H.R. 302 (P.L. 115-254), The FAA Reauthorization Act of 2018, was signed into law on October 5, 2018.
The 2018 Act is a wide-ranging reauthorization measure that provided the Federal Aviation Administration with a host of crucial new authorities and responsibilities on an extensive range of aviation issues, including enhancing safety, improving infrastructure, and enabling innovation. The Act also extended the FAA’s funding and authorities through Fiscal Year 2023.
Section 383 of the 2018 Act outlines the FAA’s responsibility regarding “Airport safety and airspace hazard mitigation and enforcement.” This section essentially requires the FAA to ensure that technologies or systems developed to detect and mitigate potential risks by errant or hostile unmanned aircraft systems, “do not adversely impact or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system.”
Section 383 is on page 137 of the attached FAA Reauthorization Act of 2018.
Preventing Emerging Threats Act of 2018
The FAA Reauthorization Act also included Division H, also known as the “Preventing Emerging Threats Act of 2018.” This portion of the FAA Reauthorization Act authorizes the Department of Justice and Department of Homeland Security to engage in Counter-UAS activities that would otherwise violate relevant provisions of federal law. This is often referred to in the industry as “124n Authority.”
Division H- Preventing Emerging Threats, also known as the “Preventing Emerging Threats Act of 2018” is located on page 338 of the attached document.
Publication Date- October 5, 2018
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Advisory on the Application of Federal Laws to the Acquisition and Use of Technology to Detect and Mitigate Unmanned Aircraft Systems
Title 6 U.S. Code Section 124n- Departments of Justice and Homeland Security
Title 50 U.S. Code Section 2661- Department of Energy
Title 49 U.S. Code Section 44810g- Federal Aviation Administration