[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8610 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 592
118th CONGRESS
  2d Session
                                H. R. 8610

                      [Report No. 118-698, Part I]

To reauthorize and reform counter-unmanned aircraft system authorities, 
 to improve transparency, security, safety, and accountability related 
              to such authorities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2024

 Mr. Green of Tennessee (for himself, Mr. Thompson of Mississippi, Mr. 
     Graves of Missouri, Mr. Larsen of Washington, and Mr. Nadler) 
 introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committees on 
 the Judiciary, 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

                           September 20, 2024

     Additional sponsors: Mr. Graves of Louisiana and Mr. Magaziner

                           September 20, 2024

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           September 20, 2024

Committees on the Judiciary and Homeland Security discharged; committed 
   to the Committee of the Whole House on the State of the Union and 
                         ordered to be printed
[For text of introduced bill, see copy of bill as introduced on June 4, 
                                 2024]


_______________________________________________________________________

                                 A BILL


 
To reauthorize and reform counter-unmanned aircraft system authorities, 
 to improve transparency, security, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Counter-UAS 
Authority Security, Safety, and Reauthorization Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Protection of certain facilities and assets from unmanned 
                            aircraft systems.
Sec. 4. FAA counter-UAS activities.
Sec. 5. Additional limited authority for detection, identification, 
                            monitoring, and tracking.
Sec. 6. Counter-UAS mitigation law enforcement pilot program.
Sec. 7. Counter-UAS system planning and deployment at airports.
Sec. 8. UAS detection and mitigation enforcement authority.
Sec. 9. Reporting on counter-UAS activities.

SEC. 2. DEFINITIONS.

    (a) Application of Terms.--Unless otherwise specified, the terms in 
section 44801 of title 49, United States Code, shall apply to this Act.
    (b) In General.--In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Homeland Security, the 
                Committee on the Judiciary, and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives; and
                    (B) the Committee on the Judiciary, the Committee 
                on Homeland Security and Governmental Affairs, and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate.
            (2) Covered airport.--The term ``covered airport'' means--
                    (A) a large hub airport (as defined in section 
                47102 of title 49, United States Code);
                    (B) a medium hub airport (as defined in section 
                47102 of title 49, United States Code); or
                    (C) an airport with a total annual landed weight of 
                all-cargo of more than 7,500,000,000 pounds in 2021 or 
                any year thereafter.
            (3) Covered entity.--The term ``covered entity'' means--
                    (A) the owner or proprietor of a covered site; and
                    (B) with respect to a public gathering, the 
                organizing entity of such gathering.
            (4) Covered site.--The term ``covered site'' means--
                    (A) a fixed site facility related to--
                            (i) critical infrastructure, such as energy 
                        production, transmission, distribution 
                        facilities and equipment, and railroad 
                        facilities;
                            (ii) oil refineries and chemical 
                        facilities;
                            (iii) amusement parks; or
                            (iv) State prisons;
                    (B) the location of a large public gathering 
                described in section 44812(c) of title 49, United 
                States Code; or
                    (C) the site with respect to which a flight 
                restriction is maintained pursuant to section 521 of 
                division F of the Consolidated Appropriations Act, 2004 
                (49 U.S.C. 40103 note).

