Authority with respect to unmanned aircraft system identification and detection

(a)

In general

Subchapter III of chapter 201 of title 51, United States Code, is amended by adding at the end the following:

20150.

Detecting, identifying, monitoring, and tracking unmanned aircraft systems and unmanned aircraft that threaten certain facilities and assets

(a)

Definitions

In this section:(1)

Appropriate committees of Congress

The term appropriate committees of Congress means—(A)the Committee on Commerce, Science, and Transportation of the Senate; and(B)the Committee on Transportation and Infrastructure and the Committee on Science, Space, and Technology of the House of Representatives.(2)

Covered facility or asset

The term covered facility or asset means a facility or asset of the Administration that—(A)is a NASA center; or(B)is located within the property of the National Aeronautics and Space Administration.(3)

Electronic communication; intercept; oral communication; wire communication

The terms electronic communication, intercept, oral communication, and wire communication have the meanings given those terms in section 2510 of title 18.(4)

Intelligence community

The term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).(5)

Personnel

(A)

In general

The term personnel means an officer, employee, or contractor of the Administration authorized to perform duties that include safety, security, or protection of people, facilities, or assets.(B)

Use of authority

To qualify for use of the authority under subsection (b), a contractor conducting operations under such subsection shall satisfy the following:(i)Be directly contracted by the Administration.(ii)Be assigned to law enforcement duties within the Office of Protective Services of the Administration.(iii)Operate at a Government-owned or Government-leased facility.(iv)Not conduct inherently governmental functions.(v)Be trained and certified by the Administration to meet the established guidance and regulations of the Administration.(vi)Be subject to the penalties specified in section 799 of title 18.(6)

Unmanned aircraft; unmanned aircraft system

The terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section 44801 of title 49.(b)

Authority

Notwithstanding sections 1030 and 1367 and chapters 119 and 206 of title 18, the Administrator may take, and may authorize personnel with assigned duties that include the security or protection of people, facilities, or assets to take, the actions described in subsection (c) that are necessary to detect, identify, monitor, and track an unmanned aircraft system or unmanned aircraft that poses a credible threat (as defined by the Administrator, in consultation with the Secretary of Transportation) to the safety or security of a covered facility or asset.(c)

Actions described

The actions described in this subsection are limited to such actions to detect, identify, monitor, or track the unmanned aircraft systems 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.(d)

Required coordination

The Administrator shall develop the actions described in subsection (c) in coordination with the Administrator of the Federal Aviation Administration.(e)

Training of personnel

The Administrator, in coordination with the Administrator of the Federal Aviation Administration, shall provide training on the actions described in subsection (c) to personnel authorized to take such actions.(f)

Aviation safety

In carrying out any activity under this section, the Administrator shall coordinate with the Administrator of the Federal Aviation Administration in the case of any action authorized under this section that might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of the airspace.(g)

Identification and assessment of covered facilities or assets

(1)

Inventory

The Administrator shall identify each covered facility or asset.(2)

Risk-based assessment

The Administrator, in coordination with the Administrator of the Federal Aviation Administration, shall conduct a risk-based assessment of each covered facility or asset identified with respect to the risk that a credible threat by an unmanned aircraft system or unmanned aircraft poses to the operation of each such covered facility or asset, that includes an evaluation of the following:(A)Threat information specific to each such covered facility or asset.(B)Each of the following factors, with respect to potential impacts on the safety and efficiency of the national airspace system and law enforcement and national security needs while carrying out the actions described in subsection (c):(i)Potential effects to safety, efficiency, or use of the national airspace system, including potential effects on a manned aircraft, an unmanned aircraft system or unmanned aircraft, aviation safety, airport operations, infrastructure, or air navigation services related to the use of any system or technology for carrying out the actions described in subsection (c).(ii)Options for minimizing any identified effect to the national airspace system related to the use of any system or technology, including minimizing any effect to civil aviation or air traffic control systems, for carrying out the actions described in subsection (c).(iii)Potential consequences of the impacts of any actions described in subsection (c) to the national airspace system or infrastructure if not detected, identified, monitored, or tracked.(iv)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.(v)The setting and character of the covered facility or asset at issue, including the following:(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.(IV)Any potential for interference with wireless communications or for injury or damage to persons or property.(vi)Potential consequences to national security, public safety, or law enforcement if a credible threat posed by an unmanned aircraft system or unmanned aircraft to the covered facility or asset at issue is not detected, identified, monitored, or tracked.(C)

Distribution

Not later than 180 days after the date of the enactment of this section, and annually thereafter, the Administrator shall distribute to each relevant department or agency (including the Department of Transportation) and the appropriate committees of Congress, through appropriate means, a list of facilities and assets identified as covered facilities or assets.(h)

