[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