[Senate Report 117-277]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 676
117th Congress      }                                   {       Report
                                 SENATE
 2d Session         }                                   {      117-277
_______________________________________________________________________

                                     



                     SAFEGUARDING THE HOMELAND FROM

         THREATS POSED BY UNMANNED AIRCRAFT SYSTEMS ACT OF 2022

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 4687

                TO ENHANCE THE AUTHORITY GRANTED TO THE
             DEPARTMENT OF HOMELAND SECURITY AND DEPARTMENT
              OF JUSTICE WITH RESPECT TO UNMANNED AIRCRAFT
         SYSTEMS AND UNMANNED AIRCRAFT, AND FOR OTHER PURPOSES









[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]








               December 19, 2022.--Ordered to be printed     
                             _________
                              
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
39-010                   WASHINGTON : 2023
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
         Christopher J. Mulkins, Director of Homeland Security
            Benjamin J. Schubert, Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Clyde E. Hicks Jr., Minority Director of Homeland Security
          Roland Hernandez, Minority Professional Staff Member
                     Laura W. Kilbride, Chief Clerk    
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                                                      Calendar No. 676
117th Congress      }                                   {       Report
                                 SENATE
 2d Session         }                                   {      117-277

======================================================================



 
   SAFEGUARDING THE HOMELAND FROM THREATS POSED BY UNMANNED AIRCRAFT 
                          SYSTEMS ACT OF 2022

                                _______
                                

               December 19, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 4687]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 4687) to enhance 
the authority granted to the Department of Homeland Security 
and Department of Justice with respect to unmanned aircraft 
systems and unmanned aircraft, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment, in the nature of a substitute, and recommends that 
the bill, as amended, do pass.

                                CONTENTS

                                                                     Page
  I. Purpose and Summary..............................................  1
 II. Background and Need for the Legislation..........................  2
III. Legislative History..............................................  6
 IV. Section-by-Section Analysis of the Bill, as Reported.............  7
  V. Evaluation of Regulatory Impact.................................  10
 VI. Congressional Budget Office Cost Estimate.......................  10
VII. Changes in Existing Law Made by the Bill, as Reported...........  13

                         I. Purpose and Summary

    S. 4687, the Safeguarding the Homeland from the Threats 
Posed by Unmanned Aircraft Systems Act of 2022, enhances our 
nation's ability to counter the threat posed by unmanned 
aircraft systems (UAS) by addressing existing policy and legal 
gaps to strengthen the Department of Homeland Security (DHS) 
and Department of Justice's (DOJ) authorities to execute their 
countering unmanned aircraft systems (C-UAS) missions. 
Specifically, the bill reauthorizes DHS and DOJ's current C-UAS 
authorities provided by the Preventing Emerging Threats Act of 
2018. Additionally, the bill authorizes the Transportation 
Security Administration (TSA) to proactively protect 
transportation infrastructure from drone threats, which would 
grant TSA the authority to deploy C-UAS detection and 
mitigation equipment beyond limited emergency circumstances.
    The bill also authorizes DHS and DOJ to use existing 
authorities to protect critical infrastructure at the request 
of an infrastructure facility's owner or operator. The 
legislation authorizes state, local, territorial, and tribal 
(SLTT) law enforcement and critical infrastructure owners and 
operators to conduct drone detection-only with safe and proven 
technology. Detection equipment authorized for use would be 
limited to a DHS list of approved systems. The equipment 
included on this list will be tested and evaluated by DHS or 
DOJ, in coordination with other federal agencies, for risks, 
including potential counterintelligence and cybersecurity 
risks, and reevaluated annually for any changes in those risks. 
Next, the bill creates a limited 6-year pilot program for SLTT 
law enforcement to mitigate threats in their jurisdictions 
through federal sponsorship and oversight by DHS and DOJ. 
Finally, the bill provides DHS with explicit authority to 
develop a database of security-related UAS incidents that occur 
inside the United States.

