[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 896 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 896
To authorize Counter-UAS activities on and off commercial service
airport property, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2023
Mr. Lee introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To authorize Counter-UAS activities on and off commercial service
airport property, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Harmful Incidents to
Enforce Lawful Drone Use Act'' or the ``SHIELD U Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commercial service airport.--The term ``commercial
service airport'' has the meaning given that term in paragraph
(7) of section 47102 of title 49, United States Code, and
includes the area of navigable airspace necessary to ensure
safety in the takeoff and landing of aircraft at the airport.
(2) Covered air carrier.--The term ``covered air carrier''
means an air carrier or a foreign air carrier as those terms
are defined in section 40102 of title 49, United States Code.
(3) Counter-UAS activities.--The term ``Counter-UAS
activities'' means the following:
(A) Detecting, identifying, monitoring, and
tracking an unmanned aircraft or unmanned aircraft
system, without prior consent, including by means of
intercept or other access of a wire communication, an
oral communication, or an electronic communication used
to control the unmanned aircraft or unmanned aircraft
system.
(B) Warning an operator of an unmanned aircraft or
unmanned aircraft system, including by passive or
active, and direct or indirect physical, electronic,
radio, and electromagnetic means.
(C) Disrupting control of an unmanned aircraft or
unmanned aircraft system, without prior consent,
including by disabling the unmanned aircraft or
unmanned aircraft system by intercepting, interfering,
or causing interference with wire, oral, electronic, or
radio communications used to control the unmanned
aircraft or unmanned aircraft system.
(D) Seizing or exercising control of an unmanned
aircraft or unmanned aircraft system.
(E) Seizing or otherwise confiscating an unmanned
aircraft or unmanned aircraft system.
(F) Using reasonable force to disable, damage, or
destroy an unmanned aircraft or unmanned aircraft
system.
(4) Navigable airspace.--The term ``navigable airspace''
has the meaning given that term in paragraph (32) of section
40102 of title 49, United States Code.
(5) Non-kinetic equipment.--The term ``non-kinetic
equipment'' means equipment that is used to--
(A) intercept or otherwise access a wire
communication, an oral communication, an electronic
communication, or a radio communication used to control
an unmanned aircraft or unmanned aircraft system; and
(B) disrupt control of the unmanned aircraft or
unmanned aircraft system, without prior consent,
including by disabling the unmanned aircraft or
unmanned aircraft system by intercepting, interfering,
or causing interference with wire, oral, electronic, or
radio communications that are used to control the
unmanned aircraft or unmanned aircraft system.
(6) 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--
(A) create the potential for bodily harm to, or
loss of human life of, a person within property under
the jurisdiction of--
(i) a commercial service airport; or
(ii) a State or locality; or
(B) have the potential to cause severe economic
damage to--
(i) property of a commercial service
airport; or
(ii) property under the jurisdiction of a
State or locality.
(7) Unmanned aircraft, unmanned aircraft system.--The terms
``unmanned aircraft'' and ``unmanned aircraft system'' have the
meanings given those terms in section 44801 of title 49, United
States Code.
SEC. 3. COUNTER-UAS ACTIVITIES ON COMMERCIAL SERVICE AIRPORT PROPERTY.
(a) Counter-UAS Activities.--
(1) In general.--Notwithstanding any other provision of law
and subject to paragraph (3), with respect to a commercial
service airport, the following departments and agencies may, in
a manner consistent with the Fourth Amendment to the
Constitution of the United States, carry out Counter-UAS
activities for purposes of detecting, identifying, and
mitigating the threats posed by an unmanned aircraft or
unmanned aircraft system to the safety or security of the
airport:
(A) The Department of Homeland Security.
(B) The State and local law enforcement agencies in
the State in which the airport is located.
(C) The law enforcement agency of the airport.
(2) Testing authority.--Subject to paragraphs (3) and (4),
the Secretary of Homeland Security, the heads of the State or
local law enforcement agencies of the State in which a
commercial service airport is located, or the law enforcement
agency of the commercial service airport, may research, test,
provide training on, and evaluate any equipment, including any
electronic equipment, to determine the capability and utility
of the equipment to carry out Counter-UAS activities to detect,
identify, and mitigate the threats posed by an unmanned
aircraft or unmanned aircraft system to the safety or security
of the airport.
(3) Airport operator consent required.--Activities
permitted under paragraph (1) or (2) shall only be carried out
with the consent of, in consultation with, and with the
participation of, the airport operator.
