DEFEND Act

Bill Number

H.R. 6846

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-12-19: Referred to the Subcommittee on Counterterrorism and Intelligence.

Last Updated

2026-07-09T13:27:22Z

AI-Generated Summary

Purpose

The DEFEND Act (H.R. 6846) aims to enhance U.S. homeland security by requiring the Department of Homeland Security (DHS) to evaluate and report on terrorism risks posed by the malicious use of drones (unmanned aircraft systems) by foreign adversaries and terrorist groups. It focuses on global trends in drone proliferation and their potential threats to U.S. critical infrastructure, public safety, and borders.

Key Provisions

• Annual Assessments: DHS must submit a report to congressional committees within 270 days of enactment and annually for six years. Each report analyzes threats from "covered" drones—those made in or using components from adversarial countries—used by foreign adversaries or terrorists for surveillance, attacks, or disruption.
• Assessment Content: Reports must cover:
• Methods and trends in using drones to target infrastructure, civilians, or conduct strikes.
• Risks of these tactics being copied by domestic extremists or lone actors, including at borders, ports, transportation, or events.
• Drone use for spying, data collection, or espionage.
• How adversaries acquire or smuggle drones, and potential U.S. entry points.
• Emerging tech like AI, swarms (groups of cheap drones), or payloads (e.g., chemical or biological materials).
• Lessons from global conflicts, including allied defenses against drone attacks.
• Involvement of criminal groups in the Western Hemisphere emulating adversaries.
• DHS's research on counter-drone tech and private sector input.
• Training and Preparedness: DHS must create recommendations, training, and exercises for law enforcement at all levels to detect and respond to malicious drone use, drawing from global conflict lessons.
• Consultation and Collaboration: Assessments involve input from DHS components, Department of Defense, intelligence agencies, and private sector experts in counter-drone technology.
• Reporting Requirements: Classified briefings to Congress within seven days of submission; an unclassified summary made public on DHS's website.
• Definitions: Key terms include "covered foreign adversary" (governments or groups from adversarial countries like those identified in U.S. intelligence reports), "covered unmanned aircraft system" (drones linked to adversarial nations), and "terrorist organization" (as defined in existing U.S. law).

Significant Changes to Existing Law

• Adds a new Section 324 to Title III of the Homeland Security Act of 2002, mandating these specific annual threat assessments on drone-related terrorism—a requirement not previously in place.
• Updates the Act's table of contents to include the new section.
• Builds on existing definitions (e.g., from aviation law) but expands them to focus on foreign adversary-linked drones, without altering broader drone regulations.

Potential Impacts

• Government Agencies: Increases workload for DHS in conducting assessments, training, and interagency coordination; may boost funding or resources for counter-drone research and homeland defense systems.
• Citizens: Improves public safety through better preparedness against drone-enabled attacks on soft targets (e.g., events or infrastructure), potentially reducing risks of terrorism or disruption, though it could indirectly affect privacy via enhanced surveillance training.
• International Relations: Highlights U.S. concerns about adversarial countries (e.g., those in annual threat assessments), possibly straining ties with them; encourages learning from allies' counter-drone experiences, fostering cooperation in global security.

Main Stakeholders Affected

• Federal Agencies: DHS (lead role), Department of Defense, Office of the Director of National Intelligence, and other intelligence bodies for consultation and data sharing.
• Law Enforcement: Federal, state, local, Tribal, and territorial agencies, who will receive new training and tools to counter drone threats.
• Congress: Homeland Security committees in the House and Senate, receiving reports and briefings to oversee implementation.
• Private Sector: Companies developing counter-drone technologies, providing expertise and best practices to DHS.
• Broader Groups: U.S. citizens and critical infrastructure operators (e.g., ports, transportation) indirectly benefit from heightened defenses; foreign adversaries and terrorist organizations face increased scrutiny.

Notable Legal, Constitutional, or Political Implications

• Legal: Reinforces existing counter-terrorism authorities under the Homeland Security Act without creating new enforcement powers; relies on classified reporting to protect sensitive intelligence, balancing transparency (via public annexes) with security needs.
• Constitutional: No direct challenges to rights like free speech or privacy, as it focuses on threat assessment rather than new surveillance mandates; aligns with Congress's oversight role in national security.
• Political: Signals bipartisan concern (introduced by multiple representatives) over evolving drone threats in conflicts like those in the Middle East or Ukraine; could influence future budgets for counter-unmanned aircraft systems (counter-UAS) and shape U.S. policy on foreign tech imports, potentially leading to stricter export controls on drones.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Crane, Elijah [R-AZ-2]

Cosponsors (5)

Rep. Garbarino, Andrew R. [R-NY-2], Rep. McCaul, Michael T. [R-TX-10], Rep. Strong, Dale W. [R-AL-5], Rep. Ogles, Andrew [R-TN-5], Rep. Pfluger, August [R-TX-11]

Recent Actions

• 2025-12-19: Referred to the Subcommittee on Counterterrorism and Intelligence.
• 2025-12-19: Referred to the Subcommittee on Transportation and Maritime Security.
• 2025-12-18: Referred to the House Committee on Homeland Security.
• 2025-12-18: Introduced in House
• 2025-12-18: Introduced in House

Bill Versions

• Detecting and Evaluating Foreign Exploitation of Novel Drones Act — issued 2025-12-18 — PDF (14 pages)