[Congressional Record Volume 170, Number 71 (Tuesday, April 23, 2024)]
[Senate]
[Pages S3034-S3037]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1883. Mr. LEE submitted an amendment intended to be proposed by
him to the bill H.R. 815, to amend title 38, United States Code, to
make certain improvements relating to the eligibility of veterans to
receive reimbursement for emergency treatment furnished through the
Veterans Community Care program, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
DIVISION __--STOPPING HARMFUL INCIDENTS TO ENFORCE LAWFUL DRONE USE
SEC. 1. SHORT TITLE.
This division may be cited as the ``Stopping Harmful
Incidents to Enforce Lawful Drone Use Act'' or the ``SHIELD U
Act''.
SEC. 2. DEFINITIONS.
In this division:
(1) Commercial service airport.--The term ``commercial
service airport'' has the meaning given that term in
paragraph (7) of section 47102 of title 49, United States
Code, and includes the area of navigable airspace necessary
to ensure safety in the takeoff and landing of aircraft at
the airport.
(2) Covered air carrier.--The term ``covered air carrier''
means an air carrier or a foreign air carrier as those terms
are defined in section 40102 of title 49, United States Code.
(3) Counter-UAS activities.--The term ``Counter-UAS
activities'' means the following:
(A) Detecting, identifying, monitoring, and tracking an
unmanned aircraft or unmanned aircraft system, 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 or
unmanned aircraft system.
(B) Warning an operator of an unmanned aircraft or unmanned
aircraft system, including by passive or active, and direct
or indirect physical, electronic, radio, and electromagnetic
means.
(C) Disrupting control of an unmanned aircraft or unmanned
aircraft system, without prior consent, including by
disabling the unmanned aircraft or unmanned aircraft system
by intercepting, interfering, or causing interference with
wire, oral, electronic, or radio communications used to
control the unmanned aircraft or unmanned aircraft system.
(D) Seizing or exercising control of an unmanned aircraft
or unmanned aircraft system.
(E) Seizing or otherwise confiscating an unmanned aircraft
or unmanned aircraft system.
(F) Using reasonable force to disable, damage, or destroy
an unmanned aircraft or unmanned aircraft system.
(4) Navigable airspace.--The term ``navigable airspace''
has the meaning given that term in paragraph (32) of section
40102 of title 49, United States Code.
(5) Non-kinetic equipment.--The term ``non-kinetic
equipment'' means equipment that is used to--
(A) intercept or otherwise access a wire communication, an
oral communication, an electronic communication, or a radio
communication used to control an unmanned aircraft or
unmanned aircraft system; and
(B) disrupt control of the unmanned aircraft or unmanned
aircraft system, without prior consent, including by
disabling the unmanned aircraft or unmanned aircraft system
by intercepting, interfering, or causing
[[Page S3035]]
interference with wire, oral, electronic, or radio
communications that are used to control the unmanned aircraft
or unmanned aircraft system.
(6) Threats posed by an unmanned aircraft or unmanned
aircraft system.--The term ``threats posed by an unmanned
aircraft or unmanned aircraft system'' means an unauthorized
activity of an unmanned aircraft or unmanned aircraft system
that is reasonably believed to--
(A) create the potential for bodily harm to, or loss of
human life of, a person within property under the
jurisdiction of--
(i) a commercial service airport; or
(ii) a State or locality; or
(B) have the potential to cause severe economic damage to--
(i) property of a commercial service airport; or
(ii) property under the jurisdiction of a State or
locality.
(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,
United States Code.
SEC. 3. COUNTER-UAS ACTIVITIES ON COMMERCIAL SERVICE AIRPORT
PROPERTY.
(a) Counter-UAS Activities.--
(1) In general.--Notwithstanding any other provision of law
and subject to paragraph (3), with respect to a commercial
service airport, the following departments and agencies may,
in a manner consistent with the Fourth Amendment to the
Constitution of the United States, carry out Counter-UAS
activities for purposes of detecting, identifying, and
mitigating the threats posed by an unmanned aircraft or
unmanned aircraft system to the safety or security of the
airport:
(A) The Department of Homeland Security.
(B) The State and local law enforcement agencies in the
State in which the airport is located.
(C) The law enforcement agency of the airport.
(2) Testing authority.--Subject to paragraphs (3) and (4),
the Secretary of Homeland Security, the heads of the State or
local law enforcement agencies of the State in which a
commercial service airport is located, or the law enforcement
agency of the commercial service airport, may research, test,
provide training on, and evaluate any equipment, including
any electronic equipment, to determine the capability and
utility of the equipment to carry out Counter-UAS activities
to detect, identify, and mitigate the threats posed by an
unmanned aircraft or unmanned aircraft system to the safety
or security of the airport.
