,,ii #aagth ,,congress #b;d ,session ,s4 #dfhg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bh1 #bjbb,mr4 ,peters 7for himself1 ,mr4 ,johnson1 ,ms4 ,sinema1 and ,ms4 ,hassan7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to enhance the authority granted to the ,department of ,homeland ,security and ,department of ,justice with respect to unmanned aircraft systems and unmanned aircraft1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safeguarding the ,homeland from the ,threats ,posed by ,unmanned ,aircraft ,systems ,act of #bjbb4 #b4 ,department of ,homeland ,security ,unmanned ,aircraft ,system ,detection and ,mitigation ,enforcement ,authority ,subtitle ,a of title ,,ii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aba et seq47 is amended by striking section #baj;,g 7#f ,u4,s4,c4 #abdn7 and inserting the following3 #baj;,g4 ,protection of certain facilities and assets from unmanned aircraft 7a7 ,definitions ,in this section3 7#a7 ,the term air navigation facility has the meaning given the term in section #djajb7;a77#d7 of title #di1 ,united ,states ,code4 7#b7 ,the term airport has the meaning given the term in section #dgajb7b7 of title #di1 ,united ,sates ,code4 7#c7 ,the term appropriate committees of ,congress 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#d7 ,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 #ca1 ,united ,states ,code4 7#e7 ,the term covered facility or asset means any facility or asset that-- 7,a7 is identified as high-risk and a potential target for unlawful unmanned aircraft or unmanned aircraft system activity by the ,secretary or the ,attorney ,general1 or by the chief executive of the jurisdiction in which a ,state1 local1 ,tribal1 or territorial law enforcement agency designated pursuant to subsection 7d77#b7 operates after review and approval of the ,secretary or the ,attorney ,general1 in coordination with the ,secretary of ,transportation with respect to potentially impacted airspace1 through a risk-based assessment for purposes of this section 7except that in the case of the missions described in clauses 7i77,,ii7 and 7iii77,i7 of subparagraph 7,c71 such missions shall be presumed to be for the protection of a facility or asset that is assessed to be high-risk and a potential target for unlawful unmanned aircraft or unmanned aircraft system activity72 7,b7 is located in the ,united ,states2 and 7,c7 directly relates to #a or more-- 7i7 missions authorized to be performed by the ,department1 consistent with governing statutes1 regulations1 and orders issued by the ,secretary1 pertaining to-- 7,i7 security or protection functions of the ,u4,s4 ,customs and ,border ,protection1 including securing or protecting facilities1 aircraft1 and vessels1 whether moored or underway2 7,,ii7 ,united ,states ,secret ,service protection operations pursuant to sections #cjef7;a7 and #cjef;,a7a7 of title #ah1 ,united ,states ,code1 and the ,presidential ,protection ,assistance ,act of #aigf 7#ah ,u4,s4,c4 #cjef note72 7,,iii7 protection of facilities pursuant to section #acae7;a7 of title #dj1 ,united ,states ,code2 or 7,,iv7 transportation security functions of the ,transportation ,security ,administration2 7ii7 missions authorized to be performed by the ,department of ,justice1 consistent with governing statutes1 regulations1 and orders issued by the ,attorney ,general1 pertaining to-- 7,i7 personal protection operations by-- 7aa7 the ,federal ,bureau of ,investigation as specified in section #ecc of title #bh1 ,united ,states ,code2 or 7bb7 the ,united ,states ,marshals ,service as specified in section #eff of title #bh1 ,united ,states ,code2 7,,ii7 protection of penal1 detention1 and correctional facilities and operations conducted by the ,federal ,bureau of ,prisons and prisoner operations and transport conducted by the ,united ,states ,marshals ,service2 7,,iii7 protection of the buildings and grounds leased1 owned1 or operated by or for the ,department of ,justice1 and the provision of security for ,federal courts1 as specified in section #eff of title #bh1 ,united ,states ,code2 or 7,,iv7 protection of an airport or air navigation facility2 7iii7 missions authorized to be performed by the ,department 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 pertaining to-- 7,i7 protection of a ,national ,special ,security ,event and ,special ,event ,assessment ,rating event2 7,,ii7 the provision of support to a ,state1 local1 ,tribal1 or territorial law enforcement agency1 upon request of the chief executive officer of the ,state or territory1 to ensure protection of people and property at mass gatherings1 that is limited to a specified duration and location1 within available resources1 and without delegating any authority under this section to ,state1 local1 ,tribal1 or territorial law enforcement2 7,,iii7 protection of an active ,federal law enforcement investigation1 emergency response1 or security function1 that is limited to a specified duration and location2 or 7,,iv7 the provision of security or protection support to critical infrastructure owners or operators1 for static critical infrastructure facilities and assets upon the request of the owner or operator2 7iv7 missions authorized to be performed by the ,united ,states ,coast ,guard1 including those described in clause 7iii7 as directed by the ,secretary1 and as further set forth in section #ebh of title #ad1 ,united ,states ,code1 and consistent with governing statutes1 regulations1 and orders issued by the ,secretary of the ,department in which the ,coast ,guard is operating2 and 7v7 responsibilities of ,state1 local1 ,tribal1 and territorial law enforcement agencies designated pursuant to subsection 7d77#b7 pertaining to-- 7,i7 protection of ,national ,special ,security ,event and ,special ,event ,assessment ,rating events or other mass gatherings in the jurisdiction of the ,state1 local1 ,tribal1 or territorial law enforcement agency2 