SEC. 3. 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) 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 and the Attorney General, in coordination with 
        the Secretary of Transportation)'';
            (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); and
                    (B) by striking paragraphs (2) through (4) and 
                inserting the following:
            ``(2) Coordination.--
                    ``(A) In general.--The Secretary and the Attorney 
                General shall coordinate with the Secretary of 
                Transportation in carrying out the actions described in 
                paragraph (1).
                    ``(B) Determination by administrator of federal 
                aviation administration.--Before the Secretary and the 
                Attorney General may take or authorize the taking of an 
                action under this section, the Administrator of the 
                Federal Aviation Administration shall determine if such 
                action would result in an adverse impact on aviation 
                safety, civil aviation and aerospace operations, 
                aircraft airworthiness, or the use of the national 
                airspace system. If the Administration determines such 
                action would not result in such an adverse impact, the 
                Secretary and the Attorney General may take or 
                authorize the taking of such action. If the 
                Administrator determines such action would result in 
                such an adverse impact, the Secretary and the Attorney 
                General shall coordinate with the Administrator to take 
                any necessary action to ensure that such an adverse 
                impact can be sufficiently mitigated.
            ``(3) Research, testing, training, and evaluation.--
                    ``(A) In general.--The Secretary, the Attorney 
                General, and the Secretary of Transportation 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 paragraph (1), including prior to 
                the initial use of such equipment or technology.
                    ``(B) Coordination.--The Secretary, the Attorney 
                General, and the Secretary of Transportation shall 
                coordinate activities under this paragraph and mutually 
                share data and results from such activities.
            ``(4) List of authorized equipment and technologies.--
                    ``(A) List.--Not later than 1 year after the date 
                of enactment of the Counter-UAS Authority Security, 
                Safety, and Reauthorization Act, the Secretary, in 
                coordination with the Attorney General and the 
                Administrator of the Federal Aviation Administration, 
                shall maintain a list of approved makes and models of 
                counter-UAS detection and mitigation systems, 
                equipment, and technology. Such list shall include the 
                following:
                            ``(i) A description of the specific 
                        detection or mitigation functions of each such 
                        system, equipment, or technology that enable 
                        each such system, equipment, or technology to 
                        carry out an action described in paragraph (1).
                            ``(ii) Whether each such system, equipment, 
                        or technology is authorized for an action 
                        described in subparagraph (A), (B), (C), or (D) 
                        of paragraph (1).
                            ``(iii) Any conditions or restrictions 
                        generally applicable to the use, location, or 
                        positioning of each such system, equipment, or 
                        technology, including whether and how each such 
                        system, equipment, or technology may be 
                        suitable for use in terminal airspace.
                    ``(B) Impact determination by administrator.--A 
                counter-UAS detection or mitigation system, equipment, 
                or technology may not be included on the list 
                maintained under subparagraph (A) unless the 
                Administrator of the Federal Aviation Administration 
                makes a written determination that--
                            ``(i)(I) the system, equipment, or 
                        technology meets any applicable minimum 
                        performance requirements as described in 
                        section 44810(e) of title 49, United States 
                        Code; and
                            ``(II) the use of such system, equipment, 
                        or technology does not present an adverse 
                        impact on aviation safety, civil aviation and 
                        aerospace operations, aircraft airworthiness, 
                        or the use of the national airspace system; or
                            ``(ii) in the event the Administrator 
                        identifies such an adverse impact from such 
                        system, equipment, or technology, such an 
                        adverse impact can be sufficiently mitigated 
                        and the mitigation activities are described in 
                        the list maintained under subparagraph (A) or 
                        in a manner determined by the Administrator.
                    ``(C) Spectrum impact consultation.--The Secretary, 
                the Attorney General, and the Administrator of the 
                Federal Aviation Administration shall consult with the 
                Federal Communications Commission or the Administrator 
                of the National Telecommunications and Information 
                Administration, as appropriate, to determine whether 
                the use of a counter-UAS detection or mitigation 
                system, equipment, or technology on the list maintained 
                under subparagraph (A)--
                            ``(i) does not present an adverse impact on 
                        civilian telecommunications, communications 
                        spectrum, internet technology, or radio 
                        communications networks or systems; or
                            ``(ii) in the event that such an adverse 
                        impact is identified, such impact can be 
                        sufficiently mitigated, or the system, 
                        equipment, or technology is excluded from the 
                        list maintained under subparagraph (A) until 
                        such an adverse impact is sufficiently 
                        mitigated.
                    ``(D) Limitation on inclusion of counter-uas 
                systems manufactured by certain foreign enterprises.--
                            ``(i) Limitation.--The Secretary may not 
                        include on the list maintained under 
                        subparagraph (A) a counter-UAS detection and 
                        mitigation systems, equipment, and technology, 
                        manufactured or developed by a covered 
                        manufacturer.
                            ``(ii) International agreements.--This 
                        subsection shall be applied in a manner 
                        consistent with the obligations of the United 
                        States under international agreements in effect 
                        as of the date of enactment of the Counter-UAS 
                        Authority Security, Safety, and Reauthorization 
                        Act.
                            ``(iii) Authorized utilization.--Upon the 
                        inclusion of a counter-UAS detection or 
                        mitigation system, equipment, or technology on 
                        the list maintained under subparagraph (A), the 
                        Secretary and the Attorney General may utilize 
                        such system, equipment, or technology for any 
                        action described in paragraph (1).
                            ``(iv) Exception.--The Secretary of 
                        Homeland Security is exempt from the limitation 
                        under this subsection if the Secretary 
                        determines that the operation or procurement of 
                        such system is for the sole purpose of 
                        research, evaluation, training, testing, or 
                        analysis.
                            ``(v) Definitions.--In this subparagraph:
                                    ``(I) Covered manufacturer.--The 
                                term `covered manufacturer' means an 
                                entity that is owned by, controlled by, 
                                is a subsidiary of, or is otherwise 
                                related legally or financially to, a 
                                person based in a country that--
                                            ``(aa) is identified as a 
                                        nonmarket economy country (as 
                                        defined in section 771 of the 
                                        Tariff Act of 1930 (19 U.S.C. 
                                        1677)) as of the date of 
                                        enactment of the Counter-UAS 
                                        Authority Security, Safety, and 
                                        Reauthorization Act;
                                            ``(bb) was identified by 
                                        the United States Trade 
                                        Representative in the most 
                                        recent report required under 
                                        section 182 of the Trade Act of 
                                        1974 (19 U.S.C. 2242) as a 
                                        priority foreign country under 
                                        subsection (a)(2) of such 
                                        section; and
                                            ``(cc) is subject to 
                                        monitoring by the United States 
                                        Trade Representative under 
                                        section 306 of the Trade Act of 
                                        1974 (19 U.S.C. 2416).
                                    ``(II) Otherwise related legally or 
                                financially.--The term `otherwise 
                                related legally or financially' does 
                                not include a minority stake 
                                relationship or investment.
                    ``(E) Rule of construction.--Nothing in this 
                paragraph may be construed to prevent the Secretary, 
                the Attorney General, or the Administrator of the 
                Federal Aviation Administration from exercising any 
                authority to counter unmanned aircraft systems in 
                effect prior to the date of enactment of the Counter-
                UAS Authority Security, Safety, and Reauthorization 
                Act.'';
            (3) in subsection (d) by striking paragraph (2) and 
        inserting the following:
            ``(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 striking paragraph (3) and inserting the 
                following:
            ``(3) records of such communications are disposed of 
        immediately following an action described in subsection (b)(1) 
        to mitigate a credible threat referred to in subsection (a), 
        except that if the Secretary or the Attorney General determines 
        that maintenance of such records is necessary to investigate or 
        prosecute a violation of law is required by Federal law or for 
        the purpose of litigation, such records may be maintained for 
        not more than 90 days;''; 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 paragraphs (2) and (3) and 
                inserting the following:
            ``(2) Content.--Each briefing required under paragraph (1) 
        shall include the following:
                    ``(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, system, or technology 
                        disrupted the transmission of radio or 
                        electronic signals, including and disaggregated 
                        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 disaggregated by whether any such 
                        harm, damage, or loss was minimized;
                            ``(iii) resulted in 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 the following:
                            ``(i) The approximate number and nature of 
                        incriminating communications intercepted.
                            ``(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.
                    ``(E) Information on the on the implementation of 
                paragraphs (3) and (4)(A) of subsection (b), including 
                regarding equipment or technology, including electronic 
                equipment to address emerging trends and changes in 
                unmanned aircraft system or unmanned aircraft system-
                related security threats.'';
                    (C) in paragraph (5)--
                            (i) in the first sentence--
                                    (I) by striking ``new technology'' 
                                and inserting ``counter-UAS detection 
                                and mitigation system, equipment, or 
                                technology approved under subsection 
                                (b)(4)''; and
                                    (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
                            (ii) in the second sentence, by striking 
                        ``to the national airspace system'' and 
                        inserting ``to the safety and operation of the 
                        national airspace system''; and
                    (D) by redesignating paragraphs (4) and (5) as 
                paragraphs (3) and (4), respectively;
            (7) by striking subsection (i) and inserting the following:
    ``(i) Termination.--The authority under this section shall 
terminate on October 1, 2029.'';
            (8) 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,'';
                            (ii) in subparagraph (C)--
                                    (I) in clause (i)--
                                            (aa) in subclause (II), by 
                                        striking ``or'' after the 
                                        semicolon; and
                                            (bb) by adding at the end 
                                        the following:
                                    ``(IV) the security or protection 
                                functions for facilities, assets, and 
                                operations of Homeland Security 
                                Investigations; or
                                    ``(V) the security and protection 
                                of public airports (as such term is 
                                defined in section 47102 of title 49, 
                                United States Code) under section 7 of 
                                the Counter-UAS Authority Security, 
                                Safety, and Reauthorization Act;''; and
                                    (II) in clause (ii)--
                                            (aa) in subclause (I)--

                                                    (AA) in item (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''; 
                                                and

                                                    (BB) in item (bb), 
                                                by inserting before the 
                                                semicolon the 
                                                following: ``, and that 
                                                is limited to a 
                                                specified period of 
                                                time and location''; 
                                                and

                                            (bb) 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 subsection 
                (a) and paragraph (4) of subsection (e)''; and
                    (D) in paragraph (8) 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
            (9) by striking subsection (l) and inserting the following:
    ``(l) Annual Report.--Not later than 1 year after the date of 
enactment of the Counter-UAS Authority Security, Safety, and 
Reauthorization Act, and annually thereafter, the Secretary, in 
coordination with the Secretary of Transportation and the Attorney 
General, shall submit to the appropriate congressional committees a 
report that contains the following:
            ``(1) The information required under subsection (g)(2).
            ``(2) A description of any 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 counter-UAS detection or mitigation system, equipment, 
        or technology, on aviation safety, civil aviation and aerospace 
        operations, aircraft airworthiness, or the use of the national 
        airspace system.
            ``(3) A description of the guidance, policies, programs, 
        and procedures established to address privacy, civil rights, 
        and civil liberties issues implicated by the activities carried 
        out pursuant to this section.''; and
            (10) by adding at the end the following:
    ``(m) Counter-UAS System Training.--The Attorney General, in 
coordination with the Secretary of Homeland Security (acting through 
the Director of the Federal Law Enforcement Training Centers) may--
            ``(1) provide training relating to measures to take the 
        actions described in subsection (b)(1); and
            ``(2) establish or designate 1 or more facilities or 
        training centers for the purpose described in paragraph (1).
    ``(n) Counter-UAS Detection and Mitigation System Operator 
Qualification and Training Criteria.--
            ``(1) In general.--The Secretary and Attorney General, in 
        coordination with the Administrator of the Federal Aviation 
        Administration, shall establish standards for initial and 
        recurring training programs or certifications for individuals 
        seeking to operate counter-UAS detection and mitigation 
        systems, equipment, or technology.
            ``(2) Training criteria.--In carrying out paragraph (1), 
        the Secretary and the Attorney General shall, at a minimum--
                    ``(A) consider the potential impacts of such 
                systems, equipment, or technology to aviation safety, 
                civil aviation and aerospace operations, aircraft 
                airworthiness, or the civilian use of airspace, and 
                appropriate actions to maintain aviation safety, as 
                determined by the Administrator;
                    ``(B) establish interagency coordination 
                requirements prior to deployment of such systems, 
                equipment, or technology; and
                    ``(C) establish the frequency at which an 
                individual authorized to operate counter-UAS detection 
                and mitigation systems, equipment, or technology shall 
                complete and renew such training or certification.''.

