As the United States prepares to host the FIFA World Cup and nationwide events commemorating the 250th anniversary of the Declaration of Independence, much-needed political action was recently taken to protect against threats to mass gatherings posed by unmanned aerial systems (UAS). In a decisive shift away from the old legal framework governing UAS mitigation options, the recent passage of the SAFER SKIES Act expanded counter-UAS (cUAS) authority to non-federal partners. Then, shortly after the Act was signed into law, FEMA released substantial cUAS funding to help ensure that the new legal powers granted by Congress would not remain merely theoretical as we head into this eventful summer and beyond.
The SAFER SKIES Act
For years, the legal authority to stop dangerous drone activity was tightly bottled up within a few federal agencies. However, a long-awaited step forward came on December 18, 2025, when President Trump signed the FY26 National Defense Authorization Act (NDAA), and tucked away in the legislation was the aptly named SAFER SKIES Act.
Under the SAFER SKIES 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. Previously, 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.
Naturally, safeguards are built into the Act, and it manages the decentralization of counter-drone authority by releasing such capabilities to SLTT agencies subject to layers of federal gatekeeping and supervision. As an example, SLTT personnel must be trained and certified through a single national program overseen by the Attorney General in coordination with other federal stakeholders; the cUAS technologies these properly accredited SLTT officers may employ must come from a list approved by multiple federal agencies; and, every serious intervention will have to be reported back to Washington within 48 hours.
FEMA’s Counter-Unmanned Aircraft Systems Grant Program
On December 30, 2025, less than two weeks after the SAFER SKIES Act was signed into law, the Federal Emergency Management Agency (FEMA) awarded an initial $250 million to the 11 U.S. states hosting FIFA World Cup 2026 matches and to the National Capital Region, which will host America 250 celebratory events. The speed at which this award was announced was striking—it was the fastest non-disaster award FEMA had ever made.
Funds awarded under the cUAS Grant Program, created by the One Big Beautiful Bill Act of 2025, may be used to help SLTT governments improve their ability to detect, identify, track, monitor, and mitigate unlawful or threatening UAS activity. In apparent recognition that an effective cUAS strategy depends on local action, the lion’s share of the cUAS Grant funds that have been awarded are intended to be pushed down to the local level. States must pass through at least 97% of awarded funds to eligible local and tribal subrecipients within 45 days (retaining up to 3% for administrative costs), with a limited exception allowing retention of up to 20% for justified statewide needs.
SLTT government agencies eligible for subawards include city and county agencies, law enforcement, fire services, emergency medical services, emergency management, and other qualifying public safety organizations. Consistent with the Act, the cUAS Grant Program is subject to oversight and safeguards. For instance, all agencies using mitigation technologies funded by the program must ensure personnel are trained – or scheduled to be trained – at the FBI’s National Counter-UAS Training Center, with FEMA verifying compliance.
Conclusion
In tandem, the SAFER SKIES Act has supplied the authority – and the cUAS Grant Program the means – to establish more comprehensive air security in the homeland. As the exciting events of the summer of 2026 approach, these coordinated government actions are part of a sensible approach to address the threat posed by malevolent actors who may use UAS to attack large-scale events.
The views presented herein are those of the author and do not necessarily represent the views of the DoD or its components.
