[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1631 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1631

To enhance the authority granted to the Department of Homeland Security 
and Department of Justice with respect to unmanned aircraft systems and 
               unmanned aircraft, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2023

   Mr. Peters (for himself, Mr. Johnson, Ms. Sinema, and Mr. Hoeven) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To enhance the authority granted to the Department of Homeland Security 
and Department of Justice with respect to unmanned aircraft systems and 
               unmanned aircraft, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safeguarding the Homeland from the 
Threats Posed by Unmanned Aircraft Systems Act of 2023''.

SEC. 2. DEPARTMENT OF HOMELAND SECURITY AND DEPARTMENT OF JUSTICE 
              UNMANNED AIRCRAFT SYSTEM DETECTION AND MITIGATION 
              ENFORCEMENT AUTHORITY.

    Subtitle A of title II of the Homeland Security Act of 2002 (6 
U.S.C. 121 et seq.) is amended by striking section 210G (6 U.S.C. 124n) 
and inserting the following:

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

    ``(a) Definitions.--In this section:
            ``(1) The term `air navigation facility' has the meaning 
        given the term in section 40102(a) of title 49, United States 
        Code.
            ``(2) The term `airport' has the meaning given the term in 
        section 47102 of title 49, United Sates Code.
            ``(3) The term `appropriate committees of Congress' means--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on Commerce, 
                Science, and Transportation, and the Committee on the 
                Judiciary of the Senate; and
                    ``(B) the Committee on Homeland Security, the 
                Committee on Transportation and Infrastructure, the 
                Committee on Oversight and Accountability, the 
                Committee on Energy and Commerce, and the Committee on 
                the Judiciary of the House of Representatives.
            ``(4) The term `budget', with respect to a fiscal year, 
        means the budget for that fiscal year that is submitted to 
        Congress by the President under section 1105(a) of title 31, 
        United States Code.
            ``(5) The term `covered facility or asset' means any 
        facility or asset that--
                    ``(A) is identified as high-risk and a potential 
                target for unlawful unmanned aircraft or unmanned 
                aircraft system activity by the Secretary or the 
                Attorney General, or by the chief executive of the 
                jurisdiction in which a State, local, Tribal, or 
                territorial law enforcement agency designated pursuant 
                to subsection (d)(2) operates after review and approval 
                of the Secretary or the Attorney General, in 
                coordination with the Secretary of Transportation with 
                respect to potentially impacted airspace, through a 
                risk-based assessment for purposes of this section 
                (except that in the case of the missions described in 
                clauses (i)(II) and (iii)(I) of subparagraph (C), such 
                missions shall be presumed to be for the protection of 
                a facility or asset that is assessed to be high-risk 
                and a potential target for unlawful unmanned aircraft 
                or unmanned aircraft system activity);
                    ``(B) is located in the United States; and
                    ``(C) directly relates to 1 or more--
                            ``(i) missions authorized to be performed 
                        by the Department, consistent with governing 
                        statutes, regulations, and orders issued by the 
                        Secretary, pertaining to--
                                    ``(I) security or protection 
                                functions of U.S. Customs and Border 
                                Protection, including securing or 
                                protecting facilities, aircraft, and 
                                vessels, whether moored or underway;
                                    ``(II) United States Secret Service 
                                protection operations pursuant to 
                                sections 3056(a) and 3056A(a) of title 
                                18, United States Code, and the 
                                Presidential Protection Assistance Act 
                                of 1976 (18 U.S.C. 3056 note);
                                    ``(III) protection of facilities 
                                pursuant to section 1315(a) of title 
                                40, United States Code;
                                    ``(IV) transportation security 
                                functions of the Transportation 
                                Security Administration; or
                                    ``(V) the security or protection 
                                functions for facilities, assets, and 
                                operations of Homeland Security 
                                Investigations;
                            ``(ii) missions authorized to be performed 
                        by the Department of Justice, consistent with 
                        governing statutes, regulations, and orders 
                        issued by the Attorney General, pertaining to--
                                    ``(I) personal protection 
                                operations by--
                                            ``(aa) the Federal Bureau 
                                        of Investigation as specified 
                                        in section 533 of title 28, 
                                        United States Code; or
                                            ``(bb) the United States 
                                        Marshals Service as specified 
                                        in section 566 of title 28, 
                                        United States Code;
                                    ``(II) protection of penal, 
                                detention, and correctional facilities 
                                and operations conducted by the Federal 
                                Bureau of Prisons and prisoner 
                                operations and transport conducted by 
                                the United States Marshals Service;
                                    ``(III) protection of the buildings 
                                and grounds leased, owned, or operated 
                                by or for the Department of Justice, 
                                and the provision of security for 
                                Federal courts, as specified in section 
                                566 of title 28, United States Code; or
                                    ``(IV) protection of an airport or 
                                air navigation facility;
                            ``(iii) missions authorized to be performed 
                        by the Department or the Department of Justice, 
                        acting together or separately, consistent with 
                        governing statutes, regulations, and orders 
                        issued by the Secretary or the Attorney 
                        General, respectively, pertaining to--
                                    ``(I) protection of National 
                                Special Security Events and Special 
                                Event Assessment Rating events;
                                    ``(II) the provision of support to 
                                a State, local, Tribal, or territorial 
                                law enforcement agency, upon request of 
                                the chief executive officer of the 
                                State or territory, to ensure 
                                protection of people and property at 
                                mass gatherings, that is limited to a 
                                specified duration and location, within 
                                available resources, and without 
                                delegating any authority under this 
                                section to State, local, Tribal, or 
                                territorial law enforcement;
                                    ``(III) protection of an active 
                                Federal law enforcement investigation, 
                                emergency response, or security 
                                function, that is limited to a 
                                specified duration and location; or
                                    ``(IV) the provision of security or 
                                protection support to critical 
                                infrastructure owners or operators, for 
                                static critical infrastructure 
                                facilities and assets upon the request 
                                of the owner or operator;
                            ``(iv) missions authorized to be performed 
                        by the United States Coast Guard, including 
                        those described in clause (iii) as directed by 
                        the Secretary, and as further set forth in 
                        section 528 of title 14, United States Code, 
                        and consistent with governing statutes, 
                        regulations, and orders issued by the Secretary 
                        of the Department in which the Coast Guard is 
                        operating; and
                            ``(v) responsibilities of State, local, 
                        Tribal, and territorial law enforcement 
                        agencies designated pursuant to subsection 
                        (d)(2) pertaining to--
                                    ``(I) protection of National 
                                Special Security Events and Special 
                                Event Assessment Rating events or other 
                                mass gatherings in the jurisdiction of 
                                the State, local, Tribal, or 
                                territorial law enforcement agency;
                                    ``(II) protection of critical 
                                infrastructure assessed by the 
                                Secretary as high-risk for unmanned 
                                aircraft systems or unmanned aircraft 
                                attack or disruption, including 
                                airports in the jurisdiction of the 
                                State, local, Tribal, or territorial 
                                law enforcement agency;
                                    ``(III) protection of government 
                                buildings, assets, or facilities in the 
                                jurisdiction of the State, local, 
                                Tribal, or territorial law enforcement 
                                agency; or
                                    ``(IV) protection of disaster 
                                response in the jurisdiction of the 
                                State, local, Tribal, or territorial 
                                law enforcement agency.
