[Congressional Record Volume 170, Number 126 (Thursday, August 1, 2024)]
[Senate]
[Pages S5828-S5833]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3233. Mr. PETERS (for himself and Mr. Johnson) 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:
At the end of subtitle H of title X, add the following:
SEC. 1095. COUNTER-UAS AUTHORITIES.
(a) Short Title.--This section may be cited as the
``Safeguarding the Homeland from the Threats Posed by
Unmanned Aircraft Systems Act of 2024''.
(b) Department of Homeland Security and Department of
Justice Unmanned Aircraft System Detection and Mitigation
Enforcement Authority.--Subtitle A of title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is
amended by striking section 210G (6 U.S.C. 124n) and
inserting the following:
``SEC. 210G. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM
UNMANNED AIRCRAFT.
``(a) Definitions.--In this section:
``(1) The term `air navigation facility' has the meaning
given the term in section 40102(a) of title 49, United States
Code.
``(2) The term `airport' has the meaning given the term in
section 47102 of title 49, United States Code.
``(3) The term `appropriate committees of Congress' means--
``(A) the Committee on Homeland Security and Governmental
Affairs, the Committee on Commerce, Science, and
Transportation, and the Committee on the Judiciary of the
Senate; and
``(B) the Committee on Homeland Security, the Committee on
Transportation and Infrastructure, the Committee on Oversight
and Accountability, the Committee on Energy and Commerce, and
the Committee on the Judiciary of the House of
Representatives.
``(4) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31,
United States Code.
``(5) 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 Secretary or the Attorney General, or by the
chief executive of the jurisdiction in which a State, local,
Tribal, or territorial law enforcement agency designated
pursuant to subsection (d)(2) operates after review and
approval of the Secretary or the Attorney General, in
coordination with the Secretary of Transportation with
respect to potentially impacted airspace, through a risk-
based assessment for purposes of this section (except that in
the case of the missions described in clauses (i)(II) and
(iii)(I) of subparagraph (C), such missions shall be presumed
to be for the protection of a facility or asset that is
assessed to be high-risk and a potential target for unlawful
unmanned aircraft or unmanned aircraft system activity);
``(B) is located in the United States; and
``(C) directly relates to 1 or more--
``(i) missions authorized to be performed by the
Department, consistent with governing statutes, regulations,
and orders issued by the Secretary, pertaining to--
``(I) security or protection functions of U.S. Customs and
Border Protection, including securing or protecting
facilities, aircraft, and vessels, whether moored or
underway;
``(II) United States Secret Service protection operations
pursuant to sections 3056(a) and 3056A(a) of title 18, United
States Code, and the Presidential Protection Assistance Act
of 1976 (18 U.S.C. 3056 note);
``(III) protection of facilities pursuant to section
1315(a) of title 40, United States Code;
``(IV) transportation security functions of the
Transportation Security Administration; or
``(V) the security or protection functions for facilities,
assets, and operations of Homeland Security Investigations;
``(ii) missions authorized to be performed by the
Department of Justice, consistent with governing statutes,
regulations, and orders issued by the Attorney General,
pertaining to--
``(I) personal protection operations by--
``(aa) the Federal Bureau of Investigation as specified in
section 533 of title 28, United States Code; or
``(bb) the United States Marshals Service as specified in
section 566 of title 28, United States Code;
``(II) protection of penal, detention, and correctional
facilities and operations conducted by the Federal Bureau of
Prisons and prisoner operations and transport conducted by
the United States Marshals Service;
``(III) protection of the buildings and grounds leased,
owned, or operated by or for the Department of Justice, and
the provision of security for Federal courts, as specified in
section 566 of title 28, United States Code; or
``(IV) protection of an airport or air navigation facility;
``(iii) missions authorized to be performed by the
Department or the Department of Justice, acting together or
separately, consistent with governing statutes, regulations,
and orders issued by the Secretary or the Attorney General,
respectively, pertaining to--
``(I) protection of National Special Security Events and
Special Event Assessment Rating events;
``(II) the provision of support to a State, local, Tribal,
or territorial law enforcement agency, upon request of the
chief executive officer of the State or territory, to ensure
protection of people and property at mass gatherings, that is
limited to a specified duration and location, within
available resources, and without delegating any authority
under this section to State, local, Tribal, or territorial
law enforcement;
``(III) protection of an active Federal law enforcement
investigation, emergency response, or security function, that
is limited to a specified duration and location; or
``(IV) the provision of security or protection support to
critical infrastructure owners or operators, for static
critical infrastructure facilities and assets upon the
request of the owner or operator;
``(iv) missions authorized to be performed by the United
States Coast Guard, including those described in clause (iii)
as directed by the Secretary, and as further set forth in
section 528 of title 14, United States Code, and consistent
with governing statutes, regulations, and orders issued by
the Secretary of the Department in which the Coast Guard is
operating; and
``(v) responsibilities of State, local, Tribal, and
territorial law enforcement agencies designated pursuant to
subsection (d)(2) pertaining to--
``(I) protection of National Special Security Events and
Special Event Assessment Rating events or other mass
gatherings in the jurisdiction of the State, local, Tribal,
or territorial law enforcement agency;
``(II) protection of critical infrastructure assessed by
the Secretary as high-risk for unmanned aircraft systems or
unmanned aircraft attack or disruption, including airports in
the jurisdiction of the State, local, Tribal, or territorial
law enforcement agency;
``(III) protection of government buildings, assets, or
facilities in the jurisdiction of the State, local, Tribal,
or territorial law enforcement agency; or
``(IV) protection of disaster response in the jurisdiction
of the State, local, Tribal, or territorial law enforcement
agency.
