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

HR 3838/S ???

Author

Dusty Wilson
September 09, 2025

What is this bill?

This is the House’s competing version of S 2296, which funds the Departments of Defense and Energy for 2026. The main difference is that this one was curated with bipartisan support…yay.

What makes this bill fascist?

Apparently bipartisan support means letting the other side have a little fascism. You know, as a treat.

Just like with my rundown on S 2296, I’m going to focus just on the fascist sections of this bill. I’ll also refer back to the previous article on S 2296 quite a bit due to similarities or exactly similar wording, so it’s best to have both articles open for easy comparison.

  • Section 524 : This section has the most in common with Sec. 547 in S 2296. However, instead of prescribing a “merit-based” system solely for military recruits, Sec 524 would be aimed at all military promotions, demotions, assignments, command selections, and trainings. Once again, I highly recommend reading “How White Privilege Disproves the Lie About a Merit-Based Society” by Dr. Allison Wirtz to understand why “merit-based” is just a racist dog whistle.

  • Section 525: This section is a paragraph than bans the use of funds in this bill from being used “…for Diversity, Equity, and Inclusion.”

  • Section 526 : This section bans COVID-19 vaccine mandates for service members & civilian employees of the Department of Defense.

  • Section 531: This section appears to be exactly the same as Sec 584 of S 2296, which would require public high schools to allow no fewer than four military recruitment events per school year. As to why this is fascist, check out the write-up in S 2296.

  • Section 549a: Once again, we have a super quick section. This one bans the use of funds outlined in the bill from being used to endorse Critical Race Theory at military universities, in military training, or military education.

  • Section 901: Of all the things to copy word-for-word from S 2296, this is one of the most shocking. In the Senate bill, this is under Sec 920. This would lead to the “elimination of statutory provisions relating to diversity, equity, and inclusion in the Department of Defense.” Please check out the write-up in S 2296 to see all the reports, positions, and initiatives that this section would end.

  • Sections 1032-35: Once again, we have a whole section copy pasted from the Senate bill, specifically sections 1021-24. This section bans the use of funds to close Guantanamo Bay, to move detainees of Guantanamo Bay, or to build facilities on the mainland to house current detainees.

  • Section 1049: Now this is the one section that is wholly unique to HR 3838 that fits the definition of fascist. This section would ban funds outlined in the bill from being granted to universities “…that allow antisemitic demonstrations.” Universities would have to “…take action to mitigate and prevent further antisemitic demonstrations,” or they would be banned from funds. The thing that makes this fascist is the way that antisemitism has been weaponized by the government & how it has become a catch-all term for any pro-Palestine/anti-genocide protests. Furthermore, pro-Palestine student activists were some of the very first targets of the Trump administration. On top of all of this, the Trump administration used the student protests as an excuse to mold Columbia University to the administration’s will and has turned into a template to use against other university’s. The only thing that this section will do is gift the Trump administration with an extra tool to crack down on free speech, non-white studies, and punish universities that aren’t draconian enough.

  • Section 1212-13: This section is very similar to Secs 1255-56 of S 2296. The main difference is funding. Instead of an increase in funding of the US-Israel Anti-Tunnel Cooperative, funding stays the same. For the unmanned aerial systems, HR 3838 would grant a $15m increase rather than a $20m increase.

Edit (9/11/25): Prior to the House vote, 16 amendments received votes. Of those, 6 were decidedly fascist:

  • Amendment 13, sponsored by Ralph Norman (R-SC-5), Claudia Tenney (R-NY-24), and Josh Brecheen (R-OK-2): bans gender affirming care from the Exceptional Family Medical Program

    • Passed 221-210 

      • Dems voting yea: Henry Cuellar (TX-28), Don Davis (NC-1), Vicente Gonzalez (TX-34), & Adam Gray (CA-13).

      • GOP voting nay: Kimberlyn King-Hinds (Northern Marianas Islands Delegate)

  • Amendment 14, sponsored by Nancy Mace (R-SC-1), Claudia Tenney (R-NY-24), and Josh Brecheen (R-OK-2): bans gender affirming care from being covered by TriCARE

    • Passed 221-207

      • Dems voting yea: Henry Cuellar (TX-28), Don Davis (NC-1), Cleo Fields (LA-6), Shomari Figures (AL-2), Vicente Gonzalez (TX-34), & Adam Gray (CA-13)

      • GOP voting nay: David Joyce (OH-14) & Kimberlyn King-Hinds (Northern Marianas Islands Delegate)

  • Amendment 15, sponsored by Nancy Mace (R-SC-1), Claudia Tenney (R-NY-24): bans trans women from women’s sports and programs in the military academies

    • Passed 227-201

      • Dems voting yea: Henry Cuellar (TX-28), Don Davis (NC-1), Laura Gillen (NY-4), Jared Golden (ME-2), Adam Gray (CA-13), Susie Lee (NV-3), John Mannion (NY-22), Marie Glusenkamp Perez (WA-3), Kim Schrier (WA-8), & Tom Suozzi (NY-3)

  • Amendment 16, sponsored by Nancy Mace (R-SC-1), Claudia Tenney (R-NY-24): bans the Sec of Defense from allowing people to state their gender and pronouns

    • Passed 221-210

      • Dems voting yea: Henry Cuellar (TX-28), Don Davis (NC-1), Vicente Gonzalez (TX-34), & Adam Gray (CA-13)

      • GOP voting nay: Kimberlyn King-Hinds (Northern Marianas Islands Delegate)

  • Amendment 17, sponsored by Nancy Mace (R-SC-1), Claudia Tenney (R-NY-24): bathroom bill for military bases that require people to use the bathroom of their sex at birth

    • Passed 219-209

      • Dems voting yea: Henry Cuellar (TX-28), Don Davis (NC-1), & Adam Gray (CA-13)

      • GOP voting nay: Kimberlyn King-Hinds (Northern Marianas Islands Delegate)

  • Amendment 18, sponsored by Cory Mills (R-FL-7): bans base commanders from flying any flags other than those approved ahead of time. This is often used as a way to prohibit the flying of any pride flags.

    • Passed 222-210

      • Dems voting yea: Henry Cuellar (TX-28), Don Davis (NC-1), Laura Gillen (NY-4), Jared Golden (ME-2), & Marie Glusenkamp Perez (WA-3)

      • GOP voting nay: Mike Lawler (NY-17) & James Moylan (Guam Delegate)

  • Amendment 29, sponsored by Andy Biggs (R-AZ-5): bans the government from listing any land owned by the National Guard as a critical habitat under the Endangered Species Act and would exempt military personal from harming protected species on NG land. I'm calling this one fascist due to it prohibiting the military from being charged under a law everyone else is held to.

    • Failed 200-228

      • Dems voting yea: Don Davis (NC-1) & Stacey Plaskett (US Virgin Islands Delegate)

      • GOP voting nay: Don Bacon (NE-2), Bob Bresnahan (PA-8), Chuck Edwards (NC-11), Brian Fitzpatrick (PA-1), Andrew Garbarino (NY-2), Morgan Griffith (VA-9), Tom Kean (NJ-7), Kimberlyn King-Hinds (Northern Marianas Islands Delegate), Nick LaLota (NY-1), Mike Lawler (NY-17), Laurel Lee (FL-15), Nancy Mace (SC-1), Ryan Mackenzie (PA-7), Nicole Malliotakis (NY-11), James Moylan (Guam Delegate), Jefferson Shreve (IN-6), David Valadao (CA-22), & Ryan Zinke (MT-1)

Which Dems voted for this?

Did it pass?

  • Passed the House on 9/11/25 by a vote of 231-196