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April 1 3, 2020 

MEMORANDUM FOR: HEADS OF THE BUREAU OF ALCOHOL, TOBACCO, 

FIREARMS AND EXPLOSIVES 

THE DRUG ENFORCEMENT AGENCY 

THE FEDERAL BUREAU OF INVESTIGATION 

THE FEDERAL BUREAU OF PRISONS 

THE UNITED STATES MARSHALS SERVICE 

THE JUSTICE MANAGEMENT DIVISION 

THE EXECUTIVE OFFICE FOR UNITED STATES 

ATTORNEYS 

FROM: THEATTORNEYGENERAL w~ 

SUBJECT: Guidance Regarding Department Activities to Protect Certain 

Facilities or Assets from Unmanned Aircraft and Unmanned 

Aircraft Systems 

Law enforcement and security agencies play a crucial role in ensuring the safe and secure 

integration of drone technology into the airspace. As recognized in the Department's 2019 

Policy on the Use of Unmanned Aircraft Systems, drone technology has transformative potential 

as a valuable law-enforcement and public-safety tool, including for use in crime scene 

investigations, search and rescue operations, and security assistance. As drones become more 

powerful and capable, however, they also become a more attractive tool for criminals, terrorists, 

and other bad actors to cause disruption and destruction. Unfortunately, the threat is not 

theoretical. 

· To assist the Department of Justice ("DOJ") and Department of Homeland Security 

("DHS") in combatting these threats, Congress passed the Preventing Emerging Threats Act of 

2018 (codified at 6 U.S.C. § 124n) ("the Act"). The Act provides DOJ and DHS with a tailored 

grant of authority for authorized Department components to take certain counter-drone actions, 

notwithstanding certain provisions of federal law that could potentially constrain necessary and 

appropriate actions to mitigate credible drone threats to designated facilities and assets. 
 

 

 

 

 

Memorandum from the Attorney General Page 2 

Subject: Guidance Regarding Department Activities to Protect Certain Facilities or Assets from 

Unmanned Aircraft and Unmanned Aircraft Systems 

Today, I have issued guidance under the Act entitled, Department Activities to Protect 

Certain Facilities or Assets from Unmanned Aircraft and Unmanned Aircraft Systems (“the 

Guidance”). As authorized components, your counter-drone activities conducted under the Act 

will be governed by the Guidance. The Guidance outlines the process by which your 

components may seek approval for the use of counter-drone technologies and request designation 

of facilities or assets for protection. As a general rule, not every facility or asset will qualify for 

protection. Only those considered “high risk and a potential target” for drone activity – and 

relate to one of the authorized DOJ missions enumerated in the Act and the Guidance – will 

qualify. 

Additionally, the Guidance reflects the Department’s commitment to working with the 

Federal Aviation Administration to address potential barriers to safe and secure operations in the 

National Airspace System. As required in the Act, the Guidance was developed in coordination 

with the Department of Transportation and contains a number of provisions designed to 

minimize any effect on aviation safety, civilian aviation and aerospace operations, aircraft 

airworthiness, and the use of airspace. 

Importantly, the Guidance contains explicit protections for privacy, civil rights, and civil 

liberties, including limitations on the retention and use of any data collected during the course of 

counter-drone operations. Component actions taken pursuant to the Act must be consistent with 

the First and Fourth Amendments, and the Guidance requires each component deploying 

counter-drone technologies to train personnel on privacy and civil liberties in the counter-drone 

context. 

To fully effectuate the Guidance, components must develop component-level guidance and 

policies, and fulfill interagency and inter-department coordination standards and requirements 

for procurement, training, and testing. 

Your counter-drone operations under the Act, consistent with this Guidance and your 

component-level guidance and policies, should serve as a model for responsible use of counterdrone authorities. Even as you seek to minimize the risk to the airspace and follow strict 

requirements to respect privacy and civil liberties, the Act and the Guidance should empower 

your components to take appropriate and lawful action against drones that threaten the safety of 

the skies, the public, or your missions. 
 

 

 

 

Memorandum from the Attorney General Page 3 

Subject: Guidance Regarding Department Activities to Protect Certain Facilities or Assets from 

Unmanned Aircraft and Unmanned Aircraft Systems 

In mitigating the threats posed by errant or malicious drone operators, your components 

will not only protect the Department’s missions, but will also facilitate American drone 

innovation and integration into one of the most complex airspaces in the world. 

cc: John C. Demers, Assistant Attorney General, National Security Division 

Beth A. Williams, Assistant Attorney General, Office of Legal Policy 

Brian A. Benczkowski, Assistant Attorney General, Criminal Division 
 

 

 

 

 

 

 

 

 

 

 

 

Guidance from the Attorney General: 

Department Activities to Protect Certain Facilities or Assets from 

Unmanned Aircraft and Unmanned Aircraft Systems 

April 2020 

I. Background 

The Preventing Emerging Threats Act of 2018 (the “Act”), Pub. L. No. 115-254, Div. H, 

§§ 1601–03, 132 Stat. 3186, 3522–30, codified in relevant part at 6 U.S.C. § 124n, 

permits authorized Department personnel to take protective measures that are 

necessary to mitigate a credible threat that an unmanned aircraft or unmanned 

aircraft system poses to the safety or security of a covered facility or asset. The Act 

requires guidance from the Attorney General before the authority may be exercised. This 

Guidance implements that requirement. It instructs Department of Justice 

(“Department”) components on the processes and standards for seeking the Department’s

designation of a facility or asset for protection, as well as the legal framework for 

exercising measures to protect those designated facilities and assets. It also instructs 

Department components on the coordination of protective measures with the Federal 

Aviation Administration (“FAA”) and other entities to address the impact of these 

measures on the national airspace system and other activities. 

