Sec. 8602. Drone countermeasures to protect public safety and critical infrastructure
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Section 210G of the Homeland Security Act of 2002 ( 6 U.S.C. 124n ) is amended— by striking subsection
(a)and inserting the following: Notwithstanding section 46502 of title 49, United States Code, or sections 32, 1030, 1367 and chapters 119 and 206 of title 18, United States Code, the Secretary and the Attorney General may, for their respective Departments, take and may authorize personnel to take such actions as are described in subsection (b)(1) that are necessary to enforce the law, protect the public, or to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset. Notwithstanding section 46502 of title 49, United States Code, or sections 32, 1030, 1367 and chapters 119 and 206 of title 18, United States Code, notwithstanding the laws of any particular State, local, Tribal, or territorial jurisdiction, and after completing the training detailed in subsection (d)(2), any State, local, Tribal, or territorial law enforcement or correctional agency may, subject to subsection (d)(2), take, and authorize personnel with assigned duties that include the security or protection of people, facilities, or assets, to take such actions as are described in subsection (b)(1) that are necessary to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of people, facilities, and assets, a venue or set of venues used for large-scale public gatherings or events, critical infrastructure, or correctional facilities. ; in subsection (b)(1)(B), by striking and electromagnetic means and inserting electromagnetic means, and through the use of remote identification broadcast or other means ; and in subsection (c)— by inserting pursuant to subsection (a)(1) after Attorney General ; by striking Any unmanned and inserting the following: Any unmanned ; and by adding at the end the following: Any unmanned aircraft system or unmanned aircraft described in subsection
(a)that is seized by a State, local, Tribal, or territorial law enforcement or correctional agency pursuant to subsection (a)(2) is subject to forfeiture under the laws of the agency's jurisdiction. ; in subsection (d)— in paragraph (1), by striking or the Attorney General and inserting , the Attorney General, or any State, local, Tribal, or territorial law enforcement or correctional agency ; by redesignating paragraph
(2)as paragraph (3); and by inserting after paragraph
(1)the following: Only State, local, Tribal, or territorial law enforcement and correctional officers who have been trained and certified by the Attorney General, or the Attorney General’s designee, in coordination with the Secretary of Homeland Security through a national schoolhouse which will serve as the sole certifying authority for State, local, Tribal, territorial, and correctional officers in the use of the authority granted under subsection (a)(2), may exercise authorities in subsection (b)(1)(C), (D), and (F). The Attorney General, in coordination with the Secretary of Homeland Security, the Secretary of Defense, and the Secretary of Transportation, shall, not later than 180 days after the date of enactment of the SAFER SKIES Act , develop training and certification procedures for the use of the authority described in subsection (a)(2) that State, local, Tribal, and territorial law enforcement and correctional officers shall be required to satisfy before taking any actions described in subsection (b)(1). Technologies used by State, local, Tribal, and territorial law enforcement or correctional agencies to take actions described in subsection (b)(1) shall be limited to systems or technologies that are included on a list of authorized technologies maintained jointly by the Department of Justice, the Department of Homeland Security, the Department of Defense, the Department of Transportation, the Federal Communications Commission, and the National Telecommunications and Information Administration. The Attorney General, in coordination with the Secretary of Homeland Security and the Administrator of the Federal Aviation Administration, shall oversee compliance with the requirements set forth in subsection
(e)with respect to the use of the authority granted under subsection (a)(2) by each State, local, Tribal, and territorial law enforcement agency that has been certified pursuant to the training and certification requirements described in subparagraph (A). Any State, local, Tribal, or territorial law enforcement or correctional agency exercising authority under subsection (a)(2) shall, within 48 hours of taking any mitigation action described in subsection (b)(1), submit a notification to the Attorney General and the Secretary of Homeland Security containing— the date, time, and geographic location of the mitigation action; a brief description of the credible threat or safety concern necessitating such action; the type of mitigation capability employed; and any known operational effects, including the seizure, disabling, or destruction of an unmanned aircraft system or unmanned aircraft. The Attorney General and the Secretary of Homeland Security shall establish a streamlined and secure submission mechanism to support the notification requirement under clause (i). Not later than 1 year after the date of enactment of the SAFER SKIES Act , and biannually thereafter, the Attorney General, in coordination with the Secretary of Homeland Security and the Secretary of Transportation, shall submit to the appropriate congressional committees an unclassified