            ``(6) The term `critical infrastructure' has the meaning 
        given the term in section 1016(e) of the Critical 
        Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)).
            ``(7) The terms `electronic communication', `intercept', 
        `oral communication', and `wire communication' have the 
        meanings given those terms in section 2510 of title 18, United 
        States Code.
            ``(8) The term `homeland security or justice budget 
        materials', with respect to a fiscal year, means the materials 
        submitted to Congress by the Secretary and the Attorney General 
        in support of the budget for that fiscal year.
            ``(9)(A) The term `personnel' means--
                    ``(i) an officer, employee, or contractor of the 
                Department or the Department of Justice, who is 
                authorized to perform duties that include safety, 
                security, or protection of people, facilities, or 
                assets; or
                    ``(ii) an employee who--
                            ``(I) is authorized to perform law 
                        enforcement and security functions on behalf of 
                        a State, local, Tribal, or territorial law 
                        enforcement agency designated under subsection 
                        (d)(2); and
                            ``(II) is trained and certified to perform 
                        those duties, including training specific to 
                        countering unmanned aircraft threats and 
                        mitigating risks in the national airspace, 
                        including with respect to protecting privacy 
                        and civil liberties.
            ``(B) To qualify for use of the authorities described in 
        subsection (b) or (c), respectively, a contractor conducting 
        operations described in those subsections shall--
                    ``(i) be directly contracted by the Department or 
                the Department of Justice;
                    ``(ii) operate at a government-owned or government-
                leased facility or asset;
                    ``(iii) not conduct inherently governmental 
                functions;
                    ``(iv) be trained to safeguard privacy and civil 
                liberties; and
                    ``(v) be trained and certified by the Department or 
                the Department of Justice to meet the established 
                guidance and regulations of the Department or the 
                Department of Justice, respectively.
            ``(C) For purposes of subsection (c)(1), the term 
        `personnel' includes any officer, employee, or contractor who 
        is authorized to perform duties that include the safety, 
        security, or protection of people, facilities, or assets, of--
                    ``(i) a State, local, Tribal, or territorial law 
                enforcement agency; and
                    ``(ii) an owner or operator of an airport or 
                critical infrastructure.
            ``(10) The term `risk-based assessment' means an evaluation 
        of threat information specific to a covered facility or asset 
        and, with respect to potential impacts on the safety and 
        efficiency of the national airspace system and the needs of law 
        enforcement and national security at each covered facility or 
        asset identified by the Secretary or the Attorney General, 
        respectively, of each of the following factors:
                    ``(A) Potential impacts to safety, efficiency, and 
                use of the national airspace system, including 
                potential effects on manned aircraft and unmanned 
                aircraft systems or unmanned aircraft, aviation safety, 
                airport operations, infrastructure, and air navigation 
                services relating to the use of any system or 
                technology for carrying out the actions described in 
                subsection (e)(2).
                    ``(B) Options for mitigating any identified impacts 
                to the national airspace system relating to the use of 
                any system or technology, including minimizing, when 
                possible, the use of any technology that disrupts the 
                transmission of radio or electronic signals, for 
                carrying out the actions described in subsection 
                (e)(2).
                    ``(C) Potential consequences of the impacts of any 
                actions taken under subsection (e)(2) to the national 
                airspace system and infrastructure if not mitigated.
                    ``(D) The ability to provide reasonable advance 
                notice to aircraft operators consistent with the safety 
                of the national airspace system and the needs of law 
                enforcement and national security.
                    ``(E) The setting and character of any covered 
                facility or asset, including--
                            ``(i) whether the covered facility or asset 
                        is located in a populated area or near other 
                        structures;
                            ``(ii) whether the covered facility or 
                        asset is open to the public;
                            ``(iii) whether the covered facility or 
                        asset is used for nongovernmental functions; 
                        and
                            ``(iv) any potential for interference with 
                        wireless communications or for injury or damage 
                        to persons or property.
                    ``(F) The setting, character, duration, and 
                national airspace system impacts of National Special 
                Security Events and Special Event Assessment Rating 
                events, to the extent not already discussed in the 
                National Special Security Event and Special Event 
                Assessment Rating nomination process.
                    ``(G) Potential consequences to national security, 
                public safety, or law enforcement if threats posed by 
                unmanned aircraft systems or unmanned aircraft are not 
                mitigated or defeated.
                    ``(H) Civil rights and civil liberties guaranteed 
                by the First and Fourth Amendments to the Constitution 
                of the United States.
            ``(11) The terms `unmanned aircraft' and `unmanned aircraft 
        system' have the meanings given those terms in section 44801 of 
        title 49, United States Code.
