[Congressional Record Volume 164, Number 93 (Wednesday, June 6, 2018)]
[Senate]
[Pages S3237-S3238]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2314. Mr. JOHNSON (for himself, Mrs. McCaskill, Mr. Hoeven, Ms.
Heitkamp, Mr. Cassidy, and Mr. Jones) submitted an amendment intended
to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for
himself and Mr. McCain) and intended to be proposed to the bill H.R.
5515, to authorize appropriations for fiscal year 2019 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 appropriate place, insert the following:
SEC. __. PREVENTING EMERGING THREATS.
(a) Protection of Certain Facilities and Assets From
Unmanned Aircraft.--
(1) In general.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by
adding at the end the following:
``Sec. 210G. Protection of certain facilities and assets from
unmanned aircraft
``(a) Authority.--Notwithstanding section 46502 of title
49, United States Code, or any provision of title 18, United
States Code, the Secretary and the Attorney General may, for
their respective Departments, take, and may authorize
personnel of the Department of Homeland Security or the
Department of Justice with assigned duties that include
safety, security, or protection of personnel, facilities, or
assets, to take, such actions described in subsection (b)(1)
that are necessary to mitigate the threat (as defined by the
Secretary or the Attorney General, 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) Actions Described.--
``(1) In general.--The actions authorized in subsection (a)
are the following:
``(A) 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, 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 to disable, damage, or destroy
the unmanned aircraft system or unmanned aircraft.
``(2) Required coordination.--The Secretary and the
Attorney General shall develop for their respective
Departments the actions described in paragraph (1) in
coordination with the Secretary of Transportation.
``(3) Research, testing, training, and evaluation.--The
Secretary shall conduct research, testing, training on, and
evaluation of any equipment, including any electronic
equipment, to determine its capability and utility to enable
any of the actions described in paragraph (1).
``(4) Coordination.--The Secretary shall coordinate with
the Administrator of the Federal Aviation Administration when
paragraph (3) might affect aviation safety, civilian aviation
and aerospace operations, or aircraft airworthiness.
``(c) Forfeiture.--Any unmanned aircraft system or unmanned
aircraft described in subsection (a) that is seized by the
Secretary or the Attorney General is subject to forfeiture to
the United States.
``(d) Regulations and Guidance.--
``(1) In general.--The Secretary, the Attorney General, and
the Secretary of Transportation may prescribe regulations and
shall issue guidance in the respective areas of each
Secretary or the Attorney General to carry out this section.
``(2) Coordination.--
``(A) Coordination with department of transportation.--The
Secretary and the Attorney General shall coordinate the
development of their respective guidance under paragraph (1)
with the Secretary of Transportation.
``(B) Effect on aviation safety.--The Secretary and the
Attorney General shall respectively 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.
``(e) Privacy Protection.--The regulations prescribed or
guidance issued under subsection (d) shall ensure that--
``(1) the interception or acquisition of, or access to,
communications to or from an unmanned aircraft system under
this section is conducted in a manner consistent with the
Fourth amendment to the Constitution of the United States and
applicable provisions of Federal law;
``(2) communications to or from an unmanned aircraft system
are intercepted, acquired, or accessed only to the extent
necessary to support a function of the Department of Homeland
Security or the Department of Justice;
``(3) records of such communications are not maintained for
more than 180 days unless the Secretary or the Attorney
General determine that maintenance of such records--
``(A) is necessary to support one or more functions of the
Department of Homeland Security or the Department of Justice,
respectively; or
``(B) is required for a longer period to support a civilian
law enforcement agency or by any other applicable statute or
regulation; and
``(4) such communications are not disclosed outside the
Department of Homeland Security or the Department of Justice
unless the disclosure--
``(A) would fulfill a function of the Department of
Homeland Security or the Department of Justice, respectively;
``(B) would support the Department of Defense, another
civilian law enforcement agency, or the 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 arising out of an
action described in subsection (b)(1); or
``(C) is otherwise required by law.
