[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5933-S5935]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6419. Ms. CANTWELL 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
[[Page S5934]]
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. ___. DETECTING, IDENTIFYING, MONITORING, AND TRACKING
UNMANNED AIRCRAFT SYSTEMS AND UNMANNED AIRCRAFT
THAT THREATEN CERTAIN FACILITIES AND ASSETS.
(a) In General.--Subchapter III of chapter 201 of title 51,
United States Code, is amended by adding at the end the
following:
``Sec. 20150. Detecting, identifying, monitoring, and
tracking unmanned aircraft systems and unmanned aircraft
that threaten certain facilities and assets
``(a) Authority.--Notwithstanding section 46502 of title 49
or any provision of title 18, the Administrator may take, and
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
(b) that are necessary to detect, identify, monitor, and
track a credible threat (as defined by the Administrator, 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.
``(b) Actions Described.--The actions authorized under
subsection (a) are limited to actions during the operation of
an unmanned aircraft system or unmanned aircraft, 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.
``(c) Research, Testing, Training, and Evaluation.--
``(1) Requirement.--
``(A) In general.--For any action described in subsection
(b), notwithstanding section 46502 of title 49 or any
provision of title 18, the Administrator 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 for any action described in subsection (b).
``(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 personnel.--The Administrator may provide
training on measures to detect, identify, monitor, and track
dangerous or illegally operated unmanned aircraft or unmanned
aircraft systems to any personnel who are authorized to take
such measures, including personnel authorized to take the
actions described in subsection (b).
``(3) Coordination for research, testing, training, and
evaluation.--The Administrator shall coordinate the
procedures of the Administration [SLC Note: To respond to
your comment, the term `Administration' is defined in section
10101 of title 51, United States Code, to mean `the National
Aeronautics and Space Administration'. That definition
applies to all of title 51, including this section, which is
amendatory text destined for title 51 if it is enacted. All
of title 51 uses the term `Administration' in this manner.
Please let me know if you have questions.] governing
research, testing, training, and evaluation to carry out any
provision under this section 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.
``(d) Forfeiture.--Any unmanned aircraft system or unmanned
aircraft that is lawfully seized by the Administrator
pursuant to subsection (a) is subject to forfeiture to the
United States pursuant to the provisions of chapter 46 of
title 18, United States Code.
``(e) Regulations and Guidance.--The Administrator and the
Secretary of Transportation may--
``(1) prescribe regulations and shall issue guidance in the
respective areas of the Administrator or the Secretary of
Transportation to carry out this section; and
``(2) in developing regulations and guidance described in
paragraph (1), consult the Federal Communications Commission,
the Assistant Secretary of Commerce for Communications and
Information, and the Administrator of the Federal Aviation
Administration.
``(f) Coordination.--
``(1) In general.--The Administrator 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 Administrator 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 critical
infrastructure relating to transportation; and
``(B) the Administrator of the Federal Aviation
Administration in order that the Administrator of the Federal
Aviation Administration 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 Administrator shall
coordinate the development of guidance under subsection (e)
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 Administrator shall coordinate the
development of the actions described in subsection (b) with
the Secretary of Transportation (through the Administrator of
the Federal Aviation Administration) and the Assistant
Secretary of Commerce for Communications and Information.
``(g) Privacy Protection.--The regulations or guidance
issued to carry out an action described in subsection (b) by
the Administrator shall ensure that--
``(1) the interception or acquisition of, access to, or
maintenance or use of, any communication to or from an
unmanned aircraft system or an 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;
``(2) any communication to or from an unmanned aircraft
system or an unmanned aircraft is intercepted or acquired
only to the extent necessary to support an action described
in subsection (b);
``(3) any record of such a communication is maintained only
for as long as necessary, and in no event for more than 180
days, unless the Administrator determines that maintenance of
the record is--
``(A) required under Federal law;
``(B) necessary for the purpose of any litigation; or
``(C) 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 and unmanned aircraft;
and
``(4) such a communication is not disclosed to any person
not employed or contracted by the Administration unless the
disclosure--
``(A) is necessary to investigate or prosecute a violation
of law;
``(B) would support--
``(i) the Department of Defense;
``(ii) a Federal law enforcement, intelligence, or security
agency; or
``(iii) another relevant entity or person if the entity or
person is engaged in a security or protection operation;
``(C) is necessary to support a department or agency listed
in subparagraph (B) in investigating or prosecuting a
violation of law;
``(D) would 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 (b);
``(E) is necessary to protect against dangerous or
unauthorized activity by unmanned aircraft systems or
unmanned aircrafts; or
``(F) is otherwise required by law.
``(h) Assistance and Support.--
``(1) In general.--Subject to paragraph (2), the
Administrator is authorized to provide support or assistance,
upon the request of a Federal agency or department
conducting--
``(A) a mission described in section 130i of title 10;
``(B) a mission described in section 210G of the Homeland
Security Act of 2002 (6 U.S.C. 124n); or
``(C) a mission described in section 4510 of the Atomic
Energy Defense Act (50 U.S.C. 2661).