    ``(b) Authority of the Department of Homeland Security and 
Department of Justice.--Notwithstanding section 46502 of title 49, 
United States Code, or sections 32, 1030, 1367, and chapters 119 and 
206 of title 18, United States Code, the Secretary and the Attorney 
General may, for their respective Departments, take, and may authorize 
personnel with assigned duties that include the safety, security, or 
protection of people, facilities, or assets to take, actions described 
in subsection (e)(2) that are necessary to detect, identify, monitor, 
track, and mitigate a credible threat (as defined by the Secretary and 
the Attorney General, in consultation with the Secretary of 
Transportation, acting through the Administrator of the Federal 
Aviation Administration) that an unmanned aircraft system or unmanned 
aircraft poses to the safety or security of a covered facility or 
asset.
    ``(c) Additional Limited Authority for Detection, Identification, 
Monitoring, and Tracking.--
            ``(1) In general.--Subject to paragraphs (2) and (3), and 
        notwithstanding sections 1030 and 1367 and chapters 119 and 206 
        of title 18, United States Code, any State, local, Tribal, or 
        territorial law enforcement agency, the Department of Justice, 
        the Department, and any owner or operator of an airport or 
        critical infrastructure may authorize personnel, with assigned 
        duties that include the safety, security, or protection of 
        people, facilities, or assets, to use equipment authorized 
        under this subsection to take actions described in subsection 
        (e)(1) that are necessary to detect, identify, monitor, or 
        track an unmanned aircraft system or unmanned aircraft within 
        the respective areas of responsibility or jurisdiction of the 
        authorized personnel.
            ``(2) Authorized equipment.--Equipment authorized for 
        unmanned aircraft system detection, identification, monitoring, 
        or tracking under this subsection shall be limited to systems 
        or technologies--
                    ``(A) tested and evaluated by the Department or the 
                Department of Justice, including evaluation of any 
                potential counterintelligence or cybersecurity risks;
                    ``(B) that are annually reevaluated for any changes 
                in risks, including counterintelligence and 
                cybersecurity risks;
                    ``(C) determined by the Federal Communications 
                Commission and the National Telecommunications and 
                Information Administration not to adversely impact the 
                use of the communications spectrum;
                    ``(D) determined by the Federal Aviation 
                Administration not to adversely impact the use of the 
                aviation spectrum or otherwise adversely impact the 
                national airspace system; and
                    ``(E) that are included on a list of authorized 
                equipment maintained by the Department, in coordination 
                with the Department of Justice, the Federal Aviation 
                Administration, the Federal Communications Commission, 
                and the National Telecommunications and Information 
                Administration.
            ``(3) State, local, tribal, and territorial compliance.--
        Each State, local, Tribal, or territorial law enforcement 
        agency or owner or operator of an airport or critical 
        infrastructure acting pursuant to this subsection shall--
                    ``(A) prior to any such action, issue a written 
                policy certifying compliance with the privacy 
                protections of subparagraphs (A) through (D) of 
                subsection (j)(2);
                    ``(B) certify compliance with such policy to the 
                Secretary and the Attorney General annually, and 
                immediately notify the Secretary and Attorney General 
                of any noncompliance with such policy or the privacy 
                protections of subparagraphs (A) through (D) of 
                subsection (j)(2); and
                    ``(C) comply with any additional guidance issued by 
                the Secretary or the Attorney General relating to 
                implementation of this subsection.
            ``(4) Prohibition.--Nothing in this subsection shall be 
        construed to authorize the taking of any action described in 
        subsection (e) other than the actions described in paragraph 
        (1) of that subsection.
    ``(d) Pilot Program for State, Local, Tribal, and Territorial Law 
Enforcement.--
            ``(1) In general.--The Secretary and the Attorney General 
        may carry out a pilot program to evaluate the potential 
        benefits of State, local, Tribal, and territorial law 
        enforcement agencies taking actions that are necessary to 
        mitigate a credible threat (as defined by the Secretary and the 
        Attorney General, in consultation with the Secretary of 
        Transportation, acting through the Administrator of the Federal 
        Aviation Administration) that an unmanned aircraft system or 
        unmanned aircraft poses to the safety or security of a covered 
        facility or asset.
            ``(2) Designation.--
                    ``(A) In general.--The Secretary or the Attorney 
                General, with the concurrence of the Secretary of 
                Transportation (acting through the Administrator of the 
                Federal Aviation Administration), may, under the pilot 
                program established under paragraph (1), designate 1 or 
                more State, local, Tribal, or territorial law 
                enforcement agencies approved by the respective chief 
                executive officer of the State, local, Tribal, or 
                territorial law enforcement agency to engage in the 
                activities authorized in paragraph (4) under the direct 
                oversight of the Department or the Department of 
                Justice, in carrying out the responsibilities 
                authorized under subsection (a)(5)(C)(v).
                    ``(B) Designation process.--
                            ``(i) Number of agencies and duration.--On 
                        and after the date that is 180 days after the 
                        date of enactment of the Safeguarding the 
                        Homeland from the Threats Posed by Unmanned 
                        Aircraft Systems Act of 2023, the Secretary and 
                        the Attorney General, pursuant to subparagraph 
                        (A), may designate a combined total of not more 
                        than 12 State, local, Tribal, and territorial 
                        law enforcement agencies for participation in 
                        the pilot program, and may designate 12 
                        additional State, local, Tribal, and 
                        territorial law enforcement agencies each year 
                        thereafter, provided that not more than 60 
                        State, local, Tribal, and territorial law 
                        enforcement agencies in total may be designated 
                        during the 5-year period of the pilot program.
                            ``(ii) Revocation.--The Secretary and the 
                        Attorney General, in consultation with the 
                        Secretary of Transportation (acting through the 
                        Administrator of the Federal Aviation 
                        Administration)--
                                    ``(I) may revoke a designation 
                                under subparagraph (A) if the 
                                Secretary, Attorney General, and 
                                Secretary of Transportation (acting 
                                through the Administrator of the 
                                Federal Aviation Administration) concur 
                                in the revocation; and
                                    ``(II) shall revoke a designation 
                                under subparagraph (A) if the 
                                Secretary, the Attorney General, or the 
                                Secretary of Transportation (acting 
                                through the Administrator of the 
                                Federal Aviation Administration) 
                                withdraws concurrence.
