New Biden Domestic Counter Drone Plan

Earlier this week, the Biden Administration published a fact sheet on “The Domestic Counter-Unmanned Aircraft Systems National Action Plan”. It outlines a new Administration push to “expand where we can protect against nefarious UAS activity, who is authorized to take action, and how it can be accomplished lawfully.”

A supporting press release from the Justice Department notes that “the threat posed by the criminal use of drones is increasing and evolving, and department components cannot protect everyone, everywhere, all the time.” A shorter press release from DHS reports that: “DHS will continue to judiciously implement its C-UAS authorities, while protecting privacy, civil rights, and civil liberties.” There is no press release from the FAA about the initiative.

The White House fact sheet provides eight key recommendations for action:

• Work with Congress to enact a new legislative proposal to expand the set of tools and actors who can protect against UAS by reauthorizing and expanding existing counter‑UAS authorities for the Departments of Homeland Security, Justice, Defense, State, as well as the Central Intelligence Agency and NASA in limited situations.

• Establish a list of US Government authorized detection equipment, approved by Federal security and regulatory agencies, to guide authorized entities in purchasing UAS detection systems in order to avoid the risks of inadvertent disruption to airspace or the communications spectrum.

• Establish oversight and enablement mechanisms to support critical infrastructure owners and operators in purchasing counter-UAS equipment for use by authorized Federal entities or SLTT law enforcement agencies.

• Establish a National Counter-UAS Training Center to increase training accessibility and promote interagency cross-training and collaboration.

• Create a Federal UAS incident tracking database as a government-wide repository for departments and agencies to have a better understanding of the overall domestic threat.

• Establish a mechanism to coordinate research, development, testing, and evaluation on UAS detection and mitigation technology across the Federal government.

• Work with Congress to enact a comprehensive criminal statute that sets clear standards for legal and illegal uses, closes loopholes in existing Federal law, and establishes adequate penalties to deter the most serious UAS-related crimes.

• Enhance cooperation with the international community on counter UAS technologies, as well as the systems designed to defeat them.

There is no mention of having the Federal Aviation Administration move forward on its rulemaking on “Prohibit or Restrict the Operation of an Unmanned Aircraft in Close Proximity to a Fixed Site Facility” (RIN 2120-AL33) which was listed on the ‘Long-Term Actions’ list for the Fall 2021 Unified Agenda. That rulemaking was mandated by Congress in §2209 of the FAA Extension, Safety, and Security Act of 2016 (PL 114-190). That law required DOT to establish, by January 11^th, 2017, “establish a process to allow applicants to petition the Administrator of the Federal Aviation Administration to prohibit or restrict the operation of an unmanned aircraft in close proximity to a fixed site facility.” {§2209(a)}

Committee Hearings – Week of 3-27-22

This week with both the House and Senate in session, there is a nearly normal hearing schedule. The FY 2023 spending process starts with the presentation of the President’s budget. There will be one markup hearing that includes cybersecurity legislation. There will also be two hearings of interest here, one on critical infrastructure cybersecurity and one on DHS counter-drone operations.

FY 2023 Budget Hearings

• Tuesday – House Budget Committee

• Wednesday – Senate Budget Committee

Cybersecurity Markup

On Wednesday, the Senate Homeland Security and Governmental Affairs Committee will hold a business meeting. In addition to eight nominations to consider, the Committee will take up eleven postal naming bills and eleven ‘normal’ pieces of legislation. One of the later is S 3511, the Satellite Cybersecurity Act. Do not expect much discussion, whatever issues exist in this Committee are normally dealt with behind closed doors, but amendments are possible.

Cyber Threat Hearing

On Wednesday, The House Homeland Security Committee will hold a hearing on “Mobilizing Our Cyber Defenses: Securing Critical Infrastructure Against Russian Cyber Threats”. The witness list includes:

• Adam Meyers, Crowdstrike,

• Mr. Steve Silberstein, CEO, Financial Services-ISAC 

• Kevin Morley, American Water Works Association

It will be interesting to here the private sector point of view on this topic after all of the warnings from various Federal agencies over the last couple of weeks.

