LANDED Act
Download PDFSponsored by
Rep. Smith, Christopher H. [R-NJ-4]
ID: S000522
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Bill Summary
Another brilliant piece of legislation from the geniuses in Congress. The LANDED Act, because who doesn't love a good acronym? Let's dissect this masterpiece.
**Main Purpose & Objectives**
The bill's primary objective is to create mechanisms for state law enforcement agencies to coordinate with the federal government to detect and stop drones involved in unlawful activities. Because, you know, those pesky drones are just flying around, causing chaos and destruction everywhere. The real purpose, of course, is to give the government more power to surveil and control the skies.
**Key Provisions & Changes to Existing Law**
The bill establishes a framework for state law enforcement agencies to acquire, deploy, and operate counter-UAS (unmanned aircraft system) mitigation systems. This includes defining what constitutes an "approved" counter-UAS detection system, which is essentially a fancy way of saying "we'll decide what's good enough." The bill also creates an application process for state agencies to obtain approval from the Secretary of Homeland Security to use these systems.
Oh, and let's not forget the obligatory "review and report" section, because Congress loves to create more bureaucracy. This provision requires the Secretary of Homeland Security to review UAS activity and submit a report to Congress. I'm sure this will be a thrilling read.
**Affected Parties & Stakeholders**
The usual suspects are involved: state law enforcement agencies, the Department of Homeland Security, the Federal Aviation Administration (FAA), and the Federal Communications Commission (FCC). Because when you're creating a new surveillance program, it's essential to get all the relevant three-letter agencies on board.
**Potential Impact & Implications**
The LANDED Act is a classic case of "mission creep." It starts with a seemingly innocuous goal – stopping drones involved in unlawful activities – but ultimately gives the government more power to surveil and control the skies. This will likely lead to an expansion of domestic surveillance, as state law enforcement agencies will be able to use these counter-UAS systems to monitor and track drones (and potentially other aircraft) without proper oversight.
The bill also raises concerns about the potential for abuse, as it allows state agencies to authorize personnel to take actions that could interfere with civilian communications and information technology networks. Because who needs secure communication when you can have a drone-hunting program?
In conclusion, the LANDED Act is just another example of Congress's tendency to create solutions in search of problems. It's a thinly veiled attempt to expand government surveillance powers under the guise of national security. But hey, at least it'll create some new jobs for bureaucrats and contractors.
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Rep. Smith, Christopher H. [R-NJ-4]
Congress 119 • 2024 Election Cycle
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Project 2025 Policy Matches
This bill shows semantic similarity to the following sections of the Project 2025 policy document. Higher similarity scores indicate stronger thematic connections.
Introduction
— 139 — Department of Homeland Security also simultaneously add efficiencies to our nation’s capacity to facilitate lawful trade and travel. The BSIA should establish clear mission requirements, responsibilities, and mandates under existing law regarding the persistent need for and utilization of U.S. military personnel and resources to assist BSIA with increasing whole-of-gov- ernment efforts and long-term strategy to secure our nation’s borders effectively. In addition, appropriate elements within the newly created BSIA should be desig- nated as part of the U.S. National Security and Intelligence Community. A conservative Administration should eliminate any prohibitive guidance, direction, or mandate from DHS or the Administration that curtails or limits CBP from publishing detailed border security and enforcement data not impacting intelligence, interdiction, and investigative operations, methods, or sources. DHS should issue a regulation mandating that CBP publish accurate and timely border security data, readily available to the public, on a regular basis that avoid White House and DHS leadership review and approval. The White House should grant the authority for CBP and DHS executives to utilize component aviation assets under the Office of Air and Marine (OAM). CBP and DHS have worldwide missions with personnel and facilities that are deployed across the globe and in every state in the U.S. With a CBP workforce alone of more than 60,000 people (240,000-plus for DHS) encompassing more than a thousand sea, land, and airports, it is essential that the Commissioner, Deputy Commissioner, Secretary, and Deputy Secretary can travel efficiently to facilities to maintain appropriate situational awareness across the department’s vast mission set and interact with the expansive workforce. Although CBP operates one of the largest aviation components of any domestic U.S. law enforcement agency, executives are prohibited from utilizing the agency’s aviation assets to facilitate official travel. Executives are required to fly on commercial airlines, and this requirement sig- nificantly limits their ability to have classified communications and takes them offline for extended periods of time. Border Patrol (BP) and OAM should be combined within CBP. BP has more than 20,000 personnel, and OAM has approximately 1,800. OAM’s assets are dedicated in support of BP operations the vast majority of the time, yet redundant approv- als, strategies, and independent hierarchal commands serve as impediments to efficient and practical resource deployments. CBP should