Illicit drone use in the U.S. is on the rise and House lawmakers want to ensure Federal agencies have the power to successfully counter drone threats, saying it is “imperative” to pass new legislation to ensure current drone-countering authorities are extended.
The current drone-countering authorities – authorized as part of the FAA Reauthorization Act of 2018 – are set to expire next week on Dec. 20.
Under the law, counter-drone authorities were given to the Department of Homeland Security (DHS) and the Department of Justice (DoJ). These agencies have the power to use advanced detection technologies to identify, track, and mitigate drones – also known as unmanned aircraft systems (UAS).
During a House Homeland Security Committee hearing on Tuesday afternoon, Rep. August Pfluger, R-Texas, called on his colleagues to extend the current authorities before they expire.
“It’s imperative that we not only make sure that the current authorities are extended to protect our national security, but also work together to responsibly reform the current legal authorities that provide Federal agencies with critical tools to mitigate credible threats posed by UAS,” said Rep. Pfluger, chairman of the House Homeland Security Subcommittee on Counterterrorism, Law Enforcement, and Intelligence.
Rep. Pfluger said the Counter-UAS Authority Security, Safety, and Reauthorization Act of 2024 (H.R.8610) would renew and reform current counter-UAS legal authorities. The bill would extend existing DHS and DoJ counter-UAS authorities through Oct. 1, 2028.
The legislation also aims to strengthen public safety in communities across the country. For example, it would require DHS to establish a counter-UAS mitigation pilot program under which select state law enforcement agencies could operate approved counter-UAS mitigation systems and mitigate unauthorized UAS operations on behalf of covered entities.
Rep. Seth Magaziner, D-R.I. – ranking member of the subcommittee – also voiced his support for the legislation, of which he is a co-sponsor.
“The time has come for Congress to expand the authority of Federal, state, and local law enforcement agencies to better utilize monitoring, tracking, and single jamming technologies to protect critical areas, including our borders, large public events, prisons, and sensitive government facilities, while also ensuring the civil liberties of drone operators,” Rep. Magaziner said.
“DHS, DoJ, and other agencies have briefed this committee on the threats posed by malicious and authorized UAS. We have seen drones shot down at airports in this country and around the world,” he added. “I hope that this hearing will help lay additional groundwork for getting H.R.8610 over the finish line.”
Witnesses at the hearing also made the case for extending the authorities. Without them, they said law enforcement agencies risk violating criminal laws.
“The reason we need legal authority is that without it, use of the most effective types of drone detection and counter-drone technologies could violate criminal laws, including those that prohibit destroying or disabling aircraft in flight and intercepting signals and communications,” said Brad Wiegmann, the DoJ’s deputy assistant attorney general for national security.
“The FBI strongly supports pursuing expanded counter UAS authorities for state, local, Tribal, and territorial [SLTT] partners as robustly and swiftly as prudently possible. SLTT partners have repeatedly informed us that existing counter-UAS authorities are inadequate,” added Robert Wheeler, assistant director of the FBI’s Critical Incident Response Group.
“The reauthorization or long-term extension of this legislation is essential to continue our mission in combating the evolving threat,” Wheeler said, adding, “the FBI cannot alone protect” the thousands of mass gatherings held in the United States each year.
Since its counter-UAS authority was granted in 2019, Wheeler said the FBI has conducted 69 operational missions using this authority and provided limited support to 221 other events. It has detected over 1,000 UAS in violation of Federal law during these missions.
