays and allowances), driven in part by the reduction to Army active
component authorized end-strength of 21,000 soldiers below the Biden Administration’s request,
following the service’s recruiting shortfalls in FY2022.37

31 Ibid.
32 S.Rept. 117-130, p. 556.
33 Ibid.
34 Senator Elizabeth Warren, “Warren Delivers Floor Speech in Opposition to the National Defense Authorization
Act,” November 18, 2021, at https://www.warren.senate.gov/newsroom/press-releases/warren-delivers-floor-speech-in-
opposition-to-the-national-defense-authorization-act.
35 FY2023 NDAA explanatory statement, pp. 2168-2173.
36 Ibid., p. 2169.
37 Ibid. For more information on end-strengths authorized in the legislation, see the “Military End-Strength” section
below. For news articles on the U.S. military recruiting shortfalls, see, for example, Roxana Tiron, “US Military Faces
Biggest Recruiting Hurdles in 50 Years,” Bloomberg Government, September 21, 2022, at
https://about.bgov.com/news/us-military-services-face-biggest-recruiting-hurdles-in-50-years/.
Congressional Research Service

6

link to page 12

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Figure 1. Changes to Requested Funding Authorizations in Proposed and Enacted
Versions of the FY2023 NDAA, by Selected Titles
(in billions of dollars of discretionary budget authority)

Source: H.Rept. 117-397 (Part 1) to accompany H.R. 7900, pp. 405-410; S.Rept. 117-130 to accompany S. 4543,
pp. 380-383; and the explanatory statement accompanying P.L. 117-263 in U.S. Congress, House Committee on
Armed Services, James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Legislative Text and Joint
Explanatory Statement to Accompany H.R. 7776, P.L. 117-263, Book 2 of 2, committee print, 118th Congress, 1st
sess., January 2023, 50-665, pp. 2168-2173.
Notes: Proc. is procurement (Division A, Title I); RDT&E is research, development, test, and evaluation
(Division A, Title II); O&M is operation and maintenance (Division A, Title III); MILPERS is military personnel
(Division A, Title IV); DHP is Defense Health Program and Other Authorizations (Division A, Title XIV);
MILCON/FH is military construction and family housing (Division B).
Legislative Activity38
By law, the President is to send a federal budget request to Congress by the first Monday in
February.39 In practice, it is sometimes delayed.40 On March 28, 2022, President Biden submitted
the FY2023 budget request, including proposed funding for national defense-related activities.41
Table 2 shows the status of legislative activity on the FY2023 NDAA.

38 This section was coordinated with Valerie Heitshusen, Specialist on Congress and the Legislative Process.
39 31 U.S.C. §1105(a).
40 For more information, see GPO, Budget of the United States Government, at
https://www.govinfo.gov/app/collection/budget. See also CRS Report RS20752, Submission of the President’s Budget
in Transition Years, by Taylor N. Riccard.
41 OMB, Budget of the United States Government, Fiscal Year 2023, March 28, 2022, archived at
https://www.govinfo.gov/app/collection/budget/2023.
Congressional Research Service

7

link to page 12 link to page 12 link to page 12 FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Table 2. FY2023 NDAA: Status of Legislative Activity
Public
House
Senate
Law
Vote #
Vote #
(yeas-
HASC-
(yeas-
Bill #,
nays),
SASC
Bill #,
nays),
HASC-SASC
P.L. #,
Date
Report
Date
Negotiated
Date
Report
Date
Negotiated
Date
Reported
#, Date
Passed
Proposal
Reported
#, Date
Passed
Proposal
Signed
H.R. 7900,
H.Rept.
350 (329-
H.R. 7900,
7/1/22
117-397,
101),
7/1/22
7/1/22
7/14/22

S. 4543,
S.Rept.

7/18/22
117-130,
7/18/22
House

516 (350-
Explanatory
House

396 (83-
Explanatory
P.L. 117-
amendmen
80),
statementb
amendment
11),
statementb
263,
t to the
12/8/22
to the
12/15/22
12/23/22
Senate
(H.Res.
Senate
amendmen
1512)a
amendment
t to H.R.
to H.R.
7776,
7776,
12/8/22
12/8/22
Source: CRS analysis of selected actions in Congress.gov.
Notes:
a. On December 8, 2022, the House voted 350-80 in favor of the bicameral agreement on the FY2023 NDAA
by adopting H.Res. 1512.
b. The explanatory statement to accompany the FY2023 NDAA (P.L. 117-263) was initially published in the
House, Congressional Record, daily edition, vol. 168, no. 191, book 3 (December 8, 2022), at
https://www.congress.gov/117/crec/2022/12/08/168/191/CREC-2022-12-08-bk3.pdf. It was later published in
U.S. Congress, House Committee on Armed Services, James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023, Legislative Text and Joint Explanatory Statement to Accompany H.R. 7776, Public Law 117-263,
Book 2 of 2, committee print, 118th Congress, 1st sess., January 2023, 50-665. This CRS report refers to the
explanatory statement published in the committee print.
House-passed NDAA
In the House, on June 6-8, 2022, in preparation of subcommittee and full committee markups, the
HASC’s seven subcommittees42 released draft legislative proposals (known as marks) for matters
to be considered in the FY2023 NDAA under their respective jurisdictions.43 On June 8-9, the

42 The seven HASC subcommittees were Tactical Air and Land Forces; Military Personnel; Readiness; Seapower and
Projection Forces; Strategic Forces; Intelligence and Special Operations; and Cyber, Innovative Technologies, and
Information Systems. Jurisdiction and membership of HASC and its subcommittees are available at HASC, Rules of the
Committee on Armed Services 117th Congress, archived at
https://web.archive.org/web/20220416001328/https://armedservices.house.gov/committee-rules%230D456DEB-8D11-
4DF4-A8E3-D4D778DFDA61.
43 The following committee press releases link to individual subcommittee marks: HASC, “Subcommittee on Cyber,
Innovative Technologies, and Information Systems Mark for H.R. 7900 National Defense Authorization Act for Fiscal
Year 2023,” June 6, 2022; “Subcommittee on Strategic Forces Mark for H.R. 7900 National Defense Authorization Act
for Fiscal Year 2023,” June 7, 2022; “Subcommittee on Seapower and Projection Forces Mark for H.R. 7900 National
Defense Authorization Act for Fiscal Year 2023,” June 7, 2022; “Subcommittee on Military Personnel Mark for H.R.
7900 National Defense Authorization Act for Fiscal Year 2023,” June 7, 2022; “Subcommittee on Readiness Mark for
H.R. 7900 National Defense Authorization Act for Fiscal Year 2023,” June 8, 2022; “Subcommittee on Tactical Air
(continued...)
Congressional Research Service

8

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

HASC subcommittees considered and reported their marks to the full committee.44 On June 20,
Representative Adam Smith, then Chair of HASC, released his draft legislative proposals (i.e.,
Chairman’s mark) for portions of the bill not in the subcommittee marks.45 On June 22, HASC
began considering and marking up the legislation.46 On June 23, the committee voted 57-1 to
order H.R. 7900 reported to the House with an amendment in the nature of a substitute reflecting
the product of the two-day markup.47 On July 1, the committee filed its report, H.Rept. 117-397,
to accompany the legislation.48 On July 7, the committee filed a supplemental report that included
the Congressional Budget Office’s cost estimate for the bill.49 On July 12, the House Rules
Committee met to report a structured rule for the House to consider H.R. 7900 and other
legislation.50 On July 13-14, the House debated and considered amendments to H.R. 7900.51 On
July 14, the House passed the measure, as amended, by a vote of 329-101.52
SASC-reported NDAA
In the Senate, on June 13-14, the seven subcommittees of the Senate Armed Services Committee
(SASC) marked up draft legislative proposals with recommendations for matters to be considered
under their respective jurisdictions.53 As in previous years, two of the markups were held in open
sessions (Subcommittee on Readiness and Management Support, and Subcommittee on
Personnel) and five were closed.54 On June 15-16, the full committee considered the legislation in
a closed session.55 On June 16, Senators Jack Reed and James Inhofe, Chair and then-Ranking

and Land Forces Mark for H.R. 7900 National Defense Authorization Act for Fiscal Year 2023,” June 8, 2022; and
“Subcommittee on Intelligence and Special Operations Mark for H.R. 7900 National Defense Authorization Act for
Fiscal Year 2023,” June 8, 2022.
44 The following list of includes embedded links to each subcommittee’s mark as reported to the full committee:
Subcommittee on Cyber, Innovative Technologies, and Information Systems; Subcommittee on Strategic Forces;
Subcommittee on Seapower and Projection Forces; Subcommittee on Military Personnel; Subcommittee on Readiness;
Subcommittee on Tactical Air and Land Forces; and Subcommittee on Intelligence and Special Operations.
45 HASC, “Chairman Smith Releases Mark for FY23 NDAA,” press release, June 20, 2022, archived at
https://web.archive.org/web/20220630015735/https://armedservices.house.gov/press-releases?ID=5EFC4D38-C0A1-
46CE-930F-B266E0CFD395.
46 HASC, Hearings website, accessed August 1, 2022, at https://armedservices.house.gov/hearings.
47 HASC, Hearings website, accessed August 1, 2022, at https://armedservices.house.gov/hearings; H.R. 7900 actions
on Congress.gov; and HASC, “Chairman Smith on the Armed Services Committee’s Passage of the FY23 NDAA,”
press release, June 23, 2022, archived at
https://web.archive.org/web/20220630015000/https://armedservices.house.gov/press-releases?ID=EDEEB4C7-13C7-
444F-B3C4-3E514AA54E6C.
48 H.R. 7900 actions on Congress.gov.
49 H.Rept. 117-397, Part 2.
50 See House Committee on Rules, H.R. 7900 - National Defense Authorization Act for Fiscal Year 2023 website,
accessed August 1, 2022, at https://rules.house.gov/bill/117/hr-7900.
51 See House, Congressional Record, vol. 168, no. 115 (July 13, 2022), pp. H6025-H6285, H6302-H6333, H6339-
H6508; and vol. 168, no. 116 (July 14, 2021), pp. H6514-H6605.
52 H.R. 7900 actions on Congress.gov.
53 SASC, “Closed: Schedule for Armed Services Subcommittee Markups of the National Defense Authorization Act for
Fiscal Year 2023,” press release, June 13, 2022, archived at
https://web.archive.org/web/20220610031511/https://www.armed-services.senate.gov/hearings/schedule-for-armed-
services-subcommittee-markups_of-the-national-defense-authorization-act-for-fiscal-year-2023.
54 Ibid.
55 SASC, “Closed: Schedule for Armed Services Full Committee Markup of the National Defense Authorization Act
for Fiscal Year 2023,” press release, June 15, 2022, archived at
https://web.archive.org/web/20220610205219/https://www.armed-services.senate.gov/hearings/schedule-for-armed-
services-full-committee-markup-of-the_national-defense-authorization-act-for-fiscal-year-2023.
Congressional Research Service

9

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Member, respectively, of SASC, announced the committee voted 23-3 to order reported an
original bill reflecting changes adopted in markup.56 On July 18, SASC reported S. 4543 and filed
the accompanying report S.Rept. 117-130. The Senate did not consider S. 4543.57 On October 11,
the Senate proceeded to consider H.R. 7900, to which Senator Reed then offered a complete
substitute amendment (S.Amdt. 5499, as modified) based on the text of S. 4543 and additional
proposals.
Enacted NDAA
Similar to the FY2022 NDAA (P.L. 117-81), the House and Senate did not reach a stage at which
a conference committee could be established to reconcile two versions of the bill. Instead, HASC
and SASC leaders negotiated a bicameral agreement based on the two versions. On December 6,
2022, the committees announced the release of the agreement,58 which was to be considered as a
House amendment to a Senate amendment to an unrelated bill, H.R. 7776.59 On December 8, an
explanatory statement to accompany the House amendment was published in Part 3 of the House
section of the Congressional Record.60 The final text of the FY2023 NDAA provided that this
statement was to be treated as if it were the formal joint explanatory statement issued by a
conference committee.61 The same day, the House voted 350-80 to adopt H.Res. 1512, by which
the House agreed to the House amendment and returned the bill to the Senate.62 On December 15,
the Senate voted 83-11 to agree to the House amendment without any changes, allowing the
measure to be enrolled for presentation to the President.63 On December 23, President Biden
signed the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 into law
(P.L. 117-263). Because the chambers did not establish a conference committee to negotiate a
final version of H.R. 7776, there was no conference report for the legislation. Instead, the HASC
published a two-part, 2,445-page committee print containing the legislative text and joint
explanatory statement.64

