No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3481 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3481
To expand the authority to use counter-unmanned aircraft system
technologies to State, local, Tribal, and territorial law enforcement
and correctional agencies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 15, 2025
Mr. Peters (for himself, Mr. Grassley, Mr. Johnson, and Ms. Cortez
Masto) introduced the following bill; which was read twice and referred
to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To expand the authority to use counter-unmanned aircraft system
technologies to State, local, Tribal, and territorial law enforcement
and correctional agencies, 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 ``SAFER SKIES Act''.
SEC. 2. DRONE COUNTERMEASURES TO PROTECT PUBLIC SAFETY AND CRITICAL
INFRASTRUCTURE.
Section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n)
is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Authorities.--
``(1) 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 to take such actions as are
described in subsection (b)(1) that are necessary to enforce
the law, protect the public, or to mitigate a credible threat
that an unmanned aircraft system or unmanned aircraft poses to
the safety or security of a covered facility or asset.
``(2) Authority of state, local, tribal, and territorial
law enforcement and correctional agencies.--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, notwithstanding the laws of any particular State, local,
Tribal, or territorial jurisdiction, and after completing the
training detailed in subsection (d)(2), any State, local,
Tribal, or territorial law enforcement or correctional agency
may, subject to subsection (d)(2), take, and 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 that an unmanned
aircraft system or unmanned aircraft poses to the safety or
security of people, facilities, and assets, a venue or set of
venues used for large-scale public gatherings or events,
critical infrastructure, or correctional facilities.'';
(2) in subsection (b)(1)(B), by striking ``and
electromagnetic means'' and inserting ``electromagnetic means,
and through the use of remote identification broadcast or other
means'';
(3) in subsection (c)--
(A) by inserting ``pursuant to subsection (a)(1)''
after ``Attorney General'';
(B) by striking ``Any unmanned'' and inserting the
following:
``(1) Federal agencies.--Any unmanned''; and
(C) by adding at the end the following:
``(2) Other agencies.--Any unmanned aircraft system or
unmanned aircraft described in subsection (a) that is seized by
a State, local, Tribal, or territorial law enforcement or
correctional agency pursuant to subsection (a)(2) is subject to
forfeiture under the laws of the agency's jurisdiction.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``or the Attorney
General'' and inserting ``, the Attorney General, or
any State, local, Tribal, or territorial law
enforcement or correctional agency'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following:
``(2) State, local, tribal, and territorial law enforcement
training and certification.--
``(A) Training and certification required.--
``(i) In general.--Only State, local,
Tribal, or territorial law enforcement and
correctional officers who have been trained and
certified by the Attorney General, or the
Attorney General's designee, in coordination
with the Secretary of Homeland Security through
a national schoolhouse which will serve as the
sole certifying authority for State, local,
Tribal, territorial, and correctional officers
in the use of the authority granted under
subsection (a)(2), may exercise authorities in
subsection (b)(1)(C), (D), and (F).
``(ii) Training and certification
procedures.--The Attorney General, in
coordination with the Secretary of Homeland
Security, the Secretary of Defense, and the
Secretary of Transportation, shall, not later
than 180 days after the date of enactment of
the SAFER SKIES Act, develop training and
certification procedures for the use of the
authority described in subsection (a)(2) that
State, local, Tribal, and territorial law
enforcement and correctional officers shall be
required to satisfy before taking any actions
described in subsection (b)(1).
``(iii) Technologies.--Technologies used by
State, local, Tribal, and territorial law
enforcement or correctional agencies to take
actions described in subsection (b)(1) shall be
limited to systems or technologies that are
included on a list of authorized technologies
maintained jointly by the Department of
Justice, the Department of Homeland Security,
the Department of Defense, the Department of
Transportation, the Federal Communications
Commission, and the National Telecommunications
and Information Administration.
``(B) Oversight.--The Attorney General, in
coordination with the Secretary of Homeland Security
and the Administrator of the Federal Aviation
Administration, shall oversee compliance with the
requirements set forth in subsection (e) with respect
to the use of the authority granted under subsection
(a)(2) by each State, local, Tribal, and territorial
law enforcement agency that has been certified pursuant
to the training and certification requirements
described in subparagraph (A).
