,i #aagth ,,congress #b;d ,session ,h4 ,r4 #hidi ,,in ,,the ,,house ,,of ,,representatives ,september #bb1 #bjbb,mr4 ,nadler 7for himself1 ,mr4 ,thompson of ,mississippi1 ,mr4 ,de,fazio1 ,mr4 ,graves of ,missouri1 and ,mr4 ,katko7 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 the ,homeland ,security ,act of #bjjb to extend counter-unmanned aircraft systems authorities1 to improve transparency1 safety1 and accountability related to such authorities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,counter-,,uas ,authority ,extension and ,transparency ,enhancement ,act of #bjbb4 #b4 ,protection of certain facilities and assets from unmanned aircraft systems ,section #baj;,g of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #abdn7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking sections #cb1 #ajcj1 #acfg and chapters #aai and #bjf of title #ah1 ,united ,states ,code1 the ,secretary and the ,attorney ,general and inserting section #cb of title #ah1 ,united ,states ,code1 the ,secretary and the ,attorney ,general2 and 7,b7 by striking 7as defined by the ,secretary or the ,attorney ,general1 in consultation with the ,secretary of ,transportation7 and inserting 7as defined by the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,transportation and the ,attorney ,general72 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by inserting or unmanned aircraft after ,during the operation of the unmanned aircraft system2 7ii7 in subparagraph 7,d71 by striking ,seize or exercise control of and inserting ,seize1 exercise control of1 or otherwise confiscate2 7iii7 by striking subparagraph 7,e72 and 7iv7 by redesignating subparagraph 7,f7 as subparagraph 7,e72 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,coordination 7,a7 ,in general ,the ,secretary and the ,attorney ,general shall coordinate with the ,secretary of ,transportation regarding carrying out the actions described in paragraph 7#a74 7,b7 ,aviation safety ,the ,secretary and the ,attorney ,general shall coordinate with the ,administrator of the ,federal ,aviation ,administration when any action authorized by this section might affect aviation safety1 civilian aviation and aerospace operations1 aircraft airworthiness1 or the use of the ,national ,airspace ,system4 ,if the ,administrator determines any such action would adversely impact any such matters1 such action shall be delayed until the ,administrator determines such action does not present an adverse impact or that such adverse impact can be sufficiently mitigated4 2 7,c7 by amending paragraph 7#c7 to read as follows3 7#c7 ,research1 testing1 training1 and evaluation ,the ,secretary1 the ,secretary of ,transportation1 and the ,attorney ,general may conduct research on1 testing on1 training on1 and evaluation of equipment1 including electronic equipment1 and technology to determine the capability and utility of such equipment or technology for any action described in subsection 7b77#a7 prior to the use of such equipment or technology4 2 and 7,d7 by amending paragraph 7#d7 to read as follows3 7#d7 ,list of authorized equipment and technologies 7,a7 ,list ,not later than one year after the date of enactment of the ,counter-,,uas ,authority ,extension and ,transparency ,enhancement ,act of #bjbb1 the ,secretary shall1 subject to subparagraph 7,b71 maintain a list of approved equipment and technology1 including a description of the specific functions and environments for which such equipment or technology has capability and utility for any action described in subsection 7b77#a71 and whether such equipment or technology is authorized for an action described in subparagraph 7,a71 7,b71 7,c71 or 7,d7 of such subsection4 7,b7 ,impact determination by ,administrator ,prior to the inclusion of equipment or technology on the list maintained under subparagraph 7,a71 the ,administrator of the ,federal ,aviation ,administration must make a determination that the use of such equipment or technology does not present an adverse impact on aviation safety1 civilian aviation and aerospace operations1 aircraft airworthiness1 or the use of the ,national ,airspace ,system1 or in the event that the ,administrator identifies an adverse impact1 that such impact can be sufficiently mitigated4 7,c7 ,authorized utilization ,upon the inclusion of a technology or equipment on the list maintained under subparagraph 7,a71 the ,secretary and the ,attorney ,general may utilize such equipment or technology for any described action in subsection 7b77#a74 2 7#c7 in subsection 7d71 by amending paragraph 7#b7 to read as follows3 7#b7 ,coordination ,the ,secretary1 the ,secretary of ,transportation1 and the ,attorney ,general shall coordinate to develop their respective regulations and guidance under paragraph 7#a7 before issuing any such regulation or guidance4 2 7#d7 in subsection 7e7-- 7,a7 by amending paragraph 7#c7 to read as follows3 7#c7 records of such communications are maintained for not more than #ij days1 except that if the ,secretary of ,homeland ,security or the ,attorney ,general determines that maintenance of such records is necessary to investigate or prosecute a violation of law1 is required under ,federal law1 or for the purpose of any litigation1 the records of such communications may be maintained for not more than one year2 2 and 7,b7 in paragraph 7#d7-- 7i7 in the matter preceding subparagraph 7,a71 by striking are not disclosed outside the ,department of ,homeland ,security or the ,department of ,justice unless and inserting are not shared outside of personnel of the department in possession of such communications1 except if2 and 7ii7 in subparagraph 7,b71 by striking 1 or any regulatory1 statutory1 or other enforcement action relating to2 7#e7 in subsection 7f71 by striking within