[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8610 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 592
118th CONGRESS
  2d Session
                                H. R. 8610

                      [Report No. 118-698, Part I]

To reauthorize and reform counter-unmanned aircraft system authorities, 
 to improve transparency, security, safety, and accountability related 
              to such authorities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2024

 Mr. Green of Tennessee (for himself, Mr. Thompson of Mississippi, Mr. 
     Graves of Missouri, Mr. Larsen of Washington, and Mr. Nadler) 
 introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committees on 
 the Judiciary, and Homeland Security, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

                           September 20, 2024

     Additional sponsors: Mr. Graves of Louisiana and Mr. Magaziner

                           September 20, 2024

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           September 20, 2024

Committees on the Judiciary and Homeland Security discharged; committed 
   to the Committee of the Whole House on the State of the Union and 
                         ordered to be printed
[For text of introduced bill, see copy of bill as introduced on June 4, 
                                 2024]


_______________________________________________________________________

                                 A BILL


 
To reauthorize and reform counter-unmanned aircraft system authorities, 
 to improve transparency, security, safety, and accountability related 
              to such authorities, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Counter-UAS 
Authority Security, Safety, and Reauthorization Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Protection of certain facilities and assets from unmanned 
                            aircraft systems.
Sec. 4. FAA counter-UAS activities.
Sec. 5. Additional limited authority for detection, identification, 
                            monitoring, and tracking.
Sec. 6. Counter-UAS mitigation law enforcement pilot program.
Sec. 7. Counter-UAS system planning and deployment at airports.
Sec. 8. UAS detection and mitigation enforcement authority.
Sec. 9. Reporting on counter-UAS activities.

SEC. 2. DEFINITIONS.

    (a) Application of Terms.--Unless otherwise specified, the terms in 
section 44801 of title 49, United States Code, shall apply to this Act.
    (b) In General.--In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Homeland Security, the 
                Committee on the Judiciary, and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives; and
                    (B) the Committee on the Judiciary, the Committee 
                on Homeland Security and Governmental Affairs, and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate.
            (2) Covered airport.--The term ``covered airport'' means--
                    (A) a large hub airport (as defined in section 
                47102 of title 49, United States Code);
                    (B) a medium hub airport (as defined in section 
                47102 of title 49, United States Code); or
                    (C) an airport with a total annual landed weight of 
                all-cargo of more than 7,500,000,000 pounds in 2021 or 
                any year thereafter.
            (3) Covered entity.--The term ``covered entity'' means--
                    (A) the owner or proprietor of a covered site; and
                    (B) with respect to a public gathering, the 
                organizing entity of such gathering.
            (4) Covered site.--The term ``covered site'' means--
                    (A) a fixed site facility related to--
                            (i) critical infrastructure, such as energy 
                        production, transmission, distribution 
                        facilities and equipment, and railroad 
                        facilities;
                            (ii) oil refineries and chemical 
                        facilities;
                            (iii) amusement parks; or
                            (iv) State prisons;
                    (B) the location of a large public gathering 
                described in section 44812(c) of title 49, United 
                States Code; or
                    (C) the site with respect to which a flight 
                restriction is maintained pursuant to section 521 of 
                division F of the Consolidated Appropriations Act, 2004 
                (49 U.S.C. 40103 note).

SEC. 3. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED 
              AIRCRAFT SYSTEMS.