``(6) The term `critical infrastructure' has the meaning
given the term in section 1016(e) of the Critical
Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)).
``(7) The terms `electronic communication', `intercept',
`oral communication', and `wire communication' have the
meanings given those terms in section 2510 of title 18,
United States Code.
``(8) The term `homeland security or justice budget
materials', with respect to a fiscal year, means the
materials submitted to Congress by the Secretary and the
Attorney General in support of the budget for that fiscal
year.
``(9)(A) The term `personnel' means--
[[Page S5829]]
``(i) an officer, employee, or contractor of the Department
or the Department of Justice, who is authorized to perform
duties that include safety, security, or protection of
people, facilities, or assets; or
``(ii) an employee who--
``(I) is authorized to perform law enforcement and security
functions on behalf of a State, local, Tribal, or territorial
law enforcement agency designated under subsection (d)(2);
and
``(II) is trained and certified to perform those duties,
including training specific to countering unmanned aircraft
threats and mitigating risks in the national airspace,
including with respect to protecting privacy and civil
liberties.
``(B) To qualify for use of the authorities described in
subsection (b) or (c), respectively, a contractor conducting
operations described in those subsections shall--
``(i) be directly contracted by the Department or the
Department of Justice;
``(ii) operate at a government-owned or government-leased
facility or asset;
``(iii) not conduct inherently governmental functions;
``(iv) be trained to safeguard privacy and civil liberties;
and
``(v) be trained and certified by the Department or the
Department of Justice to meet the established guidance and
regulations of the Department or the Department of Justice,
respectively.
``(C) For purposes of subsection (c)(1), the term
`personnel' includes any officer, employee, or contractor who
is authorized to perform duties that include the safety,
security, or protection of people, facilities, or assets,
of--
``(i) a State, local, Tribal, or territorial law
enforcement agency; and
``(ii) an owner or operator of an airport or critical
infrastructure.
``(10) 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 Secretary or the Attorney
General, respectively, 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 relating to the
use of any system or technology for carrying out the actions
described in subsection (e)(2).
``(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 that disrupts the transmission of radio or
electronic signals, for carrying out the actions described in
subsection (e)(2).
``(C) Potential consequences of the impacts of any actions
taken under subsection (e)(2) 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, duration, and national
airspace system impacts of National Special Security Events
and Special Event Assessment Rating events, to the extent not
already discussed in the National Special Security Event and
Special Event Assessment Rating nomination process.
``(G) Potential consequences to national security, public
safety, or law enforcement if threats posed by unmanned
aircraft systems or unmanned aircraft are not mitigated or
defeated.
``(H) Civil rights and civil liberties guaranteed by the
First and Fourth Amendments to the Constitution of the United
States.
``(11) The terms `unmanned aircraft' and `unmanned aircraft
system' have the meanings given those terms in section 44801
of title 49, United States Code.
``(b) Authority of the Department of Homeland Security and
Department of Justice.--Notwithstanding section 46502 of
title 49, United States Code, or sections 32, 1030, 1367, and
chapters 119 and 206 of title 18, United States Code, the
Secretary and the Attorney General may, for their respective
Departments, take, and may authorize personnel with assigned
duties that include the safety, security, or protection of
people, facilities, or assets to take, actions described in
subsection (e)(2) that are necessary to detect, identify,
monitor, track, and mitigate a credible threat (as defined by
the Secretary and the Attorney General, in consultation with
the Secretary of Transportation, acting 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.
