The U.S. Department of Justice and the U.S. Department of Homeland Security have introduced a new federal framework that allows state, local, tribal and territorial law enforcement and correctional agencies to develop counter-drone capabilities under strict federal oversight.
The 51-page interim final rule took effect on July 1, with public comments open until September 4. It implements provisions of the SAFER SKIES Act, passed as part of the fiscal year 2026 National Defense Authorization Act.
The rule does not automatically authorize agencies to use counter-drone measures. Instead, it establishes a certification process requiring approved training, federally authorized equipment, operational plans, legal review and coordination with federal authorities before agencies can conduct counter-drone operations.
Two levels of counter-drone authority
The framework separates counter-drone activities into two categories. The first covers detection, identification, monitoring, tracking, warning and confiscation of drones. The second covers mitigation measures, including disrupting control signals, taking control of a drone or, where authorized, disabling or destroying it.
Detection and warning activities may be approved through basic certification, while mitigation operations require more advanced training through the FBI’s National Counter-UAS Training Center.
Only technologies approved by federal agencies, including the Departments of Justice, Homeland Security and Defense, along with the Federal Communications Commission and National Telecommunications and Information Administration, can be used.
Oversight and reporting requirements
The rule requires agencies to appoint a senior official to approve counter-drone operations and submit detailed operational plans for mitigation missions. Fixed sites such as prisons and critical infrastructure can receive operational approvals lasting up to 365 days, subject to renewal.
Agencies conducting mitigation activities must report operations to DOJ and DHS within 48 hours.
The framework also includes privacy protections, generally limiting the retention of intercepted communications to 180 days unless exceptions apply for investigations or other legal requirements. It also prohibits the use of counter-drone authorities solely to interfere with people exercising their First Amendment rights.
According to the rule, federal officials expect approximately 1,500 agencies to qualify for detection authority and around 150 agencies to receive mitigation certification during the program’s first two years.
ПОВ'ЯЗАНОГО З ЦИМ КОНТЕНТУ: ФБР вилучило понад 600 дронів, які порушували обмеження на польоти під час чемпіонату світу з футболу
Post Image Credit: Isaac Maffeis через Unsplash
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