Sec. 321. Protection of Central Intelligence Agency facilities and assets from unmanned aircraft
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The Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3501 et seq. ) is amended by inserting after section 15 the following new section: In this section: 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 congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ).
The term congressional judiciary committees means— the Committee on the Judiciary of the Senate; and the Committee on the Judiciary of the House of Representatives. The term congressional transportation and infrastructure committees means— the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives. The term covered facility or asset means the headquarters compound of the Agency and the property controlled and occupied by the Federal Highway Administration located immediately adjacent to such compound (subject to a risk-based assessment as defined for purposes of this section), or any other installation and protected property of the Agency where the facility or asset— is identified as high risk and a potential target for unlawful unmanned aircraft activity by the Director, in coordination with the Secretary of Transportation, with respect to potentially affected airspace, through a risk-based assessment for purposes of this section; is located in the United States; and directly relates to one or more functions authorized to be performed by the Agency, pursuant to the National Security Act of 1947 ( 50 U.S.C. 3001 et seq. ) or this Act.
The term electronic communication has the meaning given such term in section 2510 of title 18, United States Code. The term intercept has the meaning given such term in section 2510 of title 18, United States Code. The term radio communication has the meaning given that term in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ). The term risk-based assessment includes an evaluation of threat information specific to a covered facility or asset and, with respect to potential effects on the safety and efficiency of the national airspace system and the needs of national security at each covered facility or asset identified by the Director, an evaluation of each of the following factors:
Potential effects on safety, efficiency, and use of the national airspace system, including potential effects on manned aircraft and unmanned aircraft systems, aviation safety, airport operations, infrastructure, and air navigation services relating to the use of any system or technology for carrying out the actions described in subsection (c)(1). Options for mitigating any identified effects on the national airspace system relating to the use of any system or technology, including minimizing when possible the use of any system or technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (c)(1).
Potential consequences of any actions taken under subsection (c)(1) 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 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, and any potential for interference with wireless communications or for injury or damage to persons or property.
Potential consequences to national security if threats posed by unmanned aircraft systems or unmanned aircraft are not mitigated or defeated. The term oral communication has the meaning given such term in section 2510 of title 18, United States Code. The term United States has the meaning given such term in section 5 of title 18, United States Code. The terms unmanned aircraft and unmanned aircraft system have the meanings given such terms in section 44801 of title 49, United States Code.
The term wire communication has the meaning given such term in section 2510 of title 18, United States Code. Notwithstanding section 46502 of title 49, United States Code, section 32, 1030, or 1367 of title 18, United States Code, or chapter 119 or 206 of such title, the Director may take, and may authorize personnel of the Agency with assigned duties that include the security or protection of people, facilities, or assets within the United States, to take— such actions described in subsection (c)(1) that are necessary to detect, identify, monitor, track, or mitigate a credible threat (as defined by the Director, in consultation with the Secretary of Transportation) that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset; and such actions described in subsection (c)(2).
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 doing so passively or actively, and by 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 with, 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, if necessary, to seize or otherwise disable, damage, or destroy the unmanned aircraft system or unmanned aircraft. The Director shall conduct research, testing, and training on, and evaluation of, any equipment, including any electronic equipment, to determine the capability and utility of the equipment prior to the use of the equipment for any action described in paragraph (1). Personnel and 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 Director shall develop the actions described in paragraph
(1)in coordination with the Secretary of Transportation. The Director shall coordinate with the Administrator of the Federal Aviation Administration on any action described in paragraphs
(1)and
(3)so the Administrator may ensure that unmanned aircraft system detection and mitigation systems do not adversely affect 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
(b)that is seized by the Director is subject to forfeiture to the United States. The Director and the Secretary of Transportation may each prescribe regulations, and shall each issue guidance, to carry out this section. The Director shall coordinate the development of guidance under paragraph
(1)with the Secretary of Transportation. The Director shall coordinate with the Secretary of Transportation and the Administrator of the Federal Aviation Administration before issuing any guidance, or otherwise implementing this section, so the Administrator may ensure that unmanned aircraft system detection and mitigation systems do not adversely affect or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system. The regulations prescribed or guidance issued under subsection
