,,ii #aahth ,,congress #ast ,session ,s4 #hif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ba1 #bjbc,mr4 ,lee introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to authorize ,counter-,,uas activities on and off commercial service airport property1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stopping ,harmful ,incidents to ,enforce ,lawful ,drone ,use ,act or the ,,shield ,u ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,commercial service airport ,the term commercial service airport has the meaning given that term in paragraph 7#g7 of section #dgajb of title #di1 ,united ,states ,code1 and includes the area of navigable airspace necessary to ensure safety in the takeoff and landing of aircraft at the airport4 7#b7 ,covered air carrier ,the term covered air carrier means an air carrier or a foreign air carrier as those terms are defined in section #djajb of title #di1 ,united ,states ,code4 7#c7 ,counter-,,uas activities ,the term ,counter-,,uas activities means the following3 7,a7 ,detecting1 identifying1 monitoring1 and tracking an unmanned aircraft or unmanned aircraft system1 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 or unmanned aircraft system4 7,b7 ,warning an operator of an unmanned aircraft or unmanned aircraft system1 including by passive or active1 and direct or indirect physical1 electronic1 radio1 and electromagnetic means4 7,c7 ,disrupting control of an unmanned aircraft or unmanned aircraft system1 without prior consent1 including by disabling the unmanned aircraft or unmanned aircraft system by intercepting1 interfering1 or causing interference with wire1 oral1 electronic1 or radio communications used to control the unmanned aircraft or unmanned aircraft system4 7,d7 ,seizing or exercising control of an unmanned aircraft or unmanned aircraft system4 7,e7 ,seizing or otherwise confiscating an unmanned aircraft or unmanned aircraft system4 7,f7 ,using reasonable force to disable1 damage1 or destroy an unmanned aircraft or unmanned aircraft system4 7#d7 ,navigable airspace ,the term navigable airspace has the meaning given that term in paragraph 7#cb7 of section #djajb of title #di1 ,united ,states ,code4 7#e7 ,non-kinetic equipment ,the term non-kinetic equipment means equipment that is used to-- 7,a7 intercept or otherwise access a wire communication1 an oral communication1 an electronic communication1 or a radio communication used to control an unmanned aircraft or unmanned aircraft system2 and 7,b7 disrupt control of the unmanned aircraft or unmanned aircraft system1 without prior consent1 including by disabling the unmanned aircraft or unmanned aircraft system by intercepting1 interfering1 or causing interference with wire1 oral1 electronic1 or radio communications that are used to control the unmanned aircraft or unmanned aircraft system4 7#f7 ,threats posed by an unmanned aircraft or unmanned aircraft system ,the term threats posed by an unmanned aircraft or unmanned aircraft system means an unauthorized activity of an unmanned aircraft or unmanned aircraft system that is reasonably believed to-- 7,a7 create the potential for bodily harm to1 or loss of human life of1 a person within property under the jurisdiction of-- 7i7 a commercial service airport2 or 7ii7 a ,state or locality2 or 7,b7 have the potential to cause severe economic damage to-- 7i7 property of a commercial service airport2 or 7ii7 property under the jurisdiction of a ,state or locality4 7#g7 ,unmanned aircraft1 unmanned aircraft system ,the terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section #ddhja of title #di1 ,united ,states ,code4 #c4 ,counter-,,uas activities on commercial service airport property 7a7 ,counter-,,uas activities 7#a7 ,in general ,notwithstanding any other provision of law and subject to paragraph 7#c71 with respect to a commercial service airport1 the following departments and agencies may1 in a manner consistent with the ,fourth ,amendment to the ,constitution of the ,united ,states1 carry out ,counter-,,uas activities for purposes of detecting1 identifying1 and mitigating the threats posed by an unmanned aircraft or unmanned aircraft system to the safety or security of the airport3 7,a7 ,the ,department of ,homeland ,security4 7,b7 ,the ,state and local law enforcement agencies in the ,state in which the airport is located4 7,c7 ,the law enforcement agency of the airport4 7#b7 ,testing authority ,subject to paragraphs 7#c7 and 7#d71 the ,secretary of ,homeland ,security1 the heads of the ,state or local law enforcement agencies of the ,state in which a commercial service airport is located1 or the law enforcement agency of the commercial service airport1 may research1 test1 provide training on1 and evaluate any equipment1 including any electronic equipment1 to determine the capability and utility of the equipment to carry out ,counter-,,uas activities to detect1 identify1 and mitigate the threats posed by an unmanned aircraft or unmanned aircraft system to the safety or security of the airport4 7#c7 ,airport operator consent required ,activities permitted under paragraph 7#a7 or 7#b7 shall only be carried out with the consent of1 in consultation with1 and with the participation of1 the airport operator4 7#d7 ,consultation