              II. Background and Need for the Legislation

    The use of UAS technology in the United States has grown 
rapidly in recent years, and the Federal Aviation 
Administration (FAA) estimates that by 2024, about 2.3 million 
UAS, including 1.5 million recreational drones and model 
aircraft and about 800,000 commercial UAS, will be registered 
to fly in U.S. airspace.\1\ As the UAS market expands, drones 
will bring substantial benefits to our society and economy as 
the technology transforms the delivery of goods and the 
provision of services.\2\ Commercial drone use is already 
generating billions of dollars of economic growth. Law 
enforcement and public safety use of drones is also increasing 
and enables law enforcement entities to perform critical public 
safety missions while reducing risk to personnel and the 
public.\3\
---------------------------------------------------------------------------
    \1\Congressional Research Service, Protecting Against Rogue Drones 
(IF11550) (Sept. 3, 2020).
    \2\Senate Committee on Homeland Security and Governmental Affairs, 
Testimony Submitted for the Record of Deputy Assistant Attorney General 
Brad Wiegmann, Department of Justice, Hearing on Protecting the 
Homeland from Unmanned Aircraft Systems, 117th Cong. (July 14, 2022) 
(S. Hrg. 117-XX).
    \3\Id.
---------------------------------------------------------------------------
    As the UAS market expands, the homeland faces an increasing 
risk that rogue UAS owners and operators that either fail to 
obey safety rules or are operated for nefarious purposes could 
threaten manned aircraft operations, airports, critical 
infrastructure facilities, and high-profile events. Between 
November 2014 and June 2022, there were at least three 
confirmed collisions between UAS and manned aircraft in the 
United States, and numerous near midair collisions reported by 
pilots between manned aircraft and UAS.\4\ FAA-sponsored 
research has found that collisions with drones weighing eight 
pounds or less can cause more structural damage than collisions 
with birds of similar weight.\5\ Experts fear that a collision 
between a small drone and a manned aircraft, or a drone being 
ingested into a jet engine, would be catastrophic.\6\
---------------------------------------------------------------------------
    \4\Federal Aviation Administration, UAS Sightings Report (https://
www.faa.gov/uas/resources/public_records/uas_sightings_report) 
(accessed Dec. 2, 2022).
    \5\Federal Aviation Administration: Researchers Release Report on 
Drone Airborne Collisions (Nov. 28, 2017).
    \6\Id.
---------------------------------------------------------------------------
    In September 2017, a hobby drone launched from a park in 
Brooklyn, New York, was intentionally flown beyond its 
operator's line of sight and collided with a U.S. Army Black 
Hawk helicopter patrolling a temporary no-fly zone around New 
York City. The helicopter landed safely, but the incident 
damaged the main rotor assembly, where fragments of the drone 
were found.\7\ In December 2018, hundreds of flights at 
London's Gatwick airport were canceled over a three-day period 
following multiple drone sightings near the runway.\8\ Three 
weeks later, London's Heathrow airport was briefly shut down 
due to a drone sighting, as was Newark-Liberty Airport in New 
Jersey in January 2019.\9\ Since those incidents took place, 
the UAS threat to manned aviation has only increased. Since 
2021, TSA has reported nearly 2,000 drone sightings near U.S. 
airports, including incursions at major airports on an almost 
daily basis.\10\ The most serious drone incidents force pilots 
to take evasive action during takeoff and landing to avoid 
potentially fatal collisions. During 2021-2022, TSA reported 63 
drone incidents requiring evasive action.\11\
---------------------------------------------------------------------------
    \7\Congressional Research Service, Protecting Against Rogue Drones 
(IF11550) (Sept. 3, 2020); See Drone Operator Blamed for Collision With 
Helicopter in New York, Bloomberg (Dec. 14, 2017) (https://
www.bloomberg.com/news/articles/2017-12-14/drone-operator-blamed-for-
collision-with-helicopter-in-new-york#xj4y7vzkg).
    \8\The Mystery of the Gatwick Drone, The Guardian (Dec. 1 2020) 
(https://www.theguardian .com/uk-news/2020/dec/01/the-mystery-of-the-
gatwick-drone).
    \9\Congressional Research Service, Protecting Against Rogue Drones 
(IF11550-3) (Sept. 3, 2020).
    \10\Senate Committee on Homeland Security and Governmental Affairs, 
Testimony Submitted for the Record of Acting Assistant Secretary for 
Counterterrorism, Threat Prevention, and Law Enforcement Samantha 
Vinograd, Department of Homeland Security, Hearing on Protecting the 
Homeland from Unmanned Aircraft Systems, 117th Cong. (July 14, 2022) 
(S. Hrg. 117-XX).
    \11\Id.
---------------------------------------------------------------------------
    In addition to posing a threat to manned aircraft 
operations, critical infrastructure owners and operators 
consistently report suspicious activity of UAS being operated 
near critical infrastructure and services.\12\ In 2020, law 
enforcement discovered a crashed drone outside an electrical 
substation in Pennsylvania, which had been modified with a 
tether and copper wire to cause an intentional power disruption 
by causing damage to transformers or distribution lines.\13\ 
During 2021-2022, the Federal Bureau of Investigation (FBI) 
identified 235 reports of suspicious drone flights at or near 
chemical plants in Louisiana.\14\ Similar UAS incidents also 
occurred at oil storage facilities in Oklahoma and natural gas 
facilities in Texas. Given the volume of reports of suspicious 
UAS activity near critical infrastructure facilities, malicious 
actors, if they so choose, could pose a devastating 
interruption to our national security, economic security, 
public health, and safety.
---------------------------------------------------------------------------
    \12\Id.
    \13\Id.; Memo: Drone at Pa. electric substation was first to 
`specifically target energy infrastructure', ABC7 Los Angeles (Nov. 4, 
2021) (https://abc7.com/drone-threat-pennsylvania-substation-electric-
grid-supply/11197345/).
    \14\Id.
---------------------------------------------------------------------------
    Transnational criminal organizations (TCOs) are also using 
drones to convey narcotics and contraband across U.S. borders 
and conduct surveillance of U.S. law enforcement.\15\ From 
August 2021 to May 2022, U.S. Customs and Border Protection 
(CBP) detected more than 8,000 illegal cross-border drone 
flights at the southern border, an average of nearly 900 
incursions per month.\16\
---------------------------------------------------------------------------
    \15\Id.
    \16\Id.
---------------------------------------------------------------------------
    Outdoor mass gatherings, like open-air sports stadiums, are 
also particularly vulnerable to drone attacks. For example, in 
2022, a defendant was sentenced after using a drone to drop 
flyers over spectators at two separate National Football League 
(NFL) games occurring the same afternoon in California.\17\ A 
more nefarious actor could have used the drone to drop 
explosives or spray deadly chemical agents on the crowd.
---------------------------------------------------------------------------
    \17\Senate Committee on Homeland Security and Governmental Affairs, 
Testimony Submitted for the Record of Deputy Assistant Attorney General 
Brad Wiegmann, Department of Justice, Hearing on Protecting the 
Homeland from Unmanned Aircraft Systems, 117th Cong. (July 14, 2022) 
(S. Hrg. 117-XX).
---------------------------------------------------------------------------
    Congress originally provided DHS and DOJ with C-UAS 
authorities as part of the FAA Reauthorization Act of 2018 and, 
since enactment, DHS has used these authorities over 300 times 
to protect our nation's facilities and assets from credible UAS 
threats.\18\ In fact, DHS components, including the U.S. Secret 
Service and the Federal Protective Service, have used UAS 
detection and C-UAS technologies over 200 times, often in 
sensitive protective missions. The FBI has used the authority 
to protect numerous large public events, such as the Super 
Bowl. Additionally, the FBI has conducted 70 UAS detection and 
C-UAS protection operations at large events, ranging from the 
Super Bowl to the New Year's Eve celebration in New York City's 
Times Square.\19\ During those 70 operations, the FBI's C-UAS 
