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1 1 (January 29, 2020)

handle is hein.crs/govbdvy0001 and id is 1 raw text is: F. , ' riE S- .-ri h ,i . i Defense Primer: Navigating the NDAA The annual National Defense Authorization Act (NDAA) has a legacy of regular passage. FY2020 marked the 59th 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. In recent years, the NDAA has included several hundred pages of policy provisions and annual authorizations of appropriations 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. ks r~4w ?2.t f thtin NDA 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. 2500) as well as a separate Senate vehicle (e.g., S. 1790), 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. Divisions A, B, and C are organized by title, subtitle, and section. For example, in Division A, Title I covers Procurement; Title II Research, Development, Test, and Evaluation (RDT&E); Title III Operation and Maintenance (O&M); Title IV Military Personnel Authorizations, 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. Division D provides funding tables that specify dollar amounts authorized to be appropriated. The tables are - mmm, go mppm qq\ , q I aS 11LULANJILiN, Updated January 29, 2020 organized by appropriation account and correspond to the associated legislative provisions. Funding provided for Overseas Contingency Operations (OCO) is also specified in Division D, with each OCO table following the table that provides authorization of appropriations for regular, or base, budget requirements. 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. 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. 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. House and Senate rules require that a report on a measure that provides new budget authority must contain a statement K~:>

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