[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8610 Reported in House (RH)]
<DOC>
Union Calendar No. 592
118th CONGRESS
2d Session
H. R. 8610
[Report No. 118-698, Part I]
To reauthorize and reform counter-unmanned aircraft system authorities,
to improve transparency, security, safety, and accountability related
to such authorities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 4, 2024
Mr. Green of Tennessee (for himself, Mr. Thompson of Mississippi, Mr.
Graves of Missouri, Mr. Larsen of Washington, and Mr. Nadler)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committees on
the Judiciary, and Homeland Security, 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
September 20, 2024
Additional sponsors: Mr. Graves of Louisiana and Mr. Magaziner
September 20, 2024
Reported from the Committee on Transportation and Infrastructure with
an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
September 20, 2024
Committees on the Judiciary and Homeland Security discharged; committed
to the Committee of the Whole House on the State of the Union and
ordered to be printed
[For text of introduced bill, see copy of bill as introduced on June 4,
2024]
_______________________________________________________________________
A BILL
To reauthorize and reform counter-unmanned aircraft system authorities,
to improve transparency, security, safety, and accountability related
to such authorities, 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; 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.
Union Calendar No. 592
118th CONGRESS
2d Session
H. R. 8610
[Report No. 118-698, Part I]
_______________________________________________________________________
A BILL
To reauthorize and reform counter-unmanned aircraft system authorities,
to improve transparency, security, safety, and accountability related
to such authorities, and for other purposes.
_______________________________________________________________________
September 20, 2024
Reported from the Committee on Transportation and Infrastructure with
an amendment
September 20, 2024
Committees on the Judiciary and Homeland Security discharged; committed
to the Committee of the Whole House on the State of the Union and
ordered to be printed
H.R. 8610 (RH) - Counter-UAS Authority Security, Safety, and Reauthorization Act
Bill Metadata
Publish Date: Sep 21, 2024
Scanned and Processed on: Sep 24, 2024
Official Title: To reauthorize and reform counter-unmanned aircraft system authorities, to improve transparency, security, safety, and accountability related to such authorities, and for other purposes.
Actions
- 2024-06-04: Mr. Green of Tennessee (for himself, Mr. Thompson of Mississippi, Mr. Graves of Missouri, Mr. Larsen of Washington, and Mr. Nadler) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on the Judiciary, and Homeland Security, 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
- 2024-09-20: Additional sponsors: Mr. Graves of Louisiana and Mr. Magaziner
- 2024-09-20: Reported from the Committee on Transportation and Infrastructure with an amendment
- 2024-09-20: Committees on the Judiciary and Homeland Security discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
Congress Members
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