As required by the Act, the Attorney General has coordinated this Guidance with the 

Administrator of the FAA and the Secretary of Transportation. In preparing this 

Guidance, the Department has also consulted with the Department of Homeland Security 

(“DHS”).

Authorized Department components that seek to deploy protective measures under 

the authority of the Act will issue an appropriate component policy that conforms to the 

requirements set out in subsection VIII.B. 

II. Scope and responsibilities 

A. Applicability. This Guidance applies only to the exercise of authority pursuant to the 

Act. This includes the authority granted by the Act to take protective measures 

necessary to mitigate credible threats from unmanned aircraft or unmanned aircraft 

systems to the safety or security of covered facilities or assets notwithstanding certain 

provisions of law, namely 49 U.S.C. § 46502 (aircraft piracy), 18 U.S.C. § 32 

(destruction of aircraft), 18 U.S.C. § 1030 (computer fraud), 18 U.S.C. § 1367 

(interference with the operation of a satellite), and chapters 119 (interception of 

communications) and 206 (pen registers and trap and trace devices) of Title 18. This 

Guidance addresses how authorized Department components will exercise the 

authority granted by the Act. This Guidance does not confer any additional authorities, 

nor does it affect any existing authorities under separate provisions of law, including 

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authorities to deploy protective measures or other measures to mitigate threats from 

unmanned aircraft or unmanned aircraft systems consistent with the Constitution, 

applicable federal laws and regulations, and Department policy. This Guidance does not 

apply to, or authorize activity directed at, any aircraft or aircraft system operated with 

human pilots, crew, or passengers onboard. 

B. Authorized Department components. The following components of the 

Department, through authorized Department personnel, may exercise the authorities 

granted to the Attorney General by the Act: 

1. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”);

2. The Drug Enforcement Administration (“DEA”);

3. The Federal Bureau of Investigation (“FBI”);

4. The Federal Bureau of Prisons (“BOP”);

5. The United States Marshals Service (“USMS”);

6. The Justice Management Division (“JMD”); and 

7. The Executive Office for United States Attorneys (“EOUSA”). 

C. Authorized Department personnel. Only officers or employees of the Department 

who are in an authorized Department component and whose assigned duties include 

the security or protection of people, facilities, or assets may exercise the authority to take 

protective measures granted by the Act. Authorized Department personnel must 

exercise such authority in a manner that is consistent with their other authorities and this 

Guidance. 

III. Requests from components 

A. General approval requirements 

1. Requests. If an authorized Department component seeks to have a facility 

or asset designated as a covered facility or asset and to deploy protective 

measures at such a facility or asset, the component head1 will submit a written 

request for approval to the Deputy Attorney General (the “Approving Official”), 

or, when authorized in paragraph 4, the component head may serve as the 

Approving Official. All requests will comply with the requirements of this 

section and include such other information as the Approving Official may require. 

2. Modifications. If an authorized Department component wishes to make a 

significant change to a previously designated covered facility or asset or a 

previously authorized protective measure, it will submit a request to the 

Approving Official updating the information previously provided under this 

1 The Director of EOUSA will submit a request on behalf of a United States Attorney’s Office. 

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section and using the same procedures applicable to initial designations and 

authorizations. Modifications covered by this paragraph include a change in the 

location of the facility or asset; an expansion of the area covered by a protective 

measure; the deployment of a new protective measure; and a significant change 

to a previously approved protective measure. Modifications to the system 

settings of a protective measure generally will not constitute a significant 

change, but the authorized Department component will need to evaluate any 

change, including modifications to system settings, on a case-by-case basis to 

determine whether it constitutes a significant change that requires the submission 

of a request to the Approving Official. All changes to system settings, however, 

must be coordinated in advance with the FAA and, when relevant, the National 

Telecommunications and Information Administration (“NTIA”). 

3. Timing. Authorized Department components will submit requests under 

this section to the Approving Official as soon as practicable and no fewer than 30 

days before the date on which protective measures would be deployed or a 

modification to such measures would go into effect. 

4. Exceptional circumstances. If the head of an authorized Department 

component determines that, due to exceptional circumstances, it is not reasonably 

possible to submit a written request to the Approving Official in accordance with 

paragraph 3, he or she may designate a facility or asset as a covered facility or 

asset, approve the deployment of protective measures, or approve a modification 

to a previously designated covered facility or asset or previously authorized 

protective measure. Such a designation or authorization must comply with all 

the requirements of the Act, including the requirement for a risk-based assessment 

as described in subsection F and advance coordination with the FAA as described 

in section V. It must also comply with all the requirements of this Guidance 

except that, to the extent necessary, the documentation required by this Guidance 

may be prepared as soon as practicable after the designation or authorization and, 

in any event, no later than five business days after the designation or 

authorization. The head of the authorized Department component will 

immediately notify the FAA, the Office of the Deputy Attorney General 

(“ODAG”), the Office of Legal Policy (“OLP”), and the National Security 

Division (“NSD”) of the designation or authorization. 

