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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7586 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 7586

To establish a Department of State Domestic Protection Mission relating 
           to unmanned aircraft system and unmanned aircraft.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 7, 2024

 Mr. Mills (for himself and Mr. McCaul) introduced the following bill; 
which was referred to the Committee on Foreign Affairs, and in addition 
to the Committees on Transportation and Infrastructure, the Judiciary, 
and Energy and Commerce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To establish a Department of State Domestic Protection Mission relating 
           to unmanned aircraft system and unmanned aircraft.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DEPARTMENT OF STATE DOMESTIC PROTECTION MISSION.

    (a) Authority.--Notwithstanding section 46502 of title 49, United 
States Code, sections 32, 1030, 1367, and chapters 119 and 206 of title 
18, United States Code, or section 705 of the Communications Act of 
1934, the Secretary of State may take, and may authorize appropriate 
personnel, including Bureau of Diplomatic Security personnel and 
contractors, with assigned duties that include safety, security, or 
protection of personnel, facilities, or assets, to take, such actions 
described in subsection (b)(1) that are necessary to mitigate a 
credible threat (as defined by the Secretary of State, in consultation 
with the Federal Aviation Administration) that an unmanned aircraft 
system or unmanned aircraft poses to the safety or security of a 
covered facility or asset.
    (b) Actions Described.--
            (1) In general.--The actions described in this paragraph 
        are the following:
                    (A) During the operation of the unmanned aircraft 
                system, detect, identify, monitor, and track the 
                unmanned aircraft system or unmanned aircraft, 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 system or unmanned aircraft.
                    (B) Warn the operator of the unmanned aircraft 
                system or unmanned aircraft, including by passive or 
                active, and direct or indirect physical, electronic, 
                radio, and electromagnetic means.
                    (C) Disrupt control of the unmanned aircraft system 
                or unmanned aircraft, without prior consent, including 
                by disabling the unmanned aircraft system or unmanned 
                aircraft by intercepting, interfering, or causing 
                interference with wire, oral, electronic, or radio 
                communications used to control the unmanned aircraft 
                system or unmanned aircraft.
                    (D) Seize or exercise control of the unmanned 
                aircraft system or unmanned aircraft.
                    (E) Seize or otherwise confiscate the unmanned 
                aircraft system or unmanned aircraft.
                    (F) Use reasonable force to disable, damage, or 
                destroy the unmanned aircraft system or unmanned 
                aircraft.
            (2) Research, testing, training, and evaluation.--
                    (A) In general.--Notwithstanding section 46502 of 
                title 49, United States Code, sections 32, 1030, 1367, 
                and chapters 119 and 206 of title 18, United States 
                Code, or section 705 of the Communications Act of 1934, 
                the Secretary of State shall conduct research, testing, 
                training on, and evaluation of any equipment, including 
                any electronic equipment, to determine its capability 
                and utility prior to the use of any such technology for 
                any action described in paragraph (1). Personnel, 
                including contractors, who do not have duties that 
                include the safety, security, or protection of people, 
                facilities, or assets may engage in research, testing, 
                training, and evaluation activities pursuant to this 
                section.
                    (B) Coordination.--The Secretary shall coordinate 
                procedures governing research, testing, training, and 
                evaluation for carrying out any provision in this 
                section with the Administrator of the Federal Aviation 
                Administration before initiating such activities so the 
                Administrator may ensure the activities do not 
                adversely impact or interfere with safe airport 
                operations, navigation, air traffic services, or the 
                safe and efficient operation of the national airspace 
                system.
    (c) Forfeiture.--Any unmanned aircraft system or unmanned aircraft 
described in subsection (a) that is seized by the Secretary of State is 
subject to forfeiture to the United States pursuant to the provisions 
of chapter 46 of title 18, United States Code.
    (d) Regulations and Guidance.--The Secretary of State and the 
Secretary of Transportation, in consultation with the Assistant 
Secretary of Commerce for Communications and Information of the 
National Telecommunications and Information Administration, may 
prescribe regulations and shall issue guidance in the respective areas 
of each Secretary to carry out this section.
    (e) Coordination.--
            (1) In general.--The Secretary of State shall develop the 
        actions described in subsection (b)(1) in coordination with the 
        Secretary of Transportation (through the Administrator of the 
        Federal Aviation Administration), and the Assistant Secretary 
        of Commerce for Communications and Information of the National 
        Telecommunications and Information Administration.
            (2) Further coordination.--The Secretary of State shall 
        coordinate with the Administrator of the Federal Aviation 
        Administration prior to any action authorized by this section 
        so the Administrator may ensure the action does not adversely 
        impact or interfere with safe airport operations, navigation, 
        air traffic services, or the safe and efficient operation of 
        the national airspace system.
            (3) Further coordination.--The Secretary of State shall 
        coordinate the development of guidance and regulations under 
        subsection (d) with the Federal Aviation Administration, the 
        Federal Communications Commission, and the National 
        Telecommunications and Information Administration.