``(c) Additional Limited Authority for Detection,
Identification, Monitoring, and Tracking.--
``(1) In general.--Subject to paragraphs (2) and (3), and
notwithstanding sections 1030 and 1367 and chapters 119 and
206 of title 18, United States Code, any State, local,
Tribal, or territorial law enforcement agency, the Department
of Justice, the Department, and any owner or operator of an
airport or critical infrastructure may authorize personnel,
with assigned duties that include the safety, security, or
protection of people, facilities, or assets, to use equipment
authorized under this subsection to take actions described in
subsection (e)(1) that are necessary to detect, identify,
monitor, or track an unmanned aircraft system or unmanned
aircraft within the respective areas of responsibility or
jurisdiction of the authorized personnel.
``(2) Authorized equipment.--Equipment authorized for
unmanned aircraft system detection, identification,
monitoring, or tracking under this subsection shall be
limited to systems or technologies--
``(A) tested and evaluated by the Department or the
Department of Justice, including evaluation of any potential
counterintelligence or cybersecurity risks;
``(B) that are annually reevaluated for any changes in
risks, including counterintelligence and cybersecurity risks;
``(C) determined by the Federal Communications Commission
and the National Telecommunications and Information
Administration not to adversely impact the use of the
communications spectrum;
``(D) determined by the Federal Aviation Administration not
to adversely impact the use of the aviation spectrum or
otherwise adversely impact the national airspace system; and
``(E) that are included on a list of authorized equipment
maintained by the Department, in coordination with the
Department of Justice, the Federal Aviation Administration,
the Federal Communications Commission, and the National
Telecommunications and Information Administration.
``(3) State, local, tribal, and territorial compliance.--
Each State, local, Tribal, or territorial law enforcement
agency or owner or operator of an airport or critical
infrastructure acting pursuant to this subsection shall--
``(A) prior to any such action, issue a written policy
certifying compliance with the privacy protections of
subparagraphs (A) through (D) of subsection (j)(2);
``(B) certify compliance with such policy to the Secretary
and the Attorney General annually, and immediately notify the
Secretary and Attorney General of any noncompliance with such
policy or the privacy protections of subparagraphs (A)
through (D) of subsection (j)(2); and
``(C) comply with any additional guidance issued by the
Secretary or the Attorney General relating to implementation
of this subsection.
``(4) Prohibition.--Nothing in this subsection shall be
construed to authorize the taking of any action described in
subsection (e) other than the actions described in paragraph
(1) of that subsection.
``(d) Pilot Program for State, Local, Tribal, and
Territorial Law Enforcement.--
``(1) In general.--The Secretary and the Attorney General
may carry out a pilot program to evaluate the potential
benefits of State, local, Tribal, and territorial law
enforcement agencies taking actions that are necessary to
mitigate a credible threat (as defined by the Secretary and
the Attorney General, in consultation with the Secretary of
Transportation, acting 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.
``(2) Designation.--
``(A) In general.--The Secretary or the Attorney General,
with the concurrence of the Secretary of Transportation
(acting through the Administrator of the Federal Aviation
Administration), may, under the pilot program established
under paragraph (1), designate 1 or more State, local,
Tribal, or territorial law enforcement agencies approved by
the respective chief executive officer of the State, local,
Tribal, or territorial law enforcement agency to engage in
the activities authorized in paragraph (4) under the direct
oversight of the Department or the Department of Justice, in
carrying out the responsibilities authorized under subsection
(a)(5)(C)(v).
``(B) Designation process.--
``(i) Number of agencies and duration.--On and after the
date that is 180 days after the date of enactment of the
Safeguarding the Homeland from the Threats Posed by Unmanned
Aircraft Systems Act of 2024, the Secretary and the Attorney
General, pursuant to subparagraph (A), may designate a
combined total of not more than 6 State, local, Tribal and
territorial law enforcement agencies for participation in the
pilot program, and may designate 6 additional State, local,
Tribal and territorial law enforcement agencies each year
thereafter, provided that not more than 30 State, local,
Tribal and territorial law enforcement agencies in total may
be designated during the 5-year period of the pilot program.
``(ii) Demonstration of need and plan for use.--The
Secretary and the Attorney General, pursuant to subparagraph
(A), shall require a State, local, Tribal, or territorial law
[[Page S5830]]
enforcement agency wishing to participate in the pilot
program to complete a risk-based assessment demonstrating the
need for the law enforcement agency to participate in the
pilot program, as well as a plan for the deployment and
authorized use of equipment for the purpose of carrying out
activities under section 210G of the Homeland Security Act of
2002 (6 U.S.C. 124n).
``(iii) Revocation.--The Secretary and the Attorney
General, in consultation with the Secretary of Transportation
(acting through the Administrator of the Federal Aviation
Administration)--
``(I) may revoke a designation under subparagraph (A) if
the Secretary, Attorney General, and Secretary of
Transportation (acting through the Administrator of the
Federal Aviation Administration) concur in the revocation;
and
``(II) shall revoke a designation under subparagraph (A) if
the Secretary, the Attorney General, or the Secretary of
Transportation (acting through the Administrator of the
Federal Aviation Administration) withdraws concurrence.