teams detected 974 unauthorized drones operating in flight 
restricted areas, located the operator in 279 instances, and 
attempted mitigation against 50 drones.\20\ Those 70 operations 
represent 0.05 percent of the over 121,000 events during that 
time for which State, local, and federal officials requested an 
assessment and Special Events Assessment Rating (SEAR) so that 
UAS detection and C-UAS support could be provided. According to 
DOJ, it is clear that the demand for C-UAS support around the 
country is outpacing the federal government's resources, and 
they are not able to conduct these operations without support 
from state and local law enforcement partners.\21\ This 
legislation builds on the existing DHS and DOJ authorities to 
strengthen the Departments' C-UAS missions in the face of the 
evolving UAS threat.
---------------------------------------------------------------------------
    \18\FAA Reauthorization Act of 2018, Pub. L. No. 115-254, Sec. 
1602; Senate Committee on Homeland Security and Governmental Affairs, 
Testimony Submitted for the Record of Acting Assistant Secretary for 
Counterterrorism, Threat Prevention, and Law Enforcement Samantha 
Vinograd, Department of Homeland Security, Hearing on Protecting the 
Homeland from Unmanned Aircraft Systems, 117th Cong. (July 14, 2022) 
(S. Hrg. 117-XX).
    \19\Senate Committee on Homeland Security and Governmental Affairs, 
Testimony Submitted for the Record of Deputy Assistant Attorney General 
Brad Wiegmann, Department of Justice, Hearing on Protecting the 
Homeland from Unmanned Aircraft Systems, 117th Cong. (July 14, 2022) 
(S. Hrg. 117-XX).
    \20\Id.
    \21\Id.
---------------------------------------------------------------------------
    In addition to extending the 2018 authorities, this bill 
will close legal and policy gaps in DHS and DOJ's existing C-
UAS authorities that will strengthen the Departments' C-UAS 
missions. The legislation also retains the requirement for the 
departments to provide Congressional committees with semi-
annual briefings on the use of these authorities. Additionally, 
S. 4687 terminates C-UAS authorities provided in this 
legislation 7 years after enactment to ensure Congress is able 
to consider the continuation of the authorities and examine if 
any changes should be made. Next, the legislation authorizes 
TSA to proactively protect transportation infrastructure from 
UAS threats, which would remedy a current significant gap in 
DHS C-UAS authorities. This would enable TSA to deploy C-UAS 
detection and mitigation equipment beyond limited emergency 
circumstances and provide airports with ongoing and long-term 
protection from UAS threats.
    Additionally, this legislation authorizes SLTT law 
enforcement entities and owners or operators of airports or 
critical infrastructure to use certain UAS detection-only 
capabilities, subject to specified conditions and safeguards in 
the legislation that allow those entities to close the demand 
gap between what the federal government is currently able to 
support and requests for assistance. This will allow to local 
enforcement agencies across the country to take steps needed to 
protect their communities from the UAS threat, as well as 
ensure our nation's critical infrastructure operators are able 
to protect their own facilities and assets, including large 
public stadiums. Specifically, critical infrastructure owners 
and operators can use the detection capabilities provided by 
this legislation to locate an unauthorized UAS operating nearby 
and take precautions to protect their facilities, such as 
proactively seeking help from law enforcement, initiating 
emergency response plans, and taking safety precautions.
    This legislation also creates a limited 6-year pilot 
program for SLTT law enforcement agencies to mitigate threats 
in their jurisdictions through federal sponsorship and 
oversight by DHS and DOJ. Under the pilot program, DHS and DOJ 
are able to annually designate up to 12 SLTT entities to use 
the detection and mitigation authorities in this legislation, 
subject to oversight by DHS and DOJ and approval by the FAA and 
consistent with the safeguards enumerated in the bill. The SLTT 
law enforcement agencies participating in the pilot program 
would be required to receive appropriate training and vetting 
to enable them to both detect and mitigate UAS threats to 
covered facilities, including mass gatherings. Additionally, 
all activities carried out by SLTT law enforcement entities 
must be coordinated in advance with the federal partners 
including the FAA, which could withhold approval if the FAA 
identifies a risk to the national airspace systems from a 
proposed operation.
    In order to ensure SLTT law enforcement agencies 
participating in the pilot program support and uphold 
Constitutional First and Fourth Amendment protections, this 
bill requires personnel of the participating agencies to 
receive training on protecting privacy and civil liberties 
before carrying out an authorized C-UAS mission. Each SLTT law 
enforcement agency designated under the pilot program must also 
submit a written policy to DHS and DOJ to certify compliance 
with privacy protections, along with an operational plan that 
outlines specific activities for each deployment of C-UAS 
authorities, which must be coordinated with the FAA through DHS 
and DOJ. Additionally, the legislation requires DHS and DOJ to 
report to Congress on each use of the authority provided under 
the pilot program by an SLTT law enforcement agency. Finally, 
SLTT law enforcement agencies participating in this pilot 
program are required to ensure that any communications between 
C-UAS equipment and a UAS are handled in the same manner as DHS 
and DOJ communications between their C-UAS equipment and any 
UAS they encounter.
    Under this legislation, all proposed expansions would 
continue to require safeguards with which DHS and DOJ must 
continue to comply. Significantly, this legislation requires 
that DHS, in coordination with DOJ, the FAA, Federal 
Communications Commission (FCC), and National 
Telecommunications and Information Administration (NTIA), 
maintain a list of authorized C-UAS equipment that may be used 
by entities using the authorities provided under this 
legislation to detect, identify, monitor, and track UAS. The 
equipment and systems included on the authorized list must be 
tested and evaluated by DHS and DOJ, including for potential 
counterintelligence or cybersecurity risks, and must receive 
favorable determinations from the FCC and NTIA that the 
equipment does not adversely impact the communications 
spectrum, and from the FAA that the equipment would not 
adversely impact the aviation spectrum or the national airspace 
system.
    The legislation also maintains and expands current DHS and 
DOJ training requirements by requiring the FBI Director to 
provide training on UAS mitigation measures to any personnel 
authorized to conduct mitigation actions, including 
participants of the SLTT pilot program. DHS and DOJ must also 
continue conducting risk-based assessments to determine if a 
covered facility or asset is eligible for protection from an 
unlawful UAS by the DHS, DOJ, the participant of the SLTT pilot 
program, or airport and critical infrastructure owner and 
operator. Additionally, all C-UAS actions taken by entities 
authorized under this legislation must be coordinated with the 
FAA to ensure the safety of the U.S. airspace and airport 
operations nationwide.
    Finally, the legislation continues all current civil 
rights, civil liberties, and privacy protections provided under 
current authorities, and it adds a new requirement that all 
risk assessments conducted by an agency prior to using its C-
UAS authority must examine the civil rights and civil liberty 
implications of the potential deployment of technology. The 
semiannual Congressional briefings required under this 
legislation also require DHS and DOJ to produce any guidance, 
policies, or procedures established by the Secretary of 
Homeland Security or the Attorney General that address privacy, 
civil rights, and civil liberty concerns that could be raised 
in response to the actions permitted under this legislation. 
DHS and DOJ will also have to report to Congress on any changes 
in guidance, policies, or procedures, or subsequent actions by 
the Secretary of Homeland Security or the Attorney General that 
would significantly affect privacy, civil rights, or civil 
liberty protections.

