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
B Amendments to General Contracting Authorities, Procedures, and Limitations
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) Requirement for modular open system approach. Section 4401 of title 10, United States Code, is amended to read as follows:
4401. Requirement for modular open system approach
(a) Requirement. The Secretary of Defense shall ensure that a covered system to be procured is designed and developed with a modular open system approach that is appropriately tailored to—
(1) the characteristics, intended purpose, and use of the covered system;
(2) the planned service life of the covered system; and
(3) any other factors relevant to the design and development of the covered system.
(b) Assessment to inform strategy. Before designing, developing, or making a modification to a covered system, the Secretary of Defense shall conduct an assessment to identify one or more open systems objectives to be achieved by the design and development of the covered system. Such assessment shall describe how a modular open system approach would—
(1) support the objectives of the defense acquisition system established pursuant to section 3102 of this title;
(2) align with the preference for the acquisition of commercial products and commercial services in section 3453 of this title and preserve the commercial characteristics of modules that comprise the covered system;
(3) reduce the complexity of, and increase the speed by which, new technologies can be integrated into a covered system to enhance military effectiveness and responsiveness to emerging threats;
(4) enable the use of iterative development cycles and discontinue or terminate the development of capabilities—
(A) that no longer align with a capability requirement established by the Secretary of Defense; or
(B) that are experiencing significant cost growth, technical or performance deficiencies, or delays in schedule;
(5) seek to maintain a robust, resilient, and innovative defense industrial base to support requirements throughout the life cycle of the covered system;
(6) reduce schedule delays and development timelines;
(7) increase and enable interoperability of a covered system with the joint force as changes to force design evolve;
(8) enhance supply chain risk management and mitigate industrial base production capacity risks by enabling the integration of alternative sources of supply or enabling augmented production of modules throughout the life cycle of the covered system; or
(9) enable effective life-cycle management and product support of a covered system—
(A) in accordance with the requirements of section 4324 of this title; and
(B) to achieve applicable operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title) in the most cost-effective manner practicable.
(c) Architecture requirements
(1) In developing an open systems architecture for the procurement of a covered system, the Secretary shall ensure that such architecture—
(A) adequately designates and defines for the covered system—
(i) modules;
(ii) open external interfaces and open module interfaces to ensure loose coupling of modules within the covered system;
(iii) open external interfaces, including external interfaces with a host platform or other external system, in a manner that supports interoperability; and
(iv) the openness characteristics identified in subsection (d);
(B) requires the exposure and full definition of open interfaces in a manner than is most suited to achieve the open systems objectives of the covered system through—
(i) if available and suitable to achieve the open system objectives, the use, reuse, modification, or adaption of existing open systems architectures, interface standards, or widely supported or consensus-based standards that are available at no cost or under fair and reasonable license terms;
(ii) the use of commercial standards if such commercial standards are available under fair, reasonable, and non-discriminatory terms;
(iii) the use of new standards that define relationships between module interfaces and external interfaces if such standards include—
(I) the software-defined syntax and properties that specifically govern how values are validly passed and received between modules of a covered system, and between the covered system and other covered systems or a host platform, in a machine-readable format;
(II) a machine-readable definition that is compatible with Department-approved digital engineering environments and model-based systems engineering tools and defines the relationship between—
(aa) a module interface or external interface; and
(bb) existing standards or interfaces that available in the repository required by subsection (g); and
(III) documentation with functional descriptions of software-defined interfaces that conveys the semantic meaning of elements of a module interface or external interface; or
(iv) any combination of clauses (i) through (iii); and
(C) is designed and developed to accelerate the procurement and integration of commercial products as modules when suitable and appropriate.
(2) If a contractor develops a new interface standard or modifies an existing standard, and such new or modified standard is incorporated into an open systems architecture for a covered system, the Secretary shall ensure the new or modified standard is submitted to the repository required by subsection (g) and, if the Secretary determines such submission would support the open system objectives of the covered system, is made available to recognized standards bodies.
(3) The Secretary shall ensure acquisition executives and program managers consider input from private entities as early as possible to inform decisions regarding the level in the open systems architecture at which a modular open system approach will be implemented for a covered system.
(4) The open systems architecture described in this subsection shall be included in any draft and final solicitations for procurement of a covered system.
(d) Openness characteristics. Consistent with the requirements of subchapter I of chapter 275 of this title, the Secretary shall include in any draft or final solicitation for the covered system a description of the desired openness characteristics of the covered system necessary to achieve the open systems objectives identified in accordance with subsection (b) for such covered system including the following:
(1) A description of the open systems objectives identified in accordance with subsection (b).
