H.R. 3838: Streamlining Procurement for Effective Execution and Delivery and National Defense Authorization Act for Fiscal Year 2026
Enacted as part of S1071: National Defense Authorization Act for Fiscal Year 2026· Dec 18, 2025
Sponsor
Mike Rogers
Republican · AL-3
Bill Progress
Latest Action · Sep 30, 2025
Passed the House, received in Senate
Why it matters
Congress is trying to shape the Pentagon’s 2026 spending and force faster, more reliable weapons buying at a time of rising competition with China, strained shipbuilding capacity, and persistent problems in major aircraft programs.
H.R. 3838 is the House-passed National Defense Authorization Act for fiscal year 2026, wrapped in a new title that signals its main message: speed up defense procurement and execution. The bill authorizes military activities across the Defense Department, military construction, parts of the Energy Department’s national security work, and Coast Guard matters, while also setting policy rules that shape how money can be spent. Even from the partial text provided, the bill is packed with contract authorities, production protections, and spending limits aimed at keeping major programs from slipping.
A clear theme is industrial capacity. The bill backs multiyear or advance procurement for systems like Black Hawk helicopters, Ford-class carriers, Columbia- and Virginia-class submarines, and support barges. That gives contractors and suppliers more predictability and can lower costs over time, but it also locks in federal commitments earlier. Lawmakers also focus on the maritime industrial base, signaling concern that the U.S. shipbuilding sector is too fragile to meet defense demand.
Another major theme is frustration with troubled programs. The bill puts conditions or limits on funding for Army command-and-control work, KC-46 tankers, Army ammunition R&D changes, and the Joint Energetics Transition Office. It blocks funds for terminating or shutting down the E-7A Wedgetail line, extends oversight of the F-35, and demands reports on the F-47, Link 16 fielding, submarine cable ships, and other programs. In plain English, Congress is saying: if a program is late, flawed, or poorly explained, don’t expect a blank check.
The bill also expands the defense agenda beyond traditional hardware. It invests in artificial intelligence, biotechnology, quantum communications, digital engineering, drone systems, fuel cells, and automation. At the same time, it adds guardrails, including restrictions tied to foreign countries of concern, animal research partnerships, gain-of-function research, and supply-chain labor concerns. The overall effect is a defense bill that is not just about buying more weapons, but about pushing the Pentagon to buy smarter, secure key supply chains, and show Congress better evidence that major programs are actually working.
What does H.R. 3838 do?
Locks in longer-term weapons contracts
The bill allows multiyear or advance buying for major systems including Black Hawk helicopters, aircraft carriers, submarines, and support vessels so the military can order parts earlier and keep production lines running.
Blocks cuts to some key aircraft programs
It prevents or slows efforts to retire, reduce, or shut down certain aircraft programs, including protections tied to the E-7A Wedgetail, B-1 squadrons, KC-10 preservation, and minimum inventory rules for tankers and other aircraft.
Puts troubled programs under tighter scrutiny
The bill limits money or adds conditions for programs with performance concerns, such as the KC-46 tanker, Army command-and-control efforts, and parts of Army ammunition research realignment.
Boosts emerging military technology
It supports work in artificial intelligence, biotechnology, quantum communications, drone systems, fuel cells, digital engineering, and automated tools to help the military build future capabilities faster.
Pushes supply-chain and security safeguards
The bill tightens rules around foreign-made technology, child or slave labor in vehicle components, sensitive research partnerships, and other supply-chain risks linked to national security.
Orders more reports and outside reviews
Congress demands more studies, plans, and Government Accountability Office reviews on programs like the F-35, F-47, Link 16, undersea systems, and the maritime industrial base to keep pressure on Pentagon managers.
Who benefits from H.R. 3838?
U.S. defense manufacturers and suppliers
Longer-term contracting and advance procurement can give companies steadier demand, more predictable hiring, and earlier purchases of parts and materials.
Navy shipbuilders and the maritime industrial base
The bill signals strong congressional support for submarine and ship production and for policies aimed at strengthening the shipbuilding workforce and supplier network.
Military services relying on aging aircraft and equipment
Units operating tankers, bombers, and airborne command aircraft may benefit from delays in retirements, preservation of backup aircraft, and pressure to maintain inventory levels.
