[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6401 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6401

 To assist the Department of Homeland Security in preventing emerging 
  threats from unmanned aircraft and vehicles, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2018

Mr. McCaul (for himself, Mr. Chabot, and Mrs. Hartzler) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committees on Transportation and Infrastructure, 
 and Homeland Security, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To assist the Department of Homeland Security in preventing emerging 
  threats from unmanned aircraft and vehicles, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Emerging Threats Act of 
2018''.

SEC. 2. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED 
              AIRCRAFT.

    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the 
following:

``SEC. 210G. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED 
              AIRCRAFT.

    ``(a) Authority.--Notwithstanding section 46502 of title 49, United 
States Code, or sections 32, 1030, 1367 and chapters 119 and 206 of 
title 18, United States Code, the Secretary and the Attorney General 
may, for their respective Departments, take, and may authorize 
personnel of the Department of Homeland Security or the Department of 
Justice with assigned duties that include safety, security, or 
protection of people, facilities, or assets, to take, such actions as 
are described in subsection (b)(1) that are necessary to mitigate a 
credible threat (as defined by the Secretary or the Attorney General, 
in consultation with the Secretary of Transportation) that an unmanned 
aircraft system or unmanned aircraft poses to the safety or security of 
a covered facility or asset.
    ``(b) Actions Described.--
            ``(1) In general.--The actions authorized in subsection (a) 
        are the following:
                    ``(A) Detect, identify, monitor, and track the 
                unmanned aircraft system or unmanned aircraft, without 
                prior consent, including by means of intercept or other 
                access of a wire communication, an oral communication, 
                or an electronic communication used to control the 
                unmanned aircraft system or unmanned aircraft.
                    ``(B) Warn the operator of the unmanned aircraft 
                system or unmanned aircraft, including by passive or 
                active, and direct or indirect physical, electronic, 
                radio, and electromagnetic means.
                    ``(C) Disrupt control of the unmanned aircraft 
                system or unmanned aircraft, without prior consent, 
                including by disabling the unmanned aircraft system or 
                unmanned aircraft by intercepting, interfering, or 
                causing interference with wire, oral, electronic, or 
                radio communications used to control the unmanned 
                aircraft system or unmanned aircraft.
                    ``(D) Seize or exercise control of the unmanned 
                aircraft system or unmanned aircraft.
                    ``(E) Seize or otherwise confiscate the unmanned 
                aircraft system or unmanned aircraft.
                    ``(F) Use reasonable force, if necessary, to 
                disable, damage, or destroy the unmanned aircraft 
                system or unmanned aircraft.
            ``(2) Required coordination.--The Secretary and the 
        Attorney General shall develop for their respective Departments 
        the actions described in paragraph (1) in coordination with the 
        Secretary of Transportation.
            ``(3) Research, testing, training, and evaluation.--The 
        Secretary and the Attorney General may conduct research, 
        testing, training on, and evaluation of any equipment, 
        including any electronic equipment, to determine its capability 
        and utility to enable any of the actions described in 
        subsection (b)(1).
            ``(4) Coordination.--The Secretary and the Attorney General 
        shall coordinate with the Administrator of the Federal Aviation 
        Administration when subsection (b)(3) might affect aviation 
        safety, civilian aviation and aerospace operations, aircraft 
        airworthiness, or the use of the airspace.
    ``(c) Forfeiture.--Any unmanned aircraft system or unmanned 
aircraft described in subsection (a) that is seized by the Secretary or 
the Attorney General is subject to forfeiture to the United States.
    ``(d) Regulations and Guidance.--
            ``(1) In general.--The Secretary, the Attorney General, and 
        the Secretary of Transportation may prescribe regulations and 
        shall issue guidance in the respective areas of each Secretary 
        or the Attorney General to carry out this section.
            ``(2) Coordination.--
                    ``(A) Coordination with department of 
                transportation.--The Secretary and the Attorney General 
                shall coordinate the development of their respective 
                guidance under paragraph (1) with the Secretary of 
                Transportation.
                    ``(B) Effect on aviation safety.--The Secretary and 
                the Attorney General shall respectively coordinate with 
                the Secretary of Transportation and the Administrator 
                of the Federal Aviation Administration before issuing 
                any guidance, or otherwise implementing this section, 
                if such guidance or implementation might affect 
                aviation safety, civilian aviation and aerospace 
                operations, aircraft airworthiness, or the use of 
                airspace.
    ``(e) Privacy Protection.--The regulations or guidance issued to 
carry out actions authorized under subsection (b) by the Secretary or 
the Attorney General, as the case may be, shall ensure that--
            ``(1) the interception or acquisition of, or access to, or 
        maintenance or use of, communications to or from an unmanned 
        aircraft system under this section is conducted in a manner 
        consistent with the Fourth amendment to the Constitution of the 
        United States and applicable provisions of Federal law;
            ``(2) communications to or from an unmanned aircraft system 
        are intercepted or acquired only to the extent necessary to 
        support an action described in subsection (b)(1);
            ``(3) records of such communications are maintained only 
        for as long as necessary, and in no event for more than 180 
        days, unless the Secretary or the Attorney General determine 
        that maintenance of such records--
                    ``(A) is necessary to support 1 or more safety or 
                security functions of the Department of Homeland 
                Security or the Department of Justice, respectively, or 
                to investigate or prosecute a violation of law; or
                    ``(B) is required for a longer period to support a 
                civilian law enforcement agency or by any other 
                applicable statute or regulation; and
            ``(4) such communications are not disclosed outside the 
        Department of Homeland Security or the Department of Justice 
        unless the disclosure--
                    ``(A) would fulfill a safety or security function 
                of the Department of Homeland Security or the 
                Department of Justice, respectively, or to investigate 
                or prosecute a violation of law;
                    ``(B) would support the Department of Defense, 
                another civilian law enforcement agency, or the 
                activities of a regulatory agency of the Federal 
                Government in connection with a criminal or civil 
                investigation of, or any regulatory, statutory, or 
                other enforcement action arising out of an action 
                described in subsection (b)(1); or
                    ``(C) is otherwise required by law.
    ``(f) Budget.--The Secretary and the Attorney General shall submit 
to Congress, as a part of the homeland security or justice budget 
materials for each fiscal year after fiscal year 2018, a consolidated 
funding display that identifies the funding source for the actions 
