9 January 2025

Countering Unmanned Aircraft Systems: Securing the Homeland Against Evolving Threats

Claire Dozier , Katherine Kelleher , Maha Malik & Michael Tierney

The Case for Action

The rise of recreational and commercial uses of UAS with increasingly advanced capabilities creates numerous economic opportunities for various domestic industries, including aerial photography, delivery services, and the agricultural sector. While UAS technology benefits commercial industries, UAS’s relative low cost, growing presence in the airspace, and ease of use also make them an attractive tool for carrying out nonattributional, nefarious activities. UAS capabilities may be exploited to conduct hostile surveillance and smuggling activities, as well as to disrupt government missions and aviation operations. They may also be weaponized to carry out lethal attacks on mass gatherings. Due to the variety of potentially malicious applications of UAS, they are one of the most significant emerging threat vectors in the Homeland.

Preventing and confronting UAS threats demands extensive coordination and collaboration across multiple federal departments and agencies. Currently, four U.S. government departments—the Departments of Homeland Security (DHS), Justice (DOJ), Defense, and Energy—have the authority to conduct C-UAS activities under 6 U.S.C. § 124n, 10 U.S.C. § 130i, and 50 U.S.C. § 2661, respectively. The proposed Safeguarding the Homeland from Threats Posed by Unmanned Aircraft Systems Act of 2023 seeks to expand the C-UAS authorities granted to DHS and DOJ. For example, if passed, the Act would finally grant statutory authorization to DHS and DOJ for the protection of airports. It would also establish a pilot program to evaluate the potential benefits of state, local, tribal, and territorial (SLTT) law enforcement (LE) entities having the ability to detect and mitigate credible UAS threats. Presidential support for the passage of appropriate legislative expansions of C-UAS authority, such as those included in the Act, is critical to address and close the policy and legal gaps that currently impede departments, agencies, and other stakeholders from being able to effectively carry out their C-UAS missions.

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