[Congressional Record Volume 170, Number 126 (Thursday, August 1, 2024)]
[Senate]
[Pages S5833-S5835]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3236. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her 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 appropriate place in title X, insert the following:

     SEC. ___. PROTECTION OF CENTRAL INTELLIGENCE AGENCY 
                   FACILITIES AND ASSETS FROM UNMANNED AIRCRAFT.

       The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 
     et seq.) is amended by inserting after section 15 the 
     following new section (and conforming the table of contents 
     at the beginning of such Act accordingly):

     ``SEC. 15A. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM 
                   UNMANNED AIRCRAFT.

       ``(a) Definitions.--In this section:
       ``(1) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(A) the congressional intelligence committees;
       ``(B) the Committee on the Judiciary, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Homeland Security and Governmental Affairs, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the Senate; and
       ``(C) the Committee on the Judiciary, the Committee on 
     Transportation and Infrastructure, the Committee on Homeland 
     Security, and the Subcommittee on Defense of the Committee on 
     Appropriations of the House of Representatives.
       ``(2) Budget.--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.
       ``(3) Congressional intelligence committees.--The term 
     `congressional intelligence

[[Page S5834]]

     committees' has the meaning given such term in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003).
       ``(4) Covered facility or asset.--The term `covered 
     facility or asset' means--
       ``(A) the headquarters compound of the Agency; and
       ``(B) property controlled and occupied by the Federal 
     Highway Administration, located immediately adjacent to the 
     headquarters compound of the Agency.
       ``(5) Electronic communication.--The term `electronic 
     communication' has the meaning given such term in section 
     2510 of title 18, United States Code.
       ``(6) Intercept.--The term `intercept' has the meaning 
     given such term in section 2510 of title 18, United States 
     Code.
       ``(7) Oral communication.--The term `oral communication' 
     has the meaning given such term in section 2510 of title 18, 
     United States Code.
       ``(8) Radio communication.--The term `radio communication' 
     has the meaning given that term in section 3 of the 
     Communications Act of 1934 (47 U.S.C. 153).
       ``(9) United states.--The term `United States' has the 
     meaning given that term in section 5 of title 18, United 
     States Code.
       ``(10) 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.
       ``(11) Wire communication.--The term `wire communication' 
     has the meaning given such term in section 2510 of title 18, 
     United States Code.
       ``(b) Authority.--Notwithstanding section 46502 of title 
     49, United States Code, or sections 32, 1030, and 1367 and 
     chapters 119 and 206 of title 18, United States Code, the 
     Director may take, and may authorize Agency personnel with 
     assigned duties that include the security or protection of 
     people, facilities, or assets within the United States to 
     take--
       ``(1) such actions described in subsection (c)(1) that are 
     necessary to mitigate a credible threat (as defined by the 
     Director, in consultation with the Secretary of 
     Transportation) that an unmanned aircraft system or unmanned 
     aircraft poses to the safety or security of a covered 
     facility or asset; and
       ``(2) such actions described in subsection (c)(3).
       ``(c) Actions.--
       ``(1) Actions described.--The actions described in this 
     paragraph are the following:
       ``(A) During the operation of the unmanned aircraft system, 
     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 by 
     direct or indirect physical, electronic, radio, or 
     electromagnetic means.
       ``(C) Disrupt control of the unmanned aircraft system or 
     unmanned aircraft, without prior consent, 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 over 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 seize or 
     otherwise disable, damage, or destroy the unmanned aircraft 
     system or unmanned aircraft.
       ``(2) Coordination.--The Director shall develop the actions 
     described in paragraph (1) in coordination with the Secretary 
     of Transportation.
       ``(3) Research, testing, training, and evaluation.--
       ``(A) In general.--The Director shall conduct research, 
     testing, training on, and evaluation of any equipment, 
     including any electronic equipment, to determine the 
     capability and utility of the equipment prior to the use of 
     the equipment for any action described in paragraph (1).
       ``(B) Personnel.--Personnel and contractors who do not have 
     assigned duties that include the security or protection of 
     people, facilities, or assets may engage in research, 
     testing, training, and evaluation activities pursuant to 
     subparagraph (A).
       ``(4) FAA coordination.--The Director shall coordinate with 
     the Administrator of the Federal Aviation Administration on 
     any action described in paragraph (1) or (3) so the 
     Administrator may ensure that unmanned aircraft system 
     detection and mitigation systems do not adversely affect or 
     interfere with safe airport operations, navigation, air 
     traffic services, or the safe and efficient operation of the 
     National Airspace System.
       ``(d) Forfeiture.--Any unmanned aircraft system or unmanned 
     aircraft that is seized pursuant to subsection (b) as 
     described in subsection (c)(1) is subject to forfeiture to 
     the United States.
       ``(e) Regulations and Guidance.--
       ``(1) Issuance.--The Director and the Secretary of 
     Transportation may each prescribe regulations, and shall each 
     issue guidance, to carry out this section.
       ``(2) Coordination.--
       ``(A) Requirement.--The Director shall coordinate the 
     development of guidance under paragraph (1) with the 
     Secretary of Transportation.
       ``(B) Aviation safety.--The Director shall coordinate with 
     the Secretary of Transportation and the Administrator of the 
     Federal Aviation Administration before issuing any guidance, 
     or otherwise implementing this section, so the Administrator 
     may ensure that unmanned aircraft system detection and 
     mitigation systems do not adversely affect or interfere with 
     safe airport operations, navigation, air traffic services, or 
     the safe and efficient operation of the National Airspace 
     System.
       ``(f) Privacy Protection.--The regulations prescribed or 
     guidance issued under subsection (e) shall ensure that--
       ``(1) the interception or acquisition of, or access to, or 
     maintenance or use of, communications 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 
     applicable provisions of Federal law;
       ``(2) communications 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 
     (c);
       ``(3) records of such communications are maintained only 
     for as long as necessary, and in no event for more than 180 
     days, unless the Director determines that maintenance of such 
     records for a longer period is necessary for the 
     investigation or prosecution of a violation of law, to 
     fulfill a duty, responsibility, or function of the Agency, is 
     required under Federal law, or for the purpose of any 
     litigation; and
       ``(4) such communications are not disclosed outside the 
     Agency unless the disclosure--
       ``(A) is necessary to investigate or prosecute a violation 
     of law;
       ``(B) would support the Agency, the Department of Defense, 
     a Federal law enforcement, intelligence, or security agency, 
     a State, local, Tribal, or territorial law enforcement 
     agency, or other relevant person or entity if such entity or 
     person is engaged in a security or protection operation;
       ``(C) is necessary to support a department or agency listed 
     in subparagraph (B) in investigating or prosecuting a 
     violation of law;
       ``(D) would support the enforcement activities of a 
     regulatory agency of the Federal Government in connection 
     with a criminal or civil investigation of, or any regulatory, 
     statutory, or other enforcement action relating to, an action 
     described in subsection (b);
       ``(E) is necessary to protect against dangerous or 
     unauthorized activity by unmanned aircraft systems or 
     unmanned aircraft;
       ``(F) is necessary to fulfill a duty, responsibility, or 
     function of the Agency; or
       ``(G) is otherwise required by law.
       ``(g) Budget.--
       ``(1) In general.--The Director shall submit to the 
     congressional intelligence committees, the Subcommittee on 
     Defense of the Committee on Appropriations of the Senate, and 
     the Subcommittee on Defense of the Committee on 
     Appropriations of the House of Representatives, as a part of 
     the budget request of the Agency for each fiscal year after 
     fiscal year 2025, a consolidated funding display that 
     identifies the funding source for the actions described in 
     subsection (c)(1) within the Agency.
       ``(2) Form.--Each funding display submitted pursuant to 
     paragraph (1) shall be in unclassified form, but may contain 
     a classified annex.
       ``(h) Semiannual Briefings and Notifications.--
       ``(1) Briefings.--Not later than 180 days after the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2025 and semiannually thereafter, the Director 
     shall provide the appropriate committees of Congress a 
     briefing on the activities carried out pursuant to this 
     section during the period covered by the briefing.
       ``(2) Requirement.--Each briefing under paragraph (1) shall 
     be conducted jointly with the Secretary of Transportation.
       ``(3) Contents.--Each briefing under paragraph (1) shall 
     include, for the period covered by the briefing, the 
     following:
       ``(A) Policies, programs, and procedures to mitigate or 
     eliminate the effects of the activities described in 
     paragraph (1) to the National Airspace System and other 
     critical national transportation infrastructure.
       ``(B) A description of instances in which actions described 
     in subsection (c)(1) have been taken, including all such 
     instances that may have resulted in harm, damage, or loss to 
     a person or to private property.
       ``(C) A description of the guidance, policies, or 
     procedures established to address privacy, civil rights, and 
     civil liberties issues affected by the actions allowed under 
     this section, as well as any changes or subsequent efforts 
     that would significantly affect privacy, civil rights, or 
     civil liberties.
       ``(D) A description of options considered and steps taken 
     to mitigate any identified effects on 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 (c)(1).
       ``(E) A description of instances in which communications 
     intercepted or acquired during the course of operations of an 
     unmanned aircraft system or unmanned aircraft were