(3) Airport operator consent required.--Activities
permitted under paragraph (1) or (2) shall only be carried
out with the consent of, in consultation with, and with the
participation of, the airport operator.
(4) Consultation requirement for testing of non-kinetic
equipment.--Any testing of non-kinetic equipment carried out
under the authority of this subsection shall be done in
consultation with the Federal Communications Commission and
the National Telecommunications and Information
Administration.
(b) Non-Kinetic Equipment.--
(1) In general.--Before adopting any standard operating
procedures within a tactical response plan for use of non-
kinetic equipment to carry out a Counter-UAS activity under
the authority of this section, the Secretary of Homeland
Security and the heads of the State, local, or airport law
enforcement agencies of the State in which a commercial
service airport is located, shall do the following:
(A) Consult with the Federal Communications Commission and
the National Telecommunications and Information
Administration about the use of non-kinetic equipment to
carry out a Counter-UAS activity consistent with the tactical
response plan updates required under subsection (c).
(B) Jointly, with the Federal Communications Commission and
the National Telecommunications and Information
Administration, create a process for an authorized designee
of the commercial service airport to, consistent with
procedures outlined in the tactical response plan (as updated
under subsection (c)), notify the Commission when non-kinetic
equipment has been used to carry out a Counter-UAS activity.
(2) FCC and ntia duties.--The Federal Communications
Commission and the National Telecommunications and
Information Administration shall--
(A) not later than 30 days after the date of enactment of
this division, assign to an office of the Commission and to
an office of the Administration, respectively, responsibility
for carrying out the consultation regarding the use of non-
kinetic equipment to carry out Counter-UAS activities
required by paragraph (1)(A) and the consultation regarding
the testing of non-kinetic equipment required by subsection
(a)(4); and
(B) not later than 180 days after the responsibility
described in subparagraph (A) is assigned to each such
office--
(i) publicly designate an office of the Commission and an
office of the Administration, respectively, to receive the
notifications from commercial service airports required under
paragraph (1)(B); and
(ii) make publicly available the process for the Commission
and the Administration to carry out any follow up
consultation, if necessary.
(3) Nonduplication.--To the greatest extent practicable,
the Federal Communications Commission and the National
Telecommunications and Information Administration shall
coordinate with respect to the consultations, process
creation, follow up consultations, and other requirements of
this subsection and subsection (a)(4) so as to minimize
duplication of requirements, efforts, and expenditures.
(c) Tactical Response Plan Updates.--
(1) Task force.--Not later than 2 years after the date of
enactment of this division, the airport director of each
commercial service airport shall convene a task force for
purposes of establishing or modifying the emergency action
preparedness plan for the airport to include a tactical
response plan for the detection, identification, and
mitigation of threats posed by an unmanned aircraft or
unmanned aircraft system.
(2) Required coordination.--Each task force convened under
paragraph (1) shall coordinate the establishing or modifying
of the airport's emergency action preparedness plan with
representatives of the following:
(A) The Department of Transportation.
(B) The Federal Aviation Administration.
(C) The Department of Homeland Security.
(D) The State and local law enforcement agencies in the
State in which the airport is located.
(E) The law enforcement agency of the airport.
(F) The covered air carriers operating at the airport.
(G) Representatives of general aviation operators at the
airport.
(H) Representatives of providers of telecommunications and
broadband service with a service area that covers the airport
property or the navigable airspace necessary to ensure safety
in the takeoff and landing of aircraft at such airport.
(3) Duties.--As part of the inclusion of a tactical
response plan in the emergency action preparedness plan for a
commercial service airport, each task force convened under
paragraph (1) shall do the following:
(A) Create and define the various threat levels posed by an
unmanned aircraft or unmanned aircraft system to the airport.
(B) Create the standard operating procedures for responding
to each threat level defined under subparagraph (A) that
include a requirement to minimize collateral damage.
(C) Define and assign to each entity specified in paragraph
(2), the role and responsibilities of the entity in carrying
out the standard operating procedures for responding to a
specified threat posed by an unmanned aircraft or unmanned
aircraft system to the airport.
(D) Designate the applicable State and local law
enforcement agencies, or the law enforcement agency of the
airport, in coordination with the Department of Homeland
Security, as the first responders to any specified threat
posed by an unmanned aircraft or unmanned aircraft system to
the airport.