B. Description of facility or asset. The request will describe the facility or asset 

proposed for designation with specificity, including its nature and location; its 

surroundings, including proximity to air traffic, airports, air traffic control facilities, or 

other airspace features; whether it is stationary or mobile; and whether a significant 

portion of the facility or asset belongs to or is operated by any person or entity other than 

the Department. The facility or asset must be in the United States. For purposes of this 

Guidance, a facility or asset may include, among other things, (i) a conveyance, such as a 

vehicle transporting a witness that the USMS or FBI is protecting, or (ii) for a specified 

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timeframe, the location of an active federal law enforcement investigation, emergency 

response, or security function. For a mobile facility or asset, the request will describe as 

specifically as possible the anticipated locations of the facility or asset while it will be 

covered by the proposed protective measures. 

C. Relationship to authorized mission. The request will describe how the facility or 

asset directly relates to one or more authorized missions of the Department (consistent 

with governing statutes, regulations, and orders issued by the Attorney General) that 

pertain to: 

1. Personal protection operations by the FBI, as authorized by 28 U.S.C. § 533. 

2. Personal protection operations by the USMS of federal jurists, court officers, 

witnesses, and other threatened persons in the interests of justice, as authorized by 

28 U.S.C. § 566(e)(1)(A). 

3. Provision of security by the USMS for federal courts, as authorized by 28 

U.S.C. § 566(a). 

4. Protection of penal, detention, and correctional facilities and operations 

conducted by the BOP. 

5. Protection of buildings and grounds leased, owned, or operated by or for the 

Department. 

6. Protection of a National Special Security Event and Special Event 

Assessment Rating Event. 

7. Protection of an active federal law enforcement investigation, emergency 

response, or security function. A request involving any of these missions must 

describe how the protection being provided, including the use of protective 

measures, will be limited to a specified timeframe and location. 

8. Provision of support to state, local, territorial, or tribal law enforcement to 

ensure the protection of people and property at mass gatherings requested in 

accordance with section IV by the chief executive officer of the State or territory. 

D. Airspace restrictions. The request will describe whether the facility or asset is 

covered by airspace to which access is restricted, such as airspace subject to temporary 

flight restrictions imposed by the FAA in accordance with 14 C.F.R. § 99.7 or other 

applicable law, and will describe any such airspace restrictions. The requester will work 

with the FAA, which may determine that additional or modified airspace restrictions are 

needed to support enforcement efforts and to mitigate or eliminate risks posed by the 

protective measures to the airspace. 

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E. Protective measures. The request will describe: 

1. The protective measures that the component seeks authority to use to protect 

the safety or security of the facility or asset, including: 

a. The technology and equipment that the component plans to deploy, 

including its capabilities and specific technical characteristics; 

b. Whether the Department’s Unmanned Aircraft Systems Working Group 

(“UAS WG”),

2 or a designated subgroup thereof, or the FAA recommends 

the use of such technology and equipment and, if not, a justification for 

using the technology or equipment chosen; and 

c. Any applicable policies or procedures relating to use of the protective 

measures at the facility or asset, including any relating to use of force and 

approvals for the use of the protective measures; 

2. Whether the use of the protective measures is expected to result in the 

interception or acquisition of communications subject to the privacy protections 

of section VI and, if so, the nature of those communications; 

3. The time period during which the protective measures will be used and the 

proposed area or airspace covered by the measures; and 

4. Measures that will be employed using authorities other than the Act to mitigate 

the threat posed by an unmanned aircraft or unmanned aircraft system, if such 

measures will be used in conjunction with protective measures deployed or used 

under the authority of the Act. 

F. Risk-based assessment. The request will: 

1. Describe why there are reasonable grounds to believe, based on the totality of 

the circumstances, that the activities of unmanned aircraft or unmanned 

aircraft systems in the area or airspace covered by the proposed protective 

measures represent a credible threat to the safety or security of the facility or 

asset; 

2. Describe why, based on the totality of the circumstances, including the results 

of the risk-based assessment required by the Act, the facility or asset (other than a 

2 Under the direction of the Deputy Attorney General, the Department-wide UAS WG 

provides a forum to coordinate and discuss matters relating to the Department’s use of 

unmanned aircraft and unmanned aircraft systems and its use of protective measures to 

mitigate threats posed by unmanned aircraft and unmanned aircraft systems. The UAS WG 

is chaired by OLP and includes representatives from the FBI, DEA, USMS, ATF, BOP, ODAG, 

NSD, JMD, EOUSA, the Criminal Division, the Office of Justice Programs, the Office of 

Community Oriented Policing, the Office of Legislative Affairs (“OLA”), the Office of Privacy 

and Civil Liberties, and the JMD Office of the Chief Information Officer. 

