Moves to Senate where passage is expected within days.

President Trump issues statement of support and says he will sign the legislation.

ALA exclusive complete coverage.

FY26 NDAA Conferenced Bill Full Text—House
FY26 NDAA Joint Explanatory Statement—Conference Report
FY26 NDAA Conference Text Legislative Summary

House passed bill— https://www.govinfo.gov/content/pkg/BILLS-119hr3838rh/pdf/BILLS-119hr3838rh.pdf

Report from the House Committee on Armed Services to accompany H.R. 3838— https://www.govinfo.gov/content/pkg/CRPT-119hrpt231/pdf/CRPT-119hrpt231.pdf

Report from the Senate Committee on Armed Services to accompany the Senate version of the NDAA— https://www.congress.gov/119/crpt/srpt39/CRPT-119srpt39.pdf

Senate passed bill— https://www.congress.gov/bill/119th-congress/senate-bill/2296/text

The massive legislation, which has a topline of about $8 billion more than the $892.6 billion that President Trump requested in May, is set to be voted on this week. It comes after weeks of bipartisan talks between the House, Senate and White House.

The defense bill would bar the Department of Defense from dropping the number of U.S. forces deployed or permanently stationed in Europe to under 76,000 for more than 45 days, unless the Pentagon can certify that NATO allies are consulted and the drawdown is in America’s national security interest.

Provides 3.8 percent military pay raise.

Major acquisition reform.

Blocks commissary privatization.

Advances contractor compliance platform.

Reforms military food programs

• Authorizes over $131 million for the construction of new dining facilities.

• Makes it easier for servicemembers to access food on base with their Common Access Cards.

• Improves administration, transparency, and Congressional oversight of military food program budgets to ensure Basic Allowance for Subsistence is being used to provide food to our servicemembers.

The legislation also blocks the U.S. European Commander from giving up the title of NATO Supreme Commander, a move that some fear Trump wants to carry out to reduce American commitments to the alliance.

Here’s a run-down of issues in the bill that affect commissaries, exchanges and other on-base commerce programs:

Commissary Privatization & Patronage

Here’s the commissary language that is included in the ’26 Bill that will be voted on (and most likely passed) by the House this week followed by the Senate.     “The Secretary may not take any action inconsistent with the restrictions in section 2485(a) of such title regarding private operation of the overall management of a commissary system or management of a commissary store.”

Here’s Section 2485 (a) of existing law (Title 10 of the United States Code) that is incorporated by reference in the above language.  “(a)Private Operation.—Under such regulations as the Secretary of Defense may approve, private persons may operate selected commissary store functions, except that such functions may not include functions relating to the procurement of products to be sold in a commissary store or functions relating to the overall management of a commissary system or the management of a commissary store. Such functions shall be carried out by personnel of the Department of Defense under regulations approved by the Secretary of Defense”.

Here’s the House/Senate conference report language on commissaries: “Sec. 652 – Defense commissary system and exchange system: patronage; privatization

The House bill contained a provision (sec. 652) that would amend chapter 54 of title 10, United States Code, by adding a new section to authorize civilian employees of the Department of Defense or the department in which the Coast Guard is operating to use Morale, Welfare, and Recreation retail facilities.

The Senate bill contained no similar provision.

The agreement includes the House provision with amendments that maintain current commissary and exchange access through January 1, 2027, preserve existing statutory limits on privatization, and direct the Secretary of Defense to propose a consolidated legislative framework that clearly defines recommended patron categories.

Not later than 180 days after the conclusion of the Department of Defense civilian employee access pilot program, we direct the Secretary of Defense to submit to the Committees on

Armed Services of the Senate and the House of Representatives a report evaluating:

(1) The number and categories of civilian participants, including participation rates by installation, grade, and employment type;

(2) The total volume of sales and patronage levels generated by civilian participants, and the proportion of total commissary sales represented by such patronage;

(3) The gross and net revenue generated from civilian sales, including the disposition or use of any additional revenues, fees, or surcharges collected;

(4) The impact of the pilot programs on overall commissary operating costs, including labor, supply chain, and inventory management;

(5) Any observed or projected effects on appropriated funding requirements for the Defense Commissary Agency and the commissary subsidy;

(6) The impact on facility infrastructure, security, parking, and utilities at participating installations;

(7) The effect on military patron access, wait times, and customer satisfaction;

(8) Any operational challenges, staffing adjustments, or system modifications required to accommodate the pilot;

(9) Any adjustments to procurement or contracting requirements associated with increased patronage; and

(10) The Secretary’s assessment of the overall feasibility, fiscal sustainability, and advisability of expanded access for Department of Defense civilian employees.”

Simulated Review of Commissary Privatization

The report accompanying the Senate’s version of the bill required this simulation.  The requirement still stands as it was a Committee requirement and not needed to be agreed to by the House.  It’s unclear—given the DoW commissary review and the conference agreement moving to kill commissary privatizations as to whether this simulation will still take place.

The report accompanying the FY 2026 National Defense Authorization Act calls for a simulated review of  “Whether a commercial grocery retailer can consistently deliver a 25 percent savings  benefit to commissary patrons across 235 global locations  without the use of congressional appropriations; and (2)  Whether DeCA could sustain operations in remote and overseas  locations under any proposed model, given that these sites  often depend on cross-subsidies from higher-revenue commissaries to remain viable.”  The commissary outsourcing review and reporting requirement.  The Senate Armed Services Committee also said: “the simulation should incorporate input from the Office of the Under Secretary of Defense for Personnel and Readiness, defense resale  organizations, and relevant industry stakeholders.”