56 SASC, “SASC Completes Markup of Fiscal Year 2023 National Defense Authorization Act,” press release, June 16,
2022, archived at https://web.archive.org/web/20220616223723/https://www.armed-services.senate.gov/press-
releases/sasc-completes-markup-of-fiscal-year-2023-national-defense-authorization-act.
57 SASC, “Reed and Inhofe File Fiscal Year 2023 National Defense Authorization Act,” press release, July 18, 2022,
archived at https://web.archive.org/web/20220718211339/https://www.armed-services.senate.gov/press-releases/reed-
and-inhofe-file-fiscal-year-2023-national-defense-authorization-act.
58 HASC, “HASC and SASC Release Text of FY23 NDAA Agreement,” December 6, 2022, archived at
https://web.archive.org/web/20221207070322/https://armedservices.house.gov/press-releases?ID=656B5467-1CE9-
48BB-9D14-807B192D8933.
59 House Rules Committee Print 117-70, Text of the House Amendment to the Senate Amendment to H.R. 7776
[Showing the text of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023], December 6, 2022,
at https://docs.house.gov/billsthisweek/20221205/BILLS-117HR7776EAS-RCP117-70.pdf.
60 The explanatory statement to accompany the FY2023 NDAA (P.L. 117-263) was initially published in the House,
Congressional Record, daily edition, vol. 168, no. 191, book 3 (December 8, 2022), at
https://www.congress.gov/117/crec/2022/12/08/168/191/CREC-2022-12-08-bk3.pdf. It was later published in U.S.
Congress, House Committee on Armed Services, James M. Inhofe National Defense Authorization Act for Fiscal Year
2023, Legislative Text and Joint Explanatory Statement to Accompany H.R. 7776, P.L. 117-263, Book 2 of 2,
committee print, 118th Congress, 1st sess., January 2023, 50-665. This CRS report refers to the explanatory statement
published in the committee print.
61 P.L. 117-263, §5.
62 House of Representatives Roll Call vote number 516 to H.Res. 1512, at https://clerk.house.gov/Votes/2022516.
63 Senate Roll Call vote number 396 to H.R. 7776, at
https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/vote_117_2_00396.htm.
64 U.S. Congress, House Committee on Armed Services, James M. Inhofe National Defense Authorization Act for
(continued...)
Congressional Research Service

10

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Selected Budget Issues for Congress
This section of the report focuses on selected defense-related matters and authorizations of
appropriations in the FY2023 NDAA, including those that were the subject of debate between the
House and Senate or Congress and the Biden Administration; that received a high level of media
or constituent interest; or that were impacted by global events.
Inflation Effects
The FY2023 President’s budget request, including the DOD portion of the request, assumed an
estimated inflation rate of 2.2% in FY2023, beginning October 1, 2022.65 According to DOD, the
department’s FY2023 budget request recognized “inflationary impacts driven in part by the
COVID-19 pandemic’s disruption of global supply chains and Russia’s unjustified and
unprovoked invasion of Ukraine.”66
During consideration of the FY2023 NDAA, Congress expressed interest in how relatively high
levels of inflation had affected costs for DOD programs, projects, and activities.67 According to
HASC, H.R. 7900 would have authorized more funding than requested to address various
inflation-related effects, including a 2.4% pay bonus for enlisted personnel ($800 million),68 $500
million in housing allowances to address rising cost of rent, $750 million in commissary funding
to cover increasing costs of food and other necessities, $2.5 billion to address rising fuel costs,
and $3.8 billion to cover increasing military construction costs.69 According to SASC, S. 4543
would have authorized $13 billion more than requested for “inflation effects.”70
The FY2023 NDAA authorized $18.9 billion more than requested for inflation-related effects.71
According to SASC, this amount included $12.6 billion for inflation impacts on purchases; $3.8

Fiscal Year 2023, Legislative Text and Joint Explanatory Statement to Accompany H.R. 7776, P.L. 117-263, Book 1 of
2, committee print, 118th Congress, 1st sess, January 2023, 50-485; and James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, Legislative Text and Joint Explanatory Statement to Accompany H.R. 7776,
P.L. 117-263, Book 2 of 2, committee print, 118th Congress, 1st sess., January 2023, 50-665.
65 CRS analysis of OMB, Budget of the United States Government, Fiscal Year 2023, Historical Tables, Table 10.1,
GDP (Chained) Price Index deflator, archived at https://www.govinfo.gov/content/pkg/BUDGET-2023-
TAB/xls/BUDGET-2023-TAB-11-1.xlsx, using FY2022 and FY2023 estimates. The percentage change between the
FY2023 deflator of 1.2466 and the FY2022 deflator of 1.2200 is 2.18%.
66 DOD, Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer, April 2022, Defense Budget
Overview, United States Department of Defense, Fiscal Year 2023 Budget Request, p. 1-3, at
https://comptroller.defense.gov/Portals/45/Documents/defbudget/FY2023/FY2023_Budget_Request_Overview_Book.
pdf.
67 According to the consumer price index (CPI), inflation was measured at a seasonally adjusted 6.4% for the year 2022
ending in December, when the FY2023 NDAA was enacted. That was less than the June 2022 peak of 9.0% but more
than the 2011-2020 average of 1.7%. For more information on inflation, see CRS Insight IN12091, Will Inflation
Continue to Fall?, by Lida R. Weinstock and Marc Labonte. For more background and analysis on inflation, see CRS
Report R47273, Inflation in the U.S. Economy: Causes and Policy Options, by Marc Labonte and Lida R. Weinstock.
68 H.Rept. 117-397, p. 540.
69 HASC, Summary of the National Defense Authorization Act (NDAA) for Fiscal Year 2023 (H.R. 7900) website,
July 14, 2022, at
https://armedservices.house.gov/sites/republicans.armedservices.house.gov/files/FY23%20NDAA%20Highlights%20.p
df.
70 S.Rept. 117-130, p. 11.
71 CRS analysis of FY2023 NDAA explanatory statement, pp. 2175, 2177, 2178, 2181, 2187, 2190, 2193, 2194, 2195,
2201, 2203, 2208, 2010, 2011, 2012, 2214, 2218, 2234, 2249, 2266, 2271, 2289, 2290, 2295, 2296, 2298, 2304, 2306,
2307, 2308, 2312, 2313, 2314, 2315, 2321, 2322, 2323, 2324, 2325, 2327, 2328, 2329, 2333, 2337, 2342, 2345, 2346,
2350, 2351, 2352, 2354, 2355, 2356, 2358.
Congressional Research Service

11

link to page 17 FY2023 National Defense Authorization Act: Overview of Funding Authorizations

billion for inflation impacts on military construction projects; and $2.5 billion for inflation
impacts on fuel purchases.72 The enacted legislation did not include inflation-related bonus pay as
proposed in the House-passed version of the bill.73 Section 1003 of the legislation required the
Secretary of Defense to submit a report to the congressional defense committees on observed and
anticipated budgetary effects related to inflation, including information on inflation-related effects
at the account level, requests for economic price adjustments or contract modifications, and
changes to cost estimation practices.74
Procurement-Related Matters
The NDAA typically authorizes procurement funding for DOD weapons acquisition programs in
Division A, Title I, “Procurement.”75 Procurement accounts typically fund the purchase of new
equipment and modifications to existing weapons, including ships, aircraft, military satellites,
ground combat vehicles, munitions, and various other products and services.
The FY2023 DOD budget request for procurement was related in part to proposals to slightly
reduce the overall size of the Armed Forces and certain elements of force structure in FY2023.76
DOD proposed for FY2023 combat force structure reductions of 12 battle force ships in the
Navy,77 an infantry battalion in the Marine Corps active component, 116 aircraft in the Air Force
active component, 44 aircraft in the Air Force Reserve, and 78 aircraft in the Air National
Guard.78
Compared to the $144.2 billion requested in the DOD budget for procurement in Title I, the
legislation authorized $163.1 billion—$18.9 billion (13.1%) more than requested.79 The
legislation authorized changes to 207 (25%) of 826 procurement line items.80 These adjustments
included increases to certain items requested in the budget or additions for items not requested in
the budget to 127 line items totaling $20.6 billion.81 These changes were partially offset by
decreases to 80 line items totaling $1.6 billion.82
Figure 2 shows procurement line items in the enacted FY2023 NDAA with the largest authorized
changes, in terms of dollar value, from requested amounts.

72 SASC, “Summary of the Fiscal Year 2023 National Defense Authorization Act,” December 6, 2022, archived at
https://web.archive.org/web/20221207041034/https://www.armed-
services.senate.gov/imo/media/doc/fy23_ndaa_agreement_summary.pdf.
73 FY2023 NDAA explanatory statement, p. 1930.
74 P.L. 117-263, §1003; 136 Stat. 2761.
75 For more information, see CRS In Focus IF10599, Defense Primer: Procurement, by Alexandra G. Neenan.
76 DOD, Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer, April 2022, Defense Budget
Overview, United States Department of Defense, Fiscal Year 2023 Budget Request, pp. A-4 to A-5.
77 For more background and analysis on Navy force structure, see CRS Report RL32665, Navy Force Structure and
Shipbuilding Plans: Background and Issues for Congress, by Ronald O'Rourke.
78 Ibid., p. A-4.
79 FY2023 NDAA explanatory statement, p. 2169.
80 CRS analysis of ibid., pp. 2174-2218.
81 Ibid.
82 Ibid.
Congressional Research Service

12

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Figure 2. Changes to Requested Funding Authorizations for Selected Procurement
Line Items in the FY2023 NDAA
(in millions of dollars of budget authority)

Source: CRS analysis of the explanatory statement accompanying P.L. 117-263 in U.S. Congress, House
Committee on Armed Services, James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Legislative
Text and Joint Explanatory Statement to Accompany H.R. 7776, P.L. 117-263, Book 2 of 2, committee print, 118th
Congress, 1st sess., January 2023, 50-665, pp. 2174-2218.
Notes: SCN is Shipbuilding and Conversion, Navy; APAF is Aircraft Procurement, Air Force; APN is Aircraft
Procurement, Navy; ARRW is Air-launched Rapid Response Weapon; JASSM is Joint Air-to-Surface Standoff
Missile; CV is Carrier Variant. Realignment refers to some or all funds moved to one or more line items (in the
same or other titles).
Additional DDG-51 Arleigh Burke-Class Destroyer
The FY2023 NDAA authorized $2.4 billion more than requested in the Shipbuilding and
Conversion, Navy account for the “DDG-51” Arleigh Burke-class guided missile destroyer, a
surface combatant capable of conducting a range of offensive and defensive operations.83 The
change included funding to procure a third destroyer in FY2023 ($2.2 billion for “One additional
ship”) and associated infrastructure ($250 million for “Large Surface Combatant Shipyard

83 For more background and analysis on the DDG-51 program, see CRS Report RL32109, Navy DDG-51 and DDG-
1000 Destroyer Programs: Background and Issues for Congress, by Ronald O'Rourke.
Congressional Research Service

13

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Infrastructure”).84 The Administration had “strongly” opposed incrementally funding a third
destroyer in FY2023.85
Advance Procurement for LPD-17 San Antonio-Class Amphibious Ship
The legislation authorized $250 million more than requested in the Shipbuilding and Conversion,
Navy account for advance procurement of a San Antonio-class amphibious ship designated
Landing Platform Dock (LPD)-33, which is the fourth LPD-17 Flight II class ship.86 In general,
advance procurement refers to funding for components of a unit before purchasing the unit
itself.87 The Marine Corps had included such funding on a list of unfunded priorities.88 The
Administration had opposed authorizing such funding, in part to focus instead on “investing in
the right mix of capabilities, including future amphibious platforms, to deliver the ships the Joint
Force needs to campaign in the Indo-Pacific region and implement 2022 NDS,” referring to the
Secretary of Defense’s 2022 National Defense Strategy.89
Patriot Air and Missile Defense System Modifications
The legislation authorized $940 million more than requested in the Missile Procurement, Army
account for “Patriot Mods,” or modifications to the air and missile defense system known as
Patriot, a truck-mounted surface-to-air missile system capable of intercepting cruise missiles,
ballistic missiles, and aircraft.90 The change included $700 million for two additional fire units
(each consisting of a radar set, engagement control station, and launchers),91 as well as a
capability (i.e., Dismounted-Patriot Information Coordination Center) to relocate the control
station from a vehicle to an external shelter.92 The change also included $240 million to expand
production of the most advanced interceptor missiles, known as Patriot Advanced Capability-3
(PAC-3) missile segment enhancement.93