SEC. 4. FAA COUNTER-UAS ACTIVITIES.

    (a) In General.--Section 44810 of title 49, United States Code, is 
amended to read as follows:
``Sec. 44810. Counter-UAS activities
    ``(a) Authority.--
            ``(1) In general.--The Administrator of the Federal 
        Aviation Administration may take such actions as described in 
        paragraph (2) that are necessary to--
                    ``(A) detect or mitigate a credible threat (as 
                defined by the Secretary of Homeland Security and 
                Attorney General, in consultation with the 
                Administrator) that an operation of an unmanned 
                aircraft or an unmanned aircraft system poses to the 
                safe and efficient operation of the national airspace 
                system; or
                    ``(B) test or evaluate the potential adverse 
                impacts or interference of a counter-UAS detection or 
                mitigation system, equipment, or technology on or with 
                safe airport operations, aircraft navigation, air 
                traffic services, or the safe and efficient operation 
                of the national airspace system.
            ``(2) Authorized actions.--In carrying out paragraph (1), 
        the Administrator may take the following actions:
                    ``(A) Detect, identify, monitor, and track an 
                unmanned aircraft system or unmanned aircraft, without 
                prior consent from the operator of such system or 
                aircraft, including by means of intercept or other 
                access of a wire, oral, or electronic communication 
                used to control the unmanned aircraft system or 
                unmanned aircraft.
                    ``(B) Contact or warn the operator of an unmanned 
                aircraft system of a potential counter-UAS action 
                authorized under this subsection.
                    ``(C) Seize, exercise control of, or otherwise 
                confiscate an unmanned aircraft system or unmanned 
                aircraft.
                    ``(D) Disrupt control of, disable, damage, or 
                destroy an unmanned aircraft or unmanned aircraft 
                system, including by means of intercept or other access 
                of a wire, oral, or electronic communication used to 
                control the unmanned aircraft or unmanned aircraft 
                system.
    ``(b) Applicability of Other Laws.--
            ``(1) In general.--Section 46502 of this title or sections 
        32, 1030, and 1367 and chapters 119 and 206 of title 18 shall 
        not apply to activities authorized by the Administrator 
        pursuant to this section.
            ``(2) Privacy protection.--In implementing the requirements 
        of this section, the Administrator, in coordination with the 
        Attorney General and Secretary of Homeland Security, shall 
        ensure that--
                    ``(A) 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 First and 
                Fourth Amendments to the Constitution of the United 
                States and applicable provisions of Federal law;
                    ``(B) communications to or from an unmanned 
                aircraft system are intercepted or acquired only to the 
                extent necessary to support an action as described 
                under subsection (a)(2);
                    ``(C) records of such communications are disposed 
                of immediately following herein authorized activity to 
                mitigate a credible threat, unless the Administrator, 
                the Secretary of Homeland Security, or the Attorney 
                General determine that maintenance of such records--
                            ``(i) is necessary to investigate or 
                        prosecute a violation of law;
                            ``(ii) would directly support the 
                        Department of Defense, a Federal law 
                        enforcement agency, or the enforcement 
                        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 relating to an action described in 
                        subsection (a)(2);
                            ``(iii) is between the Secretary of 
                        Homeland Security and the Attorney General in 
                        the course of a security or protection 
                        operation of either agency or a joint operation 
                        of such agencies; or
                            ``(iv) is otherwise required by law; and
                    ``(D) to the extent necessary, the Secretary of 
                Homeland Security and the Attorney General are 
                authorized to share threat information, which shall not 
                include communications described in this subsection, 
                with State, local, territorial, or tribal law 
                enforcement agencies in the course of a security or 
                protection operation.
    ``(c) Office of Counter-UAS Activities.--
            ``(1) In general.--There is established within the Federal 
        Aviation Administration an Office of Counter-UAS Activities for 
        purposes of managing and directing the counter-UAS activities 
        of the Administration.
            ``(2) Director.--The Administrator shall designate a 
        Director of Counter-UAS Activities, who shall be the head of 
        the Office.
            ``(3) Duties.--In carrying out the activities described in 
        paragraph (1), the Director shall--
                    ``(A) coordinate with other offices of the 
                Administration to ensure that such activities do not 
                adversely impact aviation safety or the efficiency of 
                the national airspace system;
                    ``(B) lead the development and implementation of 
                counter-UAS activity strategic planning within the 
                Federal Aviation Administration; and
                    ``(C) serve as the Administration's primary point 
                of contact for coordinating counter-UAS activities, 
                including such activities of--
                            ``(i) Federal and State agencies;
                            ``(ii) covered airports; and
                            ``(iii) other relevant stakeholders; and
                    ``(D) carry out other such counter-UAS activities 
                as the Administrator may prescribe.
    ``(d) Interagency Coordination.--
            ``(1) In general.--The Administrator shall coordinate with 
        the Secretary of Homeland Security and the Attorney General to 
        carry out this section, subject to any restrictions of the 
        Secretary or Attorney General's authority to acquire, deploy, 
        and operate counter-UAS systems, equipment, or technology.
            ``(2) Non-delegation.--Nothing under this section shall 
        permit the Administrator to delegate any authority granted to 
        the Administrator to any other Federal agency.
    ``(e) Counter-UAS Detection and Mitigation System Performance 
Requirements.--
            ``(1) In general.--Not later than 270 days after the date 
        of enactment of the Counter-UAS Authority Security, Safety, and 
        Reauthorization Act, the Administrator, in coordination with 
        the Secretary and the Attorney General, shall establish minimum 
        performance requirements for the safe and reliable deployment 
        or use of counter-UAS detection and mitigation systems, 
        equipment, and technology within the national airspace system.
            ``(2) Considerations.--
                    ``(A) Aviation safety.--In establishing minimum 
                performance requirements under paragraph (1), the 
                Administrator shall--
                            ``(i) leverage data collected in testing 
                        and evaluation activities conducted under this 
                        section and any other relevant testing and 
                        evaluation data determined appropriate by the 
                        Administrator;
                            ``(ii) determine the extent to which a 
                        counter-UAS detection or mitigation system, 
                        equipment, or technology can safely operate 
                        without disrupting or interfering with the 
                        operation of aircraft or other national 
                        airspace system users; and
                            ``(iii) establish specific requirements for 
                        the deployment and use of such systems, 
                        equipment, or technology in terminal airspace.
                    ``(B) Efficacy.--In establishing minimum 
                performance requirements under subsection (a), the 
                Administrator shall consider criteria, as determined by 
                the Secretary of Homeland Security, to determine the 
                degree to which counter-UAS detection and mitigation 
                systems, equipment, or technology reliable and 
                effective in detecting or mitigating unauthorized 
                unmanned aircraft system operations independent of data 
                or information provided by the system manufacturer of 
                such unmanned aircraft system.
                    ``(C) Other interference.--In establishing minimum 
                performance requirements under subsection (a), the 
                Administrator shall consider criteria, as determined by 
                the Federal Communications Commission, to determine the 
                extent to which counter-UAS detection and mitigation 
                systems, equipment, or technology can be safely 
                operated without disrupting or interfering with the 
                operation of civilian communications and information 
                technology networks and systems, including such 
                networks and systems that rely on radio frequency or 
                cellular network communications links.
            ``(3) Demonstration.--The Administrator shall develop a 
        standardized process by which a manufacturer or end-user of a 
        counter-UAS detection or mitigation system, equipment, or 
        technology may demonstrate that such system, equipment, or 
        technology meets the requirements established pursuant to 
        paragraph (1), which may include validation by an independent 
        third party.
            ``(4) Rule of construction.--Nothing in paragraph (1) shall 
        require the Administrator to conduct a rulemaking in publishing 
        minimum performance requirements under such paragraph.
    ``(f) Counter-UAS System Testing, Evaluation, and Validation.--
            ``(1) Evaluation and validation.--The Administrator may 
        conduct such testing, evaluation, and validation of counter-UAS 
        detection and mitigation systems, equipment, and technology as 
        necessary to ensure--
                    ``(A) such systems, equipment, and technology will 
                not have an adverse impact on the safe and efficient 
                operation of the national airspace system or 
                transportation safety; and
                    ``(B) such systems, equipment, and technology meet 
                minimum performance requirements under subsection (e).
            ``(2) Testing and training.--Prior to the commencement of 
        any training or testing of counter-UAS systems, equipment, and 
        technology used for detection or mitigation purposes, an 
        agreement shall be established between the testing or training 