Defense tech researchers and innovation programs
AI, biotech, drones, quantum communications, and digital engineering programs could receive more attention, funding support, and formal backing from Congress.
Who is affected by H.R. 3838?
Pentagon acquisition officials
They face more reporting requirements, tighter spending conditions, and greater congressional direction on how major programs are managed.
Contractors on underperforming programs
Companies tied to systems with known deficiencies or delays may face funding limits, extra certifications, and stronger oversight before they can move ahead.
Research institutions with foreign ties
Universities and labs working with entities linked to foreign countries of concern could face new barriers or lose access to defense research money.
Taxpayers and federal budget planners
The bill can create savings through bulk buying and production stability, but it can also lock in expensive long-term commitments before final performance is proven.
H.R. 3838 Common Questions
Is automatic Selective Service registration in the 2026 NDAA?
Yes. Under H.R. 3838, males ages 18 to 26 would be automatically registered for Selective Service starting one year after enactment (Section 534).
Can the Pentagon buy batteries from foreign entities of concern under the 2026 defense bill?
No. Under the Streamlining Procurement for Effective Execution and Delivery and National Defense Authorization Act for Fiscal Year 2026, DoD may not acquire advanced batteries from foreign entities of concern (Section 864).
How much does the 2026 NDAA authorize for the Coast Guard?
H.R. 3838 authorizes $11.85 billion for the Coast Guard in FY2026, increasing to $15.5 billion by FY2029 (Section 6102).
What is the minimum Air Force tanker inventory in the 2026 NDAA?
According to H.R. 3838 Section 141, the minimum tanker inventory is 466 by Sept. 30, 2026; 485 by Sept. 30, 2027; and 504 beginning Oct. 1, 2027.
How many A-10s would the Air Force have to keep under the 2026 NDAA?
Under H.R. 3838, the Air Force must keep at least 162 A-10 aircraft, and retirements are barred until Oct. 1, 2026 (Section 143).
Does the 2026 NDAA ban new COVID-19 vaccine mandates for the military?
Yes. Under the 2026 NDAA, no new COVID-19 vaccine mandate may be imposed by the Department of Defense (Section 526).
Can DoD scientists work for a foreign entity of concern after leaving their jobs?
Not for 3 years. Under H.R. 3838, principal investigators and DoD lab employees are barred for three years from taking compensation from a foreign entity of concern (Section 218).
Does the 2026 NDAA ban gain-of-function research funding?
Yes. Under the Streamlining Procurement for Effective Execution and Delivery and National Defense Authorization Act for Fiscal Year 2026, funds may not be used for gain-of-function research on potential pandemic pathogens (Section 229).
Is the Coast Guard Commandant added to the Joint Chiefs in the 2026 NDAA?
Yes. H.R. 3838 adds the Commandant of the Coast Guard to the Joint Chiefs of Staff (Section 911).
What are the plutonium pit production requirements in the 2026 NDAA?
According to H.R. 3838, Los Alamos must produce at least 30 pits per year and Savannah River at least 50 per year (Section 3111).
Based on H.R. 3838 bill text
HR3838 Legislative Journey
Sent to Senate
Sep 30, 2025
Received in the Senate.
House: Passed 231-196
Sep 10, 2025
On passage Passed by recorded vote: 231 - 196 (Roll no. 262).
+48 more actions this day
About the Sponsor
Mike Rogers
Republican, Alabama's 3rd congressional district · 23 years in Congress
Committees: Armed Services
View full profile →
Cosponsors (1)
This bill has 1 cosponsor: 1 Democrat. Cosponsors represent 1 state: Washington.
Committee Sponsors
Agriculture Committee
0 of 53 committee members cosponsored
No committee members have cosponsored this bill
50 Republicans across these committees haven't cosponsored yet. Mobilize their constituents
What laws does H.R. 3838 change?