84 FY2023 NDAA explanatory statement, p. 2194. For more information on DOD maintenance depots, including naval
shipyards, see CRS In Focus IF11466, Defense Primer: Department of Defense Maintenance Depots, by Luke A.
Nicastro and Cameron M. Keys.
85 White House, “Statement of Administration Policy, H.R. 7900 – National Defense Authorization Act for Fiscal Year
2023,” July 12, 2022, p. 4.
86 For more background and analysis on amphibious ships, see CRS Report R43543, Navy LPD-17 Flight II and LHA
Amphibious Ship Programs: Background and Issues for Congress, by Ronald O'Rourke.
87 For a brief overview of advance procurement, see CRS In Focus IF10599, Defense Primer: Procurement, by
Alexandra G. Neenan. For a more extended discussion of advance procurement in the context of multiyear procurement
(MYP), see CRS Report R41909, Multiyear Procurement (MYP) and Block Buy Contracting in Defense Acquisition:
Background and Issues for Congress, by Ronald O'Rourke.
88 See, for example, an unofficial version of the Marine Corps unfunded priorities list on the FY23 Unfunded Priorities
Lists website, Taxpayers for Common Sense, at https://www.taxpayer.net/wp-content/uploads/2023/06/FY2023-
Unfunded-Priorities-List.pdf. For more information on unfunded priorities lists, see CRS In Focus IF11964, Defense
Primer: Department of Defense Unfunded Priorities, by Brendan W. McGarry.
89 White House, “Statement of Administration Policy, S. 4543 – James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023,” October 18, 2022, p. 5, at https://www.whitehouse.gov/wp-content/uploads/2022/10/S4543-
NDAA-SAP.pdf.
90 For more information on the Patriot system, see CRS In Focus IF12297, PATRIOT Air and Missile Defense System
for Ukraine, by Andrew Feickert.
91 DOD, Department of the Army, Patriot Advanced Capability-3 (PAC-3) website.
92 DOD, “3rd Battalion, 2nd Air Defense Artillery prepares for deployment,” press release, January 11, 2018.
93 FY2023 NDAA explanatory statement, p. 2176.
Congressional Research Service

14

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Ukraine-Related Authorities, Including Multi-Year Procurement (MYP) for
Selected Munitions
The Administration had requested two new authorities—the Critical Munitions Acquisition Fund
and the Defense Exportability Transfer Account—based on findings from support provided to
Ukraine since February 2022.94 The Critical Munitions Acquisition Fund was intended to serve as
a “revolving fund to maintain continuous orders of munitions that the Administration considers
critical.”95 Without such an authority, according to the Administration, manufacturers were “likely
to be challenged to meet surges in demand, creating long lead-times for the delivery of critical
munitions or weapon systems early in crises.”96 The Defense Exportability Transfer Account was
intended to “develop protection strategies for DoD systems identified for possible future export;
to design and incorporate exportability features into such systems during research and
development; and to integrate design features to enhance interoperability of such systems with
those of friendly foreign countries.”97
Section 1706 of the House-passed H.R. 7900 would have amended 10 U.S.C. §222c to require an
explanation of the implementation guidance developed by the Under Secretary of Defense for
Acquisition and Sustainment for the process used by the Armed Forces to develop munitions
requirements.98 It also would have required establishment of a critical munitions reserve.99
Section 6233 of the Senate amendment to H.R. 7900 would have provided temporary
authorizations related to Ukraine and addressed other DOD acquisition matters.100
Section 1244 of the enacted NDAA included an amended version of the Senate provision,
including temporary authorizations for covered agreements related to Ukraine, modification of
cooperative logistics support agreements with NATO countries, and multi-year procurement
authority for certain artillery rounds, missiles, and launchers.101 In the accompanying explanatory
statement, conferees said:
We recognize that the [DOD] would benefit from temporary acquisition flexibilities to
increase the Department’s stocks of critical munitions, provide material and related
services to allies and partners that have supported Ukraine, and provide material and
services to Ukraine. We also support enabling the Secretary of Defense to enter into
cooperative acquisition agreements through the [NATO] Support and Procurement
Organization. Finally, we believe providing multi-year procurement authority for certain
munitions programs is essential to increase the Department’s stocks of such munitions,

94 White House, “Statement of Administration Policy, H.R. 7900 – National Defense Authorization Act for Fiscal Year
2023,” July 12, 2022, p. 2.
95 Ibid.
96 Ibid.
97 Ibid.
98 H.R. 7900, §1706; and H.Rept. 117-397, p. 362.
99 Ibid.
100 Senate Amendment (S. Amdt.) 5499 to H.R. 7900, §6233, at https://www.congress.gov/amendment/117/senate-
amendment/5499.
101 P.L. 117-263, §1244. The quantities and types of systems included: 864,000 XM1128, XM1113, M107, and M795
(155mm rounds); 12,000 AGM-179 Joint Air-to-Ground Missiles (JAGM); 700 M142 High Mobility Artillery Rocket
Systems (HIMARS); 1,700 MGM-140 Army Tactical Missile Systems (ATACMS); 2,600 Harpoons; 1,250 Naval
Strike Missiles; 106,000 Guided Multiple Launch Rocket Systems (GMLRS); 3,850 PATRIOT Advanced Capability-3
(PAC-3) Missile Segment Enhancement (MSE); 5,600 FIM-92 Stinger; 28,300 FGM-148 Javelin; 5,100 AIM-120
Advanced Medium-Range Air-to-Air Missile (AMRAAM); 2,250,000 Modular Artillery Charge System (MACS);
12,050 155m Excalibur M982A1; 950 Long Range Anti-Ship Missiles (LRASM); 3,100 Joint Air-to-Surface Standoff
Missiles (JASSM); 1,500 Standard Missile-6 Missiles (SM-6); and 5,100 Sidewinder Missiles (AIM-9X).
Congressional Research Service

15

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

improve warfighting readiness, provide the defense industrial base with predictable
production opportunities and firm contractual commitments, ensure consistent funding
across the Department’s Future Years Defense Program, increase and expand defense
industrial capacity, and coordinate the timing and funding for capital expenditures with
defense contractors.102
The explanatory statement directed DOD officials to notify the congressional defense committees
within 30 days of using any of the temporary authorities.103 The Department of Defense
Appropriations Act, 2023 did not provide for multiyear procurement of munitions.104
RDT&E-Related Authorizations
The NDAA typically authorizes research and development-related funding for DOD weapons
acquisition programs in Division A, Title II, “Research, Development, Test, and Evaluation”
(RDT&E).105 RDT&E accounts typically fund the development and application of scientific
knowledge to generate and test prototypes of new military equipment and upgrades to existing
equipment, military software, and digital technology, among other items.106
Compared to the $130.10 billion requested in the DOD budget for RDT&E in Title II, the enacted
NDAA authorized $138.9 billion—$8.8 billion (6.7%) more than requested for such activities.107
The legislation authorized changes to 240 (25%) of 959 RDT&E line items.108 These adjustments
included increases or additions to 178 line items totaling $13.7 billion.109 These changes were
partially offset by decreases to 62 line items totaling $5.0 billion.110
Figure 3 shows RDT&E line items in the enacted FY2023 NDAA with the largest authorized
changes, in terms of dollar value, from requested amounts.

102 FY2023 NDAA explanatory statement, p. 2051.
103 Ibid.
104 P.L. 117-328, §8010; 136 Stat. 4587-4588, provided funding “for multiyear procurement contracts for up to 15
DDG–51 Arleigh Burke Class Guided Missile Destroyers.” Neither the bill text nor the accompanying explanatory
statement, as published in U.S. Congress, House Committee on Appropriations, Consolidated Appropriations Act,
2023, H.R. 2617/P.L. 117-328 [Legislative Text and Explanatory Statement], Book 1 of 2, Divisions A-F, committee
print, 117th Cong., 2nd sess., 2023, 50-347, referenced multiyear procurement authority for munitions. An explanatory
statement accompanying a draft version of the FY2023 defense appropriations bill (S. 4663) released by the Senate
Appropriations Committee majority staff stated that multiyear procurement contracts and other potential authorities and
funds to address challenges associated with production of munitions and large-caliber munitions were not “included in
the fiscal year 2023 President’s budget request, and that most acquisition program managers did not recommend their
use. Instead, the Department’s proposed solution relies on seeking unprecedented acquisition and funding flexibilities
without providing specific details. In the Committee’s view, such proposals are an inadequate substitute for strategic
assessment and investment across portfolios and programs over the Future Years Defense Program [FYDP].” For more
information, see Senate Appropriations Committee, Explanatory Statement for the Department of Defense
Appropriations Bill, 2023 [draft], p. 6.
105 For more information on DOD RDT&E funding, see CRS In Focus IF10553, Defense Primer: RDT&E, by John F.
Sargent Jr. For broader trends in federal R&D funding, see CRS Report R47564, Federal Research and Development
(R&D) Funding: FY2024, coordinated by John F. Sargent Jr.
106 For additional background and analysis on the DOD budget, see CRS Report R46965, The Department of Defense
(DOD) Budget: An Orientation, by Pat Towell.
107 FY2023 NDAA explanatory statement, p. 2169.
108 CRS analysis of ibid., pp. 2218-2290.
109 Ibid.
110 Ibid.
Congressional Research Service

16

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Figure 3. Changes to Requested Funding Authorizations for Selected RDT&E Line
Items in the FY2023 NDAA
(in millions of dollars of budget authority)

Source: CRS analysis of the explanatory statement accompanying P.L. 117-263 in U.S. Congress, House
Committee on Armed Services, James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Legislative
Text and Joint Explanatory Statement to Accompany H.R. 7776, P.L. 117-263, Book 2 of 2, committee print, 118th
Congress, 1st sess., January 2023, 50-665, pp. 2218-2290.
Notes: Next-Gen OPIR is Next-Generation Overhead Persistent Infrared; HACM is Hypersonic Attack Cruise
Missile; AWACS is Airborne Warning and Control System; APFIT is Accelerate the Procurement and Fielding of
Innovative Technologies; RDT&E is Research, Development, Test, and Evaluation; MSTP is Manufacturing Science
and Technology Program; AF is Air Force; DW is Defense-Wide; SF is Space Force; N is Navy; A is Army.
Realignment refers to some or all funds moved to one or more line items.
Next-Generation Overhead Persistent Infrared (OPIR) Missile Warning
System
The legislation authorized a realignment of funding in the RDT&E, Space Force account to
develop a missile warning system known as the Next-Generation Overhead Persistent Infrared
(Next-Gen OPIR).111 The system, a successor to the Space-Based Infrared System (SBIRS), is
designed to provide additional coverage of all phases of missile warning and tracking of advanced
missile threats, including hypersonic missile systems.112 The realignment involved authorizing
funding in multiple line items rather than one line item, including $1.7 billion for “Next-Gen
OPIR—Geo” to develop satellites in geosynchronous orbit (GEO), $899.2 million for “Next-Gen

111 FY2023 NDAA explanatory statement, p. 2268.
112 DOD, Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer, April 2022, Program
Acquisition Cost by Weapon System, United States Department of Defense Fiscal Year 2023 Budget Request, p. 7-4, at
https://comptroller.defense.gov/Portals/45/Documents/defbudget/FY2023/FY2023_Weapons.pdf.
Congressional Research Service

17

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

OPIR—Polar” to develop polar satellites in highly elliptical orbit (HEO); and $612.5 million for
“Next-Gen OPIR—Ground” to develop an integrated ground station.113
Hypersonic Attack Cruise Missile
The legislation authorized $316.9 million more than requested in the RDT&E, Air Force account
for “Hypersonics Prototyping—Hypersonic Attack Cruise Missile (HACM).”114 Initiated by the
U.S. Air Force in 2022, the effort seeks to develop a long-range prompt strike capability for
fighter and bomber aircraft.115 To develop a prototype, the Air Force seeks to integrate
technologies developed by the Air Force and the Defense Advanced Research Projects Agency
(DARPA).116
Hypersonic Defense Glide Phase Interceptor (GPI)
The legislation authorized $292.5 million more than requested in the RDT&E, Defense-Wide
account for a hypersonic missile defense capability known as the Glide Phase Interceptor
(GPI).117 A successor to an effort initiated in 2018 by the Missile Defense Agency, GPI is seeks to
develop an interceptor capable of countering a hypersonic missile during the glide phase, the
longest phase of flight.118 The White House had opposed authorizing such funding because “the
technological maturity of GPI is currently too low to support such an acceleration, and the
Department is investing heavily in other near-term counter-hypersonic capabilities, such as the
SM-6 and non-traditional approaches.”119 SM-6 refers to the ship-launched Standard Missile-6
designed to destroy aircraft, ballistic missiles, and ships. The Navy has reportedly described an
upgraded version of the defensive missile, known as the SM-6 Block IB, as a “multi-domain,
multi-mission offensive kinetic capability.”120
E-7 Airborne Warning and Control System (AWACS)
The legislation authorized $300 million more than requested in the RDT&E, Air Force account to
accelerate development of an E-7 aircraft to replace the E-3 airborne warning and control system
(AWACS) aircraft.121 The U.S. Air Force had identified $370.5 million in savings for FY2023 by
divesting 15 E-3 aircraft to invest in a follow-on system beginning in FY2023.122

