nuclear-news

Two provisions contained in the 2017 National Defense Authorization Act would extend broad new authorities to the agencies to stop unmanned aerial vehicles deemed a threat to their facilities dedicated to nuclear power and weaponry. The authorities would dovetail with DoE and DoD’s early efforts to develop technology that would discern small drones from birds and take them out.

That is a very aggressive approach, and one we have yet to see in federal regulations,” energy and infrastructure attorney Roland Backhaus, with the firm Pillsbury Winthrop Shaw Pittman, said of the bill.

While the US Federal Aviation Administration has yet to report any serious incident involving a drone at a nuclear facility, fears and speculation have been fueled by a commercial quadcopter’s crash landing on the White House lawn last year, and a Massachusetts man’s guilty plea in 2012 to plotting attacks on the Pentagon and US Capitol building with an explosive-laden model plane.

Drones reportedly buzzed nuclear facilities around France 32 times over two months in 2014, according to a report commissioned by Greenpeace, sparking concern the country’s nuclear reactors are unsafe from aerial assaults and jangling nerves in other nations about the potential threat.

Unmanned aerial systems (UAS) small enough to elude radar could be used “by criminals and terrorists” to attack or spy on “critical government and industrial facilities,” according to a Jan. 27 Congressional Research Service report. “Somewhat larger UAS could be used to carry out terrorist attacks by serving as platforms to deliver explosives or chemical, biological, radiological, or nuclear weapons,” said the report, by aviation policy specialist Bart Elias.

Taking no chances given the devastation that could be wrought at such a facility, House Armed Services Committee (HASC) strategic forces subcommittee chairman Mike Rogers, R-Ala., included the two counterdrone provisions in the 2017 NDAA, which the HASC approved April 28.

“The bottom line is the members are tracking the increased prevalence and sophistication of unmanned aerial systems around the country, and they understand the threat these can pose to certain defense facilities,” said a congressional staffer.

DoE has 10 active sites across the country that handle the US arsenal of nuclear weapons and material, while DoD controls nuclear missile fields, silos, underground storage and maintenance, as well as nuclear reactors for training and research.

The massive defense policy bill has several hurdles before it becomes law. The language would have to survive a vote on the House floor and reconciliation with the Senate bill due later this month. The reconciled bill will face a vote in both houses of Congress and must be signed by the president.

Under the bill’s mandate for DoD, the defense secretary would develop a means to disrupt, seize, confiscate, control, disable or destroy drones deemed a threat to facilities related to nuclear deterrence, missile defense or the national security space mission.

For DoE, personnel and contractors who think a drone presents “a threat to people, property, or classified information” at a facility that stores or uses special nuclear material would be allowed to “mitigate the threat from, disable, interdict, interfere with” its operation. It varies by DoE facility, but most are operated by private contractors, and physical security is generally provided by third-party companies.

Lawmakers don’t mean to encourage the shooting down of drones, and while the bill permits DoE to do it, its language discourages the use of force in favor of “appropriate escalation,” saying “non-kinetic responses should be utilized when feasible to mitigate a threat.”

An FAA spokesman declined to comment on the pending legislation, but had this to say:

“Generally, shooting at any aircraft — including unmanned aircraft — poses a significant safety hazard. An unmanned aircraft hit by gunfire could crash, causing damage to persons or property on the ground, or it could collide with other objects in the air.”

The legislation comes as federal agencies have been waiting for the FAA to carve out security-based rules for drones, a step mandated by law in 2013. In the meantime, an FAA notice strongly advises pilots of airplanes and drones to avoid — and not “circle or loiter” in — the airspace of critical infrastructure, such as power plants, military bases and prisons.