[Congressional Record Volume 171, Number 132 (Thursday, July 31, 2025)]
[Senate]
[Page S5107]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3346. Mr. COTTON (for himself, Mrs. Gillibrand, Mr. Banks, Mrs.
Blackburn, Mr. Blumenthal, Mr. Boozman, Mrs. Britt, Mr. Budd, Mrs.
Capito, Ms. Collins, Mr. Cornyn, Ms. Ernst, Ms. Hirono, Mr. Hoeven, Mr.
Justice, Mr. Kelly, Mr. Lankford, Ms. Lummis, Mr. McConnell, Mr. Moran,
Mr. Ricketts, Ms. Rosen, Mr. Schmitt, Mr. Scott of Florida, Mrs.
Shaheen, Mr. Sullivan, Mr. Tillis, Mr. Young, Mr. Mullin, Mr. Kaine,
Mr. Johnson, Ms. Slotkin, and Mr. Gallego) submitted an amendment
intended to be proposed by him to the bill S. 2296, to authorize
appropriations for fiscal year 2026 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 E of title III, add the following:
SEC. 350. PROTECTION OF UNITED STATES ASSETS FROM INCURSIONS.
Section 130i of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Notwithstanding'' and inserting ``(1)
Notwithstanding'';
(B) by striking ``any provision of title 18'' and inserting
``sections 32, 1030, and 1367 and chapters 119 and 206 of
title 18''; and
(C) by adding at the end the following new paragraph:
``(2) The Secretary of Defense shall delegate the authority
under paragraph (1) to take actions described in subsection
(b)(1) to the commander of a unified combatant command, the
Secretary concerned, or such other official of the Department
of Defense as the Secretary of Defense considers
appropriate.'';
(2) in subsection (b)(1)(B), by inserting before the period
at the end the follow: ``, including through the use of
remote identification broadcast or other means'';
(3) in subsection (e)(4)--
(A) in subparagraph (B), by striking ``; or'' and inserting
a semicolon;
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following new
subparagraph:
``(C) would support another Federal agency with authority
to mitigate the threat of unmanned aircraft systems or
unmanned aircraft in mitigating such threats; or'';
(4) by redesignating subsections (g), (h), (i), and (j) as
subsections (h), (j), (k) and (l), respectively;
(5) by inserting after subsection (f) the following new
subsection:
``(g) Exemption From Disclosure.--Information pertaining to
the technology, procedures, and protocols used to carry out
this section, including any regulations or guidance issued to
carry out this section, shall be exempt from disclosure under
section 552(b)(3) of title 5 and any State or local law
requiring the disclosure of information.'';
(6) in subsection (h)(1), as so redesignated, in the matter
preceding subparagraph (A), by striking ``March 1, 2018'' and
inserting ``January 1, 2026'';
(7) by inserting after subsection (h), as redesignated by
paragraph (4), the following new subsection:
``(i) Applicability of Other Laws to Activities Related to
the Mitigation of Threats From Unmanned Aircraft Systems or
Unmanned Aircraft.--Sections 32, 1030, and 1367 and chapters
119 and 206 of title 18, and section 46502 of title 49, may
not be construed to apply to activities of the Department of
Defense or the Coast Guard, whether under this section or any
other provision of law, that--
``(1) are conducted outside the United States; and
``(2) are related to the mitigation of threats from
unmanned aircraft systems or unmanned aircraft.'';
(8) in subsection (k), as so redesignated--
(A) in paragraph (1)--
(i) by striking ``subsection (j)(3)(C)'' and inserting
``subsection (l)(3)(C)''; and
(ii) by striking ``December 31, 2026'' and inserting
``December 31, 2030''; and
(B) in paragraph (2)--
(i) by striking ``180 days'' and inserting ``one year'';
and
(ii) by striking ``November 15, 2026'' and inserting
``November 15, 2030''; and
(9) in subsection (l), as so redesignated--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting ``the Committee on
Homeland Security and Governmental Affairs,'' after ``the
Committee on the Judiciary,''; and
(ii) in subparagraph (C), by inserting ``the Committee on
Homeland Security,'' after ``the Committee on the
Judiciary,'';
(B) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively;
(C) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The term `unified combatant command' has the meaning
given that term in section 161 of this title.''; and
(D) in paragraph (4), as redesignated by subparagraph (B)--
(i) in clause (viii), by striking ``; or'' and inserting a
semicolon;
(ii) in clause (ix), by striking the period at the end and
inserting a semicolon; and
(iii) by adding at the end the following new clauses:
``(x) protection of the buildings, grounds, and property to
which the public are not permitted regular, unrestricted
access and that are under the jurisdiction, custody, or
control of the Department of Defense and the persons on that
property pursuant to section 2672 of this title;
``(xi) assistance to Federal, State, or local officials in
responding to incidents involving nuclear, radiological,
biological, or chemical weapons, high-yield explosives, or
related materials or technologies, including pursuant to
section 282 of this title or the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq);
``(xii) activities listed in section 2692(b) of this title;
or
``(xiii) emergency response that is limited to a specified
timeframe and location.''.
______