                        III. Legislative History

    Senators Gary Peters (D-MI), Ron Johnson (R-WI), Kyrsten 
Sinema (D-AZ), and Margaret Hassan (D-NH) introduced S. 4687, 
the Safeguarding the Homeland from the Threats Posed by 
Unmanned Aircraft Systems Act of 2022, on July 28, 2022. The 
bill was referred to the Senate Committee on Homeland Security 
and Governmental Affairs. Senators Rob Portman (R-OH) and Mark 
Kelly (D-AZ) joined as cosponsors on August 1, 2022 and August 
2, 2022, respectively.
    The Committee considered S. 4687 at a business meeting on 
August 3, 2022. During the business meeting, Senators Peters, 
Johnson, and Portman offered a substitute amendment that 
provided C-UAS authorities to DHS Homeland Security 
Investigations (HSI) in support of their security and 
protection functions for their facilities, assets, or 
operations. The substitute amendment also allows SLTT law 
enforcement entities to use C-UAS authorities to protect 
disaster response operations. Additionally, the substitute 
amendment added a requirement that that SLTT law enforcement 
entities utilizing detection, identification, monitoring 
tracking authorities notify the Secretary of Homeland Security 
and the Attorney General if those entities are noncompliant 
with the privacy protections included in the underlying 
legislation. Additionally, the substitute amendment modified 
the SLTT pilot program reporting requirement to require DHS and 
DOJ to provide an annual briefing to Congress beginning 2 years 
after the first SLTT law enforcement agency is designated under 
the pilot program. Finally, the substitute amendment added 
additional requirements to protect civil rights and civil 
liberties throughout the bill.
    The substitute amendment was adopted en bloc by voice vote 
with Senators Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, 
Lankford, Romney, Scott, and Hawley present for the vote. The 
Committee ordered the bill, as amended, to be favorably 
reported by voice vote en bloc. Senators present for the vote 
were: Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, Lankford, 
Romney, Scott, and Hawley.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section designates the name of the bill as the 
``Safeguarding the Homeland from the Threats Posed by Unmanned 
Aircraft Systems Act of 2022.''

Section 2. Department of Homeland Security Unmanned Aircraft System 
        detection and mitigation authority

