S. 1071 · 119th Congress
National Defense Authorization Act for Fiscal Year 2026
Sen. Cornyn, John [R-TX] (R-TX) · Introduced · 1 cosponsors
Latest action
Became Public Law No: 119-60.
· from Congress.gov, as of August 8, 2026
Committees
What this stage means
The bill is now law — by the President's signature, by the ten-day rule when the President declines to sign, or by a two-thirds veto override.
Why this matters
There are three constitutional paths to enactment, and only one of them requires the President's approval.
What can happen next
Executive agencies write regulations to implement it; courts may review challenges to it.
Study this bill
AP GovThe constitutional question
Authorization versus appropriation — the distinction students most often miss. The NDAA sets policy and authorizes programs; separate appropriations bills provide the dollars. It has been enacted for more than six consecutive decades, making it the last reliably functioning piece of regular order in Congress — and this year's edition shows the full inter-chamber machine: the House passed H.R. 3838, the Senate passed S. 2296, and the negotiated final text became law on a third vehicle, S. 1071 (Public Law 119-60, December 18, 2025).
The strongest case for
The NDAA is the one moment each year when Congress actually governs the Pentagon: every program, pay raise, acquisition reform, and policy rider gets an annual, on-schedule, must-pass review that no other department receives. Its six-decade streak isn't inertia — it is the deliberate construction of a lane where partisanship is suspended enough to legislate, which is why members of both parties use it to force debates (on emerging technology, service-member quality of life, civilian oversight) that would die as standalone bills. In a Congress where the DHS appropriations process just produced a 76-day shutdown, the case for protecting the institution that still works makes itself.
The strongest case against
"Must-pass" is a subsidy for bad lawmaking: because the NDAA cannot fail, it becomes the Christmas tree onto which leadership grafts unrelated provisions that could never survive alone, and members must swallow whole packages to avoid voting 'against the troops.' The annual streak also launders topline growth — authorizing near a trillion dollars a year with review theater, since the authorization increasingly rubber-stamps what appropriators and the Pentagon already decided. And the three-bill shell shuffle (House number, Senate number, final on a third) means the text most members voted on is not the text that became law; conference-substitute lawmaking concentrates power in a handful of negotiators.
Foundational documents in play
- U.S. Constitution
Article I, Section 8 gives Congress — not the President — the power to raise, support, and make rules for the armed forces; the NDAA is that power exercised annually.
- Federalist No. 51
Civilian control of the military runs through this bill: the branch with the sword answers yearly to the branch with the rules and the purse.
Organizations supporting
Organizations opposing
This has happened before
The NDAA has become law every year for over sixty years — through shutdowns, impeachments, and one presidential veto override (the FY2021 act, passed over President Trump's veto in the final days of the 116th Congress: the only override of his first term, and a live demonstration of the two-thirds path to 'Became Law' without a signature). Compare it to this same Congress's DHS appropriations collapse: authorization running on rails while appropriations runs off them.
Practice FRQ
Concept Application. "Congress has enacted a National Defense Authorization Act every year for more than six decades; in 2025 the House and Senate passed different versions and the compromise text was enacted on a third bill number." (A) Describe the difference between an authorization and an appropriation. (B) Explain why annual must-pass status increases both congressional oversight and unrelated policy riders. (C) Explain how resolving House–Senate differences concentrates influence in a small group of members.
Sources: www.congress.gov · en.wikipedia.org
Action history
Every recorded action from Congress.gov — 45 total.
Senate
Message on Senate action sent to the House.
Presented to President.
House
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 119-60.
Became Public Law No: 119-60.
Senate
Considered by Senate (Message from the House considered).
Senate
Motion by Senator Thune to concur in the House amendment to S. 1071 with an amendment (SA 3961) withdrawn in Senate.
Resolving differences -- Senate actions: Senate agreed to the House amendment to S. 1071 by Yea-Nay Vote. 77 - 20. Record Vote Number: 648.
Senate
Senate agreed to the House amendment to S. 1071 by Yea-Nay Vote. 77 - 20. Record Vote Number: 648.