            ``(3) Termination of pilot program.--
                    ``(A) Designation.--The authority to designate an 
                agency for inclusion in the pilot program established 
                under this subsection shall terminate 5 years after the 
                date that is 180 days after the date of enactment of 
                the Safeguarding the Homeland from the Threats Posed by 
                Unmanned Aircraft Systems Act of 2023.
                    ``(B) Authority of pilot program agencies.--The 
                authority of an agency designated under the pilot 
                program established under this subsection to exercise 
                any of the authorities granted under the pilot program 
                shall terminate not later than 6 years after the date 
                that is 180 days after the date of enactment of the 
                Safeguarding the Homeland from the Threats Posed by 
                Unmanned Aircraft Systems Act of 2023, or upon 
                revocation pursuant to paragraph (2)(B)(ii).
            ``(4) Authorization.--Notwithstanding section 46502 of 
        title 49, United States Code, or sections 32, 1030, 1367, and 
        chapters 119 and 206 of title 18, United States Code, any 
        State, local, Tribal, or territorial law enforcement agency 
        designated pursuant to paragraph (2) may authorize personnel 
        with assigned duties that include the safety, security, or 
        protection of people, facilities, or assets to take such 
        actions as are described in subsection (e)(2) that are 
        necessary to detect, identify, monitor, track, or mitigate a 
        credible threat (as defined by the Secretary and the Attorney 
        General, in consultation with the Secretary of Transportation, 
        acting through the Administrator of the Federal Aviation 
        Administration) that an unmanned aircraft system or unmanned 
        aircraft poses to the safety or security of a covered facility 
        or asset in carrying out the responsibilities authorized under 
        subsection (a)(5)(C)(v).
            ``(5) Exemption.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Chair of the Federal Communications Commission, in 
                consultation with the Administrator of the National 
                Telecommunications and Information Administration, 
                shall implement a process for considering the exemption 
                of 1 or more law enforcement agencies designated under 
                paragraph (2), or any station operated by the agency, 
                from any provision of title III of the Communications 
                Act of 1934 (47 U.S.C. 151 et seq.) to the extent that 
                the designated law enforcement agency takes such 
                actions as are described in subsection (e)(2) and may 
                establish conditions or requirements for such 
                exemption.
                    ``(B) Requirements.--The Chair of the Federal 
                Communications Commission, in consultation with the 
                Administrator of the National Telecommunications and 
                Information Administration, may grant an exemption 
                under subparagraph (A) only if the Chair of the Federal 
                Communications Commission in consultation with the 
                Administrator of the National Telecommunications and 
                Information Administration finds that the grant of an 
                exemption--
                            ``(i) is necessary to achieve the purposes 
                        of this subsection; and
                            ``(ii) will serve the public interest.
                    ``(C) Revocation.--Any exemption granted under 
                subparagraph (A) shall terminate automatically if the 
                designation granted to the law enforcement agency under 
                paragraph (2)(A) is revoked by the Secretary or the 
                Attorney General under paragraph (2)(B)(ii) or is 
                terminated under paragraph (3)(B).
            ``(6) Reporting.--Not later than 2 years after the date on 
        which the first law enforcement agency is designated under 
        paragraph (2), and annually thereafter for the duration of the 
        pilot program, the Secretary and the Attorney General shall 
        inform the appropriate committees of Congress in writing of the 
        use by any State, local, Tribal, or territorial law enforcement 
        agency of any authority granted pursuant to paragraph (4), 
        including a description of any privacy or civil liberties 
        complaints known to the Secretary or Attorney General in 
        connection with the use of that authority by the designated 
        agencies.
            ``(7) Restrictions.--Any entity acting pursuant to the 
        authorities granted under this subsection--
                    ``(A) may do so only using equipment authorized by 
                the Department, in coordination with the Department of 
                Justice, the Federal Communications Commission, the 
                National Telecommunications and Information 
                Administration, and the Department of Transportation 
                (acting through the Federal Aviation Administration) 
                according to the criteria described in subsection 
                (c)(2);
                    ``(B) shall, prior to any such action, issue a 
                written policy certifying compliance with the privacy 
                protections of subparagraphs (A) through (D) of 
                subsection (j)(2);
                    ``(C) shall ensure that all personnel undertaking 
                any actions listed under this subsection are properly 
                trained in accordance with the criteria that the 
                Secretary and Attorney General shall collectively 
                establish, in consultation with the Secretary of 
                Transportation, the Administrator of the Federal 
                Aviation Administration, the Chair of the Federal 
                Communications Commission, the Assistant Secretary of 
                Commerce for Communications and Information, and the 
                Administrator of the National Telecommunications and 
                Information Administration; and
                    ``(D) shall comply with any additional guidance 
                relating to compliance with this subsection issued by 
                the Secretary or Attorney General.
    ``(e) Actions Described.--
            ``(1) In general.--The actions authorized under subsection 
        (c) that may be taken by a State, local, Tribal, or territorial 
        law enforcement agency, the Department, the Department of 
        Justice, and any owner or operator of an airport or critical 
        infrastructure, are limited to actions during the operation of 
        an unmanned aircraft system, to detect, identify, monitor, and 
        track the unmanned aircraft system or unmanned aircraft, 
        without prior consent, including by means of intercept or other 
        access of a wire communication, an oral communication, or an 
        electronic communication used to control the unmanned aircraft 
        system or unmanned aircraft.
            ``(2) Clarification.--The actions authorized in subsections 
        (b) and (d)(4) are the following:
                    ``(A) During the operation of the unmanned aircraft 
                system or unmanned aircraft, detect, identify, monitor, 
                and track the unmanned aircraft system or unmanned 
                aircraft, without prior consent, including by means of 
                intercept or other access of a wire communication, an 
                oral communication, or an electronic communication used 
                to control the unmanned aircraft system or unmanned 
                aircraft.
                    ``(B) Warn the operator of the unmanned aircraft 
                system or unmanned aircraft, including by passive or 
                active, and direct or indirect, physical, electronic, 
                radio, and electromagnetic means.
