[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.''.
                                 ______