[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S5119]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2888. Mr. KELLY (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 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:

       Beginning on page 602, strike line 20 and all that follows 
     through page 603, line 2, and insert the following:
       (2) Referral for investigation and prosecution.--The 
     Secretary of Defense, in consultation with the Attorney 
     General and the Director of National Intelligence, shall 
     establish a process for referring for investigation and 
     prosecution--
       (A) a UAS offense with respect to which the Secretary of 
     Defense may take an action described in section 130i(b)(1) of 
     title 10, United States Code; or
       (B) an offense under section 40B of title 18, United States 
     Code, as added by subsection (d) of this section.

       On page 605, between lines 10 and 11, insert the following:
       (d) Drone Offenses.--Part I of title 18, United States 
     Code, is amended--
       (1) by inserting after section 40A the following:

     ``Sec. 40B. Operation of unauthorized aircraft to interfere 
       with a military installation or military facility

       ``(a) Definitions.--In this section--
       ``(1) the term `aircraft,' notwithstanding section 
     31(a)(1), means any device, craft, vehicle, or contrivance 
     that is--
       ``(A) invented, used, or designed to navigate, fly, or 
     travel in the air; or
       ``(B) used or intended to be used for flight in the air;
       ``(2) the term `Federal law' includes any form of Federal 
     law, including any Federal statute, rule, regulation, or 
     order;
       ``(3) the term `military facility' means a facility, as 
     defined in section 2801 of title 10, that is under the 
     jurisdiction of the Secretary of a military department (as 
     defined in section 101 of title 10);
       ``(4) the term `military installation' has the meaning 
     given the term in section 2801 of title 10; and
       ``(5) the term `unmanned aircraft' has the meaning given 
     the term in section 44801 of title 49.
       ``(b) Offenses.--
       ``(1) Interference with military installation or military 
     facility and related offenses.--Except as provided in 
     subsection (c), it shall be unlawful to operate an unmanned 
     aircraft and--
       ``(A) knowingly or recklessly cause the unmanned aircraft 
     to enter the airspace of, or knowingly or recklessly cause 
     the takeoff or landing of the unmanned aircraft in, a 
     military installation or military facility in violation of 
     Federal law, including all applicable rules, regulations, and 
     orders of the Federal Aviation Administration;
       ``(B) knowingly or recklessly use the unmanned aircraft to 
     interfere with activities at a military installation or 
     military facility located in the United States, including to 
     interfere with--
       ``(i) the duties of a member of the armed forces (as 
     defined in section 101(a) of title 10) or an official or 
     civilian employee of the Department of Defense working 
     therein;
       ``(ii) a military operation therein; or
       ``(iii) the use of military equipment located therein; or
       ``(C) knowingly or recklessly use the unmanned aircraft to 
     cause damage to a military installation or military facility 
     located in the United States, including damage to equipment 
     located therein, in an amount that exceeds $5,000.
       ``(2) Impairment of identification or lighting.--It shall 
     be unlawful to operate an unmanned aircraft in violation of 
     paragraph (1) and, in violation of Federal law, knowingly and 
     willfully--
       ``(A) remove, obliterate, tamper with, or alter the 
     identification number of the unmanned aircraft;
       ``(B) disable or fail to effect any required identification 
     transmission or signaling of the unmanned aircraft; or
       ``(C) disable or obscure any required anti-collision 
     lighting of the unmanned aircraft or fail to have or 
     illuminate such lighting as required.
       ``(c) Exceptions.--
       ``(1) Government activity.--Subsection (b) shall not apply 
     to the operation of an unmanned aircraft conducted by a unit 
     or agency of the United States Government or of a State, 
     Tribal, or local government (including any individual 
     conducting such operation pursuant to a contract or other 
     agreement entered into with the unit or agency) if the 
     operation is for the purpose of protecting the public safety 
     and welfare, including firefighting, law enforcement, or 
     emergency response.
       ``(2) Authorized property damage.--Subsection (b)(1)(C) 
     shall not apply to conduct consisting of injury to property, 
     if engaged in by or with the authorization or consent of the 
     Department of Defense.
       ``(d) Penalties.--Any person who violates subsection (b)--
       ``(1) in the case of a violation of paragraph (1)(A) of 
     that subsection, shall be fined under this title, imprisoned 
     for not more than 5 years, or both;
       ``(2) in the case of a violation of paragraph (1)(B) of 
     that subsection, shall be fined under this title, imprisoned 
     for not more than 5 years, or both;
       ``(3) in the case of a violation of paragraph (1)(C) of 
     that subsection, shall be fined under this title, imprisoned 
     for not more than 20 years, or both; and
       ``(4) in the case of a violation of paragraph (2) of that 
     subsection, shall be fined under this title, imprisoned for 
     not more than 5 years, or both.
       ``(e) Inchoate Offenses.--Any person who threatens, 
     attempts, or conspires to commit an offense under subsection 
     (b) shall be subject to the same penalty as for a completed 
     offense.'';
       (2) in the chapter analysis for chapter 2, by inserting 
     after the item relating to section 40A the following:

``40B. Operation of unauthorized aircraft to interfere with a military 
              installation or military facility.'';
       (3) in section 982(a)(6)(A), by inserting ``40B (relating 
     to operation of unauthorized aircraft to interfere with a 
     military installation or military facility),'' before 
     ``555''; and
       (4) in section 2516(1)(c), by inserting ``section 40B 
     (relating to operation of unauthorized aircraft to interfere 
     with a military installation or military facility),'' before 
     ``section 43''.
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