[House Report 118-698]
[From the U.S. Government Publishing Office]
118th Congress } { Rept. 118-698
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
COUNTER-UAS AUTHORITY SECURITY, SAFETY, AND REAUTHORIZATION ACT
_______
September 20, 2024.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Graves of Missouri, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 8610]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 8610) to reauthorize and reform
counter-unmanned aircraft system authorities, to improve
transparency, security, safety, and accountability related to
such authorities, and for other purposes, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 19
Background and Need for Legislation.............................. 19
Hearings......................................................... 22
Legislative History and Consideration............................ 22
Committee Votes.................................................. 30
Committee Oversight Findings and Recommendations................. 30
New Budget Authority and Tax Expenditures........................ 30
Congressional Budget Office Cost Estimate........................ 30
Performance Goals and Objectives................................. 30
Duplication of Federal Programs.................................. 31
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 31
Federal Mandates Statement....................................... 31
Preemption Clarification......................................... 31
Advisory Committee Statement..................................... 31
Applicability to Legislative Branch.............................. 31
Section-by-Section Analysis of the Legislation................... 32
Section. 1. Short title; table of contents................... 32
Sec. 2. Definitions.......................................... 32
Sec. 3. Protection of certain facilities and assets from
unmanned aircraft systems.................................. 32
Sec. 4. FAA counter-UAS activities........................... 32
Sec. 5. Additional limited authority for detection,
identification, monitoring, and tracking................... 33
Sec. 6. Counter-UAS mitigation state law enforcement pilot
program.................................................... 33
Sec. 7. Counter-UAS system planning and deployment at
airports................................................... 33
Sec. 8. UAS detection and mitigation enforcement authority... 34
Sec. 9. Reporting on counter-UAS activities.................. 34
Changes in Existing Law Made by the Bill, as Reported............ 34
Committee Correspondence......................................... 62
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Counter-UAS
Authority Security, Safety, and Reauthorization Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Protection of certain facilities and assets from unmanned
aircraft systems.
Sec. 4. FAA counter-UAS activities.
Sec. 5. Additional limited authority for detection, identification,
monitoring, and tracking.
Sec. 6. Counter-UAS mitigation law enforcement pilot program.
Sec. 7. Counter-UAS system planning and deployment at airports.
Sec. 8. UAS detection and mitigation enforcement authority.
Sec. 9. Reporting on counter-UAS activities.
SEC. 2. DEFINITIONS.
(a) Application of Terms.--Unless otherwise specified, the terms in
section 44801 of title 49, United States Code, shall apply to this Act.
(b) In General.--In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security, the Committee
on the Judiciary, and the Committee on Transportation
and Infrastructure of the House of Representatives; and
(B) the Committee on the Judiciary, the Committee on
Homeland Security and Governmental Affairs, and the
Committee on Commerce, Science, and Transportation of
the Senate.
(2) Covered airport.--The term ``covered airport'' means--
(A) a large hub airport (as defined in section 47102
of title 49, United States Code);
(B) a medium hub airport (as defined in section 47102
of title 49, United States Code); or
(C) an airport with a total annual landed weight of
all-cargo of more than 7,500,000,000 pounds in 2021 or
any year thereafter.
(3) Covered entity.--The term ``covered entity'' means--
(A) the owner or proprietor of a covered site; and
(B) with respect to a public gathering, the
organizing entity of such gathering.
(4) Covered site.--The term ``covered site'' means--
(A) a fixed site facility related to--
(i) critical infrastructure, such as energy
production, transmission, distribution
facilities and equipment, and railroad
facilities;
(ii) oil refineries and chemical facilities;
(iii) amusement parks; or
(iv) State prisons;
(B) the location of a large public gathering
described in section 44812(c) of title 49, United
States Code; or
(C) the site with respect to which a flight
restriction is maintained pursuant to section 521 of
division F of the Consolidated Appropriations Act, 2004
(49 U.S.C. 40103 note).
SEC. 3. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT SYSTEMS.
Section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n) is
amended--
(1) in subsection (a) by striking ``(as defined by the
Secretary or the Attorney General, in consultation with the
Secretary of Transportation)'' and inserting ``(as defined by
the Secretary and the Attorney General, in coordination with
the Secretary of Transportation)'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A) by inserting ``or
unmanned aircraft'' after ``During the
operation of the unmanned aircraft system'';
(ii) in subparagraph (D) by striking ``Seize
or exercise control of'' and inserting ``Seize,
exercise control of, or otherwise confiscate'';
(iii) by striking subparagraph (E); and
(iv) by redesignating subparagraph (F) as
subparagraph (E); and
(B) by striking paragraphs (2) through (4) and
inserting the following:
``(2) Coordination.--
``(A) In general.--The Secretary and the Attorney
General shall coordinate with the Secretary of
Transportation in carrying out the actions described in
paragraph (1).
``(B) Determination by administrator of federal
aviation administration.--Before the Secretary and the
Attorney General may take or authorize the taking of an
action under this section, the Administrator of the
Federal Aviation Administration shall determine if such
action would result in an adverse impact on aviation
safety, civil aviation and aerospace operations,
aircraft airworthiness, or the use of the national
airspace system. If the Administration determines such
action would not result in such an adverse impact, the
Secretary and the Attorney General may take or
authorize the taking of such action. If the
Administrator determines such action would result in
such an adverse impact, the Secretary and the Attorney
General shall coordinate with the Administrator to take
any necessary action to ensure that such an adverse
impact can be sufficiently mitigated.
``(3) Research, testing, training, and evaluation.--
``(A) In general.--The Secretary, the Attorney
General, and the Secretary of Transportation may
conduct research on, testing on, training on, and
evaluation of equipment, including electronic
equipment, and technology to determine the capability
and utility of such equipment or technology for any
action described in paragraph (1), including prior to
the initial use of such equipment or technology.
``(B) Coordination.--The Secretary, the Attorney
General, and the Secretary of Transportation shall
coordinate activities under this paragraph and mutually
share data and results from such activities.
``(4) List of authorized equipment and technologies.--
``(A) List.--Not later than 1 year after the date of
enactment of the Counter-UAS Authority Security,
Safety, and Reauthorization Act, the Secretary, in
coordination with the Attorney General and the
Administrator of the Federal Aviation Administration,
shall maintain a list of approved makes and models of
counter-UAS detection and mitigation systems,
equipment, and technology. Such list shall include the
following:
``(i) A description of the specific detection
or mitigation functions of each such system,
equipment, or technology that enable each such
system, equipment, or technology to carry out
an action described in paragraph (1).
``(ii) Whether each such system, equipment,
or technology is authorized for an action
described in subparagraph (A), (B), (C), or (D)
of paragraph (1).
``(iii) Any conditions or restrictions
generally applicable to the use, location, or
positioning of each such system, equipment, or
technology, including whether and how each such
system, equipment, or technology may be
suitable for use in terminal airspace.
``(B) Impact determination by administrator.--A
counter-UAS detection or mitigation system, equipment,
or technology may not be included on the list
maintained under subparagraph (A) unless the
Administrator of the Federal Aviation Administration
makes a written determination that--
``(i)(I) the system, equipment, or technology
meets any applicable minimum performance
requirements as described in section 44810(e)
of title 49, United States Code; and
``(II) the use of such system, equipment, or
technology does not present an adverse impact
on aviation safety, civil aviation and
aerospace operations, aircraft airworthiness,
or the use of the national airspace system; or
``(ii) in the event the Administrator
identifies such an adverse impact from such
system, equipment, or technology, such an
adverse impact can be sufficiently mitigated
and the mitigation activities are described in
the list maintained under subparagraph (A) or
in a manner determined by the Administrator.
``(C) Spectrum impact consultation.--The Secretary,
the Attorney General, and the Administrator of the
Federal Aviation Administration shall consult with the
Federal Communications Commission or the Administrator
of the National Telecommunications and Information
Administration, as appropriate, to determine whether
the use of a counter-UAS detection or mitigation
system, equipment, or technology on the list maintained
under subparagraph (A)--
``(i) does not present an adverse impact on
civilian telecommunications, communications
spectrum, internet technology, or radio
communications networks or systems; or
``(ii) in the event that such an adverse
impact is identified, such impact can be
sufficiently mitigated, or the system,
equipment, or technology is excluded from the
list maintained under subparagraph (A) until
such an adverse impact is sufficiently
mitigated.
``(D) Limitation on inclusion of counter-uas systems
manufactured by certain foreign enterprises.--
``(i) Limitation.--The Secretary may not
include on the list maintained under
subparagraph (A) a counter-UAS detection and
mitigation systems, equipment, and technology,
manufactured or developed by a covered
manufacturer.
``(ii) International agreements.--This
subsection shall be applied in a manner
consistent with the obligations of the United
States under international agreements in effect
as of the date of enactment of the Counter-UAS
Authority Security, Safety, and Reauthorization
Act.
``(iii) Authorized utilization.--Upon the
inclusion of a counter-UAS detection or
mitigation system, equipment, or technology on
the list maintained under subparagraph (A), the
Secretary and the Attorney General may utilize
such system, equipment, or technology for any
action described in paragraph (1).
``(iv) Exception.--The Secretary of Homeland
Security is exempt from the limitation under
this subsection if the Secretary determines
that the operation or procurement of such
system is for the sole purpose of research,
evaluation, training, testing, or analysis.
``(v) Definitions.--In this subparagraph:
``(I) Covered manufacturer.--The term
`covered manufacturer' means an entity
that is owned by, controlled by, is a
subsidiary of, or is otherwise related
legally or financially to, a person
based in a country that--
``(aa) is identified as a
nonmarket economy country (as
defined in section 771 of the
Tariff Act of 1930 (19 U.S.C.
1677)) as of the date of
enactment of the Counter-UAS
Authority Security, Safety, and
Reauthorization Act;
``(bb) was identified by the
United States Trade
Representative in the most
recent report required under
section 182 of the Trade Act of
1974 (19 U.S.C. 2242) as a
priority foreign country under
subsection (a)(2) of such
section; and
``(cc) is subject to
monitoring by the United States
Trade Representative under
section 306 of the Trade Act of
1974 (19 U.S.C. 2416).
``(II) Otherwise related legally or
financially.--The term `otherwise
related legally or financially' does
not include a minority stake
relationship or investment.
``(E) Rule of construction.--Nothing in this
paragraph may be construed to prevent the Secretary,
the Attorney General, or the Administrator of the
Federal Aviation Administration from exercising any
authority to counter unmanned aircraft systems in
effect prior to the date of enactment of the Counter-
UAS Authority Security, Safety, and Reauthorization
Act.'';
(3) in subsection (d) by striking paragraph (2) and inserting
the following:
``(2) Coordination.--The Secretary, the Secretary of
Transportation, and the Attorney General shall coordinate to
develop their respective regulations and guidance under
paragraph (1) before issuing any such regulation or
guidance.'';
(4) in subsection (e)--
(A) by striking paragraph (3) and inserting the
following:
``(3) records of such communications are disposed of
immediately following an action described in subsection (b)(1)
to mitigate a credible threat referred to in subsection (a),
except that if the Secretary or the Attorney General determines
that maintenance of such records is necessary to investigate or
prosecute a violation of law is required by Federal law or for
the purpose of litigation, such records may be maintained for
not more than 90 days;''; and
(B) in paragraph (4)--
(i) in the matter preceding subparagraph (A)
by striking ``are not disclosed outside the
Department of Homeland Security or the
Department of Justice unless'' and inserting
``are not shared outside of personnel of the
department in possession of such
communications, except if''; and
(ii) in subparagraph (B) by striking ``, or
any regulatory, statutory, or other enforcement
action relating to'';
(5) in subsection (f) by striking ``within the Department of
Homeland Security or the Department of Justice'';
(6) in subsection (g)--
(A) in paragraph (1) by striking ``the Secretary and
the Attorney General shall, respectively,'' and
inserting ``the Secretary, the Attorney General, and
the Secretary of Transportation shall jointly'';
(B) by striking paragraphs (2) and (3) and inserting
the following:
``(2) Content.--Each briefing required under paragraph (1)
shall include the following:
``(A) The number of instances and a description of
each instance in which actions described in subsection
(b)(1) have been taken, including all such instances
that--
``(i) equipment, system, or technology
disrupted the transmission of radio or
electronic signals, including and disaggregated
by whether any such disruption was minimized;
``(ii) may have resulted in harm, damage, or
loss to a person or to private property,
including and disaggregated by whether any such
harm, damage, or loss was minimized;
``(iii) resulted in successful seizure,
exercise of control, or confiscation under
subsection (b)(1)(D); or
``(iv) required the use of reasonable force
under subsection (b)(1)(E).
``(B) The frequency and nature of instances in which
communications were intercepted or acquired during the
course of actions described in subsection (b)(1),
including the following:
``(i) The approximate number and nature of
incriminating communications intercepted.
``(ii) The approximate number and nature of
other communications intercepted.
``(C) The total number of instances in which records
of communications intercepted or acquired during the
course of actions described in subsection (b)(1) were--
``(i) shared with the Department of Justice
or another Federal law enforcement agency,
including a list of receiving Federal law
enforcement agencies; or
``(ii) maintained for more than 90 days.
``(D) The number of instances and a description of
each instance in which the Secretary, Secretary of
Transportation, or the Attorney General have engaged
with Federal, State, or local law enforcement agencies
to implement the authority under this section,
including the number of instances that resulted in a
criminal investigation or litigation.
``(E) Information on the on the implementation of
paragraphs (3) and (4)(A) of subsection (b), including
regarding equipment or technology, including electronic
equipment to address emerging trends and changes in
unmanned aircraft system or unmanned aircraft system-
related security threats.'';
(C) in paragraph (5)--
(i) in the first sentence--
(I) by striking ``new technology''
and inserting ``counter-UAS detection
and mitigation system, equipment, or
technology approved under subsection
(b)(4)''; and
(II) by striking ``the Secretary and
the Attorney General shall,
respectively,'' and inserting ``the
Secretary, in coordination with the
Secretary of Transportation and the
Attorney General, shall''; and
(ii) in the second sentence, by striking ``to
the national airspace system'' and inserting
``to the safety and operation of the national
airspace system''; and
(D) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively;
(7) by striking subsection (i) and inserting the following:
``(i) Termination.--The authority under this section shall terminate
on October 1, 2029.'';
(8) in subsection (k)--
(A) in paragraph (1)(B) by striking ``the Committee
on Energy and Commerce,'';
(B) in paragraph (3)--
(i) in subparagraph (A) by striking ``the
Secretary or the Attorney General, in
coordination with the Secretary of
Transportation'' and inserting ``the Secretary,
in coordination with the Secretary of
Transportation and the Attorney General,'';
(ii) in subparagraph (C)--
(I) in clause (i)--
(aa) in subclause (II), by
striking ``or'' after the
semicolon; and
(bb) by adding at the end the
following:
``(IV) the security or protection
functions for facilities, assets, and
operations of Homeland Security
Investigations; or
``(V) the security and protection of
public airports (as such term is
defined in section 47102 of title 49,
United States Code) under section 7 of
the Counter-UAS Authority Security,
Safety, and Reauthorization Act;''; and
(II) in clause (ii)--
(aa) in subclause (I)--
(AA) in item (aa), by
striking ``section 533
of title 28, United
States Code'' and
inserting ``paragraph
(2) or (3) of section
533 of title 28, United
States Code, and that
is limited to a
specified period of
time and location'';
and
(BB) in item (bb), by
inserting before the
semicolon the
following: ``, and that
is limited to a
specified period of
time and location'';
and
(bb) in subclause (III), by
striking ``, as specified in''
and inserting ``pursuant to'';
(C) in paragraph (6), by striking ``purposes of
subsection (a)'' and inserting ``purposes of subsection
(a) and paragraph (4) of subsection (e)''; and
(D) in paragraph (8) in the matter preceding
subparagraph (A)--
(i) by striking ``and efficiency of the
national airspace system'' and inserting ``,
efficiency, and operation of the national
airspace system''; and
(ii) by striking ``the Secretary or the
Attorney General, respectively,'' and inserting
``the Secretary, in coordination with the
Secretary of Transportation and the Attorney
General,''; and
(9) by striking subsection (l) and inserting the following:
``(l) Annual Report.--Not later than 1 year after the date of
enactment of the Counter-UAS Authority Security, Safety, and
Reauthorization Act, and annually thereafter, the Secretary, in
coordination with the Secretary of Transportation and the Attorney
General, shall submit to the appropriate congressional committees a
report that contains the following:
``(1) The information required under subsection (g)(2).
``(2) A description of any guidance, policies, programs, and
procedures to mitigate or eliminate any adverse impact of the
activities carried out pursuant to this section, or the use of
any counter-UAS detection or mitigation system, equipment, or
technology, on aviation safety, civil aviation and aerospace
operations, aircraft airworthiness, or the use of the national
airspace system.
``(3) A description of the guidance, policies, programs, and
procedures established to address privacy, civil rights, and
civil liberties issues implicated by the activities carried out
pursuant to this section.''; and
(10) by adding at the end the following:
``(m) Counter-UAS System Training.--The Attorney General, in
coordination with the Secretary of Homeland Security (acting through
the Director of the Federal Law Enforcement Training Centers) may--
``(1) provide training relating to measures to take the
actions described in subsection (b)(1); and
``(2) establish or designate 1 or more facilities or training
centers for the purpose described in paragraph (1).
``(n) Counter-UAS Detection and Mitigation System Operator
Qualification and Training Criteria.--
``(1) In general.--The Secretary and Attorney General, in
coordination with the Administrator of the Federal Aviation
Administration, shall establish standards for initial and
recurring training programs or certifications for individuals
seeking to operate counter-UAS detection and mitigation
systems, equipment, or technology.