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facility or asset identified in paragraph C.6) should be identified as high-risk and a 

potential target of the unlawful activities of unmanned aircraft or unmanned 

aircraft systems; and 

3. Contain a risk-based assessment with respect to the potential impacts of 

protective measures on public safety, including the safety, efficiency, and use of 

the national airspace system, and the needs of law enforcement and national 

security at the facility or asset. The assessment will be coordinated with the FAA 

as described in section V and include an evaluation of the following factors: 

a. The potential impacts to safety, efficiency, and use of the national 

airspace system (including potential effects on manned aircraft and 

unmanned aircraft systems, aviation safety, airport operations, 

infrastructure, and air navigation services) related to the use of any system 

or technology for carrying out a protective measure; 

b. The options for mitigating any identified impacts to the national 

airspace system related to the use of any system or technology for carrying 

out a protective measure, including minimizing, when possible, the use 

of any technology that disrupts the transmission of radio or electronic 

signals; 

c. The potential consequences of the impacts of a protective measure to 

the national airspace system and infrastructure if not mitigated; 

d. The ability to provide reasonable advance notice to aircraft operators 

consistent with the safety of the national airspace system and the needs of 

law enforcement and national security; 

e. The setting and character of the facility or asset, including whether it is 

located in a populated area or near other structures, whether the facility is 

open to the public, whether the facility is also used for nongovernmental 

functions, and any potential for interference with wireless communications 

or for injury or damage to persons or property; 

f. If the facility or asset involves a National Special Security Event or 

Special Event Assessment Rating Event, the setting, character, 

timeframe, and national airspace system impact of the event; and 

g. The potential consequences to national security, public safety, or law 

enforcement if threats posed by unmanned aircraft or unmanned 

aircraft systems are not mitigated or defeated, including any 

cybersecurity, espionage, intelligence, surveillance, reconnaissance, 

operational interference, criminal, chemical, biological, radiological, 

nuclear, or explosive-related risks. 

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G. Role of other entities. The request will describe whether (to the knowledge of the 

requesting authorized Department component) any other Department component, 

federal department or agency, or other entity also intends to deploy, under the authority 

of the Act or otherwise, technology or equipment to mitigate the threat posed by 

unmanned aircraft or unmanned aircraft systems to the same mission, facility, or 

asset. 

H. Requests from States or territories. The request will state whether the chief 

executive officer of a State or territory has requested the protective measures in 

accordance with section IV. 

I. Coordination. The request will describe the coordination that the component has 

conducted with the FAA as described in section V, including the risk-based assessment 

outlined in paragraphs F.2 and F.3 and the coordination described in subsection V.A, and 

the results of that coordination. The request will also describe any coordination or 

consultation that the component has conducted with the NTIA or other entities inside or 

outside the Department, and the results of such coordination or consultation. 

J. Legal review. The request will include a summary of component counsel’s legal 

assessment of the request. 

K. Approval. If the Approving Official finds that (i) the request is consistent with the 

requirements of the Act, other applicable law, and this Guidance; and (ii) furthers the 

priorities and objectives of the Department, including consideration of resource 

constraints and priorities, the Approving Official may: 

1. Designate the facility or asset as a covered facility or asset based on: 

a. A finding that the activities of unmanned aircraft or unmanned 

aircraft systems pose a credible threat to the facility or asset; and 

b. Identification of the facility or asset as high-risk and a potential target 

of the unlawful activities of such aircraft or systems, except that a facility 

or asset identified in paragraph C.6 may be presumed to be high-risk and a 

potential target for such unlawful activities; 

2. Approve the deployment and use of some or all of the requested protective 

measures at the covered facility or asset; and 

3. Specify any conditions for the deployment or use of protective measures, 

such as requirements for: 

a. Approval of operational plans or documents; 

b. Specific high-level or on-site approval for the use of some or all of the 

protective measures, such as the measures identified in paragraphs X.G.2 

through 6; or 

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c. Specific operational and technical measures necessary to sufficiently 

mitigate impacts on aviation safety and the national airspace system. 

IV. Requests to support state, local, territorial, or tribal law enforcement 

A. Requests. An authorized Department component may request authorization to 

designate a facility or asset as a covered facility or asset and to deploy, or to deploy 

together with DHS, protective measures to support state, local, territorial, or tribal law 

enforcement to ensure protection of people and property at mass gatherings. The 

component may seek such authorization at the request of the chief executive officer of a 

State or territory, to the extent consistent with authorized missions of the Department. 

B. Requirements. A request by an authorized Department component under this 

section will be made to the Approving Official and will: 

1. Specifically describe the mass gathering, including its location and Special 

Event Assessment Rating, if applicable; 

2. Specifically describe the threat to the mass gathering posed by unmanned 

aircraft or unmanned aircraft systems, including intelligence regarding the 

threat, any characteristics of the mass gathering relevant to assessing the threat, 

and any additional special security concerns; 

3. Identify any airspace restrictions established by the FAA for the mass 

gathering (see subsection III.D); 

4. Identify the specific time period for the support; 

5. Comply with the requirements of this Guidance, including the timing, riskbased assessment, and other requirements of section III; 

6. Describe how the component will provide the support within available 

resources; 

7. Describe how the component will provide the support without delegating any 

authority under the Act to state, local, territorial, or tribal law enforcement; 

8. Include the underlying request from the chief executive officer of the State or 

territory; and 

9. Include such other information as the Approving Official may request. 

C. Approval. The Approving Official may approve a request as provided in subsection 

III.K or, when applicable, paragraph III.A.4. 

