This article is designed to be only a starting point and summary of the language, and is not to be taken as legal advice. Section numbers are provided so that readers can interpret the language found in the bill linked above on their own.
The full, negotiated text of National Defense Authorization Act for Fiscal Year 2026 (FY26 NDAA) was officially released by congressional conferees on December 8, 2025. FY 2026 NDAA contains several updates to federal counter-UAS policy, expanding authorities across the Department of Defense (DoD), the Department of Energy (DOE), the Department of Homeland Security (DHS), and the Department of Justice (DOJ). While prior NDAAs focused heavily on Remote ID and defense procurement, this bill places new emphasis on coordinated airspace security, mitigation authority, and reporting requirements.
The sections below outline where counter-UAS authority appears in the bill and how those provisions affect agencies and public-safety stakeholders.
DoD’s New Counter-sUAS Hub: Joint Interagency Task Force 401 (Sec. 912)
Section 912 establishes a new framework for coordinating DoD’s response to small-UAS threats. In this section, Congress amends Title 10 of the U.S. Code to create a new statutory provision:10 U.S.C. § 199 – Joint Interagency Task Force 401. Under this new authority, DoD must stand up Joint Interagency Task Force 401. The Director reports directly to the Deputy Secretary of Defense and serves as the principal advisor on counter-small UAS matters.
The new statute outlines responsibilities that include: leading and coordinating all DoD efforts to defeat small unmanned aircraft (10 U.S.C. § 199(d)(1)), integrating counter-sUAS solutions across the services (§ 199(d)(2)); and developing and sharing counter-UAS training materials (§ 199(d)(3)).
Section 912(b) requires the Director to identify differences in how each military department interprets DoD’s existing counter-UAS authority under 10 U.S.C. § 130i, including how each service defines “covered facility or asset.” A report to Congress is required within 180 days.
This is the NDAA’s central counter-sUAS structural reform.
Definition of Counter-sUAS Systems (Sec. 912 – 10 U.S.C. § 199(h))
As part of Section 912, Congress defines “counter-sUAS system” directly in the new statute.
The definition states that a counter-sUAS system is a system capable of “lawfully and safely disabling, disrupting, or seizing control of a small unmanned aircraft or small unmanned aircraft system.” Definitions for unmanned aircraft and UAS reference 49 U.S.C. § 44801.
This ensures consistent terminology across DoD and other agencies relying on the definition.
Annual Public Reporting on Counter-UAS Use (Sec. 1261 amending 10 U.S.C. § 130i)
The NDAA amends DoD’s primary counter-UAS statute—10 U.S.C. § 130i—through Section 1261 of the bill, which requires DoD to submit a public annual report outlining how counter-UAS authority was used. The report must include:
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the number of detection and mitigation events,
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whether unmanned aircraft were seized, disabled, or destroyed,
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whether actions involved First Amendment-protected activity,
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any interceptions of UAS communications links.
This is one of the NDAA’s strongest transparency requirements.
DOE Counter-UAS Authority for Nuclear Facilities (Sec. 3111)
Section 3111 provides the Department of Energy with explicit statutory authority to take action against unmanned aircraft threatening nuclear sites.
The section authorizes DOE to detect, identify, monitor, or track unmanned aircraft (Sec. 3111(b)(1)); intercept communications used to control a drone (Sec. 3111(b)(2)); warn an operator (Sec. 3111(b)(3)); disrupt, seize, confiscate, or use reasonable force to disable or destroy a drone presenting a threat (Sec. 3111(b)(4)).
The section also directs DOE and the Department of Transportation to issue implementing regulations (Sec. 3111(d)). Definitions for unmanned aircraft and UAS appear in Sec. 3111(e) and align with FAA statutory language.
SAFER SKIES Act – Expanded Domestic Counter-UAS Authorities (Title LXXXVI, Secs. 8601–8606)
The SAFER SKIES Act is located in Title LXXXVI of the NDAA and contains the provisions expanding counter-UAS activities across DHS, DOJ, and certain state and local agencies.
Key Sections:
Sec. 8602 – Drone Countermeasures to Protect Public Safety
Amends existing federal statutes to expand DHS and DOJ authority to conduct detection, tracking, and mitigation of unmanned aircraft that pose credible threats to covered facilities and events.
Sec. 8606 – Rulemaking and Implementation
Requires DHS and DOJ, in coordination with DoD and DOT, to issue regulations governing counter-UAS authority for state, local, Tribal, and territorial (SLTT) law-enforcement agencies, and correctional agencies.
Training and compliance requirements must be established before any SLTT entity may conduct counter-UAS operations. Notably, Secs. 8603 and 8604 in this Title handle UAS and counter-UAS grant eligibility but do not expand mitigation authorities.
Penalties and Guardrails (Sec. 8605)
Section 8605 updates federal criminal penalties, including enhanced penalties for using UAS to commit other crimes;new sentencing guidelines requiring higher offense levels for UAS-related misconduct (Sec. 8605(d)); penalties—up to $100,000 per violation—for individuals or agencies who conduct unauthorized counter-UAS actions without required federal coordination (Sec. 8605(f)).
These enforcement mechanisms are designed to prevent misuse of emerging counter-UAS authority.
The FY 2026 NDAA introduces the most significant counter-UAS restructuring since DoD’s original authorities were enacted. Section 912 establishes a dedicated task force to unify DoD’s approach; Section 3111 extends similar authority to DOE for nuclear security; and Title LXXXVI expands domestic counter-UAS tools under DHS and DOJ while creating strict reporting and compliance requirements. As drone activity increases around sensitive locations, these sections signal a more coordinated federal approach to counter-UAS operations.
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Miriam McNabb is the Editor-in-Chief of DRONELIFE and CEO of JobForDrones, a professional drone services marketplace, and a fascinated observer of the emerging drone industry and the regulatory environment for drones. Miriam has penned over 3,000 articles focused on the commercial drone space and is an international speaker and recognized figure in the industry. Miriam has a degree from the University of Chicago and over 20 years of experience in high tech sales and marketing for new technologies.
For drone industry consulting or writing, Email Miriam.
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