Sec. 1707. Protection of certain facilities and assets from unmanned aircraft
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Section 130i of title 10, United States Code, is amended— in subsection (a)— by striking any provision of title 18 and inserting section 32, 1030, or 1367 or chapter 119 or 206 of title 18 ; and by striking and after officers and inserting a comma; and by inserting , and contractors after civilian employees ; in subsection (b)(1)(B) by inserting , including through the use of remote identification broadcast or other means after electromagnetic means ; in subsection (c)— by inserting
(1)before Any ; and by adding at the end the following new paragraph: Any forfeiture conducted under paragraph
(1)shall be made subject to the requirements for civil, criminal, or administrative forfeiture. ; in subsection (d)— in paragraph (2), by adding at the end the following new subparagraph: If the Secretary of Transportation notifies the Secretary of Defense that the manner of implementation of this section by the Department of Defense would result in an adverse impact to civil aviation safety, the Secretary of Defense shall consult with the Secretary of Transportation to mitigate adverse impacts. ; and by adding at the end the following new paragraph: The Secretary of Defense shall ensure that the regulations prescribed or guidance issued under paragraph
(1)require that, when taking an action described in subsection (b)(1), all due consideration is given to— mitigating impacts on privacy and civil liberties under the first and fourth amendments to the Constitution of the United States; mitigating damage to, or loss of, real and personal property; mitigating any risk of personal injury or death; and when practicable, obtaining the identification of, or issuing a warning to, the operator of an unmanned aircraft system or unmanned aircraft prior to taking action under subparagraphs
(C)through
(F)of subsection (b)(1), unless doing so would— endanger the safety of members of the armed forces or civilians; create a flight risk or result in the destruction of evidence; or seriously jeopardize an investigation, criminal proceeding, or legal proceeding pursuant to subsection (c). ; in subsection (e)— in paragraph (1)— by striking or before acquisition and inserting a comma; by inserting , maintenance, or use after acquisition ; by inserting first and before fourth ; and by striking amendment and inserting amendments ; in paragraph (2), by striking a function of the Department of Defense and inserting an action described in subsection (b)(1) ; and in paragraph (3)— in the matter preceding subparagraph (A), by striking not maintained and inserting maintained only for as long as necessary, and in no event maintained ; in subparagraph (A), by striking support one or more functions of the Department of Defense and inserting investigate or prosecute a violation of law or to directly support an ongoing security operation ; and in subparagraph (B), by striking for a longer period to support a civilian law enforcement agency or by any other applicable law or regulation and inserting under Federal law or for the purpose of any litigation ; in paragraph (4)— by striking subparagraph
(A)and inserting the following new subparagraph (A): is necessary to support an ongoing action described in subsection (b)(1); ; in subparagraph (B), by striking or after the semicolon; by redesignating subparagraph
(C)as subparagraph (D); and by inserting after subparagraph
(B)the following new subparagraph (C): is necessary to support the counter-unmanned aircraft systems activities of another Federal agency with authority to mitigate the threat of unmanned aircraft systems or unmanned aircraft in mitigating such threats; or ; by redesignating subsection
(j)as subsection (m); by striking subsection (i); by redesignating subsection
(h)as subsection (j); by redesignating subsections
(f)and
(g)as subsections
(g)and
(h)respectively; by inserting after subsection
(e)the following new subsection (f): Claims for loss of property, injury, or death pursuant to actions under subsection
(b)may be made consistent with chapter 171 of title 28, and chapter 163 of this title, as applicable. ; in subsection (h), as redesignated under paragraph
(10)of this section— in the subsection heading, by striking and inserting briefings ; reports by redesignating paragraph
(2)as paragraph (3); in paragraph (1)— by striking 2018 and inserting 2026 ; by striking 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— and inserting shall submit to the appropriate congressional committees and publish on a publicly available website a report summarizing all detection and mitigation activities conducted under this section during the previous year to counter unmanned aircraft systems. ; and by inserting before subparagraph
(A)the following: Each report under paragraph
(1)shall include— ; and in paragraph (3), as redesignated under subparagraph
(B)of this paragraph, by striking but may and inserting and shall ; by inserting after subsection
(h)the following new subsection (i): Not later than 180 days after the date of the enactment of this subsection, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees and publish on a publicly available website a report summarizing all detection and mitigation activities conducted under this section during the previous year to counter unmanned aircraft systems. Each report under paragraph
