Proposed Legislation Aims to Strengthen US Military Response to Unmanned Drone Threats

EXCLUSIVE REPORT: Recent incidents involving unauthorized drones flying over Langley Air Force Base in late 2023 have underscored a critical gap in the United States’ military response capabilities. Military officials previously believed they lacked the authority to neutralize these unmanned aerial vehicles over U.S. soil.

A new bipartisan initiative called the COUNTER Act has emerged with the aim of addressing this gap. The legislation intends to designate additional military bases as “covered facilities,” granting them the authority to engage drones that intrude upon their airspace.

This significant proposal has garnered broad bipartisan and bicameral support, enhancing its prospects for enactment. The bill is championed by Armed Services Committee members Tom Cotton, a Republican from Arkansas, and Kirsten Gillibrand, a Democrat from New York, in the Senate. Companion legislation has been introduced in the House by August Pfluger, a Republican from Texas, and Chrissy Houlahan, a Democrat from Pennsylvania.

Expanding Drone Engagement Authority

Currently, only approximately half of the 360 military bases across the nation qualify as “covered facilities,” meaning they possess the authority to engage unidentified drones. The COUNTER Act seeks to expand this limited definition, allowing all military bases with a clearly defined perimeter to apply for approval to confront drone incursions.

Delegation of Engagement Authority

The proposed legislation also aims to streamline the process by allowing the Secretary of Defense to delegate authority to combatant commanders. This change is crucial for facilitating rapid responses to drone threats, thereby reducing delays in decision-making during emergencies.

“Our military infrastructure must not be left vulnerable to drone incursions. These threats endanger military personnel, civilians, and national security as a whole,” Cotton emphasized.

Recent Drone Incursions at Langley

In December 2023, a mysterious swarm of drones entered restricted airspace over Langley, home to essential national security operations and the advanced F-22 Raptor stealth fighters. Military officials faced uncertainty due to the absence of established protocols for addressing such incursions, leading them to permit the drones to hover around sensitive areas.

The Pentagon has not publicly commented in detail about these incidents, aside from confirming their occurrence. It remains unclear whether military leaders understand the origins or intentions of these unidentified drones.

As commercial drones gain popularity, Gillibrand expressed concern, stating, “We must ensure that these devices are not used to collect sensitive information or conduct adverse actions against our armed forces, as they pose a real threat to national security.”

Interagency Confusion Over Drone Activity

As questions regarding these incursions intensified, officials from Langley redirected inquiries to the FBI, which in turn referred them to Northern Command, ultimately leading to local law enforcement. A congressional source described this bureaucratic roundabout, which left lawmakers seeking further clarity.

Gen. Gregory Guillot, head of Northern Command and the North American Aerospace Defense Command, reported in February that military installations experienced over 350 unauthorized drone detections in the previous year.

Understanding the Operational Threat

During a Senate Armed Services Committee hearing, Guillot expressed concerns regarding the nature of the drone operations, stating, “The primary risk is their capability to gather intelligence and perhaps survey sensitive operations at military sites.” He pointed out that the 350 documented drone detections occurred across 100 different installations with varying security levels.

A recent surge in unidentified drone activity over New Jersey drew significant attention and concern, highlighting the potential implications for security across military airspace.

Guillot referred to existing regulations concerning UAV countermeasures as a “significant vulnerability” that bad actors can exploit. He supports the COUNTER Act’s proposed adjustments to Section 130i of Title 10, which governs the protection of “certain facilities and assets from unmanned aircraft.”

Advocacy for Comprehensive Legislation

Guillot voiced his support for the bill, stating, “I propose expanding 130i authorities to encompass all military installations, not only those currently covered. I also advocate for extending the engagement range to go beyond the installation boundaries. This approach would enable proactive measures against potential threats before they penetrate the perimeter, as many drones can surveil facilities from outside their immediate vicinity. Under current laws, we cannot address these threats effectively.”

Legislation’s National Security Implications

The proposed COUNTER Act reflects a growing recognition of the need to adapt military protocols in response to evolving technological threats. As the popularity of drones continues to rise, so does the urgency for legislative measures that will empower military installations to manage these risks effectively.

Robust bipartisan support underscores the seriousness with which lawmakers are taking this issue, emphasizing national security’s reliance on modernizing the military’s defensive capabilities against drone intrusions.

Paving the Way Forward in Drone Policy

The COUNTER Act has the potential to not only enhance the military’s response to drone threats but also safeguard the nation from unforeseen risks posed by unauthorized unmanned aerial vehicles. As debates continue in Congress, the clarity and authority this legislation seeks to establish may mark a turning point in the combat against the complex landscape of modern aerial threats.