(E) Narrowly tailor the use of non-kinetic Counter-UAS
equipment (if applicable under the standard operating
procedures) to only temporary activities necessary to
mitigate an immediate threat posed by an unmanned aircraft or
unmanned aircraft system to the airport.
(F) Incorporate any existing Federal guidance for updating
airport emergency plans for responding to unauthorized
unmanned aircraft system operations into 1 tactical response
plan for addressing threats posed by an unmanned aircraft or
unmanned aircraft system.
(4) Rule of construction.--Nothing in this subsection shall
be construed to require multiple tactical response plans or
emergency action preparedness plans for addressing the
threats posed by an unmanned aircraft, an unmanned aircraft
system, or unauthorized unmanned aircraft system operations.
(d) Airport Improvement Program Eligibility.--
Notwithstanding section 47102 of title 49, United States
Code, the definition of the term ``airport development''
under that section shall include the purchase of equipment
necessary to carry out Counter-UAS activities at commercial
service airports.
(e) Best Practices.--
(1) In general.--Not later than 1 year after the date of
enactment of this division, the Administrator of the Federal
Aviation Administration and the Administrator of the
Transportation Security Administration acting jointly and in
collaboration with airport directors of commercial service
airports, shall--
(A) publish guidance regarding best practices for use of
Counter-UAS Activities at commercial service airports; and
(B) make such guidance available to the airport director
for each commercial service airport in the United States.
(2) Annual updates.--The guidance issued under this
subsection shall be annually updated to incorporate the most
recent results and conclusions regarding best practices for
the use of Counter-UAS activities at commercial service
airports.
SEC. 4. COUNTER-UAS ACTIVITIES OFF COMMERCIAL SERVICE AIRPORT
PROPERTY.
(a) In General.--Notwithstanding any other provision of
law, with respect to a State, the State and local law
enforcement agencies in the State may, in a manner consistent
with the Fourth Amendment to the Constitution of the United
States, carry out Counter-UAS activities for purposes of
detecting, identifying, and mitigating the threats posed by
an unmanned aircraft or unmanned aircraft system within the
jurisdiction of the State or locality.
[[Page S3036]]
(b) Testing Authority.--
(1) In general.--
(A) States and localities.--Subject to paragraphs (2) and
(3), any State or locality of a State may establish testing
areas for purposes of researching, testing, providing
training on, and evaluating of any equipment, including any
electronic equipment, to determine the capability and utility
of the equipment to carry out Counter-UAS activities to
detect, identify, and mitigate the threats posed by an
unmanned aircraft or unmanned aircraft system within the
jurisdiction of the State or locality.
(B) Private sector entities.--Subject to paragraphs (2) and
(3), any private sector entity may establish testing areas
for purposes of researching, testing, providing training on,
and evaluating of any equipment, including any electronic
equipment, to determine the capability and utility of the
equipment to carry out Counter-UAS activities to detect,
identify, and mitigate the threats posed by an unmanned
aircraft or unmanned aircraft system, so long as such
activities are carried out in accordance with applicable
State and local laws.
(2) FAA cooperation.--The Federal Aviation Administration
shall cooperate with any action by a State, a locality of a
State, or a private sector entity to designate airspace to be
used for testing under paragraph (1) unless the State,
locality, or entity designates an area of airspace that would
create a significant safety hazard to airport operations, air
navigation facilities, air traffic control systems, or other
components of the national airspace system that facilitate
the safe and efficient operation of manned civil, commercial,
or military aircraft within the United States.
(3) Consultation requirement for testing of non-kinetic
equipment.--Any testing of non-kinetic equipment carried out
under the authority of this subsection shall be done in
consultation with the Federal Communications Commission and
the National Telecommunications and Information
Administration.
(c) Non-Kinetic Equipment.--
(1) In general.--Before adopting any standard operating
procedures for using any non-kinetic equipment to carry out a
Counter-UAS activity under the authority of this section, a
State or local law enforcement agency shall do the following:
(A) Consult with the Federal Communications Commission and
the National Telecommunications and Information
Administration about the use of non-kinetic equipment to
carry out a Counter-UAS activity and the standard operating
procedures that the State or local law enforcement agency
will follow for use of such equipment.
(B) Jointly, with the Federal Communications Commission and
the National Telecommunications and Information
Administration create a process for an authorized designee of
the State or local law enforcement agency to notify the
Commission when non-kinetic equipment has been used to carry
out a Counter-UAS activity.