``(3) Termination of pilot program.--
``(A) Designation.--The authority to designate an agency
for inclusion in the pilot program established under this
subsection shall terminate 4 years after the date that is 180
days after the date of enactment of the Safeguarding the
Homeland from the Threats Posed by Unmanned Aircraft Systems
Act of 2024.
``(B) Authority of pilot program agencies.--The authority
of an agency designated under the pilot program established
under this subsection to exercise any of the authorities
granted under the pilot program shall terminate not later
than 5 years after the date that is 180 days after the date
of enactment of the Safeguarding the Homeland from the
Threats Posed by Unmanned Aircraft Systems Act of 2024, or
upon revocation pursuant to paragraph (2)(B)(ii).
``(4) Authorization.--Notwithstanding section 46502 of
title 49, United States Code, or sections 32, 1030, 1367, and
chapters 119 and 206 of title 18, United States Code, any
State, local, Tribal, or territorial law enforcement agency
designated pursuant to paragraph (2) 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 (e)(2) that are
necessary to detect, identify, monitor, track, or mitigate a
credible threat (as defined by the Secretary and the Attorney
General, in consultation with the Secretary of
Transportation, acting 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 in carrying out the
responsibilities authorized under subsection (a)(5)(C)(v).
``(5) Reporting.--
``(A) In general.--Not later than 2 years after the date on
which the first law enforcement agency is designated under
paragraph (2), and annually thereafter for the duration of
the pilot program, the Secretary and the Attorney General
shall inform the appropriate committees of Congress in
writing of the use by any State, local, Tribal, or
territorial law enforcement agency of any authority granted
pursuant to paragraph (4), including a description of any
privacy or civil liberties complaints known to the Secretary
or Attorney General in connection with the use of that
authority by the designated agencies.
``(B) Reports on mitigation action.--Not later than 24
hours after a law enforcement agency designated under
paragraph (2) conducts a mitigation action pursuant to
paragraph (4), the law enforcement agency shall submit to the
Secretary and the Attorney General a report specifying the
date, time, and location of the mitigation action.
``(6) Restrictions.--Any entity acting pursuant to the
authorities granted under this subsection--
``(A) may do so only using equipment authorized by the
Department, in coordination with the Department of Justice,
the Federal Communications Commission, the National
Telecommunications and Information Administration, and the
Department of Transportation (acting through the Federal
Aviation Administration) according to the criteria described
in subsection (c)(2);
``(B) shall, prior to any such action, issue a written
policy certifying compliance with the privacy protections of
subparagraphs (A) through (D) of subsection (j)(2);
``(C) shall ensure that all personnel undertaking any
actions listed under this subsection are properly trained in
accordance with the criteria that the Secretary and Attorney
General shall collectively establish, in consultation with
the Secretary of Transportation, the Administrator of the
Federal Aviation Administration, the Chair of the Federal
Communications Commission, the Assistant Secretary of
Commerce for Communications and Information, and the
Administrator of the National Telecommunications and
Information Administration;
``(D) for 270 days after the date of enactment of the
Safeguarding the Homeland from the Threats Posed by Unmanned
Aircraft Systems Act of 2024, shall have the Secretary and
the Attorney General, or their designees, oversee and approve
on a case-by-case basis each action described in paragraph
(4); and
``(E) shall comply with any additional guidance relating to
compliance with this subsection issued by the Secretary or
Attorney General.
``(e) Actions Described.--
``(1) In general.--The actions authorized under subsection
(c) that may be taken by a State, local, Tribal, or
territorial law enforcement agency, the Department, the
Department of Justice, and any owner or operator of an
airport or critical infrastructure, are limited to actions
during the operation of an unmanned aircraft system, 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.
``(2) Clarification.--The actions authorized in subsections
(b) and (d)(4) are the following:
``(A) During the operation of the unmanned aircraft system
or unmanned aircraft, 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.
``(B) Warn the operator of the unmanned aircraft system or
unmanned aircraft, including by passive or active, and direct
or indirect, physical, electronic, radio, and electromagnetic
means.
``(C) Disrupt control of the unmanned aircraft system or
unmanned aircraft, without prior consent of the operator of
the unmanned aircraft system or unmanned aircraft, including
by disabling the unmanned aircraft system or unmanned
aircraft by intercepting, interfering, or causing
interference with wire, oral, electronic, or radio
communications used to control the unmanned aircraft system
or unmanned aircraft.
``(D) Seize or exercise control of the unmanned aircraft
system or unmanned aircraft.
``(E) Seize or otherwise confiscate the unmanned aircraft
system or unmanned aircraft.
