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Item 35 - FY 2022 Emergency Management Performance Grant
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Item 35 - FY 2022 Emergency Management Performance Grant
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Agenda Packet
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Police
Item #
35
Date
11/7/2023
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TSGP Appendix | 2023 Page D-8 <br />Equipment: Requirements for Small Unmanned Aircraft Systems <br />All requests to purchase Small Unmanned Aircraft Systems (sUAS) with FEMA grant funding must comply <br />with FEMA Policy 207-22-0002, Prohibited or Controlled Equipment Under FEMA Awards, and also <br />include a description of the policies and procedures in place to safeguard individuals’ privacy, civil rights, <br />and civil liberties of the jurisdiction that will purchase, take title to or otherwise use the sUAS equipment. <br />SUAS policies are not required at the time of application but must be received and approved by FEMA prior <br />to obligating TSGP funds. All grant-funded procurements must be executed in a manner compliant with <br />federal procurement standards at 2 C.F.R. §§ 200.317 – 200.327. For recipients that use TSGP funds for <br />sUAS, FEMA advises that there is a general privacy concern related to the use of this equipment if the <br />data the devices collect is transmitted to servers not under the control of the operator. It has been reported <br />that some manufacturers of sUAS encrypt data and send that data to servers outside the United States. The <br />U.S. Department of Homeland Security’s Privacy Office suggests the recipient fully explore data <br />transmission and storage issues with vendors to reduce the possibility of data breaches. <br />Additionally, the Joint Explanatory Statement (JES) accompanying the FY 2023 DHS Appropriations Act <br />further requires recipients to certify they have reviewed the Industry Alert on Chinese Manufactured <br />Unmanned Aircraft Systems, and completed a risk assessment that considers the proposed use of foreign- <br />made sUAS to ascertain potential risks (e.g., privacy, data breaches, cybersecurity, etc.) related to foreign- <br />made versus domestic sUAS. <br />Acquisition and Use of Technology to Mitigate UAS (Counter-UAS) <br />In August 2020, FEMA alerted of an advisory guidance document issued by DHS, the Department of <br />Justice, the Federal Aviation Administration, and the Federal Communications Commission: <br />https://www.dhs.gov/publication/interagency-legal-advisory-uas-detection-and-mitigation-technologies. <br />The purpose of the advisory guidance document is to help non-federal public and private entities better <br />understand the federal laws and regulations that may apply to the use of capabilities to detect and mitigate <br />threats posed by UAS operations (i.e., Counter-UAS or C-UAS). <br />The Departments and Agencies issuing the advisory guidance document, and FEMA, do not have the <br />authority to approve non-federal public or private use of UAS detection or mitigation capabilities, nor do <br />they conduct legal reviews of commercially available product compliance with those laws. The advisory <br />does not address state and local laws nor potential civil liability, which UAS detection and mitigation <br />capabilities may also implicate. <br />It is strongly recommended that, prior to the testing, acquisition, installation, or use of UAS detection <br />and/or mitigation systems, entities seek the advice of counsel experienced with both federal and state <br />criminal, surveillance, and communications laws. Entities should conduct their own legal and technical <br />analysis of each UAS detection and/or mitigation system and should not rely solely on vendors’ <br />representations of the systems’ legality or functionality. Please also see the DHS press release on this <br />topic for further information: https://www.dhs.gov/news/2020/08/17/interagency-issues-advisory-use- <br />technology-detect-and-mitigate-unmanned-aircraft. <br />Cybersecurity Projects <br />TSGP funds may be used for projects that enhance the cybersecurity of: <br />•Access controls, sensors, security cameras, badge/ID readers, ICS/SCADA systems, process <br />monitors and controls (such as firewalls, network segmentation, predictive security cloud, etc.); <br />and <br />•Passenger/vehicle/cargo security screening equipment (cybersecurity assessments are allowable).
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