New Drone Law Gives FAA, DHS Power to Seize or Destroy Drones Near Airports Until 2030

The Counter-UAS Authority Security, Safety, and Reauthorization Act is a major update to how the government deals with unauthorized drones, or Unmanned Aircraft Systems (UAS), near sensitive areas. Simply put, this bill gives federal agencies like the Department of Homeland Security (DHS), the Department of Justice (DOJ), and the Federal Aviation Administration (FAA) much clearer and broader authority to detect, track, seize, disable, or even destroy drones that pose a threat to critical infrastructure or aviation safety. This authority is set to run until October 1, 2030.

The New Rules of Engagement in the Airspace

For anyone who flies a drone—whether for fun or work—the biggest change is the expansion of federal power over your equipment. Section 3 clarifies that federal agents can now "seize, exercise control of, or otherwise confiscate" a drone if it’s operating near a protected site, which includes not just energy plants and railroad facilities, but also amusement parks and state prisons. Crucially, Section 4 gives the FAA Administrator the green light to take similar actions—including disabling or destroying a drone—if it poses a credible threat to safe air travel. Before any of these agencies can act, they must coordinate with the FAA to ensure the action won't mess up aviation safety, which is a necessary check on these expanded powers.

Putting Local Cops on Drone Patrol

This bill doesn’t just empower federal agencies; it creates pathways for state and local law enforcement to get into the counter-drone game. Section 6 establishes a pilot program that allows up to five local police departments (serving areas with at least 650,000 people) to test approved drone-stopping technology at specific sites or events. To join, the police department must partner with the facility owner, get the blessing of the state Governor, and have a detailed operational plan signed off by DHS, DOJ, and the FAA. The idea is to see if local police can safely and effectively handle these high-tech systems to protect things like major sporting events or large facilities.

Section 5 provides a separate, limited path for covered entities (like the owners of those critical sites) to get approval to use drone detection gear. The catch? They generally need a Federal, State, local, or Tribal law enforcement agency to operate the system on their behalf, unless they can prove they have the skills to run it safely themselves. This means that if you own a chemical plant, you might soon see local police running federal-approved surveillance gear on your property to spot potential drone threats.

The Fine Print: Privacy and Foreign Tech

While the bill expands surveillance capabilities—allowing the interception of drone communications for monitoring—it attempts to build in safeguards. Section 3 and 4 mandate strict record-keeping and require that intercepted communications be destroyed immediately after the threat is dealt with, unless needed for an investigation (up to 90 days). Federal agencies must also brief Congress every six months on how often they took action, what damage occurred, and how they addressed privacy concerns.

Another major provision restricts the use of counter-drone technology made by “covered manufacturers”—those tied to countries designated as nonmarket economies or priority foreign countries by the U.S. Trade Representative. This national security measure (found in Sections 3 and 4) could limit the pool of available technology, potentially creating procurement challenges for agencies and airports looking to deploy systems quickly.

Speed Over Scrutiny at the FAA

One provision that stands out is Section 11, which exempts the heads of the FAA, DHS, and DOJ from following the standard federal rulemaking process (known as the Administrative Procedure Act or APA) when making decisions or issuing guidance related to the new pilot programs and counter-drone systems. For busy people, the APA is the process that allows the public—including industry, privacy groups, and you—to comment on new regulations before they become official. Skipping this step means these new, powerful rules regarding who can operate drone detection and mitigation gear, and how, can be implemented much faster, but without the usual public input and scrutiny.

Finally, Section 10 modernizes drone safety. Manufacturers of small drones must now ensure that operators electronically confirm they have read a comprehensive safety statement before the drone’s first flight. This statement, which the FAA must keep updated, covers everything from airspace rules to potential penalties, aiming to make sure new operators know the rules of the road—or the sky—from day one. The goal is to reduce accidental incursions into restricted airspace by making the rules impossible to miss.