described in subsection (b)(1) within the Department of Homeland 
Security or the Department of Justice. The funding display shall be in 
unclassified form, but may contain a classified annex.
    ``(g) Semiannual Briefings.--
            ``(1) In general.--On a semiannual basis during the 5-year 
        period beginning 6 months after the date of enactment of this 
        section, the Secretary and the Attorney General shall, 
        respectively, provide a briefing to the appropriate 
        congressional committees on the activities carried out pursuant 
        to this section.
            ``(2) Requirement.--Each briefing required under paragraph 
        (1) shall be conducted jointly with the Secretary of 
        Transportation.
            ``(3) Content.--Each briefing required under paragraph (1) 
        shall include--
                    ``(A) policies, programs, and procedures to 
                mitigate or eliminate impacts of such activities to the 
                National Airspace System;
                    ``(B) a description of instances where actions 
                described in subsection (b)(1) have been taken;
                    ``(C) a description of the guidance, policies, or 
                procedures established to address privacy, civil 
                rights, and civil liberties issues implicated by the 
                action allowed under this section, as well as any 
                changes or subsequent efforts that would significantly 
                affect privacy, civil rights or civil liberties;
                    ``(D) how the Secretary and the Attorney General 
                have informed the public as to the possible use of 
                authorities under this section; and
                    ``(E) how the Secretary and the Attorney General 
                have engaged with Federal, State, and local law 
                enforcement agencies to implement and use such 
                authorities.
            ``(4) Unclassified form.--Each briefing required under 
        paragraph (1) shall be in unclassified form, consistent with 
        the needs of law enforcement agencies and national security, 
        but may be accompanied by an additional classified briefing.
    ``(h) Rule of Construction.--Nothing in this section may be 
construed to--
            ``(1) vest in the Secretary or the Attorney General any 
        authority of the Secretary of Transportation or the 
        Administrator of the Federal Aviation Administration;
            ``(2) vest in the Secretary of Transportation or the 
        Administrator of the Federal Aviation Administration any 
        authority of the Secretary or the Attorney General;
            ``(3) vest in the Secretary of Homeland Security any 
        authority of the Attorney General; and
            ``(4) vest in the Attorney General any authority of the 
        Secretary of Homeland Security.
    ``(i) Termination.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        authority to carry out this section with respect to the covered 
        facilities or assets specified in subsection (k)(3) shall 
        terminate on the date that is 5 years after the date of 
        enactment of this section.
            ``(2) Extension.--The President may extend by 180 days the 
        termination date described in paragraph (1) if, not later than 
        45 days before the termination date described in paragraph (1), 
        the President certifies to Congress that such extension is in 
        the national security interest of the United States.
    ``(j) Scope of Authority.--Nothing in this section shall be 
construed to provide the Secretary or the Attorney General with 
additional authorities beyond those described in subsections (a), 
(b)(1), and (k)(3)(C)(iii).
    ``(k) Definitions.--In this section:
            ``(1) The term `appropriate congressional committees' 
        means--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on Commerce, 
                Science, and Transportation, and the Committee on the 
                Judiciary of the Senate; and
                    ``(B) the Committee on Homeland Security, the 
                Committee on Transportation and Infrastructure, the 
                Committee on Energy and Commerce, and the Committee on 
                the Judiciary of the House of Representatives.
            ``(2) The term `budget', with respect to a fiscal year, 
        means the budget for that fiscal year that is submitted to 
        Congress by the President under section 1105(a) of title 31.
            ``(3) The term `covered facility or asset' means any 
        facility or asset that--
                    ``(A) is identified by the Secretary or the 
                Attorney General, in consultation with the Secretary of 
                Transportation with respect to potentially impacted 
                airspace, through a risk-based assessment for purposes 
                of this section;
                    ``(B) is located in the United States (including 
                the territories and possessions, territorial seas or 
                navigable waters of the United States); and
                    ``(C) directly relates to one or more of--
                            ``(i) the following missions authorized to 
                        be performed by the Department of Homeland 
                        Security, consistent with governing statutes, 
                        regulations, and orders issued by the 
                        Secretary, pertaining to--
                                    ``(I) security operations by the 
                                United States Coast Guard and U.S. 
                                Customs and Border Protection, 
                                including securing facilities, 
                                aircraft, and vessels, whether moored 
                                or underway and considered to be high-
                                risk or assessed to be a target for 
                                unlawful unmanned aircraft activity;
                                    ``(II) United States Secret Service 
                                protection operations pursuant to 
                                sections 3056 and 3056A of title 18, 
                                United States Code; or
                                    ``(III) protection of facilities 
                                pursuant to section 1315 of title 40, 
                                United States Code considered to be 
                                high-risk or assessed to be a target 
                                for unlawful unmanned aircraft 
                                activity;
                            ``(ii) the following missions authorized to 
                        be performed by the Department of Justice, 
                        consistent with governing statutes, 
                        regulations, and orders issued by the Attorney 
                        General, pertaining to--
                                    ``(I) personnel protection 
                                operations by the Federal Bureau of 
                                Investigation and the United States 
                                Marshals Service, including the 
                                protection of Federal jurists, court 
                                officers, witnesses and other persons 
                                in the interests of justice, as 
                                specified in section 566(e) of title 
                                28, United States Code;
                                    ``(II) penal, detention, and 
                                correctional operations conducted by 
                                the Federal Bureau of Prisons 
                                considered to be high-risk or assessed 
                                to be a target for unlawful unmanned 
                                aircraft activity; or
                                    ``(III) protection of the buildings 
                                and grounds leased, owned, or operated 
                                by or for the Department of Justice 
                                considered to be high-risk or assessed 
                                to be a target for unlawful unmanned 
                                aircraft activity, and the provision of 
                                security for Federal courts, as 
