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
C Provisions Relating to Acquisition Workforce Development
D Intellectual Property Matters
Where this section came from
Not in the first version (Introduced in House, May 13).
-
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) Default government purpose rights for deliverables. Chapter 239 of title 10, United States Code, is amended by inserting after section 3775 the following new section:
3776. Default government purpose rights for deliverables under Department of Defense contracts
(a) Default rights. Except as provided in subsection (b), any technical data, computer software, or computer software documentation delivered under a contract, subcontract, or other agreement entered into by the Department of Defense shall be provided with government purpose rights unless the contractor establishes, through clear and convincing evidence, entitlement to more restrictive rights.
(b) Contractor burden. A contractor asserting less-than-government purpose rights shall provide—
(1) a compliant assertions table identifying each specific item of data or software claimed;
(2) factual documentation of private development funding;
(3) clause-specific unlimited-rights exclusions applied at the lowest practicable segregable level; and
(4) corresponding portion markings on the deliverables.
(c) Failure to substantiate. Any failure by a contractor to comply with subsection (b) shall result in the deliverable being treated as provided with government purpose rights.
(b) Improper markings of critical items. For any critical readiness items of supply (as that term is defined in section 4324(d)(4) of title 10, United States Code) that are noncommercial items, if the Secretary of Defense determines that a contractor—
(1) applied an incorrect restrictive marking;
(2) failed to exclude unlimited- or unrestricted-rights categories;
(3) failed to portion-mark at the required segregable level; or
(4) submitted an incomplete or invalid assertions table; then all affected technical data, computer software, and documentation shall be deemed as government purpose rights.
(c) Report on clawback authorities for improper restrictive markings. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report assessing the feasibility and advisability of establishing a mechanism to recover excess payments made by the Department of Defense in cases where improper restrictive markings, invalid assertions tables, or other unjustified restrictions on technical data, computer software, or computer software documentation contributed to reduced competition or sole-source procurement conditions. The report shall include—
(1) an assessment of the extent to which improper restrictions on technical data or software rights may have resulted in excess costs to the Department;
(2) an evaluation of existing authorities available to recover such excess payments;
(3) an assessment of the legal, contractual, and evidentiary challenges associated with establishing a clawback mechanism;
(4) options for calculating excess payments attributable to improper restrictions on technical data or software rights; and
(5) recommendations regarding whether Congress should authorize a clawback mechanism and, if so, the structure of such authority.
(d) Modifications to rights in technical data. Section 3771(b) of title 10, United States Code, is amended—
(1) in paragraph (3)(C), by inserting , and for which the United States shall have government purpose rights, unless the Government and the contractor negotiate different license rights after component); and
(2) in paragraph (4)(A)—
(A) in clause (ii), by striking ; or and inserting a semicolon;
(B) by redesignating clause (iii) as clause (iv); and
(C) by inserting after clause (ii) the following new clause:
(iii) is a release, disclosure, or use of detailed manufacturing or process data—
(I) that is necessary for operation, maintenance, installation, or training and shall be used only for operation, maintenance, installation, or training purposes supporting wartime operations or contingency operations; and
(II) for which the head of an agency determines that the original supplier of such data will be unable to satisfy military readiness or operational requirements for such operations; or
(e) Applicability. This section and the amendments made by this section shall apply—
(1) in competitive procurements, to solicitations issued after the date of the enactment of this Act and awards made in connection with such solicitations; and
(2) in non-competitive procurements, to awards made after the date of the enactment of this Act.
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