    This section amends Subtitle A of Title II of the Homeland 
Security Act of 2002 by striking section 210G and inserting a 
new section 210G in its place titled ``Protection of Certain 
Facilities and Assets from Unmanned Aircraft.''
    Section 210G, subsection (a) defines the terms ``air 
navigation facility,'' ``airport,'' ``appropriate committees of 
Congress,'' ``budget,'' ``covered facility or asset,'' 
``critical infrastructure,'' ``electronic communication,'' 
``intercept,'' ``oral communication,'' ``wire communication,'' 
``homeland security or justice budget materials,'' 
``personnel,'' ``risk-based assessment,'' ``unmanned 
aircraft,'' and ``unmanned aircraft system.''
    Section 210G, subsection (b) allows DHS and DOJ personnel 
whose duties involve safety, security, or protection of people, 
facilities, or assets to detect, identify, monitor, track, and 
mitigate a credible UAS threat. The subsection provides 
exemptions under section 46502 of title 49, United States Code, 
or sections 32, 1030, 1367, and chapters 119 and 206 of title 
18, United States Code to allow DHS and DOJ to take these 
actions.
    Section 210G, subsection (c) authorizes SLTT law 
enforcement and the owners and operators of airports or other 
critical infrastructure, including stadiums that support large 
sports events, to use UAS detection, identification, and 
monitoring equipment that may otherwise be prohibited by 
federal law. To qualify for these exceptions, the equipment 
must comport with a list of authorized equipment maintained by 
the Secretary of Homeland Security, Attorney General, FAA 
Administrator, and Secretary of Defense. The equipment must 
also have been tested and evaluated by DHS or DOJ and meet 
further standards of the NTIA, FCC, and FAA.
    Section 210G, subsection (d) allows DHS and DOJ to carry 
out a pilot program whereby a limited number of SLTT law 
enforcement agencies are able to conduct both UAS detection and 
mitigation activities. Under the pilot program, DHS and DOJ may 
designate no more than 12 SLTT law enforcement agencies for 
participation in the pilot program per year for up to 5 years. 
The total number of SLTT law enforcement agencies participating 
in the pilot program may not total more than 60. Subject to 
federal safeguards and oversight, the pilot program authorized 
under this subsection would supplement DHS and DOJ's C-UAS 
missions, which currently lack sufficient equipment and 
personnel to detect and mitigate UAS activity at all potential 
high-risk locations or potential targets. Additionally, this 
subsection provides detailed guidelines on when and how the 
programs are to be executed. Finally, the subsection requires 
DHS and DOJ to inform Congress of the use of any of the 
authorities by an SLTT law enforcement agency participating in 
this pilot program beginning 2 years after the designation of 
the first SLTT law enforcement agency, and annually thereafter.
    Section 210G, subsection (e) identifies the actions 
authorized entities may take to protect against drone threats.
    Section 210G, subsection (f) directs the DHS, DOJ, and the 
heads of the law enforcement agencies participating in the 
pilot program under subsection (d) to study and test emerging 
UAS technologies and equipment prior to their use. Further, the 
subsection permits other relevant personnel and contractors to 
do their own research and testing pursuant to the same criteria 
that DHS, DOJ, and participating SLTT law enforcements agencies 
must abide by. The subsection also allows the FBI Director, on 
behalf of the Attorney General, to conduct trainings and 
establish training centers on steps to mitigate UAS-related 
threats. Finally, the subsection requires that DHS, DOJ, and 
the heads of the participating agencies within the SLTT pilot 
program coordinate their research, testing, training, and 
evaluation procedures such that those procedures satisfy FAA 
standards.
    Section 210G, subsection (g) authorizes the forfeiture of 
lawfully seized UAS or unmanned aircraft by DHS or DOJ, 
pursuant to the provisions of chapter 46 of title 18, United 
States Code.
    Section 210G, subsection (h) authorizes the Secretaries of 
Homeland Security and Transportation, and the Attorney General, 
to regulate and issue guidance for the use of UAS in 
consultation with the FCC, NTIA, and FAA.
    Section 210G, subsection (i) expands and clarifies the 
requirements in the existing statute for the Secretary of 
Homeland Security and the Attorney General to coordinate 
actions with the Administrator of the FAA. It also applies to 
the heads of the SLTT law enforcement agencies designated under 
the new SLTT pilot program.
    Section 210G, subsection (j) mandates privacy protections 
in the guidance and regulations issued by DHS and DOJ. This 
section reiterates that all interception or acquisition of 
communications or data be consistent with Fourth Amendment 
protections and applicable Federal laws. This section also 
limits the keeping of any records intercepted to no more than 
180 days unless there is a law enforcement or criminal nexus. 
Records may not be disclosed outside of the respective 
Department unless it would support a safety or security 
function of the respective Department, or the mission of the 
Department of Defense or law enforcement. For agencies 
participating in the SLTT pilot program and for entities 
(outside the departments) acquiring detection-only equipment, 
the subsection requires comparable privacy protections.
    Section 210G, subsection (k) requires the Secretary of 
Homeland Security and Attorney General to submit to Congress an 
annual ``consolidated funding display'' meeting certain 
conditions.
    Section 210G, subsection (l) requires that a federal agency 
or SLTT law enforcement entity handling federal C-UAS 
operations keep records in compliance with the Freedom of 
Information Act. It provides details on what information is 
included under this provision and how that information may be 
disclosed.
    Section 210G, subsection (m) authorizes DHS and DOJ to 
receive support provided by public and private sector entities 
in connection with authorized C-UAS activities. The subsection 
also authorizes mutual support activities by the departments.
    Section 210G, subsection (n) details the semiannual 
briefings and notifications that the Secretary of Homeland 
Security and Attorney General, jointly with the Secretary of 
Transportation, must provide to the appropriate Congressional 
committees on the activities they have carried out pursuant to 
this legislation. The subsection also details the content to be 
conveyed in these briefings, including the gaps in authorities 
to C-UAS threats and the new federal government database for 
security-related UAS incidents. The subsection also requires 
these briefings to be unclassified but may be accompanied by an 
additional classified briefing. Finally, the subsection 
requires the Secretary of Homeland Security and the Attorney 
General, either separately or jointly, to notify appropriate 
Congressional committees no later than 30 days after an 
authorized department, agency, or owner or operator of an 
airport or critical infrastructure deploys new technology to 
carry out the actions described in subsection (e).
    Section 210G, subsection (o) states that this bill does not 
vest existing authorities of the respective departments to any 
other department.
    Section 210G, subsection (p) terminates the additional 
limited detection, identification, monitoring, and tracking 
authorities provided under subsection (c) 5 years and 6 months 
after the enactment of this legislation. This subsection 
provides a sunset of 7 years after enactment of the bill.
    Section 210G, subsection (q) clarifies that nothing in the 
legislation gives the Secretary of Homeland Security or the 
Attorney General with additional authorities beyond those 
detailed in the legislation or defined under ``covered facility 
or asset.''
    Section 210G, subsection (r) authorizes DHS to develop a 
database of security-related UAS incidents that incur inside 
the United States. Incidents in the database may include 
information about UAS that repeatedly violate altitude or other 
federal aviation regulations in ways that may be dangerous or 
harmful to national defense or security.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 9, 2022.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed table summarizing estimated budgetary 
effects and mandates information for some of the legislation 
that has been ordered reported by the Senate Committee on 
Homeland Security and Governmental Affairs during the 117th 
Congress.
    If you wish further details, we will be pleased to provide 
them. The CBO staff contact for each estimate is listed on the 
enclosed table.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

           SUMMARY ESTIMATES OF LEGISLATION ORDERED REPORTED

    The Congressional Budget Act of 1974 requires the 
Congressional Budget Office, to the extent practicable, to 
prepare estimates of the budgetary effects of legislation 
ordered reported by Congressional authorizing committees. In 
order to provide the Congress with as much information as 
possible, the attached table summarizes information about the 
estimated direct spending and revenue effects of some of the 
legislation that has been ordered reported by the Senate 
Committee on Homeland Security and Governmental Affairs during 
the 117th Congress. The legislation listed in this table 
generally would have small effects, if any, on direct spending 
or revenues, CBO estimates. Where possible, the table also 
provides information about the legislation's estimated effects 
on spending subject to appropriation and on intergovernmental 
and private-sector mandates as defined in the Unfunded Mandates 
Reform Act.

                                                                      ESTIMATED BUDGETARY EFFECTS AND MANDATES INFORMATION
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                           Increases On-
                                                                                                                          Spending Subject  Pay-As-You-Go     Budget
   Bill          Title         Status        Last Action       Budget Function    Direct Spending,     Revenues, 2023-   to Appropriation,    Procedures     Deficits      Mandates     Contact
  Number                                                                              2023-2032             2032             2023-2027          Apply?     Beginning in
                                                                                                                                                               2033?
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S. 4687     Safeguarding    Ordered               08/03/22                 750                   0                   0   Not                No             No            No           Jeremy
             the Homeland    reported                                                                                    estimated                                                     Crimm
             From the
             Threats Posed
             by Unmanned
             Aircraft
             Systems Act
             of 2022
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S. 4687 would enhance the authority of the Department of Justice and the Department of Homeland Security (DHS) to detect and counter unmanned aircraft systems (UAS). The bill also would
  authorize a pilot program expanding UAS mitigation authority for certain state and local governments. Finally, the bill would establish a national counter-UAS training center and require DHS
  to develop a database that tracks UAS-related incidents. CBO estimates that enacting S. 4687 would not affect direct spending or revenues. CBO has not estimated the discretionary costs of
  implementing the bill. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

HOMELAND SECURITY ACT OF 2002

           *       *       *       *       *       *       *


                     TITLE II--INFORMATION ANALYSIS

Subtitle A--Information and Analysis; Access to Information

           *       *       *       *       *       *       *


[SEC. 210G. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED 
                    AIRCRAFT.

