S. 1071
National Defense Authorization Act for Fiscal Year 2026
Sponsor: John Cornyn
1 cosponsor
Official summary
Written by the Congressional Research Service.
National Defense Authorization Act for Fiscal Year 2026
This bill sets forth policies and authorities for FY2026 for Department of Defense (DOD) programs and activities, military construction, and the national security programs of the Department of Energy (DOE). The bill also sets forth policies and authorities for the Department of State, the Coast Guard, and the Intelligence Community (IC).
Among other elements, the bill
- authorizes the procurement of various items, including aircraft, ships, and missiles;
- 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 domestic sourcing;
- sets policy for various matters related to DOD interactions with foreign nations, including matters concerning Israel, Ukraine, and the Indo-Pacific;
- sets policy for various matters related to DOD cyber operations, cybersecurity, and artificial intelligence;
- authorizes specified military construction projects and extends the authorization of certain projects from previous fiscal years;
- authorizes the National Nuclear Security Administration, Defense Nuclear Facilities Safety Board, Naval Petroleum Reserves, and Maritime Administration;
- sets policy regarding the organization and workforce of the State Department;
- sets acquisition and personnel policy for the Coast Guard;
- sets policy for merchant mariner credentials, vessel safety, and oil pollution response; and
- sets policy for the IC regarding artificial intelligence and biotechnology.
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 Biotechnology Matters
D Plans, Reports, and Other Matters
III Operation and Maintenance
A Authorization of Appropriations
B Energy and Environment
C Logistics and Sustainment
D Matters Relating to Munitions
E Other Matters
IV Military Personnel Authorizations
A Active Forces
B Reserve Forces
C Authorization of Appropriations; Reports
V Military Personnel Policy
A Officer Policy
B Reserve Component Management
C General Service Authorities and Military Records
D Recruitment and Accession
E Member Training
F Member Education
G Military Justice and Other Legal Matters
H Career Transition
I Family Programs, Child Care, and Dependent Education
J Decorations and Awards, Reports, and Other Matters
VI Compensation and Other Personnel Benefits
A Basic Pay and Retired Pay
B Bonus, Incentive, and Separation Pays
C Allowances
D Leave
E Family and Survivor Benefits
F Defense Resale Matters
G Other Benefits, Administrative Matters, 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
(a) Establishment of technical data system. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall develop and implement a digital system to track, manage, and enable the assessment of covered data related to covered systems, and to verify the compliance of contractors and subcontractors with contract requirements related to technical data for covered systems.
(b) Review of requirements for covered data. The Secretary of Defense shall identify relevant contracts or other agreements for each covered system and conduct a review of the requirements contained in such contracts or other agreements with respect to covered data, including requirements for both data delivered and data otherwise accessible by the Department of Defense on a non-deliverable basis.
(c) Assessment of available covered data
(1) In general. The Secretary of Defense shall assess the covered data required under the requirements with respect to covered data reviewed under subsection (b) and, for each such requirement—
(A) describe the physical or electronic storage location of the covered data that is in the possession of the Department of Defense, or the method by which the Department accesses the covered data, as applicable;
(B) evaluate whether the covered data delivered to the Department under such requirement complies with—
(i) the marking and rights requirements for such covered data under or pursuant to the contract containing such reviewed requirement; and
(ii) the applicable provisions of chapter 275 of title 10, United States Code; and
(C) describe the category of rights in technical data applicable under section 3771 of title 10, United States Code, to the covered data delivered to the Department under such reviewed requirement, including an identification of whether the delivery or access to such covered data under such reviewed requirement is subject to a customized commercial license or a specially negotiated license.
(2) Findings. The Secretary of Defense shall record in the digital system implemented under subsection (a) the findings of the review conducted under subsection (b) and the assessment under paragraph (1).
(d) Identification of insufficiency in covered data. Based on the review of requirements for covered data required by subsection (b) and the assessment of available covered data required by subsection (c), the Secretary of Defense shall identify any insufficiency in covered data that negatively affects the ability of the Secretary to effectively operate a covered system and maintain such covered system in a cost-effective manner considering factors, including the years remaining in the lifecycle of the covered system, projected inventory numbers of the covered system, or a cost analysis of continuing the current operations or maintenance approach for the covered system.