D. Reporting. Any Department component receiving a request for support involving the 

use of protective measures from the chief executive of a State or territory will promptly 

report the request to the Deputy Attorney General and the FAA, and otherwise as directed 

by the Deputy Attorney General, even if the component believes that it or the Department 

should not, or cannot consistent with the Act or available resources, provide such support. 

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V. Coordination 

A. Department of Transportation 

1. Coordination with the Secretary of Transportation. Pursuant to a delegation of 

authority from the Secretary of Transportation to the FAA, any coordination with 

the Secretary of Transportation required under the Act or this Guidance will be 

conducted through the FAA acting on behalf of the Secretary of Transportation. 

Any reference in the Guidance to coordination with the FAA includes 

coordination with the FAA acting on behalf of the Secretary of Transportation. 

2. Actions pursuant to the Act. When an authorized Department component 

proposes to take any action under authority provided by the Act, including the 

deployment of protective measures, that might affect aviation safety, civilian 

aviation and aerospace operations, aircraft airworthiness, or the use of the 

airspace, the component will coordinate with the FAA. Authorized Department 

components will initiate such coordination as soon as practicable and, with the 

exception of measures approved for deployment or modification under paragraph 

III.A.4, no fewer than 30 days before the date on which the protective measures 

would be deployed or the modification would go into effect. In the case of 

protective measures approved for deployment or modification under paragraph 

III.A.4, the authorized Department component must coordinate with the FAA 

in advance, but such coordination may be initiated less than 30 days before 

deployment or modification. An authorized Department component proposing 

to issue policy or guidance implementing this Guidance (such as any guidance 

issued under section VIII) will coordinate the policy or guidance with the FAA. 

3. Mobile deployments. In particular, any authorized Department component 

conducting, or requesting approval to deploy, mobile protective measures will 

coordinate those measures as far in advance as practicable with the FAA. 

4. Advance requests. An authorized Department component may request a 

categorical determination from the FAA that a particular system used to 

implement protective measures, as a general matter or when used in identified 

circumstances, either does not have a negative impact, or has a level of impact 

that falls within acceptable limits, on the safety, efficiency, and use of the national 

airspace system. The impact of such a measure includes potential effects on 

manned and unmanned aircraft, aviation safety, airport operations and 

infrastructure, and air navigation services. This categorical determination does 

not relieve the component from spectrum coordination with the NTIA. 

5. Unacceptable impacts. If the FAA determines that a proposed protective 

measure poses an unacceptable degree of risk to the safety, efficiency, or use of 

the national airspace system, the authorized Department component will 

coordinate with the FAA to identify potential steps that will both reduce the risk 

posed by the protective measure to an acceptable level and still adequately 

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address the threat posed by unmanned aircraft or unmanned aircraft systems. 

Such steps may include using a particular measure only in identified 

circumstances or imposing conditions or technical limitations on its use. 

B. Other entities. To the extent feasible and appropriate, an authorized Department 

component will also coordinate with any other federal department or agency, or any 

state, local, tribal, territorial, or foreign governments, whose known interests or activities 

may be substantially affected by the component’s proposed policy, guidance, or action, 

such as the deployment of protective measures, under the Act or this Guidance. 

C. Internal coordination. OLP, in consultation with the Department’s UAS WG and 

any appropriate subgroups to the extent appropriate and helpful, will direct and 

coordinate the following functions: 

1. Facilitating and coordinating procurement and training in accordance with 

section VII; 

2. Identifying recommended technologies and equipment for use by authorized 

Department components; 

3. Promoting the sharing and accessibility of testing and evaluation data between 

components and with other federal departments and agencies; 

4. Coordinating, prioritizing, and de-conflicting component requests to designate 

covered facilities or assets or to authorize protective measures, and making 

recommendations concerning such requests; 

5. Reviewing the component-level policies required by section VIII and any other 

policies necessary to carry out the authorities granted by the Act; 

6. Reviewing activities conducted under the Act by the Department or related 

activities conducted by others, and recommending changes or improvements; and 

7. Ensuring that the Department, through OLA, complies with the congressional 

reporting requirements of the Act. 

VI. Privacy protections 

A. General. In exercising authority under the Act, an authorized Department 

component will consult as appropriate with the Senior Component Official for Privacy 

(“SCOP”). A component may only intercept, acquire, access, maintain, use, or 

disseminate communications in a manner consistent with the Constitution, including the 

First and Fourth Amendments; the Act; and other applicable federal laws, regulations, 

guidelines, and procedures, including the Privacy Act of 1974. A component may not 

deploy or use any protective measure under authority of the Act solely for the purpose 

of monitoring activities protected by the First Amendment or the lawful exercise of rights 

secured by the Constitution or laws of the United States. A component should consider 

and be sensitive at all times to the potential impact protective measures may have on 

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legitimate activity by unmanned aircraft and unmanned aircraft systems, including 

systems operated by the press. 

B. Retention. Department components may maintain records of communications to or 

from unmanned aircraft or unmanned aircraft systems intercepted or acquired under 

authority of the Act if, and for such period that, an authorized component official 

designated as specified in subparagraph VIII.B.1.n determines the maintenance of such 

records: 

1. Is necessary to investigate or prosecute a violation of law; 

2. Is necessary to directly support an ongoing security operation; 

3. Is required under federal law; or 

4. Is necessary for the purpose of litigation, including litigation that is reasonably 

foreseeable. 