7,,ii7 protection of critical infrastructure assessed by the ,secretary as high-risk for unmanned aircraft systems or unmanned aircraft attack or disruption1 including airports in the jurisdiction of the ,state1 local1 ,tribal1 or territorial law enforcement agency2 or 7,,iii7 protection of sensitive government buildings1 assets1 or facilities in the jurisdiction of the ,state1 local1 ,tribal1 or territorial law enforcement agency4 7#f7 ,the term critical infrastructure has the meaning given the term in section #ajaf7;e7 of the ,critical ,infrastructure ,protection ,act of #bjja 7#db ,u4,s4,c4 #eaie;c7e774 7#g7 ,the terms electronic communication1 intercept1 oral communication1 and wire communication have the meanings given those terms in section #beaj of title #ah1 ,united ,states ,code4 7#h7 ,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#i7 7,a7 ,the term personnel means-- 7i7 an officer1 employee1 or contractor of the ,department or the ,department of ,justice1 who is authorized to perform duties that include safety1 security1 or protection of personnel1 facilities1 or assets2 or 7ii7 an employee who-- 7,i7 is authorized to perform law enforcement and security functions on behalf of a ,state1 local1 ,tribal1 or territorial law enforcement agency designated under subsection 7d77#b72 and 7,,ii7 is trained and certified to perform those duties1 including training specific to countering unmanned aircraft threats and mitigating risks in the national airspace4 7,b7 ,to qualify for use of the authorities described in subsection 7b7 or 7c71 respectively1 a contractor conducting operations described in those subsections must-- 7i7 be directly contracted by the ,department or the ,department of ,justice2 7ii7 operate at a government-owned or government-leased facility or asset2 7iii7 not conduct inherently governmental functions2 and 7iv7 be trained and certified by the ,department or the ,department of ,justice to meet the established guidance and regulations of the ,department or the ,department of ,justice1 respectively4 7,c7 ,for purposes of subsection 7c77#a71 the term personnel includes any officer1 employee1 or contractor who is authorized to perform duties that include the safety1 security1 or protection of people1 facilities1 or assets1 of-- 7i7 a ,state1 local1 ,tribal1 or territorial law enforcement agency2 and 7ii7 an owner or operator of an airport or critical infrastructure4 7#aj7 ,the term risk-based assessment means an evaluation of threat information specific to a covered facility or asset and1 with respect to potential impacts on the safety and efficiency of the national airspace system and the needs of law enforcement and national security at each covered facility or asset identified by the ,secretary or the ,attorney ,general1 respectively1 of each of the following factors3 7,a7 ,potential impacts to safety1 efficiency1 and use of the national airspace system1 including potential effects on manned aircraft and unmanned aircraft systems or unmanned aircraft1 aviation safety1 airport operations1 infrastructure1 and air navigation services relating to the use of any system or technology for carrying out the actions described in subsection 7e77#b74 7,b7 ,options for mitigating any identified impacts to the national airspace system relating to the use of any system or technology1 including minimizing1 when possible1 the use of any technology that disrupts the transmission of radio or electronic signals1 for carrying out the actions described in subsection 7e77#b74 7,c7 ,potential consequences of the impacts of any actions taken under subsection 7e77#a7 to the national airspace system and infrastructure if not mitigated4 7,d7 ,the ability to provide reasonable advance notice to aircraft operators consistent with the safety of the national airspace system and the needs of law enforcement and national security4 7,e7 ,the setting and character of any covered facility or asset1 including-- 7i7 whether the covered facility or asset is located in a populated area or near other structures2 7ii7 whether the covered facility or asset is open to the public2 7iii7 whether the covered facility or asset is used for nongovernmental functions2 and 7iv7 any potential for interference with wireless communications or for injury or damage to persons or property4 7,f7 ,the setting1 character1 duration1 and national airspace system impacts of ,national ,special ,security ,event and ,special ,event ,assessment ,rating events1 to the extent not already discussed in the ,national ,special ,security ,event and ,special ,event ,assessment ,rating nomination process4 7,g7 ,potential consequences to national security1 public safety1 or law enforcement if threats posed by unmanned aircraft systems or unmanned aircraft are not mitigated or defeated4 7#aa7 ,the terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section #ddhja of title #di1 ,united ,states ,code4 7b7 ,authority of the ,department of ,homeland ,security and ,department of ,justice ,notwithstanding section #dfejb of title #di1 ,united ,states ,code1 or sections #cb1 #ajcj1 #acfg1 and chapters #aai and #bjf of title #ah1 ,united ,states ,code1 the ,secretary and the ,attorney ,general may1 for their respective ,departments1 take1 and may authorize personnel with assigned duties that include the safety1 security1 or protection of people1 facilities1 or assets to take1 actions described in subsection 7e77#b7 that are necessary to detect1 identify1 monitor1 track1 and mitigate a credible threat 7as defined by the ,secretary and the ,attorney ,general1 in consultation with the ,secretary of ,transportation through the ,administrator of the ,federal ,aviation ,administration7 that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset4 7c7 ,additional limited authority for detection1 identification1 monitoring1 and tracking 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 and notwithstanding