The Senate asked for the report by January 1, 2027.

Senators also said the report should consider: “ (1) Methods of selection for locations to be analyzed   grocery chains that express interest in participating in  contracted commissary operations; (3) The costs and liabilities  incurred by the Government, including the military services,  military installations, and the DeCA, that would result from  operating commissary stores through contracted vendors; (4)  

Potential impacts on military family quality of life, morale,  

and retention, particularly in high-cost or geographically  

isolated locations; (5) An evaluation of the potential impacts  

on current DeCA employees; (6) A risk assessment, as well as  

proposed contingency measures, to ensure uninterrupted access  

to affordable groceries for eligible patrons; and (7)  

Recommendations for specific administrative or legislative  

action that the Secretary considers appropriate to modernize  

and improve the delivery of the commissary benefit.” 

 

Commissary and Exchange Support for Certain Missions

Here’s the conference agreement:  “Report on adequacy of commissaries and dining facilities on military installations that support certain missions

The House bill contained a provision (sec. 595) that would

require the Secretary of Defense, not later than 180 days after

the date of the enactment of this Act, to submit to the

congressional defense committees a report on the adequacy of

commissaries and dining facilities on military installations

that support certain missions.

The Senate bill contained no similar provision.

The agreement does not include the House provision.

We direct the Secretary of Defense to submit to the

Committees on Armed Services of the Senate and the House of

Representatives, not later than August 1, 2026, a briefing on

the adequacy of housing, commissaries, dining facilities,

alternatives to dining facilities, and other quality-of-life

needs of members of the Armed Forces supporting missions along

the southern border of the United States or in the Arctic.

The briefing shall include:

(1) An assessment of the quantity and adequacy of

housing available to such members, including any shortfalls or

deficiencies;

(2) An assessment of the adequacy of existing

commissary and dining facility infrastructure at such military

installations, including capacity, hours of operation, and

quality of food service;

(3) An evaluation of whether current commissary and

dining facilities meet the needs of members and their families

on such military installations;

(4) An assessment of any other quality-of-life needs

affecting such members, including access to recreation,

childcare, medical, and morale, welfare, and recreation

services; and

(5) An analysis of how any inadequacies in such

facilities impact readiness, morale, and retention.”

Expanding base wide food programs and use of meal card

Here’s the conference agreement:  

“Sec. 663 – Expansion of pilot program to increase access to food

on military installations

The House bill contained a provision (sec. 662) that would

amend section 654 of the Servicemember Quality of Life

Improvement and National Defense Authorization Act for Fiscal

Year 2025 (Public Law 118-159) to expand the food-access pilot

program to all military departments to improve food access for

servicemembers in unaccompanied housing by allowing them to use

their Common Access Cards or other approved methods at food and

retail locations on military installations.

The Senate bill contained no similar provision.

The agreement includes the House provision.”

ALA Compliance Platform

Mandating the Department of Defense to have a capability to document company compliance with sourcing requirements and restrictions

ALA has been working for three years on developing a platform that allows contractors to easily navigate through the complex regulations governing federal and nonappropriated fund contracting.  In the Defense Bill, the Congress recognized this need and is requiring the Department of Defense to adopt this capability Defense-wide.  This from the conference report:

Sec. 836 – Voluntary registration of compliance with covered sourcing requirements for covered products

The House bill contained a provision (sec. 855) that would require the Secretary of Defense to establish and maintain a publicly available online repository to allow an offeror to submit a self-attestation of compliance with certain covered sourcing requirements. The House bill contained an additional provision (sec. 878) that would require the Assistant Secretary of Defense for Industrial Base Policy to establish a common repository of information commonly required for the initial vetting of contractors applying to be qualified suppliers in the defense industrial base.

The Senate bill contained no similar provision.

The agreement includes the House provision with an amendment that would require the Secretary of Defense to establish and maintain a publicly available online repository to allow an offeror to submit a self-attestation of compliance with certain covered sourcing requirements.

SEC. 836. VOLUNTARY REGISTRATION OF COMPLIANCE WITH COVERED SOURCING REQUIREMENTS FOR COVERED PRODUCTS.

(a) IN GENERAL.—Not later than January 1, 2027,the Secretary of Defense shall establish and maintain a publicly available online repository of information provided

by an offeror related to the compliance of a covered product with covered sourcing requirements.

(b) REGISTRATION AND ATTESTATION PROCESS.—In carrying out subsection (a), the Secretary of Defense shall establish a process under which an offeror may voluntarily submit to the Secretary an attestation relating to the compliance of a covered product with a covered sourcing requirement. Such attestation shall—

(1) require an offeror to acknowledge liability for making a false attestation in accordance with

section 3729 of title 31, United States Code; and

(2) enable an offeror to register a covered product with the Secretary of Defense by providing—

(A) a unique product identifier sufficient to distinguish the covered product to be registered from a similar covered product;

(B) a national stock number (if available), a description of the covered product, or other

information related to the form, fit, or function of the covered product; and

(C) an attestation, including relevant docu- mentation, of the compliance of a covered product with one or more covered sourcing requirements.

