On July 1, 2026, the Department of Homeland Security and Department of Justice issued an Interim Final Rule (IFR) implementing the SAFER SKIES Act and establishing a new framework for state, local, tribal, and territorial law enforcement and correctional agencies to conduct counter-unmanned aircraft system (C-UAS) operations. The IFR is intended to address the growing security risks posed by drones near large public events, critical infrastructure, correctional facilities, and other protected locations. It authorizes qualified agencies to detect, identify, monitor, track, warn, and, when necessary, mitigate credible drone threats, subject to significant training, technology, coordination, reporting, and privacy requirements.
The IFR creates a two-tier structure. Detection and warning operations require completion of an online certification through the FBI’s National Counter-UAS Training Center, while mitigation actions – such as disrupting, taking control of, disabling, damaging, or destroying a drone – require more extensive mitigation certification through the FBI’s national schoolhouse. Agencies must also use authorized technologies, adopt an implementation policy, prepare C-UAS Operations Plans, coordinate with federal partners, obtain FCC authorization for RF-emitting systems, and provide real-time air traffic control notification when mitigation systems are activated.
For critical infrastructure owners and operators, the IFR is important but limited. It does not directly authorize private facilities to conduct their own C-UAS mitigation operations. Instead, it creates a pathway for qualified law enforcement and correctional agencies to provide C-UAS protection, including through mutual aid or support for critical infrastructure sites. The IFR also includes privacy and civil liberties protections, data retention limits, audit requirements, and potential civil penalties for unauthorized or improperly coordinated mitigation actions. Comments on the IFR are due on or before September 4, 2026.