On Tuesday July 22, senior figures from the Federal Bureau of Investigation (FBI), U.S. Department of Justice (DOJ) & Department of Homeland Security (DHS) testified before the Senate Committee on the Judiciary on the threat posed by drones across the United States.
Titled “Securing the Skies: Law Enforcement, Drones, and Public Safety”, the committee hearing saw testimony from:
- Christopher Hardee, Chief, Office of Law and Policy, National Security Division, DOJ
- Michael Torphy, Unit Chief/ Supervisory Special Agent, UAS and Counter-UAS, FBI
- Steven Willoughby, Director, Counter-UAS Program Management, Office of Strategy, Policy and Plans, DHS
“Playing catch-up” as threats evolve
Christopher Hardee and Michael Torphy warned that the U.S. is “playing catch-up as UAS technology continues to develop.” Their testimony outlined how drones are being used for “smuggling contraband cellphones and drugs into correctional facilities,” “illegal surveillance of sensitive government facilities,” and even to “identify a government witness.”
They stressed that “illicit UAS operations present ever-growing risks to public gatherings and other assets,” and called for expanded legal tools to address these threats. “The scope of counter-UAS, or C-UAS, authority should keep up with the threat, as should our criminal laws,” Hardee said.
DHS: Authorities are “limited in scope and duration”
Steven Willoughby emphasized that DHS’s current counter-UAS authorities are set to expire and are “limited in scope and duration.” He urged Congress to act swiftly, stating:
“Without Congressional action, DHS’s ability to protect the public from malicious UAS activity will expire.”
Willoughby highlighted the need for a proactive approach:
“We are operating in a legal landscape that was not designed for the speed and scale of drone proliferation.”
Key Takeaways
- Urgency: All three agencies stressed the need for immediate legislative action ahead of the 2026 FIFA World Cup.
- Legal gaps: Current laws do not adequately address the criminal misuse of drones.
- Integrated security: DOJ proposed “building security into the UAS framework” to enable safe integration without compromising public safety.
The officials also endorsed two recent executive orders, Unleashing American Drone Dominance et Restoring American Airspace Sovereignty, as steps toward a more unified national strategy.
Michael Torphy is expected to expand further on these issues at the Counter UAS Technology Conference where he is slated to speak on December 2.