``(2) Training criteria.--In carrying out paragraph (1), the
Secretary and the Attorney General shall, at a minimum--
``(A) consider the potential impacts of such systems,
equipment, or technology to aviation safety, civil
aviation and aerospace operations, aircraft
airworthiness, or the civilian use of airspace, and
appropriate actions to maintain aviation safety, as
determined by the Administrator;
``(B) establish interagency coordination requirements
prior to deployment of such systems, equipment, or
technology; and
``(C) establish the frequency at which an individual
authorized to operate counter-UAS detection and
mitigation systems, equipment, or technology shall
complete and renew such training or certification.''.
SEC. 4. FAA COUNTER-UAS ACTIVITIES.
(a) In General.--Section 44810 of title 49, United States Code, is
amended to read as follows:
``Sec. 44810. Counter-UAS activities
``(a) Authority.--
``(1) In general.--The Administrator of the Federal Aviation
Administration may take such actions as described in paragraph
(2) that are necessary to--
``(A) detect or mitigate a credible threat (as
defined by the Secretary of Homeland Security and
Attorney General, in consultation with the
Administrator) that an operation of an unmanned
aircraft or an unmanned aircraft system poses to the
safe and efficient operation of the national airspace
system; or
``(B) test or evaluate the potential adverse impacts
or interference of a counter-UAS detection or
mitigation system, equipment, or technology on or with
safe airport operations, aircraft navigation, air
traffic services, or the safe and efficient operation
of the national airspace system.
``(2) Authorized actions.--In carrying out paragraph (1), the
Administrator may take the following actions:
``(A) Detect, identify, monitor, and track an
unmanned aircraft system or unmanned aircraft, without
prior consent from the operator of such system or
aircraft, including by means of intercept or other
access of a wire, oral, or electronic communication
used to control the unmanned aircraft system or
unmanned aircraft.
``(B) Contact or warn the operator of an unmanned
aircraft system of a potential counter-UAS action
authorized under this subsection.
``(C) Seize, exercise control of, or otherwise
confiscate an unmanned aircraft system or unmanned
aircraft.
``(D) Disrupt control of, disable, damage, or destroy
an unmanned aircraft or unmanned aircraft system,
including by means of intercept or other access of a
wire, oral, or electronic communication used to control
the unmanned aircraft or unmanned aircraft system.
``(b) Applicability of Other Laws.--
``(1) In general.--Section 46502 of this title or sections
32, 1030, and 1367 and chapters 119 and 206 of title 18 shall
not apply to activities authorized by the Administrator
pursuant to this section.
``(2) Privacy protection.--In implementing the requirements
of this section, the Administrator, in coordination with the
Attorney General and Secretary of Homeland Security, shall
ensure that--
``(A) 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;
``(B) communications to or from an unmanned aircraft
system are intercepted or acquired only to the extent
necessary to support an action as described under
subsection (a)(2);
``(C) records of such communications are disposed of
immediately following herein authorized activity to
mitigate a credible threat, unless the Administrator,
the Secretary of Homeland Security, or the Attorney
General determine that maintenance of such records--
``(i) is necessary to investigate or
prosecute a violation of law;
``(ii) would directly 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 (a)(2);
``(iii) is between the Secretary of Homeland
Security and the Attorney General in the course
of a security or protection operation of either
agency or a joint operation of such agencies;
or
``(iv) is otherwise required by law; and
``(D) to the extent necessary, the Secretary of
Homeland Security and the Attorney General are
authorized to share threat information, which shall not
include communications described in this subsection,
with State, local, territorial, or tribal law
enforcement agencies in the course of a security or
protection operation.
``(c) Office of Counter-UAS Activities.--
``(1) In general.--There is established within the Federal
Aviation Administration an Office of Counter-UAS Activities for
purposes of managing and directing the counter-UAS activities
of the Administration.
``(2) Director.--The Administrator shall designate a Director
of Counter-UAS Activities, who shall be the head of the Office.
``(3) Duties.--In carrying out the activities described in
paragraph (1), the Director shall--
``(A) coordinate with other offices of the
Administration to ensure that such activities do not
adversely impact aviation safety or the efficiency of
the national airspace system;
``(B) lead the development and implementation of
counter-UAS activity strategic planning within the
Federal Aviation Administration; and
``(C) serve as the Administration's primary point of
contact for coordinating counter-UAS activities,
including such activities of--
``(i) Federal and State agencies;
``(ii) covered airports; and
``(iii) other relevant stakeholders; and
``(D) carry out other such counter-UAS activities as
the Administrator may prescribe.
``(d) Interagency Coordination.--
``(1) In general.--The Administrator shall coordinate with
the Secretary of Homeland Security and the Attorney General to
carry out this section, subject to any restrictions of the
Secretary or Attorney General's authority to acquire, deploy,
and operate counter-UAS systems, equipment, or technology.
``(2) Non-delegation.--Nothing under this section shall
permit the Administrator to delegate any authority granted to
the Administrator to any other Federal agency.
``(e) Counter-UAS Detection and Mitigation System Performance
Requirements.--
``(1) In general.--Not later than 270 days after the date of
enactment of the Counter-UAS Authority Security, Safety, and
Reauthorization Act, the Administrator, in coordination with
the Secretary and the Attorney General, shall establish minimum
performance requirements for the safe and reliable deployment
or use of counter-UAS detection and mitigation systems,
equipment, and technology within the national airspace system.
``(2) Considerations.--
``(A) Aviation safety.--In establishing minimum
performance requirements under paragraph (1), the
Administrator shall--
``(i) leverage data collected in testing and
evaluation activities conducted under this
section and any other relevant testing and
evaluation data determined appropriate by the
Administrator;
``(ii) determine the extent to which a
counter-UAS detection or mitigation system,
equipment, or technology can safely operate
without disrupting or interfering with the
operation of aircraft or other national
airspace system users; and
``(iii) establish specific requirements for
the deployment and use of such systems,
equipment, or technology in terminal airspace.
``(B) Efficacy.--In establishing minimum performance
requirements under subsection (a), the Administrator
shall consider criteria, as determined by the Secretary
of Homeland Security, to determine the degree to which
counter-UAS detection and mitigation systems,
equipment, or technology reliable and effective in
detecting or mitigating unauthorized unmanned aircraft
system operations independent of data or information
provided by the system manufacturer of such unmanned
aircraft system.
``(C) Other interference.--In establishing minimum
performance requirements under subsection (a), the
Administrator shall consider criteria, as determined by
the Federal Communications Commission, to determine the
extent to which counter-UAS detection and mitigation
systems, equipment, or technology can be safely
operated without disrupting or interfering with the
operation of civilian communications and information
technology networks and systems, including such
networks and systems that rely on radio frequency or
cellular network communications links.
``(3) Demonstration.--The Administrator shall develop a
standardized process by which a manufacturer or end-user of a
counter-UAS detection or mitigation system, equipment, or
technology may demonstrate that such system, equipment, or
technology meets the requirements established pursuant to
paragraph (1), which may include validation by an independent
third party.
``(4) Rule of construction.--Nothing in paragraph (1) shall
require the Administrator to conduct a rulemaking in publishing
minimum performance requirements under such paragraph.
``(f) Counter-UAS System Testing, Evaluation, and Validation.--
``(1) Evaluation and validation.--The Administrator may
conduct such testing, evaluation, and validation of counter-UAS
detection and mitigation systems, equipment, and technology as
necessary to ensure--
``(A) such systems, equipment, and technology will
not have an adverse impact on the safe and efficient
operation of the national airspace system or
transportation safety; and
``(B) such systems, equipment, and technology meet
minimum performance requirements under subsection (e).
``(2) Testing and training.--Prior to the commencement of any
training or testing of counter-UAS systems, equipment, and
technology used for detection or mitigation purposes, an
agreement shall be established between the testing or training
entity and the Administrator to ensure aviation safety.
``(3) Airspace hazard mitigation program.--
``(A) Testing program.--In order to test and evaluate
counter-UAS systems, equipment, or technology that
detect or mitigate potential aviation safety risks
posed by unmanned aircraft, the Administrator shall
deploy such systems or technology at 5 airports, as
appropriate, and any other location the Administrator
determines appropriate.
``(B) Testing and evaluation.--Notwithstanding
section 46502 or sections 32, 1030, 1367 and chapters
119 and 206 of title 18, the Administrator of the
Federal Aviation Administration may conduct testing and
evaluation of any counter-UAS detection or mitigation
system, equipment, or technology to assess potential
impacts on, or interference with, safe airport
operations, aircraft and air traffic navigation, air
traffic services, or the safe and efficient operation
of the national airspace system.
``(C) Coordination.--In carrying out this paragraph,
the Administrator shall coordinate with the Secretary
of Homeland Security and the head of any other Federal
agency that the Administrator considers appropriate.
``(g) Limitations on Operation of Counter-UAS Systems Manufactured by
Certain Foreign Enterprises.--
``(1) Limitation.--Notwithstanding any other provision of
this section, the Administrator may not acquire, deploy, or
operate, or authorize the acquisition, deployment, or operation
of, a counter-UAS system or any associated elements, including
software, manufactured or developed by a covered manufacturer.
``(2) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements in place on the
date of enactment of the Counter-UAS Authority Security,
Safety, and Reauthorization Act.
``(3) Exception.--The Secretary of Transportation is exempt
from the limitation under this subsection if the Secretary
determines that the operation or procurement of such system
supports the safe, secure, or efficient operation of the
national airspace system or maintenance of public safety,
including activities carried out under the Federal Aviation
Administration's Alliance for System Safety of UAS through
Research Excellence Center of Excellence, FAA-authorized
unmanned aircraft systems test ranges, and any other testing
and evaluation activity deemed to support the safe, secure, or
efficient operation of the national airspace system or
maintenance of public safety, as determined by the Secretary.
``(4) Definitions.--In this subsection:
``(A) Covered manufacturer.--The term `covered
manufacturer' means an entity that is owned by,
controlled by, is a subsidiary of, or is otherwise
related legally or financially to, a person based in a
country that--
``(i) is identified as a nonmarket economy
country (as defined in section 771 of the
Tariff Act of 1930 (19 U.S.C. 1677)) as of the
date of enactment of the Counter-UAS Authority
Security, Safety, and Reauthorization Act;
``(ii) was identified by the United States
Trade Representative in the most recent report
required by section 182 of the Trade Act of
1974 (19 U.S.C. 2242) as a priority foreign
country under subsection (a)(2) of that
section; and
``(iii) is subject to monitoring by the Trade
Representative under section 306 of the Trade
Act of 1974 (19 U.S.C. 2416).
``(B) Otherwise related legally or financially.--The
term `otherwise related legally or financially' does
not include a minority stake relationship or
investment.
``(h) Briefings.--
``(1) Semiannual briefings and notifications.--
``(A) In general.--The Administrator shall provide
the specified committees of Congress a briefing not
less than once every 6 months on the activities carried
out pursuant to this section.
``(B) Content.--Each briefing required under this
paragraph shall include--
``(i) the number of instances and a
description of each instance in which actions
described in subsection (a)(2) have been taken,
including all such instances that--
``(I) equipment, systems, or
technology disrupted the transmission
of radio or electronic signals,
including and disaggregated by whether
any such disruption was minimized;
``(II) may have resulted in harm,
damage, or loss to a person or to
private property, including and
disaggregated by whether any such harm,
damage, or loss was minimized;
``(III) resulted in the successful
seizure, exercise of control, or
confiscation under subsection (a)(2);
or
``(IV) required the use of reasonable
force under subsection (a)(2);
``(ii) the frequency and nature of instances
in which communications were intercepted or
acquired during the course of actions described
in subsection (a)(2), including--
``(I) the approximate number and
nature of incriminating communications
intercepted;
``(II) the approximate number and
nature of other communications
intercepted; and
``(III) the total number of instances
in which records of communications
intercepted or acquired during the
course of actions described in
subsection (a)(2) were--
``(aa) shared with the
Department of Justice or
another Federal law enforcement
agency, including a list of
receiving Federal law
enforcement agencies; or
``(bb) maintained for more
than 90 days;
``(iii) the number of instances and a
description of each instance in which
Administrator of the Federal Aviation
Administration has engaged with Federal, State,
or local law enforcement agencies to implement
the authority under this section, including the
number of instances that resulted in a criminal
investigation or litigation; and
``(iv) information on the actions carried out
under subparagraphs (C) and (D) of subsection
(a)(2), including equipment or technology to
address emerging trends and changes in unmanned
aircraft system or unmanned aircraft system-
related security threats.
``(C) Classification.--
``(i) In general.--Each briefing required
under this subsection shall be in an
unclassified form, but shall be accompanied by
an additional classified briefing at the
request of the Chair or Ranking Member of any
specified committee of Congress.
``(ii) Content of briefings.--Such briefings
shall include, at a minimum--
``(I) a description of instances in
which an active mitigation action under
this section has been taken, including
all such instances that may have
resulted in harm, damage, or loss to an
individual or to private property; and
``(II) a description of each covered
site, including the capabilities of
counter-UAS systems used at such sites.
``(2) Notification.--Beginning 180 days after the date of
enactment of the Counter-UAS Authority Security, Safety, and
Reauthorization Act, the Administrator shall--
``(A) notify the specified committees of Congress of
any newly authorized acquisition, deployment, or
operation of a counter-UAS system, equipment or
technology under this section not later than 90 days
after such newly authorized acquisition, deployment, or
operation; and
``(B) in providing a notification under subparagraph
(A), include a description of options considered to
mitigate any identified impacts to the national
airspace system related to the use of any counter-UAS
system, technology, or equipment operated at a covered
site, including the minimization of the use of any
technology, equipment or system that disrupts the
transmission of radio or electronic signals.
``(i) Definitions.--In this section:
``(1) Specified committees of congress.--The term `specified
committees of Congress' means--
``(A) the Committee on Transportation and
Infrastructure, the Committee on Homeland Security, and
the Committee on the Judiciary of the House of
Representatives; and
``(B) the Committee on Commerce, Science, and
Transportation, the Committee on Homeland Security and
Governmental Affairs, and the Committee on the
Judiciary of the Senate.
``(2) State.--The term `State' means a State, the District of
Columbia, and a territory or possession of the United States.
``(j) Sunset.--This section ceases to be effective on October 1,
2029.''.
(b) Clerical Amendment.--The analysis for chapter 448 of title 49,
United States Code, is amended by striking the item relating to section
44810 and inserting the following:
``44810. Counter-UAS activities.''.
SEC. 5. ADDITIONAL LIMITED AUTHORITY FOR DETECTION, IDENTIFICATION,
MONITORING, AND TRACKING.
(a) In General.--The Secretary of Homeland Security, in coordination
with the Administrator of the Federal Aviation Administration and the
Attorney General, may authorize the acquisition, deployment, and
operation of approved counter-UAS detection systems, equipment or
technology intended to be used for the detection of unmanned aircraft
systems by a covered entity.
(b) Required Application.--
(1) In general.--In carrying out this section, the Secretary
of Homeland Security, in coordination with the Administrator
and the Attorney General, not later than 180 days after the
establishment of the list of approved makes and models of
counter-UAS detection systems, equipment, and technology, shall
establish an application process to authorize the acquisition,
deployment, and operation of an approved counter-UAS detection
system, equipment, or technology by a Federal, State, local,
territorial, or Tribal law enforcement agency, in partnership
with a covered entity, at a covered site.
(2) Application requirements.--The application described in
paragraph (1) shall contain--
(A) a justifiable need (based on a threat posed by an
unmanned aircraft or unmanned aircraft system to a
covered site) to detect an unmanned aircraft system
with an approved counter-UAS detection system,
equipment, or technology;
(B) a plan for the acquisition, deployment, and
operation of such counter-UAS detection system,
equipment, or technology, that shall--
(i) be subject to the approval of the
Secretary of Homeland Security, the
Administrator of the Federal Aviation
Administration, and the Attorney General; and
(ii) include--
(I) a description of the covered site
or sites at which the counter-UAS
detection system, equipment, or
technology will be deployed and
operated;
(II) a description of the time
periods and dates during which the
counter-UAS detection system,
equipment, or technology will be
operated;
(C) a written agreement between the covered entity
and a Federal, State, local, or Tribal law enforcement
agency to operate such approved counter-UAS detection
system, equipment, or technology at a covered site on
behalf of such covered entity;
(D) proof of completion of initial and recurrent
training or certification requirements under section
210G(n) of the Homeland Security Act of 2002 (6 U.S.C.
124n(n)); and
(E) any other requirements the Secretary determines
appropriate.
(c) Agreements.--Upon approval of an application required under
subsection (b) by the Secretary of Homeland Security, the Secretary
shall enter into an agreement with the applicable covered entity to
authorize the acquisition, deployment, and operation of an approved
counter-UAS detection system, equipment, or technology, that shall
specify, at a minimum--
(1) the approved counter-UAS detection system, equipment, or
technology to be operated;
(2) the covered site or sites at which the system, equipment,
or technology may be operated;
(3) the time periods, dates, and circumstances during which
the counter-UAS detection system, equipment, or technology may
be operated; and
(4) any terms and conditions on the deployment and operation
of an approved counter-UAS detection system, equipment, or
technology the Secretary determines necessary to ensure public
safety.
(d) Revocation.--The Secretary shall revoke the authorization or
approval for the deployment and operation of an approved counter-UAS
detection system, equipment, or technology pursuant to this section if
the Secretary determines that the covered entity has not--
(1) maintained an agreement that is acceptable to the
Secretary with a Federal, State, local, or Tribal law
enforcement agency to operate such approved counter-UAS
detection system, equipment, or technology on behalf of the
covered entity;
(2) complied with the initial and recurrent training or
certification requirements under section 210G(n) of the
Homeland Security Act of 2002 (6 U.S.C. 124n(n)); and
(3) complied with the privacy protections under section
210G(e) of the Homeland Security Act of 2002 (6 U.S.C.
