HR1386-119

1. Department of State Domestic Protection Mission Notwithstanding section 46502 of title 49, United States Code, sections 32, 1030, 1367, and chapters 119 and 206 of title 18, United States Code, or section 705 of the Communications Act of 1934, the Secretary of State may take, and may authorize appropriate personnel, including Bureau of Diplomatic Security personnel and contractors, with assigned duties that include safety, security, or protection of personnel, facilities, or assets, to take, such actions described in subsection (b)(1) that are necessary to mitigate a credible threat (as defined by the Secretary of State, in consultation with the Federal Aviation Administration) that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset. The actions described in this paragraph are the following: During the operation of the unmanned aircraft system, detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication used to control the unmanned aircraft system or unmanned aircraft. Warn the operator of the unmanned aircraft system or unmanned aircraft, including by passive or active, and direct or indirect physical, electronic, radio, and electromagnetic means. Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned aircraft. Seize or exercise control of the unmanned aircraft system or unmanned aircraft. Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft. Use reasonable force to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft. Notwithstanding section 46502 of title 49, United States Code, sections 32, 1030, 1367, and chapters 119 and 206 of title 18, United States Code, or section 705 of the Communications Act of 1934, the Secretary of State shall conduct research, testing, training on, and evaluation of any equipment, including any electronic equipment, to determine its capability and utility prior to the use of any such technology for any action described in paragraph (1). Personnel, including contractors, who do not have duties that include the safety, security, or protection of people, facilities, or assets may engage in research, testing, training, and evaluation activities pursuant to this section. The Secretary shall coordinate procedures governing research, testing, training, and evaluation for carrying out any provision in this section with the Administrator of the Federal Aviation Administration before initiating such activities so the Administrator may ensure the activities do not adversely impact or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system. Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by the Secretary of State is subject to forfeiture to the United States pursuant to the provisions of chapter 46 of title 18, United States Code. The Secretary of State and the Secretary of Transportation, in consultation with the Assistant Secretary of Commerce for Communications and Information of the National Telecommunications and Information Administration, may prescribe regulations and shall issue guidance in the respective areas of each Secretary to carry out this section. The Secretary of State shall develop the actions described in subsection (b)(1) in coordination with the Secretary of Transportation (through the Administrator of the Federal Aviation Administration), and the Assistant Secretary of Commerce for Communications and Information of the National Telecommunications and Information Administration. The Secretary of State shall coordinate with the Administrator of the Federal Aviation Administration prior to any action authorized by this section so the Administrator may ensure the action does not adversely impact or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system. The Secretary of State shall coordinate the development of guidance and regulations under subsection (d) with the Federal Aviation Administration, the Federal Communications Commission, and the National Telecommunications and Information Administration. Before issuing any guidance under subsection (d), or otherwise implementing this section, the Secretary of State shall coordinate with the Administrator of the Federal Aviation Administration to ensure such guidance or implementation is designed to preserve safe airport operations, navigation, air traffic services, and the safe and efficient operation of the national airspace system. The regulations prescribed or guidance issued under subsection (d) shall ensure that— the interception or acquisition of, 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 and applicable provisions of Federal law; communications to or from an unmanned aircraft system are intercepted, acquired, or accessed only to the extent necessary to support the actions described in subsection (b); records of such communications are maintained only for as long as necessary, and in no event more than 180 days, unless the Secretary of State determines that maintenance of such records— is necessary to investigate or assist in the prosecution of a violation of law; is necessary to directly support an ongoing security, law enforcement, or national defense operations; or is required under Federal statue, regulation, or for the purpose of litigation; and such communications are not disclosed outside the Department of State unless the disclosure— is necessary to investigate or assist in the prosecution of a violation of law; would support the Department of Defense, a Federal law enforcement, intelligence, or security agency, or a State, local, tribal, or territorial law enforcement agency; would support the enforcement activities of a regulatory agency of the Federal Government in connection with a criminal or civil investigation of, or any regulatory, statutory, or other enforcement action relating to, an action described in subsection (b); is between the Department of State and a Federal, State, local, tribal, or territorial law enforcement agency in the course of a security or protection operation of either agency or a joint operations of such agencies; or is otherwise required by law. The Secretary of State shall submit to Congress, as a part of the budget presentation documents for each fiscal year following the enactment of this provision, a consolidated funding display that identifies the funding source for the actions described in subsection (b)(1) within the Department of State. The funding display shall be in unclassified form but may contain a classified annex. The Secretary is authorized to use, solicit, or accept from any other Federal agency, or any other public or private entity, supplies, services, or funds to facilitate or take the actions provided for in subsection (b). The Secretary may use, solicit, or accept such supplies, services, or funds with or without reimbursement and notwithstanding any provision of law that would prevent such use or acceptance. The Secretary in implementing subsection (l)(3)(C) may enter