``(f) Budget.--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 2018, a consolidated funding display that identifies the
funding source and funding requirements for the actions
described in subsection (b)(1) within the Department of
Homeland Security or the Department of Justice. The funding
display shall be in unclassified form, but may contain a
classified annex.
``(g) Semiannual Briefings.--
``(1) In general.--On a semiannual basis during the 5-year
period beginning 6 months after the date of enactment of this
section, the Secretary and the Attorney General shall,
respectively, provide a briefing to the appropriate
congressional committees on the activities carried out
pursuant to this section.
``(2) Requirement.--Each briefing required under paragraph
(1) shall be conducted 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 such activities to the National Airspace
System;
``(B) a description of instances where actions described in
subsection (b)(1) have been taken;
``(C) how the Secretary and the Attorney General have
informed the public as to the possible use of authorities
under this section; and
``(D) how the Secretary and the Attorney General have
engaged with Federal, State, and local law enforcement
agencies to implement and use such authorities.
``(4) Unclassified form.--Each briefing required under
paragraph (1) shall be in unclassified form, consistent with
the needs of law enforcement agencies and national security,
but may be accompanied by an additional classified briefing.
``(h) Rule of Construction.--Nothing in this section may be
construed to--
``(1) vest in the Secretary or the Attorney General any
authority of the Secretary of Transportation or the
Administrator of the Federal Aviation Administration under
title 49, United States Code;
``(2) vest in the Secretary of Transportation or the
Administrator of the Federal Aviation Administration any
authority of
[[Page S3238]]
the Secretary or the Attorney General under this title;
``(3) vest in the Secretary of Homeland Security any
authority of the Attorney General under this title; and
``(4) vest in the Attorney General any authority of the
Secretary of Homeland Security under this title.
``(i) Termination.--
``(1) In general.--Except as provided in paragraph (2), the
authority to carry out this section with respect to the
covered facilities or assets shall terminate on the date that
is 5 years after the date of enactment of this section.
``(2) Extension.--The President may extend by 180 days the
termination date described in paragraph (1) if, not later
than 45 days before the termination date described in
paragraph (1), the President certifies to Congress that such
extension is in the national security interest of the United
States.
``(j) Scope of Authority.--Nothing in this section shall be
construed to provide the Secretary or the Attorney General
with additional authorities beyond those described in
subsections (a), (b)(1), and (k)(3)(C)(iii).
``(k) Definitions.--In this section:
``(1) The term `appropriate congressional committees'
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 Energy
and Commerce, and the Committee on the Judiciary of the House
of Representatives.
``(2) 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.
``(3) The term `covered facility or asset' means any
facility or asset that--
``(A) is identified by the Secretary or the Attorney
General, in consultation with the Secretary of Transportation
with respect to potentially impacted airspace, through a
risk-based assessment for purposes of this section;
``(B) is located in the United States (including the
territories and possessions, territorial seas or navigable
waters of the United States); and
``(C) directly relates to--
``(i) a mission authorized to be performed by the
Department, consistent with governing statutes, regulations,
and orders issued by the Secretary, relating to--
``(I) security operations by the United States Coast Guard
and U.S. Customs and Border Protection, including securing
facilities, aircraft, and authorized vessels, whether moored
or underway;
``(II) United States Secret Service protection operations
pursuant to sections 3056 and 3056A of title 18, United
States Code; or
``(III) protection of facilities pursuant to section 1315
of title 40, United States Code;
``(ii) a mission authorized to be performed by the
Department of Justice, consistent with governing statutes,
regulations, and orders issued by the Attorney General,
relating to--
``(I) personnel protection operations by the Federal Bureau
of Investigation and the United States Marshals Service,
including the protection of Federal jurists, court officers,
witnesses and other persons in the interests of justice, as
specified in section 566(e) of title 28, United States Code;
``(II) penal, detention, and correctional operations
conducted by the Federal Bureau of Prisons considered to be
high-risk or assessed to be a potential target for unlawful
unmanned aircraft activity; or
``(III) protection of the buildings and grounds leased,
owned, or operated by or for the Department of Justice
identified as essential to the function of the Department of
Justice, and the provision of security for Federal courts, as
specified in section 566(a) of title 28, United States Code;
and
``(iii) a mission authorized to be performed by the
Department of Homeland Security 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, relating to--
``(I) National Special Security Events and Special Event
Assessment Rating events;
``(II) upon the request of a State's governor or attorney
general, providing support to State, local, or tribal law
enforcement to ensure protection of people and property at
mass gatherings, where appropriate and within available
resources;
``(III) active Federal law enforcement investigations,
emergency responses, or security operations; or
``(IV) in the event that either the Department of Homeland
Security or the Department of Justice has identified a
national security threat against the United States and the
threat could involve unlawful use of an unmanned aircraft,
responding to such national security threat.
