[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3481 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3481
To expand the authority to use counter-unmanned aircraft system
technologies to State, local, Tribal, and territorial law enforcement
and correctional agencies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 15, 2025
Mr. Peters (for himself, Mr. Grassley, Mr. Johnson, and Ms. Cortez
Masto) introduced the following bill; which was read twice and referred
to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To expand the authority to use counter-unmanned aircraft system
technologies to State, local, Tribal, and territorial law enforcement
and correctional agencies, 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.
This Act may be cited as the ``SAFER SKIES Act''.
SEC. 2. DRONE COUNTERMEASURES TO PROTECT PUBLIC SAFETY AND CRITICAL
INFRASTRUCTURE.
Section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n)
is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Authorities.--
``(1) Authority of the department of homeland security and
department of justice.--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.
``(2) Authority of state, local, tribal, and territorial
law enforcement and correctional agencies.--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.'';
(2) 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'';
(3) in subsection (c)--
(A) by inserting ``pursuant to subsection (a)(1)''
after ``Attorney General'';
(B) by striking ``Any unmanned'' and inserting the
following:
``(1) Federal agencies.--Any unmanned''; and
(C) by adding at the end the following:
``(2) Other agencies.--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.'';
(4) in subsection (d)--
(A) 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'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following:
``(2) State, local, tribal, and territorial law enforcement
training and certification.--
``(A) Training and certification required.--
``(i) In general.--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).
``(ii) Training and certification
procedures.--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).
``(iii) Technologies.--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.
``(B) Oversight.--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).
``(C) State, local, tribal, and territorial law
enforcement and correctional agencies mitigation
notification requirement.--
``(i) In general.--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--
``(I) the date, time, and
geographic location of the mitigation
action;
``(II) a brief description of the
credible threat or safety concern
necessitating such action;
``(III) the type of mitigation
capability employed; and
``(IV) any known operational
effects, including the seizure,
disabling, or destruction of an
unmanned aircraft system or unmanned
aircraft.
``(ii) Report mechanism.--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).
``(D) Reports.--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--
``(i) a description of the training and
certification procedures developed and
implemented pursuant to subparagraph (A)(ii);
``(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);
``(iii) a list of currently authorized
technologies pursuant to subparagraph (A)(iii);
``(iv) the frequency, location, and
circumstances of State, local, Tribal,
territorial, and correctional officers
mitigation deployments and types of mitigation
employed;
``(v) 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;
``(vi) 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 6(b)(2)
of the SAFER SKIES Act; and
``(vii) 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.'';
(5) in subsection (e)--
(A) 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'';
(B) in paragraph (3)--
(i) by striking ``or the Attorney General''
and inserting ``, the Attorney General, or any
State, local, Tribal, or territorial law
enforcement or correctional agency'';
(ii) by inserting ``, State, local, Tribal,
or territorial'' after ``Federal''; and
(iii) by inserting ``(as applicable)''
after ``law'';
(C) 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
(D) in paragraph (5)--
(i) by striking ``tribal'' and inserting
``Tribal''; and
(ii) 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'';
(6) in subsection (g)(3)(G)--
(A) by inserting ``Tribal, territorial,'' after
``State,''; and
(B) by inserting ``, including those exercised
under subsection (a)(2)'' after ``authorities'';
(7) by redesignating subsections (j), (k), and (l) as
subsections (k), (l), and (m);
(8) by striking subsection (i) and inserting the following:
``(i) Applicability of Other Laws to Activities Related to the
Mitigation of Threats From Unmanned Aircraft Systems or Unmanned
Aircraft.--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--
``(1) are conducted outside the United States; and
``(2) are related to the mitigation of threats from
unmanned aircraft systems or unmanned aircraft.
``(j) Terminations.--
``(1) Counter-UAS authority.--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.
``(2) State, local, tribal, and territorial law enforcement
and correctional agencies.--Authority of State, local, tribal,
and territorial law enforcement and correctional agencies under
subsection (a)(2) shall terminate on December 31, 2031.'';
(9) in subsection (l), as so redesignated--
(A) 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'';
(B) by striking paragraph (6) and inserting the
following:
``(6)(A) 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.
``(B) 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
(C) by adding at the end the following:
``(9) 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.
``(10) 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
(10) by adding at the end the following:
``(n) Reimbursement Program.--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.''.
SEC. 3. USE OF GRANT FUNDS FOR UNMANNED AIRCRAFT AND COUNTER UNMANNED
AIRCRAFT SYSTEMS.
Section 501(a)(1) of the Omnibus Crime Control and Safe Streets Act
of 1968 (34 U.S.C. 10152(a)(1)) is amended by adding at the end the
following:
``(J) Programs to purchase and operate unmanned
aircraft systems (as defined in section 44801 of title
49, United States Code) to benefit public safety.
``(K) Programs to purchase and operate counter-UAS
systems (as defined in section 44801 of title 49,
United States Code) included on the list of
technologies established by subsection (d)(2)(A)(iii)
section 210G of the Homeland Security Act of 2002 (6
U.S.C. 124n(d)(2)(A)(iii)) to exercise the authority
granted under subsection (a)(2) of such section.''.
SEC. 4. USE OF GRANT FUNDS FOR UNMANNED AIRCRAFT.
Section 1701(b) of the Omnibus Crime Control and Safe Streets Act
of 1968 (34 U.S.C. 10381(b)) is amended--
(1) by redesignating paragraphs (23) and (24) as paragraphs
(24) and (25), respectively;
(2) by inserting after paragraph (22) the following:
``(23) to purchase and operate unmanned aircraft systems
(as such term is defined in section 44801 of title 49, United
States Code) to b