FY2026 NDAA, Section 1234 ("Research, development, test, and evaluation of emerging technologies to further the warfighting capabilities of the United States and certain partner countries")

Summary

Authorizes the Secretary of Defense to collaborate with partner countries on research and development of emerging technologies, including artificial intelligence, to enhance defense capabilities.

Requires consultation with the Secretary of State, the Secretary of Commerce, and the Director of National Intelligence in these efforts.

Demands protection of sensitive information and compliance with export control laws for any activities involving AI and other technologies.

Prohibits initiating activities with a partner country until a detailed report is submitted to congressional committees, outlining cost-sharing and security measures.

Mandates semiannual reporting to Congress and designates the Irregular Warfare Technology Support Directorate as the lead agency.

Prioritizes safeguarding technologies from access by foreign adversaries, like China, as part of bilateral agreements with partner nations.

Authorizes the Secretary of Defense to collaborate on AI research, development, test, and evaluation with partner countries for defense purposes.

SEC. 1234. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION OF EMERGING TECHNOLOGIES TO FURTHER THE WARFIGHTING CAPABILITIES OF THE UNITED STATES AND CERTAIN PARTNER COUNTRIES. (a) Authority.--The Secretary of Defense, upon request by the Ministry of Defense of a covered partner country and in consultation with the Secretary of State, the Secretary of Commerce, and the Director of National Intelligence, is authorized to carry out, jointly with the covered partner country, research, development, test, and evaluation of emerging technologies to further the warfare capabilities of the United States and the covered partner country to meet emerging defense challenges, including in the areas of artificial intelligence, cybersecurity, robotics, quantum, and automation.

Requires activities under subsection (a) to adhere to Export Administration Regulations and other arms export laws.

(b) Protection of Sensitive Information.--Any activity carried out pursuant to the authority of subsection (b) shall be conducted in a manner that robustly protects sensitive information and the national security interests of the United States and the covered partner country. (c) Applicability of Export Control Restrictions.--Any activity authorized under subsection (a), including fundamental research, open source, and standards-related activities, for the development, production, or use of goods, technology, software, knowledge, or source code shall be subject to-- (1) the Export Administration Regulations under subchapter C of title 15, Code of Federal Regulations; and (2) all other laws applicable to the control of arms exports.

Prohibits activities with partner countries until the Secretary of Defense submits a comprehensive report to Congress.

(d) Report.--None of the activities described in subsection (a) may be carried out with respect to a covered partner country until the date on which the Secretary of Defense, in consultation with the Secretary of State, the Secretary of Commerce, and the Director of National Intelligence submits to the appropriate congressional committees a report with respect to that partner country that includes the following: (1) A memorandum of agreement between the United States and the covered partner country regarding sharing of costs and security safeguards for the activities described in subsection (a), and any supporting documents. (2) A certification that such memorandum of agreement-- (A) requires sharing of costs of the activities and security safeguards described in subsection (a), including in- kind support, between the United States and the covered partner country; (B) establishes the rights of the United States to any intellectual property developed under the memorandum of agreement; (C) requires the United States Government to receive semiannual reports on expenditure of funds, if any, by the government of the covered partner country, including-- (i) a description of what the funds have been used for; (ii) a description of when funds were expended; (iii) an identification of entities that expended the funds; and (iv) the export control regimes in place in the covered partner country to protect sensitive technology, including related intellectual property and innovation efforts; and (D) includes robust safeguards against the ability of the People's Republic of China or other foreign adversaries of the United States from, directly or indirectly, accessing, acquiring, or benefitting from any potential innovation, technology, research, product, or application funded, produced, or utilized by the partnership.

Designates the Irregular Warfare Technology Support Directorate as lead for implementing this section's provisions; requires the Secretary of Defense to submit a report on a semiannual basis containing a copy of the most recent semiannual report provided by the government of each covered partner country to the DoD.

(e) Lead Agency.--Not earlier than the date on which the Secretary of Defense submits the first report pursuant to subsection (d), the Secretary shall designate the Irregular Warfare Technology Support Directorate of the Department of Defense as the lead agency of the Department in carrying out this section. (f) Semiannual Reports.--The Secretary of Defense shall submit to the appropriate congressional committees on a semiannual basis a report that contains a copy of the most recent semiannual report provided by the government of each covered partner country to the Department of Defense pursuant to subsection (d)(2)(C).

Defines "appropriate congressional committees" and "covered partner country" for purposes related to defense agreements.

(g) Definitions.--In this section-- (1) the term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the term ``covered partner country'' means a country that, as of June 1, 2025, has signed a bilateral agreement with the United States that is managed by the Irregular Warfare Technology Support Directorate of the Department of Defense.