                    ``(C) Disrupt control of the unmanned aircraft 
                system or unmanned aircraft, without prior consent of 
                the operator of the unmanned aircraft system or 
                unmanned aircraft, including by disabling the unmanned 
                aircraft system or unmanned aircraft by intercepting, 
                interfering, or causing interference with wire, oral, 
                electronic, or radio communications used to control the 
                unmanned aircraft system or unmanned aircraft.
                    ``(D) Seize or exercise control of the unmanned 
                aircraft system or unmanned aircraft.
                    ``(E) Seize or otherwise confiscate the unmanned 
                aircraft system or unmanned aircraft.
                    ``(F) Use reasonable force, if necessary, to 
                disable, damage, or destroy the unmanned aircraft 
                system or unmanned aircraft.
    ``(f) Research, Testing, Training, and Evaluation.--
            ``(1) Requirement.--
                    ``(A) In general.--Notwithstanding section 46502 of 
                title 49, United States Code, or any provision of title 
                18, United States Code, the Secretary, the Attorney 
                General, and the heads of the State, local, Tribal, or 
                territorial law enforcement agencies designated 
                pursuant to subsection (d)(2) shall conduct research, 
                testing, and training on, and evaluation of, any 
                equipment, including any electronic equipment, to 
                determine the capability and utility of the equipment 
                prior to the use of the equipment in carrying out any 
                action described in subsection (e).
                    ``(B) Coordination.--Personnel and contractors who 
                do not have duties that include the safety, security, 
                or protection of people, facilities, or assets may 
                engage in research, testing, training, and evaluation 
                activities pursuant to subparagraph (A).
            ``(2) Training of federal, state, local, territorial, and 
        tribal law enforcement personnel.--The Attorney General, acting 
        through the Director of the Federal Bureau of Investigation, 
        may--
                    ``(A) provide training relating to measures to 
                mitigate a credible threat that an unmanned aircraft or 
                unmanned aircraft system poses to the safety or 
                security of a covered facility or asset to any 
                personnel who are authorized to take such measures, 
                including personnel authorized to take the actions 
                described in subsection (e); and
                    ``(B) establish or designate 1 or more facilities 
                or training centers for the purpose described in 
                subparagraph (A).
            ``(3) Coordination for research, testing, training, and 
        evaluation.--
                    ``(A) In general.--The Secretary, the Attorney 
                General, and the heads of the State, local, Tribal, or 
                territorial law enforcement agencies designated 
                pursuant to subsection (d)(2) shall coordinate 
                procedures governing research, testing, training, and 
                evaluation to carry out any provision under this 
                subsection with the Administrator of the Federal 
                Aviation Administration before initiating such activity 
                in order that the Administrator of the Federal Aviation 
                Administration may ensure the activity does not 
                adversely impact or interfere with safe airport 
                operations, navigation, air traffic services, or the 
                safe and efficient operation of the national airspace 
                system.
                    ``(B) Additional requirement.--Each head of a 
                State, local, Tribal, or territorial law enforcement 
                agency designated pursuant to subsection (d)(2) shall 
                coordinate the procedures governing research, testing, 
                training, and evaluation of the law enforcement agency 
                through the Secretary and the Attorney General, in 
                coordination with the Federal Aviation Administration.
    ``(g) Forfeiture.--Any unmanned aircraft system or unmanned 
aircraft that is lawfully seized by the Secretary or the Attorney 
General pursuant to subsection (b) is subject to forfeiture to the 
United States pursuant to the provisions of chapter 46 of title 18, 
United States Code.
    ``(h) Regulations and Guidance.--The Secretary, the Attorney 
General, and the Secretary of Transportation--
            ``(1) may prescribe regulations and shall issue guidance in 
        the respective areas of each Secretary or the Attorney General 
        to carry out this section; and
            ``(2) in developing regulations and guidance described in 
        paragraph (1), shall consult the Chair of the Federal 
        Communications Commission, the Administrator of the National 
        Telecommunications and Information Administration, and the 
        Administrator of the Federal Aviation Administration.
    ``(i) Coordination.--
            ``(1) In general.--The Secretary and the Attorney General 
        shall coordinate with the Administrator of the Federal Aviation 
        Administration before carrying out any action authorized under 
        this section in order that the Administrator may ensure the 
        action does not adversely impact or interfere with--
                    ``(A) safe airport operations;
                    ``(B) navigation;
                    ``(C) air traffic services; or
                    ``(D) the safe and efficient operation of the 
                national airspace system.
            ``(2) Guidance.--Before issuing any guidance, or otherwise 
        implementing this section, the Secretary or the Attorney 
        General shall each coordinate with--
                    ``(A) the Secretary of Transportation in order that 
                the Secretary of Transportation may ensure the guidance 
                or implementation does not adversely impact or 
                interfere with any critical infrastructure relating to 
                transportation; and
                    ``(B) the Administrator of the Federal Aviation 
                Administration in order that the Administrator may 
                ensure the guidance or implementation does not 
                adversely impact or interfere with--
                            ``(i) safe airport operations;
                            ``(ii) navigation;
                            ``(iii) air traffic services; or
                            ``(iv) the safe and efficient operation of 
                        the national airspace system.
            ``(3) Coordination with the faa.--The Secretary and the 
        Attorney General shall coordinate the development of their 
        respective guidance under subsection (h) with the Secretary of 
        Transportation (acting through the Administrator of the Federal 
        Aviation Administration).
            ``(4) Coordination with the department of transportation 
        and national telecommunications and information 
        administration.--The Secretary and the Attorney General, and 
        the heads of any State, local, Tribal, or territorial law 
        enforcement agencies designated pursuant to subsection (d)(2), 
        through the Secretary and the Attorney General, shall 
        coordinate the development for their respective departments or 
        agencies of the actions described in subsection (e) with the 
        Secretary of Transportation (acting through the Administrator 
        of the Federal Aviation Administration), the Assistant 
        Secretary of Commerce for Communications and Information, and 
        the Administrator of the National Telecommunications and 
        Information Administration.