    [(a) Authority.--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 security or protection of people, facilities, or assets, to 
take such actions as are described in subsection (b)(1) that 
are necessary to mitigate a credible threat (as defined by the 
Secretary or the Attorney General, 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.
    [(b) Actions Described.--
          [(1) In general.--The actions authorized in 
        subsection (a) 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 direct or indirect 
                physical, electronic, radio, and 
                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 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.
          [(2) Required coordination.--The Secretary and the 
        Attorney General shall develop for their respective 
        Departments the actions described in paragraph (1) in 
        coordination with the Secretary of Transportation.
          [(3) Research, testing, training, and evaluation.--
        The Secretary and the Attorney General shall conduct 
        research, testing, training on, and evaluation of any 
        equipment, including any electronic equipment, to 
        determine its capability and utility prior to the use 
        of any such technology for any action described in 
        subsection (b)(1).
          [(4) Coordination.--The Secretary and the Attorney 
        General shall coordinate with the Administrator of the 
        Federal Aviation Administration when any action 
        authorized by this section might affect aviation 
        safety, civilian aviation and aerospace operations, 
        aircraft airworthiness, or the use of the airspace.
    [(c) Forfeiture.--Any unmanned aircraft system or unmanned 
aircraft described in subsection (a) that is seized by the 
Secretary or the Attorney General is subject to forfeiture to 
the United States.
    [(d) Regulations and Guidance.--
          [(1) In general.--The Secretary, the Attorney 
        General, and the Secretary of Transportation may 
        prescribe regulations and shall issue guidance in the 
        respective areas of each Secretary or the Attorney 
        General to carry out this section.
          [(2) Coordination.--
                  [(A) Coordination with department of 
                transportation.--The Secretary and the Attorney 
                General shall coordinate the development of 
                their respective guidance under paragraph (1) 
                with the Secretary of Transportation.
                  [(B) Effect on aviation safety.--The 
                Secretary and the Attorney General shall 
                respectively coordinate with the Secretary of 
                Transportation and the Administrator of the 
                Federal Aviation Administration before issuing 
                any guidance, or otherwise implementing this 
                section, if such guidance or implementation 
                might affect aviation safety, civilian aviation 
                and aerospace operations, aircraft 
                airworthiness, or the use of airspace.
    [(e) Privacy Protection.--The regulations or guidance 
issued to carry out actions authorized under subsection (b) by 
each Secretary or the Attorney General, as the case may be, 
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 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 are intercepted or acquired only to the extent 
        necessary to support an action described in subsection 
        (b)(1);
          [(3) records of such communications are maintained 
        only for as long as necessary, and in no event for more 
        than 180 days, unless the Secretary of Homeland 
        Security or the Attorney General determine that 
        maintenance of such records is necessary to investigate 
        or prosecute a violation of law, directly support an 
        ongoing security operation, is required under Federal 
        law, or for the purpose of any litigation;
          [(4) such communications are not disclosed outside 
        the Department of Homeland Security or the Department 
        of Justice unless the disclosure--
                  [(A) is necessary to investigate or prosecute 
                a violation of law;
                  [(B) would support the Department of Defense, 
                a Federal law enforcement agency, or 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)(1);
                  [(C) is between the Department of Homeland 
                Security and the Department of Justice in the 
                course of a security or protection operation of 
                either agency or a joint operation of such 
                agencies; or
                  [(D) is otherwise required by law; and
          [(5) to the extent necessary, the Department of 
        Homeland Security and the Department of Justice are 
        authorized to share threat information, which shall not 
        include communications referred to in subsection (b), 
        with State, local, territorial, or tribal law 
        enforcement agencies in the course of a security or 
        protection operation.
    [(f) Budget.--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 
2019, a consolidated funding display that identifies the 
funding source for the actions described in subsection (b)(1) 
within the Department of Homeland Security or the Department of 
Justice. The funding display shall be in unclassified form, but 
may contain a classified annex.
    [(g) Semiannual Briefings and Notifications.--
          [(1) In general.--On a semiannual basis during the 
        period beginning 6 months after the date of enactment 
        of this section and ending on the date specified in 
        subsection (i), the Secretary and the Attorney General 
        shall, respectively, provide a briefing to the 
        appropriate congressional committees on the activities 
        carried out pursuant to this section.
          [(2) Requirement.--Each briefing required under 
        paragraph (1) shall be conducted 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 such 
                activities to the National Airspace System;
                  [(B) a description of instances in which 
                actions described in subsection (b)(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 
                implicated 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 impacts 
                to the national airspace system related 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 (b)(1);
                  [(E) a description of instances in which 
                communications intercepted or acquired during 
                the course of operations of an unmanned 
                aircraft system were held for more than 180 
                days or shared outside of the Department of 
                Justice or the Department of Homeland Security;
                  [(F) how the Secretary, the Attorney General, 
                and the Secretary of Transportation have 
                informed the public as to the possible use of 
                authorities under this section;
                  [(G) how the Secretary, the Attorney General, 
                and the Secretary of Transportation have 
                engaged with Federal, State, and local law 
                enforcement agencies to implement and use such 
                authorities.
          [(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.--Within 30 days of deploying any 
        new technology to carry out the actions described in 
        subsection (b)(1), the Secretary and the Attorney 
        General shall, respectively, submit a notification to 
        the appropriate congressional committees. Such 
        notification shall include a description of options 
        considered to mitigate any identified impacts to the 
        national airspace system related 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 (b)(1).
    [(h) Rule of Construction.--Nothing in this section may be 
construed to--
          [(1) vest in the Secretary or the Attorney General 
        any authority of the Secretary of Transportation or the 
        Administrator of the Federal Aviation Administration;
          [(2) vest in the Secretary of Transportation or the 
        Administrator of the Federal Aviation Administration 
        any authority of the Secretary or the Attorney General;
          [(3) vest in the Secretary of Homeland Security any 
        authority of the Attorney General;
          [(4) vest in the Attorney General any authority of 
        the Secretary of Homeland Security; or
          [(5) provide a new basis of liability for any State, 
        local, territorial, or tribal law enforcement officers 
        who participate in the protection of a mass gathering 
        identified by the Secretary or Attorney General under 
        subsection (k)(3)(C)(iii)(II), act within the scope of 
        their authority, and do not exercise the authority 
        granted to the Secretary and Attorney General by this 
        section.
    [(i) Termination.--The authority to carry out this section 
with respect to a covered facility or asset specified in 
subsection (k)(3) shall terminate on the date that is 4 years 
after the date of enactment of this section.
    [(j) Scope of Authority.--Nothing in this section shall be 
construed to provide the Secretary or the Attorney General with 