requirement for testing of non-kinetic equipment ,any testing of non-kinetic equipment carried out under the authority of this subsection shall be done in consultation with the ,federal ,communications ,commission and the ,national ,telecommunications and ,information ,administration4 7b7 ,non-,kinetic equipment 7#a7 ,in general ,before adopting any standard operating procedures within a tactical response plan for use of non-kinetic equipment to carry out a ,counter-,,uas activity under the authority of this section1 the ,secretary of ,homeland ,security and the heads of the ,state1 local1 or airport law enforcement agencies of the ,state in which a commercial service airport is located1 shall do the following3 7,a7 ,consult with the ,federal ,communications ,commission and the ,national ,telecommunications and ,information ,administration about the use of non-kinetic equipment to carry out a ,counter-,,uas activity consistent with the tactical response plan updates required under subsection 7c74 7,b7 ,jointly1 with the ,federal ,communications ,commission and the ,national ,telecommunications and ,information ,administration1 create a process for an authorized designee of the commercial service airport to1 consistent with procedures outlined in the tactical response plan 7as updated under subsection 7c771 notify the ,commission when non-kinetic equipment has been used to carry out a ,counter-,,uas activity4 7#b7 ,,fcc and ,,ntia duties ,the ,federal ,communications ,commission and the ,national ,telecommunications and ,information ,administration shall-- 7,a7 not later than #cj days after the date of enactment of this ,act1 assign to an office of the ,commission and to an office of the ,administration1 respectively1 responsibility for carrying out the consultation regarding the use of non-kinetic equipment to carry out ,counter-,,uas activities required by paragraph 7#a77;,a7 and the consultation regarding the testing of non-kinetic equipment required by subsection 7a77#d72 and 7,b7 not later than #ahj days after the responsibility described in subparagraph 7,a7 is assigned to each such office-- 7i7 publicly designate an office of the ,commission and an office of the ,administration1 respectively1 to receive the notifications from commercial service airports required under paragraph 7#a77;,b72 and 7ii7 make publicly available the process for the ,commission and the ,administration to carry out any follow up consultation1 if necessary4 7#c7 ,nonduplication ,to the greatest extent practicable1 the ,federal ,communications ,commission and the ,national ,telecommunications and ,information ,administration shall coordinate with respect to the consultations1 process creation1 follow up consultations1 and other requirements of this subsection and subsection 7a77#d7 so as to minimize duplication of requirements1 efforts1 and expenditures4 7c7 ,tactical response plan updates 7#a7 ,task force ,not later than #b years after the date of enactment of this ,act1 the airport director of each commercial service airport shall convene a task force for purposes of establishing or modifying the emergency action preparedness plan for the airport to include a tactical response plan for the detection1 identification1 and mitigation of threats posed by an unmanned aircraft or unmanned aircraft system4 7#b7 ,required coordination ,each task force convened under paragraph 7#a7 shall coordinate the establishing or modifying of the airport's emergency action preparedness plan with representatives of the following3 7,a7 ,the ,department of ,transportation4 7,b7 ,the ,federal ,aviation ,administration4 7,c7 ,the ,department of ,homeland ,security4 7,d7 ,the ,state and local law enforcement agencies in the ,state in which the airport is located4 7,e7 ,the law enforcement agency of the airport4 7,f7 ,the covered air carriers operating at the airport4 7,g7 ,representatives of general aviation operators at the airport4 7,h7 ,representatives of providers of telecommunications and broadband service with a service area that covers the airport property or the navigable airspace necessary to ensure safety in the takeoff and landing of aircraft at such airport4 7#c7 ,duties ,as part of the inclusion of a tactical response plan in the emergency action preparedness plan for a commercial service airport1 each task force convened under paragraph 7#a7 shall do the following3 7,a7 ,create and define the various threat levels posed by an unmanned aircraft or unmanned aircraft system to the airport4 7,b7 ,create the standard operating procedures for responding to each threat level defined under subparagraph 7,a7 that include a requirement to minimize collateral damage4 7,c7 ,define and assign to each entity specified in paragraph 7#b71 the role and responsibilities of the entity in carrying out the standard operating procedures for responding to a specified threat posed by an unmanned aircraft or unmanned aircraft system to the airport4 7,d7 ,designate the applicable ,state and local law enforcement agencies1 or the law enforcement agency of the airport1 in coordination with the ,department of ,homeland ,security1 as the first responders to any specified threat posed by an unmanned aircraft or unmanned aircraft system to the airport4 