H.R. 8800
National Defense Authorization Act for Fiscal Year 2027
Sponsor: Mike Rogers
1 cosponsor
Official summary
Written by the Congressional Research Service.
National Defense Authorization Act for Fiscal Year 2027
This bill sets forth policies and authorities for FY2027 for Department of Defense (DOD) programs, activities, and military construction as well as the national security programs of the Department of Energy (DOE).
Among other elements, the bill
- authorizes the procurement of various items, including aircraft and ships;
- sets active duty and reserve component personnel strength levels;
- sets policy regarding various aspects of military health care and military compensation;
- sets policy regarding DOD acquisitions and acquisition management, including contracting authorities and the acquisition workforce;
- sets policy for various matters related to DOD interactions with foreign nations, including matters concerning Israel, Europe, and the Indo-Pacific;
- sets policy for various matters related to DOD cybersecurity and artificial intelligence;
- requires DOD to include projected demand for foreign military sales in certain contexts, including munitions production planning, sustainment planning for major defense acquisition programs, and decisions regarding production rate increases of defense articles;
- requires DOD to establish an expedited qualification process for new domestic and allied sources of certain strategic materials, including specified metals, alloys, oxides, and magnets;
- authorizes specified military construction projects and extends the authorization of certain projects from previous fiscal years; and
- authorizes the National Nuclear Security Administration, Defense Nuclear Facilities Safety Board, Naval Petroleum Reserves, and Maritime Administration.
For additional information on the National Defense Authorization Act (NDAA) see
- In Focus IF10516, Defense Primer: Navigating the NDAA, and
- In Focus IF10515, Defense Primer: The NDAA Process.
Text of the bill
A Department of Defense Authorizations
I Procurement
A Authorization of Appropriations
B Army Programs
C Navy Programs
D Air Force Programs
E Defense-wide, Joint, and Multiservice Matters
II RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
A Authorization of Appropriations
B Program Requirements, Restrictions, and Limitations
C Plans, Reports, and Other Matters
III Operation and Maintenance
A Authorization of Appropriations
B Energy and Environment
C Logistics and Sustainment
D Reports
E Other Matters
IV MILITARY PERSONNEL AUTHORIZATIONS
A Active Forces
B Reserve Forces
C Authorization of Appropriations
V MILITARY PERSONNEL POLICY
A Officer Policy and Reserve Component Management
B Recruitment, General Service Authorities and Prohibitions, and Military Records
C Member Training
D Member Education
E Military Justice
F Investigations and Other Legal Matters
G Career Transition
H Family Programs, Child Care, and Dependent Education
I Decorations and Awards
J Other Matters and Miscellaneous Reports
K Military Chaplains Modernization Act of 2026
VI MILITARY COMPENSATION AND OTHER BENEFITS
A Bonus and Incentive Pays
B Allowances
C Leave
D Family and Survivor Benefits
E Defense Resale Matters
F Other Benefits, Reports, and Briefings
VII Health Care Provisions
A TRICARE and Other Health Benefits
B Health Care Administration
C Studies, Reports, and Other Matters
VIII Acquisition Policy, Acquisition Management, and Related Matters
A Acquisition Policy and Management
Where this section came from
Not in the first version (Introduced in House, May 13).
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Jun 15, 2026 · Reported in House Marked up by House Committee on Armed Services, Jun 4 Reported by House Committee on Armed Services, Jun 15 Committee members' individual votes aren't in our records.
What is a markup?
A markup is a committee meeting where members go through a bill and vote on changes before sending it to the full chamber.
(a) In general. Chapter 205 of title 10, United States Code, is amended by inserting after section 3105 the following new sections:
3105a. Portfolio acquisition executives: performance management authorities with respect to contractors
(a) Performance management authorities. Each portfolio acquisition executive shall, with respect to contractors under the defense acquisition programs assigned to such executive, have the following authorities:
(1) To issue a performance improvement notice to any contractor that, as documented in any contractor past performance database used by the Department of Defense, has received a rating indicating a deficiency (such as marginal or unsatisfactory) in two or more consecutive assessment periods, or in three or more assessment periods within a period of five years. Such a notice shall specify, with particularity, the deficiencies identified in such ratings and shall establish measurable corrective action benchmarks and a remediation period not to exceed 180 days. The portfolio acquisition executive shall ensure that the notice is provided contemporaneously to the contractor and the component acquisition executive or service acquisition executive of the military department concerned, as applicable, and is documented in any contractor past performance database used by the Department.