(4) 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 Administration.
(b) Non-Kinetic Equipment.--
(1) 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 section, the Secretary of Homeland Security
and the heads of the State, local, or airport law enforcement
agencies of the State in which a commercial service airport is
located, shall do the following:
(A) 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 (c).
(B) Jointly, with the Federal Communications
Commission and the National Telecommunications and
Information Administration, create a process for an
authorized designee of the commercial service airport
to, consistent with procedures outlined in the tactical
response plan (as updated under subsection (c)), notify
the Commission when non-kinetic equipment has been used
to carry out a Counter-UAS activity.
(2) FCC and ntia duties.--The Federal Communications
Commission and the National Telecommunications and Information
Administration shall--
(A) not later than 30 days after the date of
enactment of this Act, assign to an office of the
Commission and to an office of the Administration,
respectively, responsibility for carrying out the
consultation regarding the use of non-kinetic equipment
to carry out Counter-UAS activities required by
paragraph (1)(A) and the consultation regarding the
testing of non-kinetic equipment required by subsection
(a)(4); and
(B) not later than 180 days after the
responsibility described in subparagraph (A) is
assigned to each such office--
(i) publicly designate an office of the
Commission and an office of the Administration,
respectively, to receive the notifications from
commercial service airports required under
paragraph (1)(B); and
(ii) make publicly available the process
for the Commission and the Administration to
carry out any follow up consultation, if
necessary.
(3) Nonduplication.--To the greatest extent practicable,
the Federal Communications Commission and the National
Telecommunications and Information Administration shall
coordinate with respect to the consultations, process creation,
follow up consultations, and other requirements of this
subsection and subsection (a)(4) so as to minimize duplication
of requirements, efforts, and expenditures.
(c) Tactical Response Plan Updates.--
(1) Task force.--Not later than 2 years after the date of
enactment of this Act, 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 detection, identification, and mitigation of threats posed
by an unmanned aircraft or unmanned aircraft system.
(2) Required coordination.--Each task force convened under
paragraph (1) shall coordinate the establishing or modifying of
the airport's emergency action preparedness plan with
representatives of the following:
(A) The Department of Transportation.
(B) The Federal Aviation Administration.
(C) The Department of Homeland Security.
(D) The State and local law enforcement agencies in
the State in which the airport is located.
(E) The law enforcement agency of the airport.
(F) The covered air carriers operating at the
airport.
(G) Representatives of general aviation operators
at the airport.
(H) 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 airport.
(3) Duties.--As part of the inclusion of a tactical
response plan in the emergency action preparedness plan for a
commercial service airport, each task force convened under
paragraph (1) shall do the following:
(A) Create and define the various threat levels
posed by an unmanned aircraft or unmanned aircraft
system to the airport.
(B) Create the standard operating procedures for
responding to each threat level defined under
subparagraph (A) that include a requirement to minimize
collateral damage.
(C) Define and assign to each entity specified in
paragraph (2), 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 airport.
(D) Designate the applicable State and local law
enforcement agencies, or the law enforcement agency of
the airport, in coordination with the Department of
Homeland Security, as the first responders to any
specified threat posed by an unmanned aircraft or
unmanned aircraft system to the airport.
(E) Narrowly tailor the use of non-kinetic Counter-
UAS equipment (if applicable under the standard
operating procedures) to only temporary activities
necessary to mitigate an immediate threat posed by an
unmanned aircraft or unmanned aircraft system to the
airport.
(F) Incorporate any existing Federal guidance for
updating airport emergency plans for responding to
unauthorized unmanned aircraft system operations into 1
tactical response plan for addressing threats posed by
an unmanned aircraft or unmanned aircraft system.
(4) 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 aircraft, an unmanned aircraft system, or
unauthorized unmanned aircraft system operations.
(d) Airport Improvement Program Eligibility.--Notwithstanding
section 47102 of title 49, United States Code, 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 airports.
(e) Best Practices.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, 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
airports, shall--
(A) publish guidance regarding best practices for
use of Counter-UAS Activities at commercial service
airports; and
(B) make such guidance available to the airport
director for each commercial service airport in the
United States.
(2) 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 airports.
SEC. 4. COUNTER-UAS ACTIVITIES OFF COMMERCIAL SERVICE AIRPORT PROPERTY.
