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
B Amendments to General Contracting Authorities, Procedures, and Limitations
C Provisions Relating to Workforce Development
D Provisions Relating to Supply Chains and Domestic Sourcing
(a) Eligibility for interim national security waiver
(1) In general. If a contractor, through the use of supply chain illumination efforts, discovers a noncompliant item in a supply chain and promptly discloses that discovery to the program manager responsible for such supply chain, the contractor shall be eligible for a waiver described in subsection (b) to deliver an end item subject to the requirements of this section.
(2) Disclosures. A disclosure described in paragraph (1) may include a disclosure resulting from supply chain illumination efforts conducted by the contractor, a subcontractor, or by a third-party entity acting on behalf of the contractor or subcontractor to increase supply chain transparency. Discoveries of non-compliance by the United States Government is not a disclosure described under paragraph (1).
(b) Interim national security waiver
(1) In general. The Secretary of Defense or the Secretary concerned (as defined in section 101 of title 10, United States Code) may issue an interim national security waiver under this section to allow a contractor to—
(A) accept delivery of an end item that contains a noncompliant item if the program manager determines the noncompliant item does not represent a security, safety, or flight risk; and
(B) make payment for the delivery of the end item.
(2) Delegation. The authority to issue a waiver under paragraph (1) may be delegated—
(A) to the service acquisition executive of the military department responsible for the acquisition program concerned; or
(B) if the end item is used in acquisition programs of more than one military department, to the Deputy Secretary of Defense or the Under Secretary of Defense for Acquisition and Sustainment.
(c) Requirements for interim national security waivers
(1) Written determination. An interim national security waiver issued under this section shall be include written determination with the following:
(A) The preliminary facts and circumstances regarding the identified noncompliant item and the likely cause for noncompliance.
(B) The types of end items to which the waiver applies, including any additional items currently being evaluated for potential noncompliance with statutes listed in subsection (g).
(C) A determination that any identified noncompliant items in an end item to which the waiver applies and any additional item being evaluated for potential noncompliance do not represent a security, safety, or flight risk.
(D) An assessment of program risk due to the acceptance and use of an end item that contains a noncompliant item to be procured under the waiver.
(2) Submission to congress. A written determination under this subsection shall be submitted to the congressional defense committees not later than five days after the date on which a waiver is issued for the end item that is the subject of such determination.
(d) Contractor responsibility. A contractor receiving a waiver under this section shall develop and implement a corrective plan to ensure future compliance and demonstrate procurement of the noncompliant item was neither willful nor knowing, as determined by the program manager described in subsection (a). With respect to future deliveries of an end item for which a waiver was granted under this section, the contractor shall use reasonably expedient means to qualify an alternative compliant supplier, where available, for noncompliant items contained in such end item.
(e) Termination; applicability. The authority to issue an interim national security waiver under this section shall expire on January 1, 2028. A waiver issued before such date shall apply with respect to any contract for procurement of an end item entered into one or before such date.
(f) Briefings. Not later than April 1, 2026, and April 1, 2027, the Under Secretary of Defense for Acquisition and Sustainment shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on waivers issued under this section and corrective action plans of contractors to ensure future compliance with existing authorities.
(g) Noncompliant item defined. In this section, the term noncompliant item means an item covered by one or more of the following provisions of law:
(1) Section 4863 of title 10, United States Code, relating to a requirement to buy strategic materials critical to national security from American sources.
(2) Section 4872 of title 10, United States Code, relating to a prohibition on acquisition of sensitive materials from non-allied foreign nations.
(3) Section 4873 of title 10, United States Code, relating to additional requirements pertaining to printed circuit boards.
(4) Section 1211 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 4651 note prec.), relating to a prohibition on procurements from Chinese military companies.
(5) Section 805 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.), relating to a prohibition on procurements related to entities identified as Chinese military companies operating in the United States.
(6) Section 154 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.), relating to a prohibition on availability of funds for procurement of certain batteries.
(7) Section 244 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.), relating to a limitation on sourcing chemical materials for munitions from certain countries.
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