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Defense Primer: Navigating the P

The annual National Defense Authorization Act (NDAA)
has a legacy of regular passage. FY2019 marked the 58th
consecutive year for which an annual defense authorization
was enacted. Many defense policymakers and officials see
the bill as a reliable legislative vehicle for a range of policy
matters.
The NDAA routinely exceeds several hundred pages. It is
comprised of policy provisions and annual authorizations of
appropriations recently in excess of $700 billion. Unlike an
appropriations bill, the NDAA does not provide budget
authority for the Department of Defense (DOD). Instead,
the NDAA establishes or continues defense programs,
policies, projects, or activities at DOD and other federal
agencies, and provides guidance on how the appropriated
funds are to be used in carrying out those authorized
activities. This primer provides an overview of the structure
and organization of the NDAA.

Organization of the NDAA
The NDAA establishes policy and authorizes appropriations
for the DOD, nuclear weapons programs of the Department
of Energy, DOD elements of the Intelligence Community,
and defense-related activities at other federal agencies. The
NDAA has generally been consistent in form and
organization over time. Typically, there is a House
legislative vehicle (e.g., H.R. 5515) as well as a separate
Senate vehicle (e.g., S. 2987), though sometimes the Senate
committee alternative is proposed as an amendment to the
House bill. The bills are typically broken down into four
divisions.

*   Division A. Department of Defense Authorizations.

*   Division B. Military Construction Authorizations.

*   Division C. Department of Energy National Security
Authorizations and Other Authorizations.

*   Division D. Funding Tables.

Legislative Provisions
Divisions A, B, and C are organized by title, subtitle, and
section. For example, in Division A, Title I covers
Procurement; Title II covers Research, Development, Test,
and Evaluation (RDT&E); Title III covers Operation and
Maintenance (O&M); and so forth. Individual legislative
provisions are assigned section numbers according to title
and subtitle. A detailed table of contents (organized by
division, title, subtitle, and section number) provides a
complete list of items in the bill.

Funding Tables
Division D provides funding tables that specify dollar
amounts authorized to be appropriated. The tables are
organized by appropriation account and correspond to the
associated legislative provisions. Funding provided for


Updated November 16, 2018


Overseas Contingency Operations (OCO) is also specified
in Division D, with each OCO table following the table that
provides authorization of appropriations for base budget
requirements.

What's in a Committee Report?
In addition to providing the legislative text and funding
tables that comprise the NDAA, the House Committee on
Armed Services (HASC) and the Senate Committee on
Armed Services (SASC) each typically produce a
committee report to accompany its version of the bill. The
reports provide rationale for the committee bill, explain
committee actions, and provide further guidance and
directives to government agencies. The committee may also
prepare a classified annex to the report. Unlike the bill text,
committee reports are not considered or amended during
floor proceedings.
In practice, the HASC and SASC reports mirror the
organization of the bills, providing a section-by-section
description of the bill text (by division, title, subtitle, and
section). They also include the results of committee roll call
votes, additional views of members of the committee, items
of special interest (ISIs), cost estimates, and other relevant
information, such as a comparison to current law.

Section-by-Section Summaries
The HASC and SASC reports each provide summaries of
what each section of the proposed bill would do. Such
summaries may provide additional context for the provision
and may also express committee concerns or rationale
behind inclusion of the provision.

items of Special Interest
There are generally two types of items of special interest:
(1) ISIs that are directive; and (2) Those that are not
directive. Directive ISIs, often referred to as directive report
language, direct an individual (such as a senior DOD
official) to take a specified action by a date certain.
Although directive report language is not legally binding,
agency officials generally regard it as a congressional
mandate and respond accordingly.
Nondirective ISIs are statements of the committee's views,
concerns, opinions, or rationale for acting. For example, a
nondirective ISI may explain why the committee
recommends an increase in funding for a particular project,
or may note the committee's support for (or concern over)
actions taken by the DOD or military services.

Cost Estimates
House and Senate rules require that a report on a measure
that provides new budget authority must contain a statement
from the Congressional Budget Office (CBO) projecting the
cost of the bill for the first fiscal year affected and the four
subsequent fiscal years.


www crs.gov 17-5700

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