``(C) State, local, tribal, and territorial law
enforcement and correctional agencies mitigation
notification requirement.--
``(i) In general.--Any State, local,
Tribal, or territorial law enforcement or
correctional agency exercising authority under
subsection (a)(2) shall, within 48 hours of
taking any mitigation action described in
subsection (b)(1), submit a notification to the
Attorney General and the Secretary of Homeland
Security containing--
``(I) the date, time, and
geographic location of the mitigation
action;
``(II) a brief description of the
credible threat or safety concern
necessitating such action;
``(III) the type of mitigation
capability employed; and
``(IV) any known operational
effects, including the seizure,
disabling, or destruction of an
unmanned aircraft system or unmanned
aircraft.
``(ii) Report mechanism.--The Attorney
General and the Secretary of Homeland Security
shall establish a streamlined and secure
submission mechanism to support the
notification requirement under clause (i).
``(D) Reports.--Not later than 1 year after the
date of enactment of the SAFER SKIES Act, and
biannually thereafter, the Attorney General, in
coordination with the Secretary of Homeland Security
and the Secretary of Transportation, shall submit to
the appropriate congressional committees an
unclassified report with a classified annex on
activities carried out by State, local, Tribal, and
territorial law and correctional enforcement agencies
exercising the authority granted under subsection
(a)(2) and subject to the training and certification
requirements described in subparagraph (A), including--
``(i) a description of the training and
certification procedures developed and
implemented pursuant to subparagraph (A)(ii);
``(ii) a list of State, local, Tribal, and
territorial law enforcement and correctional
agencies that applied for and were certified to
exercise the authorities granted by subsection
(a)(2);
``(iii) a list of currently authorized
technologies pursuant to subparagraph (A)(iii);
``(iv) the frequency, location, and
circumstances of State, local, Tribal,
territorial, and correctional officers
mitigation deployments and types of mitigation
employed;
``(v) a list of any aviation security or
safety incidents that occurred due to State,
local, Tribal, territorial, and correctional
officers deployment of counter-UAS
technologies;
``(vi) recommendations for improving State,
local, Tribal, and territorial law and
correctional agencies counter-UAS training,
oversight, compliance, and execution and the
compliance audits required by section 6(b)(2)
of the SAFER SKIES Act; and
``(vii) a determination on if State, local,
Tribal, and territorial law and correctional
agencies are able to fully protect critical
infrastructure from the drone threat and if
not, recommendations on how to expand counter-
UAS authorities to critical infrastructure
owners.'';
(5) in subsection (e)--
(A) in the matter preceding paragraph (1), by
striking ``or the Attorney General'' and inserting ``,
the Attorney General, or any State, local, Tribal, or
territorial law enforcement or correctional agency'';
(B) in paragraph (3)--
(i) by striking ``or the Attorney General''
and inserting ``, the Attorney General, or any
State, local, Tribal, or territorial law
enforcement or correctional agency'';
(ii) by inserting ``, State, local, Tribal,
or territorial'' after ``Federal''; and
(iii) by inserting ``(as applicable)''
after ``law'';
(C) in paragraph (4), in the matter preceding
subparagraph (A), by striking ``or the Department of
Justice'' and inserting ``the Department of Justice, or
the State, local, Tribal, or territorial law
enforcement or correctional agency''; and
(D) in paragraph (5)--
(i) by striking ``tribal'' and inserting
``Tribal''; and
(ii) by inserting ``other than those of an
aeronautical communications system, as allowed
for in section 2511(2)(g)(ii)(IV) of title 18,
United States Code, or information readily
available to the public'' after ``which shall
not include communications'';
(6) in subsection (g)(3)(G)--
(A) by inserting ``Tribal, territorial,'' after
``State,''; and
(B) by inserting ``, including those exercised
under subsection (a)(2)'' after ``authorities'';
(7) by redesignating subsections (j), (k), and (l) as
subsections (k), (l), and (m);
(8) by striking subsection (i) and inserting the following:
``(i) Applicability of Other Laws to Activities Related to the
Mitigation of Threats From Unmanned Aircraft Systems or Unmanned
Aircraft.--Sections 32, 1030, and 1367 and chapters 119 and 206 of
title 18, United States Code, and section 46502 of title 49, United
States Code, may not be construed to apply to activities of the Coast
Guard, whether under this section or any other provision of law, that--
``(1) are conducted outside the United States; and
``(2) are related to the mitigation of threats from
unmanned aircraft systems or unmanned aircraft.
``(j) Terminations.--
``(1) Counter-UAS authority.--The authority to carry out
this section with respect to a covered facility or asset,
protecting the public, and enforcing the law shall terminate on
September 30, 2031.