(a) In General.--Notwithstanding any other provision of law, with
respect to a State, the State and local law enforcement agencies in the
State may, in a manner consistent with the Fourth Amendment to the
Constitution of the United States, carry out Counter-UAS activities for
purposes of detecting, identifying, and mitigating the threats posed by
an unmanned aircraft or unmanned aircraft system within the
jurisdiction of the State or locality.
(b) Testing Authority.--
(1) In general.--
(A) States and localities.--Subject to paragraphs
(2) and (3), any State or locality of a State may
establish testing areas for purposes of researching,
testing, providing training on, and evaluating of any
equipment, including any electronic equipment, to
determine the capability and utility of the equipment
to carry out Counter-UAS activities to detect,
identify, and mitigate the threats posed by an unmanned
aircraft or unmanned aircraft system within the
jurisdiction of the State or locality.
(B) Private sector entities.--Subject to paragraphs
(2) and (3), any private sector entity may establish
testing areas for purposes of researching, testing,
providing training on, and evaluating of any equipment,
including any electronic equipment, to determine the
capability and utility of the equipment to carry out
Counter-UAS activities to detect, identify, and
mitigate the threats posed by an unmanned aircraft or
unmanned aircraft system, so long as such activities
are carried out in accordance with applicable State and
local laws.
(2) FAA cooperation.--The Federal Aviation Administration
shall cooperate with any action by a State, a locality of a
State, or a private sector entity to designate airspace to be
used for testing under paragraph (1) unless the State,
locality, or entity designates an area of airspace that would
create a significant safety hazard to airport operations, air
navigation facilities, air traffic control systems, or other
components of the national airspace system that facilitate the
safe and efficient operation of manned civil, commercial, or
military aircraft within the United States.
(3) 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 Administration.
(c) Non-Kinetic Equipment.--
(1) 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 section, a
State or local law enforcement agency shall do the following:
(A) 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
equipment.
(B) Jointly, 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 activity.
(2) FCC and ntia duties.--The Federal Communications
Commission shall--
(A) not later than 30 days after the date of
enactment of this Act, assign to an office of the
Commission and to an office of the Administration,
respectively, responsibility for carrying out the
consultation regarding the use of non-kinetic equipment
to carry out Counter-UAS activities required under
paragraph (1)(A) and the consultation regarding the
testing of non-kinetic equipment required by subsection
(b)(3); and
(B) not later than 180 days after the
responsibility described in subparagraph (A) is
assigned to each such office--
(i) publicly designate an office of the
Commission and an office of the Administration,
respectively, to receive the notifications from
State or local law enforcement agencies
required under paragraph (1)(B); and
(ii) make publicly available the process
for the Commission and the Administration to
carry out any follow up consultation, if
necessary.
(3) Nonduplication.--To the greatest extent practicable,
the Federal Communications Commission and the National
Telecommunications and Information Administration shall
coordinate with respect to the consultations, process creation,
follow up consultations, and other requirements of this
subsection and subsection (a)(4) so as to minimize duplication
of requirements, efforts, and expenditures.
(d) Coordination With the FAA.--Section 376 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 44802 note) is amended--
(1) in subsection (b), by adding at the end the following:
``(4) 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 4(a) of the
SHIELD U Act.''; and
(2) in subsection (c)--
(A) in paragraph (3)(G), by striking ``and'' after
the semicolon;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) 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 4(a) of the SHIELD U Act.''.
(e) Interim Notification Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a process under which--
(A) 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 activities;
(B) the Administrator, based on notice made
pursuant to subparagraph (A), 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 place; and
(C) 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 threat.
(2) Sunset.--The process established under paragraph (1)
shall terminate on the date on which the unmanned aircraft
systems traffic management system required under section 376 of
the FAA Reauthorization Act of 2018 (49 U.S.C. 44802 note) is
fully implemented.
SEC. 5. AUTHORITY TO ENTER INTO CONTRACTS TO PROTECT FACILITIES FROM
UNMANNED AIRCRAFT.
(a) Authority.--The following Federal departments are authorized to
enter into contracts to carry out the following authorities:
(1) The Department of Defense for the purpose of carrying
out activities under section 130i of title 10, United States
Code.
(2) The Department of Homeland Security for the purpose of
carrying out activities under section 210G of the Homeland
Security Act of 2002 (6 U.S.C. 124n).
(3) The Department of Justice for the purpose of carrying
out activities under section 210G of the Homeland Security Act
of 2002 (6 U.S.C. 124n).
(4) The Department of Energy for the purpose of carrying
out activities under section 4510 of the Atomic Energy Defense
Act (50 U.S.C. 2661).
