,,ii #aaith ,,congress #b;d ,session ,s4 #dbfd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bf1 #bjbf,mr4 ,peters 7for himself and ,mr4 ,moran7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to provide ,,nasa the authority to detect1 identify1 monitor1 and track unmanned aircraft systems1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,nasa ,,uas ,detection ,act4 #b4 ,authority with respect to unmanned aircraft system identification and detection 7a7 ,in general ,subchapter ,,iii of chapter #bja of title #ea1 ,united ,states ,code1 is amended by adding at the end the following3 #bjaej4 ,detecting1 identifying1 monitoring1 and tracking unmanned aircraft systems and unmanned aircraft that threaten certain facilities and assets 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,b7 the ,committee on ,transportation and ,infrastructure and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives4 7#b7 ,covered facility or asset ,the term covered facility or asset means a facility or asset of the ,administration that-- 7,a7 is a ,,nasa center2 or 7,b7 is located within the property of the ,national ,aeronautics and ,space ,administration4 7#c7 ,electronic communication2 intercept2 oral communication2 wire communication ,the terms electronic communication1 intercept1 oral communication1 and wire communication have the meanings given those terms in section #beaj of title #ah4 7#d7 ,intelligence community ,the term intelligence community has the meaning given the term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#e7 ,personnel 7,a7 ,in general ,the term personnel means an officer1 employee1 or contractor of the ,administration authorized to perform duties that include safety1 security1 or protection of people1 facilities1 or assets4 7,b7 ,use of authority ,to qualify for use of the authority under subsection 7b71 a contractor conducting operations under such subsection shall satisfy the following3 7i7 ,be directly contracted by the ,administration4 7ii7 ,be assigned to law enforcement duties within the ,office of ,protective ,services of the ,administration4 7iii7 ,operate at a ,government-owned or ,government-leased facility4 7iv7 ,not conduct inherently governmental functions4 7v7 ,be trained and certified by the ,administration to meet the established guidance and regulations of the ,administration4 7vi7 ,be subject to the penalties specified in section #gii of title #ah4 7#f7 ,unmanned aircraft2 unmanned aircraft system ,the terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section #ddhja of title #di4 7b7 ,authority ,notwithstanding sections #ajcj and #acfg and chapters #aai and #bjf of title #ah1 the ,administrator may take1 and may authorize personnel with assigned duties that include the security or protection of people1 facilities1 or assets to take1 the actions described in subsection 7c7 that are necessary to detect1 identify1 monitor1 and track an unmanned aircraft system or unmanned aircraft that poses a credible threat 7as defined by the ,administrator1 in consultation with the ,secretary of ,transportation7 to the safety or security of a covered facility or asset4 7c7 ,actions described ,the actions described in this subsection are limited to such actions to detect1 identify1 monitor1 or track the unmanned aircraft systems 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 7d7 ,required coordination ,the ,administrator shall develop the actions described in subsection 7c7 in coordination with the ,administrator of the ,federal ,aviation ,administration4 7e7 ,training of personnel ,the ,administrator1 in coordination with the ,administrator of the ,federal ,aviation ,administration1 shall provide training on the actions described in subsection 7c7 to personnel authorized to take such actions4 7f7 ,aviation safety ,in carrying out any activity under this section1 the ,administrator shall coordinate with the ,administrator of the ,federal ,aviation ,administration in the case of any action authorized under this section that might affect aviation safety1 civilian aviation and aerospace operations1 aircraft airworthiness1 or the use of the airspace4 7g7 ,identification and assessment of covered facilities or assets 7#a7 ,inventory ,the ,administrator shall identify each covered facility or asset4 7#b7 ,risk-based assessment ,the ,administrator1 in coordination with the ,administrator of the ,federal ,aviation ,administration1 shall conduct a risk-based assessment of each covered facility or asset identified with respect to the risk that a credible threat by an unmanned aircraft system or unmanned aircraft poses to the operation of each such covered facility