additional authorities beyond those described in subsections 
(a) and (k)(3)(C)(iii).
    [(k) Definitions.--In this section:
          [(1) The term ``appropriate congressional 
        committees'' 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 Energy and Commerce, and the 
                Committee on the Judiciary of the House of 
                Representatives.
          [(2) 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.
          [(3) 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 
                activity by 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 
                subparagraph (C)(i)(II) and (C)(iii)(I), 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 activity);
                  [(B) is located in the United States 
                (including the territories and possessions, 
                territorial seas or navigable waters of the 
                United States); and
                  [(C) directly relates to one or more--
                          [(i) missions authorized to be 
                        performed by the Department of Homeland 
                        Security, consistent with governing 
                        statutes, regulations, and orders 
                        issued by the Secretary, pertaining 
                        to--
                                  [(I) security or protection 
                                functions of the 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); or
                                  [(III) protection of 
                                facilities pursuant to section 
                                1315(a) of title 40, United 
                                States Code;
                          [(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; and
                                          [(bb) the United 
                                        States Marshals Service 
                                        of Federal jurists, 
                                        court officers, 
                                        witnesses, and other 
                                        threatened persons in 
                                        the interests of 
                                        justice, as specified 
                                        in section 566(e)(1)(A) 
                                        of title 28, United 
                                        States Code;
                                  [(II) protection of penal, 
                                detention, and correctional 
                                facilities and operations 
                                conducted by the Federal Bureau 
                                of Prisons; or
                                  [(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(a) of title 28, 
                                United States Code;
                          [(iii) missions authorized to be 
                        performed by the Department of Homeland 
                        Security 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 a National 
                                Special Security Event and 
                                Special Event Assessment Rating 
                                event;
                                  [(II) the provision of 
                                support to State, local, 
                                territorial, or tribal law 
                                enforcement, 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 
                                timeframe and location, within 
                                available resources, and 
                                without delegating any 
                                authority under this section to 
                                State, local, territorial, or 
                                tribal law enforcement; or
                                  [(III) protection of an 
                                active Federal law enforcement 
                                investigation, emergency 
                                response, or security function, 
                                that is limited to a specified 
                                timeframe and location; and
                          [(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 104 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.
          [(4) The terms ``electronic communication'', 
        ``intercept'', ``oral communication'', and ``wire 
        communication'' have the meaning given those terms in 
        section 2510 of title 18, United States Code.
          [(5) 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.
          [(6) For purposes of subsection (a), the term 
        ``personnel'' means officers and employees of the 
        Department of Homeland Security or the Department of 
        Justice.
          [(7) The terms ``unmanned aircraft'' and ``unmanned 
        aircraft system'' have the meanings given those terms 
        in section 44801, of title 49, United States Code.
          [(8) For purposes of this section, the term ``risk-
        based assessment'' includes 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, aviation safety, 
                airport operations, infrastructure, and air 
                navigation services related to the use of any 
                system or technology for carrying out the 
                actions described in subsection (b)(1).
                  [(B) Options for mitigating any identified 
                impacts to the national airspace system related 
                to the use of any system or technology, 
                including minimizing when possible the use of 
                any technology which disrupts the transmission 
                of radio or electronic signals, for carrying 
                out the actions described in subsection (b)(1).
                  [(C) Potential consequences of the impacts of 
                any actions taken under subsection (b)(1) 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 whether it is 
                located in a populated area or near other 
                structures, whether the facility is open to the 
                public, whether the facility is also used for 
                nongovernmental functions, and any potential 
                for interference with wireless communications 
                or for injury or damage to persons or property.
                  [(F) The setting, character, timeframe, and 
                national airspace system impacts of National 
                Special Security Event and Special Event 
                Assessment Rating events.
                  [(G) Potential consequences to national 
                security, public safety, or law enforcement if 
                threats posed by unmanned aircraft systems are 
                not mitigated or defeated.
    [(l) Department of Homeland Security Assessment.--
          [(1) Report.--Not later than 1 year after the date of 
        the enactment of this section, the Secretary shall 
        conduct, in coordination with the Attorney General and 
        the Secretary of Transportation, an assessment to the 
        appropriate congressional committees, including--
                  [(A) an evaluation of the threat from 
                unmanned aircraft systems to United States 
                critical infrastructure (as defined in this 
                Act) and to domestic large hub airports (as 
                defined in section 40102 of title 49, United 
                States Code);
                  [(B) an evaluation of current Federal and 
                State, local, territorial, or tribal law 
                enforcement authorities to counter the threat 
                identified in subparagraph (A), and 
                recommendations, if any, for potential changes 
                to existing authorities to allow State, local, 
                territorial, and tribal law enforcement to 
                assist Federal law enforcement to counter the 
                threat where appropriate;
                  [(C) an evaluation of the knowledge of, 
                efficiency of, and effectiveness of current 
                procedures and resources available to owners of 
                critical infrastructure and domestic large hub 
                airports when they believe a threat from 
                unmanned aircraft systems is present and what 
                additional actions, if any, the Department of 
                Homeland Security or the Department of 
                Transportation could implement under existing 
                authorities to assist these entities to counter 
                the threat identified in subparagraph (A);
                  [(D) an assessment of what, if any, 
                additional authorities are needed by each 
                Department and law enforcement to counter the 
                threat identified in subparagraph (A); and
                  [(E) an assessment of what, if any, 
                additional research and development the 
                Department needs to counter the threat 
                identified in subparagraph (A).
          [(2) Unclassified form.--The report required under 
        paragraph (1) shall be submitted in unclassified form, 
        but may contain a classified annex.]

