No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4333 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4333
To enhance the authority granted to the Department of Homeland Security
and Department of Justice with respect to unmanned aircraft systems and
unmanned aircraft, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 23, 2023
Ms. Houlahan (for herself, Mr. Gallagher, Mr. Carter of Louisiana, and
Mr. Johnson of Louisiana) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committees on Transportation and Infrastructure, Homeland Security, and
Energy and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To enhance the authority granted to the Department of Homeland Security
and Department of Justice with respect to unmanned aircraft systems and
unmanned aircraft, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguarding the Homeland from the
Threats Posed by Unmanned Aircraft Systems Act of 2023''.
SEC. 2. DEPARTMENT OF HOMELAND SECURITY AND DEPARTMENT OF JUSTICE
UNMANNED AIRCRAFT SYSTEM DETECTION AND MITIGATION
ENFORCEMENT AUTHORITY.
Subtitle A of title II of the Homeland Security Act of 2002 (6
U.S.C. 121 et seq.) is amended by striking section 210G (6 U.S.C. 124n)
and inserting the following:
``SEC. 210G. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.
``(a) Definitions.--In this section:
``(1) The term `air navigation facility' has the meaning
given the term in section 40102(a) of title 49, United States
Code.
``(2) The term `airport' has the meaning given the term in
section 47102 of title 49, United Sates Code.
``(3) The term `appropriate committees of Congress' means--
``(A) the Committee on Homeland Security and
Governmental Affairs, the Committee on Commerce,
Science, and Transportation, and the Committee on the
Judiciary of the Senate; and
``(B) the Committee on Homeland Security, the
Committee on Transportation and Infrastructure, the
Committee on Oversight and Accountability, the
Committee on Energy and Commerce, and the Committee on
the Judiciary of the House of Representatives.
``(4) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31,
United States Code.
``(5) The term `covered facility or asset' means any
facility or asset that--
``(A) is identified as high-risk and a potential
target for unlawful unmanned aircraft or unmanned
aircraft system activity by the Secretary or the
Attorney General, or by the chief executive of the
jurisdiction in which a State, local, Tribal, or
territorial law enforcement agency designated pursuant
to subsection (d)(2) operates after review and approval
of the Secretary or the Attorney General, in
coordination with the Secretary of Transportation with
respect to potentially impacted airspace, through a
risk-based assessment for purposes of this section
(except that in the case of the missions described in
clauses (i)(II) and (iii)(I) of subparagraph (C), such
missions shall be presumed to be for the protection of
a facility or asset that is assessed to be high-risk
and a potential target for unlawful unmanned aircraft
or unmanned aircraft system activity);
``(B) is located in the United States; and
``(C) directly relates to 1 or more--
``(i) missions authorized to be performed
by the Department, consistent with governing
statutes, regulations, and orders issued by the
Secretary, pertaining to--
``(I) security or protection
functions of 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, that is limited to a
specified duration and location; or
``(IV) the provision of security or
protection support to critical
infrastructure owners or operators, for
static critical infrastructure
facilities and assets upon the request
of the owner or operator;
``(iv) missions authorized to be performed
by the United States Coast Guard, including
those described in clause (iii) as directed by
the Secretary, and as further set forth in
section 528 of title 14, United States Code,
and consistent with governing statutes,
regulations, and orders issued by the Secretary
of the Department in which the Coast Guard is
operating; and
``(v) responsibilities of State, local,
Tribal, and territorial law enforcement
agencies designated pursuant to subsection
(d)(2) pertaining to--
``(I) protection of National
Special Security 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 assessed by the
Secretary as high-risk for unmanned
aircraft systems or unmanned aircraft
attack or disruption, including
airports in the jurisdiction of the
State, local, Tribal, or territorial
law enforcement agency;
``(III) protection of government
buildings, assets, or facilities in the
jurisdiction of the State, local,
Tribal, or territorial law enforcement
agency; or
``(IV) protection of disaster
response in the jurisdiction of the
State, local, Tribal, or territorial
law enforcement agency.
``(6) The term `critical infrastructure' has the meaning
given the term in section 1016(e) of the Critical
Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)).
``(7) The terms `electronic communication', `intercept',
`oral communication', and `wire communication' have the
meanings given those terms in section 2510 of title 18, United
States Code.
``(8) The term `homeland security or justice budget
materials', with respect to a fiscal year, means the materials
submitted to Congress by the Secretary and the Attorney General
in support of the budget for that fiscal year.
``(9)(A) The term `personnel' means--
``(i) an officer, employee, or contractor of the
Department or the Department of Justice, who is
authorized to perform duties that include safety,
security, or protection of people, facilities, or
assets; or
``(ii) an employee who--
``(I) is authorized to perform law
enforcement and security functions on behalf of
a State, local, Tribal, or territorial law
enforcement agency designated under subsection
(d)(2); and
``(II) is trained and certified to perform
those duties, including training specific to
countering unmanned aircraft threats and
mitigating risks in the national airspace,
including with respect to protecting privacy
and civil liberties.