or asset1 that includes an evaluation of the following3 7,a7 ,threat information specific to each such covered facility or asset4 7,b7 ,each of the following factors1 with respect to potential impacts on the safety and efficiency of the national airspace system and law enforcement and national security needs while carrying out the actions described in subsection 7c73 7i7 ,potential effects to safety1 efficiency1 or use of the national airspace system1 including potential effects on a manned aircraft1 an unmanned aircraft system or unmanned aircraft1 aviation safety1 airport operations1 infrastructure1 or air navigation services related to the use of any system or technology for carrying out the actions described in subsection 7c74 7ii7 ,options for minimizing any identified effect to the national airspace system related to the use of any system or technology1 including minimizing any effect to civil aviation or air traffic control systems1 for carrying out the actions described in subsection 7c74 7iii7 ,potential consequences of the impacts of any actions described in subsection 7c7 to the national airspace system or infrastructure if not detected1 identified1 monitored1 or tracked4 7iv7 ,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 7v7 ,the setting and character of the covered facility or asset at issue1 including the following3 7,i7 ,whether the covered facility or asset is located in a populated area or near other structures4 7,,ii7 ,whether the covered facility or asset is open to the public4 7,,iii7 ,whether the covered facility or asset is used for nongovernmental functions4 7,,iv7 ,any potential for interference with wireless communications or for injury or damage to persons or property4 7vi7 ,potential consequences to national security1 public safety1 or law enforcement if a credible threat posed by an unmanned aircraft system or unmanned aircraft to the covered facility or asset at issue is not detected1 identified1 monitored1 or tracked4 7,c7 ,distribution ,not later than #ahj days after the date of the enactment of this section1 and annually thereafter1 the ,administrator shall distribute to each relevant department or agency 7including the ,department of ,transportation7 and the appropriate committees of ,congress1 through appropriate means1 a list of facilities and assets identified as covered facilities or assets4 7h7 ,technologies ,technologies used by the ,administration to take actions described in subsection 7c7 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 the ,national ,aeronautics and ,space ,administration1 and the ,national ,telecommunications and ,information ,administration4 7i7 ,guidance and procedures ,the ,administrator and the ,administrator of the ,federal ,aviation ,administration-- 7#a7 shall issue guidance1 and may prescribe appropriate procedures as necessary1 for the ,administrator to carry out this section2 and 7#b7 in developing such guidance and procedures1 shall consult the ,chairman of the ,federal ,communications ,commission1 the ,assistant ,secretary of ,commerce for ,communications and ,information1 the ,secretary of ,transportation1 and the head of any other agency determined appropriate by the ,administrator4 7j7 ,coordination 7#a7 ,coordination with ,federal ,aviation ,administration ,with respect to the development of guidance under subsection 7i71 the ,administrator-- 7,a7 shall coordinate with the ,administrator of the ,federal ,aviation ,administration2 and 7,b7 may coordinate with the heads of other agencies1 as determined relevant by the ,administrator4 7#b7 ,effect on aviation safety ,the ,administrator shall coordinate with the ,secretary of ,transportation and the ,administrator of the ,federal ,aviation ,administration before issuing any guidance or otherwise implementing this section1 if such guidance or implementation might affect aviation safety1 civilian aviation and aerospace operations1 aircraft airworthiness1 or the use of airspace4 7k7 ,privacy protection ,the guidance or procedures issued to carry out an action described in subsection 7c7 by the ,administrator shall ensure the following3 7#a7 ,the interception or acquisition of1 access to1 or maintenance or use of1 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 provisions of ,federal law4 7#b7 ,any communication to or from an unmanned aircraft system or an unmanned aircraft is intercepted or acquired only to the extent necessary to support an action described in subsection 7c74 7#c7 ,any record of such communication is maintained only for as long as necessary1 and in no event for more than #ahj days1 unless the ,administrator1 in consultation with