``(F) Use reasonable force, if necessary, to disable,
damage, or destroy the unmanned aircraft system or unmanned
aircraft.
``(f) Research, Testing, Training, and Evaluation.--
``(1) Requirement.--
``(A) In general.--Notwithstanding section 46502 of title
49, United States Code, or any provision of title 18, United
States Code, the Secretary, the Attorney General, and the
heads of the State, local, Tribal, or territorial law
enforcement agencies designated pursuant to subsection (d)(2)
shall conduct research, testing, and 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 in carrying out
any action described in subsection (e).
``(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 federal, state, local, territorial, and
tribal law enforcement personnel.--The Attorney General,
acting through the Director of the Federal Bureau of
Investigation--
``(A) may--
``(i) provide training relating to measures to mitigate a
credible threat that an unmanned aircraft or unmanned
aircraft system poses to the safety or security of a covered
facility or asset to any personnel who are authorized to take
such measures, including personnel authorized to take the
actions described in subsection (e); and
``(ii) establish or designate 1 or more facilities or
training centers for the purpose described in clause (i); and
``(B) shall retain and provide proof of training and
certification to the Secretary after the successful
completion of the training by authorized personnel.
``(3) Coordination for research, testing, training, and
evaluation.--
``(A) In general.--The Secretary, the Attorney General, and
the heads of the State, local, Tribal, or territorial law
enforcement agencies designated pursuant to subsection (d)(2)
shall coordinate procedures governing research, testing,
training, and evaluation to carry out any provision under
this subsection 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.
``(B) Additional requirement.--Each head of a State, local,
Tribal, or territorial law enforcement agency designated
pursuant to subsection (d)(2) shall coordinate the procedures
governing research, testing, training, and evaluation of the
law enforcement agency through the Secretary and the Attorney
General, in coordination with the Federal Aviation
Administration.
``(g) Forfeiture.--Any unmanned aircraft system or unmanned
aircraft that is lawfully seized by the Secretary or the
Attorney General pursuant to subsection (b) is subject to
forfeiture to the United States pursuant to the provisions of
chapter 46 of title 18, United States Code.
[[Page S5831]]
``(h) Regulations and Guidance.--The Secretary, the
Attorney General, and the Secretary of Transportation--
``(1) may prescribe regulations and shall issue guidance in
the respective areas of each Secretary or the Attorney
General to carry out this section; and
``(2) in developing regulations and guidance described in
paragraph (1), shall consult the Chair of the Federal
Communications Commission, the Administrator of the National
Telecommunications and Information Administration, and the
Administrator of the Federal Aviation Administration.
``(i) Coordination.--
``(1) In general.--The Secretary and the Attorney General
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 Secretary or the Attorney
General shall each coordinate with--
``(A) the Secretary of Transportation in order that the
Secretary of Transportation may ensure the guidance or
implementation does not adversely impact or interfere with
any critical infrastructure relating to transportation; and
``(B) the Administrator of the Federal Aviation
Administration in order that the Administrator 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 Secretary and the
Attorney General shall coordinate the development of their
respective guidance under subsection (h) with the Secretary
of Transportation (acting through the Administrator of the
Federal Aviation Administration).
``(4) Coordination with the department of transportation
and national telecommunications and information
administration.--The Secretary and the Attorney General, and
the heads of any State, local, Tribal, or territorial law
enforcement agencies designated pursuant to subsection
(d)(2), through the Secretary and the Attorney General, shall
coordinate the development for their respective departments
or agencies of the actions described in subsection (e) with
the Secretary of Transportation (acting through the
Administrator of the Federal Aviation Administration), the
Assistant Secretary of Commerce for Communications and
Information, and the Administrator of the National
Telecommunications and Information Administration.
``(5) State, local, tribal, and territorial
implementation.--Prior to taking any action authorized under
subsection (d)(4), each head of a State, local, Tribal, or
territorial law enforcement agency designated under
subsection (d)(2) shall coordinate, through the Secretary and
the Attorney General--
``(A) with the Secretary of Transportation in order that
the Administrators of non-aviation modes of the Department of
Transportation may evaluate whether the action may have
adverse impacts on critical infrastructure relating to non-
aviation transportation;
``(B) with the Administrator of the Federal Aviation
Administration in order that the Administrator may ensure the
action will 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; and
``(C) to allow the Department and the Department of Justice
to ensure that any action authorized by this section is
consistent with Federal law enforcement or in the interest of
national security.
