[Congressional Record Volume 163, Number 146 (Monday, September 11, 2017)]
[Senate]
[Page S5147]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 922. Mr. McCAIN (for Mr. Rubio) submitted an amendment intended to 
be proposed by Mr. McCain to the bill H.R. 2810, to authorize 
appropriations for fiscal year 2018 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle E of title X, add the following:

     SEC. ___. UNMANNED AIRCRAFT SYSTEMS THAT POSE A THREAT TO THE 
                   SAFETY OR SECURITY OF CERTAIN DEPARTMENT OF 
                   DEFENSE FACILITIES AND ASSETS.

       (a) Authority.--Notwithstanding any provision of title 18, 
     United States Code, the Secretary of Defense may take, and 
     may authorize the Armed Forces to take, such action described 
     in subsection (b) as is necessary to mitigate the threat (as 
     defined by the Secretary of Defense, in consultation with the 
     Secretary of Transportation) that an unmanned aircraft system 
     or unmanned aircraft poses to the safety or security of a 
     covered facility or asset.
       (b) Forfeiture.--The action described in this subsection is 
     the forfeiture to the United States of any unmanned aircraft 
     system or unmanned aircraft that is seized by the Secretary 
     of Defense or the Armed Forces as described in subsection 
     (a).
       (c) Regulations.--The Secretary of Defense and the 
     Secretary of Transportation may prescribe regulations and 
     shall issue guidance in the respective areas of each 
     Secretary to carry out this section.
       (d) Definitions.--In this section:
       (1) The term ``covered facility or asset'' means any 
     facility or asset that--
       (A) is identified by the Secretary of Defense for purposes 
     of this section;
       (B) is located in the United States (including the 
     territories and possessions of the United States); and
       (C) relates to--
       (i) the nuclear deterrence mission of the Department of 
     Defense, including with respect to nuclear command and 
     control, integrated tactical warning and attack assessment, 
     and continuity of government;
       (ii) the missile defense mission of the Department; or
       (iii) the national security space mission of the 
     Department.
       (2) The terms ``unmanned aircraft system'' and ``unmanned 
     aircraft'' have the meaning given such terms in section 331 
     of the FAA Modernization and Reform Act of 2012 (Public Law 
     112-95; 49 U.S.C. 40101 note).
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