Technologies

Technologies used by the Administration to take actions described in subsection (c) shall be limited to systems or technologies that are included on a list of authorized technologies maintained jointly by the Department of Justice, the Department of Homeland Security, the Department of Defense, the Department of Transportation, the Federal Communications Commission, the National Aeronautics and Space Administration, and the National Telecommunications and Information Administration.(i)

Guidance and procedures

The Administrator and the Administrator of the Federal Aviation Administration—(1)shall issue guidance, and may prescribe appropriate procedures as necessary, for the Administrator to carry out this section; and(2)in developing such guidance and procedures, shall consult the Chairman of the Federal Communications Commission, the Assistant Secretary of Commerce for Communications and Information, the Secretary of Transportation, and the head of any other agency determined appropriate by the Administrator.(j)

Coordination

(1)

Coordination with Federal Aviation Administration

With respect to the development of guidance under subsection (i), the Administrator—(A)shall coordinate with the Administrator of the Federal Aviation Administration; and(B)may coordinate with the heads of other agencies, as determined relevant by the Administrator.(2)

Effect on aviation safety

The Administrator shall coordinate with the Secretary of Transportation and the Administrator of the Federal Aviation Administration before issuing any guidance or otherwise implementing this section, if such guidance or implementation might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of airspace.(k)

Privacy protection

The guidance or procedures issued to carry out an action described in subsection (c) by the Administrator shall ensure the following:(1)The interception or acquisition of, access to, or maintenance 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 provisions of Federal law.(2)Any communication to or from an unmanned aircraft system or an unmanned aircraft is intercepted or acquired only to the extent necessary to support an action described in subsection (c).(3)Any record of such communication is maintained only for as long as necessary, and in no event for more than 180 days, unless the Administrator, in consultation with the Attorney General, determines that maintenance of such records is necessary to investigate or prosecute a violation of law or to directly support an ongoing security operation.(4)Such communications are not disclosed to any person not employed or contracted by the Administration for the purposes of carrying out this section unless the disclosure—(A)is necessary to investigate or prosecute a violation of law, including by the Department of Defense or a Federal law enforcement agency;(B)would support 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 (c); or(C)is otherwise required by law.(l)

Semiannual briefings and notifications

(1)

In general

On a semiannual basis beginning 6 months after the date of the enactment of this section, the Administrator shall provide a briefing to the appropriate committees of Congress on the activities carried out pursuant to this section.(2)

Content

Each briefing required under paragraph (1) shall include the following:(A)Information relating to policies, programs, and procedures to minimize or eliminate impacts of the actions carried out pursuant to subsection (c) to the national airspace system.(B)A description of the following:(i)Each instance that an action described in subsection (c) was taken, including any such instance 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 Administrator to address privacy, civil rights, and civil liberties issues implicated by the actions permitted under subsection (c), as well as any changes or subsequent efforts by the Administrator that would significantly affect privacy, civil rights, or civil liberties.(iii)Options considered and steps taken by the Administrator to minimize any identified impacts to the national airspace system related to the use of any system or technology, including minimizing any effects to civil aviation or air traffic control systems, for carrying out the actions described in subsection (c).(iv)Such consultation conducted by the Administrator with other agencies with respect to each action described under clauses (ii) and (iii).(v)Each instance in which a communication intercepted or acquired as a result of an action described in subsection (c) taken during operations of an unmanned aircraft system or unmanned aircraft was—(I)held in the possession of the Administration for more than 180 days; or(II)shared with any entity other than the Administration.(C)An explanation of how the Administrator—(i)informed the public with respect 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 such authorities.(D)An assessment of whether any gaps or insufficiencies in laws, regulations, or policies impede the ability of the Administration to detect, identify, monitor, or track the credible threat posed by malicious, inappropriate, or unauthorized use of an unmanned aircraft system or unmanned aircraft to the safety or security of a covered facility or asset.(E)Recommendations to remedy any such gaps or insufficiencies, including recommendations relating to the potential need for changes in laws, regulations, or policies, as appropriate.(3)

Unclassified form

Each briefing required under paragraph (1) shall be unclassified but may be accompanied by an additional classified briefing.(m)

Scope of authority

This section may not be interpreted to provide the Administrator with any additional authority other than the authorities described in subsections (b) and (g).(n)

Termination

This section shall cease to have effect on September 30, 2031.(o)

Rule of construction

Nothing in this section may be construed—(1)to vest in the Administrator any authority of the head of any other Federal agency;(2)to vest in the head of any other Federal agency any authority of the Administrator; or(3)to modify the spectrum management authorities of the Assistant Secretary of Commerce for Communications and Information under the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.).

(b)

Clerical amendment

The table of contents for chapter 201 of title 51, United States Code, is amended by inserting after the item relating to section 20149 the following new item:

20150. Detecting, identifying, monitoring, and tracking unmanned aircraft systems and unmanned aircraft that threaten certain facilities and assets.