            ``(5) State, local, tribal, and territorial 
        implementation.--Prior to taking any action authorized under 
        subsection (d)(4), each head of a State, local, Tribal, or 
        territorial law enforcement agency designated under subsection 
        (d)(2) shall coordinate, through the Secretary and the Attorney 
        General--
                    ``(A) with the Secretary of Transportation in order 
                that the Administrators of non-aviation modes of the 
                Department of Transportation may evaluate whether the 
                action may have adverse impacts on critical 
                infrastructure relating to non-aviation transportation;
                    ``(B) with the Administrator of the Federal 
                Aviation Administration in order that the Administrator 
                may ensure the action will not adversely impact or 
                interfere with--
                            ``(i) safe airport operations;
                            ``(ii) navigation;
                            ``(iii) air traffic services; or
                            ``(iv) the safe and efficient operation of 
                        the national airspace system; and
                    ``(C) to allow the Department and the Department of 
                Justice to ensure that any action authorized by this 
                section is consistent with Federal law enforcement or 
                in the interest of national security.
    ``(j) Privacy Protection.--
            ``(1) In general.--Any regulation or guidance issued to 
        carry out an action under subsection (e) by the Secretary or 
        the Attorney General shall ensure for the Department or the 
        Department of Justice, respectively, that--
                    ``(A) the interception of, acquisition of, access 
                to, maintenance of, or use of any communication to or 
                from an unmanned aircraft system or unmanned aircraft 
                under this section is conducted in a manner consistent 
                with the First and Fourth Amendments to the 
                Constitution of the United States and any applicable 
                provision of Federal law;
                    ``(B) any communication to or from an unmanned 
                aircraft system or unmanned aircraft are intercepted or 
                acquired only to the extent necessary to support an 
                action described in subsection (e);
                    ``(C) any record of a communication described in 
                subparagraph (B) is maintained only for as long as 
                necessary, and in no event for more than 180 days, 
                unless the Secretary or the Attorney General, as 
                applicable, determines that maintenance of the record 
                is--
                            ``(i) required under Federal law;
                            ``(ii) necessary for the purpose of 
                        litigation; and
                            ``(iii) necessary to investigate or 
                        prosecute a violation of law, including by--
                                    ``(I) directly supporting an 
                                ongoing security operation; or
                                    ``(II) protecting against dangerous 
                                or unauthorized activity by unmanned 
                                aircraft systems or unmanned aircraft; 
                                and
                    ``(D) a communication described in subparagraph (B) 
                is not disclosed to any person not employed or 
                contracted by the Department or the Department of 
                Justice unless the disclosure--
                            ``(i) is necessary to investigate or 
                        prosecute a violation of law;
                            ``(ii) will support--
                                    ``(I) the Department of Defense;
                                    ``(II) a Federal law enforcement, 
                                intelligence, or security agency;
                                    ``(III) a State, local, Tribal, or 
                                territorial law enforcement agency; or
                                    ``(IV) another relevant entity or 
                                person if the entity or person is 
                                engaged in a security or protection 
                                operation;
                            ``(iii) is necessary to support a 
                        department or agency listed in clause (ii) in 
                        investigating or prosecuting a violation of 
                        law;
                            ``(iv) will support the enforcement 
                        activities of a Federal regulatory agency 
                        relating to a criminal or civil investigation 
                        of, or any regulatory, statutory, or other 
                        enforcement action relating to, an action 
                        described in subsection (e);
                            ``(v) is between the Department and the 
                        Department of Justice in the course of a 
                        security or protection operation of either 
                        department or a joint operation of those 
                        departments; or
                            ``(vi) is otherwise required by law.
            ``(2) Local privacy protection.--In exercising any 
        authority described in subsection (c) or (d), a State, local, 
        Tribal, or territorial law enforcement agency designated under 
        subsection (d)(2) or owner or operator of an airport or 
        critical infrastructure shall ensure that--
                    ``(A) the interception of, acquisition of, access 
                to, maintenance of, or use of communications to or from 
                an unmanned aircraft system or unmanned aircraft under 
                this section is conducted in a manner consistent with--
                            ``(i) the First and Fourth Amendments to 
                        the Constitution of the United States; and
                            ``(ii) applicable provisions of Federal 
                        law, and where required, State, local, Tribal, 
                        and territorial law;
                    ``(B) any communication to or from an unmanned 
                aircraft system or unmanned aircraft is intercepted or 
                acquired only to the extent necessary to support an 
                action described in subsection (e);
                    ``(C) any record of a communication described in 
                subparagraph (B) is maintained only for as long as 
                necessary, and in no event for more than 180 days, 
                unless the Secretary, the Attorney General, or the head 
                of a State, local, Tribal, or territorial law 
                enforcement agency designated under subsection (d)(2) 
                determines that maintenance of the record is--
                            ``(i) required to be maintained under 
                        Federal, State, local, Tribal, or territorial 
                        law;
                            ``(ii) necessary for the purpose of any 
                        litigation; or
                            ``(iii) necessary to investigate or 
                        prosecute a violation of law, including by--
                                    ``(I) directly supporting an 
                                ongoing security or protection 
                                operation; or
                                    ``(II) protecting against dangerous 
                                or unauthorized activity by an unmanned 
                                aircraft system or unmanned aircraft; 
                                and
                    ``(D) the communication is not disclosed outside 
                the agency or entity unless the disclosure--
                            ``(i) is necessary to investigate or 
                        prosecute a violation of law;
                            ``(ii) would support the Department of 
                        Defense, a Federal law enforcement, 
                        intelligence, or security agency, or a State, 
                        local, Tribal, or territorial law enforcement 
                        agency;
                            ``(iii) would support the enforcement 
                        activities of a Federal regulatory agency in 
                        connection with a criminal or civil 
                        investigation of, or any regulatory, statutory, 
                        or other enforcement action relating to, an 
                        action described in subsection (e);
                            ``(iv) is to the Department or the 
                        Department of Justice in the course of a 
                        security or protection operation of either the 
                        Department or the Department of Justice, or a 
                        joint operation of the Department and 
                        Department of Justice; or
                            ``(v) is otherwise required by law.
    ``(k) Budget.--
            ``(1) In general.--The Secretary and the Attorney General 
        shall submit to Congress, as a part of the homeland security or 
        justice budget materials for each fiscal year after fiscal year 
        2024, a consolidated funding display that identifies the 
        funding source for the actions described in subsection (e) 
        within the Department and the Department of Justice.