7,e7 ,narrowly tailor the use of non-kinetic ,counter-,,uas equipment 7if applicable under the standard operating procedures7 to only temporary activities necessary to mitigate an immediate threat posed by an unmanned aircraft or unmanned aircraft system to the airport4 7,f7 ,incorporate any existing ,federal guidance for updating airport emergency plans for responding to unauthorized unmanned aircraft system operations into #a tactical response plan for addressing threats posed by an unmanned aircraft or unmanned aircraft system4 7#d7 ,rule of construction ,nothing in this subsection shall be construed to require multiple tactical response plans or emergency action preparedness plans for addressing the threats posed by an unmanned aircraft1 an unmanned aircraft system1 or unauthorized unmanned aircraft system operations4 7d7 ,airport improvement program eligibility ,notwithstanding section #dgajb of title #di1 ,united ,states ,code1 the definition of the term airport development under that section shall include the purchase of equipment necessary to carry out ,counter-,,uas activities at commercial service airports4 7e7 ,best practices 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator of the ,federal ,aviation ,administration and the ,administrator of the ,transportation ,security ,administration acting jointly and in collaboration with airport directors of commercial service airports1 shall-- 7,a7 publish guidance regarding best practices for use of ,counter-,,uas ,activities at commercial service airports2 and 7,b7 make such guidance available to the airport director for each commercial service airport in the ,united ,states4 7#b7 ,annual updates ,the guidance issued under this subsection shall be annually updated to incorporate the most recent results and conclusions regarding best practices for the use of ,counter-,,uas activities at commercial service airports4 #d4 ,counter-,,uas activities off commercial service airport property 7a7 ,in general ,notwithstanding any other provision of law1 with respect to a ,state1 the ,state and local law enforcement agencies in the ,state may1 in a manner consistent with the ,fourth ,amendment to the ,constitution of the ,united ,states1 carry out ,counter-,,uas activities for purposes of detecting1 identifying1 and mitigating the threats posed by an unmanned aircraft or unmanned aircraft system within the jurisdiction of the ,state or locality4 7b7 ,testing authority 7#a7 ,in general 7,a7 ,states and localities ,subject to paragraphs 7#b7 and 7#c71 any ,state or locality of a ,state may establish testing areas for purposes of researching1 testing1 providing training on1 and evaluating of any equipment1 including any electronic equipment1 to determine the capability and utility of the equipment to carry out ,counter-,,uas activities to detect1 identify1 and mitigate the threats posed by an unmanned aircraft or unmanned aircraft system within the jurisdiction of the ,state or locality4 7,b7 ,private sector entities ,subject to paragraphs 7#b7 and 7#c71 any private sector entity may establish testing areas for purposes of researching1 testing1 providing training on1 and evaluating of any equipment1 including any electronic equipment1 to determine the capability and utility of the equipment to carry out ,counter-,,uas activities to detect1 identify1 and mitigate the threats posed by an unmanned aircraft or unmanned aircraft system1 so long as such activities are carried out in accordance with applicable ,state and local laws4 7#b7 ,,faa cooperation ,the ,federal ,aviation ,administration shall cooperate with any action by a ,state1 a locality of a ,state1 or a private sector entity to designate airspace to be used for testing under paragraph 7#a7 unless the ,state1 locality1 or entity designates an area of airspace that would create a significant safety hazard to airport operations1 air navigation facilities1 air traffic control systems1 or other components of the national airspace system that facilitate the safe and efficient operation of manned civil1 commercial1 or military aircraft within the ,united ,states4 7#c7 ,consultation requirement for testing of non-kinetic equipment ,any testing of non-kinetic equipment carried out under the authority of this subsection shall be done in consultation with the ,federal ,communications ,commission and the ,national ,telecommunications and ,information ,administration4 7c7 ,non-,kinetic equipment 7#a7 ,in general ,before adopting any standard operating procedures for using any non-kinetic equipment to carry out a ,counter-,,uas activity under the authority of this section1 a ,state or local law enforcement agency shall do the following3 7,a7 ,consult with the ,federal ,communications ,commission and the ,national ,telecommunications and ,information ,administration about the use of non-kinetic equipment to carry out a ,counter-,,uas activity and the standard operating procedures that the ,state or local law enforcement agency will follow for use of such equipment4 7,b7 ,jointly1 with the ,federal ,communications ,commission and the ,national ,telecommunications and ,information ,administration create a process for an authorized designee of the ,state or local law enforcement agency to notify the ,commission when non-kinetic equipment has been used to carry out a ,counter-,,uas activity4 7#b7 ,,fcc and ,,ntia duties ,the ,federal ,communications ,commission shall-- 7,a7 not later than #cj days after the date of enactment of this ,act1 assign to an office of the ,commission and to an office of the ,administration1 respectively1 responsibility for carrying out the consultation regarding the use of non-kinetic equipment to carry out ,counter-,,uas activities required under paragraph 7#a77;,a7 and the consultation regarding the testing of non-kinetic equipment required by subsection 7b77#c72 and 7,b7 not later than #ahj days after the responsibility described in subparagraph 7,a7 is assigned to each such office-- 7i7 publicly designate an office of the ,commission and an office of the ,administration1 respectively1 to receive the notifications from ,state or local law enforcement agencies required under paragraph 7#a77;,b72 and 7ii7 make publicly available the process for the ,commission and the ,administration to carry out any follow up consultation1 if necessary4 7#c7 ,nonduplication ,to the greatest extent practicable1 the ,federal ,communications ,commission and the ,national ,telecommunications and ,information ,administration shall coordinate with respect to the consultations1 process creation1 follow up consultations1 and other requirements of this subsection and subsection 7a77#d7 so as to minimize duplication of requirements1 efforts1 and expenditures4 7d7 ,coordination with the ,,faa ,section #cgf of the ,,faa ,reauthorization ,act of #bjah 7#di ,u4,s4,c4 #ddhjb note7 is amended-- 7#a7 in subsection 7b71 by adding at the end the following3 7#d7 ,permit a process for an applicable ,state or local law enforcement agency to notify and coordinate with the ,federal ,aviation ,administration on actions being taken by the ,state or local law enforcement agency to exercise the ,counter-,,uas activities authority established under section #d7;a7 of the ,,shield ,u ,act4 2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#c77;,g71 by striking and after the semicolon2 7,b7 in paragraph 7#d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#e7 establish a process that allows for collaboration and coordination between the ,federal ,aviation ,administration and the law enforcement of a ,state or local government with respect to the use of the ,counter-,,uas activities authority established under section #d7;a7 of the ,,shield ,u ,act4 4 7e7 ,interim notification plan 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator of the ,federal ,aviation ,administration shall establish a process under which-- 7,a7 the law enforcement agency of a ,state or local government may notify the ,administrator of an active threat posed by an unmanned aircraft or unmanned aircraft system within the jurisdiction of the ,state or local law enforcement agency and the intent of the agency to facilitate ,counter-,,uas activities2 7,b7 the ,administrator1 based on notice made pursuant to subparagraph 7,a71 shall issue immediate warnings to operators of both manned and unmanned aircraft operating within the area of airspace where the law enforcement agency's ,counter-,,uas activities are taking place2 and 7,c7 the ,administrator and the ,state and local law enforcement agency notify ,,uas operators and manned operators in the area that an area of airspace is clear once the ,state and local law enforcement have concluded the ,counter-,,uas activities to mitigate the threat4 7#b7 ,sunset ,the process established under paragraph 7#a7 shall terminate on the date on which the unmanned aircraft systems traffic management system required under section #cgf of the ,,faa ,reauthorization ,act of #bjah 7#di ,u4,s4,c4 #ddhjb note7 is fully implemented4 #e4 ,authority to enter into contracts to protect facilities from unmanned aircraft 7a7 ,authority ,the following ,federal departments are authorized to enter into contracts to carry out the following authorities3 7#a7 ,the ,department of ,defense for the purpose of carrying out activities under section #acj;i of title #aj1 ,united ,states ,code4 7#b7 ,the ,department of ,homeland ,security for the purpose of carrying out activities under section #baj;,g of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #abdn74 7#c7 ,the ,department of ,justice for the purpose of carrying out activities under section #baj;,g of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #abdn74 7#d7 ,the ,department of ,energy for the purpose of carrying out activities under section #deaj of the ,atomic ,energy ,defense ,act 7#ej ,u4,s4,c4 #bffa74 7b7 ,federal ,acquisition ,regulation ,not later than #ahj days after the date of the enactment of this ,act1 the ,federal ,acquisition ,regulatory ,council shall amend the ,federal ,acquisition ,regulation to implement the authority provided under subsection 7a74 7c7 ,annual publication of recommended vendors and equipment 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,director of the ,office of ,management and ,budget1 in consultation with the ,secretary of ,defense1 the ,secretary of ,homeland ,security1 the ,attorney ,general1 the ,secretary of ,energy1 the ,secretary of ,transportation1 and the heads of such other ,federal departments