The SAFER SKIES Act: A New Era for Drone Security and Aviation Safety

Last month, Congress and President Trump took a significant step forward in aviation safety by enacting the SAFER SKIES Act, a robust legislative framework passed in the National Defense Authorization Act to counter threats posed by drones, otherwise known as unmanned aircraft systems (UAS). This legislation upgrades UAS security architecture by providing state, local, tribal, and territorial (SLTT) governments and correctional agencies with a clear framework and authorities to detect and mitigate illicit or unsafe drones.  

While the majority of UAS operations do not pose any threat, the misuse of UAS presents economic risks and threats to public safety and national security. This includes disrupting commercial activity, endangering live events, and industrial espionage like recent drone activity in Europe, which temporarily closed airports, showing the threat posed by nefarious actors. For this reason, the Chamber has advocated for years to pursue a bipartisan and bicameral process to enact legislation that expands UAS detection and mitigation authorities balanced by appropriate safeguards. 

President Trump’s deregulatory objectives and drone priorities as detailed in Executive Order 14307, Unleashing American Drone Dominance, set the tone for counter-UAS legislation. But this EO was only an initial step in securing our skies. Passage of the SAFER SKIES Act provides the critical legal authorities that were needed to counter threats posed by UAS.   

The Act provides federal counter-UAS training and certification requirements for SLTT and correctional officers, multi-agency approval for counter-UAS technology, and crucial oversight and privacy safeguards. Notably, there is a requirement for SLTT law enforcement and correctional agencies to submit a notification to the Attorney General within 48 hours of taking any mitigation action.  

Additionally, the Attorney General, in coordination with DHS and DOT, is required to submit a report one year after enactment with a determination on whether SLTT agencies can fully protect critical infrastructure from drone threats, and if not, recommendations on how to expand counter-UAS authorities to critical infrastructure owners. This crucial provision, along with a final Section 2209 Rule, can provide the protection and regulatory clarity critical infrastructure owners need.  

The SAFER SKIES Act ensures we can protect both our airspace and national security, while unleashing American drone dominance. The business community stands ready to continue to work with the Trump Administration and Congress, ensuring effective counter-UAS authorities and drones are deployed in a safe and routine manner.