124n(e)).
(e) Coordination.--The Secretary shall coordinate with the
Administrator of the Federal Aviation Administration and the Attorney
General in carrying out the application and agreement processes under
this section.
(f) Applicability of Other Laws.--Section 46502 of title 49, United
States Code, or sections 32, 1030, and 1367 and chapters 119 and 206 of
title 18, United States Code, shall not apply to activities authorized
by the Secretary under this section or section 6.
(g) Previously Acquired Counter-UAS Systems.--If the Administrator
finds that a covered entity acquired and operated a counter-UAS
detection system, equipment, or technology prior to the date of
enactment of this Act, the Secretary may authorize the use of such
system, equipment, or technology if--
(1) such system, equipment, or technology meets the minimum
performance requirements issued pursuant to section 44810(e) of
title 49, United States Code; and
(2) such covered entity submits an application under
subsection (b) and enters into required agreements under
subsection (c).
(h) Audits.--Not later than 18 months after the date of enactment of
this Act, and every 18 months thereafter, the inspectors general of the
Department of Transportation, the Department of Homeland Security, and
the Department of Justice shall conduct a joint audit of the
implementation of the requirements of this section, section 6, or
section 7.
(i) Report to Congress.--Not later than 90 days after the date on
which the inspectors general complete each audit required under
subsection (h), the inspector generals shall submit to the appropriate
committees of Congress a report on the findings of such audit and any
recommendations related to the administration of this section.
(j) Termination of Authority.--The authorities under this section
shall terminate on October 1, 2029.
(k) Savings Clause.--
(1) Rules of construction.--
(A) Safety and efficiency.--Nothing in this section
or section 6 shall be construed to limit or restrict
the Administrator of the Federal Aviation
Administration from ensuring the safety and efficiency
of the national airspace system.
(B) Preclusion.--Nothing in this section or section 7
shall be construed to preclude a covered entity from
acquiring and operating an approved counter-UAS
detection system, equipment, or technology without an
authorization if the lawful operation of such system,
equipment, or technology does not--
(i) require the relief provided under
subsection (f); and
(ii) adversely impact the safe operation of
the national airspace system.
(2) Suspension of authority.--
(A) In general.--The Administrator of the Federal
Aviation Administration, in consultation with the
Attorney General, may suspend the authority provided
under this section or section 6 if the Administrator--
(i) determines that the exercise of such
authority threatens the safety or efficiency of
the national airspace system; and
(ii) conveys in writing the determination to
the Secretary of Homeland Security.
(B) Reporting.--The Administrator shall notify the
appropriate committees of Congress within 48 hours of
suspending the authority provided under this section
under subparagraph (A).
(l) Approved Counter-UAS Detection System Defined.--In this section,
the term ``approved counter-UAS detection system'' means a counter-UAS
detection system approved under section 210G(b)(4) of the Homeland
Security Act of 2002 (6 U.S.C. 124n(b)(4)) and that meets the minimum
performance requirements established pursuant to section 44810(e) of
title 49, United States Code.
SEC. 6. COUNTER-UAS MITIGATION LAW ENFORCEMENT PILOT PROGRAM.
(a) In General.--Subject to the availability of appropriations for
such purpose, not later than 180 days after the first determination
that a counter-UAS system with mitigation capabilities meets the
requirements of section 44810(e) of title 49, United States Code, the
Secretary of Homeland Security, in coordination with the Attorney
General and the Administrator of the Federal Aviation Administration,
shall establish a pilot program to assess the efficacy of approved
counter-UAS mitigation systems at covered sites and determine the
appropriate policies, procedures, and protocols necessary to allow
State and covered local law enforcement agencies (in coordination with
the Secretary, Attorney General, and Administrator) to acquire, deploy,
and operate approved counter-UAS mitigation systems and mitigate
unauthorized UAS operations on behalf of covered entities.
(b) Required Application.--
(1) In general.--In carrying out this section, the Secretary
of Homeland Security, in coordination with the Attorney General
and the Administrator, shall establish an application process
to authorize the acquisition, deployment, and operation of an
approved counter-UAS mitigation system, equipment, or
technology by a State or covered local law enforcement agency,
in partnership with a covered entity, at a covered site.
(2) Application requirements.--The application described in
paragraph (1) shall contain--
(A) a justifiable need (based on a threat posed by an
unmanned aircraft or unmanned aircraft system to a
covered site) to mitigate an unmanned aircraft system
with an approved counter-UAS mitigation system,
equipment, or technology;
(B) a plan for the acquisition, deployment, and
operation of such counter-UAS mitigation system,
equipment, or technology, that shall--
(i) be subject to the approval of the
Secretary of Homeland Security, the Attorney
General, and the Administrator of the Federal
Aviation Administration; and
(ii) include--
(I) a description of the covered site
or sites at which the counter-UAS
mitigation system, equipment, or
technology will be deployed and
operated; and
(II) a description of the time
periods and dates during which the
counter-UAS mitigation system,
equipment, or technology will be
operated;
(C) a written agreement between the covered entity
and a State or covered local law enforcement agency to
operate such approved counter-UAS mitigation system,
equipment, or technology at a covered site on behalf of
such covered entity;
(D) proof of completion of initial and recurrent
training or certification requirements under section
210G(n) of the Homeland Security Act of 2002 (6 U.S.C.
124n(n));
(E) proof that the airspace above such covered site
is restricted by a temporary flight restriction, a
determination under section 2209 of the FAA Extension,
Safety, and Security Act of 2016 (49 U.S.C. 44802
note), or any other similar restriction determined
appropriate by the Secretary; and
(F) any other requirements the Secretary determines
appropriate.
(c) Agreements.--Upon approval of an application required under
subsection (b) by the Secretary of Homeland Security, the Secretary
shall enter into an agreement with the applicable covered entity and
State or covered local law enforcement agency to authorize the
acquisition, deployment, operation of an approved counter-UAS
mitigation system, equipment, or technology, that shall specify, at a
minimum--
(1) the approved counter-UAS mitigation system, equipment, or
technology to be operated;
(2) the covered site or sites at which the system, equipment,
or technology may be operated;
(3) the time periods, dates, and circumstances during which
the counter-UAS mitigation system, equipment, or technology may
be operated;
(4) any terms and conditions on the deployment and operation
of an approved counter-UAS mitigation system, equipment, or
technology the Secretary determines necessary to ensure public
safety;
(5) the frequency with which the appropriate Federal agency
representatives shall conduct periodic site visits to ensure
compliance with the approved terms and conditions of deployment
and operations of the approved counter-UAS mitigation system,
equipment, or technology;
(6) the required Federal coordination prior to the mitigation
of an unmanned aircraft system by a State or covered local law
enforcement agency described in subsection (d)(1); and
(7) the post-event reporting requirements specified in
subsection (d)(3).
(d) Required Coordination and Notification.--
(1) In general.--Until the date that is 270 days after the
initial deployment of an authorized counter-UAS system,
equipment, or technology, the Secretary of Homeland Security
shall expressly approve, on a case-by-case basis, the
mitigation of unmanned aircraft system by a State or covered
local law enforcement agency under this section.
(2) Verification and notification.--In carrying out paragraph
(1), the Secretary of Homeland Security shall--
(A) verify that there is a justifiable threat that
warrants the use of such counter-UAS system, equipment,
or technology;
(B) verify that the use of such counter-UAS system,
equipment, or technology will--
(i) be conducted in a manner consistent with
the agreement between the Secretary and the
State or covered local law enforcement agency;
and
(ii) abide by all safety protocols, terms,
and conditions established for the use of such
system, equipment, or technology at the covered
site; and
(C) immediately notify the Administrator of the
Federal Aviation Administration of the approval
provided under this paragraph.
(3) Report.--
(A) In general.--Not later than 24 hours after each
mitigation of a UAS conducted under the authorities in
this section, the relevant State or covered local law
enforcement agency shall submit to the Secretary of
Homeland Security, the Administrator of the Federal
Aviation Administration, and the Attorney General a
post-event report.
(B) Contents.--The report under subparagraph (A)
shall include all relevant information pertaining to
the event, including the drone operation, and
subsequent mitigation and enforcement actions, and
subsequent enforcement actions, as specified by the
Secretary.
(e) Revocation.--The Secretary shall revoke the authorization or
approval for the deployment and operation of an approved counter-UAS
mitigation system, equipment, or technology pursuant to this section if
the Secretary determines that the covered entity has not--
(1) maintained an agreement that is acceptable to the
Secretary with a State or covered local law enforcement agency
to operate such approved counter-UAS mitigation system,
equipment, or technology on behalf of the covered entity;
(2) complied with the initial and recurrent training or
certification requirements under section 210G(n) of the
Homeland Security Act of 2002 (6 U.S.C. 124n(n)); and
(3) complied with the privacy protections under section
210G(e) of the Homeland Security Act of 2002 (6 U.S.C.
124n(e)).
(f) Coordination.--The Secretary shall coordinate with the
Administrator of the Federal Aviation Administration and the Attorney
General in carrying out the application, agreement, and revocation
processes under this section.
(g) Selection Criteria.--
(1) Airspace considerations.--
(A) In general.--The Administrator of the Federal
Aviation Administration, in coordination with the
Secretary of Homeland Security and the Attorney
General, shall make a site-specific determination for
each covered site selected under the pilot program
established under this section to ensure that any
potential use of counter-UAS mitigation systems,
equipment, or technology at the covered site will not
adversely impact the safe operation of the national
airspace system, including any airport that is located
near the covered site.
(B) Ineligibility for participation.--If an adverse
impact is identified under subparagraph (A) and cannot
be safely mitigated to the satisfaction of the
Administrator, the covered site is not eligible for
participation in the pilot program established under
this section.
(2) Program size, review, and expansion.--
(A) Initial size.--The program established under
subsection (a) may include not more than 5 State or
covered local law enforcement agencies.
(B) Restriction.--No State or covered local law
enforcement agency participating in the pilot program
established under subsection (a) may operate approved
counter-UAS mitigation systems, equipment, or
technology at more than 4 covered sites.
(C) Review and expansion.--Not later than 18 months
after approved counter-UAS mitigation systems,
equipment, or technology are deployed for use by State
or covered local law enforcement agencies participating
in the pilot program established under subsection (a),
the Secretary, in coordination with the Administrator
and the Attorney General, shall review the preliminary
results of such pilot program and, if appropriate, take
such actions as may be necessary to revise or expand,
subject to the availability of trained personnel, the
number of law enforcement agencies permitted to
participate in the program by 10.
(3) Review and expansion.--Not later than 3 years after
approved counter-UAS mitigation systems, equipment, or
technology are deployed at the 5 covered sites selected under
subsection (a), the Secretary, in coordination with the
Administrator and the Attorney General, shall review the
preliminary results of such pilot program and, if appropriate,
take such actions as may be necessary to revise or expand
counter-UAS system mitigation authorities, subject to the
availability of trained personnel, to not more than 20 covered
sites under the pilot program.
(h) Required Briefing.--Not later than 6 months after the
establishment of the pilot program under this section, and every 6
months thereafter, the Secretary shall brief the appropriate committees
of Congress on the progress and findings of the pilot program
established under this section, including a description of all
mitigation events reported under subsection (d).
(i) Sunset.--The authority under this section shall terminate on
October 1, 2029.
(j) Definitions.--In this section:
(1) Approved counter-uas detection system.--The term
``approved counter-UAS detection system'' means a counter-UAS
detection system approved under section 210G(b)(4) of the
Homeland Security Act of 2002 (6 U.S.C. 124n(b)(4)) and that
meets the minimum performance requirements established pursuant
to section 44810(e) of title 49, United States Code.
(2) Covered local law enforcement agency.--The term ``covered
local law enforcement agency'' means a local law enforcement
agency that has jurisdiction over an area containing a
population of at least 650,000 people.
SEC. 7. COUNTER-UAS SYSTEM PLANNING AND DEPLOYMENT AT AIRPORTS.
(a) Strategic Airport Planning.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration, in coordination with the Secretary of
Homeland Security and the Attorney General, shall develop a
plan for operations at covered airports of counter-UAS
detection and mitigation systems, equipment, or technology that
meet the performance requirements described in section 44810(e)
of title 49, United States Code, for purposes of--
(A) ensuring the safety and security of aircraft; and
(B) responding to a persistent disruption of air
traffic operations caused by unmanned aircraft system
activity.
(2) Contents.--The plan required under paragraph (1) shall
consider, at a minimum--
(A) the roles and responsibilities of--
(i) Federal agency personnel, including air
traffic control personnel and Federal Air
Marshal resources;
(ii) relevant airport personnel; and
(iii) any other stakeholder the Administrator
determines appropriate in the terminal
airspace;
(B) operational procedures, protocols, policies, and
guidelines pertaining to the deployment of such
systems, equipment, or technology;
(C) minimum performance requirements for such
systems, equipment, or technology;
(D) funding responsibilities and mechanisms for the
acquisition, deployment, and operation of such systems,
equipment or technology;
(E) the operational approval process by which such
systems, equipment or technology may be deployed;
(F) reporting requirements associated with the use of
such systems, equipment, or technology;
(G) initial operator training and recurrent training
requirements;
(H) how the remote identification of unmanned
aircraft systems can be leveraged for the operation of
counter-UAS systems, equipment or technology; and
(I) any other content as determined necessary by the
Administrator, the Secretary, and the Attorney General.
(3) Coordination.--In developing the plan described in
paragraph (1), the Administrator--
(A) shall coordinate with the Secretary of Homeland
Security and the Attorney General to consider, and if
determined appropriate by the Administrator, include
requirements and procedures for--
(i) conducting and updating airport-specific
vulnerability assessments;
(ii) developing airport-specific coordination
and communication requirements with Federal
agencies, local law enforcement, and airport
personnel appropriate for the scope of such
plan;
(iii) tactical response and status reporting
during events within the scope of such plan;
and
(iv) acquisition and deployment of counter-
UAS systems, equipment, or technology within
the scope of such plan; and
(B) shall consult with airport and law enforcement
stakeholders, including the exclusive bargaining
representative of air traffic controllers certified
under section 7111 of title 5, United States Code, as
appropriate.
(4) Periodic update.--In carrying out this subsection, the
Administrator shall review and update such plan not less than
annually.
(b) Counter-UAS Detection Systems at Airports.--
(1) In general.--Pursuant to the plan required in subsection
(a) and subject to available appropriations, the Administrator,
in coordination with the Secretary of Homeland Security, the
Attorney General, and other relevant Federal agencies, shall
provide for the deployment of approved counter-UAS detection
systems, equipment, or technology within the terminal airspace
of--
(A) each large hub airport (as defined in section
47102 of title 49, United States Code), not later than
30 months after the publication of the performance
requirements described in section 44810(e) of title 49,
United States Code;
(B) a minimum of 3 airports that each have a total
annual landed weight of all-cargo of more than
7,500,000,000 pounds in 2021 or any year thereafter,
not later than 12 months after the publication of the
guidance described in subsection (a); and
(C) each medium hub airport (as defined in section
47102 of title 49, United States Code), not later than
4 years after the publication of the performance
requirements described in section 44810(e) of title 49,
United States Code.
(2) Pre-deployment activities.--The Administrator of the
Federal Aviation Administration, in consultation with the
Federal Communications Commission, the National
Telecommunications and Information Administration, and other
Federal agencies as appropriate, shall conduct site-specific
spectrum and suitability assessments for each selected airport
under the program, based on the specific counter-UAS detection
systems, equipment, or technology intended to be deployed.
(c) Counter-UAS Mitigation at Airports.--
(1) Establishment.--Pursuant to the plan required in
subsection (a), the Secretary of Homeland Security, jointly
with the Administrator of the Federal Aviation Administration
and in coordination with the Attorney General, shall, subject
to the availability of appropriations, establish a pilot
program to assess the feasibility of deploying approved
counter-UAS mitigation systems, equipment, and technology
capable of mitigating unmanned aircraft and unmanned aircraft
systems for purposes of responding to a persistent disruption
of air traffic operations caused by unauthorized unmanned
aircraft system activity.
(2) Deployment of counter-uas mitigation systems.--The pilot
program shall include deployment of approved counter-UAS
mitigation systems, equipment, or technology at up to 5 covered
airports not later than 2 years after the publication of the
performance requirements described in section 44810(e) of title
49, United States Code.
(3) Selection.--The Administrator shall provide the Secretary
of Homeland Security a list of covered airports eligible for
inclusion in the pilot program, based on the suitability of
each such airport for counter-UAS system, equipment, or
technology deployment.
(4) Pre-deployment activities.--The Administrator shall, in
consultation with the Federal Communications Commission, the
National Telecommunications and Information Administration, and
other Federal agencies as appropriate, conduct site-specific
spectrum and suitability assessments for each selected airport
under the program, based on the specific counter-UAS mitigation
systems, equipment, or technology to be deployed, prior to the
operation of such systems at each selected airport.
(5) Limitations on mitigation activities.--
(A) Authorization of mitigation.--No activity to
mitigate the operation of an unmanned aircraft or
unmanned aircraft system under the pilot program may be
carried out without authorization from both the
Secretary of Homeland Security and the Administrator.
