,,ii #aaith ,,congress #ast ,session ,s4 #cdha ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ae1 #bjbe,mr4 ,peters 7for himself1 ,mr4 ,grassley1 ,mr4 ,johnson1 and ,ms4 ,cortez ,masto7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to expand the authority to use counter-unmanned aircraft system technologies to ,state1 local1 ,tribal1 and territorial law enforcement and correctional agencies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,safer ,,skies ,act4 #b4 ,drone countermeasures to protect public safety and critical infrastructure ,section #baj;,g of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #abdn7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,authorities 7#a7 ,authority of the ,department of ,homeland ,security and ,department of ,justice ,notwithstanding section #dfejb of title #di1 ,united ,states ,code1 or sections #cb1 #ajcj1 #acfg and chapters #aai and #bjf of title #ah1 ,united ,states ,code1 the ,secretary and the ,attorney ,general may1 for their respective ,departments1 take and may authorize personnel to take such actions as are described in subsection 7b77#a7 that are necessary to enforce the law1 protect the public1 or to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset4 7#b7 ,authority of ,state1 local1 ,tribal1 and territorial law enforcement and correctional agencies ,notwithstanding section #dfejb of title #di1 ,united ,states ,code1 or sections #cb1 #ajcj1 #acfg and chapters #aai and #bjf of title #ah1 ,united ,states ,code1 notwithstanding the laws of any particular ,state1 local1 ,tribal1 or territorial jurisdiction1 and after completing the training detailed in subsection 7d77#b71 any ,state1 local1 ,tribal1 or territorial law enforcement or correctional agency may1 subject to subsection 7d77#b71 take1 and authorize personnel with assigned duties that include the security or protection of people1 facilities1 or assets1 to take such actions as are described in subsection 7b77#a7 that are necessary to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of people1 facilities1 and assets1 a venue or set of venues used for large-scale public gatherings or events1 critical infrastructure1 or correctional facilities4 2 7#b7 in subsection 7b77#a77;,b71 by striking and electromagnetic means and inserting electromagnetic means1 and through the use of remote identification broadcast or other means2 7#c7 in subsection 7c7-- 7,a7 by inserting pursuant to subsection 7a77#a7 after ,attorney ,general2 7,b7 by striking ,any unmanned and inserting the following3 7#a7 ,federal agencies ,any unmanned 2 and 7,c7 by adding at the end the following3 7#b7 ,other agencies ,any unmanned aircraft system or unmanned aircraft described in subsection 7a7 that is seized by a ,state1 local1 ,tribal1 or territorial law enforcement or correctional agency pursuant to subsection 7a77#b7 is subject to forfeiture under the laws of the agency's jurisdiction4 2 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by striking or the ,attorney ,general and inserting 1 the ,attorney ,general1 or any ,state1 local1 ,tribal1 or territorial law enforcement or correctional agency2 7,b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,state1 local1 ,tribal1 and territorial law enforcement training and certification 7,a7 ,training and certification required 7i7 ,in general ,only ,state1 local1 ,tribal1 or territorial law enforcement and correctional officers who have been trained and certified by the ,attorney ,general1 or the ,attorney ,general's designee1 in coordination with the ,secretary of ,homeland ,security through a national schoolhouse which will serve as the sole certifying authority for ,state1 local1 ,tribal1 territorial1 and correctional officers in the use of the authority granted under subsection 7a77#b71 may exercise authorities in subsection 7b77#a77;,c71 7,d71 and 7,f74 7ii7 ,training and certification procedures ,the ,attorney ,general1 in coordination with the ,secretary of ,homeland ,security1 the ,secretary of ,defense1 and the ,secretary of ,transportation1 shall1 not later than #ahj days after the date of enactment of the ,,safer ,,skies ,act1 develop training and certification procedures for the use of the authority described in subsection 7a77#b7 that ,state1 local1 ,tribal1 and territorial law enforcement and correctional officers shall be required to satisfy before taking any actions described in subsection 7b77#a74 7iii7 ,technologies ,technologies used by ,state1 local1 ,tribal1 and territorial law enforcement or correctional agencies to take actions described in subsection 7b77#a7 shall be limited to systems or technologies that are included on a list of authorized technologies maintained jointly by the ,department of ,justice1 the ,department of ,homeland ,security1 the ,department of ,defense1 the ,department of ,transportation1 the ,federal ,communications ,commission1 and the ,national ,telecommunications and ,information ,administration4 7,b7 ,oversight ,the ,attorney ,general1 in coordination with the ,secretary of ,homeland ,security and the ,administrator of the ,federal ,aviation ,administration1 shall oversee