HR 5061 Introduced – cUAS Authority

Back in August Rep Garbarino (R,NY) introduced HR 5061, the Counter-UAS Authority Security, Safety, and Reauthorization Act. This bill is a comprehensive attempt to address issues related to counter Unmanned Aircraft Systems (cUAS) activities. It includes amendments to, and an extension of, the cUAS authorities granted to DHS and DOJ under 6 USC 124n. No new spending is authorized.

HR 5061 is similar to HR 8610, the Counter-UAS Authority Security, Safety, and Reauthorization Act, that was introduced by Rep Green (R,TN) in June of 2024. The House Transportation and Infrastructure Committee held a business meeting on September 18^th, 2024 where HR 8610 was considered. The bill was amended and ordered reported favorably. The Committee’s Report was published on September 20^th, 2024. No further action was taken in the House.

Definitions

Section 2 of the bill provides definitions for five key terms used in the bill. Subsection (a) adopts existing definitions from 49 USC 44801. While the five definitions in subsection (b) are similar to some of those in §124n(k), this bills definitions are much less detailed and are thus generally more expansive. The exception is the definition of the term ‘covered site’, this is significantly different from the term ‘covered facility’. The new term specifically includes critical infrastructure and, separately, oil refineries and chemical facilities.

Paragraph (7) of §3 modifies the definition of the term ‘appropriate congressional committees’ in §124n(k) by removing ‘the Committee on Energy and Commerce’ from the list of committees in the House.

Section 124n Changes

Section 3 amends and extends the termination date for §124n to October 1^st, 2030. Among the amendments this section replaces the current subsection (b) paragraphs (2) through (4), greatly expanding the requirements for:

• Coordination,

• Research, testing, training, and evaluation, and

• List of authorized equipment and technologies.

A key component of the extended paragraphs is a repetitive requirement to coordinate authorized actions with the DOT’s Federal Aviation Administration (FAA). Similar language is included in other changes being made to §124n.

FAA Activities

Section 4 rewrites 49 USC 44810, Airport safety and airspace hazard mitigation and enforcement, including replacing the title with ‘Counter-UAS activities’, a more appropriate title, even for the existing language. A sunset provision is included, and it coordinates with the new §124n termination date of October 1^st ,2030. The revised section includes the following new subsections:

• Authority,

• Applicability of other laws,

• Office of Counter-UAS Activities,

• Interagency coordination,

• Counter-UAS detection and mitigation system performance requirements,

• Counter-UAS system testing, evaluation, and validation,

• Voluntary verified operator program,

• Limitations on operation of counter-UAS systems manufactured by certain foreign enterprises,

• Briefings, and

• Definitions.

Covered Entities cUAS Activities

Section 5 would allow DHS to authorize the acquisition, deployment, and operation of approved counter-UAS detection systems, equipment or technology intended to be used for the detection of unmanned aircraft systems by a covered entity. Essentially this section extends the cUAS detection authority found in §124n to private sector entities. This section would also terminate on October 1^st, 2025. This section includes the following subsections:

• Required application,

• Agreements,

• Revocation,

• Coordination,

• Applicability of other laws,

• Previously acquired counter-UAS systems, and

• Audits.

Interestingly, while §5(b)(2)(C) requires an applicant to have a written agreement with a law enforcement agency to operate the cUAS detection system for the covered entity, a provision to waive that requirement is included at (3), providing that the covered entity has the expertise and ability to safely and lawfully operate an approved counter-UAS detection system, equipment, or technology.

Nothing in §5 would authorize cUAS actions to be taken to intercept or interfere with the operation of a UAS near or over the covered facility.

Law Enforcement cUAS Pilot

Section 6 would require DHS to establish a pilot program to assess the efficacy of approved counter-UAS mitigation systems at covered sites and covered events and determine the appropriate policies, procedures, and protocols necessary to allow State and covered local law enforcement to acquire, deploy, and operate approved counter-UAS mitigation systems and mitigate unauthorized UAS operations on behalf of covered entities. The pilot program would be coordinated with DOJ and the FAA. The important part of the subsection (a) requirement is that it specifically includes authorizing the participating the law enforcement agencies to mitigate unauthorized UAS operations on behalf of covered entities. The authority to conduct the pilot program would terminate on October 1^st, 2030.

The additional subsections include:

• Required application,

• Agreements,

• Required coordination and notification,

• Revocation,

• Coordination,

• Evaluation,

• Selection criteria,

• Required briefing, and

• Special program for covered multinational sporting events,

It is important to note that the FAA would be required to make a site-specific determination for each covered site or covered event that the cUAS activity would not adversely impact the safe operation of the national airspace system, including any airport that is located near the covered site or covered event. Any adverse impact determination would result in the denial of eligibility for participation in the pilot program.

cUAS System Planning and Deployment At Airports

Section 7 would require the FAA to develop a plan for operations at covered airports of counter-UAS detection and mitigation systems, equipment, or technology. In addition to the strategic plan required in subsection (a), the section requires that the FAA provide for:

• Deployment of cUAS detection systems at airports, and

• Pilot program for deployment of cUAS mitigation at airports.

Subsection (d) outlines the site-specific planning requirements for those deployment requirements. Subsection (e) prohibits the FAA from requiring an airport operator to procure, acquire, deploy, or operate an approved counter-UAS detection system, equipment, or technology, or approved counter-UAS mitigation system, equipment, or technology for or on behalf of the Federal agency. And subsection (f) provides a requirement for developing a grandfathering process for previously acquired cUAS technology.

Abuse of cUAS Technology

Section 8 would add a new §44815, Unmanned aircraft system detection and mitigation enforcement, to 49 USC. It would carelessly or recklessly operate a system, equipment, or technology to detect, identify, monitor, track, or mitigate an unmanned aircraft system or unmanned aircraft in a manner that adversely impacts or interferes with safe airport operations, navigation, or air traffic services, or the safe and efficient operation of the national airspace system.

It further amends 49 USC 46301 adding a new paragraph (d)(9) that would set the penalty at $25,000 per violation per day, specifically “including an individual or small business concern” (rather than the typical $1,100 set for individuals or small businesses). It does, however, exclude federal entities (including contractors) from the definition of ‘persons’ in §44815.

Moving Forward

On September 3^rd, 2025, the House Transportation and Infrastructure Committee held a business meeting, where HR 5061 was considered. The Committee approved substitute language by a vote of 60 to 0 and ordered the bill reported favorably as amended. When the Committee’s report is published, the bill will be cleared for consideration by the full House (if the chairs of the two other committees assigned for consideration, Judiciary and Homeland Security, sign off on the consideration). I suspect that the bill would be considered under the House suspension of the rules process, where it would likely pass with strong bipartisan support.