113 Ibid.; and FY2023 NDAA explanatory statement, p. 2268.
114 FY2023 NDAA explanatory statement, p. 2254.
115 For more background and analysis on hypersonic programs, see CRS Report R45811, Hypersonic Weapons:
Background and Issues for Congress, by Kelley M. Sayler.
116 DOD, Department of the Air Force, Department of Defense Fiscal Year (FY) 2023 Budget Estimates, April 2022,
Air Force, Justification Book Volume 2 of 4, Research, Development, Test, and Evaluation, Air Force, Vol-2, pp. 257-
264 (of the PDF).
117 FY2023 NDAA explanatory statement, p. 2280.
118 For more background on hypersonic missile defense, see CRS In Focus IF11623, Hypersonic Missile Defense:
Issues for Congress, by Kelley M. Sayler.
119 White House, “Statement of Administration Policy, S. 4543 – James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023,” October 18, 2022, p. 6.
120 Jason Sherman, “DOD to break out SM-6 reporting of new hypersonic strike and defense missiles,” Inside Defense,
September 27, 2023, at https://insidedefense.com/daily-news/dod-break-out-sm-6-reporting-new-hypersonic-strike-
and-defense-missiles.
121 FY2023 NDAA explanatory statement, p. 2261.
122 DOD, Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer, April 2022, Defense Budget
Overview, United States Department of Defense Fiscal Year 2023 Budget Request, p. 4-15.
Congressional Research Service

18

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

RDT&E Earmarks
For RDT&E accounts, the enacted NDAA authorized a combined total of $69.4 million in
funding for 24 earmarks, or Community Project Funding items.123 Most recipients of such
projects were universities.124 The legislation authorized funding for a range of research topics,
including $4 million for each of the following projects: autonomous systems research and
workforce diversity at Benedict College, SC; persistent maritime surveillance at Florida Atlantic
University, FL; high-energy density and high-power density lithium ion battery magazines at
Auburn University, AL; antennae systems for massive data transmissions, and additive
manufacturing and ultra-high performance concrete at Florida International University, FL; and
aviation training at Atlantic County Economic Alliance, NJ.
Operation and Maintenance (O&M)-Related Matters
The NDAA typically authorizes appropriations for most DOD Operation and Maintenance
(O&M) activities in Division A, Title III.125 O&M accounts cover the operating costs of the active
and reserve components of the armed services, including fuel; supplies; spare parts; routine
maintenance of aircraft, ships, ground vehicles, electronic equipment, and facilities;126 recruiting;
training; professional education; administrative activities; and headquarters and supply
operations.127 O&M accounts also fund the pay and benefits of DOD civilian employees; various
overseas activities; and environmental restoration activities; among other efforts. DOD has
identified certain O&M line items as related to military readiness, which DOD defines as “the
ability of military forces to fight and meet the demands of assigned missions.”128
Compared to the $271.2 billion requested in the DOD budget for O&M activities in Title III, the
FY2023 NDAA authorized $278.8 billion—$7.6 billion (2.8%) more than requested.129 The
legislation authorized changes to 123 (38%) of 328 O&M line items.130 These adjustments
included increases or additions to 74 line items totaling $8.9 billion.131 These changes were
partially offset by decreases to 49 line items totaling $1.3 billion.132

123 FY2023 NDAA explanatory statement, pp. 2442-2443. For additional background and analysis on congressional
earmarks, see CRS Report RS22866, Earmark Disclosure Rules in the House: Member and Committee Requirements,
by Megan S. Lynch; and CRS Report RS22867, Earmark Disclosure Rules in the Senate: Member and Committee
Requirements, by Megan S. Lynch.
124 For more information, see CRS In Focus IF10553, Defense Primer: RDT&E, by John F. Sargent Jr.
125 See, for example, P.L. 117-263, Title III; 136 Stat. 2498. Another NDAA title typically authorizes appropriations for
the Defense Health Program and certain other activities funded in DOD O&M accounts. See, for example, P.L. 117-
263, Title XIV; 136 Stat. 2867.
126 Facility maintenance is typically referred to as Facilities Sustainment, Restoration, and Modernization (FSRM) or
Sustainment, Restoration, and Modernization (SRM). For more information on how O&M funding is sometimes used
for this purpose, see CRS Report R44710, Military Construction: Authorities and Processes, by Andrew Tilghman.
127 For additional background and analysis, see CRS Report R46965, The Department of Defense (DOD) Budget: An
Orientation, by Pat Towell.
128 DOD, DOD Dictionary of Military and Associated Terms, March 2017 edition, p. 195, at
https://www.tradoc.army.mil/wp-content/uploads/2020/10/AD1029823-DOD-Dictionary-of-Military-and-Associated-
Terms-2017.pdf. For additional background and analysis on the topic of DOD readiness, see CRS Report R46559, The
Fundamentals of Military Readiness, by G. James Herrera, Summary and Appendix C.
129 FY2023 NDAA explanatory statement, p. 2169.
130 CRS analysis of ibid., pp. 2290-2325.
131 Ibid.
132 Ibid.
Congressional Research Service

19

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Figure 4 shows O&M line items in the enacted FY2023 NDAA with the largest authorized
changes, in terms of dollar value, from requested amounts.
Figure 4. Changes to Requested Funding Authorizations for Selected O&M Line
Items in the FY2023 NDAA
(in millions of dollars of budget authority)

Source: CRS analysis of the explanatory statement accompanying the P.L. 117-263 in U.S. Congress, House
Committee on Armed Services, James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Legislative
Text and Joint Explanatory Statement to Accompany H.R. 7776, P.L. 117-263, Book 2 of 2, committee print, 118th
Congress, 1st sess., January 2023, 50-665, pp. 2290-2325.
Notes: FSRM is facility sustainment, restoration, and modernization; SRM is sustainment, restoration, and
modernization; CTEF is Counter-Islamic State of Iraq and Syria (ISIS) Train and Equip Fund. DOD requested
$300 mil ion for USAI as part of EDI; however, this requested funding was not reflected in the line item for
“Ukraine Security Assistance” in the explanatory statement funding table.
European Deterrence Initiative (EDI) and Ukraine Security Assistance
Initiative (USAI)133
For FY2023, DOD requested a total of $4.18 billion, mostly in O&M accounts, for activities
associated with the European Deterrence Initiative (EDI).134 According to DOD, funding for EDI
is intended to “maintain a credible force posture in response to the European security

133 This section was coordinated with Paul Belkin, Analyst in European Affairs; and Christina L. Arabia, Analyst in
Security Assistance, Security Cooperation and the Global Arms Trade.
134 DOD, European Deterrence Initiative, Department of Defense Budget Fiscal Year (FY) 2023, Office of the Under
Secretary of Defense (Comptroller), April 2022, at
https://comptroller.defense.gov/Portals/45/Documents/defbudget/FY2023/FY2023_EDI_JBook.pdf, p. 3.
Congressional Research Service

20

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

environment.”135 The Obama Administration proposed the initial iteration of EDI following
Russia’s 2014 invasion and occupation of Ukraine’s Crimea region.136 Of the total requested for
EDI in FY2023, $300 million was for Ukraine Security Assistance Initiative (USAI), through
which DOD and the U.S. Department of State provide intelligence support, personnel training,
lethal equipment and logistics support, supplies and other service to the Ukrainian military and
security forces.137 Following Russia’s February 2022 renewed invasion of Ukraine, DOD has
generally used USAI funding to procure newly manufactured weapons for Ukraine and
Presidential Drawdown Authority (PDA) to transfer weapons from existing defense stocks to
Ukraine.138
While DOD publishes a separate budget document on EDI as part of its annual budget request, it
does not request such funding in a dedicated account or fund. Rather, DOD requests funding that
supports EDI as a subset of certain line items within existing accounts. For example, DOD
requested FY2023 funding for EDI across 234 existing line items, mostly in O&M accounts but
also in Procurement, MILPERS, and MILCON accounts.139
In annual defense authorizations and appropriations acts or their accompanying reports, Congress
does not typically identify a total amount of funding for EDI, though it does for USAI. The
enacted FY2023 NDAA and the accompanying explanatory statement did not identify a total
amount authorized for activities associated with EDI; SASC stated the legislation authorized the
requested level of funding for such activities.140 For USAI, Section 1241 of the legislation
extended and authorized $800 million in FY2023—$500 million (167%) more than requested.141
FY2023 appropriations acts, including emergency funding provided in supplemental
appropriations acts, provided a total of $12.3 billion for USAI in FY2023.142

135 Ibid., p. 2.
136 For more information on EDI, see CRS In Focus IF10946, The European Deterrence Initiative: A Budgetary
Overview, by Paul Belkin.
137 DOD, European Deterrence Initiative, Department of Defense Budget Fiscal Year (FY) 2023, Office of the Under
Secretary of Defense (Comptroller), April 2022, p. 3.
138 For more information on U.S. security assistance to Ukraine, see CRS In Focus IF12040, U.S. Security Assistance to
Ukraine, by Christina L. Arabia, Andrew S. Bowen, and Cory Welt.
139 CRS analysis of DOD, European Deterrence Initiative, Department of Defense Budget Fiscal Year (FY) 2023,
Office of the Under Secretary of Defense (Comptroller), April 2022, pp. 21-30.
140 SASC, “Summary of the Fiscal Year 2023 National Defense Authorization Act,” December 6, 2022, archived at
https://web.archive.org/web/20221207041034/https://www.armed-
services.senate.gov/imo/media/doc/fy23_ndaa_agreement_summary.pdf.
141 P.L. 117-263, §1241; 136 Stat. 2841; and FY2023 NDAA explanatory statement, p. 2169. The department requested
$300 million for USAI as part of EDI, according to DOD, European Deterrence Initiative, Department of Defense
Budget Fiscal Year (FY) 2023, Office of the Under Secretary of Defense (Comptroller), April 2022, p. 3. This funding
was not reflected as requested in the “Ukraine Security Assistance” line item, according to the FY2023 NDAA
explanatory statement, p. 2169.
142 FY2023 figure of $12.3 billion for USAI includes supplemental appropriations of $3 billion in P.L. 117-180, 136
Stat. 2128; regular appropriations of $0.3 billion in P.L. 117-328, 136 Stat. 4614; and supplemental appropriations of
$9 billion in P.L. 117-328, 136 Stat. 5190. For more information on DOD supplemental funding for Ukraine, see CRS
Insight IN12107, Department of Defense Supplemental Funding for Ukraine: A Summary, by Brendan W. McGarry.
Congressional Research Service

21

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Pacific Deterrence Initiative (PDI)143
DOD requested a total of $6.1 billion, with more than a third of the requested funding in O&M
accounts, for activities associated with the Pacific Deterrence Initiative (PDI) in FY2023.144 The
initiative is an effort intended to strengthen U.S. defense posture in the Indo-Pacific region,
primarily west of the International Date Line.145 Congress has previously criticized DOD for
requesting funding for PDI with an emphasis on weapon systems rather than force posture,
capabilities, and activities in the region.146
While DOD publishes a separate budget document on PDI as part of its annual budget request, it
does not request such funding in a separate account or fund. Rather, DOD requests funding that
supports PDI as a subset of line items within certain existing accounts. For example, DOD
requested FY2023 funding for PDI across 118 existing line items, including O&M, Procurement,
RDT&E, and MILCON accounts.147
Section 1254 of the enacted NDAA extended and modified PDI.148 The accompanying
explanatory statement identified a total of $11.5 billion in authorizations associated with PDI—
$5.4 billion (88%) more than requested.149 The provision included language requiring DOD to
submit a budget document that incorporates an independent assessment of PDI funding
requirements from the Commander of the U.S. Indo-Pacific Command (INDO-PACOM). In the
explanatory statement accompanying the legislation, Congress noted its “strong support for the
PDI as means to prioritize Department of Defense efforts in support of enhancing U.S. deterrence
and defense posture, reassuring allies and partners, and increasing readiness and capability in the
Indo-Pacific region.”150
Counter-Islamic State of Iraq and Syria (ISIS) Train and Equip Fund (CTEF)151
DOD requested a total of $541.7 million for the Counter-Islamic State of Iraq and Syria (ISIS)
Train and Equip Fund (CTEF) in FY2023.152 The fund is intended to help maintain the security of