(2) A description of the application of specifications, architectures, and standards for modularization and module interfaces and external interfaces, including open external interfaces with a host platform or other external system, to achieve such objectives.
(3) A description of the minimum technical data package elements necessary to achieve such objectives.
(4) The intended modularity and location of open interfaces.
(5) The desired license rights in module interfaces or external interfaces based on such objectives, including desired license rights to enable the replacement of a module, module interface, or external interface with an alternative or new module or interface.
(e) Disclosure required. The Secretary of Defense shall make publicly available (to the maximum extent practicable consistent with national security requirements) any standards for implementation of modular open system approaches associated with contracts for covered systems as soon as feasible before the Secretary awards a contract to procure such a covered system, unless the applicable service acquisition executive submits to the Secretary a request to delay or restrict release of such standards, including a justification for such request.
(f) Applicability to commercial products. In applying the requirements of this section to a procurement of a covered system that includes a commercial product, the Secretary of Defense shall—
(1) procure such commercial product under license terms similar to such terms that are customarily provided to the public, provided such commercial terms include or can be supplemented by the license rights necessary for designated open module interfaces or open external interfaces;
(2) when applicable, obtain the delivery of commercial software development kits with license rights necessary to support the desired openness characteristics for the covered system; and
(3) to the maximum extent practical, conduct negotiations for desired license rights in accordance with the preference for specially negotiated licenses in section 3774(c) of this title.
(g) Digital repositories for open systems architectures
(1) In general. To support the creation, use, and reuse of modular open systems approaches, the Secretary shall establish a federated set of digital repositories within the Department of Defense to store open systems architectures and related artifacts for a covered system developed in accordance with this section. The Secretary shall ensure that—
(A) the repositories incorporate cybersecurity measures consistent with Department standards;
(B) program managers, portfolio acquisition executives, and other appropriate officials of the Department of Defense have the necessary administrative control to manage assigned repositories and to establish procedures and requirements for content; and
(C) the repositories are searchable and accessible to authorized persons according to level of security clearance.
(2) Administration. The Secretary of Defense shall designate a lead organization responsible for governance, life-cycle management, standards adjudication, and configuration control of repositories established under this subsection. Such organization shall have demonstrated expertise in digital engineering environments, model-based systems engineering, and use of modular open system approaches.
(h) Definitions. In this section:
(1) The term covered system means a system that is acquired or developed under—
(A) an acquisition program of the Department of Defense; or
(B) a research and development program of the Department to address a capability requirement or joint capability requirement (as defined in section 181 of this title).
(2) The term external interface means an interface between a covered system and other elements, such as another covered system or a host platform.
(3) The term host platform means the system or environment that provides the core infrastructure, interfaces, and shared services necessary to support, integrate, and operate modular components or subsystems, while enabling their independent development, upgrade, and replacement through standardized and open interfaces.
(4) The term modular open system approach means an integrated strategy that—
(A) incorporates acquisition, business, technology, and logistics considerations; and
(B) uses an open systems architecture to achieve one or more open systems objectives.
(5) The term module means a self-contained discrete functional unit, such as hardware, software, or a combination thereof, in a discrete bundle—
(A) that can be developed, tested, and deployed independently of a module interface or external interface; and
(B) that can simultaneously interact with another self-contained discrete functional unit described in subparagraph (A) through a module interface or external interface.
(6) The term module interface means a shared boundary between modules in a covered system defined by physical, logical, or functional characteristics such as electrical, mechanical, fluidic, optical, radio frequency, data, networking, or software.
(7) The term open systems architecture means an architecture composed of a set of modules loosely coupled with other modules via open, well-defined, and verifiable interfaces, thereby enabling modules to be incrementally added, removed, or replaced throughout the life cycle of the covered system by any qualified offeror (as determined by the Secretary), including independent third parties.
(8) The term software development kit means a collection of software tools and programs such as libraries, application programming interfaces, integrated development environments, testing tools, or documentation used to create applications that are appropriate for a specific software platform.
(b) Applicability
(1) In general. The requirements of section 4401 of title 10, United States Code, as amended by this section, shall apply with respect to a contract entered into on or after the date that is 180 days after the date of the enactment of this Act.
(2) Guidance. The Secretary of Defense shall issue guidance to carry out the requirements of section 4401 of title 10, United States Code, as amended by this section in order to implement this section.