(c) PROOF OF REGISTRATION.—The Secretary of Defense shall issue to an offeror that registers a covered product in accordance with the process established under subsection (b) a proof of registration associated with a unique product identifier of the covered product.

(d) AVAILABILITY OF INFORMATION.—

(1) COMPLIANCE INFORMATION.—The Secretary of Defense shall make available the information necessary to enable offerors to assess the compliance of a covered product with a covered sourcing requirement.

(2) RESOURCES.—The Secretary shall ensure that an eligible entity has adequate resources to train offerors about the requirements of this section and to assist an offeror with the registration and attestation process established under subsection (b).

(e) ENCOURAGING REGISTRATION OF PRODUCTS.— The Secretary of Defense shall establish policies and procedures to encourage offerors to register covered products. These policies and procedures shall ensure that—

(1) offerors are incentivized to disclose any noncompliance with the requirements of this section,

with the goal of expanding the number of vendors with products qualified for use by the Department of Defense;

(2) with respect to any disclosure made under paragraph (1), that such offeror is provided with in-

formation and assistance to determine the actions required to remedy such noncompliance in order to meet the criteria to register the product concerned; and

(3) an offeror making such a disclosure will receive a referral to the appropriate programs or offices of the Department of Defense that are responsible for strengthening the defense industrial base, promoting domestic industry, and accelerating private investment in supply chain technologies that are critical for national security.

(f) BRIEFINGS.—

(1) INITIAL BRIEFING.—Not later than May 1,2026, the Secretary of Defense shall provide to the

Committees on Armed Services of the Senate and House of Representatives a briefing on—

(A) the process established under subsection (b) to allow an offeror to voluntarily

submit an attestation of compliance of a covered product in the repository; and

(B) the progress made in establishing the repository required by subsection (a).

(2) INTERIM BRIEFING.—

(A) IN GENERAL.—Not later than May 1, 2027, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives an interim briefing on the establishment of the repository required by subsection (a), the number and

types of the contractors seeking to register covered products in such repository and volunteering to submit attestations for compliance with sourcing requirements under the process established under subsection (b).

(B) CONTENTS.—The briefing required by subparagraph (A) shall include an assessment of the feasibility of using the repository re- quired by subsection (a) to also serve as a common platform for information routinely required for supplier onboarding, qualification, or due diligence review by the Department of Defense or a prime contractor of the Department, including—

(i) business registration, Data Universal Numbering System number, Commercial and Government Entity code and federal tax identification number;

(ii) ownership and corporate structure, including any parent company or subsidiaries;

(iii) country of ownership;

(iv) small business size classification and North American Industry Classification System code, if applicable; and

(v) compliance certifications, including certifications for cybersecurity, trade and export controls, anti-corruption policy, and traceability practices.

(3) FINAL BRIEFING.—Not later than April 1,2029, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a final briefing on the success of the repository required under subsection (a) and the process established under subsection (b), including participation statistics and whether or not the Secretary will continue to maintain the repository.

(g) DEFINITIONS.—In this section:

(1) The term ‘‘covered product’’ means a good offered for purchase to the Secretary of Defense or as an item of supply for a contractor performing on a contract with the Department of Defense—

(A) by—

(i) a small business concern (as de- fined under section 3 of the Small Busi- ness Act (15 U.S.C. 632)); or (ii) a manufacturer of critical readiness items of supply (as defined in section

1733 of title 10, United States Code); and

(B) that is subject to a covered sourcing requirement.

(2) The term ‘‘covered sourcing requirement’’ means a requirement under any of the following:

(A) Section 4863 of title 10, United States Code.

(B) Section 4862 of title 10, United States Code.

(C) Section 4864 of title 10, United States Code.

(D) Chapter 83 of title 41, United States Code.

(3) The term ‘‘eligible entity’’ means an eligible entity carrying out activities pursuant to a procurement technical assistance program funded under

chapter 388 of title 10, United States Code.

(4) The term ‘‘item of supply’’ has the meaning given such term in section 108 of title 41, United

States Code.

Duty-free entry of supplies procured by Department of Defense

The Senate Armed Services Committee moved to restrict the flow of duty free products to DoD,

The House bill contained no similar provision.

The agreement does not include the Senate provision. We note that it will be increasingly important for the Department of Defense to track the impact of economic fluctuations, including tariffs, supply chain disruptions, and inflation, on all major prime contracts entered into by the Department. Therefore, we direct the Secretary of Defense to provide a briefing to the congressional defense committees, not later than March 1, 2026, on the impact of significant economic fluctuations on Defense programs. Such briefing shall include:

(1) An assessment of cost increases to both the Department and contractors as a result of tariffs imposed since February 1, 2025, under the International Emergency Economic

Powers Act (50 U.S.C. 1701) and section 232 of the Trade Expansion Act of 1962 (19 U.S.C 1862);

(2) An assessment of the effects of such tariffs on supply chains and lead times for major defense platforms; and

(3) A summary of agreements entered into under section 4851 of title 10, United States Code, and an assessment of the application of those agreements to the defense supply chain.  

Sports foods and dietary supplements

Sec. 1087 – Procurement and distribution of sports foods and dietary supplements to members of the Armed Forces assigned to the United States Special Operations Command

The House bill contained a provision (sec. 1079) that would authorize the Commander, U.S. Special Operations Commad (SOCOM) to procure and distribute to members of the Armed Forces assigned to SOCOM sports foods and dietary supplements.

