[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\
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\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.
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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\
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\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.
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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\
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\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.
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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\
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\15\Id.
\16\Id.
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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).
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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.
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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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