Review – HR 3207 Introduced – UAS Counter Measures for Public Gatherings

Back in May Rep Steube (R,FL) introduced HR 6207, the Disabling Enemy Flight Entry and Neutralizing Suspect Equipment (DEFENSE) Act. The bill would amend 6 USC 124n, adding a new subsection (m), Stadium Security. It would authorize DHS and DOJ to deputize a State or local law enforcement officer to exercise the authority granted by §124n(a) with respect to large public gatherings. No new funding is authorized by this bill.

Moving Forward

While Steube is not a member of the House Judiciary Committee to which this bill was assigned primary consideration, one of his cosponsors, Rep Correa (R,CA), is a member. This means that there may be sufficient influence to see the bill considered in that committee. Additionally, one cosponsor, Rep Titus (D,NV), is a member of the House Transportation and Infrastructure Committee to which this bill was assigned for secondary consideration. This means that there is similar possibility for consideration in that committee.

I suspect that there will be a tendency in the leadership of the Judiciary Committee to decide that the current authority under §124n for DHS should be sufficient to protect such venues with dedicated DHS oversight, absent any specific information about actionable intelligence about any widespread terrorist threat against such gatherings. This is due to the broad exemptions provided in the opening sentence of subsection (a) to a variety of federal statutes that would have to be violated to identify, track and/or take any action against unmanned aircraft systems (UAS). Until a workable way to modify those statutes to allow actions against unauthorized or unsafe UAS is developed, there is going to be continued reluctance to expand counter UAS (cUAS) authorities.

 

For more information about the provisions of this bill, including a commentary about the lack of a Homeland Security Committee referral, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-3207-introduced-uas-counter-measures - subscription required.