        entity and the Administrator to ensure aviation safety.
            ``(3) Airspace hazard mitigation program.--
                    ``(A) Testing program.--In order to test and 
                evaluate counter-UAS systems, equipment, or technology 
                that detect or mitigate potential aviation safety risks 
                posed by unmanned aircraft, the Administrator shall 
                deploy such systems or technology at 5 airports, as 
                appropriate, and any other location the Administrator 
                determines appropriate.
                    ``(B) Testing and evaluation.--Notwithstanding 
                section 46502 or sections 32, 1030, 1367 and chapters 
                119 and 206 of title 18, the Administrator of the 
                Federal Aviation Administration may conduct testing and 
                evaluation of any counter-UAS detection or mitigation 
                system, equipment, or technology to assess potential 
                impacts on, or interference with, safe airport 
                operations, aircraft and air traffic navigation, air 
                traffic services, or the safe and efficient operation 
                of the national airspace system.
                    ``(C) Coordination.--In carrying out this 
                paragraph, the Administrator shall coordinate with the 
                Secretary of Homeland Security and the head of any 
                other Federal agency that the Administrator considers 
                appropriate.
    ``(g) Limitations on Operation of Counter-UAS Systems Manufactured 
by Certain Foreign Enterprises.--
            ``(1) Limitation.--Notwithstanding any other provision of 
        this section, the Administrator may not acquire, deploy, or 
        operate, or authorize the acquisition, deployment, or operation 
        of, a counter-UAS system or any associated elements, including 
        software, manufactured or developed by a covered manufacturer.
            ``(2) International agreements.--This subsection shall be 
        applied in a manner consistent with the obligations of the 
        United States under international agreements in place on the 
        date of enactment of the Counter-UAS Authority Security, 
        Safety, and Reauthorization Act.
            ``(3) Exception.--The Secretary of Transportation is exempt 
        from the limitation under this subsection if the Secretary 
        determines that the operation or procurement of such system 
        supports the safe, secure, or efficient operation of the 
        national airspace system or maintenance of public safety, 
        including activities carried out under the Federal Aviation 
        Administration's Alliance for System Safety of UAS through 
        Research Excellence Center of Excellence, FAA-authorized 
        unmanned aircraft systems test ranges, and any other testing 
        and evaluation activity deemed to support the safe, secure, or 
        efficient operation of the national airspace system or 
        maintenance of public safety, as determined by the Secretary.
            ``(4) Definitions.--In this subsection:
                    ``(A) Covered manufacturer.--The term `covered 
                manufacturer' means an entity that is owned by, 
                controlled by, is a subsidiary of, or is otherwise 
                related legally or financially to, a person based in a 
                country that--
                            ``(i) is identified as a nonmarket economy 
                        country (as defined in section 771 of the 
                        Tariff Act of 1930 (19 U.S.C. 1677)) as of the 
                        date of enactment of the Counter-UAS Authority 
                        Security, Safety, and Reauthorization Act;
                            ``(ii) was identified by the United States 
                        Trade Representative in the most recent report 
                        required by section 182 of the Trade Act of 
                        1974 (19 U.S.C. 2242) as a priority foreign 
                        country under subsection (a)(2) of that 
                        section; and
                            ``(iii) is subject to monitoring by the 
                        Trade Representative under section 306 of the 
                        Trade Act of 1974 (19 U.S.C. 2416).
                    ``(B) Otherwise related legally or financially.--
                The term `otherwise related legally or financially' 
                does not include a minority stake relationship or 
                investment.
    ``(h) Briefings.--
            ``(1) Semiannual briefings and notifications.--
                    ``(A) In general.--The Administrator shall provide 
                the specified committees of Congress a briefing not 
                less than once every 6 months on the activities carried 
                out pursuant to this section.
                    ``(B) Content.--Each briefing required under this 
                paragraph shall include--
                            ``(i) the number of instances and a 
                        description of each instance in which actions 
                        described in subsection (a)(2) have been taken, 
                        including all such instances that--
                                    ``(I) equipment, systems, or 
                                technology disrupted the transmission 
                                of radio or electronic signals, 
                                including and disaggregated 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 
                                disaggregated by whether any such harm, 
                                damage, or loss was minimized;
                                    ``(III) resulted in the successful 
                                seizure, exercise of control, or 
                                confiscation under subsection (a)(2); 
                                or
                                    ``(IV) required the use of 
                                reasonable force under subsection 
                                (a)(2);
                            ``(ii) the frequency and nature of 
                        instances in which communications were 
                        intercepted or acquired during the course of 
                        actions described in subsection (a)(2), 
                        including--
                                    ``(I) the approximate number and 
                                nature of incriminating communications 
                                intercepted;
                                    ``(II) the approximate number and 
                                nature of other communications 
                                intercepted; and
                                    ``(III) the total number of 
                                instances in which records of 
                                communications intercepted or acquired 
                                during the course of actions described 
                                in subsection (a)(2) were--
                                            ``(aa) shared with the 
                                        Department of Justice or 
                                        another Federal law enforcement 
                                        agency, including a list of 
                                        receiving Federal law 
                                        enforcement agencies; or
                                            ``(bb) maintained for more 
                                        than 90 days;
                            ``(iii) the number of instances and a 
                        description of each instance in which 
                        Administrator of the Federal Aviation 
                        Administration has 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
                            ``(iv) information on the actions carried 
                        out under subparagraphs (C) and (D) of 
                        subsection (a)(2), including equipment or 
                        technology to address emerging trends and 
                        changes in unmanned aircraft system or unmanned 
                        aircraft system-related security threats.
                    ``(C) Classification.--
                            ``(i) In general.--Each briefing required 
                        under this subsection shall be in an 
                        unclassified form, but shall be accompanied by 
                        an additional classified briefing at the 
                        request of the Chair or Ranking Member of any 
                        specified committee of Congress.
                            ``(ii) Content of briefings.--Such 
                        briefings shall include, at a minimum--
                                    ``(I) a description of instances in 
                                which an active mitigation action under 
                                this section has been taken, including 
                                all such instances that may have 
                                resulted in harm, damage, or loss to an 
                                individual or to private property; and
                                    ``(II) a description of each 
                                covered site, including the 
                                capabilities of counter-UAS systems 
                                used at such sites.
            ``(2) Notification.--Beginning 180 days after the date of 
        enactment of the Counter-UAS Authority Security, Safety, and 
        Reauthorization Act, the Administrator shall--
                    ``(A) notify the specified committees of Congress 
                of any newly authorized acquisition, deployment, or 
                operation of a counter-UAS system, equipment or 
                technology under this section not later than 90 days 
                after such newly authorized acquisition, deployment, or 
                operation; and
                    ``(B) in providing a notification under 
                subparagraph (A), include a description of options 
                considered to mitigate any identified impacts to the 
                national airspace system related to the use of any 
                counter-UAS system, technology, or equipment operated 
                at a covered site, including the minimization of the 
                use of any technology, equipment or system that 
                disrupts the transmission of radio or electronic 
                signals.
    ``(i) Definitions.--In this section:
            ``(1) Specified committees of congress.--The term 
        `specified committees of Congress' means--
                    ``(A) the Committee on Transportation and 
                Infrastructure, the Committee on Homeland Security, and 
                the Committee on the Judiciary of the House of 
                Representatives; and
                    ``(B) the Committee on Commerce, Science, and 
                Transportation, the Committee on Homeland Security and 
                Governmental Affairs, and the Committee on the 
                Judiciary of the Senate.
            ``(2) State.--The term `State' means a State, the District 
        of Columbia, and a territory or possession of the United 
        States.
    ``(j) Sunset.--This section ceases to be effective on October 1, 
2029.''.
    (b) Clerical Amendment.--The analysis for chapter 448 of title 49, 
United States Code, is amended by striking the item relating to section 
44810 and inserting the following:

``44810. Counter-UAS activities.''.

