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Explainer: What is the NDAA and why should you care about it?

By Concerned Veterans for America

Explainer: What is the NDAA and why should you care about it?

One of the biggest pieces of legislation you might not have heard about this year amid all the news about the budget reconciliation debate is the National Defense Authorization Act, which recently passed the House.

The NDAA is the country’s annual defense spending authorization bill, setting our military budget for the next year. Though lawmakers are getting to it later than normal this year, the Senate is expected to vote on its own version in roughly a month, followed by a conference committee – a group of members from both the House and Senate – combining the two versions into one final bill.

But what exactly is in the NDAA? How does it work? And why does it matter?

Here are some answers to those and other frequently asked questions.

What is the NDAA?

As the annual bill authorizing defense spending for the following year, effectively crafting and passing the NDAA is one of the most important yearly responsibilities of Congress and influences the U.S.’ ability to carry out various strategies for years to come.

When it comes to spending, authorizations are Congress’ traditional way of allowing future actual spending, or appropriations. So rather than a spending bill, we can think of the NDAA like a permission-to-spend bill. But because defense appropriations closely follow the NDAA’s authorization amounts, the NDAA itself is the key forum to debate defense spending levels and priorities.

The bill is also a big opportunity for all members of Congress, not just those in traditional defense-related committees, to have an impact on our foreign policy by introducing amendments. Sometimes, these provisions, like Rep. Barbara Lee’s yearly amendment to repeal the 2002 Authorization for Use of Military Force (AUMF), can advance a more realistic and restrained foreign policy. Others, like last year’s amendment by Reps. Liz Cheney and Jason Crow, sought to make it harder for our troops to come home from Afghanistan.

That’s why what gets put in and taken out of the NDAA each year is important to keep an eye on.

What does the NDAA cover?

The NDAA authorizes appropriation of funds for the Department of Defense, along with defense activities in other federal departments and agencies (think intelligence work or nuclear programs within the Department of Energy).

That is a lot of line items to pack into one bill, and as such the text usually runs hundreds of pages.

In fiscal year 2022,  the bill includes hiring, weapons and equipment procurement, training, internal reporting on several topics, and dozens of projects within the DOD’s various agencies and service branches, such as major weapon systems assessments, ship building programs, and updates on the F-35 program. Each year, members of the House and Senate Armed Services Committees take the lead drafting these various parts of the base bill.

If DOD or defense-related programs need to be funded, they will be mentioned in the NDAA.

How does the process work?

As with most congressional processes, getting the NDAA through is complicated. But this is how it usually works:

  • The president submits a budget request to Congress. This request lays out what the administration would like to see in defense appropriations and policy.
  • The House and Senate Armed Services Committees (HASC and SASC), in this case also known as the authorizing committees, hold subcommittee hearings on the budget. All the panels will hear from military and defense leadership about what exactly they need to operate.
  • After hearings have been conducted, the full committees get started on “markup”, a process that includes discussion, amendment, and approval of the bill’s text.
  • Once the bills on either side of Congress make it out of HASC and SASC, they are scheduled for consideration on the House and Senate floors. This is when debate on the full bill begins and more amendments are considered.
  • After the House and Senate have passed their bills (or taken up the other side’s version) and added amendments, either versions bounce back and forth until both chambers have passed identical bills, or a conference committee is appointed to settle the differences.
  • When the conference committee has resolved all differences and those differences have been debated and approved by both chambers (conference reports are not amendable), the NDAA is sent to the president to sign or veto.

Along this path, there are lots of opportunities to get sidetracked or slow down the process.

How long does the NDAA take?

Obviously, getting the NDAA to the president’s desk takes a while. Typically, the president’s budget request is released in February (although it’s often delayed), the hearings take place in the early spring, markup and debate happen through the summer, and the conference committee begins reconciling the House and Senate versions in the fall. The goal is usually to get the NDAA done by the beginning of the fiscal year on October 1.

Of course, things rarely go to plan in Washington. This year, Congress will be lucky to get the NDAA done by the end of the calendar year. As this year was President Joe Biden’s first in office, the budget proposal came out late, delaying the whole process.

What is important to look out for in the NDAA?

Despite the length and complexity of the bill itself, most of the headline-making legislative action comes in the amendment process.

Hundreds of proposals each year get offered as potential amendments to the NDAA. This year members submitted over 860 amendments in the House alone. Because it’s seen as a “must-pass” bill, members sometimes try to hitch their pet projects — not all of them defense-related — to the text. Though most amendments aren’t ruled in order in the end, and fewer still get individual recorded votes, they can be important platforms for changing foreign policy.

CVA followed several amendments that got standalone votes in the House NDAA this year. Rep. Ro Khanna’s amendment to end U.S. military logistical and intelligence support for the Saudi-led war in Yemen passed in the House NDAA, showing that these proposals can help impact American strategy abroad for the better. Other amendments, such as Rep. Jamaal Bowman’s to exit Syria within a year absent a congressional authorization, and Rep. Barbara Lee’s amendment to cut $24 billion in extra spending added into the bill unfortunately failed. Nevertheless, these were well-intended reforms to put our defense on a better track.

The Senate version of the NDAA will likely also include amendments that tackle issues like repealing outdated AUMFs and reining in misuses of emergency war funding for the wrong purposes in the defense budget.

Can you have any say in the NDAA?

Yes! You can make your voice heard and contact your lawmakers about issues you want to see included as NDAA amendments in the Senate, such as cutting wasteful spending, ending the war in Iraq, and demanding accountability for the war in Afghanistan.

 

Read more about CVA’s work on reforming war powers and cutting reckless spending.