,,ii #aaeth ,,congress #b;d ,session ,s4 #bhcf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ad1 #bjah ,mr4 ,johnson 7for himself1 ,mrs4 ,mc,caskill1 ,mr4 ,hoeven1 ,ms4 ,heitkamp1 and ,mr4 ,cotton7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to assist the ,department of ,homeland ,security in preventing emerging threats from unmanned aircraft and vehicles1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,preventing ,emerging ,threats ,act of #bjah4 #b4 ,protection of certain facilities and assets from unmanned aircraft 7a7 ,in general ,subtitle ,a of title ,,ii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aba et seq47 is amended by adding at the end the following3 #baj;,g4 ,protection of certain facilities and assets from unmanned aircraft 7a7 ,authority ,notwithstanding section #dfejb of title #di1 ,united ,states ,code1 or any provision of title #ah1 ,united ,states ,code1 the ,secretary and the ,attorney ,general may1 for their respective ,departments1 take1 and may authorize personnel of the ,department of ,homeland ,security or the ,department of ,justice with assigned duties that include safety1 security1 or protection of personnel1 facilities1 or assets1 to take1 such actions described in subsection 7b77#a7 that are necessary to mitigate the threat 7as defined by the ,secretary or the ,attorney ,general1 in consultation with the ,secretary of ,transportation7 that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset4 7b7 ,actions described 7#a7 ,in general ,the actions authorized in subsection 7a7 are the following3 7,a7 ,detect1 identify1 monitor1 and track the unmanned aircraft system or unmanned aircraft1 without prior consent1 including by means of intercept or other access of a wire communication1 an oral communication1 or an electronic communication used to control the unmanned aircraft system or unmanned aircraft4 7,b7 ,warn the operator of the unmanned aircraft system or unmanned aircraft1 including by passive or active1 and direct or indirect physical1 electronic1 radio1 and electromagnetic means4 7,c7 ,disrupt control of the unmanned aircraft system or unmanned aircraft1 without prior consent1 including by disabling the unmanned aircraft system or unmanned aircraft by intercepting1 interfering1 or causing interference with wire1 oral1 electronic1 or radio communications used to control the unmanned aircraft system or unmanned aircraft4 7,d7 ,seize or exercise control of the unmanned aircraft system or unmanned aircraft4 7,e7 ,seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft4 7,f7 ,use reasonable force to disable1 damage1 or destroy the unmanned aircraft system or unmanned aircraft4 7#b7 ,required coordination ,the ,secretary and the ,attorney ,general shall develop for their respective ,departments the actions described in paragraph 7#a7 in coordination with the ,secretary of ,transportation4 7#c7 ,research1 testing1 training1 and evaluation ,the ,secretary shall conduct research1 testing1 training on1 and evaluation of any equipment1 including any electronic equipment1 to determine its capability and utility to enable any of the actions described in subsection 7b77#a74 7#d7 ,coordination ,the ,secretary shall coordinate with the ,administrator of the ,federal ,aviation ,administration when subsection 7b77#c7 might affect aviation safety1 civilian aviation and aerospace operations1 or aircraft airworthiness4 7c7 ,forfeiture ,any unmanned aircraft system or unmanned aircraft described in subsection 7a7 that is seized by the ,secretary or the ,attorney ,general is subject to forfeiture to the ,united ,states4 7d7 ,regulations and guidance 7#a7 ,in general ,the ,secretary1 the ,attorney ,general1 and the ,secretary of ,transportation may prescribe regulations and shall issue guidance in the respective areas of each ,secretary or the ,attorney ,general to carry out this section4 7#b7 ,coordination 7,a7 ,coordination with ,department of ,transportation ,the ,secretary and the ,attorney ,general shall coordinate the development of their respective guidance under paragraph 7#a7 with the ,secretary of ,transportation4 7,b7 ,effect on aviation safety ,the ,secretary and the ,attorney ,general shall respectively coordinate with the ,secretary of ,transportation and the ,administrator of the ,federal ,aviation ,administration before issuing any guidance1 or otherwise implementing this section1 if such guidance or implementation might affect aviation safety1 civilian aviation and aerospace operations1 aircraft airworthiness1 or the use of airspace4 7e7 ,privacy protection ,the regulations prescribed or guidance issued under subsection 7d7 shall ensure that-- 7#a7 the interception or acquisition of1 or access to1 communications to or from an unmanned aircraft system under this section is conducted in a manner consistent with the ,fourth amendment to the ,constitution of the ,united ,states and applicable provisions of ,federal law2 7#b7 communications to or from an unmanned aircraft system are intercepted1 acquired1 or accessed only to the extent necessary to support a function of the ,department of ,homeland ,security or the ,department of ,justice2 7#c7 records of such communications are not maintained for more than #ahj days unless the ,secretary or the ,attorney ,general determine that maintenance of such records-- 7,a7 is necessary to support one or more 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 civilian law enforcement agency or by any other applicable statute or regulation2 and 7#d7 such communications are not disclosed outside the ,department of ,homeland ,security or the ,department of ,justice