    Section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n) 
is amended--
            (1) in subsection (a) by striking ``(as defined by the 
        Secretary or the Attorney General, in consultation with the 
        Secretary of Transportation)'' and inserting ``(as defined by 
        the Secretary and the Attorney General, in coordination with 
        the Secretary of Transportation)'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A) by inserting ``or 
                        unmanned aircraft'' after ``During the 
                        operation of the unmanned aircraft system'';
                            (ii) in subparagraph (D) by striking 
                        ``Seize or exercise control of'' and inserting 
                        ``Seize, exercise control of, or otherwise 
                        confiscate'';
                            (iii) by striking subparagraph (E); and
                            (iv) by redesignating subparagraph (F) as 
                        subparagraph (E); and
                    (B) by striking paragraphs (2) through (4) and 
                inserting the following:
            ``(2) Coordination.--
                    ``(A) In general.--The Secretary and the Attorney 
                General shall coordinate with the Secretary of 
                Transportation in carrying out the actions described in 
                paragraph (1).
                    ``(B) Determination by administrator of federal 
                aviation administration.--Before the Secretary and the 
                Attorney General may take or authorize the taking of an 
                action under this section, the Administrator of the 
                Federal Aviation Administration shall determine if such 
                action would result in an adverse impact on aviation 
                safety, civil aviation and aerospace operations, 
                aircraft airworthiness, or the use of the national 
                airspace system. If the Administration determines such 
                action would not result in such an adverse impact, the 
                Secretary and the Attorney General may take or 
                authorize the taking of such action. If the 
                Administrator determines such action would result in 
                such an adverse impact, the Secretary and the Attorney 
                General shall coordinate with the Administrator to take 
                any necessary action to ensure that such an adverse 
                impact can be sufficiently mitigated.
            ``(3) Research, testing, training, and evaluation.--
                    ``(A) In general.--The Secretary, the Attorney 
                General, and the Secretary of Transportation may 
                conduct research on, testing on, training on, and 
                evaluation of equipment, including electronic 
                equipment, and technology to determine the capability 
                and utility of such equipment or technology for any 
                action described in paragraph (1), including prior to 
                the initial use of such equipment or technology.
                    ``(B) Coordination.--The Secretary, the Attorney 
                General, and the Secretary of Transportation shall 
                coordinate activities under this paragraph and mutually 
                share data and results from such activities.
            ``(4) List of authorized equipment and technologies.--
                    ``(A) List.--Not later than 1 year after the date 
                of enactment of the Counter-UAS Authority Security, 
                Safety, and Reauthorization Act, the Secretary, in 
                coordination with the Attorney General and the 
                Administrator of the Federal Aviation Administration, 
                shall maintain a list of approved makes and models of 
                counter-UAS detection and mitigation systems, 
                equipment, and technology. Such list shall include the 
                following:
                            ``(i) A description of the specific 
                        detection or mitigation functions of each such 
                        system, equipment, or technology that enable 
                        each such system, equipment, or technology to 
                        carry out an action described in paragraph (1).
                            ``(ii) Whether each such system, equipment, 
                        or technology is authorized for an action 
                        described in subparagraph (A), (B), (C), or (D) 
                        of paragraph (1).
                            ``(iii) Any conditions or restrictions 
                        generally applicable to the use, location, or 
                        positioning of each such system, equipment, or 
                        technology, including whether and how each such 
                        system, equipment, or technology may be 
                        suitable for use in terminal airspace.
                    ``(B) Impact determination by administrator.--A 
                counter-UAS detection or mitigation system, equipment, 
                or technology may not be included on the list 
                maintained under subparagraph (A) unless the 
                Administrator of the Federal Aviation Administration 
                makes a written determination that--
                            ``(i)(I) the system, equipment, or 
                        technology meets any applicable minimum 
                        performance requirements as described in 
                        section 44810(e) of title 49, United States 
                        Code; and
                            ``(II) the use of such system, equipment, 
                        or technology does not present an adverse 
                        impact on aviation safety, civil aviation and 
                        aerospace operations, aircraft airworthiness, 
                        or the use of the national airspace system; or
                            ``(ii) in the event the Administrator 
                        identifies such an adverse impact from such 
                        system, equipment, or technology, such an 
                        adverse impact can be sufficiently mitigated 
                        and the mitigation activities are described in 
                        the list maintained under subparagraph (A) or 
                        in a manner determined by the Administrator.
                    ``(C) Spectrum impact consultation.--The Secretary, 
                the Attorney General, and the Administrator of the 
                Federal Aviation Administration shall consult with the 
                Federal Communications Commission or the Administrator 
                of the National Telecommunications and Information 
