Drone countermeasures for critical infrastructure owners and operators

Section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n) is amended—(1)in subsection (a), by adding at the end the following:

(3)

Authority of critical infrastructure owners and operators

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, and after completing the training and certification detailed in subsection (d)(3), any owner or operator of a covered critical infrastructure facility (or designated security personnel or contractors of such owner or operator) may, subject to subsection (d)(3), take, and authorize personnel to take, such actions as are described in subsection (b)(1) that are necessary to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered critical infrastructure facility.

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(2)in subsection (c), by adding at the end the following:

(3)

Critical infrastructure

Any unmanned aircraft system or unmanned aircraft seized pursuant to subsection (a)(3) shall be subject to forfeiture under the laws of the jurisdiction in which the seizure occurred, consistent with procedures established by the Secretary.

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(3)in subsection (d)—(A)in paragraph (2)(D), by striking counter-UAS each place it appears and inserting counter-unmanned aircraft system;(B)by redesignating paragraph (3) as paragraph (4); and(C)by inserting after paragraph (2) the following:

(3)

Critical infrastructure training and certification

(A)

Requirement

Only personnel who have been trained and certified by the Secretary (in coordination with the Secretary of Energy and the Administrator of the Federal Aviation Administration) may exercise the authorities granted under subsection (a)(3).(B)

Procedures

Not later than 180 days after the date of enactment of the Critical Infrastructure Airspace Defense Act, the Secretary, in coordination with the Secretary of Energy, the Attorney General, the Secretary of Defense, and the Secretary of Transportation, shall establish a national certification program, which may utilize or expand the national schoolhouse established under paragraph (2), that includes—(i)standards for legal, operational, and technical proficiency;(ii)use of only counter-unmanned aircraft system technologies included on the joint authorized list described in paragraph (2)(A)(iii); and(iii)mandatory coordination protocols with the Federal Aviation Administration to protect the national airspace system.(C)

Reports

Not later than 1 year after the date of enactment of the Critical Infrastructure Airspace Defense Act, and biannually thereafter, the Secretary, in coordination with the Secretary of Energy, the Attorney General, the Secretary of Defense, and the Secretary of Transportation, shall submit to the appropriate congressional committees an unclassified report with a classified annex on activities carried out by critical infrastructure owners and operators exercising the authority granted by subsection (a)(3) and subject to the training and certification requirements described in this paragraph, including—(i)a description of the training and certification procedures developed and implemented pursuant to this paragraph; and(ii)a list of personnel that applied for and were certified to exercise the authorities granted by subsection (a)(3).

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(4)in subsection (e), by striking each Secretary and inserting the Secretary, the Secretary of Transportation;(5)in subsection (g)(3), by striking subsection (a)(2) and inserting paragraph (2) or (3) of subsection (a);(6)in subsection (h), by striking subsection (k)(3)(C)(iii) and inserting subsection (l)(3)(C)(iii);(7)in subsection (j), by adding at the end the following:

(3)

Critical infrastructure authority

The authority relating to critical infrastructure facilities established under subsection (a)(3) shall terminate on September 30, 2031.

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(8)in subsection (k), by striking subsection (k)(3)(C)(iii) and inserting subsection (l)(3)(C)(iii); and(9)in subsection (l)—(A)by striking paragraph (10);(B)by redesignating paragraphs (3), (4), (5), (6), (7), (8), and (9) as paragraphs (4), (6), (7), (8), (10), (9), and (5), respectively, and moving the paragraphs so as to appear in numerical order;(C)by inserting after paragraph (2) the following:

(3)The term covered critical infrastructure facility means a critical infrastructure facility designated by the Secretary of Homeland Security, in consultation with the Secretary of Energy, as a high-risk site, including, at a minimum, nuclear generating stations, key substations, transformer stations, and control centers of the bulk power system.

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(D)in paragraph (6), as so redesignated, by striking meaning and inserting meanings;(E)in paragraph (8), as so redesignated, by adding at the end the following:

(C)For purposes of subsection (a)(3), the term personnel means officers, employees, or contractors of the owner or operator of a covered critical infrastructure facility who are assigned duties that include the security or protection of the facility.

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(F)in paragraph (10), as so redesignated, by striking the comma after 44801.