SEC. 5. ADDITIONAL LIMITED AUTHORITY FOR DETECTION, IDENTIFICATION, 
              MONITORING, AND TRACKING.

    (a) In General.--The Secretary of Homeland Security, in 
coordination with the Administrator of the Federal Aviation 
Administration and the Attorney General, may authorize the acquisition, 
deployment, and operation of approved counter-UAS detection systems, 
equipment or technology intended to be used for the detection of 
unmanned aircraft systems by a covered entity.
    (b) Required Application.--
            (1) In general.--In carrying out this section, the 
        Secretary of Homeland Security, in coordination with the 
        Administrator and the Attorney General, not later than 180 days 
        after the establishment of the list of approved makes and 
        models of counter-UAS detection systems, equipment, and 
        technology, shall establish an application process to authorize 
        the acquisition, deployment, and operation of an approved 
        counter-UAS detection system, equipment, or technology by a 
        Federal, State, local, territorial, or Tribal law enforcement 
        agency, in partnership with a covered entity, at a covered 
        site.
            (2) Application requirements.--The application described in 
        paragraph (1) shall contain--
                    (A) a justifiable need (based on a threat posed by 
                an unmanned aircraft or unmanned aircraft system to a 
                covered site) to detect an unmanned aircraft system 
                with an approved counter-UAS detection system, 
                equipment, or technology;
                    (B) a plan for the acquisition, deployment, and 
                operation of such counter-UAS detection system, 
                equipment, or technology, that shall--
                            (i) be subject to the approval of the 
                        Secretary of Homeland Security, the 
                        Administrator of the Federal Aviation 
                        Administration, and the Attorney General; and
                            (ii) include--
                                    (I) a description of the covered 
                                site or sites at which the counter-UAS 
                                detection system, equipment, or 
                                technology will be deployed and 
                                operated;
                                    (II) a description of the time 
                                periods and dates during which the 
                                counter-UAS detection system, 
                                equipment, or technology will be 
                                operated;
                    (C) a written agreement between the covered entity 
                and a Federal, State, local, or Tribal law enforcement 
                agency to operate such approved counter-UAS detection 
                system, equipment, or technology at a covered site on 
                behalf of such covered entity;
                    (D) proof of completion of initial and recurrent 
                training or certification requirements under section 
                210G(n) of the Homeland Security Act of 2002 (6 U.S.C. 
                124n(n)); and
                    (E) any other requirements the Secretary determines 
                appropriate.
    (c) Agreements.--Upon approval of an application required under 
subsection (b) by the Secretary of Homeland Security, the Secretary 
shall enter into an agreement with the applicable covered entity to 
authorize the acquisition, deployment, and operation of an approved 
counter-UAS detection system, equipment, or technology, that shall 
specify, at a minimum--
            (1) the approved counter-UAS detection system, equipment, 
        or technology to be operated;
            (2) the covered site or sites at which the system, 
        equipment, or technology may be operated;
            (3) the time periods, dates, and circumstances during which 
        the counter-UAS detection system, equipment, or technology may 
        be operated; and
            (4) any terms and conditions on the deployment and 
        operation of an approved counter-UAS detection system, 
        equipment, or technology the Secretary determines necessary to 
        ensure public safety.
    (d) Revocation.--The Secretary shall revoke the authorization or 
approval for the deployment and operation of an approved counter-UAS 
detection system, equipment, or technology pursuant to this section if 
the Secretary determines that the covered entity has not--
            (1) maintained an agreement that is acceptable to the 
        Secretary with a Federal, State, local, or Tribal law 
        enforcement agency to operate such approved counter-UAS 
        detection system, equipment, or technology on behalf of the 
        covered entity;
            (2) complied with the initial and recurrent training or 
        certification requirements under section 210G(n) of the 
        Homeland Security Act of 2002 (6 U.S.C. 124n(n)); and
            (3) complied with the privacy protections under section 
        210G(e) of the Homeland Security Act of 2002 (6 U.S.C. 
        124n(e)).
    (e) Coordination.--The Secretary shall coordinate with the 
Administrator of the Federal Aviation Administration and the Attorney 
General in carrying out the application and agreement processes under 
this section.
    (f) Applicability of Other Laws.--Section 46502 of title 49, United 
States Code, or sections 32, 1030, and 1367 and chapters 119 and 206 of 
title 18, United States Code, shall not apply to activities authorized 
by the Secretary under this section or section 6.
    (g) Previously Acquired Counter-UAS Systems.--If the Administrator 
finds that a covered entity acquired and operated a counter-UAS 
detection system, equipment, or technology prior to the date of 
enactment of this Act, the Secretary may authorize the use of such 
system, equipment, or technology if--
            (1) such system, equipment, or technology meets the minimum 
        performance requirements issued pursuant to section 44810(e) of 
        title 49, United States Code; and
            (2) such covered entity submits an application under 
        subsection (b) and enters into required agreements under 
        subsection (c).
    (h) Audits.--Not later than 18 months after the date of enactment 
of this Act, and every 18 months thereafter, the inspectors general of 
the Department of Transportation, the Department of Homeland Security, 
and the Department of Justice shall conduct a joint audit of the 
implementation of the requirements of this section, section 6, or 
section 7.
    (i) Report to Congress.--Not later than 90 days after the date on 
which the inspectors general complete each audit required under 
subsection (h), the inspector generals shall submit to the appropriate 
committees of Congress a report on the findings of such audit and any 
recommendations related to the administration of this section.
    (j) Termination of Authority.--The authorities under this section 
shall terminate on October 1, 2029.
    (k) Savings Clause.--
            (1) Rules of construction.--
                    (A) Safety and efficiency.--Nothing in this section 
                or section 6 shall be construed to limit or restrict 
                the Administrator of the Federal Aviation 
                Administration from ensuring the safety and efficiency 
                of the national airspace system.
                    (B) Preclusion.--Nothing in this section or section 
                7 shall be construed to preclude a covered entity from 
                acquiring and operating an approved counter-UAS 
                detection system, equipment, or technology without an 
                authorization if the lawful operation of such system, 
                equipment, or technology does not--
                            (i) require the relief provided under 
                        subsection (f); and
                            (ii) adversely impact the safe operation of 
                        the national airspace system.
            (2) Suspension of authority.--
                    (A) In general.--The Administrator of the Federal 
                Aviation Administration, in consultation with the 
                Attorney General, may suspend the authority provided 
                under this section or section 6 if the Administrator--
                            (i) determines that the exercise of such 
                        authority threatens the safety or efficiency of 
                        the national airspace system; and
                            (ii) conveys in writing the determination 
                        to the Secretary of Homeland Security.
                    (B) Reporting.--The Administrator shall notify the 
                appropriate committees of Congress within 48 hours of 
                suspending the authority provided under this section 
                under subparagraph (A).
    (l) Approved Counter-UAS Detection System Defined.--In this 
section, the term ``approved counter-UAS detection system'' means a 
counter-UAS detection system approved under section 210G(b)(4) of the 
Homeland Security Act of 2002 (6 U.S.C. 124n(b)(4)) and that meets the 
minimum performance requirements established pursuant to section 
44810(e) of title 49, United States Code.

SEC. 6. COUNTER-UAS MITIGATION LAW ENFORCEMENT PILOT PROGRAM.

