HOUSE REPUBLICANS WARN DHS, TSA NOT TO DEPLOY COUNTER-UAS TECHNOLOGY NEAR AIRPORTS

December 18, 2019

On November 14, 2019, Representative Sam Graves (R-MO) and Representative Mike Rogers (R-AL), Ranking Members of the House’s Transportation and Homeland Security Committees, respectively, published a letter to DHS cautioning the agency against improper deployment of unmanned aircraft system (UAS) countermeasure technologies near commercial airports.  Both FAA and TSA are studying whether to equip TSA’s Federal Air Marshal Service with counter-UAS (C-UAS) systems to protect airports from errant or threatening drones.  Reps. Graves and Rogers stated, “We believe this concept of operations is wholly inconsistent with, and contrary to the legislative intent of, the limited C-UAS authority provided by Congress to DHS.”

Congress included several sections in the 2018 FAA Reauthorization Act related to safe integration of commercial UAS technology into the U.S. airspace system.  One such provision allows the U.S. government to deploy C-UAS systems to protect certain types of sensitive facilities.  However, Reps. Graves and Rogers do not believe this authority allows TSA to operate C-UAS systems around airports.  They expressed concern that such deployment could be hazardous given TSA’s lack of experience with such technology, but said they welcomed discussion about whether DHS needs additional authority to protect airports and the U.S. airspace system.

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665).

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Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

See full bio