The Senate bill contained a similar provision (sec. 341).

The agreement includes the House provision with a clarifying amendment.  Here’s the final language:

“SEC. 1087. PROCUREMENT AND DISTRIBUTION OF SPORTS FOODS AND DIETARY SUPPLEMENTS TO

MEMBERS OF THE ARMED FORCES ASSIGNED TO THE UNITED STATES SPECIAL OPER-

ATIONS COMMAND.

(a) PROCUREMENT AND DISTRIBUTION.—The Commander of the United States Special Operations Command may authorize, from amounts appropriated to the Department of Defense for Major Force Program

(1) the procurement of sports foods and dietary supplements; and

(2) the distribution of such foods and supplements to members of the Armed Forces assigned to

the United States Special Operations Command.

(b) REQUIREMENTS.—

(1) IN GENERAL.—The Commander of the

United States Special Operations Command shall—

(A) establish policies for the procurement

and distribution of sports foods and dietary

supplements under this section; and

(B) require that such procurement and distribution is in compliance with—

(i) Department of Defense Instruction

6130.06, titled ‘‘Use of Dietary Supplements in the Department of Defense’’; and

(ii) the prohibited dietary supplement

ingredients list of the Department.

(2) POLICIES.—The policies established under

paragraph (1) shall provide that—

(A) dietary supplements procured or dis-

tributed under this section are required to be

certified by a non-Department third-party certifying organization that Operation Supplement

Safety of the Department has vetted for end-

product quality assurance;

(B) dietary supplements and sports foods

procured or distributed under this section are

required to be free of contaminants and ingredients and substances prohibited by the Department (including any ingredients and substances

that are synonymous with such prohibited ingredients and substances);

(C) sports foods and dietary supplements

may only be distributed to members of the

Armed Forces—

(i) by a credentialed and privileged

registered (performance) dietitian or a

medical clinician with prescribing authority

who is assigned to or supporting the

United States Special Operations Command at the operational unit level; and

(ii) under the guidance and oversight

of a primary care sports medicine physician.

(c) RULE OF CONSTRUCTION.—The procurement and

distribution of sports foods and dietary supplements under

this section shall be construed to supplement and not sup-

plant—

(1) any morale, welfare, or recreation funds or

activities otherwise required or available; and

(2) any funding made available for, and services

provided by, any dining facility of the Department.

(d) REPORT.—Not later than September 30, 2026,

the Secretary of Defense shall submit to the congressional

defense committees a report that contains an assessment

of the feasibility and advisability of expanding the authority under this section for the procurement and distribution of sports foods and third-party certified dietary supplements to include the military departments.

(e) DEFINITIONS.—In this section:

(1) The term ‘‘dietary supplement’’ means a

product under meaning given that term in section

201(ff) of the Federal Food, Drug, and Cosmetic

Act (21 U.S.C. 321(ff)) for which nutrition labeling

in the form of a supplement facts panel is required.

(2) The term ‘‘sports food’’ means a food product that—

(A) delivers essential energy (in the form

of calories) and nutrients; and

(B) is packaged in a container that includes nutrition labeling in the form of a supplement facts panel.”

China seafood

Here’s the conference agreement:  Sec. 831 – Applicability of Berry Amendment to procurement of certain seafood

The House bill contained a provision (sec. 860C) that

would amend section 4862 of title 10, United States Code, to

eliminate existing exceptions to the Berry Amendment for all

seafood purchases within the Department of Defense.

The Senate bill contained a similar provision (sec. 628).

The agreement includes the House provision with an

amendment to clarify the prohibition on certain foreign-sourced

seafood applies to both dining facilities and commissary resale.

BASE ACCESS

The House Armed Services Committee moved on improving base access including a cost sharing model between the government and industry.   This stands because it was language included in the House report and did not have tone conferenced with the Senate.  

Sale of printers and routers from China

The Senate Armed Services Committee moved to restrict the sale of printers and other equipment involving China entities.  

Here’s the conference agreement:

Sec. 850 – Phase-out of computer and printer acquisitions

involving entities owned or controlled by China

The Senate bill contained a provision (sec. 879) that

would prohibit the Secretary of Defense from directly or

indirectly acquiring computers or printers manufactured by

covered Chinese entities, with a phased implementation beginning

at 10 percent of Department of Defense total procurement in

fiscal year 2026 and reaching 100 percent by fiscal year 2029.

The provision would provide waivers for items used for testing,

evaluation, and reverse engineering missions on adversarial

products and capabilities.

The House bill contained two similar provisions (sec. 821

and sec. 870).

The agreement includes the Senate provision with a

technical amendment.

Generic pharmaceuticals

The Senate Armed Services Committee moved to ban the sale of China-made generic pharmaceuticals.   

Country-of-origin disclosure requirements for generic drugs

purchased by the Department of Defense

The Senate bill contained a provision (sec. 878) that

would prohibit the Department of Defense from procuring a

generic drug for resale unless the seller discloses the country

the generic drug was manufactured in and the country of origin

for all active pharmaceutical ingredients and key starting

materials.

The House bill contained no similar provision.

The agreement does not include the Senate provision.

