PolicyBrief
S. 1250
119th CongressApr 2nd 2025
SHIELD U Act
IN COMMITTEE

The SHIELD U Act authorizes counter-drone measures at commercial airports and by state and local law enforcement to mitigate drone threats, while requiring coordination with federal agencies and respecting constitutional rights.

Mike Lee
R

Mike Lee

Senator

UT

LEGISLATION

SHIELD U Act Authorizes Law Enforcement to Detect, Disrupt, and Down Drones Near Airports and Locally

The SHIELD U Act aims to give federal, state, local, and airport law enforcement new tools to deal with potentially dangerous drones. Officially titled the "Stopping Harmful Incidents to Enforce Lawful Drone Use Act," this bill authorizes specific agencies to detect, track, disrupt, seize, and even use force against unmanned aircraft systems (UAS) perceived as threats, both on airport property (Sec. 3) and within state and local jurisdictions (Sec. 4).

Grounding the Threat: New Powers to Counter Drones

This legislation significantly expands the authority to conduct "counter-UAS activities." Think detecting, identifying, monitoring, and tracking drones without consent, intercepting their communications, warning operators, disrupting control signals, seizing control, confiscating the drone, or even using reasonable force to disable or destroy it (Sec. 2). For actions at commercial airports, agencies like the Department of Homeland Security (DHS), state/local police, and airport cops can step in, provided they get the airport operator's okay and act consistently with the Fourth Amendment (Sec. 3). They can also research, test, and train with counter-drone gear, including electronic equipment. Airport directors also have two years to set up task forces to create tactical response plans for drone threats, coordinating with the FAA, DHS, airlines, and others (Sec. 3).

Beyond the Runway: Drone Policing Hits the Streets

It's not just airports. The Act extends similar counter-drone authority to state and local law enforcement within their own jurisdictions (Sec. 4). If a drone is reasonably believed to pose a threat – potentially causing harm, death, or severe economic damage (Sec. 2) – these agencies can take action, again, while adhering to the Fourth Amendment. The bill also allows states, localities, and even private companies (following local laws) to set up designated areas just for testing counter-drone tech (Sec. 4). A key element involves using "non-kinetic equipment," essentially tools that jam or interfere with drone communications. Before deploying these, agencies need to consult with the Federal Communications Commission (FCC) and the National Telecommunications and Information Administration (NTIA) and set up procedures to notify the FCC when the tech is used (Sec. 3, Sec. 4). Section 7 specifically amends the Communications Act of 1934 to permit this type of drone jamming by authorized law enforcement under specific conditions.

Balancing Act: Security Boost vs. Practical Questions

The goal is clear: protect airports and communities from rogue drones. However, the practical application raises questions. The definition of a "threat" hinges on what's "reasonably believed" to potentially cause harm or severe economic damage (Sec. 2). This broad definition could create situations where legitimate drone users – think photographers, hobbyists, or delivery services – get caught in the net. While the bill mandates Fourth Amendment compliance, the power to intercept communications, disrupt control, and seize property (Sec. 2) requires careful implementation to avoid overreach. The reliance on jamming technology (Sec. 7), even with FCC consultation, also brings potential challenges, like inadvertently disrupting other communications or legitimate drone operations nearby.

Getting Ready: Training, Tech, and Task Forces

To support these new powers, the bill includes provisions for training and technology acquisition. Federal law enforcement training curricula on counter-UAS tactics and equipment use will be developed and made available to federal, state, local, Tribal, territorial, and even private security agencies (Sec. 6). Federal agencies like DHS, DOJ, and Energy are authorized to contract with private companies for drone protection services, and the Office of Management and Budget will publish an annual list of recommended vendors and equipment for state and local governments (Sec. 5). Within a year, the FAA and TSA are also tasked with publishing best practices for counter-drone activities at airports (Sec. 3). While the bill clarifies it doesn't override traditional state and local police powers (Sec. 8), it sets a new federal framework for how authorities can interact with unmanned aircraft.