The SAFER SKIES Act significantly expands the authority to deploy counter-unmanned aircraft system (UAS) technologies beyond federal agencies to include State, local, Tribal, and territorial (SLTT) law enforcement and correctional agencies. This expansion allows these agencies to take actions necessary to mitigate credible threats posed by drones to public safety, critical infrastructure, large public gatherings, and correctional facilities. The bill amends the Homeland Security Act of 2002 to grant this new authority, while federal agencies like the Department of Homeland Security and the Department of Justice retain their existing counter-UAS powers.

To ensure responsible use, the bill mandates that SLTT personnel must undergo training and certification by the Attorney General, in coordination with the Secretary of Homeland Security, before exercising these authorities. Furthermore, the counter-UAS technologies utilized by SLTT agencies must be selected from a federally authorized list maintained by multiple departments. The legislation also establishes a robust oversight framework, requiring SLTT agencies to notify federal authorities of mitigation actions within 48 hours and mandating regular reports to Congress on their counter-UAS activities and compliance audits.

The Act introduces several new and increased penalties for illegal drone operations. It establishes a felony penalty for repeat violations of national defense airspace and significantly increases imprisonment terms for individuals who use drones to facilitate felony offenses or introduce contraband into prisons. The bill also directs the U.S. Sentencing Commission to promulgate guidelines that substantially increase sentencing ranges for all offenses involving the use of an unmanned aircraft, with specific enhancements for certain crimes.

Additionally, the legislation allows for the use of federal grant funds, specifically under the Omnibus Crime Control and Safe Streets Act of 1968, to purchase and operate both UAS and counter-UAS systems for public safety purposes. It also requires the Department of Homeland Security and the Attorney General to develop and publish regulations governing SLTT counter-UAS authority within 180 days of enactment, ensuring coordination with the Federal Aviation Administration on aviation safety aspects. A plan for a reimbursement program for federal agencies providing counter-UAS protection to non-federal events is also mandated.