,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #ecff ,,in ,,the ,,house ,,of ,,representatives ,march #ba1 #bjah,mrs4 ,hartzler 7for herself1 ,mr4 ,austin ,scott of ,georgia1 and ,ms4 ,hanabusa7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,transportation and ,infrastructure1 and ,homeland ,security1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to provide for certain authorized actions regarding interdiction of unmanned aircraft1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safeguarding ,america's ,skies ,act of #bjah4 #b4 ,authorized actions regarding interdiction of unmanned aircraft 7a7 ,in ,general ,chapter #a of part ,i of title #ah1 ,united ,states ,code1 is amended by adding at the end of the following3 #bh4 ,authorized actions regarding interdiction of unmanned aircraft 7a7 ,in general ,notwithstanding any other provision of this title1 except as described in paragraph 7#a71 the ,secretary of ,homeland ,security and the ,attorney ,general may1 for their respective departments1 authorize officers1 employees1 and contractors of the department assigned with duties that include safety1 security1 or protection of personnel1 facilities1 or assets of the department1 to take such actions described in subsection 7b7 that are necessary to mitigate the threat 7as defined by the ,secretary of ,homeland ,security and the ,attorney ,general1 in consultation with the ,secretary of ,transportation7 that an unauthorized ,,uav poses to the safety or security of a covered facility or asset4 ,in taking such actions1 the agency shall-- 7#a7 avoid any infringement of the privacy and civil rights of the people of the ,united ,states and the freedom of the press consistent with the ,first and ,fourth ,amendments1 including with regard to the testing of any equipment and the interception or acquisition of communications2 7#b7 limit the geographic reach and the duration of such actions to only those areas and timeframes that are reasonably necessary to address a reasonable threat2 and 7#c7 use reasonable care not to interfere with non-targeted manned or unmanned aircraft1 communications1 equipment1 facilities1 or services4 7b7 ,actions authorized 7#a7 ,actions described ,the actions described in this subsection are as follows3 7,a7 ,detect1 identify1 monitor1 and track1 without prior consent1 a ,,uav1 including by means of interception of or other access to wire1 oral1 electronic1 or radio communications or signals transmitted to or by the ,,uav1 to evaluate whether the ,,uav poses a reasonable threat to the safety or security of a covered facility or asset4 7,b7 ,warn the operator of the ,,uav1 including by passive or active1 and direct or indirect physical1 electronic1 radio1 and electromagnetic means4 7,c7 ,redirect1 alter control1 disable1 disrupt1 seize1 or confiscate1 without prior consent1 a ,,uav that poses a reasonable threat as determined under subsection 7a71 including by intercepting1 substituting1 or disrupting wire1 oral1 electronic1 or radio communications or signals transmitted to or by ,,uav4 7,d7 ,use reasonable force to disable1 disrupt1 damage1 or destroy a small unmanned aircraft1 unmanned aircraft system1 unmanned aircraft1 or unmanned aircraft's attached system1 payload1 or cargo that poses a reasonable threat to the safety or security of a covered facility or asset4 7,e7 ,conduct research1 testing1 training on1 or evaluation of any equipment1 including any electronic equipment1 to determine its capability and utility to enable4 7#b7 ,regulations and guidance ,the ,secretary of ,homeland ,security and the ,attorney ,general1 in coordination with the ,secretary of ,transportation1 may make rules and shall issue guidance in their respective areas to carry out this section4 7#c7 ,avoidance of duplication ,the ,secretary of ,homeland ,security1 the ,attorney ,general1 and the ,secretary of ,transportation shall coordinate and avoid duplication in the development of guidance under this paragraph or otherwise implementing this section4 7#d7 ,minimization of harmful interference ,the ,secretary of ,homeland ,security1 the ,attorney ,general1 and the ,secretary of ,transportation shall also coordinate with the ,federal ,communications ,commission and the ,national ,telecommunications and ,information ,administration to ensure that all actions taken and guidance and rules made under this subsection minimize harmful interference to licensed and unlicensed communications1 devices1 and services authorized by the ,federal ,communications ,commission4 7#e7 ,final rule regarding remote identification and tracking of ,u,a,vs ,not later than one year after the effective date of this section the ,secretary of ,transportation shall issue a final rule requiring remote identification and tracking of ,u,a,vs1 including ,u,a,vs for recreational use1 to ensure that cooperative aircraft are identified4 7c7 ,forfeiture ,any ,,uav described in subsection 7a7 that is seized by the ,federal agency is subject to forfeiture to the ,united ,states4 7d7 ,exemption from disclosure ,information pertaining to the technology1 procedures1 and protocols used to carry out this section1 including any regulations or guidance issued to carry out this section1 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e and exempt from disclosure under ,state and local law requiring the disclosure of information4 7e7 ,privacy protection ,all actions taken and guidance and rules made under subsection 7b77#b7 shall ensure that-- 7#a7 the interception or acquisition of or access to communications to or from ,,uav under this section is conducted in a manner consistent with the ,fourth ,amendment to the ,constitution and applicable provisions of ,federal law2 7#b7 communications are intercepted1 acquired1 or accessed only to the extent necessary to mitigate the reasonable threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset2 7#c7 records of such communications are maintained only for as long as necessary and in no event for more than #ahj days unless the ,secretary of ,homeland ,security or the ,attorney ,general reasonably determine that maintenance of such records-- 7,a7 is necessary to support one or more safety or security functions