(e)shall ensure that— the interception or acquisition of, access to, or maintenance or use of, communications to or from an unmanned aircraft system or unmanned aircraft 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; communications to or from an unmanned aircraft system or unmanned aircraft are intercepted or acquired only to the extent necessary to support an action described in subsection (c); records of such communications are maintained only for as long as necessary, and in no event for more than 180 days, unless the Director determines that maintenance of such records for a longer period is required under Federal law or necessary for the investigation or prosecution of a violation of law, to fulfill a duty, responsibility, or function of the Agency, or for the purpose of any litigation; such communications are not disclosed outside the Agency unless the disclosure— is necessary to investigate or prosecute a violation of law; would support the Agency, the Department of Defense, a Federal law enforcement, intelligence, or security agency, or a State, local, tribal, or territorial law enforcement agency, or other relevant person or entity if such entity or person is engaged in a security or protection operation; is necessary to support a department or agency listed in subparagraph
(B)in investigating or prosecuting a violation of law; 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
(c)that is necessary to fulfill a duty, responsibility, or function of the Agency; is necessary to protect against dangerous or unauthorized activity by unmanned aircraft systems or unmanned aircraft; is necessary to fulfill a duty, responsibility, or function of the Agency; or is otherwise required by law. The Director shall submit to the congressional intelligence committees, as a part of the budget requests of the Agency for each fiscal year after fiscal year 2024, a consolidated funding display that identifies the funding source for the actions described in subsection (c)(1) within the Agency. The funding display shall be in unclassified form, but may contain a classified annex. Not later than 180 days after the date of the enactment of this section, and semiannually thereafter, the Director shall provide the congressional intelligence committees, the congressional judiciary committees, and the congressional transportation and infrastructure committees a briefing on the activities carried out pursuant to this section during the period covered by the briefing. Each briefing under paragraph
(1)shall be conducted jointly with the Secretary of Transportation. Each briefing under paragraph
(1)shall include the following: Policies, programs, and procedures to mitigate or eliminate effects of such activities on the national airspace system and other critical national transportation infrastructure. A description of instances in which actions described in subsection (c)(1) have been taken, including all such instances that may have resulted in harm, damage, or loss to a person or to private property. A description of the guidance, policies, or procedures established to address privacy, civil rights, and civil liberties issues implicated by the actions allowed under this section, as well as any changes or subsequent efforts that would significantly affect privacy, civil rights, or civil liberties. A description of options considered and steps taken to mitigate any identified effects on the national airspace system relating to the use of any system or technology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (c)(1). A description of instances in which communications intercepted or acquired during the course of operations of an unmanned aircraft system or unmanned aircraft were maintained for more than 180 days or disclosed outside the Agency. How the Director and the Secretary of Transportation have informed the public as to the possible use of authorities under this section. How the Director and the Secretary of Transportation have engaged with Federal, State, local, territorial, or tribal law enforcement agencies to implement and use such authorities. An assessment of whether any gaps or insufficiencies remain in laws, regulations, and policies that impede the ability of the Agency to counter the threat posed by the malicious use of unmanned aircraft systems or unmanned aircraft, and any recommendations to remedy such gaps or insufficiencies. Each briefing under paragraph
(1)shall be in unclassified form, but may be accompanied by an additional classified report. Not later than 30 days before exercising any authority under this section at a covered facility or asset for the first time doing so at such covered facility or asset, the Director shall submit to the congressional intelligence committees— notice that the Director intends to exercise authority under this section at such covered facility or asset; and a list of every covered facility and asset. Not later than 30 days after deploying any new technology to carry out the actions described in subsection (c)(1), the Director shall submit to the congressional intelligence committees a notification of the use of such technology. Each notice submitted pursuant to clause
(i)shall include a description of options considered to mitigate any identified effects on the national airspace system relating to the use of any system or technology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (c)(1). Nothing in this section may be construed— to vest in the Director any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration; or to vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Director. Nothing in this section shall be construed to provide the Director or the Secretary of Transportation with additional authorities beyond those described in subsections
(b)and (d). The authority to carry out this section with respect to the actions specified in subparagraphs
(B)through
(F)of subsection (c)(1) shall terminate on the date that is 10 years after the date of enactment of the Intelligence Authorization Act for Fiscal Year 2024 . The President may extend by 1 year the termination date specified in paragraph
(1)if, before termination, the President certifies to Congress that such extension is in the national security interests of the United States. .
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Sec. 321
Protection of Central Intelligence Agency facilities and assets from unmanned aircraft
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