Industrial policy and productivity

HR 3838: Streamlining Procurement for Effective Execution and Delivery and National Defense Authorization Act for Fiscal Year 2026

Streamlining Procurement for Effective Execution and Delivery and National Defense Authorization Act for Fiscal Year 2026

This bill sets forth policies and authorities for FY2026 for Department of Defense (DOD) programs and activities, military construction, and the national security programs of the Department of Energy and the Maritime Administration. It also authorizes appropriations for the Defense Nuclear Facilities Safety Board and the Naval Petroleum Reserves, and modifies the defense acquisition system to expedite delivery of capabilities to the Armed Forces.

Among other elements, the bill

  • authorizes the acquisition or modification of various military items (e.g., aircraft) and sets policy for certain procurement programs;
  • authorizes research, development, test, and evaluation and sets policy for such activities;
  • sets active component and reserve component end-strength levels;
  • sets policy regarding various aspects of military health care and military compensation;
  • sets policy regarding acquisitions and acquisition management, including contracting authorities and small businesses;
  • sets policy for various matters related to DOD interactions with foreign nations, including matters concerning Israel;
  • sets policy for various matters related to DOD cyber activities, cyber workforce and training, cybersecurity, and artificial intelligence matters; and
  • authorizes the activities of the National Nuclear Security Administration, defense environmental cleanup, nuclear energy, and other defense activities.

For additional information on the National Defense Authorization Act (NDAA) see

HR 1721: Critical Infrastructure Manufacturing Feasibility Act

Critical Infrastructure Manufacturing Feasibility Act

This bill requires the Department of Commerce to study and report on products that are in high demand across the critical infrastructure sectors. Critical infrastructure sectors are those whose assets, systems, and networks are vital to national security, the economy, public health or safety, or any combination of those matters.

The study must (1) identify the products in high demand across those sectors that are being imported due to manufacturing, material, or supply chain constraints; and (2) analyze the costs, benefits, and feasibility of manufacturing those products in the United States.

HJRES 42: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Energy relating to “Energy Conservation Program for Appliance Standards: Certification Requirements, Labeling Requirements, and Enforcement Provisions for Certain Consumer Products and Commercial Equipment”.

This joint resolution nullifies the Energy Conservation Program for Appliance Standards: Certification Requirements, Labeling Requirements, and Enforcement Provisions for Certain Consumer Products and Commercial Equipment rule published by the Department of Energy (DOE) on October 9, 2024. Under the rule, DOE modified its regulations on the energy efficiency of certain types of consumer products (e.g., washing machines and dishwashers) and industrial equipment (e.g., computer room air conditioners). Specifically, it modified certification requirements, labeling requirements, and enforcement provisions for these products and equipment to (1) align reporting requirements with currently applicable energy conservation standards and test procedures, and (2) provide DOE with the information necessary to determine the appropriate classification of products for the application of standards. 

HR 1122: China Technology Transfer Control Act of 2025

China Technology Transfer Control Act of 2025

This bill controls exports of certain national interest technology and intellectual property to China.

Specifically, covered technology or intellectual property includes items that (1) would contribute significantly to the Chinese military to the detriment of U.S. national security, (2) are included in a designated list of product components compiled by the Office of the U.S. Trade Representative (USTR), or (3) are used by China to violate human rights or religious liberties.

The President must control exports to China of any covered technology or intellectual property. Further, the President must sanction (1) a foreign person who sells to China or purchases from China any covered item, and (2) a Chinese person who knowingly uses a covered item provided to them in violation of U.S. export control law.

The USTR must compile a list of certain products from China that that are subject to the bill because they either receive designated support from the Chinese government or are used by China to violate human rights or religious liberties. The bill requires the USTR to include products from certain industries (e.g., civil aircraft, artificial intelligence, semiconductors, and biotechnology) on the list. 

HR 421: Small Business Regulatory Flexibility Improvements Act

Small Business Regulatory Flexibility Improvements Act

This bill modifies the rulemaking requirements and procedures of federal agencies under the Regulatory Flexibility Act of 1980 and the Small Business Regulatory Enforcement Fairness Act of 1996, including how agencies consider economic impact with respect to small entities.

Specifically, the bill requires agencies to consider the direct, and the reasonably foreseeable indirect, economic effect of a rule on small entities when determining whether a rule is likely to have a significant economic impact. Further, the regulatory flexibility analysis for rules with a significant economic impact must include a detailed description of alternatives to a proposed rule that minimize any adverse significant economic impact or maximize any beneficial significant economic impact on small entities. The bill also expands the types of agency actions (e.g., revisions to land management plans) that are subject to a regulatory impact analysis.

The bill removes the authority for an agency to waive the regulatory flexibility analysis requirements and requires the Office of Advocacy of the Small Business Administration to issue rules for compliance with such requirements.

The bill also modifies the procedures for the (1) gathering of comments for a proposed rule, (2) periodic review of agency rules, and (3) judicial review of final rules.

S 99: Strengthening Support for American Manufacturing Act

Strengthening Support for American Manufacturing Act

This bill requires the Department of Commerce to contract with the National Academy of Public Administration to study and report on the offices and bureaus of the department that are relevant to critical supply chain resilience and manufacturing and industrial innovation.

The report must evaluate the purpose, statutory authority, effectiveness, efficiency, and limitations of each such office and bureau and provide recommendations to improve their effectiveness, efficiency, and impact.

S 77: Early Participation in Regulations Act of 2025

Early Participation in Regulations Act of 2025

This bill directs agencies to publish an advance notice of a proposed rulemaking at least 90 days before publishing a notice of proposed rulemaking for a major rule. A major rule is a rule that the Office of Information and Regulatory Affairs (OIRA) determines is likely to impose (1) an annual economic effect of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, health, safety, the environment, or the ability of U.S. enterprises to compete with foreign-based enterprises.

The advance notice must

  • include a description of the problem the rule may address, alternatives under consideration, and the legal authority for proposing the rule; and
  • solicit and provide at least 30 days for submission of written data, views, and argument from interested persons.

Any difference between such advance notice and the notice of proposed rulemaking may not be considered arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law for the purposes of review under the Administrative Procedure Act.

Advance notice is not required if the proposing agency is not required to publish notice of proposed rulemaking or OIRA finds that advance notice is (1) not in the public interest, (2) duplicative of a similar process, (3) not practicable due to a required deadline, or (4) for a rule that is routine or periodic in nature.

HR 142: Regulations from the Executive in Need of Scrutiny Act of 2025

Regulations from the Executive in Need of Scrutiny Act of 2025

This bill revises provisions relating to congressional review of agency rulemaking.

Specifically, the bill establishes a congressional approval process for a major rule. A major rule may only take effect if Congress approves of the rule. A major rule is a rule that has resulted in or is likely to result in (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises.

The bill generally preserves the current congressional review process for a nonmajor rule.