``(B) To qualify for use of the authorities described in
subsection (b) or (c), respectively, a contractor conducting
operations described in those subsections shall--
``(i) be directly contracted by the Department or
the Department of Justice;
``(ii) operate at a government-owned or government-
leased facility or asset;
``(iii) not conduct inherently governmental
functions;
``(iv) be trained to safeguard privacy and civil
liberties; and
``(v) be trained and certified by the Department or
the Department of Justice to meet the established
guidance and regulations of the Department or the
Department of Justice, respectively.
``(C) For purposes of subsection (c)(1), the term
`personnel' includes any officer, employee, or contractor who
is authorized to perform duties that include the safety,
security, or protection of people, facilities, or assets, of--
``(i) a State, local, Tribal, or territorial law
enforcement agency; and
``(ii) an owner or operator of an airport or
critical infrastructure.
``(10) The term `risk-based assessment' means an evaluation
of threat information specific to a covered facility or asset
and, with respect to potential impacts on the safety and
efficiency of the national airspace system and the needs of law
enforcement and national security at each covered facility or
asset identified by the Secretary or the Attorney General,
respectively, of each of the following factors:
``(A) Potential impacts to safety, efficiency, and
use of the national airspace system, including
potential effects on manned aircraft and unmanned
aircraft systems or unmanned aircraft, aviation safety,
airport operations, infrastructure, and air navigation
services relating to the use of any system or
technology for carrying out the actions described in
subsection (e)(2).
``(B) Options for mitigating any identified impacts
to the national airspace system relating to the use of
any system or technology, including minimizing, when
possible, the use of any technology that disrupts the
transmission of radio or electronic signals, for
carrying out the actions described in subsection
(e)(2).
``(C) Potential consequences of the impacts of any
actions taken under subsection (e)(2) to the national
airspace system and infrastructure if not mitigated.
``(D) The ability to provide reasonable advance
notice to aircraft operators consistent with the safety
of the national airspace system and the needs of law
enforcement and national security.
``(E) The setting and character of any covered
facility or asset, including--
``(i) whether the covered facility or asset
is located in a populated area or near other
structures;
``(ii) whether the covered facility or
asset is open to the public;
``(iii) whether the covered facility or
asset is used for nongovernmental functions;
and
``(iv) any potential for interference with
wireless communications or for injury or damage
to persons or property.
``(F) The setting, character, duration, and
national airspace system impacts of National Special
Security 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.
``(G) Potential consequences to national security,
public safety, or law enforcement if threats posed by
unmanned aircraft systems or unmanned aircraft are not
mitigated or defeated.
``(H) Civil rights and civil liberties guaranteed
by the First and Fourth Amendments to the Constitution
of the United States.
``(11) The terms `unmanned aircraft' and `unmanned aircraft
system' have the meanings given those terms in section 44801 of
title 49, United States Code.
``(b) Authority of the Department of Homeland Security and
Department of Justice.--Notwithstanding section 46502 of title 49,
United States Code, or sections 32, 1030, 1367, and chapters 119 and
206 of title 18, United States Code, the Secretary and the Attorney
General may, for their respective Departments, take, and may authorize
personnel with assigned duties that include the safety, security, or
protection of people, facilities, or assets to take, actions described
in subsection (e)(2) that are necessary to detect, identify, monitor,
track, and mitigate a credible threat (as defined by the Secretary and
the Attorney General, in consultation with the Secretary of
Transportation, 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.
``(c) Additional Limited Authority for Detection, Identification,
Monitoring, and Tracking.--
``(1) In general.--Subject to paragraphs (2) and (3), and
notwithstanding sections 1030 and 1367 and chapters 119 and 206
of title 18, United States Code, any State, local, Tribal, or
territorial law enforcement agency, the Department of Justice,
the Department, and any owner or operator of an airport or
critical infrastructure may authorize personnel, with assigned
duties that include the safety, security, or protection of
people, facilities, or assets, to use equipment authorized
under this subsection to take actions described in subsection
(e)(1) that are necessary to detect, identify, monitor, or
track an unmanned aircraft system or unmanned aircraft within
the respective areas of responsibility or jurisdiction of the
authorized personnel.
``(2) Authorized equipment.--Equipment authorized for
unmanned aircraft system detection, identification, monitoring,
or tracking under this subsection shall be limited to systems
or technologies--
``(A) tested and evaluated by the Department or the
Department of Justice, including evaluation of any
potential counterintelligence or cybersecurity risks;
``(B) that are annually reevaluated for any changes
in risks, including counterintelligence and
cybersecurity risks;
``(C) determined by the Federal Communications
Commission and the National Telecommunications and
Information Administration not to adversely impact the
use of the communications spectrum;
``(D) determined by the Federal Aviation
Administration not to adversely impact the use of the
aviation spectrum or otherwise adversely impact the
national airspace system; and
``(E) that are included on a list of authorized
equipment maintained by the Department, in coordination
with the Department of Justice, the Federal Aviation
Administration, the Federal Communications Commission,
and the National Telecommunications and Information
Administration.
