[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5896-S5898]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6365. Mr. JOHNSON 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 end of subtitle G of title X, add the following:

     SEC. 1077. COUNTERING EMERGING AERIAL THREATS TO DIPLOMATIC 
                   SECURITY.

       Title I of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2561a et seq.) is amended by adding at the 
     end the following:

     ``SEC. 64. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM 
                   UNMANNED AIRCRAFT.

       ``(a) Definitions.--In this section:
       ``(1) The term `appropriate committees of Congress' means--
       ``(A) the Committee on Foreign Relations, the Committee on 
     the Judiciary, the Committee on Commerce, Science, and 
     Transportation, and the Select Committee on Intelligence of 
     the Senate; and
       ``(B) the Committee on Foreign Affairs, the Committee on 
     the Judiciary, the Committee on Transportation and 
     Infrastructure, the Committee on Energy and Commerce, and the 
     Permanent Select Committee on Intelligence 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, 
     United States Code.
       ``(3) 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 activity by the Secretary of 
     State, in coordination with the Secretary of Transportation 
     with respect to potentially impacted airspace, through a 
     risk-based assessment;
       ``(B) is located in the United States; and
       ``(C) directly relates to the security or protection 
     operations of the Department of State, including operations 
     pursuant to--
       ``(i) section 37; or
       ``(ii) the Omnibus Diplomatic Security and Antiterrorism 
     Act of 1986 (22 U.S.C. 4801 et seq.).
       ``(4) 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.
       ``(5)(A) The term `personnel' means--
       ``(i) an officer, employee, or contractor of the Department 
     of State, who is authorized to perform duties that include 
     safety, security, or protection of people, facilities, or 
     assets; or
       ``(ii) an employee who is trained and certified to perform 
     those duties, including training specific to countering 
     unmanned aircraft threats and mitigating risks in the 
     national airspace.
       ``(B) To qualify for use of the authorities described in 
     subsection (b), a contractor conducting operations described 
     in that subsection must--
       ``(i) be directly contracted by the Department of State;
       ``(ii) provide, in the contract, insurance coverage 
     sufficient to compensate tort victims;
       ``(iii) operate at a government-owned or government-leased 
     facility or asset;
       ``(iv) not conduct inherently governmental functions;
       ``(v) be trained to safeguard privacy and civil liberties; 
     and
       ``(vi) be trained and certified, including use-of-force 
     training and certification, by the Department of State to 
     meet the established standards and regulations of the 
     Department of State.
       ``(6) 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 of State, 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 (c).
       ``(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 (c).
       ``(C) Potential consequences of the impacts of any actions 
     taken under subsection (c) 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) 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.
       ``(7) 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 State.--
     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 of State may 
     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 (c) that are necessary to detect, identify, 
     monitor, track, and mitigate a credible threat (as defined by 
     the Secretary of State, 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) Actions Described.--
       ``(1) In general.--The actions authorized by subsection (b) 
     are the following:

[[Page S5897]]

       ``(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.
       ``(2) Temporary flight restrictions.--A temporary flight 
     restriction shall be timely published prior to undertaking 
     any actions described in paragraph (1).
       ``(d) 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 of State 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 (c).
       ``(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) Coordination for research, testing, training, and 
     evaluation.--The Secretary of State 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.
       ``(e) Forfeiture.--Any unmanned aircraft system or unmanned 
     aircraft that is seized by the Secretary of State 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.
       ``(f) Regulations and Guidance.--The Secretary of State, 
     and the Secretary of Transportation--
       ``(1) may prescribe regulations to carry out this section; 
     and
       ``(2) in developing regulations described in paragraph (1), 
     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.
       ``(g) Coordination.--
       ``(1) In general.--The Secretary of State 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 of State shall, 
     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 of State 
     shall coordinate the development of guidance under subsection 
     (f) 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 of State shall coordinate the 
     development of the actions described in subsection (c) with 
     the Secretary of Transportation (through the Administrator of 
     the Federal Aviation Administration) and the Assistant 
     Secretary of Commerce for Communications and Information and 
     Administrator of the National Telecommunications and 
     Information Administration.
       ``(h) Privacy Protection.--
       ``(1) In general.--Any regulation or guidance issued to 
     carry out an action under subsection (c) by the Secretary of 
     State shall ensure for the Department of State, 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 (c);
       ``(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 
     of State 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 of State 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 (c);
       ``(v) is between the Department of State and a Federal law 
     enforcement agency in the course of a security or protection 
     operation of either agency or a joint operation of such 
     agencies; or
       ``(vi) is otherwise required by law;
       ``(i) Budget.--
       ``(1) In general.--The Secretary of State shall submit to 
     Congress, as a part of the budget materials of the Department 
     of State for each fiscal year after fiscal year 2023, a 
     consolidated funding display that identifies the funding 
     source for the actions described in subsection (c) within the 
     Department of State.
       ``(2) Classification.--Each funding display submitted under 
     paragraph (1) shall be in unclassified form but may contain a 
     classified annex.
       ``(j) Public Disclosures.--
       ``(1) In general.--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 (c); or
       ``(B) an operational procedure or protocol used to carry 
     out this section.
       ``(2) Access.--Any request for public access to information 
     described in paragraph (1) shall be submitted to the 
     Department of State, which shall process the request as 
     required under section 552(a)(3) of title 5, United States 
     Code.
       ``(k) Assistance and Support.--
       ``(1) Facilities and services of other agencies and non-
     federal entities.--
       ``(A) In general.--The Secretary of State is 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 (c).
       ``(B) Reimbursement.--In accordance with subparagraph (A), 
     the Secretary of State 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)(3)(C), the Secretary of State 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 of State 
     under this section.

[[Page S5898]]

       ``(l) Semiannual Briefings and Notifications.--
       ``(1) In general.--On a semiannual basis beginning 180 days 
     after the date of the enactment of this section, the 
     Secretary of State shall provide a briefing to the 
     appropriate committees of Congress on the activities carried 
     out pursuant to this section.
       ``(2) Requirement.--The Secretary of State 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 (c) 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 of State 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 of State that would significantly 
     affect privacy, civil rights, or civil liberties;
       ``(iii) options considered and steps taken by the Secretary 
     of State 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 (c); 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 of State for 
     more than 180 days; or
       ``(II) shared with any entity other than the Department of 
     State;

       ``(C) an explanation of how the Secretary of State 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; and
       ``(D) 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.
       ``(4) Unclassified form.--Each briefing required under 
     paragraph (1) shall be in unclassified form but may be 
     accompanied by an additional classified briefing.
       ``(m) Rule of Construction.--Nothing in this section shall 
     be construed to--
       ``(1) vest in the Secretary of State any authority of the 
     Secretary of Transportation or the Administrator of the 
     Federal Aviation Administration;
       ``(2) vest in the Secretary of Transportation or the 
     Administrator of the Federal Aviation Administration any 
     authority of the Secretary of State; or
       ``(3) provide a new basis of liability with respect to an 
     officer of a State, local, Tribal, or territorial law 
     enforcement agency who participates in a security or 
     protection operation of the Department of State and in so 
     doing--
       ``(A) is acting in the official capacity of the individual 
     as an officer; and
       ``(B) does not exercise the authority granted to the 
     Secretary of State by this section.
       ``(n) Termination.--The authority provided by subsection 
     (b) shall terminate on the date that is 4 years after the 
     date of the enactment of this section.
       ``(o) Scope of Authority.--Nothing in this section shall be 
     construed to provide the Secretary of State with additional 
     authorities beyond those described in subsection (b).''.
                                 ______