H.R.1386 - To establish a Department of State Domestic Protection Mission relating to unmanned aircraft system and unmanned aircraft. (119th Congress)
Summary
H.R.1386 proposes establishing a Department of State Domestic Protection Mission related to unmanned aircraft systems (UAS) and unmanned aircraft (UA). It grants the Secretary of State authority to take actions to mitigate credible threats posed by UAS/UA to the safety or security of covered facilities or assets. These actions include detection, identification, monitoring, tracking, disruption of control, seizure, and even destruction of UAS/UA.
Expected Effects
This bill, if enacted, would allow the Department of State to actively counter perceived threats from drones within the US. It also outlines coordination requirements with other federal agencies, privacy protections, and congressional oversight. The authority granted would terminate after seven years.
Potential Benefits
- Enhanced security for Department of State facilities and personnel within the US.
- Potential for improved coordination between federal agencies regarding UAS/UA threats.
- Specific privacy protections included to safeguard communications to/from UAS.
- Congressional oversight through required briefings.
- Addresses potential vulnerabilities related to UAS/UA technology.
Most Benefited Areas:
Potential Disadvantages
- Potential for mission creep and expansion of surveillance activities.
- Risk of infringing on individual privacy rights despite stated protections.
- Possible negative impacts on lawful UAS operators and integration into the national airspace.
- Concerns about the use of force to disable or destroy UAS/UA.
- Potential for overreach by the Department of State into domestic law enforcement matters.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutional alignment is complex. It raises concerns under the Fourth Amendment regarding unreasonable searches and seizures, as it allows for the interception of communications without prior consent. The First Amendment could also be implicated if the UAS activity involves protected speech or assembly. However, the bill attempts to address these concerns through privacy protections and coordination requirements. The enumerated powers doctrine is relevant, as the bill must be justified under a power granted to the federal government, such as national security or foreign affairs.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).