[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8949 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8949
To amend the Homeland Security Act of 2002 to extend counter-unmanned
aircraft systems authorities, to improve transparency, safety, and
accountability related to such authorities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 22, 2022
Mr. Nadler (for himself, Mr. Thompson of Mississippi, Mr. DeFazio, Mr.
Graves of Missouri, and Mr. Katko) 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 amend the Homeland Security Act of 2002 to extend counter-unmanned
aircraft systems authorities, to improve transparency, safety, and
accountability related to such authorities, 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 ``Counter-UAS Authority Extension and
Transparency Enhancement Act of 2022''.
SEC. 2. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT SYSTEMS.
Section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n)
is amended--
(1) in subsection (a)--
(A) by striking ``sections 32, 1030, 1367 and
chapters 119 and 206 of title 18, United States Code,
the Secretary and the Attorney General'' and inserting
``section 32 of title 18, United States Code, the
Secretary and the Attorney General''; and
(B) by striking ``(as defined by the Secretary or
the Attorney General, in consultation with the
Secretary of Transportation)'' and inserting ``(as
defined by the Secretary of Homeland Security, in
coordination with the Secretary of Transportation and
the Attorney General)'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``or
unmanned aircraft'' after ``During the
operation of the unmanned aircraft system'';
(ii) in subparagraph (D), by striking
``Seize or exercise control of'' and inserting
``Seize, exercise control of, or otherwise
confiscate'';
(iii) by striking subparagraph (E); and
(iv) by redesignating subparagraph (F) as
subparagraph (E);
(B) by amending paragraph (2) to read as follows:
``(2) Coordination.--
``(A) In general.--The Secretary and the Attorney
General shall coordinate with the Secretary of
Transportation regarding carrying out the actions
described in paragraph (1).
``(B) Aviation safety.--The Secretary and the
Attorney General shall coordinate with the
Administrator of the Federal Aviation Administration
when any action authorized by this section might affect
aviation safety, civilian aviation and aerospace
operations, aircraft airworthiness, or the use of the
National Airspace System. If the Administrator
determines any such action would adversely impact any
such matters, such action shall be delayed until the
Administrator determines such action does not present
an adverse impact or that such adverse impact can be
sufficiently mitigated.'';
(C) by amending paragraph (3) to read as follows:
``(3) Research, testing, training, and evaluation.--The
Secretary, the Secretary of Transportation, and the Attorney
General may conduct research on, testing on, training on, and
evaluation of equipment, including electronic equipment, and
technology to determine the capability and utility of such
equipment or technology for any action described in subsection
(b)(1) prior to the use of such equipment or technology.''; and
(D) by amending paragraph (4) to read as follows:
``(4) List of authorized equipment and technologies.--
``(A) List.--Not later than one year after the date
of enactment of the Counter-UAS Authority Extension and
Transparency Enhancement Act of 2022, the Secretary
shall, subject to subparagraph (B), maintain a list of
approved equipment and technology, including a
description of the specific functions and environments
for which such equipment or technology has capability
and utility for any action described in subsection
(b)(1), and whether such equipment or technology is
authorized for an action described in subparagraph (A),
(B), (C), or (D) of such subsection.
``(B) Impact determination by administrator.--Prior
to the inclusion of equipment or technology on the list
maintained under subparagraph (A), the Administrator of
the Federal Aviation Administration must make a
determination that the use of such equipment or
technology does not present an adverse impact on
aviation safety, civilian aviation and aerospace
operations, aircraft airworthiness, or the use of the
National Airspace System, or in the event that the
Administrator identifies an adverse impact, that such
impact can be sufficiently mitigated.