(1)shall include— information on any violation of, or failure to comply with, the privacy and civil liberties protections referenced in this section by personnel authorized to conduct detection and mitigation activities, including a description of any such violation or failure; data on the number of detection activities conducted, the number of mitigation activities conducted, and the number of instances of communications interception from an unmanned aircraft system; whether any unmanned aircraft that experienced mitigation was engaged in or attempting to engage in activities protected under the first amendment to the Constitution if such intent is readily and reasonably ascertainable; whether any unmanned aircraft or unmanned aircraft system was properly or improperly seized, disabled, damaged, or destroyed and an identification of any methods used to seize, disable, damage, or destroy such aircraft or system; and a description of the efforts of the Federal Government to protect privacy and civil liberties when carrying out detection and mitigation activities under this section to counter unmanned aircraft systems. Each report required under paragraph
(1)shall be submitted and published in unclassified form, but may include a classified annex. ; by inserting after subsection
(j)the following new subsections: The Secretary of Defense, the Attorney General, and the Administrator of the Federal Aviation Administration shall jointly establish by memorandum of understanding an interagency executive committee (referred to in this subsection as the ‘executive committee’), for the purpose of exchanging views, information, and advice relating to the execution of this section. The memorandum of understanding entered into under paragraph
(1)shall include— a description of the officials and other individuals to be invited to participate as members in the executive committee; a procedure for creating a forum to carry out the purpose described in paragraph (1); a procedure for rotating the Chairperson and meeting location of the executive committee; and a procedure for scheduling regular meetings of the executive committee no fewer than three times each calendar year. Not later than April 1 of each year this section is in force, the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report containing— a summary of the use of activities described in subsection (b); an identification of additional missions of the Department of Defense for which the actions described in subsection (b)(1) are appropriate, as identified by the Secretary and including the specific list of facilities, installations, or assets, if any, that would be included if protections described in subsection (b)(1) were extended to facilities associated with the missions in such report; an updated copy of the memorandum of understanding required by subsection (k); a summary of actions taken by the interagency executive committee required by subsection (k); a summary of recommendations produced by each member of the interagency executive committee required by subsection (k), disaggregated by department or agency; and a summary of actions taken as a result of meetings or decisions taken by the interagency executive committee required by subsection
(k)to change procedures, regulations, guidelines, or other governing instruction of the Department of Defense relating to the use of authority provided by this section. ; in subsection (m)(3), as redesignated by paragraph
(7)of this section— by redesignating paragraphs
(3)through
(6)as paragraphs
(4)through (7), respectively; by inserting after paragraph
(2)the following new paragraph (3): The term contractor means a person who— performs functions that support or carry out actions authorized in this section pursuant to a contract or subcontract entered into with an entity of the Department of Defense; and has completed training for the counter-unmanned aircraft system the person will use in performance of such functions, as certified by the Secretary of Defense.” ; and in paragraph (4), as redesignated by subparagraph
(A)of this paragraph— in the matter preceding subparagraph (A), by striking and inserting covered facility or asset means any facility or asset that— ; covered facility or asset— in subparagraph (C), by redesignating clauses
(i)through
(ix)as subclauses
(I)through (IX), respectively; by redesignating subparagraphs
(A)through
(C)as clauses
(i)through (iii); by inserting before clause (i), as redesignated by subparagraph
(C)of this paragraph, the following: means any facility or asset that— ; in subparagraph (A)(iii), as so redesignated— in subclause VIII, as redesignated by subparagraph
(B)of this paragraph, by striking or at the end; in subclause IX, as so redesignated, by striking the period at the end and inserting a semicolon; and by adding at the end the following new subclauses: the physical security of other installations or property owned, leased, or operated by the Department of Defense to which the public is not permitted regular, unrestricted access, determined by the Secretary on a site by site basis to be critical to the national defense and certified as such to the Secretary of Transportation, the Attorney General, and the appropriate congressional committees; or assistance to Federal, State, or local officials in responding to incidents involving nuclear, radiological, biological, or chemical weapons, high-yield explosives, or related materials or technologies, as well as support pursuant to section 282 of this title; and ; and by inserting after subparagraph
(A)the following new subparagraph: includes any persons physically present at any such facility or asset. ; and by inserting after subsection
(m)the following new subsection: The authority to carry out this section shall terminate on December 31, 2030. .