            (4) Further coordination.--Before issuing any guidance 
        under subsection (d), or otherwise implementing this section, 
        the Secretary of State shall coordinate with the Administrator 
        of the Federal Aviation Administration to ensure such guidance 
        or implementation is designed to preserve safe airport 
        operations, navigation, air traffic services, and the safe and 
        efficient operation of the national airspace system.
    (f) Privacy Protection.--The regulations prescribed or guidance 
issued under subsection (d) shall ensure that--
            (1) the interception or acquisition of, access to, or 
        maintenance or use of communications to or from an unmanned 
        aircraft system under this section is conducted in a manner 
        consistent with the First and Fourth Amendments to the 
        Constitution and applicable provisions of Federal law;
            (2) communications to or from an unmanned aircraft system 
        are intercepted, acquired, or accessed only to the extent 
        necessary to support the actions described in subsection (b);
            (3) records of such communications are maintained only for 
        as long as necessary, and in no event more than 180 days, 
        unless the Secretary of State determines that maintenance of 
        such records--
                    (A) is necessary to investigate or assist in the 
                prosecution of a violation of law;
                    (B) is necessary to directly support an ongoing 
                security, law enforcement, or national defense 
                operations; or
                    (C) is required under Federal statue, regulation, 
                or for the purpose of litigation; and
            (4) such communications are not disclosed outside the 
        Department of State unless the disclosure--
                    (A) is necessary to investigate or assist in the 
                prosecution of a violation of law;
                    (B) would support the Department of Defense, a 
                Federal law enforcement, intelligence, or security 
                agency, or a State, local, tribal, or territorial law 
                enforcement agency;
                    (C) would support the enforcement activities of a 
                regulatory agency of the Federal Government in 
                connection with a criminal or civil investigation of, 
                or any regulatory, statutory, or other enforcement 
                action relating to, an action described in subsection 
                (b);
                    (D) is between the Department of State and a 
                Federal, State, local, tribal, or territorial law 
                enforcement agency in the course of a security or 
                protection operation of either agency or a joint 
                operations of such agencies; or
                    (E) is otherwise required by law.
    (g) Budget.--The Secretary of State shall submit to Congress, as a 
part of the budget presentation documents for each fiscal year 
following the enactment of this provision, a consolidated funding 
display that identifies the funding source for the actions described in 
subsection (b)(1) within the Department of State. The funding display 
shall be in unclassified form but may contain a classified annex.
    (h) Assistance and Support.--
            (1) Facilities and services of other agencies and non-
        federal entities.--The Secretary is authorized to use, solicit, 
        or accept from any other Federal agency, or any other public or 
        private entity, supplies, services, or funds to facilitate or 
        take the actions provided for in subsection (b). The Secretary 
        may use, solicit, or accept such supplies, services, or funds 
        with or without reimbursement and notwithstanding any provision 
        of law that would prevent such use or acceptance. The Secretary 
        in implementing subsection (l)(3)(C) may enter into agreements 
        with other executive agencies and with appropriate officials of 
        other non-Federal public or private agencies or entities, as 
        may be necessary and proper to carry out their responsibilities 
        under this section.
            (2) Mutual support.--The Secretary is authorized to provide 
        support or assistance, upon the request of an agency or 
        department conducting a mission specified in section 210G of 
        the Homeland Security Act of 2002 (6 U.S.C. 124n), section 130i 
        of title 10, United States Code, or section 4510 of the Atomic 
        Energy Defense Act (50 U.S.C. 2661), in fulfilling the 
        requesting agency's or department's roles and responsibilities 
        for that mission, when exigent circumstances exist, limited to 
        a specified timeframe and location, within available resources, 
        on a reimbursable or non-reimbursable basis, in coordination 
        with the Federal Aviation Administration.
    (i) Semiannual Briefings.--
            (1) In general.--On a semiannual basis beginning six months 
        following the enactment of this provision during the seven-year 
        period beginning upon enactment of this provision, the 
        Secretary of State and the Secretary of Transportation shall 
        jointly provide a briefing to the appropriate congressional 
        committees on the activities carried out pursuant to this 
        section. Such briefings shall include a description of--
                    (A) policies, programs, and procedures to mitigate 
                or eliminate impacts of such activities to the National 
                Airspace System;
                    (B) instances where actions described in subsection 
                (b)(1) have been taken;
                    (C) the guidance, policies, or procedures 
                established to address privacy, civil rights, and civil 
                liberties issues implicated by the actions authorized 
                under this section and any changes or subsequent 
                efforts that would significantly affect privacy, civil 
                rights, or civil liberties;
                    (D) how the Secretaries have informed the public as 
                to the possible use of authorities under this section;
                    (E) how the Secretaries have engaged with Federal, 
                State, and local law enforcement agencies to implement 
                and use such authorities; and
                    (F) a description of the impact of the authorities 
                granted under this section on lawful operator access to 
                national airspace and UAS integration into the national 
                airspace system.