194

We note the challenges the Department faces with receiving

disclosures of all active pharmaceutical ingredients and key

starting materials. We encourage the Department to continue to

conduct supply chain analysis and mitigate risks to ensure that

servicemembers and their families

Categorization of NAF employees

The House Armed Services Committee moved to require a GAO review on categorization of NAF employees.  .  This requirement stands as it was included in the House report and did not have to get agreement with the Senate.

Review of NAF retirement programs

The House Armed Services Committee moved on action to consolidate the retirement programs for NAF employees.   .  This requirement stands as it was included in the House report and did not have to get agreement with the Senate.

Commissary privileges

The House Armed Services Committee moved on Commissary privileges for DoD civilian employees.  .  This requirement stands as it was included in the House report and did not have to get agreement with the Senate.

Commissary construction

The House Armed Services Committee moved on commissary construction.  .  This requirement stands as it was included in the House report and did not have to get agreement with the Senate.

Here’s the conference agreement:  “Requirements relating to funds for construction and improvement of commissary store facilities

The House bill contained a provision (sec. 2862) that

would amend section 2685 of title 10, United States Code, to

clarify the Department’s authority to use commissary funds for

facility infrastructure.

The Senate bill contained no similar provision.

The agreement does not include the House provision.

We recognize the importance of sustained investment in

commissary infrastructure and acknowledge the role that

surcharge revenues can play in enabling these improvements. We

note that the Senate Report accompanying S. 2296 (S. Rept. 119-

39) of the National Defense Authorization Act for Fiscal Year

2026 requires the Secretary of Defense to submit a briefing to

the Committees on Armed Services of the Senate and the House of

Representatives, not later than January 1, 2026, regarding the

use of commissary surcharge funds to support the repair,

maintenance, improvement, or modernization of commissary

facilities.”

Illicit tobacco

The House Armed Services Committee moved on illicit tobacco products sold in commissaries and exchanges.   Here’s the conference agreement:

“Combating illicit tobacco products

The House bill contained a provision (sec. 1702) that

would establish a process for approving the sale of certain

Electronic Nicotine Delivery System products or oral nicotine

products at military commissaries and exchanges.

The Senate bill contained no similar provision.

The agreement does not include the House provision.

We note the only military entities in which non-Department

of Defense (DOD) retail establishments sell tobacco products are

the Marine Corps and the Washington Headquarters Services (WHS).

We further note that, previously, certain non-DOD retail

establishments selling tobacco products have offered items that

violate applicable Federal tobacco regulations.

We direct the Secretary of Defense, in coordination with

the Commandant of the Marine Corps, to brief the Committees on

Armed Services of the Senate and the House of Representatives,

not later than March 1, 2026, on steps the WHS and Marine Corps

are taking to ensure that all tobacco and nicotine-containing

products sold at establishments under contract with or on

installations operated by the WHS or the Marine Corps are

compliant with Federal tobacco regulations, including the

Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.). The

briefing shall include a description of the oversight process

the Office of the Director of Administration and Management and

installation commanders use to verify that non-DOD retail

establishments are in compliance with Federal tobacco

370

regulations as well as any recent changes that have been

implemented to ensure the aforementioned compliance.”

Authorizes MSC employees to use commissaries

Sec. 651 – Use of commissary stores: civilian employees of

Military Sealift Command

The House bill contained a provision (sec. 651) that would

amend section 1066 of title 10, United States Code, to permit

civilian employees of the Military Sealift Command to use

commissary stores and Morale, Welfare, and Recreation retail

facilities on the same basis as members of the Armed Forces on

active duty.

The Senate bill contained no similar provision.

The agreement includes the House provision.

Use of MWR and exchanges by civilian employees of the Department of War

The House Armed Services Committee moved on use of MWR and exchanges by civilian employees of DoD.  This requirement stands as it was included in the House report and did not have to get agreement with the Senate.

Single focal point for food

Urged  single focal point food program management  at all installations.   This requirement stands as it was included in the House report and did not have to get agreement with the Senate.

Resale privatization

The House expressed concerns about Defense emphasis on resale privatization .  This requirement stands as it was included in the House report and did not have to get agreement with the Senate.

Star Card

The House report required a report on the  expansion of the Military Star card.    This requirement stands as it was included in the House report and did not have to get agreement with the Senate.

Ban on foreign concession programs on base

Placed  restrictions on concessions  on military bases. 

Sec. 841 – Requirements relating to long-term concessions agreements with certain retailers

The House bill contained a provision (sec. 861) that would prohibit the Department of Defense from entering into or renewing long-term concessions agreements with retailers controlled by covered nations on U.S. military installations.

The Senate bill contained no similar provision.

The agreement includes the House provision with clarifying

amendments.

 

Calls for an assessment of nutrition standards and food options on military bases

Assessments and plan for increasing access to nutritious food on

military installations

The House bill contained a provision (sec. 361) that would

amend chapter 23 of title 10, United States Code, to require a

biennial assessment on nutrition standards across the military

departments. This provision would also require the Department to

submit a plan to increase access to nutritious food on military

installations, consistent with recommendations of the Government

Accountability Office (GAO) report published on June 24, 2024,

titled “DOD Food Program: Additional Actions Needed to

Implement, Oversee, and Evaluate Nutrition Efforts for Service

Members” (GAO-24-106155).

The Senate bill contained no similar provision.

