Airport Alert: House T&I Committee Advances Counter-UAS Legislation
House Transportation and Infrastructure Committee Advances Counter-UAS Legislation
September 18, 2024
Today, the House Transportation and Infrastructure (T&I) Committee held a markup and favorably advanced by voice vote H.R. 8610, the Counter-UAS Authority Security, Safety, and Reauthorization Act. This bipartisan bill provides a broad framework to reauthorize and expand the use of counter-unmanned aircraft systems (C-UAS) detection and mitigation systems to protect airports and other critical infrastructure from nefarious and unauthorized drone threats throughout the National Airspace System. The existing C-UAS authorities for the federal government, which were established in 2018, are set to expire on October 1 without a temporary extension or more permanent framework enacted into law. Favorable passage of this bill is a first step in advancing critical legislation to counter the growing threats from UAS.
In terms of impacts on airports, the bill would (a) provide authority to the Federal Aviation Administration (FAA) and the Department of Homeland Security (DHS) to use a mitigation system to protect any airport against a persistent drone threat, (b) require FAA to deploy UAS detection systems at large hub, medium hub, and certain cargo airports within a specific timeframe and under certain conditions, and (c) provide DHS with the authority to deploy UAS mitigation systems at up to 5 airports through a pilot program. Any C-UAS system deployed by FAA or DHS at an airport would have to meet performance standards established by FAA. In addition, FAA would have to coordinate with airports and other stakeholders before deployment of any system to ensure the proper roles and responsibilities are established.
During the markup today, Chair Sam Graves (R-MO) offered a manager’s amendment drafted with support from other committees of jurisdiction that made several changes to the original bill. In a win for airports, the amendment included AAAE-backed language prohibiting the federal government from requiring airports to procure or use C-UAS systems on behalf of the federal government. The amendment also allows airports to use existing C-UAS detection systems previously acquired if the system meets FAA’s performance standards; tightens FAA’s timeline to develop such standards; and extends the bill’s authorizations through fiscal year 2029 (rather than 2028 as originally proposed). This amendment was adopted by voice vote.
Rep. Brandon Williams (R-NY) offered and withdrew three amendments to create pilot programs for local law enforcement and airports to use drones around airport airspace and to better coordinate these UAS activities. Both Committee Chair Sam Graves (R-MO) and Ranking Member Rick Larsen (D-WA) opposed these amendments, explaining that they would undermine a carefully negotiated agreement with the other committees of jurisdiction, and would establish an overly broad process, including mitigation authorities, that may disrupt the national airspace.
This bipartisan legislation, originally introduced in June, was drafted by three House Committees—Transportation and Infrastructure, Homeland Security, and Judiciary.
Related C-UAS Legislation: In 2023, key Senators on the Senate Homeland Security and Government Affairs Committee (HSGAC) introduced S. 1631, the Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act, to ensure the federal government and others are better prepared to counter threats posed by unmanned aircraft systems. S. 1631 has not been considered by HSGAC or the full Senate to date.
With the advancement of H.R. 8610, the House “Committee members can begin substantive discussions with the Senate to develop a substantive, bipartisan counter-UAS bill” according to Rep. Val Hoyle (D-OR).
Other Highlights: In addition to H.R. 8610, the T&I Committee also approved H.R. 9135, the Ensuring Airline Resiliency to Reduce Delays and Cancellations Act, which directs the Secretary of Transportation to require air carriers to create, submit to DOT, and regularly update operational resiliency strategies. These strategies must address how carriers will manage severe weather, cybersecurity risks, and other disruptions, including impacts on staffing and technology systems. The Secretary is tasked with safeguarding proprietary information in these strategies.
Bill text, amendments, and discussion on the lengthy list of bills considered today can be found on the T&I website. Discussion on C-UAS legislation was toward the end of the markup.
