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Regulating State, Local, Tribal, and Territorial Law Enforcement Actions to Counter Unmanned Aircraft Systems (C-UAS)

CRS (Congress) · Kristin Finklea ·

Executive Summary

The SAFER SKIES Act, part of the FY2026 NDAA, extends counter-unmanned aircraft systems (C-UAS) authorities to state, local, tribal, and territorial (SLTT) law enforcement and correctional agencies. This expansion, detailed in a July 2026 Interim Final Rule (IFR) by DOJ and DHS, requires SLTT agencies to undergo specific training and certification to detect, track, and mitigate threats from malicious drones. Congress is considering issues like training capacity and funding for these new C-UAS programs.

Why It Matters

This document is crucial for defense and geopolitical analysts as it outlines the expansion of counter-drone capabilities to domestic law enforcement, reflecting growing concerns about drone threats to national security and critical infrastructure. It details the regulatory framework and training requirements for these new authorities, impacting how domestic security agencies will address evolving aerial threats.

Key Takeaways

  • The SAFER SKIES Act grants C-UAS authorities to state, local, tribal, and territorial law enforcement, expanding federal capabilities to a broader range of agencies.
  • SLTT agencies must complete specific training and certification (Detection & Warning or Mitigation) through the FBI's National C-UAS Training Center to exercise these authorities.
  • The July 2026 IFR details operational requirements, authorized technologies, and privacy protections for C-UAS activities, with Congress reviewing implementation challenges like training capacity and funding.
  • Malicious drones pose significant public safety and security risks, including reconnaissance, contraband delivery, and potential weaponization, necessitating expanded counter-drone measures.

Strategic Relevance

The expansion of C-UAS authorities to SLTT agencies signifies a critical shift in domestic security strategy, decentralizing counter-drone capabilities to address a pervasive and evolving threat. This enhances national resilience against drone-based attacks, espionage, and illicit activities, directly impacting homeland security and critical infrastructure protection.

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Key Entities

SAFER SKIES ActNational Defense Authorization Act for Fiscal Year 2026 (FY2026 NDAA)U.S. Department of Justice (DOJ)U.S. Department of Homeland Security (DHS)Federal Bureau of Investigation (FBI)National C-UAS Training Center (NCUTC)Federal Aviation Administration (FAA)U.S. Customs and Border Protection (CBP)StateLocalTribaland Territorial (SLTT) Law EnforcementUnmanned Aircraft Systems (UAS)Counter-UAS (C-UAS)

Best For

Policy MakersLaw Enforcement AgenciesHomeland Security AnalystsDefense StrategistsLegal Scholars

Related Themes

Homeland SecurityDrone WarfareCritical Infrastructure ProtectionDomestic Security PolicyLegal FrameworksTechnology Regulation

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