SAFER SKIES Act FAQ
Answers to the most common questions SLTT law enforcement agencies have about the SAFER SKIES Act, compliance requirements, and federal funding.
What is the SAFER SKIES Act?
The SAFER SKIES Act (Sections 8601–8607 of the FY2026 NDAA, codified largely at 6 U.S.C. 124n) is a federal law signed December 18, 2025 as part of the National Defense Authorization Act for Fiscal Year 2026. It grants state, local, tribal, and territorial (SLTT) law enforcement and correctional agencies the authority to detect, track, identify, and mitigate unauthorized drones that pose a credible threat. On July 6, 2026, DOJ and DHS published the Interim Final Rule (Docket FBI-2026-0001, effective July 1, 2026) implementing the Act.
What is the interim final rule?
The interim final rule (Docket FBI-2026-0001, 28 CFR Part 124 / 6 CFR Part 27, effective July 1, 2026) is the joint DOJ–DHS regulation implementing the SAFER SKIES Act. It establishes two-tier officer certification (§124.5), the Operations Plan requirement (§124.8), the Authorized Technologies List and Authorized Systems List (§124.7), implementation policy requirements (§124.6), the federal coordination portal (§124.9), 48-hour incident reporting (§124.13), 180-day data retention limits (§124.14), and federal audit and penalty provisions (§124.16). The rule is subject to change; the public comment period closes September 4, 2026.
Which agencies are eligible?
The Act authorizes SLTT law enforcement and correctional agencies, including sheriff’s offices, city and county police departments, state police agencies, correctional facilities, and tribal law enforcement. Agencies must adopt an implementation policy (§124.6), certify officers, and have approved Operations Plans before exercising authority. The rule explicitly favors regional and statewide programs — accredited hub agencies may support neighboring jurisdictions through mutual aid (§124.4, §124.10).
What does "SLTT" mean?
SLTT stands for State, Local, Tribal, and Territorial. It describes the categories of non-federal government entities eligible for counter-drone authority under the SAFER SKIES Act, covering all levels of government below the federal level across the United States and its territories.
What are the two certification tiers?
Under §124.5, certification is individual (per officer, not per agency) and has two tiers: (a) Detection & Warning Certification — an online course (~1 hour), free, self-attested, auto-issued on completion via NCUTC; and (b) Mitigation Certification — in-person training at the FBI National Counter-UAS Training Center (NCUTC), Redstone Arsenal, Huntsville, AL. Detection & Warning certification does NOT authorize mitigation. Certification validity period is under consideration (36 or 48 months) and has not been finalized.
What is a C-UAS Operations Plan?
Under §124.8, the Operations Plan is the legal instrument authorizing each C-UAS operation. It must be on a standardized form prescribed by the Attorney General, signed by the Agency Approving Official (AAO, a Senior Executive-rank designee), and supported by a legal counsel certification. Plans have a 30-day operational window (or 365-day for fixed-site persistent protection, e.g., correctional facilities). No operation may be conducted without an approved plan. Renewal requires a fresh submission, not auto-extension.
What happens if we miss the 48-hour reporting window?
Under §124.16, federal audits may review agency compliance. Civil penalties of up to $100,000 per violation apply to non-compliant counter-UAS action. The penalty structure is graduated: a first procedural reporting or notification violation draws no penalty where the agency demonstrates good faith and self-reports. Non-compliance may also result in suspension of the agency’s program and disqualification from future grant funding.
What equipment can we use?
Under §124.7, two federal lists govern equipment: the Authorized Technologies List (ATL), which defines categories (initially expected to cover RF detection, RF disruption/jamming, RF protocol manipulation), and the Authorized Systems List (ASL), which names specific approved systems. The ASL is being revised on a rolling basis (60-day post-publication sprint). RF-emitting systems additionally require FCC authorization — not mere coordination — before operation, because the Act does not displace 47 U.S.C. 301.
How does the federal coordination portal work?
Under §124.9, a single submission to the FBI-operated federal portal is routed to FBI/DHS (deconfliction), FAA (airspace coordination, not approval), and FCC (spectrum authorization for RF systems). Agencies must also provide real-time ATC notification within 5 minutes of activating a mitigation system. The portal is the government’s mailbox — VectAero prepares and formats your submissions; your agency submits directly.
Is there federal funding available?
Yes. Major programs include the FEMA C-UAS Grant (CFDA 97.067), the FIFA World Cup Security Grant (DHS/Secret Service), the State Homeland Security Program (SHSP), and $250M in FY2027 C-UAS grants opening to all 56 states and territories. Compliance management software like VectAero qualifies as an eligible expense under these programs.
What about data retention and privacy?
Under §124.14, agencies must comply with strict privacy and data rules: no monitoring of First Amendment-protected activity; data minimization; 180-day retention limit with purge for UAS-collected operational data; quarterly minimization reviews for standing deployments; and a full audit trail on data handling. Vendors may receive operational data for diagnostics under §124.14(j).
How long does this authority last?
The counter-drone authority sunsets December 31, 2031 unless reauthorized by Congress. The current interim final rule is subject to change; the public comment period closes September 4, 2026. Agencies should build compliant programs now to take full advantage of the authority window.
What is VectAero and how does it help?
VectAero is the agency-side system of record for running a lawful C-UAS program. It manages the full Operations Plan lifecycle (drafting, legal certification, AAO approval, expiry, renewal), tracks both certification tiers with expiry alerts, maintains your Technology Registry against the ATL and ASL, runs your 48-hour reporting workflow, assembles your complete audit dossier for federal compliance review, and enforces the 180-day data-retention limit. VectAero is agency-operated software — we prepare and format your submissions; your agency approves and submits. VectAero does not operate any C-UAS system, provide managed or turnkey services, or carry any endorsement by DOJ, DHS, FBI, or any federal agency.
Still have questions?
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Request Early AccessVectAero reflects the requirements of the DOJ–DHS Interim Final Rule implementing the SAFER SKIES Act (Docket FBI-2026-0001, effective July 1, 2026). The interim final rule is subject to change; the public comment period closes September 4, 2026. VectAero is not endorsed by, affiliated with, or approved by any federal agency.