Congress has released the final negotiated text of the National Defense Authorization Act, introducing expanded counter-sUAS authorities that would, for the first time, allow trained State, Local, Tribal and Territorial (SLTT) law enforcement and correctional agencies to take direct action against threatening drones.
The provisions are contained in the SAFER SKIES Act, which was incorporated into the more than 3,000-page NDAA conference agreement unveiled by the House Armed Services Committee. The House is expected to vote on the measure this week, with Senate consideration to follow.
SLTTs to get mitigation authority
Under the proposed legislation, state and local agencies would be permitted to detect, track, identify and mitigate drones that pose a credible threat to people, facilities or operations. The authority would apply in several specific contexts, including large public events and venues, public spaces, critical infrastructure and correctional facilities such as prisons and jails.
At present, the legal authority to disrupt or disable unmanned aircraft is largely limited to a small number of federal agencies, a constraint that law enforcement groups have long argued hampers real-time responses to drone incidents, including contraband smuggling at correctional facilities and security threats near large gatherings.
The SAFER SKIES Act would allow state and local agencies to employ counter-UAS measures only after officers complete a national training and certification program developed by the Department of Justice and the Department of Homeland Security. That training would address legal limits, airspace rules, safety considerations and coordination requirements, with certification required before any mitigation tools could be used.
The legislation also restricts agencies to using only counter-drone systems that appear on a federally authorized technology list. That list would be jointly maintained by DOJ, DHS, the Department of Defense, the Federal Aviation Administration, the Federal Communications Commission and the National Telecommunications and Information Administration, ensuring that approved systems meet aviation safety and communications standards.
Oversight provisions require state and local agencies to report each mitigation incident to DOJ and DHS within 48 hours, detailing the location, justification and outcome of the action taken. DOJ and DHS would in turn be responsible for providing Congress with regular reports on training procedures, certified agencies, authorized technologies, aviation safety incidents and recommendations for potential changes to the program.
The NDAA text also clarifies that existing federal grant programs, including Byrne Justice Assistance Grants and COPS Office funding, could be used to purchase drones for public safety missions as well as authorized counter-UAS systems.
Cracking down on drone threats
In parallel, the legislation proposes stronger penalties for criminal misuse of drones, including increased sentences for repeat violations of protected airspace, using drones to facilitate felony offenses and smuggling contraband into detention facilities. The U.S. Sentencing Commission would be directed to update sentencing guidelines accordingly.
If enacted, DOJ and DHS would have 180 days to issue implementing regulations, establish training requirements and finalize oversight processes. The counter-UAS authority granted to SLTT agencies would expire on December 31, 2031, unless renewed by Congress. Existing counter-drone authorities for DHS would be extended until September 30, 2031.
The final NDAA agreement reflects language that was not included in either the original House or Senate versions of the bill but was pushed by the White House during conference negotiations. One year after enactment, DOJ and DHS would be required to report back to Congress on how the new authorities are being used and whether further expansion to other critical infrastructure owners is needed.
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