(2) FCC and ntia duties.--The Federal Communications
Commission shall--
(A) not later than 30 days after the date of enactment of
this division, assign to an office of the Commission and to
an office of the Administration, respectively, responsibility
for carrying out the consultation regarding the use of non-
kinetic equipment to carry out Counter-UAS activities
required under paragraph (1)(A) and the consultation
regarding the testing of non-kinetic equipment required by
subsection (b)(3); and
(B) not later than 180 days after the responsibility
described in subparagraph (A) is assigned to each such
office--
(i) publicly designate an office of the Commission and an
office of the Administration, respectively, to receive the
notifications from State or local law enforcement agencies
required under paragraph (1)(B); and
(ii) make publicly available the process for the Commission
and the Administration to carry out any follow up
consultation, if necessary.
(3) Nonduplication.--To the greatest extent practicable,
the Federal Communications Commission and the National
Telecommunications and Information Administration shall
coordinate with respect to the consultations, process
creation, follow up consultations, and other requirements of
this subsection and subsection (a)(4) so as to minimize
duplication of requirements, efforts, and expenditures.
(d) Coordination With the FAA.--Section 376 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 44802 note) is
amended--
(1) in subsection (b), by adding at the end the following:
``(4) Permit a process for an applicable State or local law
enforcement agency to notify and coordinate with the Federal
Aviation Administration on actions being taken by the State
or local law enforcement agency to exercise the Counter-UAS
activities authority established under section 4(a) of the
SHIELD U Act.''; and
(2) in subsection (c)--
(A) in paragraph (3)(G), by striking ``and'' after the
semicolon;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) establish a process that allows for collaboration and
coordination between the Federal Aviation Administration and
the law enforcement of a State or local government with
respect to the use of the Counter-UAS activities authority
established under section 4(a) of the SHIELD U Act.''.
(e) Interim Notification Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this division, the Administrator of the Federal
Aviation Administration shall establish a process under
which--
(A) the law enforcement agency of a State or local
government may notify the Administrator of an active threat
posed by an unmanned aircraft or unmanned aircraft system
within the jurisdiction of the State or local law enforcement
agency and the intent of the agency to facilitate Counter-UAS
activities;
(B) the Administrator, based on notice made pursuant to
subparagraph (A), shall issue immediate warnings to operators
of both manned and unmanned aircraft operating within the
area of airspace where the law enforcement agency's Counter-
UAS activities are taking place; and
(C) the Administrator and the State and local law
enforcement agency notify UAS operators and manned operators
in the area that an area of airspace is clear once the State
and local law enforcement have concluded the Counter-UAS
activities to mitigate the threat.
(2) Sunset.--The process established under paragraph (1)
shall terminate on the date on which the unmanned aircraft
systems traffic management system required under section 376
of the FAA Reauthorization Act of 2018 (49 U.S.C. 44802 note)
is fully implemented.
SEC. 5. AUTHORITY TO ENTER INTO CONTRACTS TO PROTECT
FACILITIES FROM UNMANNED AIRCRAFT.
(a) Authority.--The following Federal departments are
authorized to enter into contracts to carry out the following
authorities:
(1) The Department of Defense for the purpose of carrying
out activities under section 130i of title 10, United States
Code.
(2) The Department of Homeland Security for the purpose of
carrying out activities under section 210G of the Homeland
Security Act of 2002 (6 U.S.C. 124n).
(3) The Department of Justice for the purpose of carrying
out activities under section 210G of the Homeland Security
Act of 2002 (6 U.S.C. 124n).
(4) The Department of Energy for the purpose of carrying
out activities under section 4510 of the Atomic Energy
Defense Act (50 U.S.C. 2661).
(b) Federal Acquisition Regulation.--Not later than 180
days after the date of the enactment of this division, the
Federal Acquisition Regulatory Council shall amend the
Federal Acquisition Regulation to implement the authority
provided under subsection (a).
(c) Annual Publication of Recommended Vendors and
Equipment.--
(1) In general.--Not later than 1 year after the date of
enactment of this division, and annually thereafter, the
Director of the Office of Management and Budget, in
consultation with the Secretary of Defense, the Secretary of
Homeland Security, the Attorney General, the Secretary of
Energy, the Secretary of Transportation, and the heads of
such other Federal departments or agencies as determined
appropriate by the Director of the Office of Management and
Budget, shall publish and make available to State and local
governments the following:
(A) A list of vendors that are eligible under the Federal
Acquisition Regulation to enter into contracts with the
Federal Government to carry out Counter-UAS activities.
