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1 1 (February 22, 2024)

handle is hein.crs/goveokb0001 and id is 1 raw text is: Defense Primer: Navigating the NDAA The annual National Defense Authorization Act (NDAA) has a history of regular passage. FY2024 marked the 63rd consecutive fiscal year for which an annual defense authorization was enacted. Many policymakers and officials view the bill as a potential legislative vehicle for a range of policy matters. The FY2024 NDAA (P.L. 118-31) included 973 pages of policy provisions and discretionary authorizations totaling $874.2 billion. Unlike an appropriations bill, the NDAA does not provide budget authority for defense-related activities. Instead, the NDAA establishes or continues defense programs, policies, projects, or activities at the Department of Defense 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. Organizatdon 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. 2670, 118th Congress) as well as a separate Senate vehicle (e.g., S. 2226, 118th Congress). The Senate committee alternative is often proposed as an amendment to the House bill (or vice versa). The bills typically include four divisions related to defense authorizations: * Division A. Department of Defense Authorizations; * Division B. Military Construction Authorizations; * Division C. Department of Energy National Security Authorizations and Other Authorizations; and * Division D. Funding Tables. Partly because the NDAA is consistently enacted, the bill is frequently used as a vehicle for legislation under the jurisdiction of committees other than the House 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, 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. Updated February 22, 2024 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. What's in a Cormittee 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 Armed 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 rationales for the committee bill, explain committee actions, and provide further guidance and directives to government agencies. The committees 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 rationales 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 rationales 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.

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