sections #ajcj and #acfg and chapters #aai and #bjf of title #ah1 ,united ,states ,code1 any ,state1 local1 ,tribal1 or territorial law enforcement agency1 the ,department of ,justice1 the ,department1 and any owner or operator of an airport or critical infrastructure may authorize personnel1 with assigned duties that include the safety1 security1 or protection of people1 facilities1 or assets1 to use equipment authorized under this subsection to take actions described in subsection 7e77#a7 that are necessary to detect1 identify1 monitor1 or track an unmanned aircraft system or unmanned aircraft within the respective areas of responsibility or jurisdiction of the authorized personnel4 7#b7 ,authorized equipment ,equipment authorized for unmanned aircraft system detection1 identification1 monitoring1 or tracking under this subsection shall be limited to systems or technologies-- 7,a7 tested and evaluated by the ,department or the ,department of ,justice1 including evaluation of any potential counterintelligence or cybersecurity risks2 7,b7 that are annually reevaluated for any changes in risks1 including counterintelligence and cybersecurity risks2 7,c7 determined by the ,federal ,communications ,commission and the ,national ,telecommunications and ,information ,administration not to adversely impact the use of the communications spectrum2 7,d7 determined by the ,federal ,aviation ,administration not to adversely impact the use of the aviation spectrum or otherwise adversely impact the national airspace system2 and 7,e7 that are included on a list of authorized equipment maintained by the ,department1 in coordination with the ,department of ,justice1 the ,federal ,aviation ,administration1 the ,federal ,communications ,commission1 and the ,national ,telecommunications and ,information ,administration4 7#c7 ,state1 local1 ,tribal1 and territorial compliance ,each ,state1 local1 ,tribal1 or territorial law enforcement agency or owner or operator of an airport or critical infrastructure acting pursuant to this subsection shall-- 7,a7 prior to any such action1 issue a written policy certifying compliance with the privacy protections of subparagraphs 7,a7 through 7,d7 of subsection 7j77#b72 and 7,b7 comply with any additional guidance issued by the ,secretary or the ,attorney ,general relating to implementation of this subsection4 7#d7 ,prohibition ,nothing in this subsection shall be construed to authorize the taking of any action described in subsection 7e7 other than the actions described in paragraph 7#a7 of that subsection4 7d7 ,pilot program for ,state1 local1 ,tribal1 and territorial law enforcement 7#a7 ,in general ,the ,secretary and the ,attorney ,general may carry out a pilot program to evaluate the potential benefits of ,state1 local1 ,tribal1 and territorial law enforcement agencies taking actions that are necessary to mitigate a credible threat 7as defined by the ,secretary and the ,attorney ,general1 in consultation with the ,secretary of ,transportation through the ,administrator of the ,federal ,aviation ,administration7 that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset4 7#b7 ,designation 7,a7 ,in general ,the ,secretary or the ,attorney ,general1 with the concurrence of the ,secretary of ,transportation 7through the ,administrator of the ,federal ,aviation ,administration71 may1 under the pilot program established under paragraph 7#a71 designate #a or more ,state1 local1 ,tribal or territorial law enforcement agencies approved by the respective chief executive officer of the ,state1 local1 ,tribal1 or territorial law enforcement agency to engage in the activities authorized in paragraph 7#d7 under the direct oversight of the ,department or the ,department of ,justice1 in carrying out the responsibilities authorized under subsection 7a77#e77;,c77v74 7,b7 ,designation process 7i7 ,number of agencies and duration ,on and after the date that is #ahj days after the date of enactment of the ,safeguarding the ,homeland from the ,threats ,posed by ,unmanned ,aircraft ,systems ,act of #bjbb1 the ,secretary and the ,attorney ,general1 pursuant to subparagraph 7,a71 may designate not more than #ab ,state1 local1 ,tribal1 and territorial law enforcement agencies for participation in the pilot program1 and may designate #ab additional ,state1 local1 ,tribal1 and territorial law enforcement agencies each year thereafter1 provided that not more than #fj ,state1 local1 ,tribal1 and territorial law enforcement agencies in total may be designated during the #e-year period of the pilot program4 7ii7 ,revocation ,the ,secretary and the ,attorney ,general1 in consultation with the ,secretary of ,transportation 7through the ,administrator of the ,federal ,aviation ,administration7-- 7,i7 may revoke a designation under subparagraph 7,a7 if the ,secretary1 ,attorney ,general1 and ,secretary of ,transportation 7through the ,administrator of the ,federal ,aviation ,administration7 concur in the revocation2 and 7,,ii7 shall revoke a designation under subparagraph 7,a7 if the ,secretary1 the ,attorney ,general1 or the ,secretary of ,transportation 7through the ,administrator of the ,federal ,aviation ,administration7 withdraws concurrence4 7#c7 ,termination of pilot program 7,a7 ,designation ,the authority to designate an agency for inclusion in the pilot program established under this subsection shall terminate after the #e-year period beginning on the date that is #ahj days after the date of enactment of the ,safeguarding the ,homeland from the ,threats ,posed by ,unmanned ,aircraft ,systems ,act of #bjbb4 7,b7 ,authority of pilot program agencies ,the authority of an agency designated under the pilot program established under this subsection to exercise any of the authorities granted under the pilot program shall terminate not later than #f years after the date that is #ahj days after the date of enactment of the ,safeguarding the ,homeland from the ,threats ,posed by ,unmanned ,aircraft ,systems ,act of #bjbb1 or upon revocation pursuant to paragraph 7#b77;,b77ii74 7#d7 ,authorization ,notwithstanding section #dfejb of title #di1 ,united ,states ,code1 or sections #cb1 #ajcj1 #acfg1 and chapters #aai and #bjf of title #ah1 ,united ,states ,code1 any ,state1 local1 ,tribal1 or territorial law enforcement agency designated pursuant to paragraph 7#b7 may authorize personnel with assigned duties that include the safety1 security1 or protection of people1 facilities1 or assets to take such actions as are described in subsection 7e77#b7 that are necessary to detect1 identify1 monitor1 track1 or mitigate a credible threat 7as defined by the ,secretary and the ,attorney ,general1 in consultation with the ,secretary of ,transportation1 through the ,administrator of the ,federal ,aviation ,administration7 that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset under subsection 7a77#e77;,c77v74 7#e7 ,exemption 7,a7 ,in general ,subject to subparagraph 7,b71 the ,chair of the ,federal ,communications ,commission1 in consultation with the ,administrator of the ,national ,telecommunications and ,information ,administration1 shall implement a process for considering the exemption of #a or more law enforcement agencies designated under paragraph 7#b71 or any station operated by the agency1 from any provision of title ,,iii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 to the extent that the designated law enforcement agency takes such actions as are described in subsection 7e77#b7 and may establish conditions or requirements for such exemption4 7,b7 ,requirements ,the ,chair of the ,federal ,communications ,commission1 in consultation with the ,administrator of the ,national ,telecommunications and ,information ,administration1 may grant an exemption under subparagraph 7,a7 only if the ,chair of the ,federal ,communications ,commission in consultation with the ,administrator of the ,national ,telecommunications and ,information ,administration finds that the grant of an exemption-- 7i7 is necessary to achieve the purposes of this subsection2 and 7ii7 will serve the public interest4 7,c7 ,revocation ,any exemption granted under subparagraph 7,a7 shall terminate automatically if the designation granted to the law enforcement agency under paragraph 7#b77;,a7 is revoked by the ,secretary or the ,attorney ,general under paragraph 7#b77;,b77ii7 or is terminated under paragraph 7#c77;,b74 7#f7 ,reporting ,not later than #b years after the date on which the first law enforcement agency is designated under paragraph 7#b71 the ,secretary and the ,attorney ,general shall inform the appropriate committees of ,congress in writing of the use by any ,state1 local1 ,tribal1 or territorial law enforcement agency of any authority granted pursuant to paragraph 7#d74 7#g7 ,restrictions ,any entity acting pursuant to the authorities granted under this subsection-- 7,a7 may do so only using equipment authorized by the ,department1 in coordination with the ,department of ,justice1 the ,federal ,communications ,commission1 the ,national ,telecommunications and ,information ,administration1 and the ,department of ,transportation 7through the ,federal ,aviation ,administration7 according to the criteria described in subsection 7c77#b72 7,b7 shall1 prior to any such action1 issue a written policy certifying compliance with the privacy protections of subparagraphs 7,a7 through 7,d7 of subsection 7j77#b72 7,c7 shall ensure that all personnel undertaking any actions listed under this subsection are properly trained in accordance with the criteria that the ,secretary and ,attorney ,general shall collectively establish1 in consultation with the ,secretary of ,transportation1 the ,administrator of the ,federal ,aviation ,administration1 the ,chair of the ,federal ,communications ,commission1 and the ,assistant ,secretary of ,commerce for ,communications and ,information of the ,national ,telecommunications and ,information ,administration2 and 7,d7 shall comply with any additional guidance relating to compliance with this subsection issued by the ,secretary or ,attorney ,general4 7e7 ,actions described 7#a7 ,in general ,the actions authorized under subsection 7c7 that may be taken by a ,state1 local1 ,tribal1 or territorial law enforcement agency1 the ,department1 the ,department of ,justice1 and any owner or operator of an airport or critical infrastructure1 are limited to actions during the operation of an unmanned aircraft system1 to 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 ,clarification ,the actions authorized in subsections 7b7 and 7d77#d7 are the following3 7,a7 ,during the operation of the unmanned aircraft system or unmanned aircraft1 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 indirect1 physical1 electronic1 radio1 and electromagnetic means4 7,c7 ,disrupt control of the unmanned aircraft system or unmanned aircraft1 without prior consent of the operator of the unmanned aircraft system or unmanned aircraft1 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 force1 if necessary1 to disable1 damage1 or destroy the unmanned aircraft system or unmanned aircraft4 7f7 ,research1 testing1 training1 and evaluation 7#a7 ,requirement 7,a7 ,in general ,notwithstanding section #dfejb of title #di1 ,united ,states ,code1 or any provision of title #ah1 ,united ,states ,code1 the ,secretary1 the ,attorney ,general1 and the heads of the ,state1 local1 ,tribal1 or territorial law enforcement agencies designated pursuant to subsection 7d77#b7 shall conduct research1 testing1 training on1 and evaluation of any equipment1 including any electronic equipment1 to determine the capability and utility of the equipment prior to the use of the equipment in carrying out any action described in subsection 7e74 7,b7 ,coordination ,personnel and contractors who do not have duties that include the safety1 security1 or protection