(B) A list of Counter-UAS equipment that is recommended by
the Federal Government to carry out Counter-UAS activities.
(2) Annual risk assessment.--The Director of the Office of
Management and Budget, in consultation with the heads of the
applicable Federal departments and agencies, shall review and
reassess the vendors and equipment specified on the lists
required to be published and made available under paragraph
(1) based on a risk assessment that is jointly considered by
the applicable agencies as part of each annual update of such
lists.
SEC. 6. FEDERAL LAW ENFORCEMENT TRAINING.
Section 884(c) of the Homeland Security Act of 2002 (6
U.S.C. 464(c)) is amended--
(1) in paragraph (9), by striking ``and'' at the end;
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following:
``(10) develop and implement homeland security and law
enforcement training curricula related to the use of Counter-
UAS activities (as defined in section 2 of the SHIELD U Act)
to protect against a threat from an unmanned aircraft or
unmanned aircraft system (as such terms are defined in
section 210G), which shall--
``(A) include--
``(i) training on the use of both kinetic and non-kinetic
equipment;
``(ii) training on the tactics used to detect, identify,
and mitigate a threat from an unmanned aircraft or unmanned
aircraft system; and
``(iii) such other curricula or training the Director
believes necessary; and
``(B) be made available to Federal, State, local, Tribal,
and territorial law enforcement and security agencies and
private sector security agencies; and''.
SEC. 7. AUTHORIZED USE OF JAMMING TECHNOLOGY.
Title III of the Communications Act of 1934 (47 U.S.C. 301
et seq.) is amended--
(1) in section 301 (47 U.S.C. 301)--
(A) by striking ``It is'' and inserting the following:
[[Page S3037]]
``(a) In General.--It is''; and
(B) by adding at the end the following:
``(b) Exception for an Unmanned Aircraft and Unmanned
Aircraft System.--
``(1) Definitions.--In this subsection--
``(A) the term `covered equipment' means equipment that is
used to--
``(i) intercept or otherwise access a wire communication,
an oral communication, an electronic communication, or a
radio communication used to control an unmanned aircraft or
unmanned aircraft system; and
``(ii) disrupt control of an unmanned aircraft or unmanned
aircraft system, without prior consent, including by
disabling the unmanned aircraft or unmanned aircraft system
by intercepting, interfering, or causing interference with
wire, oral, electronic, or radio communications that are used
to control the unmanned aircraft or unmanned aircraft system;
and
``(B) the terms `unmanned aircraft' and `unmanned aircraft
system' have the meanings given those terms in section 44801
of title 49, United States Code.
``(2) Exception.--Subsection (a) shall not apply with
respect to actions taken by State or local law enforcement or
the law enforcement agency of a commercial service airport
using covered equipment in consultation with the Commission
to detect, identify, or mitigate a threat posed by an
unmanned aircraft or unmanned aircraft system.'';
(2) in section 302 (47 U.S.C. 302a), by adding at the end
the following:
``(g) Exception for an Unmanned Aircraft and Unmanned
Aircraft System.--
``(1) Definitions.--In this subsection, the terms `covered
equipment', `unmanned aircraft', and `unmanned aircraft
system' have the meanings given those terms in section 301.
``(2) Exception.--The provisions of this section shall not
apply with respect to actions taken by State or local law
enforcement or the law enforcement agency of a commercial
service airport using covered equipment in consultation with
the Commission to detect, identify, or mitigate a threat
posed by an unmanned aircraft or unmanned aircraft system.'';
and
(3) in section 333 (47 U.S.C. 333)--
(A) by striking ``No person'' and inserting the following:
``(a) In General.--No person''; and
(B) by adding at the end the following:
``(b) Exception for an Unmanned Aircraft and Unmanned
Aircraft System.--
``(1) Definitions.--In this subsection, the terms `covered
equipment', `unmanned aircraft', and `unmanned aircraft
system' have the meanings given those terms in section
301(b).
``(2) Exception.--Subsection (a) shall not apply with
respect to actions taken by State or local law enforcement or
the law enforcement agency of a commercial service airport
using covered equipment in consultation with the Commission
to detect, identify, or mitigate a threat posed by an
unmanned aircraft or unmanned aircraft system.''.
SEC. 8. NO ABROGATION OF TRADITIONAL POLICE POWERS.
Nothing in this division or the amendments made by this
division shall be construed to abrogate the inherent
authority of a State government or subdivision thereof from
using their traditional police powers, including (but not
limited to) the authority to counter an imminent threat to
public health or safety.
______