(c) Modification to rights in technical data
(1) Rights in technical data. Section 3771 of title 10, United States Code, is amended—
(A) in subsection (a)—
(i) in paragraph (2)(A), by striking or copyrights and inserting , copyrights, trade secrets,; and
(ii) by adding at the end the following new paragraph:
(3) Enforcement of certain rights. Regulations prescribed under paragraph (1) may not affect or limit any right described in paragraph (2)(A) or the ability of a contractor or subcontractor to enforce such a right against a third party that has not otherwise obtained a license for such a right from the United States or from the contractor or subcontractor.
; and
(B) in subsection (b)—
(i) by amending paragraph (3) to read as follows:
(3) Inapplicability of paragraph (2). Unless otherwise negotiated, paragraph (2) does not apply to technical data that—
(A) constitutes a correction or change to data furnished by the United States;
(B) relates to form, fit, or function (other than detailed manufacturing or process data);
(C) is necessary for operation, maintenance, installation, or training (other than detailed manufacturing or process data, including such data pertaining to a major system component); or
(D) is otherwise publicly available or has been released or disclosed by the contractor or subcontractor without restriction on further release or disclosure.
(iii) by amending paragraph (4) to read as follows:
(4) Exceptions to paragraph (2). Notwithstanding paragraph (2), unless otherwise negotiated, the United States may release or disclose technical data to persons outside the Government, or permit the use of technical data by such persons, if—
(A) such release, disclosure, or use—
(i) is necessary for emergency repair and overhaul; or
(ii) is a release or disclosure of technical data (other than detailed manufacturing or process data) to, or use of such data by, a foreign government, where such release or disclosure is in the interest of the United States and is required for evaluation or informational purposes;
(B) such release, disclosure or use is made subject to a prohibition that the person to whom the data are released or disclosed may not further release, disclose, or use such data; and
(C) the contractor or subcontractor asserting the restriction is notified of such release, disclosure, or use.
(iv) in paragraph (6)—
(I) in the paragraph heading, by striking INTERFACES and inserting MODULE INTERFACES OF AN ITEM;
(II) by inserting , in perpetuity, after government purpose rights; and
(III) by striking an interface between an item or process and other items or processes and inserting a module interface of an item; and
(v) in paragraph (7)—
(I) in the paragraph heading, by striking MODULAR SYSTEM INTERFACES and inserting EXTERNAL INTERFACES OF AN ITEM;
(II) in subparagraph (A)—
(aa) by striking paragraphs (2) and (5) and inserting paragraph (5) and except as otherwise provided by subsection (f) of section 4401 of this title,;
(bb) by inserting , in perpetuity, after government purpose rights; and
(cc) by striking modular system interface and inserting external interface of an item;
(III) in subparagraph (B), by striking modular system interface and inserting an external interface; and
(IV) in subparagraph (C), by striking modular system interface and inserting external interface of an item.
(2) Definitions. Section 3775(b) of title 10, United States Code, is amended to read as follows:
(b) Additional definitions. In this subchapter, the terms external interface, modular open system approach, and module interface have the meanings given, respectively, in section 4401 of this title.
(d) Conforming amendments
(1) Section 3791(c)(1) of title 10, United States Code, is amended—
(A) in subparagraph (A), by striking section 4401(b) of this title and inserting section 4401 of this title; and
(B) in subparagraph (D)(iv), by striking modular system interfaces (as defined in section 4401(b) of this title) and inserting module interfaces (as defined in section 4401 of this title).
(2) Section 4402 of title 10, United States Code, is repealed.
(3) Section 4403 of title 10, United States Code, is repealed.
(4) Section 4425 of title 10, United States Code, is amended to read as follows:
4425. Definitions. In this subchapter:
(1) The term major system platform means the highest level structure of a major weapon system that is not physically mounted or installed onto a higher level structure and on which a major system component can be physically mounted or installed.
(2) The term weapon system component—
(A) means a high level subsystem or assembly, including hardware, software, or an integrated assembly of both, that can be mounted or installed on a major system platform through a external system interface (as defined in section 4401 of this title); and
(B) includes a subsystem, assembly or, module that is likely to have additional capability requirements, is likely to change because of evolving technology or threat, is needed for interoperability, facilitates incremental deployment of capabilities, or is expected to be replaced by another subsystem or assembly described in subparagraph (A).
(5) Section 804 of the National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 4401 note) is repealed.
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