53 changes
Sections Amended
Section 127 of National Defense Authorization Act for Fiscal Year 2025 (Public Law 118-159)
striking subsection (c) and inserting the following: ``(c) Covered F-18 Aircraft Defined
Section 134(d) of National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2038)
striking ``96 A-10 aircraft designated as primary mission aircraft inventory until a period of 90 days has elapsed following the date on which the Secretary submits to the congressional defense committees the report under subsection (e)(2)'' and inserting ``96 A-10 aircraft designated as primary mission aircraft inventory until October 1, 2026''
Section 164(a) of National Defense Authorization Act for Fiscal Year 2025 (Public Law 118-159)
read as follows: ``(a) Prohibitions
Section 238(a) of National Defense Authorization Act for Fiscal Year 2025 (Public Law 118-159; 138 Stat. 1842)
inserting ``or fiscal year 2026'' after ``fiscal year 2025''
Section 232 of Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 10 U.S.C. note prec. 4091)
striking ``September 30, 2025'' and inserting ``September 30, 2030''
Section 129 of such title
striking subsection (c)
Sections Repealed
545 of National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 8431 note prec.)
1022 of National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 271 note)
1221 of National Defense Authorization Act for Fiscal Year 2006 (10 U.S.C. 113 note)
922 of National Defense Authorization Act for Fiscal Year 2012 (Public Law 112- 81; 10 U.S.C. 2224 note). (2) Repeal of existing provision.--Section 922 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 2224 note)
804 of National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 4401 note)
2827 of William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 2866 note)
2864 of such title is amended-- (1) by striking subsection (e); and (2) by redesignating subsection (f) as subsection (e). SEC. 2827. REPEAL OF PILOT PROGRAM AUTHORIZING OVERHEAD COST REIMBURSEMENTS FROM MAJOR RANGE AND TEST FACILITY BASE USERS AT CERTAIN DEPARTMENT OF THE AIR FORCE INSTALLATIONS. Section 2862 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 9771 note prec)
H.R. 3838 Quick Facts
- Committee
- Agriculture
- Chamber
- House
- Policy
- Armed Forces and National Security
- Introduced
- Jun 9, 2025
Passed the House, received in Senate
Sep 30, 2025
Official Sources
CBO estimates H.R. 3838 authorizes $884.3 billion for FY2026, with $882.9 billion for national defense. Appropriation of specified amounts would increase outlays by $868.1 billion over 2026-2035.
Chairman Rogers and Ranking Member Smith scheduled full committee markup for July 15, 2025. The bill was reported out and passed the House on September 10, 2025 by a 231-196 vote.
The conference report's joint explanatory statement details the House-Senate agreement on every provision, including final authorization of $890.6 billion for national defense.
The enacted law signed December 18, 2025. H.R. 3838 was the House vehicle; the final law was enacted via S. 1071 as Public Law 119-60.
NNSA's two-site strategy targets 80+ pits per year: 30 at Los Alamos and 50 at Savannah River. Section 3111 of the bill codifies these production minimums.
GAO's 23rd annual assessment found DOD plans to invest $2.4 trillion across 106 weapon programs, with costs rising $49.3 billion year-over-year. Directly relevant to the bill's procurement reform provisions.
Congressional Research Service breakdown of how the enacted $890.6 billion authorization compares to the President's request, including $8.9 billion more for procurement.
CRS explainer on how the annual defense authorization process works, referenced in the official bill summary. FY2025 marked the 64th consecutive year an NDAA was enacted.
Who is lobbying on H.R. 3838?
150 organizations lobbying on this bill
GENERAL DYNAMICS CORP | 6 |
SOUTHERN POVERTY LAW CENTER, INC. | 5 |
PHLOW CORPORATION | 4 |
X-BOW LAUNCH SYSTEMS INC. DBA X-BOW SYSTEMS INC. | 4 |
NORTHROP GRUMMAN CORPORATION | 4 |
NOLA EDUCATION, LLC | 4 |
STEPHENSON STELLAR CORPORATION | 3 |
GENERAL DYNAMICS | 3 |
GENERAL ATOMICS AERONAUTICAL SYSTEMS, INC. | 3 |
MICROSOFT CORPORATION | 3 |
Showing 1-10 of 150 organizations
H.R. 3838 Bill Text
“To authorize appropriations for fiscal year 2026 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.”
Source: U.S. Government Publishing Office
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