``(2) State, local, tribal, and territorial law enforcement
and correctional agencies.--Authority of State, local, tribal,
and territorial law enforcement and correctional agencies under
subsection (a)(2) shall terminate on December 31, 2031.'';
(9) in subsection (l), as so redesignated--
(A) in paragraph (3)(C) by inserting ``a Federal
law enforcement, correctional, and homeland security
agency mission necessary to enforce the law, protect
the public or to'' after ``directly relates to'';
(B) by striking paragraph (6) and inserting the
following:
``(6)(A) For purposes of subsection (a)(1), the term
`personnel' means officers, employees, contractors, detailed
personnel, and deputized personnel who perform Federal law
enforcement, correctional, homeland or national security
duties.
``(B) For purposes of subsection (a)(2), the term
`personnel' means officers and employees of State, local,
Tribal, and territorial law enforcement and correctional
agencies.''; and
(C) by adding at the end the following:
``(9) The term `correctional facility' means any jail,
prison, or any other penal or detention facility operated by a
State, local, Tribal, or territorial law enforcement agency, or
by a private party that is under contract with a State, local,
Tribal, or territorial law enforcement agency, and used to
house individuals who have been arrested, detained, held, or
charged with or convicted of criminal offenses.
``(10) The term `critical infrastructure' has the meaning
given the term in subsection (e) of the Critical
Infrastructures Protection Act of 2001 (Public Law 107-56).'';
and
(10) by adding at the end the following:
``(n) Reimbursement Program.--Not later than 180 days of after the
date of enactment of the SAFER SKIES Act, the Secretary of Homeland
Security and the Attorney General shall provide the appropriate
congressional committees with a plan to establish a reimbursement
program for Federal agencies providing counter-UAS protection to events
that are not organized or operated by the Federal Government.''.
SEC. 3. USE OF GRANT FUNDS FOR UNMANNED AIRCRAFT AND COUNTER UNMANNED
AIRCRAFT SYSTEMS.
Section 501(a)(1) of the Omnibus Crime Control and Safe Streets Act
of 1968 (34 U.S.C. 10152(a)(1)) is amended by adding at the end the
following:
``(J) Programs to purchase and operate unmanned
aircraft systems (as defined in section 44801 of title
49, United States Code) to benefit public safety.
``(K) Programs to purchase and operate counter-UAS
systems (as defined in section 44801 of title 49,
United States Code) included on the list of
technologies established by subsection (d)(2)(A)(iii)
section 210G of the Homeland Security Act of 2002 (6
U.S.C. 124n(d)(2)(A)(iii)) to exercise the authority
granted under subsection (a)(2) of such section.''.
SEC. 4. USE OF GRANT FUNDS FOR UNMANNED AIRCRAFT.
Section 1701(b) of the Omnibus Crime Control and Safe Streets Act
of 1968 (34 U.S.C. 10381(b)) is amended--
(1) by redesignating paragraphs (23) and (24) as paragraphs
(24) and (25), respectively;
(2) by inserting after paragraph (22) the following:
``(23) to purchase and operate unmanned aircraft systems
(as such term is defined in section 44801 of title 49, United
States Code) to benefit public safety;''; and
(3) in paragraph (24), as so redesignated, by striking
``(22)'' and inserting ``(23)''.
SEC. 5. PENALTIES.
(a) Definition.--In this section, the term ``unmanned aircraft''
has the meaning given the term in section 44801 of title 49, United
States Code.
(b) Felony Penalty for Repeat Violation of National Defense
Airspace.--Section 46307 of title 49, United States Code, is amended by
adding at the end the following: ``If a person is convicted of a second
or subsequent offense under this section, the punishment shall be
imprisonment for not more than 5 years, a fine under title 18, or
both.''.
(c) Increased Penalties for Operation of Unmanned Aircraft To
Facilitate Felony Offense.--If a person who is convicted of a felony
offense (other than an offense based solely on the operation of an
unmanned aircraft) knowingly operated an unmanned aircraft during, in
relation to, or in furtherance of such offense, the maximum
imprisonment otherwise provided by law for that offense shall be
doubled or increased by 5 years, whichever is less.
(d) Increased Penalties for Use of Unmanned Aircraft to Introduce
Contraband Into Prisons.--If a defendant who is convicted under section
1791 of title 18, United States Code, knowingly used an unmanned
aircraft to provide a prohibited object to an inmate of a prison, the
maximum imprisonment otherwise provided by law for that offense shall
be increased by 5 years.