    (a) In General.--Subject to the availability of appropriations for 
such purpose, not later than 180 days after the first determination 
that a counter-UAS system with mitigation capabilities meets the 
requirements of section 44810(e) of title 49, United States Code, the 
Secretary of Homeland Security, in coordination with the Attorney 
General and the Administrator of the Federal Aviation Administration, 
shall establish a pilot program to assess the efficacy of approved 
counter-UAS mitigation systems at covered sites and determine the 
appropriate policies, procedures, and protocols necessary to allow 
State and covered local law enforcement agencies (in coordination with 
the Secretary, Attorney General, and Administrator) to acquire, deploy, 
and operate approved counter-UAS mitigation systems and mitigate 
unauthorized UAS operations on behalf of covered entities.
    (b) Required Application.--
            (1) In general.--In carrying out this section, the 
        Secretary of Homeland Security, in coordination with the 
        Attorney General and the Administrator, shall establish an 
        application process to authorize the acquisition, deployment, 
        and operation of an approved counter-UAS mitigation system, 
        equipment, or technology by a State or covered local law 
        enforcement agency, in partnership with a covered entity, at a 
        covered site.
            (2) Application requirements.--The application described in 
        paragraph (1) shall contain--
                    (A) a justifiable need (based on a threat posed by 
                an unmanned aircraft or unmanned aircraft system to a 
                covered site) to mitigate an unmanned aircraft system 
                with an approved counter-UAS mitigation system, 
                equipment, or technology;
                    (B) a plan for the acquisition, deployment, and 
                operation of such counter-UAS mitigation system, 
                equipment, or technology, that shall--
                            (i) be subject to the approval of the 
                        Secretary of Homeland Security, the Attorney 
                        General, and the Administrator of the Federal 
                        Aviation Administration; and
                            (ii) include--
                                    (I) a description of the covered 
                                site or sites at which the counter-UAS 
                                mitigation system, equipment, or 
                                technology will be deployed and 
                                operated; and
                                    (II) a description of the time 
                                periods and dates during which the 
                                counter-UAS mitigation system, 
                                equipment, or technology will be 
                                operated;
                    (C) a written agreement between the covered entity 
                and a State or covered local law enforcement agency to 
                operate such approved counter-UAS mitigation system, 
                equipment, or technology at a covered site on behalf of 
                such covered entity;
                    (D) proof of completion of initial and recurrent 
                training or certification requirements under section 
                210G(n) of the Homeland Security Act of 2002 (6 U.S.C. 
                124n(n));
                    (E) proof that the airspace above such covered site 
                is restricted by a temporary flight restriction, a 
                determination under section 2209 of the FAA Extension, 
                Safety, and Security Act of 2016 (49 U.S.C. 44802 
                note), or any other similar restriction determined 
                appropriate by the Secretary; and
                    (F) any other requirements the Secretary determines 
                appropriate.
    (c) Agreements.--Upon approval of an application required under 
subsection (b) by the Secretary of Homeland Security, the Secretary 
shall enter into an agreement with the applicable covered entity and 
State or covered local law enforcement agency to authorize the 
acquisition, deployment, operation of an approved counter-UAS 
mitigation system, equipment, or technology, that shall specify, at a 
minimum--
            (1) the approved counter-UAS mitigation system, equipment, 
        or technology to be operated;
            (2) the covered site or sites at which the system, 
        equipment, or technology may be operated;
            (3) the time periods, dates, and circumstances during which 
        the counter-UAS mitigation system, equipment, or technology may 
        be operated;
            (4) any terms and conditions on the deployment and 
        operation of an approved counter-UAS mitigation system, 
        equipment, or technology the Secretary determines necessary to 
        ensure public safety;
            (5) the frequency with which the appropriate Federal agency 
        representatives shall conduct periodic site visits to ensure 
        compliance with the approved terms and conditions of deployment 
        and operations of the approved counter-UAS mitigation system, 
        equipment, or technology;
            (6) the required Federal coordination prior to the 
        mitigation of an unmanned aircraft system by a State or covered 
        local law enforcement agency described in subsection (d)(1); 
        and
            (7) the post-event reporting requirements specified in 
        subsection (d)(3).
    (d) Required Coordination and Notification.--
            (1) In general.--Until the date that is 270 days after the 
        initial deployment of an authorized counter-UAS system, 
        equipment, or technology, the Secretary of Homeland Security 
        shall expressly approve, on a case-by-case basis, the 
        mitigation of unmanned aircraft system by a State or covered 
        local law enforcement agency under this section.
            (2) Verification and notification.--In carrying out 
        paragraph (1), the Secretary of Homeland Security shall--
                    (A) verify that there is a justifiable threat that 
                warrants the use of such counter-UAS system, equipment, 
                or technology;
                    (B) verify that the use of such counter-UAS system, 
                equipment, or technology will--
                            (i) be conducted in a manner consistent 
                        with the agreement between the Secretary and 
                        the State or covered local law enforcement 
                        agency; and
                            (ii) abide by all safety protocols, terms, 
                        and conditions established for the use of such 
                        system, equipment, or technology at the covered 
                        site; and
                    (C) immediately notify the Administrator of the 
                Federal Aviation Administration of the approval 
                provided under this paragraph.
            (3) Report.--
                    (A) In general.--Not later than 24 hours after each 
                mitigation of a UAS conducted under the authorities in 
                this section, the relevant State or covered local law 
                enforcement agency shall submit to the Secretary of 
                Homeland Security, the Administrator of the Federal 
                Aviation Administration, and the Attorney General a 
                post-event report.
                    (B) Contents.--The report under subparagraph (A) 
                shall include all relevant information pertaining to 
                the event, including the drone operation, and 
                subsequent mitigation and enforcement actions, and 
                subsequent enforcement actions, as specified by the 
                Secretary.
    (e) Revocation.--The Secretary shall revoke the authorization or 
approval for the deployment and operation of an approved counter-UAS 
mitigation system, equipment, or technology pursuant to this section if 
the Secretary determines that the covered entity has not--
            (1) maintained an agreement that is acceptable to the 
        Secretary with a State or covered local law enforcement agency 
        to operate such approved counter-UAS mitigation system, 
        equipment, or technology on behalf of the covered entity;
            (2) complied with the initial and recurrent training or 
        certification requirements under section 210G(n) of the 
        Homeland Security Act of 2002 (6 U.S.C. 124n(n)); and
            (3) complied with the privacy protections under section 
        210G(e) of the Homeland Security Act of 2002 (6 U.S.C. 
        124n(e)).
    (f) Coordination.--The Secretary shall coordinate with the 
Administrator of the Federal Aviation Administration and the Attorney 
General in carrying out the application, agreement, and revocation 
processes under this section.
    (g) Selection Criteria.--
            (1) Airspace considerations.--
                    (A) In general.--The Administrator of the Federal 
                Aviation Administration, in coordination with the 
                Secretary of Homeland Security and the Attorney 
                General, shall make a site-specific determination for 
                each covered site selected under the pilot program 
                established under this section to ensure that any 
                potential use of counter-UAS mitigation systems, 
                equipment, or technology at the covered site will not 
                adversely impact the safe operation of the national 
                airspace system, including any airport that is located 
                near the covered site.
                    (B) Ineligibility for participation.--If an adverse 
                impact is identified under subparagraph (A) and cannot 
                be safely mitigated to the satisfaction of the 
                Administrator, the covered site is not eligible for 
                participation in the pilot program established under 
                this section.
            (2) Program size, review, and expansion.--
                    (A) Initial size.--The program established under 
                subsection (a) may include not more than 5 State or 
                covered local law enforcement agencies.
                    (B) Restriction.--No State or covered local law 
                enforcement agency participating in the pilot program 
                established under subsection (a) may operate approved 
                counter-UAS mitigation systems, equipment, or 
                technology at more than 4 covered sites.
                    (C) Review and expansion.--Not later than 18 months 
                after approved counter-UAS mitigation systems, 
                equipment, or technology are deployed for use by State 
                or covered local law enforcement agencies participating 
                in the pilot program established under subsection (a), 
                the Secretary, in coordination with the Administrator 
                and the Attorney General, shall review the preliminary 
                results of such pilot program and, if appropriate, take 
                such actions as may be necessary to revise or expand, 
                subject to the availability of trained personnel, the 
                number of law enforcement agencies permitted to 
                participate in the program by 10.
            (3) Review and expansion.--Not later than 3 years after 
        approved counter-UAS mitigation systems, equipment, or 
        technology are deployed at the 5 covered sites selected under 
        subsection (a), the Secretary, in coordination with the 
        Administrator and the Attorney General, shall review the 
        preliminary results of such pilot program and, if appropriate, 
        take such actions as may be necessary to revise or expand 
        counter-UAS system mitigation authorities, subject to the 
        availability of trained personnel, to not more than 20 covered 
        sites under the pilot program.
    (h) Required Briefing.--Not later than 6 months after the 
establishment of the pilot program under this section, and every 6 
months thereafter, the Secretary shall brief the appropriate committees 
of Congress on the progress and findings of the pilot program 
established under this section, including a description of all 
mitigation events reported under subsection (d).
    (i) Sunset.--The authority under this section shall terminate on 
October 1, 2029.
    (j) Definitions.--In this section:
            (1) Approved counter-uas detection system.--The term 
        ``approved counter-UAS detection system'' means a counter-UAS 
        detection system approved under section 210G(b)(4) of the 
        Homeland Security Act of 2002 (6 U.S.C. 124n(b)(4)) and that 
        meets the minimum performance requirements established pursuant 
        to section 44810(e) of title 49, United States Code.
            (2) Covered local law enforcement agency.--The term 
        ``covered local law enforcement agency'' means a local law 
        enforcement agency that has jurisdiction over an area 
        containing a population of at least 650,000 people.