unless the disclosure-- 7,a7 would fulfill a function of the ,department of ,homeland ,security or the ,department of ,justice1 respectively2 7,b7 would support the ,department of ,defense1 another civilian law enforcement agency1 or the activities of a regulatory agency of the ,federal ,government in connection with a criminal or civil investigation of1 or any regulatory1 statutory1 or other enforcement action arising out of an action described in subsection 7b77#a72 or 7,c7 is otherwise required by law4 7f7 ,budget ,the ,secretary and the ,attorney ,general shall submit to ,congress1 as a part of the homeland security or justice budget materials for each fiscal year after fiscal year #bjah1 a consolidated funding display that identifies the funding source and funding requirements for the actions described in subsection 7b77#a7 within the ,department of ,homeland ,security or the ,department of ,justice4 ,the funding display shall be in unclassified form1 but may contain a classified annex4 7g7 ,semiannual briefings 7#a7 ,in general ,on a semiannual basis during the #e-year period beginning #f months after the date of enactment of this section1 the ,secretary and the ,attorney ,general shall1 respectively1 provide a briefing to the appropriate congressional committees on the activities carried out pursuant to this section4 7#b7 ,requirement ,each briefing required under paragraph 7#a7 shall be conducted jointly with the ,secretary of ,transportation4 7#c7 ,content ,each briefing required under paragraph 7#a7 shall include-- 7,a7 policies1 programs1 and procedures to mitigate or eliminate impacts of such activities to the ,national ,airspace ,system2 7,b7 a description of instances where actions described in subsection 7b77#a7 have been taken2 7,c7 how the ,secretary and the ,attorney ,general have informed the public as to the possible use of authorities under this section2 and 7,d7 how the ,secretary and the ,attorney ,general have engaged with ,federal1 ,state1 and local law enforcement agencies to implement and use such authorities4 7#d7 ,unclassified form ,each briefing required under paragraph 7#a7 shall be in unclassified form1 consistent with the needs of law enforcement agencies and national security1 but may be accompanied by an additional classified briefing4 7h7 ,rule of construction ,nothing in this section may be construed to-- 7#a7 vest in the ,secretary or the ,attorney ,general any authority of the ,secretary of ,transportation or the ,administrator of the ,federal ,aviation ,administration under title #di1 ,united ,states ,code2 7#b7 vest in the ,secretary of ,transportation or the ,administrator of the ,federal ,aviation ,administration any authority of the ,secretary or the ,attorney ,general under this title2 7#c7 vest in the ,secretary of ,homeland ,security any authority of the ,attorney ,general under this title2 and 7#d7 vest in the ,attorney ,general any authority of the ,secretary of ,homeland ,security under this title4 7i7 ,termination 7#a7 ,in general ,except as provided in paragraph 7#b71 the authority to carry out this section with respect to the covered facilities or assets shall terminate on the date that is #e years after the date of enactment of this section4 7#b7 ,extension ,the ,president may extend by #ahj days the termination date described in paragraph 7#a7 if1 not later than #de days before the termination date described in paragraph 7#a71 the ,president certifies to ,congress that such extension is in the national security interest of the ,united ,states4 7j7 ,scope of authority ,nothing in this section shall be construed to provide the ,secretary or the ,attorney ,general with additional authorities beyond those described in subsections 7a71 7b77#a71 and 7k77#c77;,c77iii74 7k7 ,definitions ,in this section3 7#a7 ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,committee on ,homeland ,security1 the ,committee on ,transportation and ,infrastructure1 the ,committee on ,energy and ,commerce1 and the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,the term budget1 with respect to a fiscal year1 means the budget for that fiscal year that is submitted to ,congress by the ,president under section #aaje7;a7 of title #ca4 7#c7 ,the term covered facility or asset means any facility or asset that-- 7,a7 is identified by the ,secretary or the ,attorney ,general1 in consultation with the ,secretary of ,transportation with respect to potentially impacted airspace1 through a risk-based assessment for purposes of this section2 7,b7 is located in the ,united ,states 7including the territories and possessions1 territorial seas or navigable waters of the ,united ,states72 and 7,c7 directly relates to-- 7i7 a mission authorized to be performed by the ,department1 consistent with governing statutes1 regulations1 and orders issued by the ,secretary1 relating to-- 7,i7 security operations by the ,united ,states ,coast ,guard and ,u4,s4 ,customs and ,border ,protection1 including securing facilities1 aircraft1 and authorized vessels1 whether moored or underway2 7,,ii7 ,united ,states ,secret ,service protection operations pursuant to sections #cjef and #cjef;,a of title #ah1 ,united ,states ,code2 or 7,,iii7 protection of facilities pursuant to section #acae of title #dj1 ,united ,states ,code2 7ii7 a mission authorized to be performed by the ,department of ,justice1 consistent with governing statutes1 regulations1 and orders issued by the ,attorney ,general1 relating to-- 7,i7 personnel protection operations by the ,federal ,bureau of ,investigation and the ,united ,states ,marshals ,service1 including the protection of ,federal