(e) Addressing an insufficiency in covered data
(1) In general. For each covered system acquired by the Department of Defense, the Secretary of Defense shall—
(A) distinguish between—
(i) covered data, the delivery of or access to which was required by the contract or other agreement under the review in subsection (b); and
(ii) covered data that was not required by the contract or other agreement but that the Department identified as an insufficiency in subsection (d);
(B) for covered data described in subparagraph (A)(i) that is identified as insufficient under subsection (d), seek to address such insufficiency with the relevant contractor, including by receiving access to such covered data on a non-deliverable basis;
(C) for covered data described in subparagraph (A)(i) that identified as improperly marked pursuant to subsection (c)(1)(B), seek to address such improper marking with the relevant contractor;
(D) for covered data described in subparagraph (A)(ii), initiate a streamlined process to—
(i) request the relevant contractor to provide the Government with options for the covered data required to address the insufficiency in such covered data identified under subsection (d), which may include access agreements, priced contract options, negotiated direct licenses with government authorized repair contractors, or direct licenses for systems or components produced by subcontractors that are covered defense equipment for access to the required covered data;
(ii) allow the contractor to propose terms for using commercially accepted valuation practices, including income-based, cost-based, and market-based pricing; and
(E) consider the use of escrow agreements or similar arrangements under a specifically negotiated license for the required covered data with the original contractor or subcontractor of the covered system in the event such contractor or subcontractor decides to exit the business or no longer support maintenance of the covered system.
(2) Insufficiency. With respect to an insufficiency identified under subsection (d) in covered data for a commercial product—
(A) the Secretary of Defense shall ensure that pricing and terms and conditions offered by the contractor for are commensurate with commercial practices for granting similar access; and
(B) if the Secretary seeks access to technical data, software, or other information in a manner that differs from the manner in which such contractor customarily provides to a buyer of such commercial product, the Secretary shall seek to negotiate a customized commercial license for such access.
(f) Records retention. In carrying out this section, the Secretary of Defense shall ensure that all technical data, computer software, contract files, and related records acquired or generated in connection with a covered system are retained and managed by the Department of Defense until, at a minimum, the Department has totally divested from such covered system.
(g) Quarterly updates to congress. Not later than April 1, 2026, and every 90 days thereafter until the Secretary of Defense completes the assessment required under subsection (c), the Secretary of Defense shall provide to the congressional defense committees a briefing on—
(1) progress made toward completing the requirements of this section;
(2) a summary of findings from such assessment, including report of the position of the Government as to whether such data meet marking and rights requirements;
(3) the efforts of the Department of Defense to address any insufficiencies in covered data identified under subsection (d), including a summary of the actions by the Department to fund such efforts;
(4) a description of the methods used by the Department in negotiating with any relevant contractor to access covered data identified as an insufficiency in subsection (d); and
(5) any lessons learned to improve the actions of the Department in planning for and acquiring covered data related to covered systems acquired by the Department.
(h) Rules of construction. Nothing in this section shall be construed—
(1) as modifying any rights, obligations, or limitations of the Government, contractor, or subcontractor with respect to rights in technical data under subchapter I of chapter 275 of this title;
(2) as altering the requirements in section 2464 and 2466 of title 10, United States Code; or
(3) as altering or expanding any license rights the Government has acquired in contracts or agreements.
(i) Definitions. In this section:
(1) The term covered data means technical data and computer software required—
(A) to enable the Department of Defense or government authorized repair contractors performing under a support contract, the primary purpose of which is to furnish repair or maintenance services on site at a depot, installation or operating location of the Government in support of the share of depot-level maintenance and repair workload of the Government in accordance with section 2466 of this title; or
(B) to maintain a core logistics capability in accordance with section 2464 of this title provided for use by third parties without restriction for the maintenance of the covered system.
(2) The term covered system means—
(A) a major defense acquisition program, as defined in section 4201 of title 10, United States Code; or
(B) an acquisition program or project that is carried out using the rapid prototyping or rapid fielding acquisition pathway under section 3602 of such title that is estimated by the Secretary of Defense to require an eventual total expenditure described in section 4201(a)(2) of such title;
(3) The term maintain or repair excludes the manufacture of new items.
(4) The term digital system means a secure, electronic platform required by subsection (a) that—
(A) is connected to authoritative systems for product lifecycle management and contracting data repositories and other systems where contractor data are stored or accessed; and
(B) identifies technical data owed under contract terms, verify compliance of received data with marking and rights requirements, detect omissions or errors, and track metadata for decision-making.