of the ,department of ,homeland ,security or the ,department of ,justice1 respectively2 or 7,b7 is required for a longer period to support a law enforcement agency or by any other applicable law or regulation2 and 7#d7 such communications are not disclosed outside the ,department of ,homeland ,security or the ,department of ,justice unless the disclosure1 subject to paragraph 7a77#a7 above-- 7,a7 would fulfill a safety or security function of the ,department of ,homeland ,security or the ,department of ,justice2 7,b7 would support the ,department of ,defense1 a civilian law enforcement agency1 or the enforcement activities of a regulatory agency of the ,federal ,government in connection with a criminal or civil investigation of1 or any regulatory action with regard to1 an action described in subsection 7b77#a72 or 7,c7 is otherwise required by law or regulation4 7f7 ,scope of authority ,nothing in this section shall be construed to provide the ,secretary of ,homeland ,security or the ,attorney ,general additional authorities beyond those described in 7b77#a7 without authorization by law4 7g7 ,report to ,congress ,the ,attorney ,general and ,secretary of ,homeland ,security1 shall each submit to ,congress1 not later than one year after enactment1 and each year thereafter1 a report that shall include1 at minimum-- 7#a7 a description of actions taken1 guidance provided1 and rules made pursuant to this section1 including a summary of public comments submitted in relation to such guidance or rules2 7#b7 a description of each ,department's efforts to address privacy1 civil rights1 and civil liberties issues implicated by the actions permitted by this section and other ,federal and ,state government policies affecting ,u,a,vs2 7#c7 the number of ,u,a,vs that have been subject to each of the actions taken under subsection 7b77#b71 broken out by action2 7#d7 actions taken by each ,department to inform the public of covered facilities and assets authorized by this section2 7#e7 implementation costs2 or 7#f7 a description of any revisions to this section that may be desirable4 7h7 ,definitions ,in this section3 7#a7 ,the term cooperative aircraft means aircraft that have an electronic means of identification aboard in operation4 7#b7 ,the term covered facility or asset means any facility or asset that-- 7,a7 is identified by the ,secretary of ,homeland ,security or the ,attorney ,general2 7,b7 is located in the ,united ,states 7including the territories and possessions of the ,united ,states73 and 7,c7 relates to-- 7i7 the buildings and grounds leased1 owned1 or operated by or for the ,federal ,government1 including ,federal ,facility protection operations2 7ii7 authorized protective operations1 including but not limited to the protection of ,federal jurists1 court officers1 witnesses1 and other persons2 7iii7 penal1 detention1 correctional1 and judicial operations2 7iv7 ,national ,security ,special ,events1 ,special ,event ,assessment ,ratings ,events1 or other mass gatherings or events that are reasonably assessed by the ,department of ,justice to be a potential target for terrorism or other criminal activity2 7v7 active ,federal law enforcement investigations2 7vi7 operations that counter terrorism1 narcotics1 and transnational criminal organizations2 7vii7 securing authorized vessels1 whether moored or underway2 7viii7 protection operations pursuant to section #cjef2 7ix7 critical infrastructure2 7x7 ,emergency ,response ,operations2 7xi7 ,national ,disaster ,areas if it is determined by the ,secretary of ,homeland ,security that unauthorized access to the airspace would restrict recovery efforts2 7xii7 ,natural or ,hazardous ,disaster ,areas if it is determined by the ,secretary of ,homeland ,security that unauthorized access to the airspace would restrict recovery efforts2 and 7xiii7 other areas identified by the ,president4 7#c7 ,the term ,,uav means a small unmanned aircraft1 unmanned aircraft system1 unmanned aircraft1 or unmanned aircraft's attached system1 payload1 or cargo4 7#d7 ,the terms unmanned aircraft1 small unmanned aircraft1 and unmanned aircraft system have the meanings given those terms in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note74 7#e7 ,the terms intercept and wire1 oral1 electronic1 or radio communications have the meaning given those terms in section #beaj4 7#f7 ,the term critical infrastructure has the meaning given that term in section #bcci;,d except that the ,attorney ,general may1 in his or her determination1 amend the definition for purposes of this section in the issuance of any guidance or rules made under subsection 7b77#b74 4 7b7 ,clerical amendment ,the table of sections for such chapter is amended by adding at the end the following3 #bh4 ,authorized actions regarding interdiction of unmanned aircraft4 4 7c7 ,conforming amendments ,title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #cb1 by adding at the end the following3 7d7 ,nothing in this section shall apply to any action lawfully taken under section #bh4 2 7#b7 in section #ajcj1 by adding at the end the following3 7k7 ,nothing in this section shall apply to any action lawfully taken under section #bh4 2 7#c7 in section #acfb by adding at the end the following3 ,nothing in this section shall apply to any action lawfully taken under section #bh4 2 7#d7 in section #acfg1 by adding at the end the following3 7c7 ,nothing in this section shall apply to any action lawfully taken under section #bh4 2 7#e7 in chapter #aai-- 7,a7 by adding at the end the following3 #bebc4 ,exception for interdiction of unmanned aircraft ,nothing in this chapter shall apply in the case of any action lawfully taken under section #bh4 2 and 7,b7 in the table of sections for such chapter1 by adding at the end the following3 #bebc4 ,exception for interdiction of unmanned aircraft4 2 and 7#f7 in chapter #bjf-- 7,a7 by adding at the end the following3 #cabh4 ,exception for interdiction of unmanned aircraft ,nothing in this chapter shall apply in the case of any action lawfully taken under section #bh4 2 and 7,b7 in the table of sections for such chapter1 by adding at the end the following3 #cabh4 ,exception for interdiction of unmanned aircraft4 4