of people1 facilities1 or assets may engage in research1 testing1 training1 and evaluation activities pursuant to subparagraph 7,a74 7#b7 ,training of ,federal1 ,state1 local1 territorial1 and tribal law enforcement personnel ,the ,attorney ,general1 through the ,director of the ,federal ,bureau of ,investigation1 may-- 7,a7 provide training relating to measures to mitigate a credible threat that an unmanned aircraft or unmanned aircraft system poses to the safety or security of a covered facility or asset to any personnel who are authorized to take such measures1 including personnel authorized to take the actions described in subsection 7e72 and 7,b7 establish or designate #a or more facilities or training centers for the purpose described in subparagraph 7,a74 7#c7 ,coordination for research1 testing1 training1 and evaluation 7,a7 ,in general ,the ,secretary1 the ,attorney ,general1 and the heads of the ,state1 local1 ,tribal1 or territorial law enforcement agencies designated pursuant to subsection 7d77#b7 shall coordinate procedures governing research1 testing1 training1 and evaluation to carry out any provision under this subsection with the ,administrator of the ,federal ,aviation ,administration before initiating such activity in order that the ,administrator of the ,federal ,aviation ,administration may ensure the activity does not adversely impact or interfere with safe airport operations1 navigation1 air traffic services1 or the safe and efficient operation of the national airspace system4 7,b7 ,state1 local1 ,tribal1 and territorial law enforcement agency coordination ,each head of a ,state1 local1 ,tribal1 or territorial law enforcement agency designated pursuant to subsection 7d77#b7 shall coordinate the procedures governing research1 testing1 training1 and evaluation of the law enforcement agency through the ,secretary and the ,attorney ,general1 in coordination with the ,federal ,aviation ,administration4 7g7 ,forfeiture ,any unmanned aircraft system or unmanned aircraft that is seized by the ,secretary or the ,attorney ,general pursuant to subsection 7b7 is subject to forfeiture to the ,united ,states pursuant to the provisions of chapter #df of title #ah1 ,united ,states ,code4 7h7 ,regulations and guidance ,the ,secretary1 the ,attorney ,general1 and the ,secretary of ,transportation-- 7#a7 may prescribe regulations and shall issue guidance in the respective areas of each ,secretary or the ,attorney ,general to carry out this section2 and 7#b7 in developing regulations and guidance described in subparagraph 7,a71 consult the ,chair of the ,federal ,communications ,commission1 the ,administrator of the ,national ,telecommunications and ,information ,administration1 and the ,administrator of the ,federal ,aviation ,administration4 7i7 ,coordination 7#a7 ,in general ,the ,secretary and the ,attorney ,general shall coordinate with the ,administrator of the ,federal ,aviation ,administration before carrying out any action authorized under this section in order that the ,administrator may ensure the action does not adversely impact or interfere with-- 7,a7 safe airport operations2 7,b7 navigation2 7,c7 air traffic services2 or 7,d7 the safe and efficient operation of the national airspace system4 7#b7 ,guidance ,before issuing any guidance1 or otherwise implementing this section1 the ,secretary or the ,attorney ,general shall1 respectively1 coordinate with-- 7,a7 the ,secretary of ,transportation in order that the ,secretary of ,transportation may ensure the guidance or implementation does not adversely impact or interfere with any critical infrastructure relating to transportation2 and 7,b7 the ,administrator of the ,federal ,aviation ,administration in order that the ,administrator may ensure the guidance or implementation does not adversely impact or interfere with-- 7i7 safe airport operations2 7ii7 navigation2 7iii7 air traffic services2 or 7iv7 the safe and efficient operation of the national airspace system4 7#c7 ,coordination with the ,,faa ,the ,secretary and the ,attorney ,general shall coordinate the development of their respective guidance under subsection 7h7 with the ,secretary of ,transportation 7through the ,administrator of the ,federal ,aviation ,administration74 7#d7 ,coordination with the ,department of ,transportation and ,national ,telecommunications and ,information ,administration ,the ,secretary and the ,attorney ,general1 and the heads of any ,state1 local1 ,tribal1 or territorial law enforcement agencies designated pursuant to subsection 7d77#b71 through the ,secretary and the ,attorney ,general1 shall coordinate the development for their respective departments or agencies of the actions described in subsection 7e7 with the ,secretary of ,transportation 7through the ,administrator of the ,federal ,aviation ,administration7 and the ,assistant ,secretary of ,commerce for ,communications and ,information of the ,national ,telecommunications and ,information ,administration4 7#e7 ,state1 local1 ,tribal1 and territorial implementation ,prior to taking any action authorized under subsection 7d77#d71 each head of a ,state1 local1 ,tribal1 or territorial law enforcement agency designated under subsection 7d77#b7 shall coordinate1 through the ,secretary and the ,attorney ,general-- 7,a7 with the ,secretary of ,transportation in order that the ,administrators of non-aviation modes of the ,department of ,transportation may evaluate whether the action may have adverse impacts on critical infrastructure relating to non-aviation transportation2 7,b7 with the ,administrator of the ,federal ,aviation ,administration in order that the ,administrator may ensure the action will have no adverse impact1 or will not1 interfere with-- 7i7 safe airport operations2 7ii7 navigation2 7iii7 air traffic services2 or 7iv7 the safe and efficient operation of the national airspace system2 and 7,c7 to allow the ,department and the ,department