(2) To initiate a contract restructuring action, including an action to adjust a performance metric, milestone schedule, deliverable specification, or associated incentive fee structure, without the prior approval of the component acquisition executive or the service acquisition executive of the military department concerned, as long as the total value of the restructured contract does not exceed any applicable threshold. The portfolio acquisition executive shall provide written notification to the component acquisition executive or service acquisition executive, as applicable, not later than 15 days after initiating such an action.
(3) To recommend to the component acquisition executive or the service acquisition executive of the military department concerned that a contract be terminated for cause. The service acquisition executive shall act on such recommendation, or determine not to act on such recommendation, not later than 30 days after receiving the recommendation.
(b) Responsibilities of component acquisition executive or service acquisition executive. In a case in which the component acquisition executive or service acquisition executive, as applicable, overrides the issuance of a performance improvement notice under subsection (a)(1), overrides a contract restructuring action under subsection (a)(2), or determines not to act on a recommendation under subsection (a)(3), the component acquisition executive or service acquisition executive, as applicable, shall—
(1) not later than 15 days after such override or determination, make a written documentation of the override or determination that cites the specific statutory, regulatory, or policy basis for the override or determination; and
(2) provide a copy of such written documentation to the portfolio acquisition executive and the Under Secretary of Defense for Acquisition and Sustainment.
(c) Limitation. This section does not—
(1) authorize a portfolio acquisition executive to terminate a contract for cause without the approval of the component acquisition executive or service acquisition executive, as applicable; or
(2) supersede any right of the contractor to notice and opportunity to respond under applicable provisions of law or regulation.
(d) Guidance. The Under Secretary of Defense for Acquisition and Sustainment shall issue guidance for the implementation of this section.
(e) Annual report. On an annual basis, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with each component acquisition executive and service acquisition executive, shall submit to the congressional defense committees a report on the exercise of authorities under this section. The report shall include—
(1) a consolidated list of all actions taken by a portfolio acquisition executive under paragraphs (1), (2), and (3) of subsection (a);
(2) a consolidated list of all overrides and determinations by a component acquisition executive or service acquisition executive under subsection (b); and
(3) an assessment of the effectiveness of the actions taken under paragraphs (1), (2), and (3) of subsection (a).
3105b. Portfolio acquisition executives: defense-wide framework of contractor performance metrics
(a) Framework required. The Under Secretary of Defense for Acquisition and Sustainment, in consultation with each component acquisition executive and service acquisition executive, shall establish a framework of contractor performance metrics to be used by all portfolio acquisition executives of the Department of Defense. The framework shall—
(1) specify metrics that must be used by each portfolio acquisition executive to assess each defense acquisition program assigned to such executive;
(2) for each such metric, establish minimum thresholds for reporting; and
(3) provide for consistency and comparability of contractor performance data across the Department while preserving the flexibility of each portfolio acquisition executive to tailor specific indicators and thresholds to the defense acquisition programs assigned to such executive.
(b) Categories required. The framework required by subsection (a) shall include metrics in each of the following categories:
(1) Cost performance. Metrics relating to variance from the approved cost baseline, including estimate at completion versus budget at completion, undefinitized contract action definitization rate, and cost overrun recurrence.
(2) Schedule performance. Metrics relating to adherence to milestones, including delivery delays measured in days against the approved program baseline and frequency of approved re-baselining.
(3) Technical performance. Metrics relating to achievement of key performance parameters at applicable program milestones and deficiency closure rates.
(4) Sustainment readiness. Metrics relating to mission capable rate contribution, mean time between failures relative to contractual specifications, and materiel backorder rate.
(5) Contract management. Metrics relating to the assignment and distribution of ratings in the contractor past performance database used by the Department, rates of compliance with corrective action plans, and competitive re-compete rates.
(6) Other categories. Any other categories that the Under Secretary of Defense for Acquisition and Sustainment considers appropriate.
