Sec. 3. Counter-UAS activities on commercial service airport property
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/bill/117/s/4801/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding any other provision of law and subject to paragraph (3), with respect to a commercial service airport, the following departments and agencies may, in a manner consistent with the Fourth Amendment to the Constitution of the United States, carry out Counter-UAS activities for purposes of detecting, identifying, and mitigating the threats posed by an unmanned aircraft or unmanned aircraft system to the safety or security of the airport: The Department of Homeland Security. The State and local law enforcement agencies in the State in which the airport is located. The law enforcement agency of the airport. Subject to paragraphs
(3)and (4), the Secretary of Homeland Security, the heads of the State or local law enforcement agencies of the State in which a commercial service airport is located, or the law enforcement agency of the commercial service airport, may research, test, provide training on, and evaluate any equipment, including any electronic equipment, to determine the capability and utility of the equipment to carry out Counter-UAS activities to detect, identify, and mitigate the threats posed by an unmanned aircraft or unmanned aircraft system to the safety or security of the airport. Activities permitted under paragraph
(1)or
(2)shall only be carried out with the consent of, in consultation with, and with the participation of, the airport operator. Any testing of non-kinetic equipment carried out under the authority of this subsection shall be done in consultation with the Federal Communications Commission and the National Telecommunications and Information Administration. Before adopting any standard operating procedures within a tactical response plan for use of non-kinetic equipment to carry out a Counter-UAS activity under the authority of this section, the Secretary of Homeland Security and the heads of the State, local, or airport law enforcement agencies of the State in which a commercial service airport is located, shall do the following: Consult with the Federal Communications Commission and the National Telecommunications and Information Administration about the use of non-kinetic equipment to carry out a Counter-UAS activity consistent with the tactical response plan updates required under subsection (c). Jointly, with the Federal Communications Commission and the National Telecommunications and Information Administration, create a process for an authorized designee of the commercial service airport to, consistent with procedures outlined in the tactical response plan (as updated under subsection (c)), notify the Commission when non-kinetic equipment has been used to carry out a Counter-UAS activity. The Federal Communications Commission and the National Telecommunications and Information Administration shall— not later than 30 days after the date of enactment of this Act, assign to an office of the Commission and to an office of the Administration, respectively, responsibility for carrying out the consultation regarding the use of non-kinetic equipment to carry out Counter-UAS activities required by paragraph (1)(A) and the consultation regarding the testing of non-kinetic equipment required by subsection (a)(4); and not later than 180 days after the responsibility described in subparagraph
(A)is assigned to each such office— publicly designate an office of the Commission and an office of the Administration, respectively, to receive the notifications from commercial service airports required under paragraph (1)(B); and make publicly available the process for the Commission and the Administration to carry out any follow up consultation, if necessary. To the greatest extent practicable, the Federal Communications Commission and the National Telecommunications and Information Administration shall coordinate with respect to the consultations, process creation, follow up consultations, and other requirements of this subsection and subsection (a)(4) so as to minimize duplication of requirements, efforts, and expenditures. Not later than 2 years after the date of enactment of this Act, the airport director of each commercial service airport shall convene a task force for purposes of establishing or modifying the emergency action preparedness plan for the airport to include a tactical response plan for the detection, identification, and mitigation of threats posed by an unmanned aircraft or unmanned aircraft system. Each task force convened under paragraph
(1)shall coordinate the establishing or modifying of the airport's emergency action preparedness plan with representatives of the following: The Department of Transportation. The Federal Aviation Administration. The Department of Homeland Security. The State and local law enforcement agencies in the State in which the airport is located. The law enforcement agency of the airport. The covered air carriers operating at the airport. Representatives of general aviation operators at the airport. Representatives of providers of telecommunications and broadband service with a service area that covers the airport property or the navigable airspace necessary to ensure safety in the takeoff and landing of aircraft at such airport. As part of the inclusion of a tactical response plan in the emergency action preparedness plan for a commercial service airport, each task force convened under paragraph
(1)shall do the following: Create and define the various threat levels posed by an unmanned aircraft or unmanned aircraft system to the airport. Create the standard operating procedures for responding to each threat level defined under subparagraph
(A)that include a requirement to minimize collateral damage. Define and assign to each entity specified in paragraph (2), the role and responsibilities of the entity in carrying out the standard operating procedures for responding to a specified threat posed by an unmanned aircraft or unmanned aircraft system to the airport. Designate the applicable State and local law enforcement agencies, or the law enforcement agency of the airport, in coordination with the Department of Homeland Security, as the first responders to any specified threat posed by an unmanned aircraft or unmanned aircraft system to the airport. Narrowly tailor the use of non-kinetic Counter-UAS equipment (if applicable under the standard operating procedures) to only temporary activities necessary to mitigate an immediate threat posed by an unmanned aircraft or unmanned aircraft system to the airport. Incorporate any existing Federal guidance for updating airport emergency plans for responding to unauthorized unmanned aircraft system operations into 1 tactical response plan for addressing threats posed by an unmanned aircraft or unmanned aircraft system. Nothing in this subsection shall be construed to require multiple tactical response plans or emergency action preparedness plans for addressing the threats posed by an unmanned aircraft, an unmanned aircraft system, or unauthorized unmanned aircraft system operations. Notwithstanding section 47102 of title 49, United States Code, the definition of the term airport development under that section shall include the purchase of equipment necessary to carry out Counter-UAS activities at commercial service airports. Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration and the Administrator of the Transportation Security Administration acting jointly and in collaboration with airport directors of commercial service airports, shall— publish guidance regarding best practices for use of Counter-UAS Activities at commercial service airports; and make such guidance available to the airport director for each commercial service airport in the United States. The guidance issued under this subsection shall be annually updated to incorporate the most recent results and conclusions regarding best practices for the use of Counter-UAS activities at commercial service airports.