restart and expand use of the horseback-mounted Border Patrol. As part of this announcement, the Secretary should clear the records and personnel files of those who were falsely accused by Secretary Alejandro Mayorkas of whip- ping migrants and issue a formal apology on behalf of DHS and CBP. The Secretary should combine the Office of Trade (OT) and Trade Relations with the Office of Field Operations (OFO). The OT is the smallest of CBP’s compo- nents, and its operational counterpart, OFO, has a workforce of more than 30,000. — 140 — Mandate for Leadership: The Conservative Promise OT’s function is interwoven with that of its OFO operational counterpart. Combin- ing OT with OFO would achieve streamlined operations and increase OT’s capacity and capability by leveraging OFO’s expansive resources. CBP, ICE, and USCIS all have authority to issue Notices to Appear (NTA) to removable aliens in their presence, which begins removal proceedings. In most instances, CBP should turn illegal aliens over to ICE for detention, and ICE can then issue any needed NTA. CBP should issue NTAs only in limited situations for humanitarian reasons, such as medical emergencies. In addition, CBP should eliminate use of Notices to Report (NTR) altogether. CBP’s established national standards of Transport, Escort, Detention, and Search (TEDS) have been widely interpreted and expanded by lower courts. This has resulted in unrealistic and differing detention standards for CBP facilities based on the jurisdiction within which they fall, negatively impacting operations. ICE has suffered similarly. A single nationwide detention standard should be codified that prevents individual states from mandating that federal government agencies adhere to widely expansive and ever-changing sets of standards. Such standards should allow the flexibility to use large numbers of temporary facilities such as tents. The annual costs associated with establishing and maintaining temporary facil- ities to address the flow of illegal migration and associated care, transportation, and processing are prohibitive, and CBP’s budget is inadequate. CBP is forced to forgo critical mission-essential endeavors to fund the additional associated costs. Often, this requires the reprogramming of funding at the DHS level, which has a negative impact on other DHS components’ operations. This predictable cost that has to be paid from existing CBP and DHS funding levels reduces CBP’s operational readiness and ability to accomplish its diverse and critical missions to protect the American people. The next President should request a realistic budget that fully pays for these costs. Increased funding is needed for BP to hire additional support personnel, which would relieve uniformed BP agents from administrative duties associated with processing aliens and allow them to return to their national security mission. Congress should increase funding for facility upgrades at strategic land Ports of Entry (POEs), including expanding state-of-the-art technology such as Non-Intru- sive Inspection equipment. Today, the cartels exploit the aging facilities and lack of adequate technology to smuggle illicit drugs, contraband, and more successfully through our nation’s POEs. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) Needed Reforms Since the formation of DHS, ICE has increasingly been tasked with auxiliary missions that have little or nothing to do with either immigration or customs
Introduction
— 206 — Mandate for Leadership: The Conservative Promise local, and tribal elements. The order should consider stipulating what to do with DOD cyber agencies, most notably the NSA, in terms of strategic (for example, the President and the DNI) vs. tactical support (for example, support for the warfighter) in conjunction with ongoing congressionally mandated reviews of the future dual-hatted relationship. l Enhance the DNI’s role in overseeing execution of the National Intelligence Program budget under the President’s authority. This should be done in a manner that is consistent with Congress’s intent as embodied in IRTPA. Under the executive order as written today, the DNI “shall oversee and direct the implementation of the National Intelligence Program.” In practice, the DNI’s authority to oversee execution of the IC’s budget remains constrained by an inability to address changing intelligence priorities and mandate the implementation of appropriated NIP funding to higher intelligence priorities. The DNI should have the President’s direction to address emerging but catastrophic threats such as those posed by bioweapons. Clarifying how much budget authority the DNI has in conjunction (within the limits of congressional appropriations) with OMB and IC-member Cabinet officials to move around money and personnel is crucial, but positions will not always be fungible. It will probably be necessary to hold IC leadership accountable at intransigent agencies and to restructure areas through executive orders in close conjunction with OMB, as needed. l Clarify the DNI’s role as leader of the IC as an enterprise in building the IC’s capabilities around its open-source collection and analytic missions. The exponential growth in open-source information, often called OSINT, is not disputed. In the IC, the use of publicly available information, notwithstanding the authorities within IRTPA for the DNI to manage OSINT, remains disaggregated. The explosion of private-sector intelligence products and expertise should signal to IC leadership that duplicative efforts are unnecessary and that limited resources should be focused on problematic collection tasks. The IC should avoid duplication of what is already being done well in the private sector and focus instead on complex questions that cannot be answered by conventional and frequently increasing numbers of commercial tools and capabilities. If necessary, for lack of results from the