                                specified in section 566(a) of title 
                                28, United States Code; and
                            ``(iii) the following missions authorized 
                        to be performed by the Department of Homeland 
                        Security or the Department of Justice, acting 
                        together or separately, consistent with 
                        governing statutes, regulations, and orders 
                        issued by the Secretary or the Attorney 
                        General, respectively, pertaining to--
                                    ``(I) National Special Security 
                                Events and Special Event Assessment 
                                Rating events;
                                    ``(II) upon the request of a 
                                State's governor or attorney general, 
                                providing support to State, local, or 
                                tribal law enforcement to ensure 
                                protection of people and property at 
                                mass gatherings, where appropriate, 
                                within available resources, and without 
                                delegating any authority under this 
                                section to State, local, or tribal law 
                                enforcement;
                                    ``(III) active Federal law 
                                enforcement investigations, emergency 
                                responses, or security operations that 
                                are considered to be high-risk or 
                                assessed to be a target for unlawful 
                                unmanned aircraft activity; or
                                    ``(IV) in the event that either the 
                                Department of Homeland Security or the 
                                Department of Justice has identified a 
                                national security threat against the 
                                United States where there is reason to 
                                believe that the threat could involve 
                                unlawful use of an unmanned aircraft, 
                                responding to such national security 
                                threat.
            ``(4) The terms `electronic communication', `intercept', 
        `oral communication', and `wire communication' have the meaning 
        given those terms in section 2510 of title 18, United States 
        Code.
            ``(5) The term `homeland security or justice budget 
        materials', with respect to a fiscal year, means the materials 
        submitted to Congress by the Secretary and the Attorney General 
        in support of the budget for that fiscal year.
            ``(6) For purposes of subsection (a), the term `personnel' 
        means--
                    ``(A) officers and employees of the Department of 
                Homeland Security or the Department of Justice; or
                    ``(B) to the extent necessary and upon receiving 
                appropriate training, individuals employed by 
                contractors of the Department of Homeland Security or 
                the Department of Justice who are subject to the 
                supervision, control, or direction of the respective 
                department and are assigned by that department to 
                perform the duties described in subsection (a) in 
                accordance with regulations or guidance established 
                under subsection (d).
            ``(7) The terms `unmanned aircraft' and `unmanned aircraft 
        system' have the meanings given those terms in section 331 of 
        the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 
        note).
            ``(8) For purposes of this section, the term `risk-based 
        assessment' includes an evaluation of the following factors 
        with respect to potential impacts on the safety and efficiency 
        of the national airspace system and the needs of law 
        enforcement and national security:
                    ``(A) Potential impacts to the national airspace 
                system, including potential effects on manned aircraft 
                and unmanned aircraft systems, airport operations, 
                infrastructure, and air navigation services related to 
                the use of any system or technology for carrying out 
                the actions described in subsection (b)(1).
                    ``(B) Options for mitigating any identified impacts 
                to the national airspace system related to the use of 
                any system or technology, including minimizing when 
                possible the use of any technology which disrupts the 
                transmission of radio or electronic signals, for 
                carrying out the actions described in subsection 
                (b)(1).
                    ``(C) Potential consequences of the impacts of any 
                actions taken under subsection (b)(1) to the national 
                airspace system and infrastructure if not mitigated.
                    ``(D) The ability to provide reasonable advance 
                notice to aircraft operators consistent with the safety 
                of the national airspace system and the needs of law 
                enforcement and national security.
                    ``(E) The setting and character of any covered 
                facility or asset, including whether it is located in a 
                populated area or near other structures, whether the 
                facility is open to the public, whether the facility is 
                also used for nongovernmental functions, and any 
                potential for interference with wireless communications 
                or for injury or damage to persons or property.
                    ``(F) Potential consequences to national security, 
                public safety, or law enforcement if threats posed by 
                unmanned aircraft systems are not mitigated or 
                defeated.
    ``(l) Department of Homeland Security Assessment.--
            ``(1) Report.--Not later than 1 year after the date of the 
        enactment of this section, the Secretary shall conduct, in 
        coordination with the Attorney General and the Secretary of 
        Transportation, an assessment to the appropriate congressional 
        committees, including--
                    ``(A) an evaluation of the threat from unmanned 
                aircraft systems to United States critical 
                infrastructure (as defined in this Act) and to domestic 
                large hub airports (as defined in section 40102(a)(29) 
                of title 49, United States Code);
                    ``(B) an evaluation of current Federal and State, 
                local, or tribal law enforcement authorities to counter 
                the threat identified in subparagraph (A);
                    ``(C) an evaluation of the knowledge of, efficiency 
                of, and effectiveness of current procedures and 
                resources available to owners of critical 
                infrastructure and domestic large hub airports when 
                they believe a threat from unmanned aircraft systems is 
                present and what additional actions, if any, the 
                Department of Homeland Security or the Department of 
                Transportation could implement under existing 
                authorities to assist these entities to counter the 
                threat identified in subparagraph (A);
                    ``(D) an assessment of what, if any, additional 
                authorities the Department needs to counter the threat 
                identified in subparagraph (A); and
                    ``(E) an assessment of what, if any, additional 
                research and development the Department needs to 
                counter the threat identified in subparagraph (A).
            ``(2) Unclassified form.--The report required under 
        paragraph (1) shall be submitted in unclassified form, but may 
        contain a classified annex.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
210F the following:

