Securing the Skies: Law Enforcement, Drones, and Public Safety

The hearing, Securing the Skies: Law Enforcement, Drones, and Public Safety, commenced with a focus on the escalating risks posed by drones when operated by nefarious actors. Witnesses emphasized the necessity of expanding and enhancing existing counter-drone authorities, particularly the 2018 Emerging Threats Act, which grants the Department of Justice (DOJ) and Homeland Security (DHS) specific counter-Unmanned Aircraft Systems (UAS) powers. A central theme was the immediate need for Congress to ensure these authorities do not lapse, given their temporary extensions since 2018, and to enable sustained investment in counter-drone capabilities. Experts highlighted that drones are being exploited for various illicit purposes, including smuggling weapons and drugs across borders, spying on sensitive facilities, and committing acts of terror, with recent global conflicts fueling rapid innovation in lethal drone technologies.

A significant point of discussion involved the current limitations of federal authority and the imperative to empower state and local law enforcement. Witnesses argued that the federal government cannot cover every potential threat scenario, citing tens of thousands of annual special events and critical infrastructure sites that remain vulnerable. The expansion of counter-drone authorities to non-federal law enforcement, along with appropriate training and safeguards, was presented as essential for creating a layered security approach and serving as a force multiplier. Furthermore, the existing criminal code was identified as having major gaps regarding drone-related offenses. Specific legislative needs include reclassifying drone weaponization as a felony, prohibiting knowingly flying drones into protected airspace (currently a misdemeanor), addressing drone interference with aircraft and emergency response, criminalizing contraband transport into prisons via drones, and penalizing the impairment of drone identification information.

The practicalities of counter-drone operations were also explored, particularly the challenges of real-time threat mitigation. Federal agents, such as those from the FBI, often have mere seconds to assess and respond to a credible drone threat, making warrant requirements impractical in such dynamic situations. The importance of inter-agency coordination, especially with the Federal Aviation Administration (FAA), was stressed to ensure that counter-drone measures do not endanger civilian air traffic or property. Additionally, the hearing addressed the vulnerabilities of critical infrastructure, including airports and correctional facilities, to drone incursions. DHS noted that it currently lacks the authority to proactively protect airports and other critical sites from drone threats, underscoring the urgency for explicit legislative inclusion of agencies like the Transportation Security Administration (TSA) and U.S. Immigration and Customs Enforcement (ICE) in counter-UAS efforts. The global landscape of drone manufacturing, particularly the dominance of adversarial countries like China, was also raised as a national security concern due to potential data exploitation and the need for a secure domestic industrial base.