Sec. 4319. Protecting against unmanned aircraft
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Chapter 5 of title 14, United States Code, as amended by this division, is further amended by inserting after section 527 the following: Notwithstanding title 18 (including section 32, section 1030, sections 2510–2522, and sections 3121–3127), and section 46502 of title 49, the Secretary, or the Secretary’s designee, may take such actions described in subsection (c)(1) as are necessary to mitigate the threat, as defined by the Secretary in consultation with the Secretary of Transportation, that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered vessel or aircraft.
The Secretary, or the Secretary’s designee, shall coordinate with the Secretary of Transportation, including the Administrator of the Federal Aviation Administration, before issuing any guidance or implementing any program or procedures to carry out this section that might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of the airspace. The actions described in this paragraph are the following: 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, oral, or 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. The Secretary shall develop the actions described in paragraph
(1)in coordination with the Secretary of Transportation. Any unmanned aircraft system or unmanned aircraft described in subsection
(a)that is seized by the Secretary is subject to forfeiture to the United States. The Secretary and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of each Secretary to carry out this section. The Secretary and the Secretary of Transportation shall coordinate in the development of such guidance. In this section: The term covered vessel or aircraft means a vessel or aircraft that— is a vessel or aircraft operated by the Coast Guard; or is a vessel the Coast Guard is assisting or escorting; is located in the United States (including the territories and possessions of the United States); and is directly involved in a mission of the Coast Guard pertaining to— assisting or escorting a vessel of the Department of Defense; assisting or escorting a vessel of national security significance, a high interest vessel, a high capacity passenger vessel, or a high value unit, as those terms are defined by the Secretary; section 91(a) of this title; assistance in protecting the President or the Vice President (or other officer next in order of succession to the Office of the President) pursuant to the Presidential Protection Assistance Act of 1976 ( 18 U.S.C. 3056 note); protection of a National Special Security Event, as designated by the Secretary; air defense of the United States, including air sovereignty, ground-based air defense, and the National Capital Region integrated air defense system; or a search and rescue operation. The terms electronic communication , intercept , oral communication , and wire communication have the meaning given those terms in section 2510 of title 18. The term National Special Security Event has the meaning given the term in section 2001 of the Homeland Security Act of 2002 ( 6 U.S.C. 601 ). The terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 ( Public Law 112–95 ; 49 U.S.C. 40101 note). Nothing in this section may be construed to vest in the Secretary any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration under title 49. Nothing in this section may be construed to vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary under title 14. Regulations or guidance issued under subsection
(e)shall ensure that— the interception or acquisition of or access to communications to or from an unmanned aircraft system under this section is conducted in a manner consistent with the Fourth Amendment to the United States Constitution and applicable Federal law; communications to or from an unmanned aircraft system are intercepted, acquired, or accessed only to the extent necessary to support a function of the Department; records of such communications are not maintained for more than 180 days unless the Secretary determines that maintenance of such records— is necessary to support one or more functions of the Department; or is required for a longer period to support a civilian law enforcement agency or by any other applicable law or regulation; and such communications are not disclosed outside the Department unless the disclosure— would fulfill a function of the Department; would support a civilian law enforcement agency or enforcement activities of a regulatory agency in connection with a criminal or civil investigation of, or any regulatory action with regard to, any activity described under subsection (c); or is otherwise required by law or regulation. Not less than 180 days after the date of the enactment of the Coast Guard Authorization Act of 2017 , and every 6 months thereafter until the authority terminates pursuit to subsection (j), the Secretary and the Secretary of Transportation shall jointly provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the activities carried out pursuant to this section. Such briefings shall include— policies, programs, and procedures to mitigate or eliminate impacts of such activities to the National Airspace System; a description of each instance where an action described in subsection (c)(1) has been taken; how the Secretaries have informed the public as to the possible use of authorities under this section; and how the Secretaries have engaged with Federal, State, and local law enforcement agencies to implement and use such authorities. Each briefing under paragraph
(1)shall be in unclassified form, but may be accompanied by an additional classified briefing. The authority pursuant to this section shall expire on December 31, 2020, for Department missions unless the President of the United States certifies to Congress, not less than 45 days prior to the expiration date that retaining authority pursuant to this section is in the national security interests of the United States, thereby extending the authority for those mission areas an additional 180 days. . The analysis for chapter 5 of title 14, United States Code, as amended by this division, is further amended by inserting after the item relating to section 527 the following: 528. Protecting against unmanned aircraft. .
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- Pub. L. 112-95
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Sec. 4319
Protecting against unmanned aircraft
Pub. L.Pub. L. 112-95
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