(B) Emergency, temporary deployment.--The Secretary
of Homeland Security or the Administrator, may, on a
case-by-case basis, authorize an emergency, temporary
deployment and operation of systems, equipment, or
technology capable of mitigating unmanned aircraft and
unmanned aircraft systems to a public airport (as
defined under section 47102 of title 49, United States
Code) not participating in the pilot program for
purposes of responding to a persistent disruption of
air traffic operations caused by unauthorized unmanned
aircraft system activity.
(d) Site Specific Planning.--
(1) In general.--Prior to the deployment and operation of a
counter-UAS detection or mitigation system, equipment, or
technology at an airport as described in subsection (b) and
paragraph (1) of subsection (c), the Secretary and the
Administrator shall coordinate with airport personnel,
including the exclusive bargaining representative of air
traffic controllers certified under section 7111 of title 5,
United States Code, State law enforcement, and other relevant
stakeholders to develop a site-specific plan for the use of
counter-UAS detection and mitigation systems, equipment, or
technology at such airport.
(2) Responsibilities.--A plan required under paragraph (1)
shall include--
(A) roles and responsibilities of--
(i) Federal agency personnel, including air
traffic control personnel;
(ii) airport law enforcement and security
personnel;
(iii) State law enforcement personnel;
(iv) other relevant airport personnel, as
determined by the Secretary and the
Administrator; and
(v) any other stakeholder in a terminal
airspace the Secretary and Administrator
determine appropriate;
(B) operational procedures, protocols, policies, and
guidelines pertaining to the deployment, use, and
maintenance of such systems, equipment, or technology;
(C) the operational approval process by which such
systems, equipment, or technology may be actively
deployed and operated;
(D) reporting requirements associated with the use of
such systems, equipment, or technology;
(E) initial and recurring counter-UAS operator
training requirements;
(F) appropriate consideration of, and updates to,
counter-UAS emergency response plans for an airport;
and
(G) any other content as determined necessary by the
Secretary and the Administrator.
(e) Restriction.--No Federal agency may require an airport operator
to procure, acquire, deploy, or operate an approved counter-UAS
detection system, equipment, or technology, or approved counter-UAS
mitigation system, equipment, or technology for or on behalf of the
Federal agency.
(f) Previously Acquired Counter-UAS Systems.--If the Administrator
finds that an airport acquired and operated a counter-UAS detection
system, equipment, or technology prior to the date of enactment of this
Act, the Administrator may authorize the use of such system, equipment,
or technology under this subsection if--
(1) such system, equipment, or technology meets the minimum
performance requirements issued pursuant to section 44810(e) of
title 49, United States Code; and
(2) such airport agrees to such terms and conditions as the
Administrator may prescribe under this subsection.
(g) Definitions.--In this section:
(1) Approved counter-uas detection system defined.--The term
``approved counter-UAS detection system'' means a system
approved under section 210G(b)(4) of the Homeland Security Act
of 2002 (6 U.S.C. 124n(b)(4)) and that meets the minimum
performance requirements established pursuant to section
44810(e) of title 49, United States Code.
(2) Approved counter-uas mitigation system defined.--The term
``approved counter-UAS mitigation system'' means a system
approved under section 210G(b)(4) of the Homeland Security Act
of 2002 (6 U.S.C. 124n(b)(4)) and that meets the minimum
performance requirements established pursuant to section
44810(e) of title 49, United States Code.
SEC. 8. UAS DETECTION AND MITIGATION ENFORCEMENT AUTHORITY.
(a) In General.--Chapter 448 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 44815. Unmanned aircraft system detection and mitigation
enforcement
``(a) Prohibition.--
``(1) In general.--No person may carelessly or recklessly
operate a system, equipment, or technology to detect, identify,
monitor, track, or mitigate an unmanned aircraft system or
unmanned aircraft in a manner that adversely impacts or
interferes with safe airport operations, navigation, or air
traffic services, or the safe and efficient operation of the
national airspace system.
``(2) Actions by the administrator.--The Administrator of the
Federal Aviation Administration may take such action as may be
necessary to address the adverse impacts or interference of
operations that violate paragraph (1).
``(b) Rule of Construction.--The term `person' as used in this
section does not include--
``(1) the Federal Government or any bureau, department,
instrumentality, or other agency of the Federal Government; or
``(2) an officer, employee, or contractor of the Federal
Government or any bureau, department, instrumentality, or other
agency of the Federal Government if the officer, employee, or
contractor is authorized by the Federal Government or any
bureau, department, instrumentality, or other agency of the
Federal Government to operate a system or technology referred
to in subsection (a)(1).''.
(b) Penalties Relating to the Operation of Unmanned Aircraft System
Detection and Mitigation Technologies.--Section 46301(a) of title 49,
United States Code, is amended by adding at the end the following:
``(9) Penalties Relating to the Operation of Unmanned Aircraft System
Detection and Mitigation Technologies.--Notwithstanding paragraphs (1)
and (5) of subsection (a), the maximum civil penalty for a violation of
section 44815 committed by a person described in such section,
including an individual or small business concern, shall be the maximum
civil penalty authorized under subsection (a)(1) of this section for
persons other than an individual or small business concern.''.
(c) Clerical Amendment.--The analysis for chapter 448 of title 49,
United States Code, is amended by adding at the end the following:
``44815. Unmanned aircraft system detection and mitigation
enforcement''.
SEC. 9. REPORTING ON COUNTER-UAS ACTIVITIES.
(a) Requirement.--Not later than 180 days after the date of enactment
of this Act, and annually thereafter, the Secretary of Homeland
Security shall issue, in coordination with the Administrator of the
Federal Aviation Administration and the Attorney General, a public
report summarizing the results of all counter-UAS detection and
mitigation activities conducted pursuant to this Act during the
previous year.
(b) Contents.--The report under subsection (a) shall include--
(1) information on any violation of, or failure to comply
with, this Act or the amendments made by this Act by personnel
authorized to conduct detection and mitigation activities,
including a description of any such violation or failure;
(2) data on the number of detection activities conducted, the
number of mitigation activities conducted, and the number of
instances of communications interception from an unmanned
aircraft system;
(3) whether any unmanned aircraft that experienced mitigation
was engaged in First Amendment-protected activities, and
whether any unmanned aircraft or unmanned aircraft systems were
properly or improperly seized, disabled, damaged, or destroyed
as well as methods used to seize, disable, damage, or destroy
such aircraft or systems; and
(4) a description of the efforts of the Federal Government to
protect privacy and civil liberties when carrying out counter-
UAS detection and mitigation activities.
(c) Form.--The Secretary shall submit each report under subsection
(a) in unclassified form and post such report on a publicly available
website.
Purpose of Legislation
The purpose of H.R. 8610 is to reauthorize and reform
counter-unmanned aircraft system authorities, to improve
transparency, security, safety, and accountability related to
such authorities, and for other purposes.
Background and Need for Legislation
H.R. 8610 reauthorizes and improves oversight of the
current counter unmanned aircraft system (counter-UAS)
authorities of the Department of Homeland Security (DHS) and
Department of Justice (DOJ), expands limited counter-UAS
authorities to the Federal Aviation Administration (FAA), and
gradually expands authorities for counter-UAS detection and
mitigation to eligible non-Federal entities, including certain
critical infrastructure facilities.
The market for unmanned aircraft systems, commonly referred
to as ``drones'' or ``UAS'', has grown substantially over the
last five years. It is expected that the market for, and use
of, UAS in the United States will only continue to grow as the
industry awaits several key final rules from the FAA to safely
scale more complex drone operations, such as those conducted
beyond an operator's visual line of sight (BVLOS).\1\ In 2016,
the FAA reportedly certified a total of 20,000 remote pilot's
(RP's), today, that number has grown to over 400,000.\2\
Additionally, as of August 8, 2024, over 785,000 UAS are
registered with the FAA.\3\ Agency forecasts predict that
number will grow in excess of one million in a few short
years.\4\ UAS are a revolutionary aviation technology that has
the potential to improve traditional models of infrastructure
inspection, agricultural applications, and commercial delivery
of both medical goods and consumer commodities. As UAS continue
to integrate into the National Airspace System (NAS), it is
critical that Federal agencies are equipped with the necessary
resources and authorities to handle unlawful, malicious, and
even potentially dangerous UAS operations.
---------------------------------------------------------------------------
\1\FAA Reauthorization Act of 2024, Pub. L. No. 118-63, Sec. 930.
\2\Emerging aviation entrants: Unmanned Aircraft systems and
Advanced Air mobility, federal aviation administration (2023),
available at https://www.faa.gov/data_research/
aviation/aerospace_forecasts/unmanned_aircraft_systems.pdf.
\3\U.S. Dep't of transp., federal aviation administration, Drones
by the Numbers (last updated Aug. 8, 2024), available at https://
www.faa.gov/node/54496.
\4\Federal Aviation Administration, FAA Aerospace Forecast Fiscal
Years 2023-2043, (last updated July 2024), available at https://
www.faa.gov/sites/faa.gov/files/2023-
Unmanned%20Aircraft%20Systems%20and%20Advance%20Air%20Mobility_0.pdf.
---------------------------------------------------------------------------
In 2016, Congress began to contemplate an appropriate
counter-UAS framework. Section 2209 of the FAA Extension,
Safety, and Security Act of 2016 (P.L. 114-190) required the
Secretary of Transportation to establish a process through
which applicants could petition the FAA to prohibit or restrict
the operations of UAS in close proximity to a fixed site
facility. Fixed sites facilities were defined in the law as
critical infrastructure, oil refineries and chemical
facilities, amusement parks, and other locations that warranted
such a restriction.\5\ Unfortunately, delays in implementing
such a process continue as industry awaits a final rulemaking
from the agency on this important and timely issue.
---------------------------------------------------------------------------
\5\FAA Extension, Safety, and Security Act of 2016, Pub. L. No.
114-190, 130 Stat. 615.
---------------------------------------------------------------------------
The Preventing Emerging Threats Act of 2018 in Division H
of the FAA Reauthorization Act of 2018 (P.L. 115-254) built
upon the work done in the FAA Extension, Safety, and Security
Act of 2016 (P.L. 114-190) and constituted one of the first
major instances of Congressional action taken to address the
need for a robust and comprehensive counter-UAS framework. The
law provided DHS and DOJ with the authority to, in coordination
with the Department of Transportation (DOT), protect certain
critical facilities and assets from the threats posed by
credible UAS threats.\6\ Under this statute, the Departments
are granted relief (known as title 18 relief) from Federal
criminal laws and prohibitions related to aircraft sabotage and
piracy; oral, wire, and electronic communications; and
satellite interference, among others, to take counter-UAS
detection and mitigation actions. The authorities provided to
DHS and DOJ were modeled closely after existing authorities
granted to the Department of Defense (DOD) and Department of
Energy (DOE) to ensure they could carry out joint mission
operations. Additionally, DHS was required to complete an
assessment of (1) the drone threats to United States critical
infrastructure and to large hub airports; (2) Federal, state,
local, territorial or tribal law enforcement authorities to
counter UAS threats and any changes to these authorities; (3)
the effectiveness and efficiency of current procedures and
resources available to critical infrastructure owners to
mitigate drone threats; and (4) any additional research and
development the Department needs to counter such threats.
---------------------------------------------------------------------------
\6\FAA Reauthorization Act of 2018, Pub. L. No. 115-254, 132 Stat.
3186.
---------------------------------------------------------------------------
Furthermore, the FAA Reauthorization Act of 2024 (P.L. 118-
63) included provisions related to counter-UAS capabilities.
Section 935 of the law stood up a novel process by which
eligible entities can petition the FAA for a temporary flight
restriction (TFR) over large public gatherings, such as
concerts and music festivals. Historically, outdoor events such
as Major League Baseball, National Football League, and
National Collegiate Athletic Association sporting events have
been afforded TFRs. This section also extends such protections
to large outdoor gatherings hosted in a stadium or venue
through a tiered approach based on expected attendance.\7\
Additionally, section 904 extends authorities of the FAA's
Airport Safety and Airspace Hazard Mitigation and Enforcement
program through September 30, 2028. This program was
established under the 2018 FAA Reauthorization Act to test and
evaluate counter-UAS technologies and systems that could detect
and mitigate safety risks posed by UAS at and near airports.
Lastly, section 1112 extends the DHS' and DOJ's existing
counter drone authorities through October 1, 2024.
---------------------------------------------------------------------------
\7\FAA Reauthorization Act of 2024, Pub. L. No. 118-63, Sec. 935.
---------------------------------------------------------------------------
Recent events have reignited discussions about the
importance of counter-UAS detection and mitigation capabilities
and have demonstrated the ease with which bad actors can buy
cheap commercially available UAS to carry and drop explosive
payloads, deliver harmful and illegal substances, and conduct
surveillance. To date, numerous Federal agencies such as the
United States Secret Service (USSS), Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATF), Drug Enforcement
Agency (DEA), Federal Bureau of Investigation (FBI), United
States Marshals Service (USMS), and the Federal Bureau of
Prisons (BOP) utilize UAS to carry out their respective
missions.\8\
---------------------------------------------------------------------------
\8\Department of Justice Summary of Unmanned Aircraft Systems (UAS)
Operations During Fiscal Year 2022, United States Department of Justice
(2022), available at https://www.justice.gov/d9/pages/attachments/2023/
04/03/uas_operations_during_fy_2022.pdf.
---------------------------------------------------------------------------
H.R. 8610, the Counter-UAS Authority Security, Safety, and
Reauthorization Act,\9\ represents Congress's strongest effort,
to date, to build a counter-UAS framework that will allow DHS,
DOJ, FAA, and other eligible entities to respond to the UAS
threats facing critical infrastructure, United States airports
and other key sites. H.R. 8610 amends section 210G of the
Homeland Security Act of 2002\10\ to reauthorize, reform, and
reasonably expand the counter-UAS authorities of DHS and DOJ
through October 1, 2029. The legislation provides Homeland
Security Investigations, the principal investigative component
of DHS, with counter-UAS authorities and requires DHS to
maintain a list of approved counter-UAS detection and
mitigation systems. In establishing and maintaining such a
list, DHS and DOJ are required to establish standards for
counter-UAS system training programs and operator
qualifications. Perhaps most importantly, the legislation
increases Americans' privacy and civil liberty protections by
ensuring that information gathered by approved counter-UAS
systems is not misused or retained for extended periods of
time.
---------------------------------------------------------------------------
\9\Counter-UAS Authority Security, Safety, and Reauthorization Act
of 2024, H.R. 8610, 118th Cong. (2024).
\10\Homeland Security Act of 2002, Pub. L. No. 107-296, 116 Stat.
2135.
---------------------------------------------------------------------------
Additionally, H.R. 8610 provides the FAA with counter-UAS
authorities to ensure the safe and efficient operation of the
NAS through October 1, 2029. To facilitate such
responsibilities, the legislation establishes an Office of
Counter-UAS Activities at the FAA which will manage
coordination requirements with other Federal agencies and
eligible entities and carry out the FAA's counter-UAS
activities. The FAA is also required to establish minimum
performance requirements for counter-UAS systems used by
Federal agencies and other eligible entities to ensure aviation
safety.
H.R. 8610 represents the first time that the Federal
Government has contemplated how these counter-UAS detection and
mitigation systems may be used by Federal, state, local, and
territorial law enforcement agencies to protect covered sites
from errant drone operations. In fact, the legislation
establishes a first of its kind pilot program under which up to
five state and local law enforcement agencies may operate
approved counter-UAS mitigation systems, on behalf of a covered
entity, at up to four sites. If the initial results are deemed
successful by DHS, in coordination with FAA and DOJ, the
program can expand operations to up to another ten law
enforcement agencies, also at four sites each.
In addition, H.R. 8610 seeks to establish a framework for
counter-UAS operations in an airport environment where safety
is non-negotiable. It requires the FAA, in coordination with
DHS and DOJ, to develop a plan for counter-UAS operations at
airports. As part of the plan, FAA, in coordination with DHS
and DOJ, shall deploy counter-UAS detection systems at large
hub, medium hub, and at least three cargo mega hub airports
once certain pre-deployment activities are conducted. Going
further, the language requires the FAA and DHS to establish a
counter-UAS mitigation pilot program at up to five of the Core
30 airports to assess the feasibility of mitigating errant UAS
operations within the airport environment. Furthermore, the
bill prohibits non-Federal or unauthorized counter-UAS
operations that may adversely impact aviation safety and
authorizes the FAA to enforce such prohibition through civil
penalties.
As UAS continue to integrate into the NAS, it is imperative
that Congress and Federal agencies have the authorities and
resources necessary to conduct oversight of these technologies
to ensure the safety and efficiency of the NAS and the American
people. H.R. 8610 represents Congress's most comprehensive,
bipartisan counter-UAS undertaking to date and makes
significant progress towards protecting the flying public and
critical sites on the ground from credible UAS threats.
Hearings
For the purposes of rule XIII, clause 3(c)(6)(A) of the
118th Congress the following hearing was used to develop or
consider H.R. 8610:
On Thursday, March 30, 2023, the Subcommittee on Aviation
held a hearing entitled, ``FAA Reauthorization: Harnessing the
Evolution of Flight to Deliver for the American People.'' At
the hearing, Members received testimony from two panels of
witnesses. The first panel was comprised of Mr. Adam Woodworth,
Chief Executive Officer, Wing; Dr. Catherine Cahill, Ph.D.,
Director, Alaska Center for UAS Integration, University of
Alaska Fairbanks; Ms. Roxana Kennedy, Chief of Police, Chula
Vista Police Department; and Dr. Stuart Ginn, M.D., Medical
Director for WakeMed Health and Hospitals. This panel focused
on the certification, operations, and safe integration of new
entrants into the NAS in advance of Congress acting to
reauthorize the FAA's statutory authorities. Members heard from
stakeholders within the healthcare, law enforcement, consumer
delivery, and test and evaluation industries and discussed
potential legislative solutions for safely integrating UAS into
the NAS and expanding counter-UAS authorities.