(e) Directive to United States Sentencing Commission: Enhanced
Sentencing Range for Use of Unmanned Aircraft.--
(1) In general.--To carry out the purposes of this section,
during the Sentencing Commission's amendment cycle in progress
at the time this Act is enacted, the Commission shall, under
section 994 of title 28, United States Code--
(A) promulgate guidelines, or amendments to
guidelines, that substantially increase the sentencing
range for all offenses involving the use of an unmanned
aircraft; and
(B) as necessary, promulgate policy statements, or
amendments to policy statements to assist in the
application of this section.
(2) Enhanced penalties.--In any case in which the enhanced
penalties of subsection (c) apply, the guidelines and
amendments issued under paragraph (1) shall call for an
increase of at least 6 levels in the base offense level and in
all other cases, the base offense level shall be increased by
at least 4 levels.
(f) Penalties for Unauthorized Counter-UAS Actions.--Any entity or
individual authorized to take such actions to mitigate the threat posed
by an unmanned aircraft system or unmanned aircraft pursuant to section
210G of the Homeland Security Act of 2002 (6 U.S.C. 124n) who knowingly
engages in such actions without Federal coordination as required by
those statutes, shall be subject to--
(1) a civil fine up to $100,000 per violation; or
(2) suspension of counter-UAS authority pending review by
the Attorney General or Secretary of Homeland Security.
(g) Civil Enforcement.--The Attorney General is authorized to bring
a civil action in a United States district court to collect fines and
enforce civil penalties imposed under this section.
(h) Effective Date.--This section and the amendments made by this
section shall take effect 30 days after enactment of this Act.
SEC. 6. RULEMAKING AND IMPLEMENTATION.
(a) Rulemaking Authority.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security and
the Attorney General, in coordination with the Secretary of
Defense and the Secretary of Transportation, shall develop and
publish regulations governing counter-UAS authority for SLTT
law enforcement agencies and correctional agencies under this
Act and the amendments made by this Act.
(2) Role of faa.--In carrying out the rulemaking in
paragraph (1), the Secretary of Homeland Security and the
Attorney General shall coordinate with the Administrator of the
Federal Aviation Administration on any aspect of the rulemaking
that affects aviation safety, civilian aviation and aerospace
operations, aircraft airworthiness, or the use of airspace.
(3) Saving clause.--Nothing in this section shall be
construed to vest in the Secretary or the Attorney General any
authority of the Secretary of Transportation or the
Administrator of the Federal Aviation Administration.
(4) Authorized equipment and technology.--The Secretary of
Homeland Security, the Attorney General, the Secretary of
Defense, in coordination with the Administrator of the Federal
Aviation Administration, the Chairman of the Federal
Communications Commission, and the Administrator of National
Telecommunications and Information Administrator shall
authorize equipment and technology to be used for actions in
subparagraphs (B), (C), (D), and (F) of section 210G(b)(1) of
the Homeland Security Act of 2002.
(b) Training and Compliance.--
(1) In general.--The Attorney General, in coordination with
the Secretary of Homeland Security, the Secretary of Defense,
and the Department of Transportation, shall approve standards
for training programs for SLTT law enforcement agencies or
correctional agencies for the safe and lawful interception of
drones. Such training programs shall include instruction on the
legal, operational, and technological aspects of counter-UAS
operations.
(2) Compliance audits.--The Attorney General and the
Secretary of Homeland Security shall periodically conduct
compliance audits to prevent misuse of counter-UAS authority.
(c) Definitions.--In this section:
(1) SLTT law enforcement agency.--The term ``SLTT law
enforcement agency'' means a State, local, Tribal, or
territorial law enforcement agency.
(2) Correctional agency.--The term ``correctional agency''
means a Federal, State, local, Tribal, or territorial
government body responsible for operating correctional
facilities or a private party that is under contract with a
State, local, Tribal, or territorial law enforcement agency to
operate such facilities.
(3) Correctional facility.--The term ``correctional
facility'' means any jail, prison, or any other penal or
detention facility operated by a State, local, Tribal, or
territorial law enforcement agency, or by a private party that
is under contract with a State, local, Tribal, or territorial
law enforcement agency, and used to house individuals who have
been arrested, detained, held, or charged with or convicted of
criminal offenses.
SEC. 7. SEVERABILITY.
If any provision of this Act, or the application of any provision
of this Act to any person or circumstance is held invalid, the
application of such provision or circumstance and the remainder of this
Act shall not be affected thereby.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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