143 This section was coordinated with Luke A. Nicastro, Analyst in U.S. Defense Infrastructure Policy.
144 DOD, Pacific Deterrence Initiative, Department of Defense Budget Fiscal Year (FY) 2023, Office of the Under
Secretary of Defense (Comptroller), April 2022, p. 5, at
https://comptroller.defense.gov/Portals/45/Documents/defbudget/FY2023/FY2023_Pacific_Deterrence_Initiative.pdf.
145 For more information on PDI, see CRS In Focus IF12303, The Pacific Deterrence Initiative: A Budgetary Overview,
by Luke A. Nicastro.
146 See, for example, the explanatory statement to accompany the FY2022 NDAA (P.L. 117-81) in U.S. Congress,
House Committee on Armed Services, National Defense Authorization Act for Fiscal Year 2022, Legislative Text and
Joint Explanatory Statement to Accompany S. 1605, P.L. 117-81, committee print, 117th Cong., 1st sess., 47-742,
December 2021, pp. 1154-1159, at https://www.congress.gov/117/cprt/HPRT47742/CPRT-117HPRT47742.pdf.
147 DOD, Pacific Deterrence Initiative, Department of Defense Budget Fiscal Year (FY) 2023, Office of the Under
Secretary of Defense (Comptroller), April 2022, pp. 9-27.
148 P.L. 117-263, §1254; 136 Stat. 2850.
149 As previously discussed, the department requested $6.1 billion for PDI in FY2023, according to DOD, Pacific
Deterrence Initiative, Department of Defense Budget Fiscal Year (FY) 2023, Office of the Under Secretary of Defense
(Comptroller), April 2022, p. 5. The FY2023 NDAA authorized a total of $11.5 billion for PDI, according to the
FY2023 NDAA explanatory statement, pp. 2054-2059. (The latter did not list FY2023 requested amounts for PDI.)
150 Ibid., p. 2054. For more background and analysis on DOD infrastructure in the Indo-Pacific region, see CRS Report
R47589, U.S. Defense Infrastructure in the Indo-Pacific: Background and Issues for Congress, by Luke A. Nicastro.
151 This section was coordinated with Clayton Thomas, Specialist in Middle Eastern Affairs.
152 DOD, Office of the Secretary of Defense, Department of Defense Budget, Fiscal Year (FY) 2023, April 2022,
Justification for FY 2023 Overseas Operations, Counter-Islamic State of Iraq and Syria (ISIS) Train and Equip Fund
(CTEF), p. 3, at https://comptroller.defense.gov/Portals/45/Documents/defbudget/FY2023/FY2023_CTEF_J-Book.pdf.
Congressional Research Service

22

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

territory liberated from ISIS and counter future ISIS threats by training, equipping, and providing
operational assistance to vetted partner forces.153 Most of the funding was requested for stipends
for partner forces.154
Section 1233 of the enacted FY2023 NDAA extended authority to provide assistance to vetted
Syrian groups and individuals. 155 Section 1234 of the legislation extended and modified authority
to provide assistance to counter the Islamic State of Iraq and Syria.156 The legislation authorized
$502.9 million for CTEF in FY2023—$38.8 million (7%) less than requested.157 The decreased
authorizations for Iraq and Syria were attributed to “unjustified requests.”158 In the explanatory
statement accompanying the legislation, Congress noted its concern that the Secretary of Defense
had not submitted a description of the current status, capabilities, and operational capacity of
remaining Islamic State of Iraq and Syria elements active in Iraq and Syria, among other
information.159
Weapon System Divestments
DOD had estimated saving a total of $2.7 billion in FY2023 by divesting certain weapon systems
and other “reprioritization” initiatives.160 Among other efforts, this figure included $1.7 billion in
Air Force initiatives (e.g., retiring or deactivating a certain number of aircraft, including 15 E-3
airborne warning and control system aircraft); and $1.0 billion in Navy initiatives (e.g., stopping
development of a new nuclear-armed sea-launched cruise missile, or SLCM-N; decommissioning
six Littoral Combat Ships, or LCS, and five Ticonderoga-class guided-missile cruisers; reducing
crews for certain LCSs).161
Some provisions in the FY2023 NDAA authorized reductions to minimum inventory
requirements, while others prohibited or limited the ability of DOD officials to divest weapon
systems. For example, Section 141 reduced the minimum total aircraft inventory requirement of
the A-10 ground attack aircraft.162 Section 143 prohibited the retirement of F-22 fighter aircraft
through FY2027, with exceptions.163 Section 149 of the legislation conditioned the divestment of
certain E-3 aircraft on the submittal of an acquisition strategy or the awarding of a contract for the
E-7 successor aircraft.164 Section 1029 of the enacted NDAA allowed for the retirement of four
LCSs, but prohibited the retirement of certain other vessels.165
The Administration had “strongly” opposed provisions that would limit weapon systems
divestments, arguing in part that, “requiring the Department to maintain a minimum inventory of

153 Ibid.
154 Ibid., pp. 4, 17.
155 P.L. 117-263, §1233; 136 Stat. 2838.
156 Ibid., §1234; 136 Stat. 2838.
157 FY2023 NDAA explanatory statement, p. 2298.
158 Ibid.
159 Ibid., pp. 2047-2048. For more information on the Islamic State, see CRS In Focus IF10328, The Islamic State, by
Clayton Thomas.
160 DOD, Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer, April 2022, Defense Budget
Overview, United States Department of Defense Fiscal Year 2023 Budget Request, pp. 4-13 to 4-16.
161 Ibid.
162 P.L. 117-263, §141; 136 Stat. 2452.
163 Ibid., §143; 136 Stat. 2453.
164 P.L. 117-263, §149; 136 Stat. 2455.
165 Ibid., §1029; 136 Stat. 2768.
Congressional Research Service

23

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

major platforms limits the Secretary’s ability to optimize future force structure, increases the
long-term cost of sustaining the force, and further delays necessary efforts to keep pace with the
People’s Republic of China’s challenge in key warfighting areas.”166
Red Hill Recovery Fund167
DOD requested $1 billion for FY2023 to establish a Red Hill Recovery Fund to “address the
health, environmental, and national security needs of the community and the Department” related
to fuel leaks and water contamination issues at the underground Red Hill Bulk Fuel Storage
Facility in Hawaii.168 The U.S. Navy and Defense Logistics Agency (DLA) administer the
facility, which dates to the World War II-era, as part of Joint Base Pearl Harbor-Hickam.169 The
White House supported authorization of the fund to “enable continued support of activities taken
to comply with State of Hawaii Department of Health laws, or otherwise determined to be
appropriate, including activities relating to improvements of infrastructure and defueling.”170
Since at least the FY2015 NDAA, Congress has included bill or report language in annual
defense authorization legislation to address fuel tank leaks, environmental contamination, and
impacts on drinking water sources at Red Hill. Section 4301 of the enacted FY2023 NDAA
authorized the requested level of funding for the Red Hill Recovery Fund.171 Sections 331
through 337 of the legislation addressed Red Hill-related matters, including requiring the
Secretary of the Navy to defuel the facility,172 and authorizing the Secretary of Defense to close
the facility.173
After defueling of the tanks, the U.S. Navy and DLA would be required to carry out additional
activities to decommission the tanks and continue the investigation and remediation of
contamination in groundwater, pursuant to federal and state regulations applicable to underground
storage tanks. These activities may continue beyond the operational closure of the facility and
present longer-term funding needs. The U.S. Environmental Protection Agency and Hawaii State
Department of Health maintain responsibility for overseeing the compliance of the U.S. Navy and
DLA with these regulatory requirements.174

166 White House, “Statement of Administration Policy, H.R. 7900 – National Defense Authorization Act for Fiscal Year
2023,” July 12, 2022, p. 2.
167 This section was coordinated with David M. Bearden, Specialist in Environmental Policy.
168 DOD, Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer, March 2022, Defense Budget
Overview [Budget Briefing], United States Department of Defense Fiscal Year 2023 Budget Request, p. 22, at
https://comptroller.defense.gov/Portals/45/Documents/defbudget/FY2023/FY2023_Budget_Request.pdf.
169 For information on the operational history of the Red Hill facility, see Commander Navy Region Hawaii, “About
Red Hill,” at https://cnrh.cnic.navy.mil/Operations-and-Management/Red-Hill/About-Red-Hill/.
170 White House, “Statement of Administration Policy, S. 4543 – James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023,” October 18, 2022.
171 P.L. 117-263, §4301; 136 Stat. 3171.
172 Ibid., §§331-337; 136 Stat. 2521-2527.
173 Ibid., §332; 136 Stat. 2522.
174 For more information on these regulatory requirements and the status of U.S. Navy and DLA compliance, see U.S.
Environmental Protection Agency, “Red Hill Bulk Fuel Storage Facility in Hawai’i,” at https://www.epa.gov/red-hill;
and Hawaii State Department of Health, “U.S. Navy Red Hill Bulk Fuel Storage Facility,” at
https://health.hawaii.gov/ust/ust-home-test/ust-red-hill-project-main/.
Congressional Research Service

24

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Military Personnel (MILPERS) and Related Matters
The NDAA typically authorizes in Division A, Title IV a military end-strength for each DOD
component and appropriations for Military Personnel (MILPERs) compensation.175 MILPERS
accounts fund cash compensation for military personnel, including basic pay, housing allowances,
and special pays and bonuses for which some personnel are eligible.176 MILPERS accounts also
fund permanent change of station (PCS) travel and other expenses, as well as retirement-related
compensation, including military retired pay, Thrift Savings Plan contributions, and the retiree
health care plan known as TRICARE for Life.177
Of the $173.9 billion requested in the DOD budget for MILPERS activities in Title IV,178 the
enacted NDAA authorized $172.0 billion—$1.9 billion (1.1%) less than requested.179 The
MILPERS funding request was based in part on proposals to slightly reduce the overall size of the
Armed Forces and certain elements of force structure in FY2023.180
The legislation authorized $2.2 billion less than requested for “Army end strength reduction”
amid recruiting shortfalls, and $700 million less than requested for “historical underexecution,”
which generally refers to past spending that was lower than projected.181 These decreases were
partially offset by increases for the Basic Allowance for Housing ($494 million), Air Force
personnel in E-3 and medical billets ($234 million), Navy personnel ($190 million); certain
special incentive pays ($100 million); the Basic Needs Allowance ($12 million); and a home
leave demonstration program ($10 million).182
Figure 5 shows MILPERS line items in the enacted FY2023 NDAA with authorized changes, in
terms of dollar value, from requested amounts.

175 See, for example, P.L. 117-263, Title IV; 136 Stat. 2551.
176 For additional background and analysis, see CRS Report R46965, The Department of Defense (DOD) Budget: An
Orientation, by Pat Towell.
177 Funding tables in reports accompanying the NDAA typically include amounts for the Medicare Eligible Retiree
Health Care Fund to pay for the TRICARE for Life medical insurance program for certain military retirees.
Discretionary funding for TRICARE for Life is not provided by the annual defense appropriations act; it is
automatically appropriated each year on the basis of permanent law (10 U.S.C. §§1111-1117).
178 DOD, Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer, April 2022, Defense Budget
Overview, United States Department of Defense, Fiscal Year 2023 Budget Request, p. A-5.
179 FY2023 NDAA explanatory statement, p. 2170.
180 DOD, Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer, April 2022, Defense Budget
Overview, United States Department of Defense, Fiscal Year 2023 Budget Request, pp. A-4 to A-5.
181 FY2023 NDAA explanatory statement, p. 2326.
182 Ibid. P.L. 117-263, §603 contained provisions related to “Cold weather duty: authorization of assignment or special
duty pay; travel allowance for members of the Armed Forces assigned to Alaska.”
Congressional Research Service

25

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Figure 5. Changes to Requested Funding Authorizations for MILPERS Line Items in
the FY2023 NDAA
(in millions of dollars of budget authority)

Source: CRS analysis of the explanatory statement accompanying P.L. 117-263 in U.S. Congress, House
Committee on Armed Services, James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Legislative
Text and Joint Explanatory Statement to Accompany H.R. 7776, P.L. 117-263, Book 2 of 2, committee print, 118th
Congress, 1st sess., January 2023, 50-665, pp. 2290-2325.
Notes: BAH is Basic Al owance for Housing; AWACS is Airborne Warning and Control System.
Military End-Strength183
DOD requested an overall military end-strength of 2,122,900 personnel in the active and reserve
components for FY2023184—24,640 (1.1%) fewer personnel than the FY2022 authorized level.185
Approximately half (-12,000) of the requested end-strength reduction relative to the FY2022
authorized level came from the Army active component. Factors influencing the department’s
requested end-strengths may vary, from recruiting challenges affecting the services, particularly
the Army,186 to strategic guidance emphasizing investments in higher-end capabilities over force
size.187
The enacted FY2023 NDAA authorized an overall military end-strength of 2,087,344 personnel
in the DOD active and reserve components for FY2023—35,556 (1.7%) fewer personnel than
requested. Reductions in the Army (-21,000 soldiers), Army Reserve (-12,500), Army National
Guard (-11,000), and Navy Reserve (-700) were partially offset by increases in the Navy (+7,700)
and the Air Force (+1,944). See Table 4.