Senate
Considered by Senate (Message from the House considered). (consideration: CR S8749)
Senate
Cloture on the motion to concur in the House amendment to S. 1071 invoked in Senate by Yea-Nay Vote. 76 - 20. Record Vote Number: 647. (CR S8707)
Senate
Motion by Senator Thune to refer to Senate Committee on Armed Services the House message to accompany S. 1071 with instructions to report back forthwith with the following amendment (SA 3963) fell when cloture was invoked on the motion to concur in the House amendment to S. 1071 in Senate.
Senate
Considered by Senate (Message from the House considered). (consideration: CR S8707-8708)
Senate
Motion to proceed to consideration of the House message to accompany S. 1071 agreed to in Senate by Yea-Nay Vote. 75 - 22. Record Vote Number: 646. (CR S8655)
Senate
Measure laid before Senate by motion. (consideration: CR S8655-8656)
Senate
Motion by Senator Thune to concur in the House amendment to S. 1071 made in Senate. (CR S8655)
Senate
Cloture motion on the motion to concur in the House amendment to S. 1071 presented in Senate. (CR S8655-8656)
Senate
Motion by Senator Thune to concur in the House amendment to S. 1071 with an amendment (SA 3961) made in Senate. (CR S8656)
Senate
Motion by Senator Thune to refer to Senate Committee on Armed Services the House message to accompany S. 1071 with instructions to report back forthwith with the following amendment (SA 3963) made in Senate. (CR S8656)
House
Rule H. Res. 936 passed House.
House
Considered under the provisions of rule H. Res. 936. (consideration: CR H5136-5518)
House
Rule provides for consideration of H.R. 3898, H.R. 3383, H.R. 3638, H.R. 3628, H.R. 3668 and S. 1071. The resolution provides for consideration of H.R. 3898, H.R. 3383, H.R. 3638, and H.R. 3628 under a structured rule; and H.R. 3668 and S. 1071 under a closed rule. The resolution provides for one motion to recommit on H.R. 3898, H.R. 3383, H.R. 3638, H.R. 3628, and H.R. 3668; and one motion to commit on S. 1071.
House
DEBATE - The House proceeded with one hour of debate on S. 1071.
House
The previous question was ordered pursuant to the rule.
House
Mr. Norcross moved to commit to the Committee on Armed Services. (text: CR H5518)
House
The previous question on the motion to commit was ordered pursuant to clause 2(b) of rule XIX.
House
POSTPONED PROCEEDINGS - At the conclusion of debate on S. 1071, the Chair put the question on motion to commit and by voice vote announced the noes had prevailed. Mr. Norcross demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
House
Considered as unfinished business. (consideration: CR H5519-5520)
House
On motion to commit Failed by the Yeas and Nays: 209 - 216 (Roll no. 319).
House
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 312 - 112 (Roll no. 320). (text of amendment in the nature of a substitute: CR H5136-5510)
House
On passage Passed by the Yeas and Nays: 312 - 112 (Roll no. 320). (text of amendment in the nature of a substitute: CR H5136-5510)
House
Motion to reconsider laid on the table Agreed to without objection.
Senate
Message on House action received in Senate and at desk: House amendment to Senate bill.
House
Rules Committee Resolution H. Res. 936 Reported to House. Rule provides for consideration of H.R. 3898, H.R. 3383, H.R. 3638, H.R. 3628, H.R. 3668 and S. 1071. The resolution provides for consideration of H.R. 3898, H.R. 3383, H.R. 3638, and H.R. 3628 under a structured rule; and H.R. 3668 and S. 1071 under a closed rule. The resolution provides for one motion to recommit on H.R. 3898, H.R. 3383, H.R. 3638, H.R. 3628, and H.R. 3668; and one motion to commit on S. 1071.
Senate
Message on Senate action sent to the House.
House
Received in the House.
House
Held at the desk.
Senate
Senate Committee on Veterans' Affairs discharged by Unanimous Consent.
Senate
Senate Committee on Veterans' Affairs discharged by Unanimous Consent.
Senate
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
Senate
Passed Senate without amendment by Unanimous Consent. (consideration: CR S5475; text: CR S5475)
Senate
Introduced in Senate
Senate
Read twice and referred to the Committee on Veterans' Affairs.