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2023 Counter Unmanned Aircraft Systems (C-UAS) Legislative Proposal

September 04, 2023 3:21 PM | Anonymous

Reposted from CISA

Over the last decade, unmanned aircraft systems (UAS or “drones”) have become a regular feature of American life.  We use them for recreation, research, and commerce, and we look forward to realizing the benefits of future drone innovation.  But the proliferation of this new technology has also introduced new risks to public safety, privacy, and homeland security.  Malicious actors increasingly use UAS domestically to commit and enable crimes, conduct illegal surveillance and industrial espionage, and thwart law enforcement efforts at the local, state and Federal level.

To meet this evolving threat, the Biden Administration has released the attached 2023 updates to its counter-UAS legislative proposal from last year.  This comprehensive proposal strengthens existing authorities to address the current and future threat while protecting the airspace, the communications spectrum, and the privacy, civil rights, and civil liberties of the American people.  Teams of security professionals from the Departments of Homeland Security, Justice, Defense, Energy, and State, as well as the Intelligence Community and regulatory professionals from the Federal Aviation Administration, Federal Communications Commission, and National Telecommunications and Information Administration, collaborated on this proposal.  Through this proposal and the Administration’s Domestic Counter-Unmanned Aircraft Systems National Action Plan, we are working to expand where we can protect against nefarious UAS activity, who is authorized to take action, and how it can be accomplished lawfully.  We seek measured expansions of authority while safeguarding the airspace, communications spectrums, individual privacy, civil rights, and civil liberties.  To promote all of these ends, we urge Congress to adopt legislation to close critical gaps in existing law and policy that currently impede government and law enforcement from protecting the American people and our vital security interests.

With respect to the authorities requested for the Department of Homeland Security and Department of Justice, the Administration’s 2023 Legislative Proposal is nearly identical in substance to S. 1631, championed by Senators Peters, Johnson, Sinema, and Hoeven.  Both call for a measured expansion of Department of Homeland Security and Department of Justice counter-UAS authorities.  Built into the architecture of both are critical First and Fourth Amendment protections designed to harness the good applications of drones while guarding against misuse.

We fully support S. 1631 and applaud the leadership of its sponsors.  However, the Administration’s comprehensive legislative proposal highlights additional counter-UAS needs across other federal departments and agencies.  Please let us know if you have any questions or feedback on the proposal, and thank you for your continued support.

CISA will coordinate updates on the national plan and legislative proposal at future partnership engagements to allow for direct discussions. In the interim, if you have any questions, please reach out to the CISA sUAS Security Branch at sUASsecurity@cisa.dhs.gov.


  
 

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