``(j) Privacy Protection.--
``(1) In general.--Any regulation or guidance issued to
carry out an action under subsection (e) by the Secretary or
the Attorney General shall ensure for the Department or the
Department of Justice, respectively, that--
``(A) the interception of, acquisition of, access to,
maintenance of, or use of any communication to or from an
unmanned aircraft system or 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;
``(B) any communication to or from an unmanned aircraft
system or unmanned aircraft are intercepted or acquired only
to the extent necessary to support an action described in
subsection (e);
``(C) any record of a communication described in
subparagraph (B) is maintained only for as long as necessary,
and in no event for more than 180 days, unless the Secretary
or the Attorney General, as applicable, determines that
maintenance of the record is--
``(i) required under Federal law;
``(ii) necessary for the purpose of litigation; and
``(iii) necessary to investigate or prosecute a violation
of law or directly supports an ongoing security operation;
and
``(D) a communication described in subparagraph (B) is not
disclosed to any person not employed or contracted by the
Department or the Department of Justice unless the
disclosure--
``(i) is necessary to investigate or prosecute a violation
of law;
``(ii) will support--
``(I) the Department of Defense;
``(II) a Federal law enforcement, intelligence, or security
agency;
``(III) a State, local, Tribal, or territorial law
enforcement agency; or
``(IV) another relevant entity or person if the entity or
person is engaged in a security or protection operation;
``(iii) is necessary to support a department or agency
listed in clause (ii) in investigating or prosecuting a
violation of law;
``(iv) will 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 (e);
``(v) is between the Department and the Department of
Justice in the course of a security or protection operation
of either department or a joint operation of those
departments; or
``(vi) is otherwise required by law.
``(2) Local privacy protection.--In exercising any
authority described in subsection (c) or (d), a State, local,
Tribal, or territorial law enforcement agency designated
under subsection (d)(2) or owner or operator of an airport or
critical infrastructure shall ensure that--
``(A) the interception of, acquisition of, access to,
maintenance of, or use of communications to or from an
unmanned aircraft system or unmanned aircraft under this
section is conducted in a manner consistent with--
``(i) the First and Fourth Amendments to the Constitution
of the United States; and
``(ii) applicable provisions of Federal law, and where
required, State, local, Tribal, and territorial law;
``(B) any communication to or from an unmanned aircraft
system or unmanned aircraft is intercepted or acquired only
to the extent necessary to support an action described in
subsection (e);
``(C) any record of a communication described in
subparagraph (B) is maintained only for as long as necessary,
and in no event for more than 180 days, unless the Secretary,
the Attorney General, or the head of a State, local, Tribal,
or territorial law enforcement agency designated under
subsection (d)(2) determines that maintenance of the record
is--
``(i) required to be maintained under Federal, State,
local, Tribal, or territorial law;
``(ii) necessary for the purpose of any litigation; or
``(iii) necessary to investigate or prosecute a violation
of law or directly supports an ongoing security or protection
operation; and
``(D) the communication is not disclosed outside the agency
or entity unless the disclosure--
``(i) is necessary to investigate or prosecute a violation
of law;
``(ii) would support the Department of Defense, a Federal
law enforcement, intelligence, or security agency, or a
State, local, Tribal, or territorial law enforcement agency;
``(iii) would support the enforcement activities of a
Federal regulatory agency in connection with a criminal or
civil investigation of, or any regulatory, statutory, or
other enforcement action relating to, an action described in
subsection (e);
``(iv) is to the Department or the Department of Justice in
the course of a security or protection operation of either
the Department or the Department of Justice, or a joint
operation of the Department and Department of Justice; or
``(v) is otherwise required by law.
``(k) Budget.--
``(1) In general.--The Secretary and the Attorney General
shall submit to Congress, as a part of the homeland security
or justice budget materials for each fiscal year after fiscal
year 2024, a consolidated funding display that identifies the
funding source for the actions described in subsection (e)
within the Department and the Department of Justice.
``(2) Classification.--Each funding display submitted under
paragraph (1) shall be in unclassified form but may contain a
classified annex.
``(l) Public Disclosures.--
``(1) In general.--Notwithstanding any provision of State,
local, Tribal, or territorial law, information shall be
governed by the disclosure obligations set forth in section
552 of title 5, United States Code (commonly known as the
`Freedom of Information Act'), if the information relates
to--
``(A) any capability, limitation, or sensitive detail of
the operation of any technology used to carry out an action
described in subsection (e)(1) of this section; or
``(B) an operational procedure or protocol used to carry
out this section.
``(2) State, local, tribal, or territorial agency use.--
``(A) Control.--Information described in paragraph (1) that
is obtained by a State, local, Tribal, or territorial law
enforcement agency from a Federal agency under this section--
``(i) shall remain subject to the control of the Federal
agency, notwithstanding that the State, local, Tribal, or
territorial law enforcement agency has the information
described in paragraph (1) in the possession of
[[Page S5832]]
the State, local, Tribal, or territorial law enforcement
agency; and
``(ii) shall not be subject to any State, local, Tribal, or
territorial law authorizing or requiring disclosure of the
information described in paragraph (1).