(5) The term service acquisition executive has the meaning given in section 101 of title 10, United States Code.
B Amendments to General Contracting Authorities, Procedures, and Limitations
C Provisions Relating to Workforce Development
D Provisions Relating to Supply Chains and Domestic Sourcing
E Prohibitions and Limitations on Procurement
F Industrial Base Matters
G Other Matters
IX Department of Defense Organization and Management
A Office of the Secretary of Defense and Related Matters
B Other Department of Defense Organization and Management Matters
X General Provisions
A Financial Matters
B Counterdrug Activities
C Naval Vessels and Shipyards
D Counterterrorism
E Miscellaneous Authorities and Limitations
F Studies and Reports
G Other Matters
XI Civilian Personnel
XII Matters relating to foreign nations
A Assistance and training
B Foreign military sales and related processes
C Matters relating to the Middle East
D Matters relating to Israel
E Matters relating to Europe, Ukraine, and the Russian Federation
F Matters relating to the Indo-Pacific region
G Matters relating to Asia
H Other matters
XIV Other Authorizations
A Military Programs
B National Defense Stockpile
C Other Matters
XV Cyberspace-related Matters
A Cyber Operations
B Cybersecurity
C Information Technology and Data Management
D Artificial Intelligence
E 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 Matters Relating to Unidentified Anomalous Phenomena
F Matters Relating to Electromagnetic Warfare
G Other Matters
XVII Other Defense Matters
XVIII Acquisition Reform
A Alignment of the Defense Acquisition System
B Requirements Process Reform
C Matters Relating to Commercial Products and Commercial Services
D Improvements to Acquisition Programs
E Modifications to Strengthen the Industrial Base
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
E Modifications to Unspecified Minor Military Construction
F 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
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 Department of State Authorization Act for Fiscal Year 2026
I Organization and operations
A Management and consular affairs
B Human resources
C Political affairs
D Other matters
II Workforce matters
III Information security and cyber diplomacy
IV Public diplomacy
V Diplomatic security
VI Miscellaneous
F Intelligence Authorization Act for Fiscal Year 2026
LXI Intelligence Activities
LXII Central Intelligence Agency Retirement and Disability System
LXIII Intelligence Community Matters
LXIV Intelligence Community Efficiency and Effectiveness
LXV Matters Relating to Elements of the Intelligence Community
A Central Intelligence Agency
B Elements of Department of Defense
C Federal Bureau of Investigation
LXVI Artificial Intelligence and Other Emerging Technologies
A Artificial Intelligence
B Biotechnology
C Other matters
LXVII Matters Relating to Foreign Countries
A Matters Relating to China
B Other Matters
LXVIII Reports and Other Matters
G Coast Guard Authorization Act of 2025
LXXI Coast Guard
A Authorization of appropriations
B Accountability
LXXII Organization, Authorities, Acquisition, and Personnel of the Coast Guard
A Authorities
B Acquisition
C Personnel
D Coast Guard Academy
E Reports and Policies
LXXIII Shipping and Navigation
A Merchant Mariner Credentials
B Vessel Safety
C Ports
D Matters Involving Uncrewed Systems
E Other Matters
LXXIV Oil Pollution Response
LXXV Sexual Assault and Sexual Harassment Response
A Accountability Implementation
B Misconduct
C Other matters
LXXVI Comptroller General Reports
LXXVII Amendments
H Other Matters
LXXXI Financial Services Matters
LXXXII Judiciary Matters
LXXXIII Foreign Affairs Matters
A Taiwan Non-Discrimination Act of 2025
B BUST Fentanyl Act
C Western Balkans democracy and prosperity
D Countering Wrongful Detention Act of 2025
E Other Matters
LXXXIV National Oceanic and Atmospheric Administration
A National Oceanic and Atmospheric Administration Commissioned Officer Corps
B South Pacific Tuna Treaty matters
C Other Matters
LXXXV Comprehensive Outbound Investment National Security Act of 2025
A General Matters
B Imposition of Sanctions
C Prohibition and notification on investments relating to covered national security transactions
D Securities and Related Matters
LXXXVI Securing the Airspace, Facilitating Emergency Response, and Safeguarding Key Infrastructure, Entertainment Venues, and Stadiums
LXXXVII DFC Modernization and Reauthorization Act of 2025
A Definitions and Less Developed Country Focus
B Management of Corporation
C Authorities Relating to the Provision of Support
D Other Matters
LXXXVIII Other Matters