``(C) Authorized utilization.--Upon the inclusion
of a technology or equipment on the list maintained
under subparagraph (A), the Secretary and the Attorney
General may utilize such equipment or technology for
any described action in subsection (b)(1).'';
(3) in subsection (d), by amending paragraph (2) to read as
follows:
``(2) Coordination.--The Secretary, the Secretary of
Transportation, and the Attorney General shall coordinate to
develop their respective regulations and guidance under
paragraph (1) before issuing any such regulation or
guidance.'';
(4) in subsection (e)--
(A) by amending paragraph (3) to read as follows:
``(3) records of such communications are maintained for not
more than 90 days, except that if the Secretary of Homeland
Security or the Attorney General determines that maintenance of
such records is necessary to investigate or prosecute a
violation of law, is required under Federal law, or for the
purpose of any litigation, the records of such communications
may be maintained for not more than one year;''; and
(B) in paragraph (4)--
(i) in the matter preceding subparagraph
(A), by striking ``are not disclosed outside
the Department of Homeland Security or the
Department of Justice unless'' and inserting
``are not shared outside of personnel of the
department in possession of such
communications, except if''; and
(ii) in subparagraph (B), by striking ``,
or any regulatory, statutory, or other
enforcement action relating to'';
(5) in subsection (f), by striking ``within the Department
of Homeland Security or the Department of Justice'';
(6) in subsection (g)--
(A) in paragraph (1), by striking ``the Secretary
and the Attorney General shall, respectively,'' and
inserting ``the Secretary, the Attorney General, and
the Secretary of Transportation shall jointly'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively;
(D) by amending paragraph (2), as so redesignated,
to read as follows:
``(2) Content.--Each briefing required under paragraph (1)
shall include--
``(A) the number of instances and a description of
each instance in which actions described in subsection
(b)(1) have been taken, including all such instances
that--
``(i) equipment or technology disrupted the
transmission of radio or electronic signals,
including and disaggregrated by whether any
such disruption was minimized;
``(ii) may have resulted in harm, damage,
or loss to a person or to private property,
including and disaggregrated by whether any
such harm, damage, or loss was minimized;
``(iii) resulted in the successful seizure,
exercise of control, or confiscation under
subsection (b)(1)(D); or
``(iv) required the use of reasonable force
under subsection (b)(1)(E);
``(B) the frequency and nature of instances in
which communications were intercepted or acquired
during the course of actions described in subsection
(b)(1), including--
``(i) the approximate number and nature of
incriminating communications intercepted; and
``(ii) the approximate number and nature of
other communications intercepted;
``(C) the total number of instances in which
records of communications intercepted or acquired
during the course of actions described in subsection
(b)(1) were--
``(i) shared with the Department of Justice
or another Federal law enforcement agency,
including a list of receiving Federal law
enforcement agencies; or
``(ii) maintained for more than 90 days;
``(D) the number of instances and a description of
each instance in which the Secretary, Secretary of
Transportation, or the Attorney General have engaged
with Federal, State, or local law enforcement agencies
to implement the authority under this section,
including the number of instances that resulted in a
criminal investigation or litigation; and
``(E) information on the actions carried out under
subsections (b)(3) and (b)(4)(A), including equipment
or technology to address emerging trends and changes in
unmanned aircraft system or unmanned aircraft system-
related security threats.''; and
(E) in paragraph (4), as so redesignated--
(i) by inserting ``approved under
subsection (b)(4)'' after ``new technology'';
(ii) by striking ``the Secretary and the
Attorney General shall, respectively,'' and
inserting ``the Secretary, in coordination with
the Secretary of Transportation and the
Attorney General, shall''; and
(iii) by striking ``to the national
airspace system'' and inserting ``to the safety
and operation of the National Airspace
System'';
(7) in subsection (h)(2), by inserting ``of Homeland
Security'' after ``any authority of the Secretary'';
(8) by amending subsection (i) to read as follows:
``(i) Termination.--The authority under this section shall
terminate on October 1, 2023.'';
(9) in subsection (k)--
(A) in paragraph (1)(B), by striking ``the
Committee on Energy and Commerce,'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``the
Secretary or the Attorney General, in
coordination with the Secretary of
Transportation'' and inserting ``the Secretary,
in coordination with the Secretary of
Transportation and the Attorney General,''; and
(ii) in subparagraph (C)(ii)--
(I) in subclause (I)(aa), by
striking ``section 533 of title 28,
United States Code'' and inserting
``paragraph (2) or (3) of section 533
of title 28, United States Code, and
that is limited to a specified period
of time and location'';
(II) in subclause (I)(bb), by
inserting before the semicolon at the
end the following: ``, and that is
limited to a specified period of time
and location''; and
(III) in subclause (III), by
striking ``, as specified in'' and
inserting ``pursuant to'';
(C) in paragraph (6), by striking ``purposes of
subsection (a)'' and inserting ``purposes of
subsections (a) and (e)(4)''; and
(D) in paragraph (8)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``and efficiency of
the national airspace system'' and
inserting ``, efficiency, and operation
of the National Airspace System''; and
(II) by striking ``the Secretary or
the Attorney General, respectively,''
and inserting ``the Secretary, in
coordination with the Secretary of
Transportation and the Attorney
General,''; and
(ii) by striking ``national airspace
system'' each place it appears and inserting
``National Airspace System''; and
(10) by amending subsection (l) to read as follows:
``(l) Annual Report.--Not later than one year after the date of
enactment of the Counter-UAS Authority Extension and Transparency
Enhancement Act of 2022, the Secretary shall submit, in coordination
with the Secretary of Transportation and the Attorney General, a report
to the appropriate congressional committees that contains the
information required under subsection (g)(2) and the following--
``(1) copies of guidance, policies, programs, and
procedures to mitigate or eliminate any adverse impact of the
activities carried out pursuant to this section, or the use of
any equipment or technology, on aviation safety, civilian
aviation and aerospace operations, aircraft airworthiness, or
the use of the National Airspace System; and
``(2) copies of the guidance, policies, or procedures
established to address privacy, civil rights, and civil
liberties issues implicated by the activities carried out
pursuant to this section.''.
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