                Administration, as appropriate, to determine whether 
                the use of a counter-UAS detection or mitigation 
                system, equipment, or technology on the list maintained 
                under subparagraph (A)--
                            ``(i) does not present an adverse impact on 
                        civilian telecommunications, communications 
                        spectrum, internet technology, or radio 
                        communications networks or systems; or
                            ``(ii) in the event that such an adverse 
                        impact is identified, such impact can be 
                        sufficiently mitigated, or the system, 
                        equipment, or technology is excluded from the 
                        list maintained under subparagraph (A) until 
                        such an adverse impact is sufficiently 
                        mitigated.
                    ``(D) Limitation on inclusion of counter-uas 
                systems manufactured by certain foreign enterprises.--
                            ``(i) Limitation.--The Secretary may not 
                        include on the list maintained under 
                        subparagraph (A) a counter-UAS detection and 
                        mitigation systems, equipment, and technology, 
                        manufactured or developed by a covered 
                        manufacturer.
                            ``(ii) International agreements.--This 
                        subsection shall be applied in a manner 
                        consistent with the obligations of the United 
                        States under international agreements in effect 
                        as of the date of enactment of the Counter-UAS 
                        Authority Security, Safety, and Reauthorization 
                        Act.
                            ``(iii) Authorized utilization.--Upon the 
                        inclusion of a counter-UAS detection or 
                        mitigation system, equipment, or technology on 
                        the list maintained under subparagraph (A), the 
                        Secretary and the Attorney General may utilize 
                        such system, equipment, or technology for any 
                        action described in paragraph (1).
                            ``(iv) Exception.--The Secretary of 
                        Homeland Security is exempt from the limitation 
                        under this subsection if the Secretary 
                        determines that the operation or procurement of 
                        such system is for the sole purpose of 
                        research, evaluation, training, testing, or 
                        analysis.
                            ``(v) Definitions.--In this subparagraph:
                                    ``(I) Covered manufacturer.--The 
                                term `covered manufacturer' means an 
                                entity that is owned by, controlled by, 
                                is a subsidiary of, or is otherwise 
                                related legally or financially to, a 
                                person based in a country that--
                                            ``(aa) is identified as a 
                                        nonmarket economy country (as 
                                        defined in section 771 of the 
                                        Tariff Act of 1930 (19 U.S.C. 
                                        1677)) as of the date of 
                                        enactment of the Counter-UAS 
                                        Authority Security, Safety, and 
                                        Reauthorization Act;
                                            ``(bb) was identified by 
                                        the United States Trade 
                                        Representative in the most 
                                        recent report required under 
                                        section 182 of the Trade Act of 
                                        1974 (19 U.S.C. 2242) as a 
                                        priority foreign country under 
                                        subsection (a)(2) of such 
                                        section; and
                                            ``(cc) is subject to 
                                        monitoring by the United States 
                                        Trade Representative under 
                                        section 306 of the Trade Act of 
                                        1974 (19 U.S.C. 2416).
                                    ``(II) Otherwise related legally or 
                                financially.--The term `otherwise 
                                related legally or financially' does 
                                not include a minority stake 
                                relationship or investment.
                    ``(E) Rule of construction.--Nothing in this 
                paragraph may be construed to prevent the Secretary, 
                the Attorney General, or the Administrator of the 
                Federal Aviation Administration from exercising any 
                authority to counter unmanned aircraft systems in 
                effect prior to the date of enactment of the Counter-
                UAS Authority Security, Safety, and Reauthorization 
                Act.'';
            (3) in subsection (d) by striking paragraph (2) and 
        inserting the following:
            ``(2) Coordination.--The Secretary, the Secretary of 
        Transportation, and the Attorney General shall coordinate to 
        develop their respective regulations and guidance under 
        paragraph (1) before issuing any such regulation or 
        guidance.'';
            (4) in subsection (e)--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) records of such communications are disposed of 
        immediately following an action described in subsection (b)(1) 
        to mitigate a credible threat referred to in subsection (a), 
        except that if the Secretary or the Attorney General determines 
        that maintenance of such records is necessary to investigate or 
        prosecute a violation of law is required by Federal law or for 
        the purpose of litigation, such records may be maintained for 
        not more than 90 days;''; and
                    (B) in paragraph (4)--
                            (i) in the matter preceding subparagraph 
                        (A) by striking ``are not disclosed outside the 
                        Department of Homeland Security or the 
                        Department of Justice unless'' and inserting 
                        ``ar