• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to secondary sidebar
  • Skip to footer
  • DroneRacingLife
  • DroneFlyers
  • Newsletter
DroneLife

DRONELIFE

Stay up to date on all the latest Drone News

  • News
  • Products
  • Industries
    • Agriculture
    • Construction
    • Delivery
    • Dual Use
    • Inspection
    • Public Safety
    • Surveying
  • Enthusiasts
  • Regulations
  • Business
  • Video
  • Podcasts

NDAA FY 2026: Key Counter-UAS Provisions Explained

December 9, 2025 by Miriam McNabb Leave a Comment

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:

  • the number of detection and mitigation events,

  • whether unmanned aircraft were seized, disabled, or destroyed,

  • whether actions involved First Amendment-protected activity,

  • 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.

Read more:

  • Senate Version FY26 NDAA Focuses on Supply Side for Small Drones
  • Police Agencies Push Congress for Counter-Drone Powers
  • Counter UAS Update, From the Floor of National Public Safety UAS Conference
Miriam McNabb

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.

TWITTER:@spaldingbarker

Subscribe to DroneLife here.

Filed Under: C-UAS, DL Exclusive, Drone News, Drone News Feeds, Drones in the News, Dual Use, Featured, News Tagged With: airspace security, Counter UAS, DHS, DOE, DOJ, drone legislation, drone mitigation, NDAA FY26, sUAS threats, UAS policy

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

LATEST

The Drone Industry Is More Global Than You Think

LexisNexis patent analysis finds China leads in patent volume, while U.S. patent strength has caught up and emerging drone IP…

Continue Reading The Drone Industry Is More Global Than You Think

Powerus Set to Complete Merger and Become Nasdaq-Listed Drone Company

Combination with Aureus Greenway Holdings is expected to close October 1 as the autonomous systems company scales U.S. production Defense…

Continue Reading Powerus Set to Complete Merger and Become Nasdaq-Listed Drone Company

Robin Radar Triples Capacity With New Counter-UAS Radar Facility

9,000-square-meter Delft headquarters expands radar development, production and support as global demand for drone detection grows Robin Radar Systems has…

Continue Reading Robin Radar Triples Capacity With New Counter-UAS Radar Facility

Fortem Raises $50 Million to Scale Counter-Drone Systems

Lockheed Martin leads Series B as demand grows for integrated detection, tracking and drone interception technology Fortem Technologies has closed…

Continue Reading Fortem Raises $50 Million to Scale Counter-Drone Systems

DoorDash Unveils Purpose-Built Drone and End-to-End Delivery System

DoorDash Air combines a new six-propeller aircraft with restaurant loading infrastructure and the company’s existing delivery marketplace DoorDash has unveiled…

Continue Reading DoorDash Unveils Purpose-Built Drone and End-to-End Delivery System

Skydio Unveils F10 Lightrunner Fixed-Wing Drone and MegaDock at Ascend 2026

The company’s first fixed-wing aircraft flies up to 100 mph across a 30-mile radius from a five-aircraft robotic dock, alongside…

Continue Reading Skydio Unveils F10 Lightrunner Fixed-Wing Drone and MegaDock at Ascend 2026

Matternet Unveils M3 Autonomous Drone Delivery Platform for Rooftop Micro-Hubs

The next-generation system pairs a new aircraft, dock and drop-box portal so restaurants, retailers and hospitals can send packages without…

Continue Reading Matternet Unveils M3 Autonomous Drone Delivery Platform for Rooftop Micro-Hubs

Blue Marble Moves Toward an End-to-End Geospatial Workflow

New Global Mapper subscription brings geospatial tools together as Blue Marble builds deeper connections between drone data, desktop analysis and…

Continue Reading Blue Marble Moves Toward an End-to-End Geospatial Workflow

DIU Launches $100 Million Challenge for Low-Cost ISR Aircraft

U.S. and international manufacturers invited to compete, with up to $250 million more budgeted for development and scaled production The…

Continue Reading DIU Launches $100 Million Challenge for Low-Cost ISR Aircraft

U.S. Awards Amprius Up to $75 Million to Expand Domestic Drone Battery Production

Federal grant will support conversion of an existing EV battery line to produce high-energy-density cells for Group 1, 2 and…

Continue Reading U.S. Awards Amprius Up to $75 Million to Expand Domestic Drone Battery Production

Secondary Sidebar

Footer

SPONSORED

What Is the Best Commercial Cleaning Drone in 2026? Specs, Prices, and a Head-to-Head Comparison

Inspired Flight Gremsy IF800 VIO F1 drones geo week

What Will It Take to Strengthen U.S. Drone Manufacturing? A Conversation with Inspired Flight’s CEO

Global Mapper Mobile data collection

Collection Ground Control Points with Global Mapper Mobile

Military Drone Mapping Solutions

How SimActive’s Correlator3D™ is Revolutionizing Military Mapping: An Exclusive Interview with CEO Philippe Simard

Photogrammetry Accuracy Standards

SimActive Photogrammetry Software: Enabling Users to Meet Accuracy Standards for Over 20 Years

NACT Engineering Parrot ANAFI tether indoor shot

Smart Tether for Parrot ANAFI USA from NACT Engineering

About Us | Contact Us | Advertise With Us | Write for Us | Privacy Policy | Terms of Service

The Trusted Source for the Business of Drones.

This website uses cookies and third party services. By clicking OK, you are agreeing to our privacy policy. ACCEPT

Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT