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1 1 (December 6, 2021)

handle is hein.crs/govegst0001 and id is 1 raw text is: Updated December 6, 2021 Defense Primer: Navigating the NDAA The annual National Defense Authorization Act (NDAA) has a legacy ofregularpassage. FY2021 marked the 60th 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 FY2021 NDAA (P.L. 116-283) included 1,482 pages of policy provisions and discretionary authorizations totaling $731.6 billion. Unlike an appropriations bill, the NDAA does notprovide budget authority forthe Department of Defense (DOD). Instead, the NDAA establishes or continues defense programs, policies, projects, or activities at DOD and other federalagencies, 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, and other defense-related activities. Typically, there is a House legislative vehicle (e.g., H.R. 4350, 117th Congres s) as well as a separate Senate vehicle (e.g., S. 2792, 117th Congress); the Senate committee alternative is often proposed as an amendment to the House bill (or vice vers a). The bills typically include four divisions related to defense authorizations: * Division A. Department of Defense Authorizations; * DivisionB.Military ConstructionAuthorizations; * Division C. Department of Energy National Security Authorizations and Other Authorizations; and * Division D. Funding Tables. Partly because the NDAAis consistently enacted, the bill is frequently used as a vehicle for legislation under the jurisdiction of committees other than theHouse and Senate Committees on Armed Services (sometimes attached as other divisions). 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 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. Funding Tables Division Dprovides funding tables that specify dollar amounts authorized to be appropriated. The tables are organized by appropriation account and correspond to the associated legislative provisions. Historically, funding designated for Overseas Contingency Operations (OCO) was also specified in Division D, with each OCO table following the table that provides authorization of appropriations for regular, or base, budget requirements. What's n a Comrittee Report? In addition to providing the legislative text and funding tables that comprise the NDAA, the House Committee on Armed Services (also known as the House Armed Services Committee, or HASC) and the Senate Committee on Amrd Services (also known as the Senate Armed Services Committee, or 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 annexto the report. Unlike the bill text, committee reports are notconsideredor amended during floor proceedings. In practice, the HASC and SASCreports mirror the organization of the bills, providing a section-by-section description of the billtext (by division, title, subtitle, and section). They also include theresults ofcommittee rollcall votes, additionalviews of members of the committee, items of special interest (ISIs), costes timates, and otherrelevant information, such as a comparison to currentlaw. Section-by-Section Summaries The HASC and SASC reports each provide s ummaries of what each sectionof the proposed bill would do. Such summaries may provide additional context for the provision and may also express committee concerns or rationale behind inclusionof the provision. Items of Special Interest There are generally two types ofitems ofspecialinterest: (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 directivereport language is not legally binding, agency officials generally regardit as a congressional mandate and respond accordingly. Nondirective ISIs are statements ofthe 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, dl Fesearvti Service

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