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Defense Primer: The NDAA Process


The National Defense Authorization Act (NDAA) provides
authorization of appropriations for the Department of
Defense (DOD),  nuclear weapons programs of the
Department of Energy, and other defense-related activities.
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.
FY2024  was the 63rd consecutive fiscal year for which a
defense authorization was enacted. This regular enactment
of legislation for more than six decades depends upon
adherence to process and consistency in procedures,
schedules, and protocols.
Committees of jurisdiction
The House  Committee on Armed  Services (also known as
the House Armed  Services Committee, or HASC) and the
Senate Committee on Armed  Services (also known as the
Senate Armed  Services Committee, or SASC) have
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 the SASC each has
subcommittees that are assigned jurisdictional
responsibilities by the full committee. In the 118th
Congress, the HASC  established seven subcommittees:
  *  Cyber, Information Technologies, and Innovation;
  *  Intelligence and Special Operations;
  *  Military Personnel;
  *  Readiness;
  *  Seapower  and Projection Forces;
  *  Strategic Forces ; and
  *  Tactical Air and Land Forces.
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, though the


Updated February 1, 2024


submission is sometimes delayed. The Administration often
submits policy proposals (i.e., requests for legislation) to
the committees of jurisdiction in conjunction with the
budget request. DOD periodically submits packages of
legislative proposals for inclusion in the NDAA.
The authorizing committees begin their work on the NDAA
in parallel with one another. 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.

Fuli 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 also 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

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