The agreement does not contain the House provision.

We direct the Under Secretary of Defense for Personnel and

Readiness, in coordination with the Under Secretary of Defense

for Acquisition and Sustainment, to provide a briefing to the

Committees on Armed Services of the Senate and the House of

Representatives not later than June 1, 2026, on efforts to

assess and improve access to nutritious food on military

installations. The briefing shall include:

(1) A summary of current nutrition standards and

policies within each military department;

(2) An overview of actions taken since the June 2024

GAO report to implement its recommendations;

(3) The extent to which nutrition standards are

reflected in food options at both appropriated and

nonappropriated fund food venues; and

(4) Any ongoing or planned initiatives by the

Department to increase access to nutritious foods for

servicemembers and their families.

Single use bags in commissaries

Prohibits DeCA from banning single use shopping bags or charging a fee  for these bags.

Single-use shopping bags in commissary stores

The House bill contained a provision (sec. 653) that would amend section 2485 of title 10, United States Code, to prohibit the Defense Commissary Agency from banning the use of, or charging a fee for, single-use shopping bags in commissary

stores.

The agreement does not include the House provision.

Basic Allowance for subsistence

Sec. 621 – Modifications to calculation of basic allowance for

subsistence for enlisted members

The Senate bill contained a provision (sec. 601) that

would amend section 402 of title 37, United States Code, to base

the Basic Allowance for Subsistence for enlisted members on the

Department of Agriculture’s liberal food plan and to clarify the

calculation of the allowance for members receiving meals under

Essential Station Messing.

The House bill contained a similar provision (sec. 623)

that would require the Secretary of Defense to submit annual

reports on the budgeting and use of funds for the Basic

Allowance for Subsistence and military food service programs.

The agreement includes the Senate provision with an

amendment requiring the Secretary of Defense to submit an

implementation plan and an annual report through 2028 addressing

the sources and use of funds for food programs.

Food nutrition

Food nutrition programs  Reports on food insecurity in Armed Forces The Senate bill contained a provision (sec. 6025) that would require the Secretary of Defense to submit to the Congress a report on food insecurity in the Armed Forces. The House bill contained no similar provision. The agreement does not include the Senate provision. We note that the Department already submits an annual report to the Congress detailing the status of its food security strategy as mandated by section 645 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263). Expand base-wide food programs Sec. 663 – Expansion of pilot program to increase access to food on military installations The House bill contained a provision (sec. 662) that would amend section 654 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118-159) to expand the food-access pilot program to all military departments to improve food access for servicemembers in unaccompanied housing by allowing them to use their Common Access Cards or other approved methods at food and retail locations on military installations. The Senate bill contained no similar provision. The agreement includes the House provision. Creatine in MREs Here’s the conference agreement language:  Department of Defense report on creatine supplements in Meals Ready-to-Eat The House bill contained a provision (sec. 365) that would require the Secretary of Defense, in consultation with the Director of the Defense Logistics Agency, to submit a report evaluating the feasibility, safety, and potential benefits of including creatine supplements in Meals Ready-to-Eat for members of the Armed Forces. The Senate bill contained no similar provision. The agreement does not include the House provision. Milk in dining facilities Here’s the conference agreement language:  Availability of milk at dining facilities on military installations The House bill contained a provision (sec. 376) that would require the Secretary of Defense to ensure milk is available to members of the Armed Forces at dining facilities and prohibit purchasing of milk from an entity owned or controlled by a foreign adversary. The Senate bill contained no similar provision. The agreement does not include the House provision. We note that numerous scientific reports have resolved that milk minerals are crucial building blocks for human health and development. We further note that the Department of Agriculture recommends three daily servings of dairy as a key source of critical nutrients, including potassium, calcium, and vitamin D. Therefore, we support the Department’s continued strict adherence to both Department of Defense Manual 1338.10, which requires milk to be provided at all dining facilities, and section 4862 of title 10, United States Code, which prohibits the procurement of milk from foreign sources. Commissary and dining support for certain missions Report on adequacy of commissaries and dining facilities on military installations that support certain missions The House bill contained a provision (sec. 595) that would require the Secretary of Defense, not later than 180 days after the date of the enactment of this Act, to submit to the congressional defense committees a report on the adequacy of commissaries and dining facilities on military installations that support certain missions. The Senate bill contained no similar provision. The agreement does not include the House provision. We direct the Secretary of Defense to submit to the Committees on Armed Services of the Senate and the House of Representatives, not later than August 1, 2026, a briefing on the adequacy of housing, commissaries, dining facilities, alternatives to dining facilities, and other quality-of-life needs of members of the Armed Forces supporting missions along the southern border of the United States or in the Arctic. The briefing shall include: (1) An assessment of the quantity and adequacy of housing available to such members, including any shortfalls or deficiencies; (2) An assessment of the adequacy of existing commissary and dining facility infrastructure at such military installations, including capacity, hours of operation, and quality of food service; (3) An evaluation of whether current commissary and dining facilities meet the needs of members and their families on such military installations; (4) An assessment of any other quality-of-life needs affecting such members, including access to recreation, childcare, medical, and morale, welfare, and recreation services; and (5) An analysis of how any inadequacies in such facilities impact readiness, morale, and retention. Nutrition ratings in commissaries Here’s the conference agreement:  Pilot program on nutrition ratings for food sold in commissaries The House bill contained a provision (sec. 654) that would require the Secretary of Defense to establish a pilot program to provide a nutrition rating system for food sold in commissaries, including through the Commissary Click2Go mobile application, and submit a report to Congress, not later than September 30, 2028, on the results of the pilot program. The Senate bill contained no similar provision. The agreement does not include the House provision. We note that the Defense Commissary Agency already employs a dietitian-approved nutrition labeling system, including the Dietitian Approved Thumb program used on Click2Go and in-store shelf tags to identify healthier food options. Food insecurity reports Here’s the conference agreement:   Reports on food insecurity in Armed Forces The Senate bill contained a provision (sec. 6025) that would require the Secretary of Defense to submit to the Congress a report on food insecurity in the Armed Forces. The House bill contained no similar provision. The agreement does not include the Senate provision. We note that the Department already submits an annual report to the Congress detailing the status of its food security strategy as mandated by section 645 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263). Review and overhaul of remote and isolated site designations Remote and isolated designations determine levels of support and how baes are supported by the Department of War. The conference agreement called for a briefing from the USD (P&R) and the USD (A&S) on remote and isolated bases including a list of themes, criteria and methodology for determining the status, an assessment of the extent to which the current list reflects present-day access to essential goods and services, including medical care, housing, food availability and family support infrastructure.  An estimate of the fiscal impact of removing or adding sites for MWR, non-appropriated fund and appropriated fund balances, and related quality of life programs. Here’s the text:  “Sec. 2886 – Designation of Creech Air Force Base as a remote or isolated installation The House bill contained a provision (sec. 2875) that would require the Secretary of Defense to designate Creech Air Force Base, Indian Springs, Nevada, as a remote or isolated installation. The Senate bill contained an identical provision (sec. 625). The agreement includes the provision. We note that the term “remote and isolated military installation” is currently defined as a military installation determined to be remote and isolated pursuant to the criteria set forth in Department of Defense Instructions 1015.10 dated July 6, 2009 and 1015.18 dated May 30, 2024. Further, we direct the Under Secretary of Defense for Personnel and Readiness, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, to provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives, not later than February 1, 2026, on the Department’s current list of remote and isolated military installations. The briefing shall include: (1) A current list of all installations designated as remote and isolated by the Department of Defense, including the date and authority of each designation, and identification of any installation whose status derives from congressional direction; (2) A description of the criteria and methodology used by the Department and the military services to determine remote and isolated status, including how those criteria align with the requirements of Department of Defense Instructions 1015.10 and 1015.18; (3) An assessment of the extent to which the current list reflects present-day access to essential goods and 420 services, including medical care, housing, transportation, food availability, and family support infrastructure; (4) A list of installations that, based on current conditions, the Secretary recommends for removal from the remote and isolated list, including installations originally designated by the Congress, along with any legislative changes required to affect such removals; (5) An estimate of the fiscal and operational effects associated with adding or removing installations from the list, including implications for morale, welfare, and recreation support, nonappropriated fund and appropriated fund balances, and related quality-of-life programs; (6) Recommendations for establishing a recurring reassessment process, to occur not less than once every 5 years, to ensure the list remains current and accurately reflects local conditions; and (7) An update on any ongoing processes within the Department of Defense to update or add to the existing Department of Defense Instructions governing remote and isolated sites.”

