[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5588-S5593]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6054. Mr. PETERS (for himself, Mr. Johnson, and Mr. Portman) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 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. __. SAFEGUARDING THE HOMELAND FROM THE THREATS POSED BY 
                   UNMANNED AIRCRAFT SYSTEMS.

       (a) Short Title.--This section may be cited as the 
     ``Safeguarding the Homeland from the Threats Posed by 
     Unmanned Aircraft Systems Act of 2022''.
       (b) 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)(4) of title 49, United 
     States Code.
       ``(2) The term `airport' has the meaning given the term in 
     section 47102(2) 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 Reform, 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 the 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,

[[Page S5589]]

     and orders issued by the Secretary or the Attorney General, 
     respectively, pertaining to--

       ``(I) protection of a National Special Security Event and 
     Special Event Assessment Rating event;
       ``(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 Event 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 must--
       ``(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 Event 
     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 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);

[[Page S5590]]

       ``(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 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 
     (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 2022, 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 (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 (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 (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 after the 5-year period beginning 
     on 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 2022.
       ``(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 2022, 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, 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 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 (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.

[[Page S5591]]

       ``(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, 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, 
     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 
     subparagraph (A), 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, respectively, 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 (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 (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 have no adverse impact, or will not, 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, respectively, 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, 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

[[Page S5592]]

     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 2023, 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 
     2022, the Secretary and the Attorney General shall, 
     respectively, 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 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, respectively or 
     jointly, as appropriate, submit a notification of the 
     deployment to the appropriate committees of Congress.

[[Page S5593]]

       ``(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, 
     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 2022 and the 
     authority for 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 2022.
       ``(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), and 
     (f).
       ``(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 
     (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.''.
                                 ______