Counter-Drone Operations

On Thursday, there will be a joint hearing of two Subcommittees of the House Homeland Security Committee looking at “Assessing the Department of Homeland Security's Efforts to Counter Unmanned Aircraft Systems”. The witness list includes:

• Samantha Vinograd, Office of Strategy, Policy, and Plans,

• Rear Admiral Scott W. Clendenin, USCG,

• Austin Gould, TSA,

• Dennis J. Michelini, U.S. Customs and Border Protection

The last witness was added by the Republicans. They will be using Michelini’s testimony to attack the President’s ‘lack of action on the Southern Border’. Just a reminder, DHS has very limited authority to conduct counter-drone operations.

On the Floor

The major bill in the House this week will be HR 3617, the Marijuana Opportunity Reinvestment and Expungement (MORE) Act. It will come to the floor later in the week, so the House will have time to consider a total of 17 bills under their suspension of the rules process. Those bills include:

S 2629 – the Better Cybercrime Metrics Act, and

HR 6865 – the Don Young Coast Guard Authorization Act of 2022,

The Senate is scheduled to finish up action on HR 4521 this evening. While many things could happen to delay the final vote, I suspect that the Senate will adopt the substitute language this evening. Then the conference process will begin to iron out the major differences in the two bills. The final bill will be larger than either of the two alternatives and will almost certainly contain both sets of cybersecurity provisions.

Committee Hearings – Week of 06-03-18

This week with both the House and Senate back from their extended Memorial Day Weekend spending bills will be the major topic on the Hill. There will also be two other hearings of potential interest to readers of this blog. The first will be a committee markup of a number of homeland security related bills. The second will be a hearing dealing with drone defense and S 2836.

Spending Bills

In addition to the Rules Committee hearings and floor consideration of HR 5895 that I mentioned in an earlier post, there will be some additional spending bills marked up this week:

• Tuesday – Senate – Subcommittee - Transportation, Housing and Urban Development (THUD), and Related Agencies;

• Tuesday – Senate – Subcommittee - Military Construction, Veterans Affairs, and Related Agencies;

• Wednesday – House – Committee - Interior, Environment, and Related Agencies;

• Thursday – House – Subcommittee – DOD;

• Thursday – Senate- Committee – THUD;

Markup Hearing

On Wednesday the House Homeland Security Committee will be holding a markup hearing to look at 10 bills. Of those, three may be of specific interest to readers of this blog:

• HR 5733, the DHS Industrial Control Systems Capabilities Enhancement Act of 2018;

• HR 5729, the Transportation Worker Identification Credential Accountability Act of 2018; and

• HRes 898 Directing the Secretary of Homeland Security to transmit certain documents to the House of Representatives relating to Department of Homeland Security policies and activities relating to homeland security information produced and disseminated regarding cybersecurity threats posed by the ZTE Corporation, headquartered in Shenzhen, China.

The resolution is effectively a subpoena to be issued by Congress. It was introduced by Rep. Thompson (D,MS). It is a straightforward listing of the types of documents that Thompson expects to be provided by DHS without any of the politically loaded ‘Congressional findings’ that frequently accompany such documents. Practically speaking, since Thompson is the Ranking Member of the Committee, he should be influential enough in his own right to have this resolution considered by the Committee, but I suspect that there will be at least some bipartisan support for the resolution.

Drone Defense

On Wednesday the Senate Homeland Security and Governmental Affairs Committee will hold an informational hearing on S 2836 and Countering Malicious Drones. The witness list includes:

• David J. Glawe, Department of Homeland Security;

• Hayley Chang, Department of Homeland Security;

• Scott Brunner, Federal Bureau of Investigation; and

• Angela H. Stubblefield, Federal Aviation Administration

This hearing will be focused on policy and the legal aspects of counter-drone operations. I suspect that the witnesses will be generally supportive of S 2836, but it will be informative looking at how down into the weeds they get into the legal aspects.

I am glad to see Chairman Johnson holding this type of hearing before moving to a markup of his bill. I think that it would also be helpful if the Committee held a hearing looking at the types of technology currently available to conduct counter-drone operations.