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Code · BILL · 119th Congress · S. 1071 (EAH) — 119 S1071 EAH: National Defense Authorization Act for Fiscal Year 2026 · Sec. 912

Sec. 912. Joint Interagency Task Force 401

1,315 words·~6 min read·/bill/119/s/1071/eah/section-912

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Subchapter I of chapter 8 of title 10, United States Code, is amended by adding at the end the following new section: There is established in the Department of Defense a joint activity to be known as the Joint Interagency Task Force 401 (referred to in this section as the Task Force ). There is a Director of the Task Force (referred to in this section as the Director ) who shall be appointed by the Secretary of Defense from among personnel of the Department of Defense who are— general or flag officers of the covered armed forces; or members of the Senior Executive Service.
The Director shall report directly to the Deputy Secretary of Defense and shall serve as the principal advisor to the Deputy Secretary and the Chairman of the Joint Chiefs of Staff on counter-small unmanned aircraft system matters. The Task Force shall— be designated as a jointly manned activity with full joint manning support from the covered armed forces as determined by the Director; and shall consist of such other subordinate organizational elements as the Director determines appropriate, subject to the authority, direction, and control of the Secretary of Defense with support from designated organizational elements within the Office of the Secretary of Defense as determined by the Director in coordination with the Secretary.
The responsibilities of the Task Force shall include the following: Lead, advocate, coordinate, and focus all Department of Defense actions in support of efforts of the combatant commands and the covered armed forces to defeat small unmanned aircraft systems (referred to in this section as sUAS ) as weapons of strategic influence. Integrate all counter-sUAS solutions throughout the Department of Defense, seeking interagency participation and assistance as necessary. Develop and share counter-sUAS training tools, expertise, and tactics, techniques, and procedures for components of the Department of Defense that address needs of the joint force.
Coordinate efforts across the Department of Defense to develop, test, evaluate, and procure counter-sUAS kinetic and non-kinetic defeat capabilities. Carry out the counter-sUAS validation and acquisition responsibilities described in subsections
(e)and (f). Develop and regularly update a counter-sUAS strategic plan. Carry out such other activities relating to counter-sUAS as the Secretary of Defense determines appropriate. The Task Force shall serve as the entity within the Department of Defense with primary responsibility for the validation and approval of counter-sUAS systems for procurement and use by the Department. In coordination with other components of the Department of Defense, the Director shall develop, maintain, and regularly update a list of counter-sUAS systems that are validated and approved for procurement and use by the Department as described in paragraph (1). The Director shall ensure that each counter-sUAS system on the list has been vetted by the Task Force and has proven to be effective for use by the Department in countering sUAS. Except as provided in paragraph (4), no component of the Department of Defense may procure a counter-sUAS system unless such system— has been validated and approved by the Task Force under paragraph (1); and is included on the list maintained under paragraph (2). The service acquisition executive of the military department concerned (in the case of a procurement by a military department) or the Under Secretary of Defense for Acquisition and Sustainment (in the case of a procurement not under the authority of a service acquisition executive) may waive the restriction under paragraph (3), on a case-by-case basis, by submitting to the congressional defense committees— notice of the intent to issue such a waiver; and an explanation of the reasons for issuing the waiver. The Director shall establish and maintain an acquisition division within the Task Force. The acquisition division shall— include acquisition professionals from relevant portfolio acquisition executives (as described in section 1732 of this title) within each covered armed force; support and facilitate efforts of the Director and covered armed forces— to budget and plan for the integration and sustainment of counter-sUAS capabilities that are approved and validated by the Task Force under subsection (e); and to efficiently and effectively transition such capabilities into operational use; and have such other duties and responsibilities as the Director determines appropriate. On an annual basis, the Director shall submit to the congressional defense committees a report that includes a summary of the activities of the Task Force over the period covered by the report, including a description of— the progress of the Task Force in carrying out the requirements of this section; the metrics used to measure such progress; and recommendations for congressional consideration. In this section: The term counter-sUAS system means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of a small unmanned aircraft or small unmanned aircraft system. The term covered armed forces means the Army, Navy, Air Force, Marine Corps, and Space Force. The terms small unmanned aircraft , unmanned aircraft , and unmanned aircraft system have the meanings given those terms in section 44801 of title 49. . The Director of the Joint Interagency Task Force 401, in coordination with the Secretaries of the military departments, shall conduct a review to identify differences in the interpretation and application of section 130i of title 10, United States Code, among the military departments. Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional defense committees a report on the results of the review conducted under paragraph (1). The report shall include a description of each of the following: Differences identified in the interpretation and application of section 130i of title 10, United States Code, among the military departments, including differences with respect to— interpretations of the term covered facility or asset ; the application of modern best practices for counter-UAS systems to each type of covered facility or asset; and divergent, unrealistic, or unnecessarily limited legal interpretations of the term covered facility or asset . The plan of the Director to remedy, without changes to the underlying law, the differences in legal interpretations and applications identified under subparagraph (A). Any resources required to expedite and modernize site evaluations, including electromagnetic spectrum evaluations required for the deployment of counter-UAS systems and site surveys described in section 1089 of this Act. Suggestions to improve the role of the United States Northern Command as a synchronizing body for homeland counter-UAS systems deployed at covered facilities or assets. The strategy of the Director for retrofitting and modernizing military installations and depots for testing counter-UAS systems and an identification of any policy, legal, or regulatory challenges to carrying out such a strategy. In this subsection, the term counter-UAS system has the meaning given that term in section 44801 of title 49, United States Code. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes— a strategy to ensure the Joint Interagency Task Force 401 has the funding and other resources necessary to execute its responsibilities, as required under section 199 of title 10, United States Code (as added by subsection (a)); and a plan for funding the Task Force across the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code (as of the date of the report). Section 353 of the National Defense Authorization Act for Fiscal Year 2025 ( Public Law 118–159 ; 10 U.S.C. 130i note) is amended— in subsection (a), by striking Not later and all that follows through Office, and inserting Not later than June 30, 2027, the Director of the Joint Interagency Task Force 401 ; and in subsection (c)— by striking The Secretary and all that follows through Office, and inserting The Director of the Joint Interagency Task Force 401 ; and by striking the Secretary of the Army and inserting the Director .
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