Airport Alert: U.S. Government Releases Domestic Counter-UAS National Action Plan

The White House released a Domestic Counter-UAS National Action Plan on April 25, with accompanying proposed legislative text, that recommends actions to close gaps in existing policy and law that inhibit departments, agencies and others from defending against growing UAS threats in the U.S. The National Action Plan is for official use only and cannot be distributed publicly. AAAE has been authorized to share a copy with our airport members as regulated entities; please contact us if you are interested in a copy.

The National Action Plan and proposed legislative text contains eight recommendations and 13 specific changes or expansions to existing UAS detection and C-UAS mitigation authorities. Following are highlights of the report's recommendations that most directly impact airport operators:

Specific statutes provide DOD, DOJ and DHS the legal exemptions from other Federal laws to enable them to conduct UAS detection and C-UAS mitigation activities in the U.S. These laws are set to expire in the near future; for example, the Preventing Emerging Threats Act of 2018, which provided C-UAS authority to DOJ and DHS, expires on October 5, 2022. The report recommends that Congress extend the exemption provisions indefinitely.

To provide for the proactive protection of critical transportation facilities and assets, the report recommends that the DHS Secretary be able to designate high-risk facilities and assets related to TSA's transportation security mission, including airports, air navigation facilities, bus terminals and rail stations, to allow for the proactive deployment of UAS detection and C-UAS mitigation equipment.

The report also recommends expanding permission for other entities, including airport operators and state and local law enforcement agencies, to conduct UAS-detection only activities. 'Detection only' activities are identified as the detection, identification, monitoring and tracking of UAS and ground control systems. UAS detection excludes activities that would be categorized as 'mitigation' using a C-UAS system. Equipment authorized for UAS detection would be limited to an approved list of technologies maintained by DHS, which is another recommendation included in the report.

Recognizing the resource limitations of federal agencies to protect critical infrastructure across the country, the report proposes a limited pilot program for state and local law enforcement agencies to conduct C-UAS mitigation activities. The report also recommends that the federal government create a process to allow critical infrastructure owners and operators to voluntarily purchase C-UAS mitigation equipment for use by an authorized Federal entity or state and local law enforcement agency.

The report addresses the challenges associated with the lack of adequate criminal provisions and penalties to deter nefarious UAS activity by recommending a comprehensive federal criminal statute regulating UAS activity to better deter malicious and unlawful use of drones.

Other recommendations not directly related to airport operators include establishing a national UAS incident tracking database, creating a National C-UAS Training Center, and enabling continued government C-UAS research, development, testing and evaluation coordination.

AAAE is working with the Administration to better understand some of the proposed recommendations and their potential impact on airport operators. We will also be working with the Congressional committees of jurisdiction to further highlight areas of concern and opportunity for airport operators. We will keep you updated as discussions continue.