National Open Source Committee, the DNI should appoint the Principal Deputy Director of National Intelligence (PDDNI) as chairman to prioritize and promote accountability for the IC’s 18 agencies toward this effort. — 207 — Intelligence Community l Prioritize security clearance reform. Security clearance reform has made significant progress under Trusted Workforce 2.0, a governmentwide background investigation reform that was implemented beginning in 2018 with the goal of creating one system with reciprocity across organizations. This included allowing movement from periodic reinvestigations toward a Continuous Vetting (CV) program with automated records checks, adjudication of flags, the “mitigat[ion of] personnel security situations before they become a larger problem,” or the suspension or revocation of clearances.15 However, human resources onboarding operations in major agencies such as the CIA, FBI, and NSA remain to be resolved. As executive agent for security clearances, the DNI must require results from agencies that resist implementation, enforce the 48-hour reciprocity guidance, and target human resources operations that fail to attract and expediently onboard qualified personnel. Additional “carrots and sticks” from executive order reform language, including moving the Security Services Directorate from NCSC to ODNI with elevated status, may be necessary. It is unacceptable for agencies to hinder opportunities for cross- agency assignments, use public–private partnerships inefficiently because of constraints on the transferability of security clearances, and lose future talent because of extraordinary delays in backend operations. Proper vetting to speed the onboarding of personnel with much-needed expertise is vital to the IC’s future. l Ensure the DNI’s authority. The DNI’s authority should be similar to an orchestra conductor’s. An incoming conservative President will appoint whomever he chooses as DNI, but there should be agreement between the incoming DNI and President with advice and counsel from the Presidential Personnel Office on selecting positions overseen by the DNI throughout subordinate agencies, as well as concurrence by relevant Cabinet officials and the CIA. This exists by executive order, but many Presidents, PPOs, and Cabinet agency heads do not follow executive order guidance and necessary norms. The importance of trust, character, and the ability to work together to achieve a joint set of intelligence goals established by the President cannot be overstated: It is a mission that can be accomplished only with the conductor and his orchestra playing in sync. l Provide additional support for such economic and supply chain– focused agencies as the Department of Commerce. Information sharing and feedback can help subagencies like the Commerce Department’s Bureau of Industry and Security to improve their understanding of the
Introduction
— 206 — Mandate for Leadership: The Conservative Promise local, and tribal elements. The order should consider stipulating what to do with DOD cyber agencies, most notably the NSA, in terms of strategic (for example, the President and the DNI) vs. tactical support (for example, support for the warfighter) in conjunction with ongoing congressionally mandated reviews of the future dual-hatted relationship. l Enhance the DNI’s role in overseeing execution of the National Intelligence Program budget under the President’s authority. This should be done in a manner that is consistent with Congress’s intent as embodied in IRTPA. Under the executive order as written today, the DNI “shall oversee and direct the implementation of the National Intelligence Program.” In practice, the DNI’s authority to oversee execution of the IC’s budget remains constrained by an inability to address changing intelligence priorities and mandate the implementation of appropriated NIP funding to higher intelligence priorities. The DNI should have the President’s direction to address emerging but catastrophic threats such as those posed by bioweapons. Clarifying how much budget authority the DNI has in conjunction (within the limits of congressional appropriations) with OMB and IC-member Cabinet officials to move around money and personnel is crucial, but positions will not always be fungible. It will probably be necessary to hold IC leadership accountable at intransigent agencies and to restructure areas through executive orders in close conjunction with OMB, as needed. l Clarify the DNI’s role as leader of the IC as an enterprise in building the IC’s capabilities around its open-source collection and analytic missions. The exponential growth in open-source information, often called OSINT, is not disputed. In the IC, the use of publicly available information, notwithstanding the authorities within IRTPA for the DNI to manage OSINT, remains disaggregated. The explosion of private-sector intelligence products and expertise should signal to IC leadership that duplicative efforts are unnecessary and that limited resources should be focused on problematic collection tasks. The IC should avoid duplication of what is already being done well in the private sector and focus instead on complex questions that cannot be answered by conventional and frequently increasing numbers of commercial tools and capabilities. If necessary, for lack of results from the National Open Source Committee, the DNI should appoint the Principal Deputy Director of National Intelligence (PDDNI) as chairman to prioritize and promote accountability for the IC’s 18 agencies toward this effort.
Showing 3 of 5 policy matches
About These Correlations
Policy matches are calculated using semantic similarity between bill summaries and Project 2025 policy text. A score of 60% or higher indicates meaningful thematic overlap. This does not imply direct causation or intent, but highlights areas where legislation aligns with Project 2025 policy objectives.