PRESIDENTIAL TRANSITION: PRIORITY TOPIC MEMO
DECEMBER 2024
COUNTERING UNMANNED AIRCRAFT SYSTEMS
SECURING THE HOMELAND AGAINST EVOLVING THREATS
Due to their proliferation and rapidly evolving capabilities,
unmanned aircraft systems (UAS), commonly known as drones,
pose an emerging threat to the safety and security of the
Homeland when used illicitly. Confronting UAS threats and
effectively safeguarding the Homeland requires presidential
support for legislative expansion of counter-UAS (C-UAS)
authorities and a holistic approach to airspace awareness
and protection that preserves Americans’ rights to access
and use the airspace.
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 non-
attributional, 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.
To protect the Homeland
from UAS threats
and enable the
counter-UAS mission,
the Executive Office
of the President should
articulate, prioritize,
and emphasize the
national security
need for expanded
legal authorities and
additional resources.
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challenges to the safety, stability, and
well-being of our nation.
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