Legislative History and Consideration
H.R. 8610, the ``Counter-UAS Authority Security, Safety,
and Reauthorization Act'', was introduced in the United States
House of Representatives on June 4, 2024, by Rep. Mark Green
(R-TN-07), Rep. Bennie Thompson (D-MS-02), Rep. Sam Graves (R-
MO-06), Rep. Rick Larsen (D-WA-02), and Rep. Jerrold Nadler (D-
NY-12) and referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on the
Judiciary and the Committee on Homeland Security. Within the
Committee on Transportation and Infrastructure, H.R. 8610 was
referred to the Subcommittee on Aviation. The Subcommittee on
Aviation was discharged from further consideration of H.R. 8610
on September 18, 2024.
The Committee considered H.R. 8610 on September 18, 2024,
and ordered the measure to be reported to the House with a
favorable recommendation, with amendment, by voice vote.
The following amendments were offered:
An en bloc Amendment to H.R. 8610, offered by Chairman
Graves, including a manager's amendment offered by Chairman
Graves and an amendment offered by Mr. Van Drew of New Jersey
(Van Drew REVISION 2): Page 18, line 7, strike ``2028'' and
insert ``2029''. Page 28, beginning on line 24, strike ``The
Administrator'' and insert ``Not later than 270 days after the
date of enactment of the Counter-UAS Authority Security,
Safety, and Reauthorization Act, the Administrator''. Page 31,
after line 8, insert the following: ``Rule of Construction.--
Nothing in paragraph (1) shall require the Administrator to
conduct a rulemaking in publishing minimum performance
requirements under such paragraph''. Page 40, line 17, strike
``2028'' and insert ``2029''. Page 41, line 15, insert ``not
later than 180 days after the establishment of the list of
approved makes and models of counter-UAS detection systems,
equipment, and technology,'' before ``shall establish''. Page
45, line 2, strike ``or section 6'' and insert ``section 6, or
section 7''. Page 46, line 6, strike ``2028'' and insert
``2029''. Page 46, strike lines 8 through 12 and insert the
following: ``Rules of Construction.--(A) Safety and
Efficiency.--Nothing in this section or section 6 shall be
construed to limit or restrict the Administrator of the Federal
Aviation Administration from ensuring the safety and efficiency
of the national airspace system. (B) Preclusion.--Nothing in
this section or section 7 shall be construed to preclude a
covered entity from acquiring and operating an approved
counter-UAS detection system, equipment, or technology without
an authorization if the lawful operation of such system,
equipment, or technology does not--(i) require the relief
provided under subsection (f); and (ii) adversely impact the
safe operation of the national airspace system''. Page 47, line
14, strike ``STATE''. Page 47, beginning on line 23, strike
``at not more than 5 covered sites''. Page 47, line 25, strike
``such''. Page 48, line 2, insert ``and covered local'' after
``State''. Page 48, line 15, insert ``or covered local'' after
``State''. Page 49, line 19, insert ``or covered local'' after
``State''. Page 50, after line 2, insert the following (and
redesignate the subsequent subparagraph accordingly): ``Proof
that the airspace above such covered site is restricted by a
temporary flight restriction, a determination under section
2209 of the FAA Extension, Safety, and Security Act of 2016 (49
U.S.C. 44802 note), or any other similar restriction determined
appropriate by the Secretary''. Page 50, line 8, insert ``or
covered local'' after ``State''. Page 51, line 7, insert ``or
covered local'' after ``State''. Page 51, line 18, insert ``or
covered local'' after ``State''. Page 52, line 5, insert ``or
covered local'' after ``State''. Mitigation systems, equipment,
or technology are deployed for use by State or covered local
law enforcement agencies participating in the pilot program
established under subsection (a), the Secretary, in
coordination with the Administrator and the Attorney General,
shall review the preliminary results of such pilot program and,
if appropriate, take such actions as may be necessary to revise
or expand, subject to the availability of trained personnel,
the number of law enforcement agencies permitted to participate
in the program by 10. Page 55, line 16, strike ``2028'' and
insert ``2029''. Page 55, strike lines 17 through 19 and insert
the following: ``Definitions.--In this section: (1) Approved
Counter-UAS Detection System.--The term `approved counter-UAS
detection system' means a counter-UAS detection''. Page 55,
after line 24, insert the following: ``Covered Local Law
Enforcement Agency.--The term `covered local law enforcement
agency' means a local law enforcement agency that has
jurisdiction over an area containing a population of at least
650,000 people''. Page 58, line 25, insert ``including the
exclusive bargaining representative of air traffic controllers
certified under section 7111 of title 5, United States Code,''
before ``as appropriate''. Page 63, beginning on line 6, strike
``air traffic personnel'' and insert ``including the exclusive
bargaining representative of air traffic controllers certified
under section 7111 of title 5, United States Code''. Page 64,
after line 17, insert the following (and redesignate the
subsequent subsection accordingly): ``Restriction.--No Federal
agency may require an airport operator to procure, acquire,
deploy, or operate an approved counter-UAS detection system,
equipment, or technology, or approved counter-UAS mitigation
system, equipment, or technology for or on behalf of the
Federal agency''. ``Previously Acquired Counter-UAS Systems.--
If the Administrator finds that an airport acquired and
operated a counter-UAS detection system, equipment, or
technology prior to the date of enactment of this Act, the
Administrator may authorize the use of such system, equipment,
or technology under this subsection if--(1) such system,
equipment, or technology meets the minimum performance
requirements issued pursuant to section 44810(e) of title 49,
United States Code; and (2) such airport agrees to such terms
and conditions as the Administrator may prescribe under this
subsection''. Page 52, line 18, insert ``or covered local''
after ``State''. Page 53, line 10, insert ``or covered local''
after ``State''. Page 54, line 14, insert ``including any
airport that is located near the covered site''. Page 54,
strike line 21 and all that follows through page 55, line 7,
and insert the following: ``Program Size, Review, and
Expansion.--(A) Initial Size.--The program established under
subsection (a) may include not more than 5 State or covered
local law enforcement agencies. (B) Restriction.--No State or
covered local law enforcement agency participating in the pilot
program established under subsection (a) may operate approved
counter-UAS mitigation systems, equipment, or technology at
more than 4 covered sites. (C) Review and Expansion.--Not later
than 18 months after approved counter-UAS Mitigation systems,
equipment, or technology are deployed for use by State or
covered local law enforcement agencies participating in the
pilot program established under subsection (a), the Secretary,
in coordination with the Administrator and the Attorney
General, shall review the preliminary results of such pilot
program and, if appropriate, take such actions as may be
necessary to revise or expand, subject to the availability of
trained personnel, the number of law enforcement agencies
permitted to participate in the program by 10. Page 55, line
16, strike 2028 and insert 2029. Page 55, strike lines 17
through 19 and insert the following: (j) Definitions.--In this
section: (1) Approved counter-UAS detection system.--The term
approved counter-UAS detection system means a counter-UAS
detection. Page 55, after line 24, insert the following: (2)
Covered local law enforcement agency.--The term covered local
law enforcement agency means a local law enforcement agency
that Has jurisdiction over an area containing a population of
at least 650,000 people. Page 58, line 25, insert including the
exclusive bargaining representative of air traffic controllers
certified under section 7111 of title 5, United States Code,
before as appropriate. Page 63, beginning on line 6, strike air
traffic personnel and insert including the exclusive bargaining
representative of air traffic controllers certified under
section 7111 of title 5, United States Code. Page 64, after
line 17, insert the following (and redesignate the subsequent
subsection accordingly): (e) Restriction.--No Federal agency
may require an airport operator to procure, acquire, deploy, or
operate an approved counter-UAS detection system, equipment, or
technology, or approved counter-UAS mitigation system,
equipment, or technology for or on behalf of the Federal
agency. (f) Previously Acquired Counter-UAS Systems.--If the
Administrator finds that an airport acquired and operated a
counter-UAS detection system, equipment, or technology prior to
the date of enactment of this Act, the Administrator may
authorize the use of Such system, equipment, or technology
under this subsection if--(1) such system, equipment, or
technology meets the minimum performance requirements issued
pursuant to section 44810(e) of title 49, United States Code;
and (2) such airport agrees to such terms and conditions as the
Administrator may prescribe under this subsection.; and Strike
page 3, line 19 through 21 and insert the following: (A) a
fixed site facility related to--(i) critical infrastructure,
such as energy production, transmission, distribution
facilities and equipment, and railroad facilities; (ii) oil
refineries and chemical facilities; (iii) amusement parks; or
(iv) State prisons; was AGREED TO, en bloc, by voice vote.
An Amendment to H.R. 8610, offered by Mr. Bean of Florida
(Bean 042): Page 47, line 23, insert ``State law enforcement
agency'' before ``pilot program''. Page 47, beginning on line
23, strike ``not more than 5 covered sites'' and insert
``covered sites in not more than 5 State law enforcement agency
jurisdictions''. Page 54, line 24, strike ``covered sites'' and
insert ``State law enforcement agency jurisdictions''. Page 55,
line 6, strike ``covered sites'' and insert ``State law
enforcement agency jurisdictions''.; was WITHDRAWN.
An Amendment to H.R. 8610, offered by Mr. Williams of New
York (Williams 064): Strike section 6 and insert the following:
SEC. 6. PILOT PROGRAM FOR STATE, LOCAL, TRIBAL, AND TERRITORIAL
LAW ENFORCEMENT. (a) IN GENERAL.--The Secretary of Homeland
Security and the Attorney General may carry out a pilot program
to evaluate the potential benefits of State, local, Tribal, and
territorial law enforcement agencies taking actions that are
necessary to mitigate a credible threat (as defined by the
Secretary and the Attorney General, in consultation with the
Secretary of Transportation, acting through the Administrator
of the Federal Aviation Administration) that an unmanned
aircraft system or unmanned aircraft poses to the safety or
security of a covered facility or asset. (b) DESIGNATION.--(1)
IN GENERAL.--The Secretary of Homeland Security or the Attorney
General, with the concurrence of the Secretary of
Transportation (acting through the Administrator of the Federal
Aviation Administration), may, under the pilot program
established under subsection (a), 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 subsection (d) under the direct
oversight of the Department or the Department of Justice. (2)
DESIGNATION PROCESS.--(A) NUMBER OF AGENCIES AND DURATION.--On
and after the date that is 180 days after the date of enactment
of this Act, the Secretary and the Attorney General, pursuant
to paragraph (1), may designate a combined total of 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. (B) REVOCATION.--The
Secretary and the Attorney General, in consultation with the
Secretary of Transportation (acting through the Administrator
of the Federal Aviation Administration)--(i) may revoke a
designation under paragraph (1) if the Secretary, Attorney
General, and Secretary of Transportation (acting through the
Administrator of the Federal Aviation Administration) concur in
the revocation; and (ii) shall revoke a designation under
paragraph (1) if the Secretary, the Attorney General, or the
Secretary of Transportation (acting through the Administrator
of the Federal Aviation Administration) withdraws concurrence.
(c) TERMINATION OF PILOT PROGRAM.--(1) DESIGNATION.--The
authority to designate an agency for inclusion in the pilot
program established under this section shall terminate 5 years
after the date that is 180 days after the date of enactment of
this Act. (2) AUTHORITY OF PILOT PROGRAM AGENCIES.--The
authority of an agency designated under the pilot program
established under this section 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 this Act, or upon revocation subsection
(b)(2)(B). (d) 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 subsection (b) may authorize personnel
with assigned duties that include the safety, security, or
protection of people, facilities, or assets that are necessary
to detect, identify, monitor, track, or mitigate a credible
threat (as defined by the Secretary and the Attorney General,
in consultation with the Secretary of Transportation, acting
through the Administrator of the Federal Aviation
Administration) that an unmanned aircraft system or unmanned
aircraft poses to the safety or security of a covered facility
or asset. (e) EXEMPTION.--(1) IN GENERAL.--Subject to paragraph
(2), 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 subsection (b), 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.)
and may establish conditions or requirements for such
exemption. (2) 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
paragraph (1) 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--(A) is necessary to
achieve the purposes of this section; and (B) will serve the
public interest. (3) REVOCATION.--Any exemption granted under
paragraph (1) shall terminate automatically if the designation
granted to the law enforcement agency under subsection (b)(1)
is revoked by the Secretary or the Attorney General under
subsection (b)(2)(B) or is terminated under subsection (c)(2).
(f) REPORTING.--Not later than 2 years after the date on which
the first law enforcement agency is designated under subsection
(b), 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 subsection (d), 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. (g)
RESTRICTIONS.--Any entity acting pursuant to the authorities
granted under this section--(1) may do so only using equipment
authorized by the Department, in coordination with the
Department of Justice, the Federal Communications Commission,
the National Telecommunications and Information Administration,
and the Department of Transportation (acting through the
Federal Aviation Administration); (2) shall ensure that all
personnel undertaking any actions listed under this section 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 (3) shall comply with any
additional guidance relating to compliance with this section
issued by the Secretary or Attorney General. (h) DEFINITIONS.--
In this section: (1) The term ``appropriate committees of
Congress'' means--(A) the Committee on Homeland Security and
Governmental Affairs, the Committee on Commerce, Science, and
Transportation, and the Committee on the Judiciary of the
Senate; and (B) the Committee on Homeland Security, the
Committee on Transportation and Infrastructure, the Committee
on Oversight and Accountability, the Committee on Energy and
Commerce, and the Committee on the Judiciary of the House of
Representatives. (2) 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 of Homeland
Security 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 (b) operates after review and approval of the
Secretary or the Attorney General, in coordination with the
Secretary of Transportation with respect to potentially
impacted airspace, through a risk-based assessment for purposes
of this section (except that in the case of the missions
described in clauses (i)(II) and (iii)(I) of subparagraph (C),
such missions shall be presumed to be for the protection of a
facility or asset that is assessed to be high-risk and a
potential target for unlawful unmanned aircraft or unmanned
aircraft system activity); (B) is located in the United States;
and (C) directly relates to 1 or more--(i) missions authorized
to be performed by the Department, consistent with governing
statutes, regulations, and orders issued by the Secretary,
pertaining to--(I) security or protection functions of U.S.
Customs and Border Protection, including securing or protecting
facilities, aircraft, and vessels, whether moored or underway;
(II) United States Secret Service protection operations
pursuant to sections 3056(a) and 3056A(a) of title 18, United
States Code, and the Presidential Protection Assistance Act of
1976 (18 U.S.C. 3056 note); (III) protection of facilities
pursuant to section 1315(a) of title 40, United States Code;
(IV) transportation security functions of the Transportation
Security Administration; or (V) the security or protection
functions for facilities, assets, and operations of Homeland
Security Investigations; (ii) missions authorized to be
performed by the Department of Justice, consistent with
governing statutes, regulations, and orders issued by the
Attorney General, pertaining to--(I) personal protection
operations by--(aa) the Federal Bureau of Investigation as
specified in section 533 of title 28, United States Code; or
(bb) the United States Marshals Service as specified in section
566 of title 28, United States Code; (II) protection of penal,
detention, and correctional facilities and operations conducted
by the Federal Bureau of Prisons and prisoner operations and
transport conducted by the United States Marshals Service;
(III) protection of the buildings and grounds leased, owned, or
operated by or for the Department of Justice, and the provision
of security for Federal courts, as specified in section 566 of
title 28, United States Code; or (IV) protection of an airport
or air navigation facility; (iii) missions authorized to be
performed by the Department or the Department of Justice,
acting together or separately, consistent with governing
statutes, regulations, and orders issued by the Secretary or
the Attorney General, respectively, pertaining to--(I)
protection of National Special Security Events and Special
Event Assessment Rating events; (II) the provision of support
to a State, local, Tribal, or territorial law enforcement
agency, upon request of the chief executive officer of the
State or territory, to ensure protection of people and property
at mass gatherings, that is limited to a specified duration and
location, within available resources, and without delegating
any authority under this section to State, local, Tribal, or
territorial law enforcement; (III) protection of an active
Federal law enforcement investigation, emergency response, or
security function. (v) responsibilities of State, local,
Tribal, and territorial law enforcement agencies designated
pursuant to subsection (b) pertaining to--(I) protection of
National Special Security Events and Special Event Assessment
Rating events or other mass gatherings in the jurisdiction of
the State, local, Tribal, or territorial law enforcement
agency; (II) protection of critical infrastructure facilities
and assets within the jurisdiction; or (III) support of
security or protection operations for facilities and assets
upon the request of the Department of Homeland Security or the
Department of Justice. (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. (3) 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)). (4) The term ``risk-based assessment''
means an evaluation of threat information specific to a covered
facility or asset and, with respect to potential
vulnerabilities and consequences of a potential attack or
disruption. 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 of Homeland Security 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. (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. (C) 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. (D) 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. (E) The setting, character, duration, and national
airspace system impacts of National Special Security Events and
Special Event Assessment Rating events, to the extent not
already discussed in the National Special Security Event and
Special Event Assessment Rating nomination process. (F)
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. (G) Civil
rights and civil liberties guaranteed by the First and Fourth
Amendments to the Constitution of the United States. (5) The
terms ``unmanned aircraft'' and ``unmanned aircraft system''
have the meanings given those terms in section 44801 of title
49, United States Code.; was WITHDRAWN.
An Amendment to H.R. 8610, offered by Mr. Williams of New
York (Williams 065): Page 3, line 14, strike ``and''. Page 3,
line 16, strike ``gathering.'' and insert ``gathering; and''.