            ``(2) Classification.--Each funding display submitted under 
        paragraph (1) shall be in unclassified form but may contain a 
        classified annex.
    ``(l) Public Disclosures.--
            ``(1) In general.--Notwithstanding any provision of State, 
        local, Tribal, or territorial law, information shall be 
        governed by the disclosure obligations set forth in section 552 
        of title 5, United States Code (commonly known as the `Freedom 
        of Information Act'), if the information relates to--
                    ``(A) any capability, limitation, or sensitive 
                detail of the operation of any technology used to carry 
                out an action described in subsection (e)(1) of this 
                section; or
                    ``(B) an operational procedure or protocol used to 
                carry out this section.
            ``(2) State, local, tribal, or territorial agency use.--
                    ``(A) Control.--Information described in paragraph 
                (1) that is obtained by a State, local, Tribal, or 
                territorial law enforcement agency from a Federal 
                agency under this section--
                            ``(i) shall remain subject to the control 
                        of the Federal agency, notwithstanding that the 
                        State, local, Tribal, or territorial law 
                        enforcement agency has the information 
                        described in paragraph (1) in the possession of 
                        the State, local, Tribal, or territorial law 
                        enforcement agency; and
                            ``(ii) shall not be subject to any State, 
                        local, Tribal, or territorial law authorizing 
                        or requiring disclosure of the information 
                        described in paragraph (1).
                    ``(B) Access.--Any request for public access to 
                information described in paragraph (1) shall be 
                submitted to the originating Federal agency, which 
                shall process the request as required under section 
                552(a)(3) of title 5, United States Code.
    ``(m) Assistance and Support.--
            ``(1) Facilities and services of other agencies and non-
        federal entities.--
                    ``(A) In general.--The Secretary and the Attorney 
                General are authorized to use or accept from any other 
                Federal agency, or any other public or private entity, 
                any supply or service to facilitate or carry out any 
                action described in subsection (e).
                    ``(B) Reimbursement.--In accordance with 
                subparagraph (A), the Secretary and the Attorney 
                General may accept any supply or service with or 
                without reimbursement to the entity providing the 
                supply or service and notwithstanding any provision of 
                law that would prevent the use or acceptance of the 
                supply or service.
                    ``(C) Agreements.--To implement the requirements of 
                subsection (a)(5)(C), the Secretary or the Attorney 
                General may enter into 1 or more agreements with the 
                head of another executive agency or with an appropriate 
                official of a non-Federal public or private agency or 
                entity, as may be necessary and proper to carry out the 
                responsibilities of the Secretary and Attorney General 
                under this section.
            ``(2) Mutual support.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary and the Attorney General are authorized to 
                provide support or assistance, upon the request of a 
                Federal agency or department conducting--
                            ``(i) a mission described in subsection 
                        (a)(5)(C);
                            ``(ii) a mission described in section 130i 
                        of title 10, United States Code; or
                            ``(iii) a mission described in section 4510 
                        of the Atomic Energy Defense Act (50 U.S.C. 
                        2661).
                    ``(B) Requirements.--Any support or assistance 
                provided by the Secretary or the Attorney General shall 
                only be granted--
                            ``(i) for the purpose of fulfilling the 
                        roles and responsibilities of the Federal 
                        agency or department that made the request for 
                        the mission for which the request was made;
                            ``(ii) when exigent circumstances exist;
                            ``(iii) for a specified duration and 
                        location;
                            ``(iv) within available resources;
                            ``(v) on a non-reimbursable basis; and
                            ``(vi) in coordination with the 
                        Administrator of the Federal Aviation 
                        Administration.
    ``(n) Semiannual Briefings and Notifications.--
            ``(1) In general.--On a semiannual basis beginning 180 days 
        after the date of enactment of the Safeguarding the Homeland 
        from the Threats Posed by Unmanned Aircraft Systems Act of 
        2023, the Secretary and the Attorney General shall each provide 
        a briefing to the appropriate committees of Congress on the 
        activities carried out pursuant to this section.
            ``(2) Requirement.--The Secretary and the Attorney General 
        each shall conduct the briefing required under paragraph (1) 
        jointly with the Secretary of Transportation.
            ``(3) Content.--Each briefing required under paragraph (1) 
        shall include--
                    ``(A) policies, programs, and procedures to 
                mitigate or eliminate impacts of activities carried out 
                pursuant to this section to the national airspace 
                system and other critical infrastructure relating to 
                national transportation;
                    ``(B) a description of--
                            ``(i) each instance in which any action 
                        described in subsection (e) has been taken, 
                        including any instances that may have resulted 
                        in harm, damage, or loss to a person or to 
                        private property;
                            ``(ii) the guidance, policies, or 
                        procedures established by the Secretary or the 
                        Attorney General to address privacy, civil 
                        rights, and civil liberties issues implicated 
                        by the actions permitted under this section, as 
                        well as any changes or subsequent efforts by 
                        the Secretary or the Attorney General that 
                        would significantly affect privacy, civil 
                        rights, or civil liberties;
                            ``(iii) options considered and steps taken 
                        by the Secretary or the Attorney General to 
                        mitigate any identified impacts to the national 
                        airspace system relating to the use of any 
                        system or technology, including the 
                        minimization of the use of any technology that 
                        disrupts the transmission of radio or 
                        electronic signals, for carrying out the 
                        actions described in subsection (e)(2); and
                            ``(iv) each instance in which a 
                        communication intercepted or acquired during 
                        the course of operations of an unmanned 
                        aircraft system or unmanned aircraft was--
                                    ``(I) held in the possession of the 
                                Department or the Department of Justice 
                                for more than 180 days; or
                                    ``(II) shared with any entity other 
                                than the Department or the Department 
                                of Justice;
                    ``(C) an explanation of how the Secretary, the 
                Attorney General, and the Secretary of Transportation 
                have--
                            ``(i) informed the public as to the 
                        possible use of authorities granted under this 
                        section; and
                            ``(ii) engaged with Federal, State, local, 
                        Tribal, and territorial law enforcement 
                        agencies to implement and use authorities 
                        granted under this section;
                    ``(D) an assessment of whether any gaps or 
                insufficiencies remain in laws, regulations, and 
                policies that impede the ability of the Federal 
                Government or State, local, Tribal, and territorial 
                governments and owners or operators of critical 
                infrastructure to counter the threat posed by the 
                malicious use of unmanned aircraft systems and unmanned 
                aircraft;
                    ``(E) an assessment of efforts to integrate 
                unmanned aircraft system threat assessments within 
                National Special Security Event and Special Event 
                Assessment Rating event planning and protection 
                efforts;
                    ``(F) recommendations to remedy any gaps or 
                insufficiencies described in subparagraph (D), 
                including recommendations relating to necessary changes 
                in law, regulations, or policies;
                    ``(G) a description of the impact of the 
                authorities granted under this section on--
                            ``(i) lawful operator access to national 
                        airspace; and
                            ``(ii) unmanned aircraft systems and 
                        unmanned aircraft integration into the national 
                        airspace system; and
                    ``(H) a summary from the Secretary of any data and 
                results obtained pursuant to subsection (r), including 
                an assessment of--
                            ``(i) how the details of the incident were 
                        obtained; and
                            ``(ii) whether the operation involved a 
                        violation of Federal Aviation Administration 
                        aviation regulations.