of ,justice to ensure that any action authorized by this section is consistent with ,federal law enforcement and in the interest of national security4 7j7 ,privacy protection 7#a7 ,in general ,any regulation or guidance issued to carry out an action under subsection 7e7 by the ,secretary or the ,attorney ,general1 respectively1 shall ensure for the ,department or the ,department of ,justice1 respectively1 that-- 7,a7 the interception of1 acquisition of1 access to1 maintenance of1 or use of any communication to or from an unmanned aircraft system or unmanned aircraft under this section is conducted in a manner consistent with the ,first and ,fourth ,amendments to the ,constitution of the ,united ,states and any applicable provision of ,federal law2 7,b7 any communication to or from an unmanned aircraft system or unmanned aircraft are intercepted or acquired only to the extent necessary to support an action described in subsection 7e72 7,c7 any record of a communication described in subparagraph 7,b7 is maintained only for as long as necessary1 and in no event for more than #ahj days1 unless the ,secretary or the ,attorney ,general1 as applicable1 determines that maintenance of the record is-- 7i7 required under ,federal law2 7ii7 necessary for the purpose of litigation2 and 7iii7 necessary to investigate or prosecute a violation of law1 including by-- 7,i7 directly supporting an ongoing security operation2 or 7,,ii7 protecting against dangerous or unauthorized activity by unmanned aircraft systems or unmanned aircraft2 and 7,d7 a communication described in subparagraph 7,b7 is not disclosed to any person not employed or contracted by the ,department or the ,department of ,justice unless the disclosure-- 7i7 is necessary to investigate or prosecute a violation of law2 7ii7 will support-- 7,i7 the ,department of ,defense2 7,,ii7 a ,federal law enforcement1 intelligence1 or security agency2 7,,iii7 a ,state1 local1 ,tribal1 or territorial law enforcement agency2 or 7,,iv7 another relevant entity or person if the entity or person is engaged in a security or protection operation2 7iii7 is necessary to support a department or agency listed in clause 7ii7 in investigating or prosecuting a violation of law2 7iv7 will support the enforcement activities of a ,federal regulatory agency relating to a criminal or civil investigation of1 or any regulatory1 statutory1 or other enforcement action relating to1 an action described in subsection 7e72 7v7 is between the ,department and the ,department of ,justice in the course of a security or protection operation of either department or a joint operation of those departments2 or 7vi7 is otherwise required by law4 7#b7 ,local privacy protection ,in exercising any authority described in subsection 7c7 or 7d71 a ,state1 local1 ,tribal1 or territorial law enforcement agency designated under subsection 7d77#b7 or owner or operator of an airport or critical infrastructure shall ensure that-- 7,a7 the interception of1 acquisition of1 access to1 maintenance of1 or use of communications to or from an unmanned aircraft system or unmanned aircraft under this section is conducted in a manner consistent with-- 7i7 the ,first and ,fourth ,amendments to the ,constitution of the ,united ,states2 and 7ii7 applicable provisions of ,federal1 and where required1 ,state1 local1 ,tribal1 and territorial law2 7,b7 any communication to or from an unmanned aircraft system or unmanned aircraft is intercepted or acquired only to the extent necessary to support an action described in subsection 7e72 7,c7 any record of a communication described in subparagraph 7,b7 is maintained only for as long as necessary1 and in no event for more than #ahj days1 unless the ,secretary1 the ,attorney ,general1 or the head of a ,state1 local1 ,tribal1 or territorial law enforcement agency designated under subsection 7d77#b7 determines that maintenance of the record is-- 7i7 required to be maintained under ,federal1 ,state1 local1 ,tribal1 or territorial law2 7ii7 necessary for the purpose of any litigation2 or 7iii7 necessary to investigate or prosecute a violation of law1 including by-- 7,i7 directly supporting an ongoing security or protection operation2 or 7,,ii7 protecting against dangerous or unauthorized activity by an unmanned aircraft system or unmanned aircraft2 and 7,d7 the communication is not disclosed outside the agency or entity unless the disclosure-- 7i7 is necessary to investigate or prosecute a violation of law2 7ii7 would support the ,department of ,defense1 a ,federal law enforcement1 intelligence1 or security agency1 or a ,state1 local1 ,tribal1 or territorial law enforcement agency2 7iii7 would support the enforcement activities of a ,federal regulatory agency in connection with a criminal or civil investigation of1 or any regulatory1 statutory1 or other enforcement action relating to1 an action described in subsection 7e72 7iv7 is to the ,department or the ,department of ,justice in the course of a security or protection operation of either the ,department or the ,department of ,justice1 or a joint operation of the ,department and ,department of ,justice2 or 7v7 is otherwise required by law4 7k7 ,budget 7#a7 ,in general ,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 #bjbc1 a consolidated funding display that identifies the funding source for the actions described in subsection 7e7 within the ,department and the ,department of ,justice4 7#b7 ,classification ,each funding display submitted under paragraph 7#a7 shall be in unclassified form but may contain a classified annex4 7l7 ,public disclosures 7#a7 ,in general ,notwithstanding any provision of ,state1 local1 ,tribal1 or territorial law1 information shall be governed by the disclosure obligations set forth in section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 if the information relates to-- 7,a7 any capability1 limitation1 or sensitive detail of the operation of