``(B) Access.--Any request for public access to information
described in paragraph (1) shall be submitted to the
originating Federal agency, which shall process the request
as required under section 552(a)(3) of title 5, United States
Code.
``(m) Assistance and Support.--
``(1) Facilities and services of other agencies and non-
federal entities.--
``(A) In general.--The Secretary and the Attorney General
are authorized to use or accept from any other Federal
agency, or any other public or private entity, any supply or
service to facilitate or carry out any action described in
subsection (e).
``(B) Reimbursement.--In accordance with subparagraph (A),
the Secretary and the Attorney General may accept any supply
or service with or without reimbursement to the entity
providing the supply or service and notwithstanding any
provision of law that would prevent the use or acceptance of
the supply or service.
``(C) Agreements.--To implement the requirements of
subsection (a)(5)(C), the Secretary or the Attorney General
may enter into 1 or more agreements with the head of another
executive agency or with an appropriate official of a non-
Federal public or private agency or entity, as may be
necessary and proper to carry out the responsibilities of the
Secretary and Attorney General under this section.
``(2) Mutual support.--
``(A) In general.--Subject to subparagraph (B), the
Secretary and the Attorney General are authorized to provide
support or assistance, upon the request of a Federal agency
or department conducting--
``(i) a mission described in subsection (a)(5)(C);
``(ii) a mission described in section 130i of title 10,
United States Code; or
``(iii) a mission described in section 4510 of the Atomic
Energy Defense Act (50 U.S.C. 2661).
``(B) Requirements.--Any support or assistance provided by
the Secretary or the Attorney General shall only be granted--
``(i) 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;
``(ii) when exigent circumstances exist;
``(iii) for a specified duration and location;
``(iv) within available resources;
``(v) on a non-reimbursable basis; and
``(vi) in coordination with the Administrator of the
Federal Aviation Administration.
``(n) Semiannual Briefings and Notifications.--
``(1) In general.--On a semiannual basis beginning 180 days
after the date of enactment of the Safeguarding the Homeland
from the Threats Posed by Unmanned Aircraft Systems Act of
2024, the Secretary and the Attorney General shall each
provide a briefing to the appropriate committees of Congress
on the activities carried out pursuant to this section.
``(2) Requirement.--The Secretary and the Attorney General
each shall conduct the briefing required under paragraph (1)
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
infrastructure relating to national transportation;
``(B) a description of--
``(i) each instance in which any action described in
subsection (e) has been taken, including any instances 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 Secretary or the Attorney General 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 Secretary or the Attorney
General that would significantly affect privacy, civil
rights, or civil liberties;
``(iii) options considered and steps taken by the Secretary
or the Attorney General to mitigate any identified impacts to
the national airspace system relating 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 (e)(2); and
``(iv) each instance in which a communication intercepted
or acquired during the course of operations of an unmanned
aircraft system or unmanned aircraft was--
``(I) held in the possession of the Department or the
Department of Justice for more than 180 days; or
``(II) shared with any entity other than the Department or
the Department of Justice;
``(C) an explanation of how the Secretary, the Attorney
General, 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 law enforcement agencies to implement and use
authorities granted under this section;
``(D) an assessment of whether any gaps or insufficiencies
remain in laws, regulations, and policies that impede the
ability of the Federal Government or State, local, Tribal,
and territorial governments and owners or operators of
critical infrastructure to counter the threat posed by the
malicious use of unmanned aircraft systems and unmanned
aircraft;
``(E) an assessment of efforts to integrate unmanned
aircraft system threat assessments within National Special
Security Event and Special Event Assessment Rating event
planning and protection efforts;
``(F) recommendations to remedy any gaps or insufficiencies
described in subparagraph (D), including recommendations
relating to necessary changes in law, regulations, or
policies;
``(G) a description of the impact of the authorities
granted under this section on--
``(i) lawful operator access to national airspace; and
``(ii) unmanned aircraft systems and unmanned aircraft
integration into the national airspace system; and
``(H) a summary from the Secretary of any data and results
obtained pursuant to subsection (r), including an assessment
of--
``(i) how the details of the incident were obtained; and
``(ii) whether the operation involved a violation of
Federal Aviation Administration aviation regulations.
``(4) Unclassified form.--Each briefing required under
paragraph (1) shall be in unclassified form but may be
accompanied by an additional classified briefing.
``(5) Notification.--
``(A) In general.--Not later than 30 days after an
authorized department, agency, or owner or operator of an
airport or critical infrastructure deploys any new technology
to carry out the actions described in subsection (e), the
Secretary and the Attorney General shall, individually or
jointly, as appropriate, submit a notification of the
deployment to the appropriate committees of Congress.
