SAFER SKIES Act Expands Domestic Counter-Drone Authority

Historically, the legal authority to stop dangerous drone activity has been tightly held by a few federal agencies. That changed on December 18, 2025, when President Trump signed the FY26 National Defense Authorization Act (NDAA) which includes the aptly named SAFER SKIES Act (the Act). The Act is a long-awaited step forward in responding to the explosive growth of drone activity by substantially expanding domestic counter-drone authority.

Under the Act, state, local, Tribal, and territorial (SLTT) law enforcement—and even correctional agencies—are given a clear path toward having the ability to detect, track, seize, disable, or even destroy drones that pose a credible threat to people, critical infrastructure, major public events, or prisons. Previously, only a narrow club of federal agencies—principally the Department of Homeland Security, the Department of Justice and the Department of War—were allowed to interfere with drones that posed a genuine threat. At the same time, SLTT agents and civilians who observed potentially dangerous drones overhead had their hands tied by federal criminal law, wiretap statutes, FAA regulations, and the long shadow of federal preemption.

Though the Act decentralizes counter-drone authority by releasing authority to SLTT agencies, it includes safeguards which subject that authority to layers of federal gatekeeping and supervision. SLTT personnel must be trained and certified through a national program overseen by the Attorney General in coordination with other federal stakeholders. The technologies employed by accredited SLTT officers (e.g., jammers, spoofers, etc.) must be sourced from a list approved by multiple federal agencies. In addition, every serious intervention must be reported to Washington’s Attorney General and Secretary of the Department of Homeland Security within 48 hours. 

Another notable provision in the Act requires federal agencies to report to Congress on whether SLTT agencies can protect critical infrastructure from drone threats, and if not, how counter-drone authority might be extended to critical infrastructure owners. The reporting requirement signals a potential opening for private entities like utility companies to gain direct defensive authority in the future. In the meantime, the Act provides critical infrastructure owners a broader opportunity to partner with SLTT agencies on security planning, and perhaps a window to influence future policy.

In summary, the SAFER SKIES Act expands counter-drone authority to state and local agencies while maintaining safety and accountability. At a time when foreign and domestic adversaries have shown enthusiasm for exploiting technological asymmetries, this measured extension of defensive authority to those “on the ground” is a positive step forward in decentralization and protection.

Woods Rogers is actively tracking developments in the field of drone law to help clients navigate this evolving regulatory environment and develop practical compliance strategies. If you have questions about organizational drone use and counter-drone operations, contact C. Carter Lee.