This text is designed to be solely a place to begin and abstract of the language, and isn’t to be taken as authorized recommendation. Part numbers are offered in order that readers can interpret the language discovered within the invoice linked above on their very own.
The total, negotiated textual content of Nationwide Protection Authorization Act for Fiscal 12 months 2026 (FY26 NDAA) was formally launched by congressional conferees on December 8, 2025. FY 2026 NDAA accommodates a number of updates to federal counter-UAS coverage, increasing authorities throughout the Division of Protection (DoD), the Division of Power (DOE), the Division of Homeland Safety (DHS), and the Division of Justice (DOJ). Whereas prior NDAAs targeted closely on Distant ID and protection procurement, this invoice locations new emphasis on coordinated airspace safety, mitigation authority, and reporting necessities.
The sections under define the place counter-UAS authority seems within the invoice and the way these provisions have an effect on businesses and public-safety stakeholders.
DoD’s New Counter-sUAS Hub: Joint Interagency Process Drive 401 (Sec. 912)
Part 912 establishes a brand new framework for coordinating DoD’s response to small-UAS threats. On this part, Congress amends Title 10 of the U.S. Code to create a brand new statutory provision:10 U.S.C. § 199 – Joint Interagency Process Drive 401. Beneath this new authority, DoD should rise up Joint Interagency Process Drive 401. The Director studies on to the Deputy Secretary of Protection and serves because the principal advisor on counter-small UAS issues.
The brand new statute outlines obligations that embrace: main and coordinating all DoD efforts to defeat small unmanned plane (10 U.S.C. § 199(d)(1)), integrating counter-sUAS options throughout the companies (§ 199(d)(2)); and growing and sharing counter-UAS coaching supplies (§ 199(d)(3)).
Part 912(b) requires the Director to establish variations in how every navy division interprets DoD’s present counter-UAS authority below 10 U.S.C. § 130i, together with how every service defines “lined facility or asset.” A report back to Congress is required inside 180 days.
That is the NDAA’s central counter-sUAS structural reform.
Definition of Counter-sUAS Programs (Sec. 912 – 10 U.S.C. § 199(h))
As a part of Part 912, Congress defines “counter-sUAS system” straight within the new statute.
The definition states {that a} counter-sUAS system is a system able to “lawfully and safely disabling, disrupting, or seizing management of a small unmanned plane or small unmanned plane system.” Definitions for unmanned plane and UAS reference 49 U.S.C. § 44801.
This ensures constant terminology throughout DoD and different businesses counting on the definition.
Annual Public Reporting on Counter-UAS Use (Sec. 1261 amending 10 U.S.C. § 130i)
The NDAA amends DoD’s main counter-UAS statute—10 U.S.C. § 130i—via Part 1261 of the invoice, which requires DoD to submit a public annual report outlining how counter-UAS authority was used. The report should embrace:
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the variety of detection and mitigation occasions,
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whether or not unmanned plane had been seized, disabled, or destroyed,
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whether or not actions concerned First Modification-protected exercise,
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any interceptions of UAS communications hyperlinks.
This is among the NDAA’s strongest transparency necessities.
DOE Counter-UAS Authority for Nuclear Amenities (Sec. 3111)
Part 3111 supplies the Division of Power with express statutory authority to take motion in opposition to unmanned plane threatening nuclear websites.
The part authorizes DOE to detect, establish, monitor, or monitor unmanned plane (Sec. 3111(b)(1)); intercept communications used to regulate a drone (Sec. 3111(b)(2)); warn an operator (Sec. 3111(b)(3)); disrupt, seize, confiscate, or use cheap drive to disable or destroy a drone presenting a risk (Sec. 3111(b)(4)).
The part additionally directs DOE and the Division of Transportation to problem implementing rules (Sec. 3111(d)). Definitions for unmanned plane and UAS seem in Sec. 3111(e) and align with FAA statutory language.
SAFER SKIES Act – Expanded Home Counter-UAS Authorities (Title LXXXVI, Secs. 8601–8606)
The SAFER SKIES Act is positioned in Title LXXXVI of the NDAA and accommodates the provisions increasing counter-UAS actions throughout DHS, DOJ, and sure state and native businesses.
Key Sections:
Sec. 8602 – Drone Countermeasures to Shield Public Security
Amends present federal statutes to broaden DHS and DOJ authority to conduct detection, monitoring, and mitigation of unmanned plane that pose credible threats to lined services and occasions.
Sec. 8606 – Rulemaking and Implementation
Requires DHS and DOJ, in coordination with DoD and DOT, to problem rules governing counter-UAS authority for state, native, Tribal, and territorial (SLTT) law-enforcement businesses, and correctional businesses.
Coaching and compliance necessities should be established earlier than any SLTT entity might conduct counter-UAS operations. Notably, Secs. 8603 and 8604 on this Title deal with UAS and counter-UAS grant eligibility however don’t broaden mitigation authorities.
Penalties and Guardrails (Sec. 8605)
Part 8605 updates federal legal penalties, together with enhanced penalties for utilizing UAS to commit different crimes;new sentencing tips requiring greater offense ranges for UAS-related misconduct (Sec. 8605(d)); penalties—as much as $100,000 per violation—for people or businesses who conduct unauthorized counter-UAS actions with out required federal coordination (Sec. 8605(f)).
These enforcement mechanisms are designed to stop misuse of rising counter-UAS authority.
The FY 2026 NDAA introduces essentially the most important counter-UAS restructuring since DoD’s unique authorities had been enacted. Part 912 establishes a devoted activity drive to unify DoD’s method; Part 3111 extends related authority to DOE for nuclear safety; and Title LXXXVI expands home counter-UAS instruments below DHS and DOJ whereas creating strict reporting and compliance necessities. As drone exercise will increase round delicate areas, these sections sign a extra coordinated federal method to counter-UAS operations.
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Miriam McNabb is the Editor-in-Chief of DRONELIFE and CEO of JobForDrones, an expert drone companies market, and a fascinated observer of the rising drone business and the regulatory setting for drones. Miriam has penned over 3,000 articles targeted on the industrial drone house and is a global speaker and acknowledged determine within the business. Miriam has a level from the College of Chicago and over 20 years of expertise in excessive tech gross sales and advertising for brand new applied sciences.
For drone business consulting or writing, E mail Miriam.
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