HR 5515 Debate in House

Yesterday the House began their debate on HR 5515, the National Defense Authorization Act for FY 2019. The initial rule for the consideration of HR 5515 made 103 of the 564 proposed amendments in order for consideration.

Of the nine amendments that I had identified as being of potential interest here, only one made the short list; #189 submitted by Rep. Jackson-Lee (D,TX) regarding cybersecurity apprenticeships. That amendment was adopted as part of en block amendment #6 at the close of debate last night.

Apprenticeship Amendment

The Jackson-Lee amendment would require DOD to submit a “report on the feasibility of establishing a Cybersecurity Apprentice Program to support on-the-job training for certain cybersecurity positions and facilitate the acquisition of cybersecurity certifications.” The amendment does not define the term ‘certain cybersecurity positions’ nor does it explicate the certifications to be considered.

Today’s Debate

The debate will resume today under the provisions of a second rule. Under that rule an additional 168 amendments from the list of 564 submitted will be allowed to be proposed on the floor. Only one more of the amendments that I previously identified made it to the second short list; amendment # 357, the Coast Guard Authorization Act of 2017. It will be debated as amendment # 52.

CG Authorization

While this amendment is entitled “the Coast Guard Authorization Act of 2017” it does not look anything like HR 2518 or S 1129 with the same title. Neither of those bills contained any language of particular interest here. This amendment does, however, contain language of potential interest to readers of this blog; these two sections in particular:

§319. Protecting against unmanned aircraft (pg 93);

§602. Maritime Security Advisory Committees (pg 200);

Section 319 would add a new §528 to 14 USC. That section would authorize DHS to take actions to mitigate the threat “that an unmanned air craft system or unmanned aircraft poses to the safety or security of a covered vessel or aircraft” {new §528(a)} with exceptions to current law (18 USC 32, 18 USC 1030, 18 USC 2510–2522, 18 USC 3121–3127, and 49 USC 46502) being provided to allow such actions. The allowed actions would specifically include {new §528(c)}:

• Detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire, oral, or electronic communication used to control the unmanned aircraft system or unmanned aircraft;

• Warn the operator of the unmanned aircraft system or unmanned aircraft, including by passive or active, and direct or indirect physical, electronic, radio, and electromagnetic means;

• Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned aircraft;

• Seize or exercise control of the unmanned aircraft system or unmanned aircraft;

• Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft; or

• Use reasonable force to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft.

The definition of ‘covered vessel or aircraft’ is somewhat limited and regulations implementing this section will be required.

Section 602 is a complete re-write of 49 USC 70112. It looks, however, as if the rewrite was done to make the section easier to read with less bouncing back and forth between information about the National Maritime Security Advisory Committee and Area Maritime Security Advisory Committees.

Moving Forward

The debate on HR 5515 resumes today and will probably finish today. I suspect that amendment #52 will be adopted.

Again, the Senate will take up its own version of the bill which is being marked up this week. A conference committee with then work out the differences between the two bills. There is a decent chance that this process could be completed before the summer recess.