[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5061 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5061
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
August 29, 2025
Mr. Garbarino (for himself, Mr. Thompson of Mississippi, Mr. Graves,
Mr. Larsen of Washington, and Mr. Raskin) 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
_______________________________________________________________________
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. 10. Drone safety statement modernization.
Sec. 11. Applicability.
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) that qualifies
as a large hub airport on or after January 1, 2025;
(B) a medium hub airport (as defined in section
47102 of title 49, United States Code) that qualifies
as a large hub airport on or after January 1, 2025; or
(C) an airport with a total annual landed weight of
all cargo of more than 7,500,000,000 pounds in 2023 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 covered event, the--
(i) organizing entity of such event; or
(ii) the entity responsible for security at
such event.
(4) Covered event.--The term ``covered event'' means an
event--
(A) taking place at the location of an eligible
large public gathering (as described in section
44812(c) of title 49, United States Code);
(B) 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); or
(C) to prepare, test, train, or practice with
counter-UAS detection and mitigation systems,
equipment, and technology at a location described in
subparagraphs (A) and (B) for a limited period of time.
(5) Covered site.--The term ``covered site'' means a fixed
site facility related to--
(A) critical infrastructure, such as energy
production, transmission, distribution facilities and
equipment, and railroad facilities;
(B) oil refineries and chemical facilities;
(C) amusement parks; or
(D) State prisons.
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 (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 Administrator of the
Federal Aviation Administration before exercising the
authority described in paragraph (1).
``(B) Determination of authority.--In authorizing
the actions described in subsection (b), the
Administrator shall ensure that each such authorized
action would not result in an adverse impact on
aviation safety, civil aviation and aerospace
operations, aircraft airworthiness, or the use of the
national airspace system.
``(C) Authorizing determination.--If the
Administration determines under subparagraph (B) that
an action would not result in such an adverse impact,
the Secretary and the Attorney General may take or
authorize the taking of such action.
``(D) Mitigating actions.--If the Administrator
determines such action would result in 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 shall
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 system, 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, equipment, or technology 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) Rules of construction.--Nothing in this
paragraph may be construed to--
``(i) 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; or
``(ii) require the disclosure of the list
maintained under subparagraph (A) to the
general public.'';
(2) 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.'';
(3) 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 as 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
``are not shared outside of the department in
possession of such communications, except if'';
and
(ii) in subparagraph (B) by striking ``of,
or any regulatory, statutory, or