(c) Additional tailored metrics. Each portfolio acquisition executive shall—
(1) for each category established under subsection (b), develop additional metrics and thresholds tailored to the defense acquisition programs assigned to such portfolio acquisition executive;
(2) submit such additional metrics and thresholds to the Under Secretary of Defense for Acquisition and Sustainment; and
(3) upon approval of the Under Secretary of Defense for Acquisition and Sustainment, file such additional metrics and thresholds with the Office of the Under Secretary of Defense for Acquisition and Sustainment.
(d) Submission to committees and Comptroller General. The Under Secretary of Defense for Acquisition and Sustainment shall submit any metrics and thresholds approved under subsection (c)(3)—
(1) to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than 30 days after approving such metrics and thresholds; and
(2) to the Comptroller General upon request.
(e) Annual review. The Under Secretary of Defense for Acquisition and Sustainment shall review the framework under subsection (a) not less frequently than annually and shall update the framework as necessary to reflect changes in acquisition policy, program structure, or operational requirements.
(f) Relationship to acquisition workforce performance objectives
(1) The Under Secretary of Defense for Acquisition and Sustainment shall ensure that the metrics and thresholds under this section—
(A) are distinct from, and shall be administered consistent with and separately from, the key performance objectives established under section 826 of the National Defense Authorization Act for Fiscal Year 2026 (10 U.S.C. 1722b note) for evaluating the performance of civilian members of the acquisition workforce; and
(B) complement, and do not conflict with, the integration of such key performance objectives into performance management systems of the Department.
(2) This section does not require the assessment of the individual performance of any member of the acquisition workforce.
3105c. Portfolio acquisition executives: authority to designate contractors for high performer preference
(a) Authority to designate. Each portfolio acquisition executive shall, with respect to contractors under the defense acquisition programs assigned to such executive, have the authority to designate a contractor for the high performer preference for purposes of this section if the contractor—
(1) as documented in the contractor past performance database used by the Department of Defense, has received a rating of exceptional or very good for not fewer than three consecutive assessment periods under the defense acquisition programs assigned to such executive; and
(2) has met or exceeded all key performance parameters applicable to such programs during such period.
(b) Documentation. The portfolio acquisition executive shall make a designation under subsection (a) in writing, ensure that it is documented in any contractor past performance database used by the Department, and report the designation not later than 30 days after making the designation to the Under Secretary of Defense for Acquisition and Sustainment and the component acquisition executive or service acquisition executive of the military department concerned, as applicable.
(c) Duration; revocation
(1) Except as provided in paragraph (2), a designation under subsection (a) shall remain in effect for a period not to exceed three years from the date on which the designation is made, at which time a new designation under subsection (a) may be made if the requirements of subsection (a) are met.
(2) A portfolio acquisition executive may revoke a designation under subsection (a) at any time upon a determination that the contractor no longer satisfies a requirement in subsection (a). The portfolio acquisition executive shall make the revocation in writing, ensure that it is documented in any contractor past performance database used by the Department, and report the revocation not later than 30 days after making the revocation to the Under Secretary of Defense for Acquisition and Sustainment and the component acquisition executive or service acquisition executive of the military department concerned, as applicable.
(d) Effect of designation. In any competitive source selection conducted under the defense acquisition programs assigned to a portfolio acquisition executive that has made a designation under subsection (a) that remains in effect, the contracting officer shall assign to any offeror with such a designation a past performance confidence rating of substantial confidence, except in a case in which the contracting officer determines, for specific documented reasons supported by specific performance data, to assign a lower past performance rating. In such a case, the contracting officer shall document in writing such determination, such reasons, and such data.
(e) Limitations. A designation under subsection (a) shall not—
(1) constitute a sole-source justification or otherwise relieve the contracting officer of the obligation to conduct full and open competition as required by applicable law, regulation, and policy; or
(2) be used to evaluate the past performance of an offeror in a source selection under a defense acquisition program not assigned to the portfolio acquisition executive that made the designation, except with the prior written concurrence of the porfolio acquisition executive to whom the defense acquisition program is assigned.