any technology used to carry out an action described in subsection 7e77#a7 of this section2 or 7,b7 an operational procedure or protocol used to carry out this section4 7#b7 ,state1 local1 ,tribal1 or territorial agency use 7,a7 ,control ,information described in paragraph 7#a7 that is obtained by a ,state1 local1 ,tribal1 or territorial law enforcement agency from a ,federal agency under this section-- 7i7 shall remain subject to the control of the ,federal agency1 notwithstanding that the ,state1 local1 ,tribal1 or territorial law enforcement agency has the information described in paragraph 7#a7 in the possession of the ,state1 local1 ,tribal1 or territorial law enforcement agency2 and 7ii7 shall not be subject to any ,state1 local1 ,tribal1 or territorial law authorizing or requiring disclosure of the information described in paragraph 7#a74 7,b7 ,access ,any request for public access to information described in paragraph 7#a7 shall be submitted to the originating ,federal agency1 which shall process the request as required under section #eeb7;a77#c7 of title #e1 ,united ,states ,code4 7m7 ,assistance and support 7#a7 ,facilities and services of other agencies and non-,federal entities 7,a7 ,in general ,the ,secretary and the ,attorney ,general are authorized to use or accept from any other ,federal agency1 or any other public or private entity1 any supply or service to facilitate or carry out any action described in subsection 7e74 7,b7 ,reimbursement ,in accordance with subparagraph 7,a71 the ,secretary and the ,attorney ,general may accept any supply or service with or without reimbursement to the entity providing the supply or service and notwithstanding any provision of law that would prevent the use or acceptance of the supply or service4 7,c7 ,agreements ,to implement the requirements of subsection 7a77#e77;,c71 the ,secretary or the ,attorney ,general may enter into #a or more agreements with the head of another executive agency or with an appropriate official of a non-,federal public or private agency or entity1 as may be necessary and proper to carry out the responsibilities of the ,secretary and ,attorney ,general under this section4 7#b7 ,mutual support 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary and the ,attorney ,general are authorized to provide support or assistance1 upon the request of a ,federal agency or department conducting-- 7i7 a mission described in subsection 7a77#e77;,c72 7ii7 a mission described in section #acj;i of title #aj1 ,united ,states ,code2 or 7iii7 a mission described in section #deaj of the ,atomic ,energy ,defense ,act 7#ej ,u4,s4,c4 #bffa74 7,b7 ,requirements ,any support or assistance provided by the ,secretary or the ,attorney ,general shall only be granted-- 7i7 for the purpose of fulfilling the roles and responsibilities of the ,federal agency or department that made the request for the mission for which the request was made2 7ii7 when exigent circumstances exist2 7iii7 for a specified duration and location2 7iv7 within available resources2 7v7 on a non-reimbursable basis2 and 7vi7 in coordination with the ,administrator of the ,federal ,aviation ,administration4 7n7 ,semiannual briefings and notifications 7#a7 ,in general ,on a semiannual basis beginning #ahj days after the date of enactment of the ,safeguarding the ,homeland from the ,threats ,posed by ,unmanned ,aircraft ,systems ,act of #bjbb1 the ,secretary and the ,attorney ,general shall1 respectively1 provide a briefing to the appropriate committees of ,congress on the activities carried out pursuant to this section4 7#b7 ,requirement ,the ,secretary and the ,attorney ,general each shall conduct the briefing required under paragraph 7#a7 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 activities carried out pursuant to this section to the national airspace system and other critical infrastructure relating to national transportation2 7,b7 a description of-- 7i7 each instance in which any action described in subsection 7e7 has been taken1 including any instances that may have resulted in harm1 damage1 or loss to a person or to private property2 7ii7 the guidance1 policies1 or procedures established by the ,secretary or the ,attorney ,general to address privacy1 civil rights1 and civil liberties issues implicated by the actions permitted under this section1 as well as any changes or subsequent efforts by the ,secretary or the ,attorney ,general that would significantly affect privacy1 civil rights1 or civil liberties2 7iii7 options considered and steps taken by the ,secretary or the ,attorney ,general to mitigate any identified impacts to the national airspace system relating to the use of any system or technology1 including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals1 for carrying out the actions described in subsection 7e77#b72 and 7iv7 each instance in which a communication intercepted or acquired during the course of operations of an unmanned aircraft system or unmanned aircraft was-- 7,i7 held in the possession of the ,department or the ,department of ,justice for more than #ahj days2 or 7,,ii7 shared with any entity other than the ,department or the ,department of ,justice2 7,c7 an explanation of how the ,secretary1 the ,attorney ,general1 and the ,secretary of ,transportation have-- 7i7 informed the public as to the possible use of authorities granted under this section2 and 7ii7 engaged with ,federal1 ,state1 local1 ,tribal1 and territorial law enforcement agencies to implement and use authorities granted under this section2 7,d7 an assessment of whether any gaps or insufficiencies remain in laws1 regulations1 and policies that impede the ability of the ,federal ,government or ,state1 local1 ,tribal1 and territorial governments and owners or operators of critical infrastructure to counter the threat posed by the malicious use of unmanned aircraft systems and unmanned aircraft2 7,e7 an assessment of efforts to