HR 4333 Introduced – DOJ-DHS cUAS Authority

Back in June, Rep Houlahan (D,PA) introduced HR 4333, the Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act of 2023. . The bill would replace 6 USC 124n, Protection of Certain Facilities and Assets from Unmanned Aircraft, with a new version that extends and expands the authority given to DHS and DOJ to conduct limited counter UAS operations. No funding authorization is provided in the bill.

This is a companion bill (nearly identical language) to S 1631 [removed from paywall]. No action has been taken in the Senate on that bill.

The current authority for counter-UAS activities by DHS and DOJ, codified at §124n, will terminate on September 20^th, 2023 (see §124n Note). It was originally set to terminate on October 25^th, 2022, but that was changed in the massive 2023 Consolidated Appropriations Act (Pub. L. 117–328, Div. F, title V, §547) on December 29^th, 2022.

Moving Forward

While Houlahan is not a member of the House Judiciary Committee to which this bill was assigned for primary consideration, one of her four co-sponsors {Rep Johnson (R,LA)} is a member of the Committee. This means that there may be sufficient influence to see the bill considered in Committee. There will be some level of bipartisan support for this bill, but whether it will be enough to pass in Committee remains to be seen. I expect some level of opposition from conservative Republicans to an expansion of the government’s authority to take physical action against possibly lawful activities of citizens without obtaining a court order. Similarly, liberal Democrats might be expected to object to allowing the government to take action against environmental activists (for example) who would use UAS to monitor corporate pollution.

Bills Introduced – 5-16-23

Yesterday, with both the House and Senate in session, there were 70 bills introduced. Of those bills, three may receive additional attention in this blog:

HR 3356 To amend title 49, United States Code, with respect to employment screening for the motor carrier industry, and for other purposes. Graves, Garret [Rep.-R-LA-6] 

HR 3369 To direct the Assistant Secretary of Commerce for Communications and Information to conduct a study and hold public meetings with respect to artificial intelligence systems, and for other purposes. Harder, Josh [Rep.-D-CA-9] 

S 1631 A bill to enhance the authority granted to the Department of Homeland Security and Department of Justice with respect to unmanned aircraft systems and unmanned aircraft, and for other purposes. Peters, Gary C. [Sen.-D-MI]

I will be covering S 1631.

I will be watching HR 3356 for language and definitions that might expand the terrorist vetting requirements currently in place for Hazardous Materials Endorsements for Commercial Drivers Licenses. I really do not think that that is what this bill is about.

I will be watching HR 3369 for language and definitions that specifically include the us of AI in control systems or medical devices within the scope of the legislation.

Comment in Passing

There were two bills introduced yesterday (HR 3359 and S 1619) that would require the Secretary of Defense to develop a strategy to counter fentanyl trafficking in the United States, and for other purposes. I understand the Republican fascination with fentanyl and even share some of their concerns, but this is a law enforcement issue within the United States, a State Department issue outside, and a DHS issue at the border. Trying to engage the DOD in counter-drug operations has been and will continue to be an improper use of their particular skills and equipment, particularly within the boundaries of this country.

Bills Introduced – 07-25-17

Yesterday with both the House and Senate in session, there were 34 bills introduced. Of those, two may be of specific interest to readers of this blog:

HR 3393 To increase cybersecurity education and job growth, and for other purposes. Rep. Lieu, Ted [D-CA-33]

S 1631 A bill to authorize the Department of State for Fiscal Year 2018, and for other purposes. Sen. Corker, Bob [R-TN]

HR 3393 will only receive additional coverage here if the definitions used in the bill are inclusive of control system security education programs.

 I will be watching (but not holding my breath) S 1631 to see if it includes any cybersecurity provisions.