The US Congress passed the National Defense Authorization Act for Fiscal Year 2026 (NDAA-2026), in which lawmakers prohibited the Pentagon from unauthorizedly diverting weapons made for Ukraine. In the event of an emergency need for such weapons, compensation is provided.
This was reported by Militarnyi after analyzing the adopted law.
The total amount of the NDAA-2026 is about $900 billion, making it one of the largest defense budgets in US history.
The law provides for the continuation of the Security Assistance Initiative (USAI) and the allocation of $400 million in 2026. Another $400 million is provided for 2027. Initially, the Senate proposed $500 million, and the House of Representatives – $300 million. As a result of the negotiations, the parties came to the compromise at the level of $400 million.
These funds are not focused on direct deliveries from US warehouses, but to the production of new weapons by the US industry. It also includes training, maintenance, and logistics support.
However, it is worth noting that the actual costs are managed by the Pentagon under the leadership of Pete Hegseth. Therefore, even the allocated funds only provide an opportunity to provide assistance. If the Trump administration decides not to do so, the funds will remain unclaimed. For example, in fiscal year 2025, the US Congress budgeted 300 million for USAI. However, the Trump administration has not used these funds.
Weapon defense for Ukraine
The key points in the new budget were the definition of the conditions under which the Pentagon can redirect weapons that have already been funded for Ukraine in previous budgets, the prevention of doing so ‘without cause,’ and the compensation for redirected supplies.
Thus, according to the law, equipment purchased for Ukraine can be considered as stocks of the Department of Defense and used for its own needs only if it has not yet been transferred to the Ukrainian government:
- such equipment has not yet been transferred to the Government of Ukraine and is urgently needed to address a shortage that affects a current or expected, imminent contingency operation of the United States, which, if not met, could result in loss of life or critical disruption of the mission of the United States Armed Forces;
- such equipment has not yet been transferred to the Government of Ukraine and is no longer required to support the program;
- such equipment has been transferred to the Government of Ukraine and returned by Ukraine to the United States.
Pursuant to Section 1250(2) of the Act, if the equipment is considered to be stockpiled by the Department of Defense under paragraph (1), the Secretary of Defense is required to use funds appropriated after the date of enactment of the National Defense Authorization Act for Fiscal Year 2026 to begin actions to replace such equipment for Ukraine within 30 days of the date of notification.
The Secretary of Defense may treat equipment procured for Ukraine as Department of Defense stocks under paragraph (1) only if the Secretary of Defense submits to the Committees on Defense, Foreign Relations, and Foreign Affairs of the House of Representatives a notice describing how the relevant conditions for such treatment have been met.
Notification of equipment described in paragraph (1) shall be submitted as soon as practicable, but not later than 48 hours after the date on which the Secretary of Defense has decided to treat such equipment as Departmental stocks, and in other cases not less than 15 days before the decision takes effect.
In the case of the treatment of equipment as Department of Defense stocks under paragraph (1), the Secretary of Defense is required to submit to the congressional defense committees, not later than 15 days after the notification, a report setting forth the Department of Defense’s plan for replacing the equipment originally intended for Ukraine, including sources of supply, procurement and delivery timeframes.
The law also restricts the possibility of terminating intelligence sharing with Ukraine. The Secretary of Defense is now required to submit a notification to the Senate and House Armed Services Committees, the Senate Select Committee on Intelligence, and the House Permanent Select Committee on Intelligence no later than 48 hours after making a decision to suspend, terminate, or otherwise limit or significantly reduce intelligence support to Ukraine.
The notification must contain:
- a detailed description of the reasons for the suspension, termination, limitation, or substantial reduction of the level of US support
- the expected duration of the suspension, termination, limitation or significant reduction of the level of support
- the projected impact of such a decision on Ukraine’s ability to conduct effective military operations.
Supporting the contingent in Europe and confronting China
Another important point is the prohibition to reduce the number of US troops in Europe below 76,000. Currently, the US contingent in the region is about 85,000 troops.
The law requires consultations with NATO allies and a detailed analysis of security risks in the event of any plans to reduce the presence. It also prohibits the United States from giving up its key role in NATO’s command structure.
The third block of the NDAA-2026 concerns China and introduces controls on US investments in sensitive technologies. Companies and US citizens are required to notify the Treasury Department of such transactions.
The areas of artificial intelligence, semiconductors, quantum and biotechnology, which can enhance China’s military potential, are subject to control. The US government becomes eligible to block risky investments.
(Militarnyi)