Page 3, after line 16 insert the following: ``(C) a specified
law enforcement agency.'' Page 4, after line 4 insert the
following: ``(5) SPECIFIED LAW ENFORCEMENT AGENCY.--The term
`specified law enforcement agency' means a Federal, State,
local, territorial, or Tribal law enforcement agency authorized
to engage in or supervise the prevention, detection,
investigation, or prosecution of any violation of criminal law,
including a publicly-operated State correctional facility.'';
was WITHDRAWN.
An Amendment to H.R. 8610, offered by Mr. Williams of New
York (Williams 066): Page 2, after line 19 insert the following
(and redesignate subsequent paragraphs accordingly): ``(2)
CORRECTIONAL FACILITY.--The term `correctional facility' means
any jail, prison, or other penal or detention facility operated
by a State, local, Tribal, or territorial law enforcement
agency, the primary use of which is for the confinement of an
individual who has been arrested, detained, held, or charged
with or convicted of a criminal offense.'' Page 3, line 24,
strike ``or''. Page 4, line 4, strike the period and insert ``;
or''. Page 4, after line 4 insert the following: ``(D) a
correctional facility.''; was WITHDRAWN.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
No recorded votes were requested.
Committee Oversight Findings and Recommendations
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
Performance Goals And Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
provide to reauthorize and reform counter-unmanned aircraft
system authorities, to improve transparency, security, safety,
and accountability related to such authorities, and for other
purposes.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 8610 establishes or reauthorizes a program of the
Federal government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 8610 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the definition of Section
5(b) of the appendix to Title 5, United States Code, are
created by this legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section. 1. Short title; table of contents
This section contains the bill's short title, the Counter-
UAS Authority Security, Safety, and Reauthorization Act, and
table of contents.
Sec. 2. Definitions
This section contains definitions for several terms used
throughout the bill, including ``covered site'', ``covered
entity'', and ``covered airport''.
Sec. 3. Protection of certain facilities and assets from unmanned
aircraft systems
This section amends section 210G of the Homeland Security
Act of 2002 to reauthorize, reform, and reasonably expand the
counter-UAS authorities of DHS and DOJ. This section extends
these existing authorities through October 1, 2029. This
section also clarifies and improves coordination requirements
between DHS, DOJ, DOT, and the FAA.
Additionally, this section increases Americans' privacy and
civil liberty protections by ensuring that information gathered
by approved counter-UAS systems is not misused or retained for
extended periods of time. This section provides Homeland
Security Investigations, the principle investigative component
of DHS, with counter-UAS authority. Under this section, DHS is
provided with counter-UAS authority to protect public airports.
This section also requires DHS, in coordination with DOJ
and FAA, to maintain a list of approved models of counter-UAS
detection and mitigation systems, equipment, and technology
that have been approved after evaluation for adverse aviation
safety and spectrum impacts. In maintaining such a list, DHS
and DOJ are required to establish standards for counter-UAS
system training programs as well as operator qualifications for
the use of counter-UAS detection and mitigation systems,
equipment, or technology. Further, this section prohibits DHS
and DOJ from using or authorizing the use of counter-UAS
systems manufactured by certain foreign enterprises. Lastly,
this section improves reporting requirements on counter-UAS
activities conducted by the authorized Federal agencies.
Sec. 4. FAA counter-UAS activities
This section generally amends section 44810 of title 49,
United States Code, to reauthorize and expand counter-UAS
authorities and activities of the FAA. This counter-UAS
authority, which sunsets on October 1, 2029, to ensure the safe
and efficient operation of the NAS. Additionally, this section
establishes an Office of Counter-UAS Activities to carry out
the counter-UAS activities of the FAA, including managing the
coordination requirements with other Federal agencies and
eligible entities.
This section also requires the FAA to establish minimum
performance requirements within 180 days of enactment for
counter-UAS systems used by Federal agencies and other entities
to ensure aviation safety. It also establishes privacy
protections related to the use of counter-UAS systems. Lastly,
this section prohibits the FAA from using or authorizing the
use of counter-UAS systems by certain foreign enterprises.
Sec. 5. Additional limited authority for detection, identification,
monitoring, and tracking
This section allows DHS, in coordination with the FAA and
DOJ, to authorize and establish an application process for the
acquisition, deployment, and operation of counter-UAS systems
that require title 18 relief by owners or operators of covered
sites, including critical infrastructure. This section also
requires a process to ensure that the approved acquirer of such
systems enters into an agreement with a Federal, state, local,
territorial, or tribal state law enforcement agency to operate
their counter-UAS system. Section 5 also permits certain
entities that previously acquired or operated counter-UAS
systems prior to the enactment of this bill to continue to do
so if certain conditions are met. The section also requires the
DOT, DOJ and DHS inspector generals to conduct periodic audits
of the activities required under this section, and to report
any findings and recommendations to Congress. This authority
sunsets on October 1, 2029.
Sec. 6. Counter-UAS mitigation state law enforcement pilot program
This section requires DHS, in coordination with the FAA and
DOJ, to establish a counter-UAS mitigation pilot program under
which five selected state or covered local law enforcement
agencies may operate approved counter-UAS mitigation systems
and mitigate unauthorized UAS operations on behalf of covered
entities at up to four covered sites each. If the result of the
pilot program are determined successful, DHS may increase the
number of law enforcement agencies in the pilot program by 10,
each of which may operate at four covered sites as well. To
participate in this pilot program, eligible entities must
comply with certain safety requirements and conduct pre-
deployment activities. This authority sunsets on October 1,
2029.
Sec. 7. Counter-UAS system planning and deployment at airports
This section requires the FAA, in coordination with DHS and
DOJ, to develop a plan for counter-UAS operations at covered
airports. This section also requires the FAA, in coordination
with DHS and DOJ, to deploy counter-UAS detection systems at
each large and medium hub airport, as well as at least three
cargo mega hub airports. Additionally, this section requires
DHS and FAA to jointly establish a counter-UAS mitigation pilot
program at up to five Core 30 airports to assess the
feasibility of mitigating UAS within the airport environment.
This section prevents a Federal agency from requiring an
airport to procure, acquire, deploy, or operate an approved
counter-UAS detection or mitigation system for or on behalf of
the federal agency. Furthermore, the section permits airport
operators that previously acquired or operated counter-UAS
systems prior to the enactment of this bill to continue to do
so if certain conditions are met. Finally, this section
authorizes DHS and the FAA to deploy and operate counter-UAS
systems at public airports on an emergency basis to respond to
persistent disruptions of air traffic operations.
Sec. 8. UAS detection and mitigation enforcement authority
This section prohibits non-Federal operators of counter-UAS
systems from operating such systems in a manner that adversely
impacts aviation safety. This section also provides the FAA
with the authority to enforce such prohibition through civil
penalties.
Sec. 9. Reporting on counter-UAS activities
This section requires DHS, DOJ, and FAA to issue an annual
report on their counter-UAS detection and mitigation
activities, including the number of detections and mitigations
conducted, descriptions of UAS operator noncompliance events,
and how such detections and mitigations were conducted.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, 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)] (as defined by the Secretary and
the Attorney General, in coordination 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 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, 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] Seize,
exercise control of, or otherwise confiscate
the unmanned aircraft system or unmanned
aircraft.
[(E) Seize or otherwise confiscate the
unmanned aircraft system or unmanned aircraft.]
[(F)] (E) 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.]
(2) Coordination.--
(A) In general.--The Secretary and the
Attorney General shall coordinate with the
Secretary of Transportation in carrying out the
actions described in paragraph (1).
(B) Determination by administrator of federal
aviation administration.--Before the Secretary
and the Attorney General may take or authorize
the taking of an action under this section, the
Administrator of the Federal Aviation
Administration shall determine if such action
would result in an adverse impact on aviation
safety, civil aviation and aerospace
operations, aircraft airworthiness, or the use
of the national airspace system. If the
Administration determines such action would not
result in such an adverse impact, the Secretary
and the Attorney General may take or authorize
the taking of such action. If the Administrator
determines such action would result in such an
adverse impact, the Secretary and the Attorney
General shall coordinate with the Administrator
to take any necessary action to ensure that
such an adverse impact can be sufficiently
mitigated.
(3) Research, testing, training, and evaluation.--
(A) In general.--The Secretary, the Attorney
General, and the Secretary of Transportation
may conduct research on, testing on, training
on, and evaluation of equipment, including
electronic equipment, and technology to
determine the capability and utility of such
equipment or technology for any action
described in paragraph (1), including prior to
the initial use of such equipment or
technology.
(B) Coordination.--The Secretary, the
Attorney General, and the Secretary of
Transportation shall coordinate activities
under this paragraph and mutually share data
and results from such activities.
(4) List of authorized equipment and technologies.--
(A) List.--Not later than 1 year after the
date of enactment of the Counter-UAS Authority
Security, Safety, and Reauthorization Act, the
Secretary, in coordination with the Attorney
General and the Administrator of the Federal
Aviation Administration, shall maintain a list
of approved makes and models of counter-UAS
detection and mitigation systems, equipment,
and technology. Such list shall include the
following:
(i) A description of the specific
detection or mitigation functions of
each such system, equipment, or
technology that enable each such
system, equipment, or technology to
carry out an action described in
paragraph (1).
(ii) Whether each such system,
equipment, or technology is authorized
for an action described in subparagraph
(A), (B), (C), or (D) of paragraph (1).
(iii) Any conditions or restrictions
generally applicable to the use,
location, or positioning of each such
system, equipment, or technology,
including whether and how each such
system, equipment, or technology may be
suitable for use in terminal airspace.
(B) Impact determination by administrator.--A
counter-UAS detection or mitigation system,
equipment, or technology may not be included on
the list maintained under subparagraph (A)
unless the Administrator of the Federal
Aviation Administration makes a written
determination that--
(i)(I) the system, equipment, or
technology meets any applicable minimum
performance requirements as described
in section 44810(e) of title 49, United
States Code; and
(II) the use of such system,
equipment, or technology does not
present an adverse impact on aviation
safety, civil aviation and aerospace
operations, aircraft airworthiness, or
the use of the national airspace
system; or
(ii) in the event the Administrator
identifies such an adverse impact from
such system, equipment, or technology,
such an adverse impact can be
sufficiently mitigated and the
mitigation activities are described in
the list maintained under subparagraph
(A) or in a manner determined by the
Administrator.
(C) Spectrum impact consultation.--The
Secretary, the Attorney General, and the
Administrator of the Federal Aviation
Administration shall consult with the Federal
Communications Commission or the Administrator
of the National Telecommunications and
Information Administration, as appropriate, to
determine whether the use of a counter-UAS
detection or mitigation system, equipment, or
technology on the list maintained under
subparagraph (A)--
(i) does not present an adverse
impact on civilian telecommunications,
communications spectrum, internet
technology, or radio communications
networks or systems; or
(ii) in the event that such an
adverse impact is identified, such
impact can be sufficiently mitigated,
or the system, equipment, or technology
is excluded from the list maintained
under subparagraph (A) until such an
adverse impact is sufficiently
mitigated.
(D) Limitation on inclusion of counter-uas
systems manufactured by certain foreign
enterprises.--
(i) Limitation.--The Secretary may
not include on the list maintained
under subparagraph (A) a counter-UAS
detection and mitigation systems,
equipment, and technology, manufactured
or developed by a covered manufacturer.
(ii) International agreements.--This
subsection shall be applied in a manner
consistent with the obligations of the
United States under international
agreements in effect as of the date of
enactment of the Counter-UAS Authority
Security, Safety, and Reauthorization
Act.
(iii) Authorized utilization.--Upon
the inclusion of a counter-UAS
detection or mitigation system,
equipment, or technology on the list
maintained under subparagraph (A), the
Secretary and the Attorney General may
utilize such system, equipment, or
technology for any action described in
paragraph (1).
(iv) Exception.--The Secretary of
Homeland Security is exempt from the
limitation under this subsection if the
Secretary determines that the operation
or procurement of such system is for
the sole purpose of research,
evaluation, training, testing, or
analysis.
(v) Definitions.--In this
subparagraph:
(I) Covered manufacturer.--
The term ``covered
manufacturer'' means an entity
that is owned by, controlled
by, is a subsidiary of, or is
otherwise related legally or
financially to, a person based
in a country that--
(aa) is identified as
a nonmarket economy
country (as defined in
section 771 of the
Tariff Act of 1930 (19
U.S.C. 1677)) as of the
date of enactment of
the Counter-UAS
Authority Security,
Safety, and
Reauthorization Act;
(bb) was identified
by the United States
Trade Representative in
the most recent report
required under section
182 of the Trade Act of
1974 (19 U.S.C. 2242)
as a priority foreign
country under
subsection (a)(2) of
such section; and
(cc) is subject to
monitoring by the
United States Trade
Representative under
section 306 of the
Trade Act of 1974 (19
U.S.C. 2416).
(II) Otherwise related
legally or financially.--The
term ``otherwise related
legally or financially'' does
not include a minority stake
relationship or investment.
(E) Rule of construction.--Nothing in this
paragraph may be construed to prevent the
Secretary, the Attorney General, or the
Administrator of the Federal Aviation
Administration from exercising any authority to
counter unmanned aircraft systems in effect
prior to the date of enactment of the Counter-
UAS Authority Security, Safety, and
Reauthorization Act.
(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.]
(2) Coordination.--The Secretary, the Secretary of
Transportation, and the Attorney General shall
coordinate to develop their respective regulations and
guidance under paragraph (1) before issuing any such
regulation or guidance.
(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;]
(3) records of such communications are disposed of
immediately following an action described in subsection
(b)(1) to mitigate a credible threat referred to in
subsection (a), except that if the Secretary or the
Attorney General determines that maintenance of such
records is necessary to investigate or prosecute a
violation of law is required by Federal law or for the
purpose of litigation, such records may be maintained
for not more than 90 days;
(4) such communications [are not disclosed outside
the Department of Homeland Security or the Department
of Justice unless] are not shared outside of personnel
of the department in possession of such communications,
except if 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,] the Secretary, the Attorney
General, and the Secretary of Transportation shall
jointly 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.]
(2) Content.--Each briefing required under paragraph
(1) shall include the following:
(A) The number of instances and a description
of each instance in which actions described in
subsection (b)(1) have been taken, including
all such instances that--
(i) equipment, system, or technology
disrupted the transmission of radio or
electronic signals, including and
disaggregated by whether any such
disruption was minimized;
(ii) may have resulted in harm,
damage, or loss to a person or to
private property, including and
disaggregated by whether any such harm,
damage, or loss was minimized;
(iii) resulted in successful seizure,
exercise of control, or confiscation
under subsection (b)(1)(D); or
(iv) required the use of reasonable
force under subsection (b)(1)(E).
(B) The frequency and nature of instances in
which communications were intercepted or
acquired during the course of actions described
in subsection (b)(1), including the following:
(i) The approximate number and nature
of incriminating communications
intercepted.
(ii) The approximate number and
nature of other communications
intercepted.
(C) The total number of instances in which
records of communications intercepted or
acquired during the course of actions described
in subsection (b)(1) were--
(i) shared with the Department of
Justice or another Federal law
enforcement agency, including a list of
receiving Federal law enforcement
agencies; or
(ii) maintained for more than 90
days.
(D) The number of instances and a description
of each instance in which the Secretary,
Secretary of Transportation, or the Attorney
General have engaged with Federal, State, or
local law enforcement agencies to implement the
authority under this section, including the
number of instances that resulted in a criminal
investigation or litigation.
(E) Information on the on the implementation
of paragraphs (3) and (4)(A) of subsection (b),
including regarding equipment or technology,
including electronic equipment to address
emerging trends and changes in unmanned
aircraft system or unmanned aircraft system-
related security threats.
[(4)] (3) Unclassified form.--Each briefing required
under paragraph (1) shall be in unclassified form, but
may be accompanied by an additional classified
briefing.
[(5)] (4) Notification.--Within 30 days of deploying
any [new technology] counter-UAS detection and
mitigation system, equipment, or technology approved
under subsection (b)(4) to carry out the actions
described in subsection (b)(1), [the Secretary and the
Attorney General shall, respectively,] the Secretary,
in coordination with the Secretary of Transportation
and the Attorney General, shall 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] to the safety and operation
of 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 October 1, 2024.]
(i) Termination.--The authority under this section shall
terminate on October 1, 2029.
(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] the Secretary, in coordination
with the Secretary of Transportation and the
Attorney General, 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;
(IV) the security or
protection functions for
facilities, assets, and
operations of Homeland Security
Investigations; or
(V) the security and
protection of public airports
(as such term is defined in
section 47102 of title 49,
United States Code) under
section 7 of the Counter-UAS
Authority Security, Safety, and
Reauthorization Act;
(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]
paragraph (2) or (3) of
section 533 of title
28, United States Code,
and that is limited to
a specified period of
time and location; 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, and that
is limited to a
specified period of
time and location;
(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] pursuant to 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)] purposes of
subsection (a) and paragraph (4) of subsection (e), 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],
efficiency, and operation 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,] the Secretary, in coordination with the
Secretary of Transportation and the Attorney General,
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.]
(l) Annual Report.--Not later than 1 year after the date of
enactment of the Counter-UAS Authority Security, Safety, and
Reauthorization Act, and annually thereafter, the Secretary, in
coordination with the Secretary of Transportation and the
Attorney General, shall submit to the appropriate congressional
committees a report that contains the following:
(1) The information required under subsection (g)(2).
(2) A description of any guidance, policies,
programs, and procedures to mitigate or eliminate any
adverse impact of the activities carried out pursuant
to this section, or the use of any counter-UAS
detection or mitigation system, equipment, or
technology, on aviation safety, civil aviation and
aerospace operations, aircraft airworthiness, or the
use of the national airspace system.