183 For additional background and analysis on military end-strengths, see CRS Insight IN11994, FY2023 NDAA: Active
Component End-Strength; CRS Report R43808, Army Active Component (AC)/Reserve Component (RC) Force Mix:
Considerations and Options for Congress; and CRS Report R44612, How Big Should the Army Be? Considerations for
Congress.
184 DOD, Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer, April 2022, Defense Budget
Overview, United States Department of Defense, Fiscal Year 2023 Budget Request, pp. A-4 to A-5.
185 P.L. 117-81, §§401, 411; 135 Stat. 1673, 1674.
186 See, for example, Lolita C. Baldor, “Army misses recruiting goal by 15,000 soldiers,” Associated Press, October 2,
2022, at https://www.armytimes.com/news/your-army/2022/10/02/army-misses-recruiting-goal-by-15000-soldiers/; and
Thomas Spoehr, The Incredible Shrinking Army: NDAA End Strength Levels Are a Mistake, The Heritage Foundation,
January 4, 2023, at https://www.heritage.org/defense/commentary/the-incredible-shrinking-army-ndaa-end-strength-
levels-are-mistake.
187 See, for example, Mark F. Cancian, Force Structure in the National Defense Strategy: Highly Capable but Smaller
and Less Global, Center for Strategic and International Studies, October 31, 2022, at
https://www.csis.org/analysis/force-structure-national-defense-strategy-highly-capable-smaller-and-less-global.
Congressional Research Service

26

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Table 3. Military End-Strengths Authorized in the FY2023 NDAA
(number of personnel)
Component
FY2022
FY2023
House-passed
SASC-
FY2023
Authorized
Request
(H.R. 7900)
reported (S.
NDAA (P.L.
(P.L. 117-81)
4543)
117-263)
Army
485,000
473,000
473,000
473,000
452,000
Navy
346,920
346,300
348,220
354,000
354,000
Marine Corps
178,500
177,000
177,000
177,000
177,000
Air Force
329,220
323,400
323,400
325,344
325,344
Space Force
8,400
8,600
8,600
8,600
8,600
Subtotal, DOD
1,348,040
1,328,300
1,330,220
1,337,944
1,316,944
Active
Components
Army National
336,000
336,000
336,000
336,000
325,000
Guard
Army Reserve
189,500
189,500
189,500
189,500
177,000
Navy Reserve
58,600
57,700
57,700
57,700
57,000
Marine Corps
36,800
33,000
33,000
33,000
33,000
Reserve
Air National
108,300
108,400
108,400
108,400
108,400
Guard
Air Force
70,300
70,000
70,000
70,000
70,000
Reserve
Subtotal, DOD
799,500
794,600
794,600
794,600
770,400
Reserve
Components
Coast Guard
7,000
7,000
7,000
7,000
7,000
Reserve
Total (DOD)
2,147,540
2,122,900
2,124,820
2,132,544
2,087,344
Source: DOD, Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer, April 2022, Defense
Budget Overview, United States Department of Defense, Fiscal Year 2023 Budget Request, pp. A-4 to A-5; H.R. 7900,
§§401, 411; S. 4543, §§401, 411; and P.L. 117-263, §§401, 411.
Notes: The Coast Guard is part of the Department of Homeland Security.
Military Pay Raise
Existing law provides a permanent formula for an automatic annual increase in military basic pay
based on the annual increase in the Employment Cost Index (ECI).188 The statutory formula relies
on the ECI for wages and salaries of private industry workers based on surveys conducted by the
U.S. Department of Labor’s Bureau of Labor Statistics. DOD requested a 4.6% increase in basic
pay for FY2023, in line with the formula in current law.189

188 37 U.S.C. §1009.
189 DOD, Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer, April 2022, Defense Budget
Overview, United States Department of Defense, Fiscal Year 2023 Budget Request, p. 4-22. For additional background
(continued...)
Congressional Research Service

27

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

The enacted FY2023 NDAA did not contain provisions specifying an alternate adjustment to
basic pay, leaving the 4.6% automatic increase in place.190
Childcare191
DOD requested $1.9 billion in FY2023 for childcare and youth programs.192 The department
operates an employer-sponsored childcare program that serves approximately 200,000 children of
servicemembers and DOD civilians, and employs 20,000 childcare workers—making it the
largest such program in the United States.193
The enacted FY2023 NDAA adopted multiple provisions related to childcare matters. Section 577
of the legislation required secretaries of the military departments to promote awareness of fee
assistance benefits through which the department may subsidize the cost of private daycare to
military families.194 Section 627 authorized a five-year pilot program to reimburse certain travel
and transportation costs for a child provider resulting from a relocation of a military family.195
Other sections addressed staffing, capacity, and infrastructure-related matters at Childhood
Development Centers (CDCs).196
Cyber Personnel197
DOD requested funding for FY2023 to transfer certain missions, resources, and personnel from
military departments and DOD organizations to U.S. Cyber Command (CYBERCOM),198 the
functional combatant command tasked with coordinating offensive and defensive operations in
cyberspace and securing DOD informational networks.199
The enacted FY2023 NDAA adopted multiple provisions related to cyber personnel policies,
particularly related to reserve component and civilian staffing; reviews of cyber personnel
policies, strategy and planning; and cyber-related education and training.200 Section 901 of the
legislation established a new position, Assistant Secretary of Defense for Cyber Policy, in the
Office of the Secretary of Defense, to provide “overall supervision of policy of the Department of

and analysis on the military pay raise, see CRS In Focus IF10260, Defense Primer: Military Pay Raise; CRS Video
WVB00429, Pay and Allowances of the Armed Forces; and CRS Report RL33446, Military Pay: Key Questions and
Answers.
190 HASC, “Final Text Summary of the National Defense Authorization Act for Fiscal Year 2023,” December 6, 2022;
and SASC, “Summary of the Fiscal Year 2023 National Defense Authorization Act,” December 6, 2022.
191 This section was coordinated with Kristy N. Kamarck, Specialist in Military Personnel Policy.
192 DOD, Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer, April 2022, Defense Budget
Overview, United States Department of Defense, Fiscal Year 2023 Budget Request, p. 4-30.
193 For more information on military childcare, see CRS Report R45288, Military Child Development Program:
Background and Issues, by Kristy N. Kamarck.
194 P.L. 117-263, §577; 136 Stat. 2606.
195 Ibid., §627; 136 Stat. 2630.
196 For more information on these and other provisions, see CRS Insight IN11998, FY2023 NDAA: Military Child Care
Programs, by Kristy N. Kamarck and Andrew Tilghman.
197 This section was coordinated with Kristy N. Kamarck, Specialist in Military Personnel Policy.
198 DOD, Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer, April 2022, Defense Budget
Overview, United States Department of Defense, Fiscal Year 2023 Budget Request, p. 2-12.
199 DOD, U.S. Cyber Command, About website, at https://www.cybercom.mil/About/Mission-and-Vision/.
200 For more information on these provisions, see CRS Report R47270, FY2023 NDAA: Cyber Personnel Policies, by
Kristy N. Kamarck and Catherine A. Theohary.
Congressional Research Service

28

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Defense for cyber.”201 Section 1532 of the legislation directed the Secretary of the Navy to
establish by October 1, 2025, a Cyber Warfare Operations career field for uniformed personnel
(separate from the existing cryptologic warfare and cryptologic technician career fields).202
Section 1531 added a new statutory authority, 10 U.S.C. §1124a, to authorize the Secretary of
Defense and the Secretaries of the military departments to provide a cash award of up to $2,500
for a servicemember who took effective action against a cyberthreat.203
Selective Service and Draft Registration204
The enacted FY2023 NDAA did not include provisions proposed in the Senate Armed Services
Committee-reported version of the legislation (S. 4543, §§521, 522) that would have required
women to register for the draft and made other changes to the Military Selective Service Act
(MSSA; 50 U.S.C. §§3801 et seq.).205
Other Authorizations206
The NDAA typically authorizes appropriations for the Defense Health Program, working capital
funds,207 and certain other activities as part of Other Authorizations in Division A, Title XIV.
While these activities are typically funded in DOD Operation and Maintenance (O&M) accounts,
they can also include Procurement and Research, Development, Test, and Evaluation (RDT&E)
funding.208
Compared to the $40.9 billion requested in the DOD budget for Other Authorizations, the enacted
NDAA authorized $44.4 billion—$3.5 billion (8.4%) more than requested.209 The legislation
authorized changes to 14 (35%) of 40 such line items. These adjustments included increases to
nine line items totaling $3.6 billion. These changes were partially offset by decreases to five line
items totaling $99.1 million.
Figure 6 shows Other Authorizations line items in the FY2023 NDAA with authorized changes,
in terms of dollar value, from requested amounts.

201 P.L. 117-263, §901; 136 Stat. 2747.
202 P.L. 117-263, §1532; 136 Stat. 2901.
203 Ibid., §1531; 136 Stat. 2900.
204 This section was coordinated with Kristy N. Kamarck, Specialist in Military Personnel Policy.
205 For more information on these provisions, see CRS Insight IN11973, FY2023 NDAA: Selective Service and Draft
Registration, by Kristy N. Kamarck. For additional background and analysis on selective service, see CRS Insight
IN11973, FY2023 NDAA: Selective Service and Draft Registration, by Kristy N. Kamarck and CRS Report R44452,
The Selective Service System and Draft Registration: Issues for Congress.
206 This section was coordinated with Bryce H. P. Mendez, Specialist in Defense Health Care Policy; and Kristy N.
Kamarck, Specialist in Military Personnel Policy.
207 In general, working capital funds are intended to provide price stability for budgeting purposes and support
business-like activities of DOD components (e.g., bulk fuel purchases). For more information on defense working
capital funds, see CRS In Focus IF11233, Defense Primer: Defense Working Capital Funds, by Cameron M. Keys and
Brendan W. McGarry.
208 For more information, see CRS Report R46965, The Department of Defense (DOD) Budget: An Orientation, by Pat
Towell.
209 FY2023 NDAA explanatory statement, p. 2170.
Congressional Research Service

29

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Figure 6. Changes to Requested Funding Authorizations for Selected Other
Authorizations Line Items in the FY2023 NDAA
(in millions of dollars of budget authority)

Source: CRS analysis of the explanatory statement accompanying P.L. 117-263 in U.S. Congress, House
Committee on Armed Services, James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Legislative
Text and Joint Explanatory Statement to Accompany H.R. 7776, P.L. 117-263, Book 2 of 2, committee print, 118th
Congress, 1st sess., January 2023, 50-665, pp. 2326-2330.
Notes: Working Capital Fund is short for Working Capital Fund Support; National Defense Stockpile is short
for National Defense Stockpile Transaction Fund; Commissaries is short for Defense Commissary Agency;
Munitions Destruction is short for Chemical Demilitarization and Munitions Destruction; Counter-Drug is short
for Drug Interdiction and Counter-Drug Activities; DHP is Defense Health Program; and Inspector General is
short for Office of the Inspector General.
Fuel Inflation
The legislation authorized $2.5 billion more than requested for the Defense-Wide Working
Capital Fund, for “fuel inflation.”210 In January 2022, DOD Comptroller Michael J. McCord
testified that higher-than-anticipated inflation was “eating into our resources,” and cited two fuel
price increases that generated a $1.5 billion bill for the services.211
National Defense Stockpile Transaction Fund
DOD requested $253.5 million for the National Defense Stockpile Transaction Fund in FY2023,
comprising $213.5 million to acquire and stockpile high-priority critical materials and $40
million for operations.212 The fund is a type of revolving fund managed by the DLA to acquire
and retain strategic and critical materials in the National Defense Stockpile (NDS).213 Like other