report with a classified annex on activities carried out by State, local, Tribal, and territorial law and correctional enforcement agencies exercising the authority granted under subsection (a)(2) and subject to the training and certification requirements described in subparagraph (A), including— a description of the training and certification procedures developed and implemented pursuant to subparagraph (A)(ii); a list of State, local, Tribal, and territorial law enforcement and correctional agencies that applied for and were certified to exercise the authorities granted by subsection (a)(2); a list of currently authorized technologies pursuant to subparagraph (A)(iii); the frequency, location, and circumstances of State, local, Tribal, territorial, and correctional officers mitigation deployments and types of mitigation employed; a list of any aviation security or safety incidents that occurred due to State, local, Tribal, territorial, and correctional officers deployment of counter-UAS technologies; recommendations for improving State, local, Tribal, and territorial law and correctional agencies counter-UAS training, oversight, compliance, and execution and the compliance audits required by section 8606(b)(2) of the SAFER SKIES Act; and a determination on if State, local, Tribal, and territorial law and correctional agencies are able to fully protect critical infrastructure from the drone threat and if not, recommendations on how to expand counter-UAS authorities to critical infrastructure owners. ; in subsection (e)— in the matter preceding paragraph (1), by striking or the Attorney General and inserting , the Attorney General, or any State, local, Tribal, or territorial law enforcement or correctional agency ; in paragraph (3)— by striking or the Attorney General and inserting , the Attorney General, or any State, local, Tribal, or territorial law enforcement or correctional agency ; by inserting , State, local, Tribal, or territorial after Federal ; and by inserting (as applicable) after law ; in paragraph (4), in the matter preceding subparagraph (A), by striking or the Department of Justice and inserting the Department of Justice, or the State, local, Tribal, or territorial law enforcement or correctional agency ; and in paragraph (5)— by striking tribal and inserting Tribal ; and by inserting other than those of an aeronautical communications system, as allowed for in section 2511(2)(g)(ii)(IV) of title 18, United States Code, or information readily available to the public after which shall not include communications ; in subsection (g)(3)(G)— by inserting Tribal, territorial, after State, ; and by inserting , including those exercised under subsection (a)(2) after authorities ; by redesignating subsections (j), (k), and
(l)as subsections (k), (l), and (m); by striking subsection
(i)and inserting the following: Sections 32, 1030, and 1367 and chapters 119 and 206 of title 18, United States Code, and section 46502 of title 49, United States Code, may not be construed to apply to activities of the Coast Guard, whether under this section or any other provision of law, that— are conducted outside the United States; and are related to the mitigation of threats from unmanned aircraft systems or unmanned aircraft. The authority to carry out this section with respect to a covered facility or asset, protecting the public, and enforcing the law shall terminate on September 30, 2031. Authority of State, local, tribal, and territorial law enforcement and correctional agencies under subsection (a)(2) shall terminate on December 31, 2031. ; in subsection (l), as so redesignated— in paragraph (3)(C) by inserting a Federal law enforcement, correctional, and homeland security agency mission necessary to enforce the law, protect the public or to after directly relates to ; by striking paragraph
(6)and inserting the following: For purposes of subsection (a)(1), the term personnel means officers, employees, contractors, detailed personnel, and deputized personnel who perform Federal law enforcement, correctional, homeland or national security duties. For purposes of subsection (a)(2), the term personnel means officers and employees of State, local, Tribal, and territorial law enforcement and correctional agencies. ; and by adding at the end the following: The term correctional facility means any jail, prison, or any other penal or detention facility operated by a State, local, Tribal, or territorial law enforcement agency, or by a private party that is under contract with a State, local, Tribal, or territorial law enforcement agency, and used to house individuals who have been arrested, detained, held, or charged with or convicted of criminal offenses. The term critical infrastructure has the meaning given the term in subsection
(e)of the Critical Infrastructures Protection Act of 2001 ( Public Law 107–56 ). ; and by adding at the end the following: Not later than 180 days of after the date of enactment of the SAFER SKIES Act , the Secretary of Homeland Security and the Attorney General shall provide the appropriate congressional committees with a plan to establish a reimbursement program for Federal agencies providing counter-UAS protection to events that are not organized or operated by the Federal Government. .
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- Pub. L. 107-56
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Sec. 8602
Drone countermeasures to protect public safety and critical infrastructure
Pub. L.Pub. L. 107-56
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