jurists1 court officers1 witnesses and other persons in the interests of justice1 as specified in section #eff7;e7 of title #bh1 ,united ,states ,code2 7,,ii7 penal1 detention1 and correctional operations conducted by the ,federal ,bureau of ,prisons considered to be high-risk or assessed to be a potential target for unlawful unmanned aircraft activity2 or 7,,iii7 protection of the buildings and grounds leased1 owned1 or operated by or for the ,department of ,justice identified as essential to the function of the ,department of ,justice1 and the provision of security for ,federal courts1 as specified in section #eff7;a7 of title #bh1 ,united ,states ,code2 and 7iii7 a mission authorized to be performed by the ,department of ,homeland ,security or the ,department of ,justice1 acting together or separately1 consistent with governing statutes1 regulations1 and orders issued by the ,secretary or the ,attorney ,general1 respectively1 relating to-- 7,i7 ,national ,special ,security ,events and ,special ,event ,assessment ,rating events2 7,,ii7 upon the request of a ,state's governor or attorney general1 providing support to ,state1 local1 or tribal law enforcement to ensure protection of people and property at mass gatherings1 where appropriate and within available resources2 7,,iii7 active ,federal law enforcement investigations1 emergency responses1 or security operations2 or 7,,iv7 in the event that either the ,department of ,homeland ,security or the ,department of ,justice has identified a national security threat against the ,united ,states and the threat could involve unlawful use of an unmanned aircraft1 responding to such national security threat4 7#d7 ,the terms electronic communication1 intercept1 oral communication1 and wire communication have the meaning given those terms in section #beaj of title #ah1 ,united ,states ,code4 7#e7 ,the term homeland security or justice budget materials1 with respect to a fiscal year1 means the materials submitted to ,congress by the ,secretary and the ,attorney ,general in support of the budget for that fiscal year4 7#f7 ,for purposes of subsection 7a71 the term personnel means-- 7,a7 officers and employees of the ,department of ,homeland ,security or the ,department of ,justice2 or 7,b7 individuals employed by contractors of the ,department of ,homeland ,security who are subject to the supervision1 control1 or direction of the respective department and are assigned by that department to perform the duties described in subsection 7a7 in accordance with regulations or guidance established under subsection 7d74 7#g7 ,the terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7#di ,u4,s4,c4 #djaja note74 7l7 ,department of ,homeland ,security assessment 7#a7 ,report ,not later than #a year after the date of the enactment of this section1 the ,secretary shall issue an assessment to the appropriate congressional committees1 including-- 7,a7 an evaluation of the threat from unmanned aircraft systems to ,united ,states critical infrastructure 7as defined in this ,act7 and to domestic large hub airports 7as defined in section #djajb7;a77#bi7 of title #di1 ,united ,states ,code72 7,b7 an evaluation of current ,federal and ,state1 local1 or tribal law enforcement authorities to counter the threat identified in subparagraph 7,a71 including section #ii4g of title #ad1 ,code of ,federal ,regulations1 or any successor thereto2 7,c7 an evaluation of the knowledge of1 efficiency of1 and effectiveness of current procedures and resources available to owners of critical infrastructure and domestic large hub airports when they believe a threat from unmanned aircraft systems is present and what additional actions1 if any1 the ,department could implement under existing authorities to assist these entities to counter the threat identified in subparagraph 7,a72 7,d7 an assessment of what1 if any1 additional authorities the ,department needs to counter the threat identified in subparagraph 7,a72 and 7,e7 an assessment of what1 if any1 additional research and development the ,department needs to counter the threat identified in subparagraph 7,a74 7#b7 ,unclassified form ,the report required under paragraph 7#a7 shall be submitted in unclassified form1 but may contain a classified annex4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by inserting after the item relating to section #baj;,f the following3 ,sec4 #baj;,g4 ,protection of certain facilities and assets from unmanned aircraft4 4 #c4 ,department of ,homeland ,security efforts to help protect individuals from vehicular terrorism 7a7 ,definition ,in this section-- 7#a7 the term emergency response providers has the meaning given the term in section #b of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja72 and 7#b7 the term vehicular terrorism means an action that uses automotive transportation to inflict violence and intimidation on individuals for a political purpose4 7b7 ,assessment ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,homeland ,security shall-- 7#a7 assess the threat of vehicular terrorism and activities the ,department of ,homeland ,security is undertaking to support emergency response providers and the private sector to prevent1 mitigate1 and respond to vehicular terrorism2 and 7#b7 based on the assessment conducted under paragraph 7#a71 brief the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives on-- 7,a7 the findings of the assessment2 and 7,b7 a strategy to improve the efforts of the ,department of ,homeland ,security to support emergency response providers and the private sector to prevent1 mitigate1 and respond to the threat of vehicular terrorism4