What Is the SAFER SKIES Act?
A comprehensive guide to the federal law that grants state, local, tribal, and territorial law enforcement agencies authority to counter unauthorized drones — and the compliance obligations that come with it.
BACKGROUND
The SAFER SKIES Act at a Glance
The Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act — known as the SAFER SKIES Act — was signed into law as part of the National Defense Authorization Act (NDAA) for Fiscal Year 2026. Codified under Sections 8601 through 8607, this legislation represents the first time the federal government has extended counter-drone authority to state, local, tribal, and territorial (SLTT) law enforcement agencies.
Under the SAFER SKIES Act, eligible SLTT agencies may now detect, track, identify, and mitigate unauthorized unmanned aircraft systems (UAS) that pose a credible threat to public safety or national security. This authority, previously reserved for federal agencies such as the Department of Defense and the Department of Homeland Security, comes with significant compliance requirements.
On July 6, 2026, DOJ and DHS jointly published the Interim Final Rule implementing the Act (Docket FBI-2026-0001, effective July 1, 2026). The rule establishes two-tier officer certification, the Operations Plan requirement, the federal coordination portal, and detailed audit and penalty provisions. The authority granted under the Act sunsets December 31, 2031 unless reauthorized by Congress.
KEY PROVISIONS
Key Provisions Under the Interim Final Rule
Two-Tier Officer Certification (§124.5)
Officers must hold individual certification through the FBI NCUTC: Detection & Warning Certification (online, may be agency-administered) for detection operations, and Mitigation Certification (in-person at NCUTC, Redstone Arsenal) for mitigation operations. Certification validity period is pending final rule (36 or 48 months under consideration per the interim final rule).
C-UAS Operations Plan (§124.8)
Every operation requires an approved Operations Plan — signed by the Agency Approving Official (AAO), supported by legal counsel certification, with a 30-day operational window (or 365-day for fixed-site persistent protection). No operation may be conducted without an approved plan.
Authorized Technologies (§124.7)
Two federal lists govern equipment: the Authorized Technologies List (ATL, categories) and the Authorized Systems List (ASL, specific systems). RF-emitting systems additionally require FCC authorization — not mere coordination — before operation.
48-Hour Reporting & Audit Trail (§124.13, §124.16)
Every mitigation action requires a report to DOJ and DHS within 48 hours with four statutory content fields. Report types include standard, consolidated, and recurring-venue formats. Federal audits may review agency programs, with civil penalties up to $100,000 per violation. Graduated penalty structure with good-faith consideration for first procedural violations.
Implementation Policy (§124.6)
Each agency must adopt a written implementation policy before exercising C-UAS authority. The policy must address use-of-force guidelines, operational protocols, data handling, and oversight mechanisms consistent with federal requirements.
Federal Coordination Portal (§124.9) & Data Retention (§124.14)
A single submission to the FBI-operated federal coordination portal routes to FBI/DHS (deconfliction), FAA (airspace coordination), and FCC (spectrum authorization). Agencies must comply with a 180-day data retention limit for UAS-collected operational data, with quarterly minimization reviews for standing deployments.
Authority Duration
The counter-drone authority granted to SLTT agencies under the SAFER SKIES Act sunsets December 31, 2031 unless Congress passes reauthorization legislation. The 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.
Ready to build your compliance program?
VectAero is the only platform built specifically for SLTT agencies navigating SAFER SKIES Act obligations. Get started today.
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.