The question, raised by House Speaker Mike Johnson to Homeland Security Secretary Alejandro Mayorkas, of whether drones were utilized during a recent event where former President Trump was shot in an assassination attempt, highlights a significant ongoing issue. Law enforcement agencies often face substantial funding challenges when attempting to secure grant funding for drones. These challenges are primarily influenced by the restrictions and limitations imposed by key funding agencies such as the Department of Justice (DOJ) and the Federal Emergency Management Agency (FEMA), under Homeland Security.
Drones funding from Homeland Security
Under the oversight of Secretary Mayorkas, Homeland Security allows law enforcement agencies to purchase drones to enhance security and surveillance of soft targets and crowded spaces. However, the funds available through FEMA are limited and must be distributed across various types of agencies, leaving a minimal allocation specifically for law enforcement to procure drones.
Department of Justice (DOJ) restrictions on UAS, UA, UAV
The DOJ’s Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the leading source of federal justice funding to state and local jurisdictions. JAG funds support a broad range of program areas, including law enforcement, prosecution, crime prevention, technology improvement, and more. However, when it comes to drones, there are stringent restrictions.
According to the DOJ’s Prohibited and Controlled Equipment Guidance for Awards Made During or After (federal) Fiscal Year 2023, Unmanned Aerial Systems (UAS), Unmanned Aircraft (UA), and Unmanned Aerial Vehicles (UAV) are strictly prohibited under Category A. This means that no JAG funds can be used for the purchase or transfer of any items listed in this category, and no waivers can be granted for such use.
While JAG funds cannot be used to purchase drones, they can be used to contract services for drone operations or to train personnel in drone usage. However, this still leaves a significant gap for agencies that need the equipment itself.
The growing threat of UAS
The Office of Legal Policy at the DOJ highlights the increasing risks associated with UAS. These threats include illicit surveillance, chemical, biological, and radiological attacks, and kinetic attacks on large open-air venues and government facilities. Criminals and terrorists exploiting UAS pose a significant danger, making it imperative for law enforcement to have the necessary tools to counter these threats.
In October 2020, the Justice Department’s Office of Justice Programs (OJP) issued guidance banning the use of agency grants to purchase drones from foreign groups deemed threats. This guidance also mandates that applicants for OJP loans must prove they can mitigate cybersecurity and privacy risks posed by these systems and address any civil liberties-related complaints.
The need for reclassification and policy updates
Given the critical need for drones in ensuring public safety, particularly in high-profile events, there is a strong argument for reclassifying UAS/UAVs under Category B – Statutorily Prohibited without Waiver. This reclassification would allow the DOJ to certify in writing that extraordinary and exigent circumstances necessitate the use of JAG funds for such purchases, ensuring that law enforcement agencies have the tools they need when they need them the most.
The BJA FY24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program has not yet been released. However, there is still time for the Bureau of Justice Assistance (BJA) to update the eligibility criteria for drones without requiring additional congressional funding. With over $306 million allocated, departments could use their formula-based allocations to purchase drones, provided they adhere to the same requirements as those mandated by Homeland Security Funds under FEMA.
Leveraging funding for UAVs and drones
Law enforcement agencies can advocate for the reclassification of drones under the JAG funding guidelines to ensure they can access the necessary technology to protect public safety. The BJA FY24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program provides a substantial budget for states and local jurisdictions:
State Solicitation
- Program Funding: $210,000,000
- Average Award Amount: $3,700,000
- Eligible Activities: Law enforcement programs, prosecution and court programs, prevention and education programs, corrections programs, drug treatment and enforcement programs, planning, evaluation, and technology improvement programs, crime victim and witness programs, mental health programs, and crisis intervention teams.
Local Solicitation
- Program Funding: $103,000,000
- Average Award Amount: $105,000
- Eligible Applicants: Federally Recognized Tribes, Government Entities
Call to action
In light of recent events where drone usage could have directly impacted the safety of a presidential candidate and the community, law enforcement agencies can push for policy changes that allow for greater flexibility in using grant funds for drones. By advocating for the reclassification of drones under Category B, agencies can ensure they are better equipped to handle modern security threats.
For more information and resources, agencies can refer to the Cybersecurity & Infrastructure Security Agency’s resources on unmanned aircraft systems: CISA UAS Resources.
By leveraging these funds and advocating for necessary policy updates, law enforcement can enhance their capabilities to protect public safety effectively.
For Grant Assistance, the Lexipol team is ready to assist your agency prepare for, apply to and secure these competitive discretionary funds. Let us build a custom grants solution for you by reaching out to our team today!
