Official Actions To Address Threats Posed by Unmanned Aircraft Systems To Public Safety or Homeland Security
Official Actions To Address Threats Posed by Unmanned Aircraft Systems To Public Safety or Homeland Security
Official Actions To Address Threats Posed by Unmanned Aircraft Systems To Public Safety or Homeland Security
3 SECURITY.
4 (a) AUTHORITY.Notwithstanding any provision of title 18, United States Code, the
5 head of an Executive department or agency, while respecting privacy, civil rights, and civil
6 liberties, including with regard to the testing of any equipment and the interception or
7 acquisition of communications, may take, and may authorize a covered person to take, the
8 actions described in subsection (b), to the extent otherwise in accordance with law.
17 (2) Redirect, disable, disrupt control of, exercise control of, seize, or
19 or unmanned aircrafts attached system, payload, or cargo that poses a threat to the
3 or cargo that poses a threat to the safety or security of a covered facility, location, or
5 (4) Conduct research, testing, training on, and evaluation of any equipment,
6 including any electronic equipment, to determine its capability and utility to enable
9 aircrafts attached system, payload, or cargo that is disabled, disrupted, seized, controlled,
13 may only be taken following the issuance of Federal Government-wide policy prescribing
14 roles and responsibilities for implementing this section. The Federal Government-wide
16 including the Department of Transportation to ensure the safety and efficiency of the
18 (1) respect privacy, civil rights, and civil liberties, including with regard to
20 by, among other things, ensuring that information is intercepted, acquired, accessed,
21 or retained pursuant to subsections (b) only where and for so long as is necessary to
2 and agencies take the actions described in subsection (b) in compliance with
3 applicable law and regulation regarding the management of the radio frequency
4 spectrum;
5 (3) consider each departments and agencys responsibilities for the safety or
6 security of its facilities, locations, installations, and operations in the United States;
7 and
8 (4) develop standards and procedures for heads of departments and agencies
10 covered person, which shall ensure that only individuals with appropriate training
12 persons.
13 (e) IMPLEMENTATION.
18 (B) shall issue policies, procedures, or plans to carry out this section.
20 this subsection shall develop the actions in subsection (b) in coordination with the
21 Secretary of Transportation.
23 pursuant to this section that would result in the monitoring, interception, or other
3 system, payload, or cargo shall be reviewed consistent with section 522 of the
4 Consolidated Appropriations Act, 2005 (42 U.S.C. 2000ee-2), to ensure that the
6 liberties.
8 jurisdiction to hear any cause or claim, including for money damages, against a covered
11 (1) restrict the authority of the United States Government, a member of the
13 any action described in subsection (b) or (c) that is in accordance with law;
14 (2) affect the exercise of authority granted by section 130i of title 10, United
15 States Code, and section 4510 of the Atomic Energy Defense Act (50 U.S.C. 2661);
16 or
17 (3) restrict or limit the authority of the Federal Aviation Administration under
18 title 49, United States Code, to manage the safe and efficient use of the National
19 Airspace System.
21 section, and any regulations, policies, procedures, and plans issued under this section, shall
22 be exempt from disclosure under section 552(b)(3) of title 5, United States Code, and
23 exempt from disclosure under any State or local law requiring the disclosure of information.
2 (1) The term covered facility, location, or installation means any non-
3 mobile asset in the United States that is designated by the head of a department or
5 (d).
12 and
13 (B) may include, but is not limited to, search and rescue operations;
15 the United States border; a National Security Special Event or Special Event
21 (3) The term covered person means any member of the Armed Forces, a
2 capacity.
4 communications have the meaning given those terms in section 2510 of title 18.
5 (5) The terms unmanned aircraft and unmanned aircraft system have the
6 meaning given those terms in section 331 of the FAA Modernization and Reform Act
8 (6) The term United States means any State of the United States, the
9 District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
10 American Samoa, the Commonwealth of the Northern Mariana Islands, and any
12 (j) SUNSET.This section shall cease to have effect on December 31, 2022.
Potential liability under such laws restricts innovation, evaluation, and operational
use of technical countermeasures that can address the unique public safety and
homeland security threats posed by UAS while minimizing collateral risk. The
proposed legislation provides a savings clause under title 18, United States Code,
for authorized development or use of such countermeasures.