Department components may maintain records of any other communications to or from 

unmanned aircraft or unmanned aircraft systems intercepted or acquired under 

authority of the Act only for as long as necessary, and in no event for more than 180 

days. 

C. Dissemination. Department components may disseminate communications 

intercepted or acquired under authority of the Act outside the Department only if the 

dissemination is legally authorized and: 

1. Is necessary to investigate or prosecute a violation of law; 

2. Would support: 

a. the Department of Defense, 

b. a federal law enforcement agency, or 

c. the enforcement activities of a regulatory agency of the federal 

Government in connection with a criminal or civil investigation of, or any 

regulatory, statutory, or other enforcement action relating to a protective 

measure; 

3. Is to DHS in the course of a security or protection operation of either the 

Department or DHS or a joint operation of the Department and DHS; or 

4. Is otherwise required by law. 

D. Communications acquired by DHS. The requirements of subsections A through C 

also limit the retention and dissemination by the Department of communications that 

DHS acquires under authority of the Act and provides to the Department. 

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E. State or local law enforcement. Department components may, to the extent 

necessary, share threat information acquired under authority of the Act with state, local, 

territorial, or tribal law enforcement in the course of a security or protection operation. 

Threat information includes the location, altitude, speed, trajectory, track, make and 

model, registration number or other unique identifier, and payload of an unmanned 

aircraft, as well as the location of the operator as indicated by the position of the aircraft 

controller or ground control station. Threat information, however, does not include 

communications acquired under authority of the Act. 

F. Searches and seizures. As in all circumstances, components will comply with the 

requirements of the Fourth Amendment and observe the policies of the Department with 

respect to searches and seizures. Protective measures taken under authority of the Act 

to mitigate a credible threat posed by an unmanned aircraft or unmanned aircraft 

system to the safety or security of a covered facility or asset are exempt from certain 

statutory requirements referenced in section II.A. All protective measures, however, 

must comply with any other statutory requirements applicable under the facts and 

circumstances and with the Fourth Amendment if the protective measures involve a 

search or seizure. The protective measures authorized by the Act, moreover, are limited 

to actions necessary to mitigate a credible threat posed by an unmanned aircraft or 

unmanned aircraft system to the safety or security of a covered facility or asset, and 

once that credible threat is mitigated or has otherwise ended, the exemptions under the 

Act no longer apply. 

G. Recordkeeping. Department components will maintain records of how they access, 

maintain, use, and disseminate communications intercepted or acquired under authority 

of the Act. 

VII. Procurement and training 

A. Procurement. Before an authorized Department component acquires (for 

purposes other than testing and evaluation) technology or equipment (i.e., systems) to 

take protective measures under authority of the Act, it will: 

1. Consider systems that minimize the risk of harm posed to bystanders, 

responders, and other persons; 

2. Consider systems that minimize the risks to the safety, efficiency, and use of 

the national airspace system; 

3. Consider systems that support the effective differentiation (including 

minimizing false positives and inaccurate location determinations) of legitimate, 

lawful unmanned aircraft system operations from activity that warrants further 

evaluation; 

4. Consider systems that support the sharing of detection, tracking, identification, 

and interdiction data with government partners; 

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5. Consider the interoperability of the technology or equipment and whether the 

component will be able to share or transfer it within the Department or the 

Government; 

6. Consider whether to purchase or lease the technology or equipment in light of 

the component’s knowledge of its effectiveness and anticipated life expectancy; 

7. Research, test, and evaluate the technology or equipment to determine its 

capability and utility, or review the results of similar research, testing, and 

evaluation conducted by other appropriate entities. (This requirement for testing 

and evaluation also applies to technology or equipment that a component may 

already possess.) 

8. Before any testing or evaluation of the technology or equipment by the 

Department, the authorized Department component conducting the testing or 

evaluation will coordinate with the FAA if the activity might affect aviation 

safety, civilian aviation and aerospace operations, aircraft airworthiness, or the 

use of the airspace, and with the NTIA if the activity might affect the radio 

frequency spectrum; 

9. Inform the Department’s UAS WG about proposed testing and the results of 

testing and, where appropriate, similarly inform other Department components; 

10. Submit any technology or equipment that is capable of processing, storing, or 

transmitting information to the information technology acquisition review and 

supply chain assessment processes, or obtain a waiver, if required by the 

Department-wide memorandum issued by the Assistant Attorney General for 

Administration on October 29, 2018 or by any subsequent Department policy; and 

11. Ensure that any technology or equipment acquired or leased includes 

information-collection and reporting systems adequate to enable the Department 

to meet its reporting obligations on mission operations, cybersecurity, and supply 

chain issues, consistent with any guidance from the JMD Office of the Chief 

Information Officer. 

B. Training Requirement for System Operators. An authorized Department 

component that acquires technology or equipment in order to take protective measures 

under authority of the Act will ensure that authorized Department personnel are 

properly trained on the use of the technology or equipment and on their responsibilities 

under this Guidance. Training will be conducted at regular intervals and include 

instruction on privacy and civil liberties, in consultation with the SCOP, as well as on all 

relevant federal legal standards applicable to the use of such protective measures. 