the ,attorney ,general1 determines that maintenance of such records is necessary to investigate or prosecute a violation of law or to directly support an ongoing security operation4 7#d7 ,such communications are not disclosed to any person not employed or contracted by the ,administration for the purposes of carrying out this section unless the disclosure-- 7,a7 is necessary to investigate or prosecute a violation of law1 including by the ,department of ,defense or a ,federal law enforcement agency2 7,b7 would support the enforcement activities of a regulatory agency of the ,federal ,government in connection with a criminal or civil investigation of1 or any regulatory1 statutory1 or other enforcement action relating to1 an action described in subsection 7c72 or 7,c7 is otherwise required by law4 7l7 ,semiannual briefings and notifications 7#a7 ,in general ,on a semiannual basis beginning #f months after the date of the enactment of this section1 the ,administrator shall provide a briefing to the appropriate committees of ,congress on the activities carried out pursuant to this section4 7#b7 ,content ,each briefing required under paragraph 7#a7 shall include the following3 7,a7 ,information relating to policies1 programs1 and procedures to minimize or eliminate impacts of the actions carried out pursuant to subsection 7c7 to the national airspace system4 7,b7 ,a description of the following3 7i7 ,each instance that an action described in subsection 7c7 was taken1 including any such instance that may have resulted in harm1 damage1 or loss to a person or to private property4 7ii7 ,the guidance1 policies1 or procedures established by the ,administrator to address privacy1 civil rights1 and civil liberties issues implicated by the actions permitted under subsection 7c71 as well as any changes or subsequent efforts by the ,administrator that would significantly affect privacy1 civil rights1 or civil liberties4 7iii7 ,options considered and steps taken by the ,administrator to minimize any identified impacts to the national airspace system related to the use of any system or technology1 including minimizing any effects to civil aviation or air traffic control systems1 for carrying out the actions described in subsection 7c74 7iv7 ,such consultation conducted by the ,administrator with other agencies with respect to each action described under clauses 7ii7 and 7iii74 7v7 ,each instance in which a communication intercepted or acquired as a result of an action described in subsection 7c7 taken during operations of an unmanned aircraft system or unmanned aircraft was-- 7,i7 held in the possession of the ,administration for more than #ahj days2 or 7,,ii7 shared with any entity other than the ,administration4 7,c7 ,an explanation of how the ,administrator-- 7i7 informed the public with respect 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 such authorities4 7,d7 ,an assessment of whether any gaps or insufficiencies in laws1 regulations1 or policies impede the ability of the ,administration to detect1 identify1 monitor1 or track the credible threat posed by malicious1 inappropriate1 or unauthorized use of an unmanned aircraft system or unmanned aircraft to the safety or security of a covered facility or asset4 7,e7 ,recommendations to remedy any such gaps or insufficiencies1 including recommendations relating to the potential need for changes in laws1 regulations1 or policies1 as appropriate4 7#c7 ,unclassified form ,each briefing required under paragraph 7#a7 shall be unclassified but may be accompanied by an additional classified briefing4 7m7 ,scope of authority ,this section may not be interpreted to provide the ,administrator with any additional authority other than the authorities described in subsections 7b7 and 7g74 7n7 ,termination ,this section shall cease to have effect on ,september #cj1 #bjca4 7o7 ,rule of construction ,nothing in this section may be construed-- 7#a7 to vest in the ,administrator any authority of the head of any other ,federal agency2 7#b7 to vest in the head of any other ,federal agency any authority of the ,administrator2 or 7#c7 to modify the spectrum management authorities of the ,assistant ,secretary of ,commerce for ,communications and ,information under the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ija et seq474 4 7b7 ,clerical amendment ,the table of contents for chapter #bja of title #ea1 ,united ,states ,code1 is amended by inserting after the item relating to section #bjadi the following new item3 #bjaej4 ,detecting1 identifying1 monitoring1 and tracking unmanned aircraft systems and unmanned aircraft that threaten certain facilities and assets4 4