``(3) State, local, tribal, and territorial compliance.--
Each State, local, Tribal, or territorial law enforcement
agency or owner or operator of an airport or critical
infrastructure acting pursuant to this subsection shall--
``(A) prior to any such action, issue a written
policy certifying compliance with the privacy
protections of subparagraphs (A) through (D) of
subsection (j)(2);
``(B) certify compliance with such policy to the
Secretary and the Attorney General annually, and
immediately notify the Secretary and Attorney General
of any noncompliance with such policy or the privacy
protections of subparagraphs (A) through (D) of
subsection (j)(2); and
``(C) comply with any additional guidance issued by
the Secretary or the Attorney General relating to
implementation of this subsection.
``(4) Prohibition.--Nothing in this subsection shall be
construed to authorize the taking of any action described in
subsection (e) other than the actions described in paragraph
(1) of that subsection.
``(d) Pilot Program for State, Local, Tribal, and Territorial Law
Enforcement.--
``(1) In general.--The Secretary and the Attorney General
may carry out a pilot program to evaluate the potential
benefits of State, local, Tribal, and territorial law
enforcement agencies taking actions that are necessary to
mitigate a credible threat (as defined by the Secretary and the
Attorney General, in consultation with the Secretary of
Transportation, 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.
``(2) Designation.--
``(A) In general.--The Secretary 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 paragraph (1), designate 1 or
more State, local, Tribal, or territorial law
enforcement agencies approved by the respective chief
executive officer of the State, local, Tribal, or
territorial law enforcement agency to engage in the
activities authorized in paragraph (4) under the direct
oversight of the Department or the Department of
Justice, in carrying out the responsibilities
authorized under subsection (a)(5)(C)(v).
``(B) Designation process.--
``(i) Number of agencies and duration.--On
and after the date that is 180 days after the
date of enactment of the Safeguarding the
Homeland from the Threats Posed by Unmanned
Aircraft Systems Act of 2023, the Secretary and
the Attorney General, pursuant to subparagraph
(A), 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.
``(ii) 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 subparagraph (A) 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 subparagraph (A) if the
Secretary, the Attorney General, or the
Secretary of Transportation (acting
through the Administrator of the
Federal Aviation Administration)
withdraws concurrence.
``(3) Termination of pilot program.--
``(A) Designation.--The authority to designate an
agency for inclusion in the pilot program established
under this subsection shall terminate 5 years after the
date that is 180 days after the date of enactment of
the Safeguarding the Homeland from the Threats Posed by
Unmanned Aircraft Systems Act of 2023.
``(B) Authority of pilot program agencies.--The
authority of an agency designated under the pilot
program established under this subsection to exercise
any of the authorities granted under the pilot program
shall terminate not later than 6 years after the date
that is 180 days after the date of enactment of the
Safeguarding the Homeland from the Threats Posed by
Unmanned Aircraft Systems Act of 2023, or upon
revocation pursuant to paragraph (2)(B)(ii).
``(4) Authorization.--Notwithstanding section 46502 of
title 49, United States Code, or sections 32, 1030, 1367 and
chapters 119 and 206 of title 18, United States Code, any
State, local, Tribal, or territorial law enforcement agency
designated pursuant to paragraph (2) may authorize personnel
with assigned duties that include the safety, security, or
protection of people, facilities, or assets to take such
actions as are described in subsection (e)(2) that are
necessary to detect, identify, monitor, track, or mitigate a
credible threat (as defined by the Secretary and the Attorney
General, in consultation with the Secretary of Transportation,
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 in carrying out the responsibilities authorized under
subsection (a)(5)(C)(v).
``(5) Exemption.--
``(A) In general.--Subject to subparagraph (B), the
Chair of the Federal Communications Commission, in
consultation with the Administrator of the National
Telecommunications and Information Administration,
shall implement a process for considering the exemption
of 1 or more law enforcement agencies designated under
paragraph (2), or any station operated by the agency,
from any provision of title III of the Communications
Act of 1934 (47 U.S.C. 151 et seq.) to the extent that
the designated law enforcement agency takes such
actions as are described in subsection (e)(2) and may
establish conditions or requirements for such
exemption.
``(B) Requirements.--The Chair of the Federal
Communications Commission, in consultation with the
Administrator of the National Telecommunications and
Information Administration, may grant an exemption
under subparagraph (A) only if the Chair of the Federal
Communications Commission in consultation with the
Administrator of the National Telecommunications and
Information Administration finds that the grant of an
exemption--
``(i) is necessary to achieve the purposes
of this subsection; and
``(ii) will serve the public interest.