(3) A description of the guidance, policies,
programs, and procedures established to address
privacy, civil rights, and civil liberties issues
implicated by the activities carried out pursuant to
this section.
(m) Counter-UAS System Training.--The Attorney General, in
coordination with the Secretary of Homeland Security (acting
through the Director of the Federal Law Enforcement Training
Centers) may--
(1) provide training relating to measures to take the
actions described in subsection (b)(1); and
(2) establish or designate 1 or more facilities or
training centers for the purpose described in paragraph
(1).
(n) Counter-UAS Detection and Mitigation System Operator
Qualification and Training Criteria.--
(1) In general.--The Secretary and Attorney General,
in coordination with the Administrator of the Federal
Aviation Administration, shall establish standards for
initial and recurring training programs or
certifications for individuals seeking to operate
counter-UAS detection and mitigation systems,
equipment, or technology.
(2) Training criteria.--In carrying out paragraph
(1), the Secretary and the Attorney General shall, at a
minimum--
(A) consider the potential impacts of such
systems, equipment, or technology to aviation
safety, civil aviation and aerospace
operations, aircraft airworthiness, or the
civilian use of airspace, and appropriate
actions to maintain aviation safety, as
determined by the Administrator;
(B) establish interagency coordination
requirements prior to deployment of such
systems, equipment, or technology; and
(C) establish the frequency at which an
individual authorized to operate counter-UAS
detection and mitigation systems, equipment, or
technology shall complete and renew such
training or certification.
* * * * * * *
----------
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
* * * * * * *
PART A--AIR COMMERCE AND SAFETY
* * * * * * *
SUBPART iii--SAFETY
* * * * * * *
CHAPTER 448--UNMANNED AIRCRAFT SYSTEMS
Sec.
44801. Definitions.
* * * * * * *
[44810. Airport safety and airspace hazard mitigation and enforcement.]
44810. Counter-UAS activities.
* * * * * * *
44815. Unmanned aircraft system detection and mitigation enforcement.
* * * * * * *
[Sec. 44810. Airport safety and airspace hazard mitigation and
enforcement
[(a) Coordination.--The Administrator of the Federal Aviation
Administration shall work with the Secretary of Defense, the
Secretary of Homeland Security, and the heads of other relevant
Federal departments and agencies for the purpose of ensuring
that technologies or systems that are developed, tested, or
deployed by Federal departments and agencies to detect and
mitigate potential risks posed by errant or hostile unmanned
aircraft system operations do 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) Plan.--
[(1) In general.--The Administrator shall develop a
plan for the certification, permitting, authorizing, or
allowing of the deployment of technologies or systems
for the detection and mitigation of unmanned aircraft
systems.
[(2) Contents.--The plan shall provide for the
development of policies, procedures, or protocols that
will allow appropriate officials of the Federal
Aviation Administration to utilize such technologies or
systems to take steps to detect and mitigate potential
airspace safety risks posed by unmanned aircraft system
operations.
[(3) Aviation rulemaking committee.--The
Administrator shall charter an aviation rulemaking
committee to make recommendations for such a plan and
any standards that the Administrator determines may
need to be developed with respect to such technologies
or systems. The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to an aviation rulemaking
committee chartered under this paragraph.
[(4) Non-delegation.--The plan shall not delegate any
authority granted to the Administrator under this
section to other Federal, State, local, territorial, or
tribal agencies, or an airport sponsor, as defined in
section 47102 of title 49, United States Code.
[(c) Airspace Hazard Mitigation Program.--In order to test
and evaluate technologies or systems that detect and mitigate
potential aviation safety risks posed by unmanned aircraft, the
Administrator shall deploy such technologies or systems at 5
airports, including 1 airport that ranks in the top 10 of the
FAA's most recent Passenger Boarding Data, and any other
location the Administrator determines appropriate.
[(d) Authority.--Under the testing and evaluation in
subsection (c), the Administrator shall use unmanned aircraft
detection and mitigation systems to detect and mitigate the
unauthorized operation of an unmanned aircraft that poses a
risk to aviation safety.
[(e) Aip Funding Eligibility.--Upon the certification,
permitting, authorizing, or allowing of such technologies and
systems that have been successfully tested under this section,
an airport sponsor may apply for a grant under subchapter I of
chapter 471 to purchase an unmanned aircraft detection and
mitigation system. For purposes of this subsection, purchasing
an unmanned aircraft detection and mitigation system shall be
considered airport development (as defined in section 47102).
[(f) Briefing.--The Administrator shall annually brief the
appropriate committees of Congress, including the Committee on
Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate, on the implementation of this
section.
[(g) Applicability of Other Laws.--Section 46502 of this
title, section 32 of title 18, United States Code (commonly
known as the Aircraft Sabotage Act), section 1031 of title 18,
United States Code (commonly known as the Computer Fraud and
Abuse Act of 1986),1 sections 2510-2522 of title 18,
United States Code (commonly known as the Wiretap Act), and
sections 3121-3127 of title 18, United States Code (commonly
known as the Pen/Trap Statute), shall not apply to activities
authorized by the Administrator pursuant to subsection (c) and
(d).
[(h) Sunset.--This section ceases to be effective September
30, 2028.
[(i) Non-delegation.--The Administrator shall not delegate
any authority granted to the Administrator under this section
to other Federal, State, local, territorial, or tribal
agencies, or an airport sponsor, as defined in section 47102 of
title 49, United States Code. The Administrator may partner
with other Federal agencies under this section, subject to any
restrictions contained in such agencies' authority to operate
counter unmanned aircraft systems.]
Sec. 44810. Counter-UAS activities
(a) Authority.--
(1) In general.--The Administrator of the Federal
Aviation Administration may take such actions as
described in paragraph (2) that are necessary to--
(A) detect or mitigate a credible threat (as
defined by the Secretary of Homeland Security
and Attorney General, in consultation with the
Administrator) that an operation of an unmanned
aircraft or an unmanned aircraft system poses
to the safe and efficient operation of the
national airspace system; or
(B) test or evaluate the potential adverse
impacts or interference of a counter-UAS
detection or mitigation system, equipment, or
technology on or with safe airport operations,
aircraft navigation, air traffic services, or
the safe and efficient operation of the
national airspace system.
(2) Authorized actions.--In carrying out paragraph
(1), the Administrator may take the following actions:
(A) Detect, identify, monitor, and track an
unmanned aircraft system or unmanned aircraft,
without prior consent from the operator of such
system or aircraft, including by means of
intercept or other access of a wire, oral, or
electronic communication used to control the
unmanned aircraft system or unmanned aircraft.
(B) Contact or warn the operator of an
unmanned aircraft system of a potential
counter-UAS action authorized under this
subsection.
(C) Seize, exercise control of, or otherwise
confiscate an unmanned aircraft system or
unmanned aircraft.
(D) Disrupt control of, disable, damage, or
destroy an unmanned aircraft or unmanned
aircraft system, including by means of
intercept or other access of a wire, oral, or
electronic communication used to control the
unmanned aircraft or unmanned aircraft system.
(b) Applicability of Other Laws.--
(1) In general.--Section 46502 of this title or
sections 32, 1030, and 1367 and chapters 119 and 206 of
title 18 shall not apply to activities authorized by
the Administrator pursuant to this section.
(2) Privacy protection.--In implementing the
requirements of this section, the Administrator, in
coordination with the Attorney General and Secretary of
Homeland Security, shall ensure that--
(A) 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;
(B) communications to or from an unmanned
aircraft system are intercepted or acquired
only to the extent necessary to support an
action as described under subsection (a)(2);
(C) records of such communications are
disposed of immediately following herein
authorized activity to mitigate a credible
threat, unless the Administrator, the Secretary
of Homeland Security, or the Attorney General
determine that maintenance of such records--
(i) is necessary to investigate or
prosecute a violation of law;
(ii) would directly 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 (a)(2);
(iii) is between the Secretary of
Homeland Security and the Attorney
General in the course of a security or
protection operation of either agency
or a joint operation of such agencies;
or
(iv) is otherwise required by law;
and
(D) to the extent necessary, the Secretary of
Homeland Security and the Attorney General are
authorized to share threat information, which
shall not include communications described in
this subsection, with State, local,
territorial, or tribal law enforcement agencies
in the course of a security or protection
operation.
(c) Office of Counter-UAS Activities.--
(1) In general.--There is established within the
Federal Aviation Administration an Office of Counter-
UAS Activities for purposes of managing and directing
the counter-UAS activities of the Administration.
(2) Director.--The Administrator shall designate a
Director of Counter-UAS Activities, who shall be the
head of the Office.
(3) Duties.--In carrying out the activities described
in paragraph (1), the Director shall--
(A) coordinate with other offices of the
Administration to ensure that such activities
do not adversely impact aviation safety or the
efficiency of the national airspace system;
(B) lead the development and implementation
of counter-UAS activity strategic planning
within the Federal Aviation Administration; and
(C) serve as the Administration's primary
point of contact for coordinating counter-UAS
activities, including such activities of--
(i) Federal and State agencies;
(ii) covered airports; and
(iii) other relevant stakeholders;
and
(D) carry out other such counter-UAS
activities as the Administrator may prescribe.
(d) Interagency Coordination.--
(1) In general.--The Administrator shall coordinate
with the Secretary of Homeland Security and the
Attorney General to carry out this section, subject to
any restrictions of the Secretary or Attorney General's
authority to acquire, deploy, and operate counter-UAS
systems, equipment, or technology.
(2) Non-delegation.--Nothing under this section shall
permit the Administrator to delegate any authority
granted to the Administrator to any other Federal
agency.
(e) Counter-UAS Detection and Mitigation System Performance
Requirements.--
(1) In general.--Not later than 270 days after the
date of enactment of the Counter-UAS Authority
Security, Safety, and Reauthorization Act, the
Administrator, in coordination with the Secretary and
the Attorney General, shall establish minimum
performance requirements for the safe and reliable
deployment or use of counter-UAS detection and
mitigation systems, equipment, and technology within
the national airspace system.
(2) Considerations.--
(A) Aviation safety.--In establishing minimum
performance requirements under paragraph (1),
the Administrator shall--
(i) leverage data collected in
testing and evaluation activities
conducted under this section and any
other relevant testing and evaluation
data determined appropriate by the
Administrator;
(ii) determine the extent to which a
counter-UAS detection or mitigation
system, equipment, or technology can
safely operate without disrupting or
interfering with the operation of
aircraft or other national airspace
system users; and
(iii) establish specific requirements
for the deployment and use of such
systems, equipment, or technology in
terminal airspace.
(B) Efficacy.--In establishing minimum
performance requirements under subsection (a),
the Administrator shall consider criteria, as
determined by the Secretary of Homeland
Security, to determine the degree to which
counter-UAS detection and mitigation systems,
equipment, or technology reliable and effective
in detecting or mitigating unauthorized
unmanned aircraft system operations independent
of data or information provided by the system
manufacturer of such unmanned aircraft system.
(C) Other interference.--In establishing
minimum performance requirements under
subsection (a), the Administrator shall
consider criteria, as determined by the Federal
Communications Commission, to determine the
extent to which counter-UAS detection and
mitigation systems, equipment, or technology
can be safely operated without disrupting or
interfering with the operation of civilian
communications and information technology
networks and systems, including such networks
and systems that rely on radio frequency or
cellular network communications links.
(3) Demonstration.--The Administrator shall develop a
standardized process by which a manufacturer or end-
user of a counter-UAS detection or mitigation system,
equipment, or technology may demonstrate that such
system, equipment, or technology meets the requirements
established pursuant to paragraph (1), which may
include validation by an independent third party.
(4) Rule of construction.--Nothing in paragraph (1)
shall require the Administrator to conduct a rulemaking
in publishing minimum performance requirements under
such paragraph.
(f) Counter-UAS System Testing, Evaluation, and Validation.--
(1) Evaluation and validation.--The Administrator may
conduct such testing, evaluation, and validation of
counter-UAS detection and mitigation systems,
equipment, and technology as necessary to ensure--
(A) such systems, equipment, and technology
will not have an adverse impact on the safe and
efficient operation of the national airspace
system or transportation safety; and
(B) such systems, equipment, and technology
meet minimum performance requirements under
subsection (e).
(2) Testing and training.--Prior to the commencement
of any training or testing of counter-UAS systems,
equipment, and technology used for detection or
mitigation purposes, an agreement shall be established
between the testing or training entity and the
Administrator to ensure aviation safety.
(3) Airspace hazard mitigation program.--
(A) Testing program.--In order to test and
evaluate counter-UAS systems, equipment, or
technology that detect or mitigate potential
aviation safety risks posed by unmanned
aircraft, the Administrator shall deploy such
systems or technology at 5 airports, as
appropriate, and any other location the
Administrator determines appropriate.
(B) Testing and evaluation.--Notwithstanding
section 46502 or sections 32, 1030, 1367 and
chapters 119 and 206 of title 18, the
Administrator of the Federal Aviation
Administration may conduct testing and
evaluation of any counter-UAS detection or
mitigation system, equipment, or technology to
assess potential impacts on, or interference
with, safe airport operations, aircraft and air
traffic navigation, air traffic services, or
the safe and efficient operation of the
national airspace system.
(C) Coordination.--In carrying out this
paragraph, the Administrator shall coordinate
with the Secretary of Homeland Security and the
head of any other Federal agency that the
Administrator considers appropriate.
(g) Limitations on Operation of COUNTER-UAS Systems
Manufactured by Certain Foreign Enterprises.--
(1) Limitation.--Notwithstanding any other provision
of this section, the Administrator may not acquire,
deploy, or operate, or authorize the acquisition,
deployment, or operation of, a counter-UAS system or
any associated elements, including software,
manufactured or developed by a covered manufacturer.
(2) International agreements.--This subsection shall
be applied in a manner consistent with the obligations
of the United States under international agreements in
place on the date of enactment of the Counter-UAS
Authority Security, Safety, and Reauthorization Act.
(3) Exception.--The Secretary of Transportation is
exempt from the limitation under this subsection if the
Secretary determines that the operation or procurement
of such system supports the safe, secure, or efficient
operation of the national airspace system or
maintenance of public safety, including activities
carried out under the Federal Aviation Administration's
Alliance for System Safety of UAS through Research
Excellence Center of Excellence, FAA-authorized
unmanned aircraft systems test ranges, and any other
testing and evaluation activity deemed to support the
safe, secure, or efficient operation of the national
airspace system or maintenance of public safety, as
determined by the Secretary.
(4) Definitions.--In this subsection:
(A) Covered manufacturer.--The term ``covered
manufacturer'' means an entity that is owned
by, controlled by, is a subsidiary of, or is
otherwise related legally or financially to, a
person based in a country that--
(i) is identified as a nonmarket
economy country (as defined in section
771 of the Tariff Act of 1930 (19
U.S.C. 1677)) as of the date of
enactment of the Counter-UAS Authority
Security, Safety, and Reauthorization
Act;
(ii) was identified by the United
States Trade Representative in the most
recent report required by section 182
of the Trade Act of 1974 (19 U.S.C.
2242) as a priority foreign country
under subsection (a)(2) of that
section; and
(iii) is subject to monitoring by the
Trade Representative under section 306
of the Trade Act of 1974 (19 U.S.C.
2416).
(B) Otherwise related legally or
financially.--The term ``otherwise related
legally or financially'' does not include a
minority stake relationship or investment.
(h) Briefings.--
(1) Semiannual briefings and notifications.--
(A) In general.--The Administrator shall
provide the specified committees of Congress a
briefing not less than once every 6 months on
the activities carried out pursuant to this
section.
(B) Content.--Each briefing required under
this paragraph shall include--
(i) the number of instances and a
description of each instance in which
actions described in subsection (a)(2)
have been taken, including all such
instances that--
(I) equipment, systems, or
technology disrupted the
transmission of radio or
electronic signals, including
and disaggregated by whether
any such disruption was
minimized;
(II) may have resulted in
harm, damage, or loss to a
person or to private property,
including and disaggregated by
whether any such harm, damage,
or loss was minimized;
(III) resulted in the
successful seizure, exercise of
control, or confiscation under
subsection (a)(2); or
(IV) required the use of
reasonable force under
subsection (a)(2);
(ii) the frequency and nature of
instances in which communications were
intercepted or acquired during the
course of actions described in
subsection (a)(2), including--
(I) the approximate number
and nature of incriminating
communications intercepted;
(II) the approximate number
and nature of other
communications intercepted; and
(III) the total number of
instances in which records of
communications intercepted or
acquired during the course of
actions described in subsection
(a)(2) were--
(aa) shared with the
Department of Justice
or another Federal law
enforcement agency,
including a list of
receiving Federal law
enforcement agencies;
or
(bb) maintained for
more than 90 days;
(iii) the number of instances and a
description of each instance in which
Administrator of the Federal Aviation
Administration has engaged with
Federal, State, or local law
enforcement agencies to implement the
authority under this section, including
the number of instances that resulted
in a criminal investigation or
litigation; and
(iv) information on the actions
carried out under subparagraphs (C) and
(D) of subsection (a)(2), including
equipment or technology to address
emerging trends and changes in unmanned
aircraft system or unmanned aircraft
system-related security threats.
(C) Classification.--
(i) In general.--Each briefing
required under this subsection shall be
in an unclassified form, but shall be
accompanied by an additional classified
briefing at the request of the Chair or
Ranking Member of any specified
committee of Congress.
(ii) Content of briefings.--Such
briefings shall include, at a minimum--
(I) a description of
instances in which an active
mitigation action under this
section has been taken,
including all such instances
that may have resulted in harm,
damage, or loss to an
individual or to private
property; and
(II) a description of each
covered site, including the
capabilities of counter-UAS
systems used at such sites.