 

Coupons to junior enlisted members to purchase food at commissaries

Here’s the conference agreement:  “Report on adequacy of commissaries and dining facilities on military installations that support certain missions

The House bill contained a provision (sec. 595) that would

require the Secretary of Defense, not later than 180 days after

the date of the enactment of this Act, to submit to the

congressional defense committees a report on the adequacy of

commissaries and dining facilities on military installations

that support certain missions.

The Senate bill contained no similar provision.

The agreement does not include the House provision.

We direct the Secretary of Defense to submit to the

Committees on Armed Services of the Senate and the House of

Representatives, not later than August 1, 2026, a briefing on

the adequacy of housing, commissaries, dining facilities,

alternatives to dining facilities, and other quality-of-life

needs of members of the Armed Forces supporting missions along

the southern border of the United States or in the Arctic.

The briefing shall include:

(1) An assessment of the quantity and adequacy of

housing available to such members, including any shortfalls or

deficiencies;

(2) An assessment of the adequacy of existing

commissary and dining facility infrastructure at such military

installations, including capacity, hours of operation, and

quality of food service;

(3) An evaluation of whether current commissary and

dining facilities meet the needs of members and their families

on such military installations;

(4) An assessment of any other quality-of-life needs

affecting such members, including access to recreation,

childcare, medical, and morale, welfare, and recreation

services; and

(5) An analysis of how any inadequacies in such

facilities impact readiness, morale, and retention.

Stainless steel flatware and dinerware

Here’s the conference agreement:  Amendment to requirement for domestic stainless steel flatware and dinnerware

The House bill contained a provision (sec. 824) that would

amend section 842 of the Servicemember Quality of Life

Improvement and National Defense Authorization Act for Fiscal

Year 2025 (Public Law 118–159) by striking subsection (c).

The Senate bill contained no similar provision.

The agreement does not include the House provision.

We note that amendments made by section 842 of the

Servicemember Quality of Life Improvement and National Defense

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Authorization Act for Fiscal Year 2025 (Public Law 118–159) do

not take effect until January 1, 2026.”