``(C) Revocation.--Any exemption granted under
subparagraph (A) shall terminate automatically if the
designation granted to the law enforcement agency under
paragraph (2)(A) is revoked by the Secretary or the
Attorney General under paragraph (2)(B)(ii) or is
terminated under paragraph (3)(B).
``(6) Reporting.--Not later than 2 years after the date on
which the first law enforcement agency is designated under
paragraph (2), and annually thereafter for the duration of the
pilot program, the Secretary and the Attorney General shall
inform the appropriate committees of Congress in writing of the
use by any State, local, Tribal, or territorial law enforcement
agency of any authority granted pursuant to paragraph (4),
including a description of any privacy or civil liberties
complaints known to the Secretary or Attorney General in
connection with the use of that authority by the designated
agencies.
``(7) Restrictions.--Any entity acting pursuant to the
authorities granted under this subsection--
``(A) may do so only using equipment authorized by
the Department, in coordination with the Department of
Justice, the Federal Communications Commission, the
National Telecommunications and Information
Administration, and the Department of Transportation
(acting through the Federal Aviation Administration)
according to the criteria described in subsection
(c)(2);
``(B) shall, prior to any such action, issue a
written policy certifying compliance with the privacy
protections of subparagraphs (A) through (D) of
subsection (j)(2);
``(C) shall ensure that all personnel undertaking
any actions listed under this subsection are properly
trained in accordance with the criteria that the
Secretary and Attorney General shall collectively
establish, in consultation with the Secretary of
Transportation, the Administrator of the Federal
Aviation Administration, the Chair of the Federal
Communications Commission, the Assistant Secretary of
Commerce for Communications and Information, and the
Administrator of the National Telecommunications and
Information Administration; and
``(D) shall comply with any additional guidance
relating to compliance with this subsection issued by
the Secretary or Attorney General.
``(e) Actions Described.--
``(1) In general.--The actions authorized under subsection
(c) that may be taken by a State, local, Tribal, or territorial
law enforcement agency, the Department, the Department of
Justice, and any owner or operator of an airport or critical
infrastructure, are limited to actions during the operation of
an unmanned aircraft system, to detect, identify, monitor, and
track the unmanned aircraft system or unmanned aircraft,
without prior consent, including by means of intercept or other
access of a wire communication, an oral communication, or an
electronic communication used to control the unmanned aircraft
system or unmanned aircraft.
``(2) Clarification.--The actions authorized in subsections
(b) and (d)(4) are the following:
``(A) During the operation of the unmanned aircraft
system or unmanned aircraft, detect, identify, monitor,
and track the unmanned aircraft system or unmanned
aircraft, without prior consent, including by means of
intercept or other access of a wire communication, an
oral communication, or an electronic communication used
to control the unmanned aircraft system or unmanned
aircraft.
``(B) Warn the operator of the unmanned aircraft
system or unmanned aircraft, including by passive or
active, and direct or indirect, physical, electronic,
radio, and electromagnetic means.
``(C) Disrupt control of the unmanned aircraft
system or unmanned aircraft, without prior consent of
the operator of the unmanned aircraft system or
unmanned aircraft, including by disabling the unmanned
aircraft system or unmanned aircraft by intercepting,
interfering, or causing interference with wire, oral,
electronic, or radio communications used to control the
unmanned aircraft system or unmanned aircraft.
``(D) Seize or exercise control of the unmanned
aircraft system or unmanned aircraft.
``(E) Seize or otherwise confiscate the unmanned
aircraft system or unmanned aircraft.
``(F) Use reasonable force, if necessary, to
disable, damage, or destroy the unmanned aircraft
system or unmanned aircraft.
``(f) Research, Testing, Training, and Evaluation.--
``(1) Requirement.--
``(A) In general.--Notwithstanding section 46502 of
title 49, United States Code, or any provision of title
18, United States Code, the Secretary, the Attorney
General, and the heads of the State, local, Tribal, or
territorial law enforcement agencies designated
pursuant to subsection (d)(2) shall conduct research,
testing, and training on, and evaluation of, any
equipment, including any electronic equipment, to
determine the capability and utility of the equipment
prior to the use of the equipment in carrying out any
action described in subsection (e).
``(B) Coordination.--Personnel and contractors who
do not have duties that include the safety, security,
or protection of people, facilities, or assets may
engage in research, testing, training, and evaluation
activities pursuant to subparagraph (A).
``(2) Training of federal, state, local, territorial, and
tribal law enforcement personnel.--The Attorney General, acting
through the Director of the Federal Bureau of Investigation,
may--
``(A) provide training relating to measures to
mitigate a credible threat that an unmanned aircraft or
unmanned aircraft system poses to the safety or
security of a covered facility or asset to any
personnel who are authorized to take such measures,
including personnel authorized to take the actions
described in subsection (e); and
``(B) establish or designate 1 or more facilities
or training centers for the purpose described in
subparagraph (A).
