[Congressional Record Volume 170, Number 76 (Thursday, May 2, 2024)]
[Senate]
[Pages S3345-S3348]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1960. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 3935, to amend title 49, United States Code, to 
reauthorize and improve the Federal Aviation Administration and other 
civil aviation programs, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

                           TITLE _--SHIELD U

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Stopping Harmful Incidents 
     to Enforce Lawful Drone Use Act'' or the ``SHIELD U Act''.

     SEC. _02. DEFINITIONS.

       In this Act:
       (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

[[Page S3346]]

     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 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. _03. 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 title, 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 title, 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 title, 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. _04. COUNTER-UAS ACTIVITIES OFF COMMERCIAL SERVICE 
                   AIRPORT PROPERTY.

       (a) In General.--Notwithstanding any other provision of 
     law, with respect to a

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     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.
       (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 title, 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 _04(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 _04(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 title, 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. _05. 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 title, 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 title, 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. _06. 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 _02 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

[[Page S3348]]

       ``(B) be made available to Federal, State, local, Tribal, 
     and territorial law enforcement and security agencies and 
     private sector security agencies; and''.

     SEC. _07. 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:
       ``(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. _08. NO ABROGATION OF TRADITIONAL POLICE POWERS.

       Nothing in this title or the amendments made by this title 
     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.
                                 ______