Subsection (a) sets forth the savings clause discussed above. Though many
provisions in Title 18 may conflict with authorized Counter-UAS activities, certain
statutes are especially problematic. For example, sections 25102522 of title 18,
United States Code (the Wiretap Act), among other things, subject any person who
intentionally intercepts the contents of electronic communications to fines,
imprisonment, and/or civil liability, and sections 31213127 of title 18, United
States Code (the Pen/Trap Statute), among other things, generally prohibit the
installation or use of a device to collect non-content information of electronic
communications. In addition, section 1030 of title 18, United States Code (the
Computer Fraud and Abuse Act) prohibits unauthorized access to and use of
protected computers. These statutes might be construed to prohibit access to or
interception of the telemetry, signaling information, or other communications of
UAS. Furthermore, any attempt to interfere with the flight of UAS that pose a
threat to covered facilities, locations and installations or covered operations may
Subsection (b) describes the specific actions referenced in subsection (a), which
relate to the UAS context. The proposed legislation would generally allow
research, testing, training on, and evaluating technical means for countering UAS,
as well as the use of technical means to detect, identify, monitor, and track a UAS
to evaluate whether it poses a threat to the safety or security of covered facilities,
locations, and installations or covered operations. With respect to the use of
technical means to re-direct, disable, disrupt control of, exercise control of, seize,
or confiscate UAS, the proposed legislation would allow such actions in response
to a UAS posing a threat to the safety or security of covered facilities, locations,
and installations or covered operations. Subsection (b)(3) of the proposed
legislation would allow the use of reasonable force to disable, disrupt, damage or
destroy a UAS posing a threat to the safety or security of covered facilities,
locations, and installations or covered operations.
Subsection (c) authorizes, but does not require, civil forfeiture of UAS that are
subject to authorized actions described in subsection (b).
Subsection (d) provides that the actions in subsections (b) and (c) may be taken
only after the issuance of government-wide policy prescribing roles and
responsibilities for implementing this section. That policy would be developed in
consultation with appropriate departments and agencies, including the Secretary of
Transportation to ensure the safety and efficiency of the NAS. Requiring the
development of government-wide policy ensures that departments and agencies
execute UAS countermeasures in a coordinated and effective manner, and that such
activities are subject to appropriate oversight and control. A whole-of-government
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Subsection (e) provides that departments and agencies must issue policies,
procedures, or plans to carry out this section, consistent with any limitations or
specifications in the government-wide policy. Departments and agencies may also
issue regulations to carry out this section. Subsection (e)(2) provides that
departments and agencies must develop the actions issued under this subsection in
coordination with the Secretary of Transportation. This provision intends to foster
airspace safety by ensuring that departments and agencies engage with the
Secretary of Transportation early on to identify and mitigate any potential collateral
impacts on the NAS. In the NDAA for FY 2017, Congress similarly recognized the
importance of preserving a coordinating role for the Secretary of Transportation in
the development of the actions for countering UAS. The term "coordination" in
subsection (e)(2) means that the heads of departments and agencies will seek the
views, information, and advice of the Secretary of Transportation concerning any
potential effects on the NAS as department and agencies develop the types of
actions to be taken and the circumstances of execution under this provision. The
Secretary of Transportation will provide such views, information, and advice in a
reasonably prompt manner. If the Secretary of Transportation notifies the head of
a department or agency that taking the proposed actions would affect aviation safety
or NAS operations, the head of the department or agency concerned will work
collaboratively with the Secretary of Transportation to consider proposed actions
to mitigate or otherwise address effects on aviation safety, air navigation services,
and NAS efficiencyconsistent with national or homeland security and law
enforcement requirementsprior to finalizing the types of actions authorized to be
taken under this provision.
Subsection (g) clarifies that the proposed legislation does not affect Federal
agencies authority to continue testing and/or using technical means for countering
UAS that comport with title 18, United States Code, and other applicable law,
including the aforementioned sections of the NDAA for FY 2017. In addition, the
proposed legislation clarifies that it does not restrict or limit the authority of the
Federal Aviation Administration, which remains the exclusive Federal agency with
authority over the nations airspace and authority to manage the safe and efficient
use of the NAS.
Subsection (h) provides exemptions from disclosure under State and Federal law
for information relating to the technology used pursuant to the proposed legislation,
and specific policies, procedures, or plans issued thereunder.
Subsection (i) clarifies that unmanned aircraft and unmanned aircraft system
have the meanings given those terms by the FAA Modernization and Reform Act
of 2012. The term covered facilities, locations and installations is defined to
mean non-mobile assets in the United States that are designated by the respective
agency head pursuant to standards and procedures developed in government-wide
policy. The term covered person is defined to mean any member of the Armed
Forces, a Federal officer, employee, agent, or contractor, or any other individual
that is designated by the respective department or agency head in accordance with
the standards and procedures established in government-wide policy. The term
covered operations is defined to mean governmental operations that are
determined by an agency head, consistent with government-wide policy, to be
important to public safety, law enforcement, or national or homeland security.
Subjection (j) provides that the legislation ceases to have effect on December 31,
2022.
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