SEC. 7. COUNTER-UAS SYSTEM PLANNING AND DEPLOYMENT AT AIRPORTS.

    (a) Strategic Airport Planning.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator of the Federal 
        Aviation Administration, in coordination with the Secretary of 
        Homeland Security and the Attorney General, shall develop a 
        plan for operations at covered airports of counter-UAS 
        detection and mitigation systems, equipment, or technology that 
        meet the performance requirements described in section 44810(e) 
        of title 49, United States Code, for purposes of--
                    (A) ensuring the safety and security of aircraft; 
                and
                    (B) responding to a persistent disruption of air 
                traffic operations caused by unmanned aircraft system 
                activity.
            (2) Contents.--The plan required under paragraph (1) shall 
        consider, at a minimum--
                    (A) the roles and responsibilities of--
                            (i) Federal agency personnel, including air 
                        traffic control personnel and Federal Air 
                        Marshal resources;
                            (ii) relevant airport personnel; and
                            (iii) any other stakeholder the 
                        Administrator determines appropriate in the 
                        terminal airspace;
                    (B) operational procedures, protocols, policies, 
                and guidelines pertaining to the deployment of such 
                systems, equipment, or technology;
                    (C) minimum performance requirements for such 
                systems, equipment, or technology;
                    (D) funding responsibilities and mechanisms for the 
                acquisition, deployment, and operation of such systems, 
                equipment or technology;
                    (E) the operational approval process by which such 
                systems, equipment or technology may be deployed;
                    (F) reporting requirements associated with the use 
                of such systems, equipment, or technology;
                    (G) initial operator training and recurrent 
                training requirements;
                    (H) how the remote identification of unmanned 
                aircraft systems can be leveraged for the operation of 
                counter-UAS systems, equipment or technology; and
                    (I) any other content as determined necessary by 
                the Administrator, the Secretary, and the Attorney 
                General.
            (3) Coordination.--In developing the plan described in 
        paragraph (1), the Administrator--
                    (A) shall coordinate with the Secretary of Homeland 
                Security and the Attorney General to consider, and if 
                determined appropriate by the Administrator, include 
                requirements and procedures for--
                            (i) conducting and updating airport-
                        specific vulnerability assessments;
                            (ii) developing airport-specific 
                        coordination and communication requirements 
                        with Federal agencies, local law enforcement, 
                        and airport personnel appropriate for the scope 
                        of such plan;
                            (iii) tactical response and status 
                        reporting during events within the scope of 
                        such plan; and
                            (iv) acquisition and deployment of counter-
                        UAS systems, equipment, or technology within 
                        the scope of such plan; and
                    (B) shall consult with airport and law enforcement 
                stakeholders, including the exclusive bargaining 
                representative of air traffic controllers certified 
                under section 7111 of title 5, United States Code, as 
                appropriate.
            (4) Periodic update.--In carrying out this subsection, the 
        Administrator shall review and update such plan not less than 
        annually.
    (b) Counter-UAS Detection Systems at Airports.--
            (1) In general.--Pursuant to the plan required in 
        subsection (a) and subject to available appropriations, the 
        Administrator, in coordination with the Secretary of Homeland 
        Security, the Attorney General, and other relevant Federal 
        agencies, shall provide for the deployment of approved counter-
        UAS detection systems, equipment, or technology within the 
        terminal airspace of--
                    (A) each large hub airport (as defined in section 
                47102 of title 49, United States Code), not later than 
                30 months after the publication of the performance 
                requirements described in section 44810(e) of title 49, 
                United States Code;
                    (B) a minimum of 3 airports that each have a total 
                annual landed weight of all-cargo of more than 
                7,500,000,000 pounds in 2021 or any year thereafter, 
                not later than 12 months after the publication of the 
                guidance described in subsection (a); and
                    (C) each medium hub airport (as defined in section 
                47102 of title 49, United States Code), not later than 
                4 years after the publication of the performance 
                requirements described in section 44810(e) of title 49, 
                United States Code.
            (2) Pre-deployment activities.--The Administrator of the 
        Federal Aviation Administration, in consultation with the 
        Federal Communications Commission, the National 
        Telecommunications and Information Administration, and other 
        Federal agencies as appropriate, shall conduct site-specific 
        spectrum and suitability assessments for each selected airport 
        under the program, based on the specific counter-UAS detection 
        systems, equipment, or technology intended to be deployed.
    (c) Counter-UAS Mitigation at Airports.--
            (1) Establishment.--Pursuant to the plan required in 
        subsection (a), the Secretary of Homeland Security, jointly 
        with the Administrator of the Federal Aviation Administration 
        and in coordination with the Attorney General, shall, subject 
        to the availability of appropriations, establish a pilot 
        program to assess the feasibility of deploying approved 
        counter-UAS mitigation systems, equipment, and technology 
        capable of mitigating unmanned aircraft and unmanned aircraft 
        systems for purposes of responding to a persistent disruption 
        of air traffic operations caused by unauthorized unmanned 
        aircraft system activity.
            (2) Deployment of counter-uas mitigation systems.--The 
        pilot program shall include deployment of approved counter-UAS 
        mitigation systems, equipment, or technology at up to 5 covered 
        airports not later than 2 years after the publication of the 
        performance requirements described in section 44810(e) of title 
        49, United States Code.
            (3) Selection.--The Administrator shall provide the 
        Secretary of Homeland Security a list of covered airports 
        eligible for inclusion in the pilot program, based on the 
        suitability of each such airport for counter-UAS system, 
        equipment, or technology deployment.
            (4) Pre-deployment activities.--The Administrator shall, in 
        consultation with the Federal Communications Commission, the 
        National Telecommunications and Information Administration, and 
        other Federal agencies as appropriate, conduct site-specific 
        spectrum and suitability assessments for each selected airport 
        under the program, based on the specific counter-UAS mitigation 
        systems, equipment, or technology to be deployed, prior to the 
        operation of such systems at each selected airport.
            (5) Limitations on mitigation activities.--
                    (A) Authorization of mitigation.--No activity to 
                mitigate the operation of an unmanned aircraft or 
                unmanned aircraft system under the pilot program may be 
                carried out without authorization from both the 
                Secretary of Homeland Security and the Administrator.
                    (B) Emergency, temporary deployment.--The Secretary 
                of Homeland Security or the Administrator, may, on a 
                case-by-case basis, authorize an emergency, temporary 
                deployment and operation of systems, equipment, or 
                technology capable of mitigating unmanned aircraft and 
                unmanned aircraft systems to a public airport (as 
                defined under section 47102 of title 49, United States 
                Code) not participating in the pilot program for 
                purposes of responding to a persistent disruption of 
                air traffic operations caused by unauthorized unmanned 
                aircraft system activity.
    (d) Site Specific Planning.--
            (1) In general.--Prior to the deployment and operation of a 
        counter-UAS detection or mitigation system, equipment, or 
        technology at an airport as described in subsection (b) and 
        paragraph (1) of subsection (c), the Secretary and the 
        Administrator shall coordinate with airport personnel, 
        including the exclusive bargaining representative of air 
        traffic controllers certified under section 7111 of title 5, 
        United States Code, State law enforcement, and other relevant 
        stakeholders to develop a site-specific plan for the use of 
        counter-UAS detection and mitigation systems, equipment, or 
        technology at such airport.
            (2) Responsibilities.--A plan required under paragraph (1) 
        shall include--
                    (A) roles and responsibilities of--
                            (i) Federal agency personnel, including air 
                        traffic control personnel;
                            (ii) airport law enforcement and security 
                        personnel;
                            (iii) State law enforcement personnel;
                            (iv) other relevant airport personnel, as 
                        determined by the Secretary and the 
                        Administrator; and
                            (v) any other stakeholder in a terminal 
                        airspace the Secretary and Administrator 
                        determine appropriate;
                    (B) operational procedures, protocols, policies, 
                and guidelines pertaining to the deployment, use, and 
                maintenance of such systems, equipment, or technology;
                    (C) the operational approval process by which such 
                systems, equipment, or technology may be actively 
                deployed and operated;
                    (D) reporting requirements associated with the use 
                of such systems, equipment, or technology;
                    (E) initial and recurring counter-UAS operator 
                training requirements;
                    (F) appropriate consideration of, and updates to, 
                counter-UAS emergency response plans for an airport; 
                and
                    (G) any other content as determined necessary by 
                the Secretary and the Administrator.
    (e) Restriction.--No Federal agency may require an airport operator 
to procure, acquire, deploy, or operate an approved counter-UAS 
detection system, equipment, or technology, or approved counter-UAS 
mitigation system, equipment, or technology for or on behalf of the 
Federal agency.
    (f) Previously Acquired Counter-UAS Systems.--If the Administrator 
finds that an airport acquired and operated a counter-UAS detection 
system, equipment, or technology prior to the date of enactment of this 
Act, the Administrator may authorize the use of such system, equipment, 
or technology under this subsection if--
            (1) such system, equipment, or technology meets the minimum 
        performance requirements issued pursuant to section 44810(e) of 
        title 49, United States Code; and
            (2) such airport agrees to such terms and conditions as the 
        Administrator may prescribe under this subsection.
    (g) Definitions.--In this section:
            (1) Approved counter-uas detection system defined.--The 
        term ``approved counter-UAS detection system'' means a system 
        approved under section 210G(b)(4) of the Homeland Security Act 
        of 2002 (6 U.S.C. 124n(b)(4)) and that meets the minimum 
        performance requirements established pursuant to section 
        44810(e) of title 49, United States Code.
            (2) Approved counter-uas mitigation system defined.--The 
        term ``approved counter-UAS mitigation system'' means a system 
        approved under section 210G(b)(4) of the Homeland Security Act 
        of 2002 (6 U.S.C. 124n(b)(4)) and that meets the minimum 
        performance requirements established pursuant to section 
        44810(e) of title 49, United States Code.