compliance with the requirements set forth in subsection 7e7 with respect to the use of the authority granted under subsection 7a77#b7 by each ,state1 local1 ,tribal1 and territorial law enforcement agency that has been certified pursuant to the training and certification requirements described in subparagraph 7,a74 7,c7 ,state1 local1 tribal1 and territorial law enforcement and correctional agencies mitigation notification requirement 7i7 ,in general ,any ,state1 local1 ,tribal1 or territorial law enforcement or correctional agency exercising authority under subsection 7a77#b7 shall1 within #dh hours of taking any mitigation action described in subsection 7b77#a71 submit a notification to the ,attorney ,general and the ,secretary of ,homeland ,security containing-- 7,i7 the date1 time1 and geographic location of the mitigation action2 7,,ii7 a brief description of the credible threat or safety concern necessitating such action2 7,,iii7 the type of mitigation capability employed2 and 7,,iv7 any known operational effects1 including the seizure1 disabling1 or destruction of an unmanned aircraft system or unmanned aircraft4 7ii7 ,report mechanism ,the ,attorney ,general and the ,secretary of ,homeland ,security shall establish a streamlined and secure submission mechanism to support the notification requirement under clause 7i74 7,d7 ,reports ,not later than #a year after the date of enactment of the ,,safer ,,skies ,act1 and biannually thereafter1 the ,attorney ,general1 in coordination with the ,secretary of ,homeland ,security and the ,secretary of ,transportation1 shall submit to the appropriate congressional committees an unclassified report with a classified annex on activities carried out by ,state1 local1 ,tribal1 and territorial law and correctional enforcement agencies exercising the authority granted under subsection 7a77#b7 and subject to the training and certification requirements described in subparagraph 7,a71 including-- 7i7 a description of the training and certification procedures developed and implemented pursuant to subparagraph 7,a77ii72 7ii7 a list of ,state1 local1 ,tribal1 and territorial law enforcement and correctional agencies that applied for and were certified to exercise the authorities granted by subsection 7a77#b72 7iii7 a list of currently authorized technologies pursuant to subparagraph 7,a77iii72 7iv7 the frequency1 location1 and circumstances of ,state1 local1 ,tribal1 territorial1 and correctional officers mitigation deployments and types of mitigation employed2 7v7 a list of any aviation security or safety incidents that occurred due to ,state1 local1 ,tribal1 territorial1 and correctional officers deployment of counter-,,uas technologies2 7vi7 recommendations for improving ,state1 local1 ,tribal1 and territorial law and correctional agencies counter-,,uas training1 oversight1 compliance1 and execution and the compliance audits required by section #f7;b77#b7 of the ,,safer ,,skies ,act2 and 7vii7 a determination on if ,state1 local1 ,tribal1 and territorial law and correctional agencies are able to fully protect critical infrastructure from the drone threat and if not1 recommendations on how to expand counter-,,uas authorities to critical infrastructure owners4 2 7#e7 in subsection 7e7-- 7,a7 in the matter preceding paragraph 7#a71 by striking or the ,attorney ,general and inserting 1 the ,attorney ,general1 or any ,state1 local1 ,tribal1 or territorial law enforcement or correctional agency2 7,b7 in paragraph 7#c7-- 7i7 by striking or the ,attorney ,general and inserting 1 the ,attorney ,general1 or any ,state1 local1 ,tribal1 or territorial law enforcement or correctional agency2 7ii7 by inserting 1 ,state1 local1 ,tribal1 or territorial after ,federal2 and 7iii7 by inserting 7as applicable7 after law2 7,c7 in paragraph 7#d71 in the matter preceding subparagraph 7,a71 by striking or the ,department of ,justice and inserting the ,department of ,justice1 or the ,state1 local1 ,tribal1 or territorial law enforcement or correctional agency2 and 7,d7 in paragraph 7#e7-- 7i7 by striking tribal and inserting ,tribal2 and 7ii7 by inserting other than those of an aeronautical communications system1 as allowed for in section #beaa7b77;g77ii77,,iv7 of title #ah1 ,united ,states ,code1 or information readily available to the public after which shall not include communications2 7#f7 in subsection 7g77#c77;,g7-- 7,a7 by inserting ,tribal1 territorial1 after ,state12 and 7,b7 by inserting 1 including those exercised under subsection 7a77#b7 after authorities2 7#g7 by redesignating subsections 7j71 7k71 and 7l7 as subsections 7k71 7l71 and 7m72 7#h7 by striking subsection 7i7 and inserting the following3 7i7 ,applicability of other laws to activities related to the mitigation of threats from unmanned aircraft systems or unmanned aircraft ,sections #cb1 #ajcj1 and #acfg and chapters #aai and #bjf of title #ah1 ,united ,states ,code1 and section #dfejb of title #di1 ,united ,states ,code1 may not be construed to apply to activities of the ,coast ,guard1 whether under this section or any other provision of law1 that-- 7#a7 are conducted outside the ,united ,states2 and 7#b7 are related to the mitigation of threats from unmanned aircraft systems or unmanned aircraft4 7j7 ,terminations 7#a7 ,counter-,,uas authority ,the authority to carry out this section with respect to a covered facility or asset1 protecting the public1 and enforcing the law shall terminate on ,september #cj1 #bjca4 7#b7 ,state1 local1 tribal1 and territorial law enforcement and correctional agencies ,authority of ,state1 local1 tribal1 and territorial law enforcement and correctional agencies under subsection 7a77#b7 shall terminate on ,december #ca1 #bjca4 2 7#i7 in subsection 7l71 as so redesignated-- 7,a7 in paragraph 7#c77;,c7 by inserting a ,federal law enforcement1 correctional1 and homeland security agency mission necessary to enforce the law1 protect the public or to after directly relates to2 7,b7 by striking paragraph 7#f7 and inserting the following3 7#f7 7,a7 ,for purposes of subsection 7a77#a71 the term personnel means officers1 employees1 contractors1 detailed personnel1 and deputized personnel who perform ,federal law enforcement1 correctional1 homeland or national security duties4 7,b7 ,for purposes of subsection 7a77#b71 the term personnel means officers and employees of ,state1 local1 ,tribal1 and territorial law enforcement and correctional agencies4 2 and 7,c7 by adding at the end the following3 7#i7 ,the term correctional facility means any jail1 prison1 or any other penal or detention facility operated by a ,state1 local1 ,tribal1 or territorial law enforcement agency1 or by a private party that is under contract with a ,state1 local1 ,tribal1 or territorial law enforcement agency1 and used to house individuals who have been arrested1 detained1 held1 or charged with or convicted of criminal offenses4 7#aj7 ,the term critical infrastructure has the meaning given the term in subsection 7e7 of the ,critical ,infrastructures ,protection ,act of #bjja 7,public ,law #ajg-ef74 2 and 7#aj7 by adding at the end the following3 7n7 ,reimbursement program ,not later than #ahj days of after the date of enactment of the ,,safer ,,skies ,act1 the ,secretary of ,homeland ,security and the ,attorney ,general shall provide the appropriate congressional committees with a plan to establish a reimbursement program for ,federal agencies providing counter-,,uas protection to events that are not organized or operated by the ,federal ,government4 4 #c4 ,use of grant funds for unmanned aircraft and counter unmanned aircraft systems ,section #eja7;a77#a7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaeb7;a77#a77 is amended by adding at the end the following3 7,j7 ,programs to purchase and operate unmanned aircraft systems 7as defined in section #ddhja of title #di1 ,united ,states ,code7 to benefit public safety4 7,k7 ,programs to purchase and operate counter-,,uas systems 7as defined in section #ddhja of title #di1 ,united ,states ,code7 included on the list of technologies established by subsection 7d77#b77;,a77iii7 section #baj;,g of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #abdn7d77#b77;,a77iii77 to exercise the authority granted under subsection 7a77#b7 of such section4 4 #d4 ,use of grant funds for unmanned aircraft ,section #agja7;b7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha7;b77 is amended-- 7#a7 by redesignating paragraphs 7#bc7 and 7#bd7 as paragraphs 7#bd7 and 7#be71 respectively2 7#b7 by inserting after paragraph 7#bb7 the following3 7#bc7 to purchase and operate unmanned aircraft systems 7as such term is defined in section #ddhja of title #di1 ,united ,states ,code7 to benefit public safety2 2 and 7#c7 in paragraph 7#bd71 as so redesignated1 by striking 7#bb7 and inserting 7#bc74 #e4 ,penalties 7a7 ,definition ,in this section1 the term unmanned aircraft has the meaning given the term in section #ddhja of title #di1 ,united ,states ,code4 7b7 ,felony penalty for repeat violation of national defense airspace ,section #dfcjg of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 ,if a person is convicted of a second or subsequent offense under this section1 the punishment shall be imprisonment for not more than #e years1 a fine under title #ah1 or both44 7c7 ,increased penalties for operation of unmanned aircraft ,to facilitate felony offense ,if a person who is convicted of a felony offense 7other than an offense based solely on the operation of an unmanned aircraft7 knowingly operated an unmanned aircraft during1 in relation to1 or in furtherance of such offense1 the maximum imprisonment otherwise provided by law for that offense shall be doubled or increased by #e years1 whichever is less4 7d7 ,increased penalties for use of unmanned aircraft to introduce contraband into prisons ,if a defendant who is convicted under section #agia of title #ah1 ,united ,states ,code1 knowingly used an unmanned aircraft to provide a prohibited object to an inmate of a prison1 the maximum imprisonment otherwise provided by law for that offense shall be increased by #e years4 7e7 ,directive to ,united ,states ,sentencing ,commission3 enhanced sentencing range for use of unmanned aircraft 7#a7 ,in general ,to carry out the