VIII. Implementing policy 

A. Use of force. If an authorized Department component intends to deploy 

protective measures to counter unmanned aircraft or unmanned aircraft systems that 

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may involve the use of force, it will review applicable use of force policies and training 

materials as they relate to unmanned aircraft and unmanned aircraft systems and, 

after coordination with the FAA, DHS, and other appropriate federal departments or 

agencies to the extent required by law, recommend any changes for approval by an 

official authorized to change such policies or training materials. 

B. Component policy 

1. The head of any authorized Department component that proposes to deploy 

protective measures under the authority of the Act will issue a component policy 

that addresses: 

a. Prioritizing requests for protective measures. 

b. Identifying the types of protective measures that may be authorized 

and the approvals required for their deployment and use. 

c. Reviewing, by component legal counsel, requests for approval under 

sections III and IV. 

d. Preparing risk-based assessments as required by the Act and subsection 

III.F. 

e. Developing appropriate operational plans for the deployment and use of 

protective measures at any covered facility or asset. 

f. Developing and implementing procedures and other measures in 

coordination with the FAA to address the safety and efficiency impacts of 

protective measures on the national airspace system. 

g. Notifying appropriate persons or entities, including the FAA, of 

potentially concerning sightings of unmanned aircraft near a covered 

facility or asset or in or near airspace subject to relevant flight 

restrictions. 

h. Conducting research, testing, training on, and evaluation of technology 

and equipment for taking protective measures, including internal 

approval requirements for any such activities and procedures to ensure that 

such activities are conducted consistent with applicable law. Such 

procedures will provide for preventing or minimizing the effect of such 

activities on third parties. 

i. Coordinating the deployment and use of technology and equipment for 

taking protective measures with other appropriate government entities, 

including the FAA and NTIA, as well as with facilities or assets in an area 

where the component may use protective measures. 

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j. Notifying appropriate persons or entities, including the FAA, at the 

earliest operationally feasible opportunity after initiating the use of any 

protective measures and sharing post-incident data and analysis. 

k. Treating a downed or otherwise captured unmanned aircraft or 

unmanned aircraft system as a potential explosive device or as posing 

chemical, biological, radiological, or nuclear risks. 

l. Treating a downed or otherwise captured unmanned aircraft or 

unmanned aircraft system as potentially possessing evidentiary value, 

either as an instrumentality of a crime or as a device containing evidence 

of a crime, or both. 

m. Seizing and seeking forfeiture of an unmanned aircraft or 

unmanned aircraft system in accordance with subsection IX.A and 

applicable Department procedures and federal law. 

n. Identifying component officials who may approve the retention of 

communications beyond 180 days in accordance with subsection VI.B. 

o. Documenting compliance with the requirements of this Guidance, 

including requirements to maintain detailed records of the deployment or 

use of protective measures. 

p. Maintaining operational security, including, as needed, the use of 

proper classification and dissemination controls. 

q. Conducting oversight of the use of protective measures. 

r. Coordinating with the Department’s Office of Public Affairs in advance 

of any new deployment of protective measures. 

s. Notifying OLA and OLP at least seven days before deploying any new 

technology or equipment to carry out protective measures, so that the 

Department can notify appropriate congressional committees within 30 

days of such deployment, as required by the Act. 

t. Otherwise ensuring compliance with congressional reporting 

requirements. 

2. The head of the authorized Department component will coordinate the 

development of such policy as required by section V. 

3. An authorized Department component that has not issued such a component 

policy may, if necessary, submit a request to deploy protective measures 

consistent with this Guidance, including the requirements of section III. 

4. The head of any authorized Department component that proposes to deploy 

protective measures under the authority of the Act to protect fixed sites under 

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paragraphs III.C.1–III.C.5 will issue criteria for ranking or categorizing for 

prioritization each fixed site for which protective measures are requested and 

will maintain a current list of ranked sites. 

IX. General provisions 

A. Forfeiture. Any unmanned aircraft or unmanned aircraft system that is seized 

through the use of a protective measure may be forfeited when consistent with federal 

law and Department policies, including the implementing policy required by section VIII. 

B. Activities conducted with others. No Department personnel may participate in or 

request any person or entity to undertake any activity that is inconsistent with this 

Guidance. 

C. Questions of interpretation. Authorized Department components and 

components participating in the Department’s UAS WG will consult with NSD on 

significant questions regarding interpretations of the Act or this Guidance. To the extent 

written advice is provided, NSD, in consultation with OLP, will disseminate it to other 

entities, as appropriate. 

D. Modifications, departures, and amendments 

1. Modifications. If Department personnel identify a situation that they believe 

requires them to act inconsistently with this Guidance in order to protect the 

national security of the United States, enforce the criminal law, or protect life or 

property from serious harm, those personnel should immediately contact their 

legal counsel or other appropriate official in their component to request that this 

Guidance be modified. Any modification to this Guidance must comply with 

paragraph 2. 

2. Amendments. The Deputy Attorney General may amend this Guidance or 

issue such further policies or guidance as may be necessary or appropriate to 

implement the Act. All substantive amendments and additional policies or 

guidance will be coordinated in accordance with section V. 

