Lawmakers expect to release the final text of a compromise bill for the Fiscal Year 2026 National Defense Authorization Act (NDAA) in the coming days, ironing out differences between the House and Senate. Details of the final negotiations are currently unavailable, including the top-line amount of total spending to be authorized. The House-passed version (H.R. 3838) included $882.6 billion, equaling the total requested by President Trump. The Senate-passed version (S. 2296) adds $31.3 billion on top of that amount. Negotiators must reconcile that number and agree on identical language before the bill can advance for a final vote in each chamber.

The House of Representatives advanced H.R. 3838 on September 10 by a vote of 231-196. The Senate passed its version on October 9 by a vote of 77-20. The annual NDAA was first passed in 1961, and Congress has successfully passed the measure every year since.

Beyond the total amount to be authorized, there are several other differences between the two bills that need to be resolved. Members have noted concerns about finding a balance between the intellectual property of defense contractors versus the military’s “right to repair.” Extension of a small-business defense technology development grant program is also a sticking point. Some artificial intelligence (AI) provisions – including a provision that would prevent states from setting AI standards -- that have been contentious in negotiations have been mutually removed.

We will keep you posted as negotiators continue their work on the NDAA.