210 FY2023 NDAA explanatory statement, p. 2327.
211 Testimony of Michael McCord, Under Secretary of Defense (Comptroller) and Chief Financial Officer, House
Appropriations Committee, Subcommittee on Defense, Full-Year Funding vs. Continuing Resolution Funding, January
12, 2022, at https://docs.house.gov/meetings/AP/AP02/20220112/114316/HHRG-117-AP02-Wstate-McCordM-
20220112.pdf.
212 Ibid.; and FY2023 NDAA explanatory statement, p. 2327.
213 DOD, Department of Defense Revolving Funds, Justification/Overview Fiscal Year 2023 Budget Estimates, April
2022, pp. 41-47, at
https://comptroller.defense.gov/Portals/45/Documents/defbudget/fy2023/budget_justification/pdfs/06_Defense_Workin
g_Capital_Fund/DoD_Revolving_Funds_J-Book_fy2023.pdf. For more information on the National Defense Stockpile,
(continued...)
Congressional Research Service

30

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

revolving funds, the fund is intended to operate as a self-supported entity, for example, by selling
excess stockpile materials to fund operations and the acquisition of other strategic and critical
materials.214 According to DOD, the fund’s balance and assets “have been significantly
diminished over the past two decades due to Congressionally mandated sales and cash transfers to
the U.S General Treasury.”215
The enacted FY2023 NDAA authorized $1.0 billion for the fund, $750 million (296%, or nearly
four times) more than requested.216 The change was described in part as a program increase to
“strengthen and implement the domestic industrial base for rare earth metallization related to
permanent magnet production and related projects.”217 Sections 1411 through 1415 of the
legislation addressed various matters related to the National Defense Stockpile.218 Section 1414
authorized the National Defense Stockpile Manager to use the funding to acquire seven specific
materials and any additional materials identified as stockpile requirements.219 Section 8034 of the
Department of Defense Appropriations Act, 2023 provided $93.5 million for the fund.220
Defense Health Program
DOD’s Defense Health Program is part of a system that serves 9.6 million eligible beneficiaries
including servicemembers, retirees, and dependents—making it one of the largest health care
institutions in the country.221 DOD requested $36.9 billion in discretionary funding for the
department’s Defense Health Program, the largest part of the Unified Medical Budget (UMB),
and certain other activities in FY2023, mostly for private-sector care.222 The department attributed
a slight increase in requested overall UMB funding in part to rising healthcare costs in the private
sector; it also anticipated decreasing requirements related to Coronavirus Disease 2019 (COVID-
19).223 The department previously proposed reducing medical military end-strength to better align
the workforce with operational requirements.224 For FY2023, the department proposed delaying

see CRS In Focus IF11543, Defense Primer: The Defense Logistics Agency, by Cameron M. Keys; and CRS Report
R47833, Emergency Access to Strategic and Critical Materials: The National Defense Stockpile, by Cameron M. Keys.
214 DOD, Department of Defense Revolving Funds, Justification/Overview Fiscal Year 2023 Budget Estimates, April
2022, at
https://comptroller.defense.gov/Portals/45/Documents/defbudget/fy2023/budget_justification/pdfs/06_Defense_Workin
g_Capital_Fund/DoD_Revolving_Funds_J-Book_fy2023.pdf. p. 41. For more information on DOD working capital
funds, see CRS In Focus IF11233, Defense Primer: Defense Working Capital Funds, by Cameron M. Keys and
Brendan W. McGarry.
215 Ibid.
216 FY2023 NDAA explanatory statement, p. 2327.
217 Ibid.
218 P.L. 117-263, §§1411-1415; 136 Stat. 2869-2873.
219 Ibid., §1414; 136 Stat. 2873. For more information on this provision, see CRS Insight IN12041, FY2023 NDAA:
National Defense Stockpile, by Luke A. Nicastro and Andrew Tilghman.
220 P.L. 117-328, §8034; 136 Stat. 4594.
221 For additional information, see CRS In Focus IF10530, Defense Primer: Military Health System, by Bryce H. P.
Mendez.
222 DOD, Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer, April 2022, Defense Budget
Overview, United States Department of Defense, Fiscal Year 2023 Budget Request, p. 4-27. The DHP is part of a larger
Unified Medical Budget of $55.8 billion, which excludes an additional $12.6 billion in Treasury receipts for Medicare-
eligible retirees. For more information on the Military Health System, see CRS In Focus IF12087, FY2023 Budget
Request for the Military Health System, by Bryce H. P. Mendez.
223 Ibid., p. 4-27.
224 See, for example, CRS Insight IN11115, DOD’s Proposal to Reduce Military Medical End Strength, by Bryce H. P.
Mendez.
Congressional Research Service

31

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

planned medical military end-strength reductions by a year to “adjust divestiture ramps to address
any updates in operational plans and/or national security and defense strategies and match
congressional direction, while also integrating mitigation plans between the Services and the
Defense Health Agency.”225
The enacted FY2023 NDAA authorized $36.9 billion in discretionary funding for the
department’s Defense Health Program and certain other activities—$74.6 million, or 0.2%, less
than requested, with less funding authorized than requested for consolidated health support and
in-house care, among other categories.226
Medical End-Strength
Section 741 of the enacted FY2023 NDAA prohibited the Secretary of Defense and the
secretaries of the military departments from reducing military medical end-strength
authorizations, with certain exceptions.227
TRICARE for Reservists
Section 702 of the enacted FY2023 NDAA extended certain transitional health care benefits to
National Guard members separating from a period of more than 30 consecutive days of full-time
Guard duty in response to a national emergency.228 Section 707 of the legislation authorized the
Secretary of Defense to conduct a study on the feasibility and potential cost effects of expanding
eligibility for a premium-based health plan called TRICARE Reserve Select (TRS) and dental
insurance through the TRICARE Dental Program (TDP) to all Selected Reserve members, their
dependent family members, and nondependent children under 26 years old.229
Military Abortion Restrictions
The enacted FY2023 NDAA did not include legislation introduced in the House and the Senate
(H.R. 7945 and S. 4354, respectively) to repeal 10 U.S.C. §1093, which restricts the use of DOD
funds and facilities to perform certain abortions.230
Military Construction (MILCON) and Related Matters231
The NDAA typically authorizes appropriations for DOD military construction (MILCON) and
family housing programs, projects, and activities in Division B of the legislation. DOD military
construction accounts fund military construction projects; major infrastructure improvements;

225 DOD, Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer, April 2022, Defense Budget
Overview, United States Department of Defense, Fiscal Year 2023 Budget Request, pp. 4-28 to 4-29.
226 FY2023 NDAA explanatory statement, p. 2329.
227 P.L. 117-263, §741; 136 Stat. 2676.
228 Ibid., §702; 136 Stat. 2647.
229 Ibid., §707; 136 Stat. 2652. For more information on this provision and the previous provision, see CRS Insight
IN11991, FY2023 NDAA: TRICARE for Reservists, by Bryce H. P. Mendez.
230 For more information on these bills and related provisions, see CRS Insight IN11960, FY2023 NDAA: Military
Abortion Policies, by Kristy N. Kamarck and Bryce H. P. Mendez.
231 This section was coordinated with Andrew Tilghman, Analyst in U.S. Defense Infrastructure Policy. For more
information on MILCON and family housing provisions in proposed versions of the FY2023 NDAA, see CRS Insight
IN11993, FY2023 NDAA: Military Construction Authorizations, by Andrew Tilghman and CRS Insight IN12033,
FY2023 NDAA: Military Housing, by Andrew Tilghman.
Congressional Research Service

32

link to page 37

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

land acquisition; construction and operation of military family housing;232 privatized housing
through the Family Housing Improvement Fund and the Military Unaccompanied Housing
Improvement Fund; construction and environmental cleanup projects required by the base closure
and realignment commission (BRAC) process; and contributions to the North Atlantic Treaty
Organization (NATO) Security Investment Program, which funds infrastructure projects and cost-
sharing expenses for collective defense.233
Compared to the $12.15 billion requested for MILCON projects in Division B, the enacted
NDAA authorized $19.49 billion—$7.33 billion (60.3%) more than requested.234 The legislation
authorized changes to 334 (62%) of 532 MILCON line items.235 These adjustments included
increases or additions to 306 line items totaling $9.6 billion.236 These changes were partially
offset by decreases to 28 line items totaling $2.2 billion.237
Figure 7 shows MILCON line items in the enacted FY2023 NDAA with the largest authorized
changes, in terms of dollar value, from requested amounts.
Figure 7. Changes to Requested Funding Authorizations for Selected Military
Construction (MILCON) Line Items in the FY2023 NDAA
(in millions of dollars of budget authority)

Source: CRS analysis of the explanatory statement accompanying P.L. 117-263 in U.S. Congress, House
Committee on Armed Services, James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Legislative

232 For more background on military family housing, see CRS Report R47728, Military Housing, by Andrew Tilghman.
233 For additional background and analysis, see CRS Report R46965, The Department of Defense (DOD) Budget: An
Orientation, by Pat Towell. For more information on the military construction process, see CRS Report R44710,
Military Construction: Authorities and Processes, by Andrew Tilghman. For more background and analysis of military
housing programs, see CRS Report R47728, Military Housing, by Andrew Tilghman.
234 FY2023 NDAA explanatory statement, pp. 2170-2171.
235 CRS analysis of ibid., pp. 2330-2361.
236 Ibid.
237 Ibid.
Congressional Research Service

33

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Text and Joint Explanatory Statement to Accompany H.R. 7776, P.L. 117-263, Book 2 of 2, committee print, 118th
Congress, 1st sess., January 2023, 50-665, pp. 2330-2361.
Notes: MCA is Military Construction, Army; MCN is Military Construction, Navy; MCAF is Military
Construction, Air Force; MCDW is Military Construction, Defense-Wide; FHA is Family Housing, Army; INC is
increment; MCB is Marine Corps Base; MCAS is Marine Corps Air Station; MCAGC Marine Corps Air Ground
Combat Center; NAS is Naval Air Station.
Selected Adjustments to MILCON Projects
The largest authorized additions to MILCON line items were to cover the effects of inflation on
MILCON projects, including the costs associated with completing Army, Navy, Air Force, and
Defense-Wide projects from FY2021, FY2022, and FY2023.238 Other large authorized additions
included:
• $421 million for the Air Force to complete a joint intelligence analysis complex
at Royal Air Force Molesworth in the United Kingdom;239
• $235 million for the Air Force to complete natural disaster recovery efforts at
Offutt Air Force Base, NE, following the 2019 flood that damaged the
installation;240 and
• $141.5 million for the Navy to construct an advanced helicopter training system
hangar at Naval Air Station Whiting Field, FL.241
The largest authorized decreases to MILCON line items included:
• $329 million less funding than requested for the Defense-Wide Energy Resilience
and Conservation Investment Program (the legislation instead authorized
amounts on an installation-by-installation basis);242
• $200 million less than requested for the Navy to construct a Nuclear Regional
Maintenance Facility at Naval Submarine Base Kings Bay, GA;243 and
• $175 million less than requested for the Navy to incrementally replace Dry Dock
3 at Joint Base Pearl Harbor-Hickam, HI.244
The Biden Administration said authorizing funding for MILCON projects at levels less than
requested runs contrary to the policy of fully funding such projects and, in effect, creates an
unfunded obligation that requires future funding.245

238 See, for example, ibid., p. 2333.
239 Ibid., p. 2341. An element of this and other authorized projects were included on unofficial versions of department
unfunded priorities lists. See, for example, FY23 Unfunded Priorities Lists website, Taxpayers for Common Sense, at
https://www.taxpayer.net/wp-content/uploads/2023/06/FY2023-Unfunded-Priorities-List.pdf. For more information on
unfunded priorities lists, see CRS In Focus IF11964, Defense Primer: Department of Defense Unfunded Priorities, by
Brendan W. McGarry.
240 Ibid., p. 2340.
241 Ibid., p. 2334.
242 Ibid., p. 2346.
243 Ibid., p. 2334.
244 Ibid., p. 2335.
245 See, for example, White House, “Statement of Administration Policy, S. 4543 – James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023,” October 18, 2022, p. 3.
Congressional Research Service

34

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

MILCON Earmarks
For MILCON accounts, the enacted NDAA authorized a combined total of $907.2 million for 41
Community Project Funding Items.246 The legislation authorized funding for a range of projects,
including the $235 million to complete natural disaster recovery efforts at Offutt Air Force Base,
NE; $89 million to acquire land and build a remote experimental site and lab in Maui, HI, for
Kirtland Air Force Base, NM; and $75.7 million for a consolidated communications facility at
Patrick Space Force Base, FL.247
Atomic Energy Defense Activities
The NDAA typically authorizes appropriations for U.S. Department of Energy (DOE) atomic
energy defense programs and other defense-related activities in Division C of the legislation.
While DOD oversees the development and operation of the missiles, ships, and aircraft that
deliver nuclear warheads, DOE’s National Nuclear Security Administration (NNSA) oversees the
development of the warheads themselves, as well as nonnuclear components (e.g., firing systems
and high explosives).248
Compared to the $29.5 billion requested in the DOE budget for atomic energy defense programs,
projects, and activities in Division C, the enacted NDAA authorized $30.3 billion—$768.6
million (2.6%) more than requested for such efforts.249 The legislation authorized changes to 25
(17%) of 149 atomic energy defense program line items. These adjustments included increases or
additions to 23 line items totaling $1.2 billion. These changes were partially offset by decreases to
two line items totaling $432 million.
Figure 8 shows atomic energy defense activities in the enacted FY2023 NDAA with the largest
changes, in terms of dollar value, from requested amounts.