SEC. 8. UAS DETECTION AND MITIGATION ENFORCEMENT AUTHORITY.

    (a) In General.--Chapter 448 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 44815. Unmanned aircraft system detection and mitigation 
              enforcement
    ``(a) Prohibition.--
            ``(1) In general.--No person may carelessly or recklessly 
        operate a system, equipment, or technology to detect, identify, 
        monitor, track, or mitigate an unmanned aircraft system or 
        unmanned aircraft in a manner that adversely impacts or 
        interferes with safe airport operations, navigation, or air 
        traffic services, or the safe and efficient operation of the 
        national airspace system.
            ``(2) Actions by the administrator.--The Administrator of 
        the Federal Aviation Administration may take such action as may 
        be necessary to address the adverse impacts or interference of 
        operations that violate paragraph (1).
    ``(b) Rule of Construction.--The term `person' as used in this 
section does not include--
            ``(1) the Federal Government or any bureau, department, 
        instrumentality, or other agency of the Federal Government; or
            ``(2) an officer, employee, or contractor of the Federal 
        Government or any bureau, department, instrumentality, or other 
        agency of the Federal Government if the officer, employee, or 
        contractor is authorized by the Federal Government or any 
        bureau, department, instrumentality, or other agency of the 
        Federal Government to operate a system or technology referred 
        to in subsection (a)(1).''.
    (b) Penalties Relating to the Operation of Unmanned Aircraft System 
Detection and Mitigation Technologies.--Section 46301(a) of title 49, 
United States Code, is amended by adding at the end the following:
    ``(9) Penalties Relating to the Operation of Unmanned Aircraft 
System Detection and Mitigation Technologies.--Notwithstanding 
paragraphs (1) and (5) of subsection (a), the maximum civil penalty for 
a violation of section 44815 committed by a person described in such 
section, including an individual or small business concern, shall be 
the maximum civil penalty authorized under subsection (a)(1) of this 
section for persons other than an individual or small business 
concern.''.
    (c) Clerical Amendment.--The analysis for chapter 448 of title 49, 
United States Code, is amended by adding at the end the following:

``44815. Unmanned aircraft system detection and mitigation 
                            enforcement''.

SEC. 9. REPORTING ON COUNTER-UAS ACTIVITIES.

    (a) Requirement.--Not later than 180 days after the date of 
enactment of this Act, and annually thereafter, the Secretary of 
Homeland Security shall issue, in coordination with the Administrator 
of the Federal Aviation Administration and the Attorney General, a 
public report summarizing the results of all counter-UAS detection and 
mitigation activities conducted pursuant to this Act during the 
previous year.
    (b) Contents.--The report under subsection (a) shall include--
            (1) information on any violation of, or failure to comply 
        with, this Act or the amendments made by this Act by personnel 
        authorized to conduct detection and mitigation activities, 
        including a description of any such violation or failure;
            (2) data on the number of detection activities conducted, 
        the number of mitigation activities conducted, and the number 
        of instances of communications interception from an unmanned 
        aircraft system;
            (3) whether any unmanned aircraft that experienced 
        mitigation was engaged in First Amendment-protected activities, 
        and whether any unmanned aircraft or unmanned aircraft systems 
        were properly or improperly seized, disabled, damaged, or 
        destroyed as well as methods used to seize, disable, damage, or 
        destroy such aircraft or systems; and
            (4) a description of the efforts of the Federal Government 
        to protect privacy and civil liberties when carrying out 
        counter-UAS detection and mitigation activities.
    (c) Form.--The Secretary shall submit each report under subsection 
(a) in unclassified form and post such report on a publicly available 
website.
                                                 Union Calendar No. 592

118th CONGRESS

  2d Session

                               H. R. 8610

                      [Report No. 118-698, Part I]

_______________________________________________________________________

                                 A BILL

To reauthorize and reform counter-unmanned aircraft system authorities, 
 to improve transparency, security, safety, and accountability related 
              to such authorities, and for other purposes.

_______________________________________________________________________

                           September 20, 2024

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment

                           September 20, 2024

Committees on the Judiciary and Homeland Security discharged; committed 
   to the Committee of the Whole House on the State of the Union and 
                         ordered to be printed