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)(4) of title 
        49, United States Code.
          (2) The term `airport' has the meaning given the term 
        in section 47102(2) of title 49, United Sates 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 Reform, 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 the 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 ofJustice, 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 a National 
                                Special Security Event and 
                                Special Event Assessment Rating 
                                event;
                                  (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 Event 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--
                  (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 
        must--
                  (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)(1) 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 Event 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 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 anyowner 
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 
        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 (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 2022, the Secretary and 
                        the Attorney General, pursuant to 
                        subparagraph (A), may designate not 
                        more than 12 State, local, Tribal, and 
                        territorial law enforcement agencies 
                        for participation in the pilot program, 
                        and may designate 12 additional State, 
                        local, Tribal, and territorial law 
                        enforcement agencies each year 
                        thereafter, provided that not more than 
                        60 State, local, Tribal, and 
                        territorial law enforcement agencies in 
                        total may be designated during the 5-
                        year period of the pilot program.
                          (ii) Revocation.--The Secretary and 
                        the Attorney General, in consultation 
                        with the Secretary of Transportation 
                        (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 
                                (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 
                                (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 after the 5-year period beginning on 
                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 2022.
                  (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 6 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 2022, 
                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, 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 under 
        subsection (a)(5)(C)(v).
          (5) Exemption.--
                  (A) In general.--Subject to subparagraph (B), 
                the Chair of the Federal Communications 
                Commission, in consultation with the 
                Administrator of the National 
                Telecommunications and Information 
                Administration, shall implement a process for 
                considering the exemption of 1 or more law 
                enforcement agencies designated under paragraph 
                (2), or any station operated by the agency, 
                from any provision of title III of the 
                Communications Act of 1934 (47 U.S.C. 151 et 
                seq.) to the extent that the designated law 
                enforcement agency takes such actions as are 
                described in subsection (e)(2) and may 
                establish conditions or requirements for such 
                exemption.
                  (B) Requirements.--The Chair of the Federal 
                Communications Commission, in consultation with 
                the Administrator of the National 
                Telecommunications and Information 
                Administration, may grant an exemption under 
                subparagraph (A) only if the Chair of the 
                Federal Communications Commission in 
                consultation with the Administrator of the 
                National Telecommunications and Information 
                Administration finds that the grant of an 
                exemption--
                          (i) is necessary to achieve the 
                        purposes of this subsection; and
                          (ii) will serve the public interest.
          (C) Revocation.--Any exemption granted under 
        subparagraph (A) shall terminate automatically if the 
        designation granted to the law enforcement agency under 
        paragraph (2)(A) is revoked by the Secretary or the 
        Attorney General under paragraph (2)(B)(ii) or is 
        terminated under paragraph (3)(B).
          (6) Reporting.--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.
          (7) 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 
ofTransportation (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; and
                  (D) 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, 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, through the Director of the Federal Bureau of 
        Investigation, may--
                  (A) 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
                  (B) establish or designate 1 or more 
                facilities or training centers for the purpose 
                described in subparagraph (A).
          (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) State, local, tribal, and territorial law 
                enforcement agency coordination.--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.
    (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 subparagraph (A), 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, respectively, 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 (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 (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 have 
                no adverse impact, or will not, 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 and 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, respectively, 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, including 
                        by--
                                  (I) directly supporting an 
                                ongoing security operation; or
                                  (II) protecting against 
                                dangerous or unauthorized 
                                activity by unmanned aircraft 
                                systems or unmanned aircraft; 
                                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, 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, including 
                        by--
                                  (I) directly supporting an 
                                ongoing security or protection 
                                operation; or
                                  (II) protecting against 
                                dangerous or unauthorized 
                                activity by an unmanned 
                                aircraft system or unmanned 
                                aircraft; 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 2023, 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 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 2022, the Secretary and the 
        Attorney General shall, respectively, 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 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, respectively 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, 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 2022 and the authority for 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 7 years after 
        the date of enactment of the Safeguarding the Homeland 
        from the Threats Posed by Unmanned Aircraft Systems Act 
        of 2022.
    (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), and (f).
    (r) United States Government Database.--
          (1) Authorization.--The Department is authorized to 
        develop a Federal database to enable the transmission 
        of data concerning security-related incidents in the 
        United States involving unmanned aircraft and unmanned 
        aircraft systems between Federal, State, local, Tribal, 
        and territorial law enforcement agencies for purposes 
        of conducting analyses of such threats in the United 
        States.
          (2) Policies, plans, and procedures.--
                  (A) Coordination and consultation.--Before 
                implementation of the database developed under 
                paragraph (1), the Secretary shall develop 
                policies, plans, and procedures for the 
                implementation of the database--
                          (i) in coordination with the Attorney 
                        General, the Secretary of Defense, and 
                        the Secretary of Transportation 
                        (through the Administrator of the 
                        Federal Aviation Administration); and
                          (ii) in consultation with State, 
                        local, Tribal, and territorial law 
                        enforcement agency representatives, 
                        including representatives of fusion 
                        centers.
                  (B) Reporting.--The policies, plans, and 
                procedures developed under subparagraph (A) 
                shall include criteria for Federal, State, 
                local, Tribal, and territorial reporting of 
                unmanned aircraft systems or unmanned aircraft 
                incidents.
                  (C) Data retention.--The policies, plans, and 
                procedures developed under subparagraph (A) 
                shall ensure that data on security-related 
                incidents in the United States involving 
                unmanned aircraft and unmanned aircraft systems 
                that is retained as criminal intelligence 
                information is retained based on the reasonable 
                suspicion standard, as permitted under part 23 
                of title 28, Code of Federal Regulations.

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