246 FY2023 NDAA explanatory statement, pp. 2443-2445. CRS identified three items listed for more than one Member
and excluded these from the combined totals. For additional background and analysis on congressional earmarks, see
CRS Report RS22866, Earmark Disclosure Rules in the House: Member and Committee Requirements, by Megan S.
Lynch; and CRS Report RS22867, Earmark Disclosure Rules in the Senate: Member and Committee Requirements, by
Megan S. Lynch.
247 Ibid.
248 For more background and analysis on nuclear weapons activities, see CRS Report R47657, Energy and Water
Development Appropriations for Nuclear Weapons Activities: In Brief, by Alexandra G. Neenan and Mary Beth D.
Nikitin.
249 FY2023 NDAA explanatory statement, p. 2171.
Congressional Research Service

35

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Figure 8. Changes to Requested Funding Authorizations for Selected Atomic Energy
Defense Activities in the FY2023 NDAA
(in millions of dollars of budget authority)

Source: CRS analysis of the explanatory statement accompanying P.L. 117-263 in U.S. Congress, House
Committee on Armed Services, James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Legislative
Text and Joint Explanatory Statement to Accompany H.R. 7776, P.L. 117-263, Book 2 of 2, committee print, 118th
Congress, 1st sess., January 2023, 50-665, pp. 2362-2373.
Notes: SRS is Savannah River Site; HE is High-Explosive; PX is Pantex Plant; W80-4 ALT SLCM refers to an
alteration to the W80-4 nuclear warhead to be deployed on a new Sea-Launched Cruise Missile; LLNL is
Lawrence Livermore National Laboratory; D&D is decontamination and decommissioning; NNSA is National
Nuclear Security Administration. While the FY2023 NDAA did not authorize any funding within this account or
a separate account, the Energy and Water Development and Related Agencies Appropriations Act, 2023 (P.L.
117-328, Division D, Title III; 136 Stat. 4639), authorized a transfer of $586 mil ion, above the President’s budget
request of $417 mil ion, from the Defense Environmental Cleanup account to the Uranium Enrichment
Decontamination and Decommissioning Fund.
Savannah River Plutonium Processing Facility250
The FY2023 NNSA budget requested $700 million to modernize, or upgrade, the Savannah River
Plutonium Processing Facility, SC, to support production of plutonium pits (i.e., bowling ball-
sized hollow spheres of plutonium in a warhead that, when uniformly compressed, cause a
nuclear explosion).251 The project, which involves repurposing a partially completed facility to

250 This section was coordinated with Mark Holt, Specialist in Energy Policy.
251 U.S. Department of Energy (DOE), Department of Energy, FY 2023 Congressional Budget Request, National
Nuclear Security Administration, Federal Salaries and Expenses, Weapons Activities, Defense Nuclear
Nonproliferation, Naval Reactors, April 2022, Office of Chief Financial Officer, Volume 1, p. 246, at
(continued...)
Congressional Research Service

36

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

achieve a production target of 50 plutonium pits per year, is part of a broader effort to reconstitute
pit production fabrication facilities at Savannah River and Los Alamos National Laboratory, NM,
to produce a combined total of at least 80 pits per year by around 2030.252 The legislation
authorized $500 million more than NNSA requested to modernize the Savannah River Plutonium
Processing Facility, SC.253 The authorized increases included $200 million for long lead
procurement (i.e., materials purchased in advance) of gloveboxes (i.e., specialized enclosures to
protect workers handling nuclear materials), $165 million for demolition of a building used to
produce a type of nuclear fuel known as mixed oxide (MOX), $100 million for long lead items
(i.e., materials purchased in advance), and $35 million for site preparation work.254
W80-4 Warhead for Nuclear Sea-Launched Cruise Missile (SLCM-N)255
The legislation authorized $20 million in unrequested funding for the NNSA to continue research
and development of an alteration to the W80-4 nuclear warhead that could be deployed by the
Navy on a new Sea-Launched Cruise Missile (W80-4 ALT SLCM).256 The Biden Administration
“strongly” opposed authorizing funding for both the nuclear sea-launched cruise missile (SLCN-
N) and its associated warhead, given what is asserted was “sufficient current and planned
capabilities for deterring an adversary’s limited nuclear use.”257
Uranium Enrichment Decontamination and Decommissioning Fund258
The FY2023 President’s budget requested $6.9 billion for the DOE’s Office of Environmental
Management, including $417.0 million for transfer to the Uranium Enrichment Decontamination
and Decommissioning Fund.259 The fund, authorized in 1992 in part to pay for closure and
cleanup of federal uranium enrichment plants,260 falls outside the national defense budget
function.261 In the report accompanying the SASC-reported version of the FY2023 NDAA, the
committee recommended not authorizing the $417 million requested for transfer to the fund and,
noting similar legislative language adopted in the past, stated, “the Administration should propose
to directly contribute to this fund rather than use the Office of Environmental Management’s

https://www.energy.gov/sites/default/files/2022-05/doe-fy2023-budget-volume-1.pdf. See also Los Alamos National
Laboratory, Pit production explained, December 13, 2021, at https://discover.lanl.gov/publications/national-security-
science/2021-winter/pit-production-explained/.
252 Ibid. See also GAO, Nuclear Weapons: NNSA Does Not Have a Comprehensive Schedule or Cost Estimate for Pit
Production Capability, GAO-23-104661, January 12, 2023, at https://www.gao.gov/products/gao-23-104661.
253 FY2023 NDAA explanatory statement, p. 2364.
254 Ibid.
255 This section was coordinated with Alexandra G. Neenan, Analyst in U.S. Defense Acquisition Policy.
256 Ibid., p. 2363.
257 White House, “Statement of Administration Policy, S. 4543 – James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023,” October 18, 2022, p. 5.
258 This section was coordinated with Lance N. Larson, Analyst in Environmental Policy.
259 DOE, Department of Energy, FY 2023 Congressional Budget Request, Environmental Management, April 2022,
Office of the Chief Financial Officer, Volume 6, p. 4, https://www.energy.gov/sites/default/files/2022-09/doe-fy2023-
budget-volume-6-em-v3.pdf.
260 The Energy Policy Act of 1992 (P.L. 102-486; Title XI). For more information on the fund, see CRS In Focus
IF11372, Uranium Enrichment Decontamination and Decommissioning Fund: Status and Funding Issues, by Lance N.
Larson.
261 OMB, President’s Budget website, Supplemental Materials, Public Budget Database, Budget Authority spreadsheet,
at https://www.whitehouse.gov/wp-content/uploads/2023/03/budauth_fy2024.xlsx.
Congressional Research Service

37

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

budget as a contribution source.”262 While the FY2023 NDAA did not authorize any funding
within this account or a separate account, the Energy and Water Development and Related
Agencies Appropriations Act, 2023 authorized a transfer of $586 million, above the President’s
budget request of $417 million, from the Defense Environmental Cleanup account to the Uranium
Enrichment Decontamination and Decommissioning Fund.263

262 S.Rept. 117-130, p. 363.
263 P.L. 117-328, Division D, Title III; 136 Stat. 4639.
Congressional Research Service

38

link to page 43 link to page 43 link to page 43 link to page 43 link to page 43 link to page 43 link to page 43 link to page 43 link to page 43 link to page 43 link to page 43 link to page 43 link to page 43 link to page 43 link to page 43 link to page 43 link to page 43 link to page 43 link to page 43 link to page 43 FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Appendix. Selected Historical Data
Table A-1 shows the change from requested to authorized funding in the NDAA over the past
decade.
Table A-1. Requested and Authorized Funding in the NDAA, FY2014-FY2023
(in billions of dollars of discretionary budget authority)
Public Law
Change from
Change from
Fiscal Year
(P.L.)
Request
Authorized
Request ($)
Request (%)
2014
P.L. 113-66
$625.15a
$625.14a
-$0.01
0.0%
2015
P.L. 113-291
$577.15b
$577.15b
$0.00
0.0%
2016
P.L. 114-92
$604.21c
$599.21c
-$5.00
-0.8%
2017
P.L. 114-328
$607.98d
$611.17d
$3.19
0.5%
2018
P.L. 115-91
$665.72e
$692.10e
$26.38
4.0%
2019
P.L. 115-232
$708.11f
$708.10f
-$0.01
0.0%
2020
P.L. 116-92
$741.93g
$729.93g
-$12.0
-1.6%
2021
P.L. 116-283
$731.61h
$731.61h
$0.00
0.0%
2022
P.L. 117-81
$743.09i
$768.21i
$25.12
3.4%
2023
P.L. 117-263
$802.36j
$847.32j
$44.96
5.6%
Source: CRS analysis of funding tables in conference reports or explanatory statements accompanying National
Defense Authorization Acts. Amounts include funding for Department of Defense-Military, atomic energy
defense programs, defense-related activities and, from FY2014 to FY2021, funding designated for Overseas
Contingency Operations (OCO).
Note: Dol ars rounded to nearest hundredth; percentages rounded to nearest tenth. The “% Change" column is
the percentage change between authorized and requested amounts. Links to reports or explanatory statements
are embedded in the page numbers below.
a. Explanatory statement to accompany the National Defense Authorization Act for Fiscal Year 2014 (P.L.
113-66) in Committee Print No. 2, December 2013, p. 780;
b. Explanatory statement to accompany the National Defense Authorization Act for Fiscal Year 2015 (P.L.
113-291) in Committee Print No. 4, December 2014, p. 994;
c. Explanatory statement to accompany the National Defense Authorization Act for Fiscal Year 2016 (P.L.
114-92) in Committee Print No. 2, November 2015, p. 887;
d. Conference report (H.Rept. 114-840) to accompany the National Defense Authorization Act for Fiscal Year
2017 (P.L. 114-328), p. 1332;
e. Conference report (H.Rept. 115-404) to accompany the National Defense Authorization Act for Fiscal Year
2018 (P.L. 115-91), p. 1111;
f.
Conference report (H.Rept. 115-863) to accompany the National Defense Authorization Act for Fiscal Year
2019 (P.L. 115-232), p. 1143;
g. Conference report (H.Rept. 116-333) to accompany the National Defense Authorization Act for Fiscal Year
2020 (P.L. 116-92), p. 1545;
h. Conference report (H.Rept. 116-617) to accompany the National Defense Authorization Act for Fiscal Year
FY2021 (P.L. 116-283), p. 1938;
i.
Explanatory statement to accompany the National Defense Authorization Act for Fiscal Year 2022 (P.L.
117-81) in Part 2 of the House section of the Congressional Record, December 7, 2021, p. H7364;
j.
Explanatory statement to accompany P.L. 117-263 in U.S. Congress, House Committee on Armed Services,
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Legislative Text and Joint Explanatory
Statement to Accompany H.R. 7776, P.L. 117-263, Book 2 of 2, committee print, 118th Congress, 1st sess.,
January 2023, 50-665, p. 2172.
Congressional Research Service

39

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Figure A-1 shows the number of days between the start of the fiscal year and enactment of the
annual defense authorization act since FY1977, when the federal government transitioned to a
fiscal year beginning October 1, 1976.
Figure A-1. Days between Start of Fiscal Year and Enactment of Annual Defense
Authorization Acts, FY1977-FY2023
(in days)

Source: CRS analysis of dates of enactment of public law from CRS Report 98-756, Defense Authorization and
Appropriations Bills: FY1961-FY2021, by Barbara Salazar Torreon and Sofia Plagakis; P.L. 117-81; and P.L. 117-263
Notes: Positive values indicate number of days between start of the fiscal year and enactment of annual defense
authorization acts. Thus, the figure shows that since FY1977 annual defense authorization legislation has been
enacted, on average, 43 days after the beginning of the fiscal year (i.e., early November). Negative values indicate
number of days between enactment of annual defense authorization acts and start of fiscal year. Annual defense
authorization legislation for the fiscal years 1979, 1989, 1996, 2008, 2016, and 2021 was enacted over a
presidential veto.

Author Information

Brendan W. McGarry

Analyst in U.S. Defense Budget

Congressional Research Service

40

FY2023 National Defense Authorization Act: Overview of Funding Authorizations

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.

Congressional Research Service
R47869 · VERSION 1 · NEW
41