Capitol Police Gain Power to Track, Seize, and Destroy Drones Near Capitol Facilities

The USCP Empowerment Act of 2025 is straightforward: it gives the United States Capitol Police (USCP) Board the authority to neutralize threats posed by drones, or Unmanned Aircraft Systems (UAS), near Capitol buildings. If the Board determines a drone presents a “credible threat” to the people or property they protect, the police can take action, potentially overriding existing federal communication laws to do so. This is a significant expansion of power focused entirely on security in the Capitol airspace.

The New Rules of the Airspace

What exactly does this new authority look like on the ground? If the police spot a drone they deem a threat, they can immediately track, identify, and monitor it, which includes accessing the electronic communications used to control the device. They can then use various means to warn the operator, interfere with the drone's control signals, or disable it entirely. Crucially, they are authorized to seize the drone or even use “reasonable force to damage or destroy” it if necessary. Any seized drone is subject to forfeiture to the U.S. government. For the drone hobbyist or commercial photographer flying legally but perhaps too close to the restricted zone, this means your expensive equipment could be legally destroyed or permanently confiscated based on the USCP's assessment of a “credible threat.”

The Digital Fine Print: Privacy vs. Security

Here’s where things get tricky for the average person: the bill authorizes the police to intercept the electronic communications controlling the drone. This means they are listening in on the signal between the controller and the drone. The bill attempts to put up guardrails, requiring the police to follow strict privacy rules based on the First and Fourth Amendments. They can only intercept communications to the extent “absolutely necessary” to stop the threat. More importantly, they can only keep records of these communications for a maximum of 180 days unless there is an ongoing investigation or litigation requiring longer retention. They are also generally prohibited from sharing these intercepted communications outside the Capitol Police, except for specific law enforcement purposes. While these limits are good, the very act of intercepting private communications without a warrant—even for a short time—is a major shift in law enforcement authority.

Coordination and Accountability

This isn't a total free-for-all. The USCP Board must coordinate its procedures with the Federal Aviation Administration (FAA) and the Department of Transportation (DOT), especially concerning how their actions might affect the National Airspace System. After all, if they start jamming signals, they don't want to accidentally interfere with a nearby emergency helicopter or commercial flight. Furthermore, the Chief of the Capitol Police must send an unclassified report to Congress every six months detailing every action taken against a drone, any resulting damage, the specific privacy procedures they established, and instances where communications were kept longer than the 180-day limit. This mandated reporting to Congress is the main mechanism for oversight and accountability built into the bill, ensuring lawmakers can track how often and under what circumstances these powerful new tools are being used.