``(4) The terms `electronic communication', `intercept',
`oral communication', and `wire communication' have the
meaning given those terms in section 2510 of title 18, United
States Code.
``(5) 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.
``(6) For purposes of subsection (a), the term `personnel'
means--
``(A) officers and employees of the Department of Homeland
Security or the Department of Justice; or
``(B) individuals employed by contractors of the Department
of Homeland Security who are subject to the supervision,
control, or direction of the respective department and are
assigned by that department to perform the duties described
in subsection (a) in accordance with regulations or guidance
established under subsection (d).
``(7) The terms `unmanned aircraft' and `unmanned aircraft
system' have the meanings given those terms in section 331 of
the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101
note).
``(l) Department of Homeland Security Assessment.--
``(1) Report.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall issue an
assessment to the appropriate congressional committees,
including--
``(A) an evaluation of the threat from unmanned aircraft
systems to United States critical infrastructure (as defined
in this Act) and to domestic large hub airports (as defined
in section 40102(a)(29) of title 49, United States Code);
``(B) an evaluation of current Federal and State, local, or
tribal law enforcement authorities to counter the threat
identified in subparagraph (A), including section 99.7 of
title 14, Code of Federal Regulations, or any successor
thereto;
``(C) an evaluation of the knowledge of, efficiency of, and
effectiveness of current procedures and resources available
to owners of critical infrastructure and domestic large hub
airports when they believe a threat from unmanned aircraft
systems is present and what additional actions, if any, the
Department could implement under existing authorities to
assist these entities to counter the threat identified in
subparagraph (A);
``(D) an assessment of what, if any, additional authorities
the Department needs to counter the threat identified in
subparagraph (A); and
``(E) an assessment of what, if any, additional research
and development the Department needs to counter the threat
identified in subparagraph (A).
``(2) Unclassified form.--The report required under
paragraph (1) shall be submitted in unclassified form, but
may contain a classified annex.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 210F the
following :
``Sec. 210G. Protection of certain facilities and assets from unmanned
aircraft.''.
(b) Department of Homeland Security Efforts to Help Protect
Individuals From Vehicular Terrorism.--
(1) Definition.--In this subsection--
(A) the term ``emergency response providers'' has the
meaning given the term in section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101); and
(B) the term ``vehicular terrorism'' means an action that
uses automotive transportation to inflict violence and
intimidation on individuals for a political purpose.
(2) Assessment.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security
shall--
(A) assess the threat of vehicular terrorism and activities
the Department of Homeland Security is undertaking to support
emergency response providers and the private sector to
prevent, mitigate, and respond to vehicular terrorism; and
(B) based on the assessment conducted under subparagraph
(A), brief the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives on--
(i) the findings of the assessment; and
(ii) a strategy to improve the efforts of the Department of
Homeland Security to support emergency response providers and
the private sector to prevent, mitigate, and respond to the
threat of vehicular terrorism.
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