``(3) Coordination for research, testing, training, and
evaluation.--
``(A) In general.--The Secretary, the Attorney
General, and the heads of the State, local, Tribal, or
territorial law enforcement agencies designated
pursuant to subsection (d)(2) shall coordinate
procedures governing research, testing, training, and
evaluation to carry out any provision under this
subsection with the Administrator of the Federal
Aviation Administration before initiating such activity
in order that the Administrator of the Federal Aviation
Administration may ensure the activity does not
adversely impact or interfere with safe airport
operations, navigation, air traffic services, or the
safe and efficient operation of the national airspace
system.
``(B) Additional requirement.--Each head of a
State, local, Tribal, or territorial law enforcement
agency designated pursuant to subsection (d)(2) shall
coordinate the procedures governing research, testing,
training, and evaluation of the law enforcement agency
through the Secretary and the Attorney General, in
coordination with the Federal Aviation Administration.
``(g) Forfeiture.--Any unmanned aircraft system or unmanned
aircraft that is lawfully seized by the Secretary or the Attorney
General pursuant to subsection (b) is subject to forfeiture to the
United States pursuant to the provisions of chapter 46 of title 18,
United States Code.
``(h) Regulations and Guidance.--The Secretary, the Attorney
General, and the Secretary of Transportation--
``(1) may prescribe regulations and shall issue guidance in
the respective areas of each Secretary or the Attorney General
to carry out this section; and
``(2) in developing regulations and guidance described in
paragraph (1), shall consult the Chair of the Federal
Communications Commission, the Administrator of the National
Telecommunications and Information Administration, and the
Administrator of the Federal Aviation Administration.
``(i) Coordination.--
``(1) In general.--The Secretary and the Attorney General
shall coordinate with the Administrator of the Federal Aviation
Administration before carrying out any action authorized under
this section in order that the Administrator may ensure the
action does not adversely impact or interfere with--
``(A) safe airport operations;
``(B) navigation;
``(C) air traffic services; or
``(D) the safe and efficient operation of the
national airspace system.
``(2) Guidance.--Before issuing any guidance, or otherwise
implementing this section, the Secretary or the Attorney
General shall each coordinate with--
``(A) the Secretary of Transportation in order that
the Secretary of Transportation may ensure the guidance
or implementation does not adversely impact or
interfere with any critical infrastructure relating to
transportation; and
``(B) the Administrator of the Federal Aviation
Administration in order that the Administrator may
ensure the guidance or implementation does not
adversely impact or interfere with--
``(i) safe airport operations;
``(ii) navigation;
``(iii) air traffic services; or
``(iv) the safe and efficient operation of
the national airspace system.
``(3) Coordination with the faa.--The Secretary and the
Attorney General shall coordinate the development of their
respective guidance under subsection (h) with the Secretary of
Transportation (acting through the Administrator of the Federal
Aviation Administration).
``(4) Coordination with the department of transportation
and national telecommunications and information
administration.--The Secretary and the Attorney General, and
the heads of any State, local, Tribal, or territorial law
enforcement agencies designated pursuant to subsection (d)(2),
through the Secretary and the Attorney General, shall
coordinate the development for their respective departments or
agencies of the actions described in subsection (e) with the
Secretary of Transportation (acting through the Administrator
of the Federal Aviation Administration), the Assistant
Secretary of Commerce for Communications and Information, and
the Administrator of the National Telecommunications and
Information Administration.
``(5) State, local, tribal, and territorial
implementation.--Prior to taking any action authorized under
subsection (d)(4), each head of a State, local, Tribal, or
territorial law enforcement agency designated under subsection
(d)(2) shall coordinate, through the Secretary and the Attorney
General--
``(A) with the Secretary of Transportation in order
that the Administrators of non-aviation modes of the
Department of Transportation may evaluate whether the
action may have adverse impacts on critical
infrastructure relating to non-aviation transportation;
``(B) with the Administrator of the Federal
Aviation Administration in order that the Administrator
may ensure the action will not adversely impact or
interfere with--
``(i) safe airport operations;
``(ii) navigation;
``(iii) air traffic services; or
``(iv) the safe and efficient operation of
the national airspace system; and
``(C) to allow the Department and the Department of
Justice to ensure that any action authorized by this
section is consistent with Federal law enforcement or
in the interest of national security.