(b) Implementation
(1) Guidance. The guidance required by section 3105a of title 10, United States Code, as added by this section, shall be issued not later than 180 days after the date of the enactment of this Act.
(2) Applicability. The authorities provided by sections 3105a, 3105b, and 3105c of such title, as added by this section, shall apply on and after the date on which such guidance is issued, except as provided in paragraphs (3) and (4).
(3) Reports. The first report required by section 3105a of such title shall be submitted not later than one year after the date of the enactment of this Act.
(4) Additional tailored metrics. The first set of additional tailored metrics required by section 3105b of such title shall be submitted not later than 270 days after the date of the enactment of this Act.
B Amendments to General Contracting Authorities, Procedures, and Limitations
C Provisions Relating to Acquisition Workforce Development
D Intellectual Property Matters
E Other Matters
IX Department of Defense Organization and Management
X General Provisions
A Financial Matters
B Naval Vessels and Shipyards
C Counterterrorism
D Miscellaneous Authorities and Limitations
E Studies and Reports
F Other Matters
XI Civilian Personnel
XII Matters relating to Foreign Nations
A Assistance and Training
B Matters relating to the Near and Middle East
C Matters relating to Israel
D Matters relating to Europe
E Matters relating to the Indo-Pacific
F Reports
G Other matters
XIV Other Authorizations
A Military Programs
B Other Matters
XV Cyberspace-related Matters
A Cybersecurity
B Information Technology and Artificial Intelligence
C Reports and Other Matters
XVI Space Activities, Strategic Programs, and Intelligence Matters
A Space Activities
B Defense Intelligence and Intelligence-Related Activities
C Nuclear Forces
D Missile Defense Programs
E Other Matters
F Matters Relating to Adversary Supply Chains
XVII Other Defense Matters
A Miscellaneous Authorities and Limitations
B Other Matters
C Initiating biomedical outcomes to garner advancements into innovative efficacy
D Unidentified Anomalous Phenomena Records Collection At the National Archives and Records Administration
XVIII Revitalization of the Defense Industrial Base
A Provisions to Protect and Strengthen Supply Chains
B Provisions Relating to Defense Industrial Base Manufacturing
C Organic Industrial Base
D Small Business Matters
E Defense Industrial Base Workforce Matters
F Other Matters
B Military Construction Authorizations
XXI Army Military Construction
XXII Navy Military Construction
XXIII Air Force Military Construction
XXIV Defense Agencies Military Construction
XXV International Programs
A North Atlantic Treaty Organization Security Investment Program
B Host Country In-Kind Contributions
XXVI Guard and Reserve Forces Facilities
XXVII Base Realignment and Closure Activities
XXVIII Military Construction General Provisions
A Military Construction Programs
B Military Housing Reforms
C Real Property and Facilities Administration
D Land Conveyances and Withdrawals
E Pilot Programs
F Miscellaneous Authorities
G Reports and Other Matters
C Department of Energy National Security Authorizations and Other Authorizations
XXXI Department of Energy National Security Programs
A National Security Programs and Authorizations
B Program Authorizations, Restrictions, and Limitations
C Reports and Other Matters
XXXII Defense Nuclear Facilities Safety Board
XXXIV Naval Petroleum Reserves
XXXV Maritime Administration
A Authorization of Appropriations
A Maritime Administration
B Merchant Marine Academy
C Other Matters
D Coast Guard
E Maritime Workforce and Education
XXXVI SHIPs for America
A Oversight and Accountability
B Maritime Security Trust Fund
C Sealift capability
D Vessels of the United States in international commerce
1 Strategic sealift programs
2 Cargo preference
3 Regulatory reform
E Shipbuilding
1 Shipbuilding financial incentives
2 Department of Defense Programs
3 Shipbuilding innovation and infrastructure
F Workforce Development
1 Workforce incentives
2 Workforce Pipeline
3 United States Merchant Marine Academy and State maritime academies
4 Maritime Credentialing Modernization
D Funding Tables
XLI Procurement
XLII Research, Development, Test, and Evaluation
XLIII Operation and Maintenance
XLIV Military Personnel
XLV Other Authorizations
XLVI Military Construction
XLVII Department of Energy National Security Programs
E SAVE America Act