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Defense Primer: The NDAA Process


Updated January 6, 2021


The National Defense Authorization Act (NDAA) provides
authorization of appropriations for the Department of
Defense (DOD),  nuclear weapons programs of the
Department of Energy, DOD  elements of the Intelligence
Community,  and defense-related activities at other federal
agencies. In addition to serving as an authorization of
appropriations, the NDAA establishes defense policies and
restrictions, and addresses organizational administrative
matters related to the DOD. Unlike an appropriations bill,
the NDAA   does not provide budget authority for
government  activities. Nevertheless, historically it has
provided a fairly reliable indicator of congressional
sentiment on subsequent appropriations for particular
programs.
FY2021  was the 60th consecutive fiscal year for which a
defense authorization was enacted. This regular enactment
of complex legislation for six decades depends upon close
adherence to process and consistency in procedures,
schedules, and protocols.
Committees of jurisdiction
The House  Committee on Armed  Services (HASC) and the
Senate Committee on Armed  Services (SASC) are provided
jurisdiction over all bills, resolutions, and other matters
relating to the common defense under the Rules of the
House  and Senate. Referred to as the authorizers or the
authorizing committees, the HASC and SASC each has
subcommittees that are assigned jurisdictional
responsibilities by the full committee. In the 116th
Congress, the HASC  established six subcommittees:
  *  Tactical Air and Land Forces;
  *  Military Personnel;
  *  Readiness;
  *  Seapower  and Projection Forces;
  *  Strategic Forces; and
  *  Intelligence and Emerging Threats and Capabilities.
The SASC  established seven subcommittees:
  *  Airland;
  *  Cybersecurity;
  *  Emerging  Threats and Capabilities;
  *  Personnel;
  *  Readiness and Management  Support;
  *  Seapower; and
  *  Strategic Forces.

The   NDAA Timeline
The NDAA   process begins on or about the first Monday in
February of each year, with the submission of the
President's budget request to Congress. The Administration
often submits policy proposals (requests for legislation) to


the committees of jurisdiction in conjunction with the
budget request.
The authorizing committees begin their work on the NDAA
in parallel. Both committees conduct a series of hearings on
the budget request and related matters, which typically lead
to the drafting and markup of separate bills in the House
and the Senate.
Hearings
Upon  receipt of the President's budget request, the HASC
and the SASC begin a series of posture hearings in which
the senior civilian and military leadership of the DOD, the
military services, and certain defense agencies are invited to
testify before the committees on the budget request. The
subcommittees also conduct related hearings, with a focus
on issues specific to that subcommittee's jurisdiction. For
example, the SASC may  hold a hearing with the Secretary
and Chief of Staff of the Army on that year's budget
request for the Army, and the Airland Subcommittee might
follow with a hearing specifically looking at the Army 's
ground vehicle procurement programs.
Markup
In a typical year, the committees will have reviewed the
President's budget request and associated policy proposals
and prepared authorizing legislation for markup in
committee by late April or May. These meetings are called
markups, because committee members  mark up the
legislation by considering, debating, and voting on
amendments  to the authorizing bill.
Subcommittee   Markup
In current practice, both the HASC and the SASC begin the
markup  process in subcommittee, with each of the
subcommittees considering the subcommittee Chairman 's
Mark, which is a draft legislative proposal with funding
recommendations  for matters in the bill under that
subcommittee's jurisdiction. At completion of markup, each
subcommittee votes to report the proposal, as amended, to
the full committee.

Full Committee  Markup
Once the subcommittees have all finalized their markups,
the full committee convenes to consider, debate, and vote
on amendments  to each of the subcommittee marks. During
full committee markup, the full committee Chairman 's
Mark, which contains legislation and funding
recommendations  for matters that are not assigned to a
specific subcommittee, is considered, debated, and voted
on. The full committee Chairman's Mark addresses a
variety of cross-cutting issues such as general defense
policy, matters related to the organization and management
of the DOD, acquisition and industrial base policy, and
matters related to foreign nations and Overseas
Contingency Operations (OCO).


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