Prohibition on food procurement and the Israel Boycott

Here’s the conference agreement: “Prohibition on entering into contracts with a person engaged in a boycott of the State of Israel

The House bill contained a provision (sec. 870A) that

would prohibit the Secretary of Defense from entering into a

contract with a person if such person is engaged in an activity

that is politically motivated and is intended to penalize or

otherwise limit significant commercial relations specifically

with Israel or persons doing business in Israel or in Israeli controlled

territories.

The Senate bill contained no similar provision.

The agreement does not include the House provision.”

Withholding contract payments during bid protests

Here’s the conference agreement:  “Sec. 875 – Ability to withhold contract payments during period of pendency of a bid protest

The House bill contained a provision (sec. 818) that would

require the Secretary of Defense not later than 180 days after

the date of the enactment of this Act, to revise the Defense

Federal Acquisition Regulation Supplement to establish

procedures for a contracting officer to seek disgorgement of

certain profits or fees earned by the incumbent contractor if

the incumbent filed a bid protest with the Comptroller General

of the United States; continued performance on the contract

while the protest was pending; and the bid protest was

subsequently dismissed because of a lack of reasonable legal or

factual basis. This section would also amend section 3553 of

title 31, United States Code, to authorize the head of a

procuring activity of the Department of Defense to override the

stay in the award of a contract during the period of protest if

doing so would facilitate the national defense.

The Senate bill contained no similar provision.

The agreement includes the House provision with an

amendment that would authorize the Secretary of Defense to

withhold up to 5 percent of certain payments to an incumbent

contractor who files a bid protest which is dismissed by the

Comptroller General based on a lack of any reasonable legal or

factual basis.

5G WiFi

Here’s the conference agreement:  “Sec. 877 – Enhanced security strategy for procurement of private fifth-generation wireless technology

The House bill contained a provision (sec. 857) that would

require a contractor selected by the Secretary of Defense to

procure fifth-generation wireless technology for private

networks on military installations that complies with zero trust

principles.

The Senate bill contained no similar provision.

The agreement includes the House provision with a

clarifying amendment.”

Textile industrial base

Here’s the conference agreement:  “Sec. 865 – Improving the domestic textile and industrial base

The House bill contained a provision (sec. 379) that would

require the Secretary of Defense to issue regulations to require

that optional combat boots worn by members of the Armed Forces

be entirely manufactured in the United States.

The Senate bill contained no similar provision.

The agreement includes the House provision with an

amendment that would improve the domestic textile industrial

base by: (1) Requiring the Secretary of Defense, acting through

the Director of the Industrial Base Analysis and Sustainment

Office, to continue public-private partnerships and investments

into technological advancement of the domestic textile and

footwear industrial base; (2) Requiring the Secretary of Defense

to prioritize resourcing and personnel necessary for the Defense

Contract Management Agency to carry out required oversight

duties; (3) Requiring the Director of the Defense Logistics

Agency, in coordination with the Secretaries of the military

departments, to develop a strategy to maximize the use of annual

or multiyear contracts by the Department of Defense (DOD) for

acquisitions that involve the domestic textile or footwear

industries to promote long-term stability and predictability for

industry; (4) Requiring the Director of the Defense Logistics

Agency to conduct an assessment of the textile and footwear

industrial base to assess supply chain resiliency; and (5)

Requiring each Secretary of a military department to establish,

if one does not exist already, a combat boot certification

program to ensure that boots meet high standards regarding

durability and quality. We note the importance of the textile

and footwear industrial base to the success and lethality of the

warfighter. Maintaining a robust and quality supply chain for

textile and footwear items for servicemembers is imperative for

national security. We expect the Secretaries of the military

departments to prioritize providing clear data to the Defense

Logistics Agency to ensure the goals of longer-term contracting

can be achieved. The textile and footwear industrial base

requires stability and innovation to thrive.”

Requirements for telecommunications prime contractors

Here’s the conference agreement:  The House bill contained a provision (sec. 870B) that

would require the Secretary of Defense to ensure that the

principal office of prime contractors relating to the

procurement of telecommunications are located in the United

States.

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The Senate bill contained no similar provision.

The agreement does not include the House provision.

Social media

Prohibition of use on military installations of social media

controlled by foreign adversaries

The House bill contained a provision (sec. 2871) that

would prohibit any person using a government-owned device from

accessing social media controlled by a foreign adversary while

on a military installation.

The Senate bill contained no similar provision.

The agreement does not include the House provision.

We remain concerned about the security risks posed by

applications developed, owned, or controlled by foreign

adversaries, particularly those that may access sensitive user

data, enable surveillance, or create other vectors for

exploitation of Department of Defense (DOD) personnel, networks,

or facilities. We believe the DOD must continue to assess

emerging applications of concern, strengthen protections for

government-owned devices, and ensure that personnel adhere to

cybersecurity best practices across military installations.

We note that section 1546 of the Servicemember Quality of

Life Improvement and National Defense Authorization Act for

Fiscal Year 2025 (Public Law 118-159) directed the DOD to

develop a risk framework for mobile applications that accounts

Privatized housing

A number of restrictions and oversight provisions addressing privatized housing including 2825—Provide more fidelity of financial information in annual reports and remediation of tenant disputes.