Review – HR 3478 Introduced – UAS Destruction

Back in June Rep McGuire (R,VA) introduced HR 3478, the Manned Aircraft Clarification Act. The bill would amend 18 USC 32, clarifying that this statute prohibiting the destruction of aircraft is limited to manned aircraft. It also amends 49 USC 46502, clarifying that the ‘aircraft piracy’ provisions specifically apply to manned aircraft. No new funding is authorized.

McGuire is not a member of the House Judiciary Committee to which this bill was assigned for primary consideration. This means that there is probably not sufficient influence to see the bill considered in Committee. I am not sure that there would be adequate support for these proposed changes for it to advance in Committee if it were considered. There would most likely not be sufficient support for the bill to be considered before the full House under the suspension of the rules process.

Commentary

This bill is an attempt to address the need to use the ‘not withstanding’ language found in most cUAS legislative actions because of the disparate statutes that would have to be ‘violated’ to conduct counter drone operations. Unfortunately, this bill only addresses two of the six US Code sections that need to be dealt with to allow for effective cUAS operations. The other sections of concern are:

18 USC 1030 (computer fraud),

18 USC 1367 (interference with satellites),

18 USC Chapter 119 (wire intercept), and

18 USC Chapter 206 (pen registers).

For more information on the provisions of this bill, including additional commentary on those provisions and alternative considerations, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-3478-introduced-uas-destruction - subscription required.