``Sec. 210G. Protection of certain facilities and assets from unmanned 
                            aircraft.''.

SEC. 3. DEPARTMENT OF HOMELAND SECURITY EFFORTS TO HELP PROTECT 
              INDIVIDUALS FROM VEHICULAR TERRORISM.

    (a) Definitions.--In this section--
            (1) the term ``emergency response providers'' has the 
        meaning given the term in section 2 of the Homeland Security 
        Act of 2002 (6 U.S.C. 101); and
            (2) the term ``vehicular terrorism'' means an action that 
        uses automotive transportation to inflict violence and 
        intimidation on individuals for a political purpose.
    (b) Assessment.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Homeland Security shall--
            (1) assess the threat of vehicular terrorism and activities 
        the Department of Homeland Security is undertaking to support 
        emergency response providers and the private sector to prevent, 
        mitigate, and respond to vehicular terrorism; and
            (2) based on the assessment conducted under paragraph (1), 
        brief the Committee on Homeland Security and Governmental 
        Affairs, the Committee on Commerce, Science, and 
        Transportation, and the Committee on the Judiciary of the 
        Senate and the Committee on Homeland Security, the Committee on 
        Transportation and Infrastructure, the Committee on Energy and 
        Commerce, and the Committee on the Judiciary of the House of 
        Representatives on--
                    (A) the findings of the assessment; and
                    (B) a strategy to improve the efforts of the 
                Department of Homeland Security to support emergency 
                response providers and the private sector to prevent, 
                mitigate, and respond to the threat of vehicular 
                terrorism.
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