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     maintained for more than 180 days or disclosed outside the 
     Agency.
       ``(F) How the Director and the Secretary of Transportation 
     have informed the public as to the possible use of 
     authorities under this section.
       ``(G) How the Director and the Secretary of Transportation 
     have engaged with Federal, State, local, territorial, or 
     Tribal law enforcement agencies to implement and use such 
     authorities.
       ``(H) An assessment of whether any gaps or insufficiencies 
     remain in statutes, regulations, and policies that impede the 
     ability of the Agency to counter the threat posed by the 
     malicious use of unmanned aircraft systems and unmanned 
     aircraft and any recommendations to remedy such gaps or 
     insufficiencies.
       ``(4) Form.--Each briefing under paragraph (1) shall be in 
     unclassified form, but may be accompanied by an additional 
     classified report.
       ``(5) Notification.--
       ``(A) In general.--Within 30 days of deploying any new 
     technology to carry out the actions described in subsection 
     (c)(1), the Director shall submit to the congressional 
     intelligence committees, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives a notification of the deployment 
     of such technology.
       ``(B) Contents.--Each notification submitted pursuant to 
     subparagraph (A) shall include a description of options 
     considered to mitigate any identified effects on 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 (c)(1).
       ``(i) Rule of Construction.--Nothing in this section may be 
     construed--
       ``(1) to vest in the Director any authority of the 
     Secretary of Transportation or the Administrator of the 
     Federal Aviation Administration; or
       ``(2) to vest in the Secretary of Transportation or the 
     Administrator of the Federal Aviation Administration any 
     authority of the Director.
       ``(j) Termination.--The authority to carry out this section 
     with respect to the actions specified in subparagraphs (B) 
     through (F) of subsection (c)(1), shall terminate on the date 
     set forth in section 210G(i) of the Homeland Security Act of 
     2002 (6 U.S.C. 124n(i)).
       ``(k) Scope of Authority.--Nothing in this section shall be 
     construed to provide the Director or the Secretary of 
     Transportation with additional authorities beyond those 
     described in subsections (b) and (d).''.

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