            ``(4) Unclassified form.--Each briefing required under 
        paragraph (1) shall be in unclassified form but may be 
        accompanied by an additional classified briefing.
            ``(5) Notification.--
                    ``(A) In general.--Not later than 30 days after an 
                authorized department, agency, or owner or operator of 
                an airport or critical infrastructure deploys any new 
                technology to carry out the actions described in 
                subsection (e), the Secretary and the Attorney General 
                shall, individually or jointly, as appropriate, submit 
                a notification of the deployment to the appropriate 
                committees of Congress.
                    ``(B) Contents.--Each notification submitted 
                pursuant to subparagraph (A) shall include a 
                description of options considered to mitigate any 
                identified impacts to the national airspace system 
                relating to the use of any system or technology, 
                including the minimization of the use of any technology 
                that disrupts the transmission of radio or electronic 
                signals in carrying out the actions described in 
                subsection (e).
    ``(o) Rule of Construction.--Nothing in this section shall be 
construed to--
            ``(1) vest in the Secretary, the Attorney General, or any 
        State, local, Tribal, or territorial law enforcement agency 
        that is authorized under subsection (c) or designated under 
        subsection (d)(2) any authority of the Secretary of 
        Transportation or the Administrator of the Federal Aviation 
        Administration;
            ``(2) vest in the Secretary of Transportation, the 
        Administrator of the Federal Aviation Administration, or any 
        State, local, Tribal, or territorial law enforcement agency 
        designated under subsection (d)(2) any authority of the 
        Secretary or the Attorney General;
            ``(3) vest in the Secretary any authority of the Attorney 
        General;
            ``(4) vest in the Attorney General any authority of the 
        Secretary; or
            ``(5) provide a new basis of liability with respect to an 
        officer of a State, local, Tribal, or territorial law 
        enforcement agency designated under subsection (d)(2) or who 
        participates in the protection of a mass gathering identified 
        by the Secretary or Attorney General under subsection 
        (a)(5)(C)(iii)(II), who--
                    ``(A) is acting in the official capacity of the 
                individual as an officer; and
                    ``(B) does not exercise the authority granted to 
                the Secretary and the Attorney General by this section.
    ``(p) Termination.--
            ``(1) Termination of additional limited authority for 
        detection, identification, monitoring, and tracking.--The 
        authority to carry out any action authorized under subsection 
        (c), if performed by a non-Federal entity, shall terminate on 
        the date that is 5 years and 6 months after the date of 
        enactment of the Safeguarding the Homeland from the Threats 
        Posed by Unmanned Aircraft Systems Act of 2023 and the 
        authority under the pilot program established under subsection 
        (d) shall terminate as provided for in paragraph (3) of that 
        subsection.
            ``(2) Termination of authorities with respect to covered 
        facilities and assets.--The authority to carry out this section 
        with respect to a covered facility or asset shall terminate on 
        the date that is 7 years after the date of enactment of the 
        Safeguarding the Homeland from the Threats Posed by Unmanned 
        Aircraft Systems Act of 2023.
    ``(q) Scope of Authority.--Nothing in this section shall be 
construed to provide the Secretary or the Attorney General with any 
additional authority other than the authorities described in 
subsections (a)(5)(C)(iii), (b), (c), (d), (f), (m), and (r).
    ``(r) United States Government Database.--
            ``(1) Authorization.--The Department is authorized to 
        develop a Federal database to enable the transmission of data 
        concerning security-related incidents in the United States 
        involving unmanned aircraft and unmanned aircraft systems 
        between Federal, State, local, Tribal, and territorial law 
        enforcement agencies for purposes of conducting analyses of 
        such threats in the United States.
            ``(2) Policies, plans, and procedures.--
                    ``(A) Coordination and consultation.--Before 
                implementation of the database developed under 
                paragraph (1), the Secretary shall develop policies, 
                plans, and procedures for the implementation of the 
                database--
                            ``(i) in coordination with the Attorney 
                        General, the Secretary of Defense, and the 
                        Secretary of Transportation (acting through the 
                        Administrator of the Federal Aviation 
                        Administration); and
                            ``(ii) in consultation with State, local, 
                        Tribal, and territorial law enforcement agency 
                        representatives, including representatives of 
                        fusion centers.
                    ``(B) Reporting.--The policies, plans, and 
                procedures developed under subparagraph (A) shall 
                include criteria for Federal, State, local, Tribal, and 
                territorial reporting of unmanned aircraft systems or 
                unmanned aircraft incidents.
                    ``(C) Data retention.--The policies, plans, and 
                procedures developed under subparagraph (A) shall 
                ensure that data on security-related incidents in the 
                United States involving unmanned aircraft and unmanned 
                aircraft systems that is retained as criminal 
                intelligence information is retained based on the 
                reasonable suspicion standard, as permitted under part 
                23 of title 28, Code of Federal Regulations.''.
                                 <all>