``(2) Requirements.--Any support or assistance provided by
the Administrator shall only be granted--
``(A) 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;
``(B) when exigent circumstances exist;
``(C) for a specified duration and location;
``(D) within available resources;
``(E) on a non-reimbursable basis; and
``(F) in coordination with the Federal Aviation
Administration.
``(i) Semiannual Briefings and Notifications.--
``(1) In general.--On a semiannual basis beginning on the
date that is 180 days after the date of the enactment of this
section, the Administrator shall provide a briefing to the
appropriate congressional committees on the
[[Page S5935]]
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 activities carried out pursuant to this
section to the national airspace system and other critical
national transportation infrastructure;
``(B) a description of--
``(i) each instance in which actions described in
subsection (b) have been taken, including any instance 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 Administrator 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 Administrator that would significantly affect privacy,
civil rights or civil liberties;
``(iii) options considered and steps taken by the
Administrator to mitigate any identified impacts to the
national airspace system related 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 (b); and
``(iv) each instance in which a communication intercepted
or acquired during the course of operations of an unmanned
aircraft system or an unmanned aircraft was--
``(I) held in the possession of the Administration for more
than 180 days; or
``(II) shared with any entity other than the
Administration;
``(C) an explanation of how the Administrator 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 enforcement agencies to implement and use such
authorities;
``(D) an assessment of whether any gaps or insufficiencies
remain in laws, regulations, and policies that impede the
ability of the Administration to detect, identify, monitor,
and track the threat posed by the malicious use of unmanned
aircraft systems and unmanned aircrafts;
``(E) recommendations to remedy any such gaps or
insufficiencies, including recommendations relating to
necessary changes in law, regulations, or policies; and
``(F) a description of the impact of the authorities
granted under this section on--
``(i) lawful operator access to national airspace; and
``(ii) the integration of unmanned aircraft systems and
unmanned aircrafts 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.
``(j) Rule of Construction.--Nothing in this section may be
construed--
``(1) to vest in the Administrator any authority of the
Secretary of Transportation or the Administrator of the
Federal Aviation Administration; or
``(2) to vest in the Secretary of Transportation or the
Administrator of the Federal Aviation Administration any
authority of the Administrator.
``(k) Scope of Authority.--Nothing in this section shall be
construed to provide the Administrator with any additional
authority other than the authorities described in subsections
(a), (c), and (d).
``(l) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(B) the Committee on Transportation and Infrastructure
and the Committee on Science, Space, and Technology of the
House of Representatives.
``(2) Covered facility or asset.--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 Administrator, in coordination with the
Secretary of Transportation with respect to potentially
impacted airspace, through a risk-based assessment for
purposes of this section;
``(B) is located within the property of the National
Aeronautics and Space Administration; and
``(C) directly relates to 1 or more missions of the
National Aeronautics and Space Administration pertaining to--
``(i) launch services;
``(ii) reentry services; or
``(iii) the protection of space support vehicles or
payloads.
``(3) Electronic communication; intercept; oral
communication; wire communication.--The terms `electronic
communication', `intercept', `oral communication', and `wire
communication' have the meanings given those terms in section
2510 of title 18.
``(4) Launch services; reentry services; space support
vehicle; payload.--The terms `launch services', `reentry
services', `space support vehicle', and `payload' have the
meanings given those terms in section 50902 of this title.
``(5) Personnel.--
``(A) In general.--The term `personnel' means an officer,
employee, or contractor of the Administration who is
authorized to perform duties that include safety, security,
or protection of people, facilities, or assets.
``(B) Use of authority.--To qualify for use of the
authority under subsection (a), a contractor conducting
operations under that subsection must--
``(i) be directly contracted by the Administration;
``(ii) operate at a government-owned or government-leased
facility;
``(iii) not conduct inherently governmental functions; and
``(iv) be trained and certified by the Administration to
meet the established guidance and regulations of the
Administration.
``(6) Risk-based assessment.--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
Administrator 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 related to the
use of any system or technology for carrying out the actions
described in subsection (b).
``(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 which disrupts the transmission of radio or
electronic signals, for carrying out the actions described in
subsection (b).
``(C) Potential consequences of the impacts of any actions
taken under subsection (b) 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, timeframe, and national
airspace system impacts of launch services and reentry
services.
``(G) Potential consequences to national security, public
safety, or law enforcement if threats posed by unmanned
aircraft systems or unmanned aircraft are not detected,
identified, monitored, and tracked.
``(7) Unmanned aircraft; unmanned aircraft system.--The
terms `unmanned aircraft' and `unmanned aircraft system' have
the meanings given those terms in section 44801 of title
49.''.
(b) Conforming Amendment.--The table of sections for
chapter 201 of title 51, United States Code, is amended by
inserting after the item relating to section 20149 the
following:
``20150. Detecting, identifying, monitoring, and tracking unmanned
aircraft systems and unmanned aircraft that threaten
certain facilities and assets.''.
______