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n             PCongressienal Research Service

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Defense Primer: The NDAA Process


November 28, 2016


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 the DOD elements of the
Intelligence Community. 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.
Enactment of the annual NDAA has come to be expected,
as the FY2016 NDAA was the 54th consecutive defense
authorization act to be enacted. This regular enactment of
complex legislation for over five decades illustrates,
engenders, and is dependent on 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 are each
organized around subcommittees that are assigned
jurisdictional responsibilities by the full committee. In the
114'h Congress, the HASC established seven
subcommittees.
    *   Tactical Air and Land Forces
    *   Military Personnel
    *   Seapower and Projection Forces
    *   Strategic Forces
    *   Readiness
    *   Emerging Threats and Capabilities
    *   Oversight and Investigations
Similarly, the SASC established six subcommittees.
    *   Airland
    *   Personnel
    *   Seapower
    *   Strategic Forces
    *   Readiness and Management Support
    *   Emerging Threats and Capabilities

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 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 will 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 will convene 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.

Common HASC Committee Practices
The NDAA, in recent years, has included more than 1,000
pages of legislation and authorization of more than $600


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