``(j) Privacy Protection.--
``(1) In general.--Any regulation or guidance issued to
carry out an action under subsection (e) by the Secretary or
the Attorney General shall ensure for the Department or the
Department of Justice, respectively, that--
``(A) the interception of, acquisition of, access
to, maintenance of, or use of any communication to or
from an unmanned aircraft system or unmanned aircraft
under this section is conducted in a manner consistent
with the First and Fourth Amendments to the
Constitution of the United States and any applicable
provision of Federal law;
``(B) any communication to or from an unmanned
aircraft system or unmanned aircraft are intercepted or
acquired only to the extent necessary to support an
action described in subsection (e);
``(C) any record of a communication described in
subparagraph (B) is maintained only for as long as
necessary, and in no event for more than 180 days,
unless the Secretary or the Attorney General, as
applicable, determines that maintenance of the record
is--
``(i) required under Federal law;
``(ii) necessary for the purpose of
litigation; and
``(iii) necessary to investigate or
prosecute a violation of law, including by--
``(I) directly supporting an
ongoing security operation; or
``(II) protecting against dangerous
or unauthorized activity by unmanned
aircraft systems or unmanned aircraft;
and
``(D) a communication described in subparagraph (B)
is not disclosed to any person not employed or
contracted by the Department or the Department of
Justice unless the disclosure--
``(i) is necessary to investigate or
prosecute a violation of law;
``(ii) will support--
``(I) the Department of Defense;
``(II) a Federal law enforcement,
intelligence, or security agency;
``(III) a State, local, Tribal, or
territorial law enforcement agency; or
``(IV) another relevant entity or
person if the entity or person is
engaged in a security or protection
operation;
``(iii) is necessary to support a
department or agency listed in clause (ii) in
investigating or prosecuting a violation of
law;
``(iv) will support the enforcement
activities of a Federal regulatory agency
relating to a criminal or civil investigation
of, or any regulatory, statutory, or other
enforcement action relating to, an action
described in subsection (e);
``(v) is between the Department and the
Department of Justice in the course of a
security or protection operation of either
department or a joint operation of those
departments; or
``(vi) is otherwise required by law.
``(2) Local privacy protection.--In exercising any
authority described in subsection (c) or (d), a State, local,
Tribal, or territorial law enforcement agency designated under
subsection (d)(2) or owner or operator of an airport or
critical infrastructure shall ensure that--
``(A) the interception of, acquisition of, access
to, maintenance of, or use of communications to or from
an unmanned aircraft system or unmanned aircraft under
this section is conducted in a manner consistent with--
``(i) the First and Fourth Amendments to
the Constitution of the United States; and
``(ii) applicable provisions of Federal
law, and where required, State, local, Tribal,
and territorial law;
``(B) any communication to or from an unmanned
aircraft system or unmanned aircraft is intercepted or
acquired only to the extent necessary to support an
action described in subsection (e);
``(C) any record of a communication described in
subparagraph (B) is maintained only for as long as
necessary, and in no event for more than 180 days,
unless the Secretary, the Attorney General, or the head
of a State, local, Tribal, or territorial law
enforcement agency designated under subsection (d)(2)
determines that maintenance of the record is--
``(i) required to be maintained under
Federal, State, local, Tribal, or territorial
law;
``(ii) necessary for the purpose of any
litigation; or
``(iii) necessary to investigate or
prosecute a violation of law, including by--
``(I) directly supporting an
ongoing security or protection
operation; or
``(II) protecting against dangerous
or unauthorized activity by an unmanned
aircraft system or unmanned aircraft;
and
``(D) the communication is not disclosed outside
the agency or entity unless the disclosure--
``(i) is necessary to investigate or
prosecute a violation of law;
``(ii) would support the Department of
Defense, a Federal law enforcement,
intelligence, or security agency, or a State,
local, Tribal, or territorial law enforcement
agency;
``(iii) would support the enforcement
activities of a Federal regulatory agency in
connection with a criminal or civil
investigation of, or any regulatory, statutory,
or other enforcement action relating to, an
action described in subsection (e);
``(iv) is to the Department or the
Department of Justice in the course of a
security or protection operation of either the
Department or the Department of Justice, or a
joint operation of the Department and
Department of Justice; or
``(v) is otherwise required by law.
``(k) Budget.--
``(1) In general.--The Secretary and the Attorney General
shall submit to Congress, as a part of the homeland security or
justice budget materials for each fiscal year after fiscal year
2024, a consolidated funding display that identifies the
funding source for the actions described in subsection (e)
within the Department and the Department of Justice.
``(2) Classification.--Each funding display submitted under
paragraph (1) shall be in unclassified form but may contain a
classified annex.
``(l) Public Disclosures.--
``(1) In general.--Notwithstanding any provision of State,
local, Tribal, or territorial law, information shall be
governed by the disclosure obligations set forth in section 552
of title 5, United States Code (commonly known as the `Freedom
of Information Act'), if the information relates to--
``(A) any capability, limitation, or sensitive
detail of the operation of any technology used to carry
out an action described in subsection (e)(1) of this
section; or
``(B) an operational procedure or protocol used to
carry out this section.
``(2) State, local, tribal, or territorial agency use.--
``(A) Control.--Information described in paragraph
(1) that is obtained by a State, local, Tribal, or
territorial law enforcement agency from a Federal
agency under this section--
``(i) shall remain subject to the control
of the Federal agency, notwithstanding that the
State, local, Tribal, or territorial law
enforcement agency has the information
described in paragraph (1) in the possession of
the State, local, Tribal, or territorial law
enforcement agency; and
``(ii) shall not be subject to any State,
local, Tribal, or territorial law authorizing
or requiring disclosure of the information
described in paragraph (1).