integrate unmanned aircraft system threat assessments within ,national ,special ,security ,event and ,special ,event ,assessment ,rating planning and protection efforts2 7,f7 recommendations to remedy any gaps or insufficiencies described in subparagraph 7,d71 including recommendations relating to necessary changes in law1 regulations1 or policies2 7,g7 a description of the impact of the authorities granted under this section on-- 7i7 lawful operator access to national airspace2 and 7ii7 unmanned aircraft systems and unmanned aircraft integration into the national airspace system2 and 7,h7 a summary from the ,secretary of any data and results obtained pursuant to subsection 7r71 including an assessment of-- 7i7 how the details of the incident were obtained2 and 7ii7 whether the operation involved a violation of ,federal ,aviation ,administration aviation regulations4 7#d7 ,unclassified form ,each briefing required under paragraph 7#a7 shall be in unclassified form but may be accompanied by an additional classified briefing4 7#e7 ,notification 7,a7 ,in general ,not later than #cj days after an authorized department1 agency1 or owner or operator of an airport or critical infrastructure deploys any new technology to carry out the actions described in subsection 7e71 the ,secretary and the ,attorney ,general shall1 respectively or jointly1 as appropriate1 submit a notification of the deployment to the appropriate committees of ,congress4 7,b7 ,contents ,each notification submitted pursuant to subparagraph 7,a7 shall include a description of options considered to mitigate any identified impacts to the national airspace system relating to the use of any system or technology1 including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals in carrying out the actions described in subsection 7e74 7o7 ,rule of construction ,nothing in this section shall be construed to-- 7#a7 vest in the ,secretary1 the ,attorney ,general1 or any ,state1 local1 ,tribal1 or territorial law enforcement agency1 authorized under subsection 7c7 or designated under subsection 7d77#b7 any authority of the ,secretary of ,transportation or the ,administrator of the ,federal ,aviation ,administration2 7#b7 vest in the ,secretary of ,transportation1 the ,administrator of the ,federal ,aviation ,administration1 or any ,state1 local1 ,tribal1 or territorial law enforcement agency designated under subsection 7d77#b7 any authority of the ,secretary or the ,attorney ,general2 7#c7 vest in the ,secretary any authority of the ,attorney ,general2 7#d7 vest in the ,attorney ,general any authority of the ,secretary2 or 7#e7 provide a new basis of liability with respect to an officer of a ,state1 local1 ,tribal1 or territorial law enforcement agency designated under subsection 7d77#b7 or who participates in the protection of a mass gathering identified by the ,secretary or ,attorney ,general under subsection 7a77#e77;,c77iii77,,ii71 who-- 7,a7 is acting in the official capacity of the individual as an officer2 and 7,b7 does not exercise the authority granted to the ,secretary and the ,attorney ,general by this section4 7p7 ,termination 7#a7 ,termination of additional limited authority for detection1 identification1 monitoring1 and tracking ,the authority to carry out any action authorized under subsection 7c71 if performed by a non-,federal entity1 shall terminate on the date that is #e years and #f months after the date of enactment of the ,safeguarding the ,homeland from the ,threats ,posed by ,unmanned ,aircraft ,systems ,act of #bjbb and the authority for the pilot program established under subsection 7d7 shall terminate as provided for in paragraph 7#c7 of that subsection4 7#b7 ,termination of authorities with respect to covered facilities and assets ,the authority to carry out this section with respect to a covered facility or asset shall terminate on the date that is #g years after the date of enactment of the ,safeguarding the ,homeland from the ,threats ,posed by ,unmanned ,aircraft ,systems ,act of #bjbb4 7q7 ,scope of authority ,nothing in this section shall be construed to provide the ,secretary or the ,attorney ,general with any additional authority other than the authorities described in subsections 7a77#e77;,c77iii71 7b71 7c71 7d71 and 7f74 7r7 ,united ,states ,government database 7#a7 ,authorization ,the ,department is authorized to develop a ,federal database to enable the transmission of data concerning security-related incidents in the ,united ,states involving unmanned aircraft and unmanned aircraft systems between ,federal1 ,state1 local1 ,tribal1 and territorial law enforcement agencies for purposes of conducting analyses of such threats in the ,united ,states4 7#b7 ,policies1 plans1 and procedures 7,a7 ,coordination and consultation ,before implementation of the database developed under paragraph 7#a71 the ,secretary shall develop policies1 plans1 and procedures for the implementation of the database-- 7i7 in coordination with the ,attorney ,general1 the ,secretary of ,defense1 and the ,secretary of ,transportation 7through the ,administrator of the ,federal ,aviation ,administration72 and 7ii7 in consultation with ,state1 local1 ,tribal1 and territorial law enforcement agency representatives1 including representatives of fusion centers4 7,b7 ,reporting ,the policies1 plans1 and procedures developed under subparagraph 7,a7 shall include criteria for ,federal1 ,state1 local1 ,tribal1 and territorial reporting of unmanned aircraft systems or unmanned aircraft incidents4 7,c7 ,data retention ,the policies1 plans1 and procedures developed under subparagraph 7,a7 shall ensure that data on security-related incidents in the ,united ,states involving unmanned aircraft and unmanned aircraft systems that is retained as criminal intelligence information is retained based on the reasonable suspicion standard1 as permitted under part #bc of title #bh1 ,code of ,federal ,regulations4 4