into agreements with other executive agencies and with appropriate officials of other non-Federal public or private agencies or entities, as may be necessary and proper to carry out their responsibilities under this section. The Secretary is authorized to provide support or assistance, upon the request of an agency or department conducting a mission specified in section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n), section 130i of title 10, United States Code, or section 4510 of the Atomic Energy Defense Act (50 U.S.C. 2661), in fulfilling the requesting agency’s or department’s roles and responsibilities for that mission, when exigent circumstances exist, limited to a specified timeframe and location, within available resources, on a reimbursable or non-reimbursable basis, in coordination with the Federal Aviation Administration. On a semiannual basis beginning six months following the enactment of this provision during the seven-year period beginning upon enactment of this provision, the Secretary of State and the Secretary of Transportation shall jointly provide a briefing to the appropriate congressional committees on the activities carried out pursuant to this section. Such briefings shall include a description of— policies, programs, and procedures to mitigate or eliminate impacts of such activities to the National Airspace System; instances where actions described in subsection (b)(1) have been taken; the guidance, policies, or procedures established to address privacy, civil rights, and civil liberties issues implicated by the actions authorized under this section and any changes or subsequent efforts that would significantly affect privacy, civil rights, or civil liberties; how the Secretaries have informed the public as to the possible use of authorities under this section; how the Secretaries have engaged with Federal, State, and local law enforcement agencies to implement and use such authorities; and a description of the impact of the authorities granted under this section on lawful operator access to national airspace and UAS integration into the national airspace system. Each briefing under paragraph (1) shall be in unclassified form but may be accompanied by an additional classified briefing. Nothing in this section may be construed to— vest in the Secretary of State any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration under title 49, United States Code; and vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary of State. The authority provided by subsection (a) shall terminate on the date that is 7 years after the enactment of this Act. In this section— the term appropriate congressional committees means— the Senate Foreign Relations Committee and the House Foreign Affairs Committee; the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Commerce, Science, and Transportation of the Senate; and the Permanent Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Transportation and Infrastructure of the House of Representatives; the term budget, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31, United States Code; the term covered facility or asset means any facility or asset that— is identified as high-risk and a potential target for unlawful unmanned aircraft activity by the Secretary of State, in coordination with the Federal Aviation Administration, with respect to potentially impacted airspace, through a risk-based assessment for purposes of this section; is located in the United States (including the territories and possessions of the United States); directly relates to the security and protective missions of the Department of State, including those consistent with— the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4801, et seq.); and section 37 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709); and when fulfilling personal protection responsibilities consistent with 22 U.S.C. 4802(a)(1)(D), 4802(a)(2)(B)(vii), 4802 (a)(2)(B)(viii), and 2709(a)(3), is limited to a specified timeframe at a static location; the terms electronic communication, intercept, oral communication, and wire communication have the meanings given those terms in section 2510 of title 18, United States Code; the term personnel— means officers, employees, and contractors of the Department of State with assigned duties that include safety, security, or protection of personnel, facilities, or assets and who are trained and certified to perform such duties, including training specific to countering unmanned aircraft threats and mitigating risks in the national airspace; and includes contractors conducting operations under subsections (a) and (b) if the contractors are— directly contracted by the Department of State; operating at a government owned or government leased facility; not conducting inherently governmental functions; and trained and certified by the Department of State as meeting established Department guidance and regulations; the term risk-based assessment includes an evaluation of threat information specific to a covered facility or asset and, with respect to potential impacts on the safety and efficiency of the national airspace system and the needs of law enforcement and national security at each covered facility or asset identified by the Secretary, of each of the following factors: Potential impacts to safety, efficiency, and use of the national airspace system, including potential effects on manned aircraft and unmanned aircraft 30 systems, aviation safety, airport operations, infrastructure, and air navigation services related to the use of any system or technology for carrying out the actions described in subsection (b)(1). Options for mitigating any identified impacts to the national airspace system related to the use of any system or technology, including minimizing when possible the use of any technology which disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (b)(1). Potential consequences of the impacts of any actions taken under subsection (b)(l) to the national airspace system and infrastructure if not mitigated. The ability to provide reasonable advance notice to aircraft operators consistent with the safety of the national airspace system and the needs of law enforcement and national security. The setting and character of any covered facility or asset, including whether it is located in a populated area or near other structures, whether the facility is open to the public, whether the facility is also used for nongovernmental functions, and any potential for interference with wireless communications or for injury or damage to persons or property. Potential consequences to national security, public safety, or law enforcement if threats posed by unmanned aircraft systems are not mitigated or resolved; and the terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section 44801 of title 49, United States Code.