``(B) Access.--Any request for public access to
information described in paragraph (1) shall be
submitted to the originating Federal agency, which
shall process the request as required under section
552(a)(3) of title 5, United States Code.
``(m) Assistance and Support.--
``(1) Facilities and services of other agencies and non-
federal entities.--
``(A) In general.--The Secretary and the Attorney
General are authorized to use or accept from any other
Federal agency, or any other public or private entity,
any supply or service to facilitate or carry out any
action described in subsection (e).
``(B) Reimbursement.--In accordance with
subparagraph (A), the Secretary and the Attorney
General may accept any supply or service with or
without reimbursement to the entity providing the
supply or service and notwithstanding any provision of
law that would prevent the use or acceptance of the
supply or service.
``(C) Agreements.--To implement the requirements of
subsection (a)(5)(C), the Secretary or the Attorney
General may enter into 1 or more agreements with the
head of another executive agency or with an appropriate
official of a non-Federal public or private agency or
entity, as may be necessary and proper to carry out the
responsibilities of the Secretary and Attorney General
under this section.
``(2) Mutual support.--
``(A) In general.--Subject to subparagraph (B), the
Secretary and the Attorney General are authorized to
provide support or assistance, upon the request of a
Federal agency or department conducting--
``(i) a mission described in subsection
(a)(5)(C);
``(ii) a mission described in section 130i
of title 10, United States Code; or
``(iii) a mission described in section 4510
of the Atomic Energy Defense Act (50 U.S.C.
2661).
``(B) Requirements.--Any support or assistance
provided by the Secretary or the Attorney General shall
only be granted--
``(i) for the purpose of fulfilling the
roles and responsibilities of the Federal
agency or department that made the request for
the mission for which the request was made;
``(ii) when exigent circumstances exist;
``(iii) for a specified duration and
location;
``(iv) within available resources;
``(v) on a non-reimbursable basis; and
``(vi) in coordination with the
Administrator of the Federal Aviation
Administration.
``(n) Semiannual Briefings and Notifications.--
``(1) In general.--On a semiannual basis beginning 180 days
after the date of enactment of the Safeguarding the Homeland
from the Threats Posed by Unmanned Aircraft Systems Act of
2023, the Secretary and the Attorney General shall each provide
a briefing to the appropriate committees of Congress on the
activities carried out pursuant to this section.
``(2) Requirement.--The Secretary and the Attorney General
each shall conduct the briefing required under paragraph (1)
jointly with the Secretary of Transportation.
``(3) Content.--Each briefing required under paragraph (1)
shall include--
``(A) policies, programs, and procedures to
mitigate or eliminate impacts of activities carried out
pursuant to this section to the national airspace
system and other critical infrastructure relating to
national transportation;
``(B) a description of--
``(i) each instance in which any action
described in subsection (e) has been taken,
including any instances that may have resulted
in harm, damage, or loss to a person or to
private property;
``(ii) the guidance, policies, or
procedures established by the Secretary or the
Attorney General to address privacy, civil
rights, and civil liberties issues implicated
by the actions permitted under this section, as
well as any changes or subsequent efforts by
the Secretary or the Attorney General that
would significantly affect privacy, civil
rights, or civil liberties;
``(iii) options considered and steps taken
by the Secretary or the Attorney General to
mitigate any identified impacts to the national
airspace system relating to the use of any
system or technology, including the
minimization of the use of any technology that
disrupts the transmission of radio or
electronic signals, for carrying out the
actions described in subsection (e)(2); and
``(iv) each instance in which a
communication intercepted or acquired during
the course of operations of an unmanned
aircraft system or unmanned aircraft was--
``(I) held in the possession of the
Department or the Department of Justice
for more than 180 days; or
``(II) shared with any entity other
than the Department or the Department
of Justice;
``(C) an explanation of how the Secretary, the
Attorney General, and the Secretary of Transportation
have--
``(i) informed the public as to the
possible use of authorities granted under this
section; and
``(ii) engaged with Federal, State, local,
Tribal, and territorial law enforcement
agencies to implement and use authorities
granted under this section;
``(D) an assessment of whether any gaps or
insufficiencies remain in laws, regulations, and
policies that impede the ability of the Federal
Government or State, local, Tribal, and territorial
governments and owners or operators of critical
infrastructure to counter the threat posed by the
malicious use of unmanned aircraft systems and unmanned
aircraft;
``(E) an assessment of efforts to integrate
unmanned aircraft system threat assessments within
National Special Security Event and Special Event
Assessment Rating event planning and protection
efforts;
``(F) recommendations to remedy any gaps or
insufficiencies described in subparagraph (D),
including recommendations relating to necessary changes
in law, regulations, or policies;
``(G) a description of the impact of the
authorities granted under this section on--
``(i) lawful operator access to national
airspace; and
``(ii) unmanned aircraft systems and
unmanned aircraft integration into the national
airspace system; and
``(H) a summary from the Secretary of any data and
results obtained pursuant to subsection (r), including
an assessment of--
``(i) how the details of the incident were
obtained; and
``(ii) whether the operation involved a
violation of Federal Aviation Administration
aviation regulations.