(2) Notification.--Beginning 180 days after the date
of enactment of the Counter-UAS Authority Security,
Safety, and Reauthorization Act, the Administrator
shall--
(A) notify the specified committees of
Congress of any newly authorized acquisition,
deployment, or operation of a counter-UAS
system, equipment or technology under this
section not later than 90 days after such newly
authorized acquisition, deployment, or
operation; and
(B) in providing a notification under
subparagraph (A), include a description of
options considered to mitigate any identified
impacts to the national airspace system related
to the use of any counter-UAS system,
technology, or equipment operated at a covered
site, including the minimization of the use of
any technology, equipment or system that
disrupts the transmission of radio or
electronic signals.
(i) Definitions.--In this section:
(1) Specified committees of congress.--The term
``specified committees of Congress'' means--
(A) the Committee on Transportation and
Infrastructure, the Committee on Homeland
Security, and the Committee on the Judiciary of
the House of Representatives; and
(B) the Committee on Commerce, Science, and
Transportation, the Committee on Homeland
Security and Governmental Affairs, and the
Committee on the Judiciary of the Senate.
(2) State.--The term ``State'' means a State, the
District of Columbia, and a territory or possession of
the United States.
(j) Sunset.--This section ceases to be effective on October
1, 2029.
* * * * * * *
Sec. 44815. Unmanned aircraft system detection and mitigation
enforcement
(a) Prohibition.--
(1) In general.--No person may carelessly or
recklessly operate a system, equipment, or technology
to detect, identify, monitor, track, or mitigate an
unmanned aircraft system or unmanned aircraft in a
manner that adversely impacts or interferes with safe
airport operations, navigation, or air traffic
services, or the safe and efficient operation of the
national airspace system.
(2) Actions by the administrator.--The Administrator
of the Federal Aviation Administration may take such
action as may be necessary to address the adverse
impacts or interference of operations that violate
paragraph (1).
(b) Rule of Construction.--The term ``person'' as used in
this section does not include--
(1) the Federal Government or any bureau, department,
instrumentality, or other agency of the Federal
Government; or
(2) an officer, employee, or contractor of the
Federal Government or any bureau, department,
instrumentality, or other agency of the Federal
Government if the officer, employee, or contractor is
authorized by the Federal Government or any bureau,
department, instrumentality, or other agency of the
Federal Government to operate a system or technology
referred to in subsection (a)(1).
* * * * * * *
SUBPART iv--ENFORCEMENT AND PENALTIES
* * * * * * *
CHAPTER 463--PENALTIES
* * * * * * *
Sec. 46301. Civil penalties
(a) General Penalty.--(1) A person is liable to the United
States Government for a civil penalty of not more than $75,000
(or $1,100 if the person is an individual or small business
concern) for violating--
(A) chapter 401 (except sections 40103(a) and (d),
40105, 40116, and 40117), chapter 411, chapter 413
(except sections 41307 and 41310(b)-(f)), chapter 415
(except sections 41502, 41505, and 41507-41509),
chapter 417 (except sections 41703, 41704, 41710,
41713, and 41714), chapter 419, subchapter II or III of
chapter 421, chapter 423, chapter 441 (except section
44109), section 44502(b) or (c), chapter 447 (except
sections 44717 and 44719-44723), chapter 448, chapter
449 (except sections 44902, 44903(d), 44904, 44907(a)-
(d)(1)(A) and (d)(1)(C)-(f), and 44908), chapter 451,
section 47107(a)(22) (including any assurance made
under such section), section 47107(b) (including any
assurance made under such section), or section 47133 of
this title;
(B) a regulation prescribed or order issued under any
provision to which clause (A) of this paragraph
applies;
(C) any term of a certificate or permit issued under
section 41102, 41103, or 41302 of this title; or
(D) a regulation of the United States Postal Service
under this part.
(2) A separate violation occurs under this subsection for
each day the violation (other than a violation of section
41719) continues or, if applicable, for each flight involving
the violation (other than a violation of section 41719).
(3) Penalty for diversion of aviation revenues.--The amount
of a civil penalty assessed under this section for a violation
of section 47107(b) of this title (or any assurance made under
such section) or section 47133 of this title may be increased
above the otherwise applicable maximum amount under this
section to an amount not to exceed 3 times the amount of
revenues that are used in violation of such section.
(4) Aviation security violations.--Notwithstanding paragraph
(1) of this subsection, the maximum civil penalty for violating
chapter 449 shall be $10,000; except that the maximum civil
penalty shall be $25,000 in the case of a person operating an
aircraft for the transportation of passengers or property for
compensation (except an individual serving as an airman).
(5) Penalties applicable to individuals and small business
concerns.--
(A) An individual (except an airman serving as an
airman) or small business concern is liable to the
Government for a civil penalty of not more than $10,000
for violating--
(i) chapter 401 (except sections 40103(a) and
(d), 40105, 40106(b), 40116, and 40117),
section 44502 (b) or (c), chapter 447 (except
sections 44717-44723), chapter 448, chapter 449
(except sections 44902, 44903(d), 44904, and
44907-44909), chapter 451, or section 46314(a)
of this title; or
(ii) a regulation prescribed or order issued
under any provision to which clause (i)
applies.
(B) A civil penalty of not more than $10,000 may be
imposed for each violation under paragraph (1)
committed by an individual or small business concern
related to--
(i) the transportation of hazardous material;
(ii) the registration or recordation under
chapter 441 of an aircraft not used to provide
air transportation;
(iii) a violation of section 44718(d),
relating to the limitation on construction or
establishment of landfills;
(iv) a violation of section 44725, relating
to the safe disposal of life-limited aircraft
parts; or
(v) a violation of section 40127 or section
41705, relating to discrimination.
(C) Notwithstanding paragraph (1), the maximum civil
penalty for a violation of section 41719 committed by
an individual or small business concern shall be $5,000
instead of $1,000.
(D) Notwithstanding paragraph (1), the maximum civil
penalty for a violation of section 41712 (including a
regulation prescribed or order issued under such
section) or any other regulation prescribed by the
Secretary of Transportation by an individual or small
business concern that is intended to afford consumer
protection to commercial air transportation passengers
shall be $2,500 for each violation.
(6) Failure to collect airport security badges.--
Notwithstanding paragraph (1), any employer (other than a
governmental entity or airport operator) who employs an
employee to whom an airport security badge or other identifier
used to obtain access to a secure area of an airport is issued
before, on, or after the date of enactment of this paragraph
and who does not collect or make reasonable efforts to collect
such badge from the employee on the date that the employment of
the employee is terminated and does not notify the operator of
the airport of such termination within 24 hours of the date of
such termination shall be liable to the Government for a civil
penalty not to exceed $10,000.
(7) Penalties relating to harm to passengers with
disabilities.--
(A) Penalty for bodily harm or damage to wheelchair
or other mobility aid.--The amount of a civil penalty
assessed under this section for a violation of section
41705 that involves damage to a passenger's wheelchair
or other mobility aid or injury to a passenger with a
disability may be increased above the otherwise
applicable maximum amount under this section for a
violation of section 41705 to an amount not to exceed 3
times the maximum penalty otherwise allowed.
(B) Each act constitutes separate offense.--
Notwithstanding paragraph (2), a separate violation of
section 41705 occurs for each act of discrimination
prohibited by that section.
(8) Failure to Continue Offering Aviation Fuel.--
Notwithstanding paragraph (1), the maximum civil penalty for a
violation of section 47107(a)(22) (including any assurance made
under such section) committed by a person, including if the
person is an individual or a small business concern, shall be
$5,000 for each day that the person is in violation of that
section.
(9) Penalties relating to the operation of unmanned aircraft
system detection and mitigation technologies.--Notwithstanding
paragraphs (1) and (5) of subsection (a), the maximum civil
penalty for a violation of section 44815 committed by a person
described in such section, including an individual or small
business concern, shall be the maximum civil penalty authorized
under subsection (a)(1) of this section for persons other than
an individual or small business concern.
(b) Smoke Alarm Device Penalty.--(1) A passenger may not
tamper with, disable, or destroy a smoke alarm device located
in a lavatory on an aircraft providing air transportation or
intrastate air transportation.
(2) An individual violating this subsection is liable to the
Government for a civil penalty of not more than $2,000.
(c) Procedural Requirements.--(1) The Secretary of
Transportation may impose a civil penalty for the following
violations only after notice and an opportunity for a hearing:
(A) a violation of subsection (b) of this section or
chapter 411, chapter 413 (except sections 41307 and
41310(b)-(f)), chapter 415 (except sections 41502,
41505, and 41507-41509), chapter 417 (except sections
41703, 41704, 41710, 41713, and 41714), chapter 419,
subchapter II of chapter 421, chapter 423, or section
44909 of this title.
(B) a violation of a regulation prescribed or order
issued under any provision to which clause (A) of this
paragraph applies.
(C) a violation of any term of a certificate or
permit issued under section 41102, 41103, or 41302 of
this title.
(D) a violation under subsection (a)(1) of this
section related to the transportation of hazardous
material.
(2) The Secretary shall give written notice of the finding of
a violation and the civil penalty under paragraph (1) of this
subsection.
(d) Administrative Imposition of Penalties.--(1) In this
subsection--
(A) ``flight engineer'' means an individual who holds
a flight engineer certificate issued under part 63 of
title 14, Code of Federal Regulations.
(B) ``mechanic'' means an individual who holds a
mechanic certificate issued under part 65 of title 14,
Code of Federal Regulations.
(C) ``pilot'' means an individual who holds a pilot
certificate issued under part 61 of title 14, Code of
Federal Regulations.
(D) ``repairman'' means an individual who holds a
repairman certificate issued under part 65 of title 14,
Code of Federal Regulations.
(2) The Administrator of the Federal Aviation Administration
may impose a civil penalty for a violation of chapter 401
(except sections 40103(a) and (d), 40105, 40106(b), 40116, and
40117), section 42121, chapter 441 (except section 44109),
section 44502(b) or (c), chapter 447 (except sections 44717 and
44719-44723), chapter 448, chapter 451, section 46301(b),
section 46302 (for a violation relating to section 46504),
section 46318, section 46319, section 46320, or section
47107(b) (as further defined by the Secretary of Transportation
under section 47107(k) and including any assurance made under
section 47107(b)) of this title or a regulation prescribed or
order issued under any of those provisions. The Secretary of
Homeland Security may impose a civil penalty for a violation of
chapter 449 (except sections 44902, 44903(d), 44907(a)-
(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909), section 46302
(except for a violation relating to section 46504), or section
46303 of this title or a regulation prescribed or order issued
under any of those provisions. The Secretary of Homeland
Security or Administrator of the Federal Aviation
Administration shall give written notice of the finding of a
violation and the penalty.
(3) In a civil action to collect a civil penalty imposed by
the Secretary of Homeland Security or Administrator of the
Federal Aviation Administration under this subsection, the
issues of liability and the amount of the penalty may not be
reexamined.
(4) Notwithstanding paragraph (2) of this subsection, the
district courts of the United States have exclusive
jurisdiction of a civil action involving a penalty the
Secretary of Homeland Security or Administrator of the Federal
Aviation Administration initiates if--
(A) the amount in controversy is more than--
(i) $400,000 if the violation was committed
by any person other than an individual or small
business concern before the date of enactment
of the FAA Reauthorization Act of 2024;
(ii) $50,000 if the violation was committed
by an individual or small business concern
before the date of enactment of the FAA
Reauthorization Act of 2024;
(iii) $1,200,000 if the violation was
committed by a person other than an individual
or small business concern on or after the date
of enactment of the FAA Reauthorization Act of
2024; or
(iv) $100,000 if the violation was committed
by an individual on or after the date of
enactment of the FAA Reauthorization Act of
2024;
(B) the action is in rem or another action in rem
based on the same violation has been brought;
(C) the action involves an aircraft subject to a lien
that has been seized by the Government; or
(D) another action has been brought for an injunction
based on the same violation.
(5)(A) The Administrator of the Federal Aviation
Administration may issue an order imposing a penalty under this
subsection against an individual acting as a pilot, flight
engineer, mechanic, or repairman only after advising the
individual of the charges or any reason the Administrator of
the Federal Aviation Administration relied on for the proposed
penalty and providing the individual an opportunity to answer
the charges and be heard about why the order shall not be
issued.
(B) An individual acting as a pilot, flight engineer,
mechanic, or repairman may appeal an order imposing a penalty
under this subsection to the National Transportation Safety
Board. After notice and an opportunity for a hearing on the
record, the Board shall affirm, modify, or reverse the order.
The Board may modify a civil penalty imposed to a suspension or
revocation of a certificate.
(C) When conducting a hearing under this paragraph, the Board
is not bound by findings of fact of the Administrator of the
Federal Aviation Administration but is bound by all validly
adopted interpretations of laws and regulations the
Administrator of the Federal Aviation Administration carries
out and of written agency policy guidance available to the
public related to sanctions to be imposed under this section
unless the Board finds an interpretation is arbitrary,
capricious, or otherwise not according to law.
(D) When an individual files an appeal with the Board under
this paragraph, the order of the Administrator of the Federal
Aviation Administration is stayed.
(6) An individual substantially affected by an order of the
Board under paragraph (5) of this subsection, or the
Administrator of the Federal Aviation Administration when the
Administrator of the Federal Aviation Administration decides
that an order of the Board under paragraph (5) will have a
significant adverse impact on carrying out this part, may
obtain judicial review of the order under section 46110 of this
title. The Administrator of the Federal Aviation Administration
shall be made a party to the judicial review proceedings.
Findings of fact of the Board are conclusive if supported by
substantial evidence.
(7)(A) The Administrator of the Federal Aviation
Administration may impose a penalty on a person (except an
individual acting as a pilot, flight engineer, mechanic, or
repairman) only after notice and an opportunity for a hearing
on the record.
(B) In an appeal from a decision of an administrative law
judge as the result of a hearing under subparagraph (A) of this
paragraph, the Administrator of the Federal Aviation
Administration shall consider only whether--
(i) each finding of fact is supported by a
preponderance of reliable, probative, and substantial
evidence;
(ii) each conclusion of law is made according to
applicable law, precedent, and public policy; and
(iii) the judge committed a prejudicial error that
supports the appeal.
(C) Except for good cause, a civil action involving a penalty
under this paragraph may not be initiated later than 2 years
after the violation occurs.
(D) In the case of a violation of section 47107(b) of this
title or any assurance made under such section--
(i) a civil penalty shall not be assessed against an
individual;
(ii) a civil penalty may be compromised as provided
under subsection (f); and
(iii) judicial review of any order assessing a civil
penalty may be obtained only pursuant to section 46110
of this title.
(8) The maximum civil penalty the Administrator of the
Transportation Security Administration, Administrator of the
Federal Aviation Administration, or Board may impose under this
subsection is--
(A) $400,000 if the violation was committed by a
person other than an individual or small business
concern before the date of enactment of the FAA
Reauthorization Act of 2024;
(B) $50,000 if the violation was committed by an
individual or small business concern before the date of
enactment of the FAA Reauthorization Act of 2024;
(C) $1,200,000 if the violation was committed by a
person other than an individual or small business
concern on or after the date of enactment of the FAA
Reauthorization Act of 2024; or
(D) $100,000 if the violation was committed by an
individual on or after the date of enactment of the FAA
Reauthorization Act of 2024.
(9) This subsection applies only to a violation occurring
after August 25, 1992.
(e) Penalty Considerations.--In determining the amount of a
civil penalty under subsection (a)(3) of this section related
to transportation of hazardous material, the Secretary of
Transportation shall consider--
(1) the nature, circumstances, extent, and gravity of
the violation;
(2) with respect to the violator, the degree of
culpability, any history of prior violations, the
ability to pay, and any effect on the ability to
continue doing business; and
(3) other matters that justice requires.
(f) Compromise and Setoff.--(1)(A) The Secretary may
compromise the amount of a civil penalty imposed for
violating--
(i) chapter 401 (except sections 40103(a) and (d),
40105, 40116, and 40117), chapter 441 (except section
44109), section 44502(b) or (c), chapter 447 (except
sections 44717 and 44719-44723), chapter 448, chapter
449 (except sections 44902, 44903(d), 44904, 44907(a)-
(d)(1)(A) and (d)(1)(C)-(f), 44908, and 44909), or
chapter 451 of this title; or
(ii) a regulation prescribed or order issued under
any provision to which clause (i) of this subparagraph
applies.
(B) The Postal Service may compromise the amount of a civil
penalty imposed under subsection (a)(1)(D) of this section.
(2) The Government may deduct the amount of a civil penalty
imposed or compromised under this subsection from amounts it
owes the person liable for the penalty.
(g) Judicial Review.--An order of the Secretary or the
Administrator of the Federal Aviation Administration imposing a
civil penalty may be reviewed judicially only under section
46110 of this title.
(h) Nonapplication.--(1) This section does not apply to the
following when performing official duties:
(A) a member of the armed forces of the United
States.
(B) a civilian employee of the Department of Defense
subject to the Uniform Code of Military Justice.
(2) The appropriate military authority is responsible for
taking necessary disciplinary action and submitting to the
Secretary (or the Administrator of the Transportation Security
Administration with respect to security duties and powers
designated to be carried out by the Administrator of the
Transportation Security Administration or the Administrator of
the Federal Aviation Administration with respect to aviation
safety duties and powers designated to be carried out by the
Administrator of the Federal Aviation Administration) a timely
report on action taken.
(i) Small Business Concern Defined.--In this section, the
term ``small business concern'' has the meaning given that term
in section 3 of the Small Business Act (15 U.S.C. 632).
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