The DEFENSE Act authorizes the Secretary of Homeland Security or Attorney General to deputize state and local police to use authorized drone countermeasures for protecting specific large public events after mandatory training.
W. Steube
Representative
FL-17
The DEFENSE Act authorizes the Secretary of Homeland Security or the Attorney General to deputize state and local police to use drone countermeasures for protecting specific large public events and restricted areas. This authority is contingent upon officers completing mandatory, specialized training developed in coordination with the FAA. The bill also mandates federal oversight and limits the use of equipment to an officially approved list maintained by the Department of Homeland Security.
The new Disabling Enemy Flight Entry and Neutralizing Suspect Equipment Act, or DEFENSE Act, is fundamentally changing who gets to stop unauthorized drones and where. Specifically, Section 2 allows the Secretary of Homeland Security (DHS) or the Attorney General (DOJ) to deputize state and local police officers, granting them the federal authority to use specialized counter-drone technology—the kind that can detect, track, and even neutralize unmanned aircraft systems (UAS).
This isn't a blanket authorization for every cop on the beat. This new power is strictly limited to protecting specific locations: places already under existing flight restrictions, or large public gatherings that the FAA has placed a temporary flight restriction over. Think major sporting events, political conventions, or large festivals. The idea is to quickly and legally deal with rogue drones that pose a safety or security risk at high-profile events.
If you’re a local police officer who might get this new authority, you can’t just wing it. The Act mandates that any deputized officer must successfully complete specialized training. This training program has to be developed collaboratively by the DHS, DOJ, the Department of Transportation, and the FAA. This is a smart requirement, ensuring that the people wielding this powerful technology know the rules of the road and, critically, the consequences of misusing it.
However, this delegation of federal power to local law enforcement is a big deal. For years, only federal agencies like DHS and the DOJ had the authority to use these counter-drone measures, largely due to concerns over interfering with the national airspace and FCC regulations. Now, that highly technical, highly sensitive authority is being pushed down to local police departments. While this speeds up response times at events, it also means local officers are suddenly responsible for complex federal airspace and telecommunication regulations.
There are also strict rules about the gear. Officers can only use equipment—for detection, tracking, or neutralization—that is on an official list maintained by DHS. This list requires coordination with five separate federal agencies (DOJ, FAA, FCC, and the NTIA), which is designed to ensure that the technology used doesn't accidentally jam air traffic control or interfere with essential communications. This interagency oversight is crucial for preventing a local police officer’s drone countermeasure from causing a wider disruption.
For the average person, this means better protection at big events, but it raises questions about accountability. If a deputized officer uses this equipment outside the scope of the protected event, who is responsible? And for drone hobbyists or commercial operators, this means that flying near one of these designated, protected gatherings—even if you think you’re far enough away—now carries a much higher risk of your equipment being legally neutralized by local authorities. The effectiveness of this system will hinge entirely on how rigorous the mandated training is, and how closely the federal agencies actually monitor the local use of these new, powerful capabilities.