``(B) Contents.--Each notification submitted pursuant to
subparagraph (A) shall include a description of options
considered to mitigate any identified impacts to the national
airspace system relating 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 in carrying out the actions described in
subsection (e).
``(o) Rule of Construction.--Nothing in this section shall
be construed to--
``(1) vest in the Secretary, the Attorney General, or any
State, local, Tribal, or territorial law enforcement agency
that is authorized under subsection (c) or designated under
subsection (d)(2) any authority of the Secretary of
Transportation or the Administrator of the Federal Aviation
Administration;
``(2) vest in the Secretary of Transportation, the
Administrator of the Federal Aviation Administration, or any
State, local, Tribal, or territorial law enforcement agency
designated under subsection (d)(2) any authority of the
Secretary or the Attorney General;
``(3) vest in the Secretary any authority of the Attorney
General;
``(4) vest in the Attorney General any authority of the
Secretary; or
``(5) provide a new basis of liability with respect to an
officer of a State, local, Tribal, or territorial law
enforcement agency designated under subsection (d)(2) or who
participates in the protection of a mass gathering identified
by the Secretary or Attorney General under subsection
(a)(5)(C)(iii)(II), who--
``(A) is acting in the official capacity of the individual
as an officer; and
``(B) does not exercise the authority granted to the
Secretary and the Attorney General by this section.
``(p) Termination.--
``(1) Termination of additional limited authority for
detection, identification, monitoring, and tracking.--The
authority to carry out any action authorized under subsection
(c), if performed by a non-Federal entity, shall terminate on
the date that is 5 years and 6 months after the date of
enactment of the Safeguarding the Homeland from the Threats
Posed by Unmanned Aircraft Systems Act of 2024 and the
authority under the pilot program established under
subsection (d) shall terminate as provided for in paragraph
(3) of that subsection.
``(2) Termination of authorities with respect to covered
facilities and assets.--The authority to carry out this
section with respect to a covered facility or asset shall
terminate on the date that is 5 years and 6 months after the
date of enactment of the Safeguarding the Homeland from the
Threats Posed by Unmanned Aircraft Systems Act of 2024.
``(q) Scope of Authority.--Nothing in this section shall be
construed to provide the Secretary or the Attorney General
with any additional authority other than the authorities
described in subsections (a)(5)(C)(iii), (b), (c), (d), (f),
and (m).''.
SEC. 1096. UNMANNED AIRCRAFT SYSTEM DETECTION AND MITIGATION
ENFORCEMENT AUTHORITY.
(a) In General.--Chapter 448 of title 49, United States
Code is amended by adding at the end the following:
``SEC. 44815. UNMANNED AIRCRAFT SYSTEM DETECTION AND
MITIGATION ENFORCEMENT.
``(a) Prohibition.--
[[Page S5833]]
``(1) In general.--No person may operate a system or
technology to detect, identify, monitor, track, or mitigate
an unmanned aircraft or unmanned aircraft system in a manner
that adversely impacts or interferes with safe airport
operations, navigation, or air traffic services, or the safe
and efficient operation of the national airspace system.
``(2) Actions by the administrator.--The Administrator of
the Federal Aviation Administration may take such action as
may be necessary to address the adverse impacts or
interference of operations that violate paragraph (1).
``(b) Rule of Construction.--The term `person' as used in
this section does not include--
``(1) the Federal Government or any bureau, department,
instrumentality, or other agency of the Federal Government;
or
``(2) an officer, employee, or contractor of the Federal
Government or any bureau, department, instrumentality, or
other agency of the Federal Government if the officer,
employee, or contractor is authorized by the Federal
Government or any bureau, department, instrumentality, or
other agency of the Federal Government to operate a system or
technology referred to in subsection (a)(1).
``(3) Briefing to congress.--Not later than 1 year after
the date of enactment of this section, and annually
thereafter, the Administrator shall brief the appropriate
committees of Congress on any enforcement actions taken
(including any civil penalties imposed) using the authority
under this section.''.
(b) Penalties.--Section 46301(a) of title 49, United States
Code, is amended in subsection (a) by inserting after
paragraph (8) the following:
``(9) Penalties relating to the operation of unmanned
aircraft system detection and mitigation technologies.--
Notwithstanding subsections (a)(1) and (a)(5), the maximum
civil penalty for a violation of section 44815, committed by
a person described in that section, including an individual
or small business concern, shall be the maximum civil penalty
authorized under subsection (a)(1) of this section for
persons other than an individual or small business
concern.''.
(c) Clerical Amendment.--The analysis for chapter 448 of
title 49, United States Code, is amended by inserting after
the item relating to section 44814 the following:
``44815. Unmanned aircraft system detection and mitigation
enforcement.''.
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