3. Departures. If, in order to protect against an immediate or grave threat to 

human life, property, or national security, an authorized Department 

component determines that it must take action in apparent departure from this 

Guidance (but still in accordance with applicable federal law, including the Act 

and the Fourth Amendment to the Constitution) and that it is not feasible to obtain 

a timely modification of this Guidance, the component may take such action. 

Appropriate component personnel will report the action as quickly as reasonably 

practicable and in any event within three business days to the head of the 

component, OLP, NSD, and the FAA. 

E. Congressional reporting. OLA, in consultation with the Department’s UAS WG 

and component legislative affairs personnel, will prepare and submit all reports to 

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Congress required by the Act in a timely manner, and prepare and submit any other 

reports to Congress related to the Department’s activities under the Act or this Guidance. 

Department components will comply with the standards and deadlines established by 

OLA for providing the information OLA needs to carry out these responsibilities. 

F. No legal rights. This is internal guidance directed solely to Department components 

and employees. It is not intended to, does not, and may not be relied upon to create any 

rights, substantive or procedural, enforceable at law or in equity, by any party against the 

United States, its departments, agencies, or entities, its officers, employees, or agents, or 

any other person. It also does not place any limitation on the otherwise lawful 

investigative, prosecutorial, or litigative prerogatives of the United States. 

X. Definitions 

A. Authorized Department component means a component identified in subsection 

II.B. 

B. Authorized Department personnel means officers and employees of the Department 

who are identified in subsection II.C as authorized to take protective measures under the 

authority of the Act. 

C. Covered facility or asset means a facility or asset designated in accordance with 

sections III or, where applicable, IV. 

D. Credible threat means the reasonable belief, based on the totality of the 

circumstances, that the activity of an unmanned aircraft or unmanned aircraft system 

may, if unabated: 

1. Cause physical harm to a person; 

2. Damage property, assets, facilities, or systems; 

3. Interfere with the mission of a covered facility or asset, including its 

movement, security, or protection; 

4. Facilitate or constitute unlawful activity; 

5. Interfere with the preparation or execution of an authorized government 

activity, including the authorized movement of persons; 

6. Result in unauthorized surveillance or reconnaissance; or 

7. Result in unauthorized access to, or disclosure of, classified, sensitive, or 

otherwise lawfully protected information. 

E. Electronic communication, intercept, oral communication, and wire 

communication have the meanings given those terms at 18 U.S.C. § 2510. 

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F. National Special Security Event means a designated event that, by virtue of its 

political, economic, social, or religious significance, may be the target of terrorism or 

other criminal activity. 

G. Protective measures mean one or more of the following actions: 

1. During the operation of an unmanned aircraft or unmanned aircraft system, 

the detection, identification, monitoring, and tracking of the unmanned aircraft 

or unmanned aircraft system, without prior consent, including by means of 

intercepting or otherwise accessing a wire, oral, or electronic communication 

used to control the unmanned aircraft or unmanned aircraft system. 

2. Warning the operator of the unmanned aircraft or unmanned aircraft 

system, including by passive or active, and direct or indirect physical, electronic, 

radio, and electromagnetic means. 

3. Disrupting control of the unmanned aircraft or unmanned aircraft system, 

without prior consent, including by disabling the unmanned aircraft or 

unmanned aircraft system by intercepting, interfering, or causing interference 

with wire, oral, electronic, or radio communications used to control the 

unmanned aircraft or unmanned aircraft system. 

4. Seizing or exercising control of the unmanned aircraft or unmanned 

aircraft system. 

5. Seizing or otherwise confiscating the unmanned aircraft or unmanned 

aircraft system. 

6. Using reasonable force, if necessary, to disable, damage, or destroy the 

unmanned aircraft or unmanned aircraft system. 

H. Special Event Assessment Rating Event means an event that is evaluated by the 

federal Special Events Working Group using a risk assessment methodology that 

considers the types of threats to the event, the vulnerabilities of the event, and the 

potential adverse consequences if a threat materializes. DHS and FBI co-chair the 

Working Group. Events are assigned a level 1 through 5 rating that is used in 

determining the level of federal support provided in securing the event. Level 1 is the 

highest rating and a level 1 event would receive the most federal support. 

I. United States, when used in a geographic sense, means any State of the United States, 

the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 

American Samoa, the Commonwealth of the Northern Mariana Islands, any possession of 

the United States, and any waters within the jurisdiction of the United States. 

J. Unlawful activity includes a violation of the laws or regulations governing the safe 

operation of unmanned aircraft. This includes violations of the Federal Aviation 

Regulations, such as unauthorized entry into FAA-designated restricted or special-use 

airspace, including prohibited or restricted airspace; national defense airspace; areas 

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subject to temporary flight restrictions; or warning, alert, military operations, national 

security, or controlled firing areas. 

Unlawful activity also includes violations of other federal, state, local, territorial, or tribal 

laws, such as: 

1. Laws prohibiting the provision of material support to terrorists or designated 

foreign terrorist organizations; 

2. Laws protecting the safety of persons or property; 

3. Laws prohibiting interference with law enforcement or public safety activities; 

and 

4. State laws prohibiting nuisance activities. 

K. Unmanned aircraft and unmanned aircraft system have the meanings given those 

terms at 49 U.S.C. § 44801. 

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