or agencies as determined appropriate by the ,director of the ,office of ,management and ,budget1 shall publish and make available to ,state and local governments the following3 7,a7 ,a list of vendors that are eligible under the ,federal ,acquisition ,regulation to enter into contracts with the ,federal ,government to carry out ,counter-,,uas activities4 7,b7 ,a list of ,counter-,,uas equipment that is recommended by the ,federal ,government to carry out ,counter-,,uas activities4 7#b7 ,annual risk assessment ,the ,director of the ,office of ,management and ,budget1 in consultation with the heads of the applicable ,federal departments and agencies1 shall review and reassess the vendors and equipment specified on the lists required to be published and made available under paragraph 7#a7 based on a risk assessment that is jointly considered by the applicable agencies as part of each annual update of such lists4 #f4 ,federal law enforcement training ,section #hhd7;c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dfd7;c77 is amended-- 7#a7 in paragraph 7#i71 by striking and at the end2 7#b7 by redesignating paragraph 7#aj7 as paragraph 7#aa72 and 7#c7 by inserting after paragraph 7#i7 the following3 7#aj7 develop and implement homeland security and law enforcement training curricula related to the use of ,counter-,,uas activities 7as defined in section #b of the ,,shield ,u ,act7 to protect against a threat from an unmanned aircraft or unmanned aircraft system 7as such terms are defined in section #baj;,g71 which shall-- 7,a7 include-- 7i7 training on the use of both kinetic and non-kinetic equipment2 7ii7 training on the tactics used to detect1 identify1 and mitigate a threat from an unmanned aircraft or unmanned aircraft system2 and 7iii7 such other curricula or training the ,director believes necessary2 and 7,b7 be made available to ,federal1 ,state1 local1 ,tribal1 and territorial law enforcement and security agencies and private sector security agencies2 and 4 #g4 ,authorized use of jamming technology ,title ,,iii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cja et seq47 is amended-- 7#a7 in section #cja 7#dg ,u4,s4,c4 #cja7-- 7,a7 by striking ,it is and inserting the following3 7a7 ,in general ,it is 2 and 7,b7 by adding at the end the following3 7b7 ,exception for an unmanned aircraft and unmanned aircraft system 7#a7 ,definitions ,in this subsection-- 7,a7 the term covered equipment means equipment that is used to-- 7i7 intercept or otherwise access a wire communication1 an oral communication1 an electronic communication1 or a radio communication used to control an unmanned aircraft or unmanned aircraft system2 and 7ii7 disrupt control of an unmanned aircraft or unmanned aircraft system1 without prior consent1 including by disabling the unmanned aircraft or unmanned aircraft system by intercepting1 interfering1 or causing interference with wire1 oral1 electronic1 or radio communications that are used to control the unmanned aircraft or unmanned aircraft system2 and 7,b7 the terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section #ddhja of title #di1 ,united ,states ,code4 7#b7 ,exception ,subsection 7a7 shall not apply with respect to actions taken by ,state or local law enforcement or the law enforcement agency of a commercial service airport using covered equipment in consultation with the ,commission to detect1 identify1 or mitigate a threat posed by an unmanned aircraft or unmanned aircraft system4 2 7#b7 in section #cjb 7#dg ,u4,s4,c4 #cjb;a71 by adding at the end the following3 7g7 ,exception for an unmanned aircraft and unmanned aircraft system 7#a7 ,definitions ,in this subsection1 the terms covered equipment1 unmanned aircraft1 and unmanned aircraft system have the meanings given those terms in section #cja4 7#b7 ,exception ,the provisions of this section shall not apply with respect to actions taken by ,state or local law enforcement or the law enforcement agency of a commercial service airport using covered equipment in consultation with the ,commission to detect1 identify1 or mitigate a threat posed by an unmanned aircraft or unmanned aircraft system4 2 and 7#c7 in section #ccc 7#dg ,u4,s4,c4 #ccc7-- 7,a7 by striking ,no person and inserting the following3 7a7 ,in general ,no person 2 and 7,b7 by adding at the end the following3 7b7 ,exception for an unmanned aircraft and unmanned aircraft system 7#a7 ,definitions ,in this subsection1 the terms covered equipment1 unmanned aircraft1 and unmanned aircraft system have the meanings given those terms in section #cja7;b74 7#b7 ,exception ,subsection 7a7 shall not apply with respect to actions taken by ,state or local law enforcement or the law enforcement agency of a commercial service airport using covered equipment in consultation with the ,commission to detect1 identify1 or mitigate a threat posed by an unmanned aircraft or unmanned aircraft system4 4 #h4 ,no abrogation of traditional police powers ,nothing in this ,act or the amendments made by this ,act shall be construed to abrogate the inherent authority of a ,state government or subdivision thereof from using their traditional police powers1 including 7but not limited to7 the authority to counter an imminent threat to public health or safety4