the ,department of ,homeland ,security or the ,department of ,justice2 7#f7 in subsection 7g7-- 7,a7 in paragraph 7#a71 by striking the ,secretary and the ,attorney ,general shall1 respectively1 and inserting the ,secretary1 the ,attorney ,general1 and the ,secretary of ,transportation shall jointly2 7,b7 by striking paragraph 7#b72 7,c7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#b7 through 7#d71 respectively2 7,d7 by amending paragraph 7#b71 as so redesignated1 to read as follows3 7#b7 ,content ,each briefing required under paragraph 7#a7 shall include-- 7,a7 the number of instances and a description of each instance in which actions described in subsection 7b77#a7 have been taken1 including all such instances that-- 7i7 equipment or technology disrupted the transmission of radio or electronic signals1 including and disaggregrated by whether any such disruption was minimized2 7ii7 may have resulted in harm1 damage1 or loss to a person or to private property1 including and disaggregrated by whether any such harm1 damage1 or loss was minimized2 7iii7 resulted in the successful seizure1 exercise of control1 or confiscation under subsection 7b77#a77;,d72 or 7iv7 required the use of reasonable force under subsection 7b77#a77;,e72 7,b7 the frequency and nature of instances in which communications were intercepted or acquired during the course of actions described in subsection 7b77#a71 including-- 7i7 the approximate number and nature of incriminating communications intercepted2 and 7ii7 the approximate number and nature of other communications intercepted2 7,c7 the total number of instances in which records of communications intercepted or acquired during the course of actions described in subsection 7b77#a7 were-- 7i7 shared with the ,department of ,justice or another ,federal law enforcement agency1 including a list of receiving ,federal law enforcement agencies2 or 7ii7 maintained for more than #ij days2 7,d7 the number of instances and a description of each instance in which the ,secretary1 ,secretary of ,transportation1 or the ,attorney ,general have engaged with ,federal1 ,state1 or local law enforcement agencies to implement the authority under this section1 including the number of instances that resulted in a criminal investigation or litigation2 and 7,e7 information on the actions carried out under subsections 7b77#c7 and 7b77#d77;,a71 including equipment or technology to address emerging trends and changes in unmanned aircraft system or unmanned aircraft system-related security threats4 2 and 7,e7 in paragraph 7#d71 as so redesignated-- 7i7 by inserting approved under subsection 7b77#d7 after new technology2 7ii7 by striking the ,secretary and the ,attorney ,general shall1 respectively1 and inserting the ,secretary1 in coordination with the ,secretary of ,transportation and the ,attorney ,general1 shall2 and 7iii7 by striking to the national airspace system and inserting to the safety and operation of the ,national ,airspace ,system2 7#g7 in subsection 7h77#b71 by inserting of ,homeland ,security after any authority of the ,secretary2 7#h7 by amending subsection 7i7 to read as follows3 7i7 ,termination ,the authority under this section shall terminate on ,october #a1 #bjbc4 2 7#i7 in subsection 7k7-- 7,a7 in paragraph 7#a77;,b71 by striking the ,committee on ,energy and ,commerce12 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by striking the ,secretary or the ,attorney ,general1 in coordination with the ,secretary of ,transportation and inserting the ,secretary1 in coordination with the ,secretary of ,transportation and the ,attorney ,general12 and 7ii7 in subparagraph 7,c77ii7-- 7,i7 in subclause 7,i77aa71 by striking section #ecc of title #bh1 ,united ,states ,code and inserting paragraph 7#b7 or 7#c7 of section #ecc of title #bh1 ,united ,states ,code1 and that is limited to a specified period of time and location2 7,,ii7 in subclause 7,i77bb71 by inserting before the semicolon at the end the following3 1 and that is limited to a specified period of time and location2 and 7,,iii7 in subclause 7,,iii71 by striking 1 as specified in and inserting pursuant to2 7,c7 in paragraph 7#f71 by striking purposes of subsection 7a7 and inserting purposes of subsections 7a7 and 7e77#d72 and 7,d7 in paragraph 7#h7-- 7i7 in the matter preceding subparagraph 7,a7-- 7,i7 by striking and efficiency of the national airspace system and inserting 1 efficiency1 and operation of the ,national ,airspace ,system2 and 7,,ii7 by striking the ,secretary or the ,attorney ,general1 respectively1 and inserting the ,secretary1 in coordination with the ,secretary of ,transportation and the ,attorney ,general12 and 7ii7 by striking national airspace system each place it appears and inserting ,national ,airspace ,system2 and 7#aj7 by amending subsection 7l7 to read as follows3 7l7 ,annual report ,not later than one year after the date of enactment of the ,counter-,,uas ,authority ,extension and ,transparency ,enhancement ,act of #bjbb1 the ,secretary shall submit1 in coordination with the ,secretary of ,transportation and the ,attorney ,general1 a report to the appropriate congressional committees that contains the information required under subsection 7g77#b7 and the following-- 7#a7 copies of guidance1 policies1 programs1 and procedures to mitigate or eliminate any adverse impact of the activities carried out pursuant to this section1 or the use of any equipment or technology1 on aviation safety1 civilian aviation and aerospace operations1 aircraft airworthiness1 or the use of the ,national ,airspace ,system2 and 7#b7 copies of the guidance1 policies1 or procedures established to address privacy1 civil rights1 and civil liberties issues implicated by the activities carried out pursuant to this section4 4