purposes of this section1 during the ,sentencing ,commission's amendment cycle in progress at the time this ,act is enacted1 the ,commission shall1 under section #iid of title #bh1 ,united ,states ,code-- 7,a7 promulgate guidelines1 or amendments to guidelines1 that substantially increase the sentencing range for all offenses involving the use of an unmanned aircraft2 and 7,b7 as necessary1 promulgate policy statements1 or amendments to policy statements to assist in the application of this section4 7#b7 ,enhanced penalties ,in any case in which the enhanced penalties of subsection 7c7 apply1 the guidelines and amendments issued under paragraph 7#a7 shall call for an increase of at least #f levels in the base offense level and in all other cases1 the base offense level shall be increased by at least #d levels4 7f7 ,penalties for unauthorized counter-,,uas actions ,any entity or individual authorized to take such actions to mitigate the threat posed by an unmanned aircraft system or unmanned aircraft pursuant to section #baj;,g of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #abdn7 who knowingly engages in such actions without ,federal coordination as required by those statutes1 shall be subject to-- 7#a7 a civil fine up to #ajj1jjj per violation2 or 7#b7 suspension of counter-,,uas authority pending review by the ,attorney ,general or ,secretary of ,homeland ,security4 7g7 ,civil enforcement ,the ,attorney ,general is authorized to bring a civil action in a ,united ,states district court to collect fines and enforce civil penalties imposed under this section4 7h7 ,effective date ,this section and the amendments made by this section shall take effect #cj days after enactment of this ,act4 #f4 ,rulemaking and implementation 7a7 ,rulemaking authority 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,homeland ,security and the ,attorney ,general1 in coordination with the ,secretary of ,defense and the ,secretary of ,transportation1 shall develop and publish regulations governing counter-,,uas authority for ,,sltt law enforcement agencies and correctional agencies under this ,act and the amendments made by this ,act4 7#b7 ,role of ,,faa ,in carrying out the rulemaking in paragraph 7#a71 the ,secretary of ,homeland ,security and the ,attorney ,general shall coordinate with the ,administrator of the ,federal ,aviation ,administration on any aspect of the rulemaking that affects aviation safety1 civilian aviation and aerospace operations1 aircraft airworthiness1 or the use of airspace4 7#c7 ,saving clause ,nothing in this section shall be construed to vest in the ,secretary or the ,attorney ,general any authority of the ,secretary of ,transportation or the ,administrator of the ,federal ,aviation ,administration4 7#d7 ,authorized equipment and technology ,the ,secretary of ,homeland ,security1 the ,attorney ,general1 the ,secretary of ,defense1 in coordination with the ,administrator of the ,federal ,aviation ,administration1 the ,chairman of the ,federal ,communications ,commission1 and the ,administrator of ,national ,telecommunications and ,information ,administrator shall authorize equipment and technology to be used for actions in subparagraphs 7,b71 7,c71 7,d71 and 7,f7 of section #baj;,g7b77#a7 of the ,homeland ,security ,act of #bjjb4 7b7 ,training and compliance 7#a7 ,in general ,the ,attorney ,general1 in coordination with the ,secretary of ,homeland ,security1 the ,secretary of ,defense1 and the ,department of ,transportation1 shall approve standards for training programs for ,,sltt law enforcement agencies or correctional agencies for the safe and lawful interception of drones4 ,such training programs shall include instruction on the legal1 operational1 and technological aspects of counter-,,uas operations4 7#b7 ,compliance audits ,the ,attorney ,general and the ,secretary of ,homeland ,security shall periodically conduct compliance audits to prevent misuse of counter-,,uas authority4 7c7 ,definitions ,in this section3 7#a7 ,,sltt law enforcement agency ,the term ,,sltt law enforcement agency means a ,state1 local1 ,tribal1 or territorial law enforcement agency4 7#b7 ,correctional agency ,the term correctional agency means a ,federal1 ,state1 local1 ,tribal1 or territorial government body responsible for operating correctional facilities or a private party that is under contract with a ,state1 local1 ,tribal1 or territorial law enforcement agency to operate such facilities4 7#c7 ,correctional facility ,the term correctional facility means any jail1 prison1 or any other penal or detention facility operated by a ,state1 local1 ,tribal1 or territorial law enforcement agency1 or by a private party that is under contract with a ,state1 local1 ,tribal1 or territorial law enforcement agency1 and used to house individuals who have been arrested1 detained1 held1 or charged with or convicted of criminal offenses4 #g4 ,severability ,if any provision of this ,act1 or the application of any provision of this ,act to any person or circumstance is held invalid1 the application of such provision or circumstance and the remainder of this ,act shall not be affected thereby4