(b) Federal Acquisition Regulation.--Not later than 180 days after
the date of the enactment of this Act, the Federal Acquisition
Regulatory Council shall amend the Federal Acquisition Regulation to
implement the authority provided under subsection (a).
(c) Annual Publication of Recommended Vendors and Equipment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Director of
the Office of Management and Budget, in consultation with the
Secretary of Defense, the Secretary of Homeland Security, the
Attorney General, the Secretary of Energy, the Secretary of
Transportation, and the heads of such other Federal departments
or agencies as determined appropriate by the Director of the
Office of Management and Budget, shall publish and make
available to State and local governments the following:
(A) 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
activities.
(B) A list of Counter-UAS equipment that is
recommended by the Federal Government to carry out
Counter-UAS activities.
(2) Annual risk assessment.--The Director of the Office of
Management and Budget, in consultation with the heads of the
applicable Federal departments and agencies, shall review and
reassess the vendors and equipment specified on the lists
required to be published and made available under paragraph (1)
based on a risk assessment that is jointly considered by the
applicable agencies as part of each annual update of such
lists.
SEC. 6. FEDERAL LAW ENFORCEMENT TRAINING.
Section 884(c) of the Homeland Security Act of 2002 (6 U.S.C.
464(c)) is amended--
(1) in paragraph (9), by striking ``and'' at the end;
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following:
``(10) develop and implement homeland security and law
enforcement training curricula related to the use of Counter-
UAS activities (as defined in section 2 of the SHIELD U Act) to
protect against a threat from an unmanned aircraft or unmanned
aircraft system (as such terms are defined in section 210G),
which shall--
``(A) include--
``(i) training on the use of both kinetic
and non-kinetic equipment;
``(ii) training on the tactics used to
detect, identify, and mitigate a threat from an
unmanned aircraft or unmanned aircraft system;
and
``(iii) such other curricula or training
the Director believes necessary; and
``(B) be made available to Federal, State, local,
Tribal, and territorial law enforcement and security
agencies and private sector security agencies; and''.
SEC. 7. AUTHORIZED USE OF JAMMING TECHNOLOGY.
Title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.)
is amended--
(1) in section 301 (47 U.S.C. 301)--
(A) by striking ``It is'' and inserting the
following:
``(a) In General.--It is''; and
(B) by adding at the end the following:
``(b) Exception for an Unmanned Aircraft and Unmanned Aircraft
System.--
``(1) Definitions.--In this subsection--
``(A) the term `covered equipment' means equipment
that is used to--
``(i) intercept or otherwise access a wire
communication, an oral communication, an
electronic communication, or a radio
communication used to control an unmanned
aircraft or unmanned aircraft system; and
``(ii) disrupt control of an unmanned
aircraft or unmanned aircraft system, without
prior consent, including by disabling the
unmanned aircraft or unmanned aircraft system
by intercepting, interfering, or causing
interference with wire, oral, electronic, or
radio communications that are used to control
the unmanned aircraft or unmanned aircraft
system; and
``(B) the terms `unmanned aircraft' and `unmanned
aircraft system' have the meanings given those terms in
section 44801 of title 49, United States Code.
``(2) Exception.--Subsection (a) 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
detect, identify, or mitigate a threat posed by an unmanned
aircraft or unmanned aircraft system.'';
(2) in section 302 (47 U.S.C. 302a), by adding at the end
the following:
``(g) Exception for an Unmanned Aircraft and Unmanned Aircraft
System.--
``(1) Definitions.--In this subsection, the terms `covered
equipment', `unmanned aircraft', and `unmanned aircraft system'
have the meanings given those terms in section 301.
``(2) 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 detect, identify, or mitigate a threat posed
by an unmanned aircraft or unmanned aircraft system.''; and
(3) in section 333 (47 U.S.C. 333)--
(A) by striking ``No person'' and inserting the
following:
``(a) In General.--No person''; and
(B) by adding at the end the following:
``(b) Exception for an Unmanned Aircraft and Unmanned Aircraft
System.--
``(1) Definitions.--In this subsection, the terms `covered
equipment', `unmanned aircraft', and `unmanned aircraft system'
have the meanings given those terms in section 301(b).
``(2) Exception.--Subsection (a) 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
detect, identify, or mitigate a threat posed by an unmanned
aircraft or unmanned aircraft system.''.
SEC. 8. 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 powers,
including (but not limited to) the authority to counter an imminent
threat to public health or safety.
<all>