``(4) Unclassified form.--Each briefing required under
paragraph (1) shall be in unclassified form but may be
accompanied by an additional classified briefing.
``(5) Notification.--
``(A) In general.--Not later than 30 days after an
authorized department, agency, or owner or operator of
an airport or critical infrastructure deploys any new
technology to carry out the actions described in
subsection (e), the Secretary and the Attorney General
shall, individually or jointly, as appropriate, submit
a notification of the deployment to the appropriate
committees of Congress.
``(B) Contents.--Each notification submitted
pursuant to subparagraph (A) shall include a
description of options considered to mitigate any
identified impacts to the national airspace system
relating to the use of any system or technology,
including the minimization of the use of any technology
that disrupts the transmission of radio or electronic
signals in carrying out the actions described in
subsection (e).
``(o) Rule of Construction.--Nothing in this section shall be
construed to--
``(1) vest in the Secretary, the Attorney General, or any
State, local, Tribal, or territorial law enforcement agency
that is authorized under subsection (c) or designated under
subsection (d)(2) any authority of the Secretary of
Transportation or the Administrator of the Federal Aviation
Administration;
``(2) vest in the Secretary of Transportation, the
Administrator of the Federal Aviation Administration, or any
State, local, Tribal, or territorial law enforcement agency
designated under subsection (d)(2) any authority of the
Secretary or the Attorney General;
``(3) vest in the Secretary any authority of the Attorney
General;
``(4) vest in the Attorney General any authority of the
Secretary; or
``(5) provide a new basis of liability with respect to an
officer of a State, local, Tribal, or territorial law
enforcement agency designated under subsection (d)(2) or who
participates in the protection of a mass gathering identified
by the Secretary or Attorney General under subsection
(a)(5)(C)(iii)(II), who--
``(A) is acting in the official capacity of the
individual as an officer; and
``(B) does not exercise the authority granted to
the Secretary and the Attorney General by this section.
``(p) Termination.--
``(1) Termination of additional limited authority for
detection, identification, monitoring, and tracking.--The
authority to carry out any action authorized under subsection
(c), if performed by a non-Federal entity, shall terminate on
the date that is 5 years and 6 months after the date of
enactment of the Safeguarding the Homeland from the Threats
Posed by Unmanned Aircraft Systems Act of 2023 and the
authority under the pilot program established under subsection
(d) shall terminate as provided for in paragraph (3) of that
subsection.
``(2) Termination of authorities with respect to covered
facilities and assets.--The authority to carry out this section
with respect to a covered facility or asset shall terminate on
the date that is 7 years after the date of enactment of the
Safeguarding the Homeland from the Threats Posed by Unmanned
Aircraft Systems Act of 2023.
``(q) Scope of Authority.--Nothing in this section shall be
construed to provide the Secretary or the Attorney General with any
additional authority other than the authorities described in
subsections (a)(5)(C)(iii), (b), (c), (d), (f), (m), and (r).
``(r) United States Government Database.--
``(1) Authorization.--The Department is authorized to
develop a Federal database to enable the transmission of data
concerning security-related incidents in the United States
involving unmanned aircraft and unmanned aircraft systems
between Federal, State, local, Tribal, and territorial law
enforcement agencies for purposes of conducting analyses of
such threats in the United States.
``(2) Policies, plans, and procedures.--
``(A) Coordination and consultation.--Before
implementation of the database developed under
paragraph (1), the Secretary shall develop policies,
plans, and procedures for the implementation of the
database--
``(i) in coordination with the Attorney
General, the Secretary of Defense, and the
Secretary of Transportation (acting through the
Administrator of the Federal Aviation
Administration); and
``(ii) in consultation with State, local,
Tribal, and territorial law enforcement agency
representatives, including representatives of
fusion centers.
``(B) Reporting.--The policies, plans, and
procedures developed under subparagraph (A) shall
include criteria for Federal, State, local, Tribal, and
territorial reporting of unmanned aircraft systems or
unmanned aircraft incidents.
``(C) Data retention.--The policies, plans, and
procedures developed under subparagraph (A) shall
ensure that data on security-related incidents in the
United States involving unmanned aircraft and unmanned
aircraft systems that is retained as criminal
intelligence information is retained based on the
reasonable suspicion standard, as permitted under part
23 of title 28, Code of Federal Regulations.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, Homeland Security, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, Homeland Security, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, Homeland Security, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, Homeland Security, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Oversight, Investigations, and Accountability.
Referred to the Subcommittee on Counterterrorism, Law Enforcement, and Intelligence.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Referred to the Subcommittee on Aviation.
Referred to the Subcommittee on Communications and Technology.