Ban Drones Over Major Seaports

Full Title:
Seaport Security Act of 2026

Summary#

This bill creates a new federal crime and civil rule that would bar most drones from flying over many U.S. seaports. It defines covered seaport airspace, lists exceptions, and gives the Federal Aviation Administration (FAA) and seaports authority to detect, seize, mitigate, or disable unmanned aircraft. The bill also sets civil and criminal penalties and requires the FAA to write implementing rules within 180 days.

  • Main change: Adds a new section to federal law that bans operation of unmanned aircraft in the airspace above qualifying seaports (surface to 1,000 feet, plus any extra space the FAA adds).
  • Scope: Applies to places the bill calls “seaports” — piers, docks, and similar structures that handle at least one million tons of cargo per year or routinely process multi-day cruise passengers.
  • Exceptions: Federal agencies (e.g., DHS, DoD), state/local law enforcement with prior notice, seaports or their contractors with notice, FAA waivers, and emergency responses are allowed.
  • Enforcement and tools: FAA and seaports are explicitly authorized to detect, mitigate, seize, and disable unauthorized unmanned aircraft in covered airspace.
  • Penalties: Civil fine up to $25,000 per violation; criminal penalties up to 2 years in prison (up to 10 years if done with intent to surveil, damage, disrupt, or further criminal/terrorist activity).
  • Timeline: FAA must issue regulations to implement the law and set notification procedures within 180 days after enactment.

What it means for you#

  • Drone operators (hobbyists and commercial):

    • Most flights over covered seaport airspace would be prohibited unless an exception applies or a waiver is granted.
    • Operators who fly in violation could face civil fines, seizure of the drone, and possible criminal charges.
    • Flights that interfere with port security may be illegal even if they occur above 1,000 feet.
  • Seaports and port operators:

    • Seaports that meet the bill’s definition would gain authority to detect and disable unauthorized drones over their facilities.
    • Ports may be expected to coordinate with FAA and the Coast Guard and to notify them when they conduct drone operations or contract others to do so.
  • State and local law enforcement:

    • May operate drones over seaports if they give prior notice to the FAA and the Coast Guard.
  • Federal agencies (DHS, DoD, etc.):

    • Retain their existing authority to operate in port airspace under federal law.
  • Businesses that use drones for inspections, deliveries, or research:

    • Will need FAA authorization or seaport permission to operate at or above covered seaports.
    • May face added paperwork and compliance requirements.
  • General public and passengers:

    • The bill aims to reduce the risk of drone-related security incidents at ports and on cruise ships.
    • It could lead to visible counter-drone activity around ports (detection systems, interventions).

Expenses#

No publicly available information.

  • The bill requires the FAA to write rules within 180 days. This could mean added FAA staff time and administrative work to designate covered airspace and set notification procedures.
  • Allowing seaports to detect and disable drones may lead ports to buy detection and counter-drone equipment, train staff, and set new security procedures. These are likely to be paid by ports or their security budgets.
  • Enforcement, seizure, and legal processing could increase costs for federal agencies and courts. The bill does not include a fiscal estimate or budget numbers.
  • Private costs could include fines (up to $25,000), replacement or loss of seized drones, and compliance costs for businesses that need waivers or notices.

Proponents' View#

  • The bill appears intended to reduce the risk that unmanned aircraft could be used to harm seaports, disrupt commerce, or threaten passengers and port workers.
  • It could be seen as giving clear legal authority to detect and stop dangerous drone activity at critical maritime facilities.
  • The civil and criminal penalties create a legal deterrent against unauthorized or malicious drone operations near ports.
  • Requiring the FAA to write rules within 180 days aims to create a clear process for designating protected airspace and for notifications.

Opponents' View#

  • One concern is that the bill gives seaports broad authority to “mitigate” and “disable” drones without detailed limits, raising safety and liability questions (for example, falling debris from a disabled drone).
  • The bill does not clearly explain technical or legal limits on countermeasures (such as radio jamming) that could affect other aircraft, ships, or communications.
  • It is unclear how the law will interact with FAA airspace authority and existing federal rules governing interference with aircraft.
  • The definition of covered seaports (based on cargo tonnage or cruise operations) may leave some waterfront facilities either unexpectedly covered or excluded; the bill’s findings cite “over 300 seaports,” but the new legal threshold determines coverage.
  • There is no fiscal estimate in the bill text, so the scale of costs for FAA rulemaking, port equipment purchases, training, and enforcement is unknown.
  • The provision that operations “interfering” with port security are illegal regardless of altitude could capture distant drone flights; the bill does not define “interfere” in detail.