U.S. Government Expands Counter-Drone Training and Certification Authority to Local Law Enforcement

U.S. Government Expands Counter-Drone Training and Certification Authority to Local Law Enforcement

The U.S. Department of Homeland Security (DHS) and Department of Justice (DOJ) have jointly issued interim final rule RIN 1110-AA39, formally titled Counter-UAS Authority for State, Local, Tribal, and Territorial Law Enforcement and Correctional Agencies. The rule allows local authorities to conduct training and certification for counter-unmanned aircraft systems (C-UAS) operations closer to the local level, rather than relying solely on centralized federal programs.

Core Framework

According to the rule text, the framework governs "the training and certification of SLTT agencies exercising C-UAS authority (including a two-tier structure covering detection/alert operations and mitigation operations), authorized technologies, spectrum coordination, airspace approval, real-time air traffic control notification, mitigation operation reporting, privacy protections, and compliance requirements."

The interim final rule takes effect on July 1, 2026.

Legislative Background

The regulatory action traces its origins to the FAA Reauthorization Act of 2018, which included the Preventing Emerging Threats Act of 2018. That legislation authorized the Secretary of Homeland Security and the Attorney General to designate certain facilities or assets as "protected facilities or assets" and to take necessary measures to mitigate drone threats against them—even where such actions might otherwise implicate certain federal criminal statutes, including provisions related to aircraft sabotage, computer fraud, interference with satellite operations, the Wiretap Act, and prohibitions on the use of tracking devices.

In July 2025, the DOJ testified before the Senate Judiciary Committee, recommending that all SLTT agencies be granted authority to respond to persistent drone threats—such as smuggling contraband into prisons or endangering public safety at sporting events and other outdoor gatherings—free from the restrictions of those same federal criminal provisions.

In response to this ongoing challenge, Congress passed the SAFER SKIES Act, which was signed into law by the President on December 18, 2025.

Authorities Granted Under the SAFER SKIES Act

The SAFER SKIES Act explicitly authorizes SLTT agencies to take mitigation actions including: detecting, monitoring, identifying, tracking, and seizing drones, as well as warning drone operators through passive or active, direct or indirect, physical, electronic, radio, or electromagnetic means—or through Remote ID broadcasts or other methods.

The FBI has already begun embedding SLTT personnel as federally deputized task force officers in C-UAS mitigation operations.

Decentralized Certification

A key provision of the legislation clarifies that certification programs for protecting the public from drone threats do not need to be centralized at a "national schoolhouse," permitting SLTT agencies to deliver training and certification services at the local level.

The Act directs the Secretaries of Homeland Security, Defense, and Transportation—along with the Attorney General and the FAA Administrator—to jointly develop and publish regulations governing SLTT C-UAS authority. These regulations must cover detection, identification, monitoring, tracking, and mitigation of drone threats, as well as associated compliance requirements and coordination procedures.

The full text of the interim final rule is available at: https://public-inspection.federalregister.gov/2026-13609.pdf

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