            (2) Form.--Each briefing under paragraph (1) shall be in 
        unclassified form but may be accompanied by an additional 
        classified briefing.
    (j) Rule of Construction.--Nothing in this section may be construed 
to--
            (1) vest in the Secretary of State any authority of the 
        Secretary of Transportation or the Administrator of the Federal 
        Aviation Administration under title 49, United States Code; and
            (2) vest in the Secretary of Transportation or the 
        Administrator of the Federal Aviation Administration any 
        authority of the Secretary of State.
    (k) Termination.--The authority provided by subsection (a) shall 
terminate on the date that is 7 years after the enactment of this Act.
    (l) Definitions.--In this section--
            (1) the term ``appropriate congressional committees'' 
        means--
                    (A) the Senate Foreign Relations Committee and the 
                House Foreign Affairs Committee;
                    (B) the Select Committee on Intelligence, the 
                Committee on the Judiciary, and the Committee on 
                Commerce, Science, and Transportation of the Senate; 
                and
                    (C) the Permanent Select Committee on Intelligence, 
                the Committee on the Judiciary, and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives;
            (2) the term ``budget'', with respect to a fiscal year, 
        means the budget for that fiscal year that is submitted to 
        Congress by the President under section 1105(a) of title 31, 
        United States Code;
            (3) the term ``covered facility or asset'' means any 
        facility or asset that--
                    (A) is identified as high-risk and a potential 
                target for unlawful unmanned aircraft activity by the 
                Secretary of State, in coordination with the Federal 
                Aviation Administration, with respect to potentially 
                impacted airspace, through a risk-based assessment for 
                purposes of this section;
                    (B) is located in the United States (including the 
                territories and possessions of the United States);
                    (C) directly relates to the security and protective 
                missions of the Department of State, including those 
                consistent with--
                            (i) the Omnibus Diplomatic Security and 
                        Antiterrorism Act of 1986 (22 U.S.C. 4801, et 
                        seq.); and
                            (ii) section 37 of the State Department 
                        Basic Authorities Act of 1956 (22 U.S.C. 2709); 
                        and
                    (D) when fulfilling personal protection 
                responsibilities consistent with 22 U.S.C. 
                4802(a)(1)(D), 4802(a)(2)(B)(vii), 4802 
                (a)(2)(B)(viii), and 2709(a)(3), is limited to a 
                specified timeframe at a static location;
            (4) the terms ``electronic communication'', ``intercept'', 
        ``oral communication'', and ``wire communication'' have the 
        meanings given those terms in section 2510 of title 18, United 
        States Code;
            (5) the term ``personnel''--
                    (A) means officers, employees, and contractors of 
                the Department of State with assigned duties that 
                include safety, security, or protection of personnel, 
                facilities, or assets and who are trained and certified 
                to perform such duties, including training specific to 
                countering unmanned aircraft threats and mitigating 
                risks in the national airspace; and
                    (B) includes contractors conducting operations 
                under subsections (a) and (b) if the contractors are--
                            (i) directly contracted by the Department 
                        of State;
                            (ii) operating at a government owned or 
                        government leased facility;
                            (iii) not conducting inherently 
                        governmental functions; and
                            (iv) trained and certified by the 
                        Department of State as meeting established 
                        Department guidance and regulations;
            (6) the term ``risk-based assessment'' includes an 
        evaluation of threat information specific to a covered facility 
        or asset and, 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, of each of the following 
        factors:
                    (A) Potential impacts to safety, efficiency, and 
                use of the national airspace system, including 
                potential effects on manned aircraft and unmanned 
                aircraft 30 systems, aviation safety, airport 
                operations, infrastructure, and air navigation services 
                related to the use of any system or technology for 
                carrying out the actions described in subsection 
                (b)(1).
                    (B) Options for mitigating any identified impacts 
                to the national airspace system related to the use of 
                any system or technology, including minimizing when 
                possible the use of any technology which disrupts the 
                transmission of radio or electronic signals, for 
                carrying out the actions described in subsection 
                (b)(1).
                    (C) Potential consequences of the impacts of any 
                actions taken under subsection (b)(l) to the national 
                airspace system and infrastructure if not mitigated.
                    (D) 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 security.
                    (E) The setting and character of any covered 
                facility or asset, including whether it is located in a 
                populated area or near other structures, whether the 
                facility is open to the public, whether the facility is 
                also used for nongovernmental functions, and any 
                potential for interference with wireless communications 
                or for injury or damage to persons or property.
                    (F) Potential consequences to national security, 
                public safety, or law enforcement if threats posed by 
                unmanned aircraft systems are not mitigated or 
                resolved; and
            (7) the terms ``unmanned aircraft'' and ``unmanned aircraft 
        system'' have the meanings given those terms in section 44801 
        of title 49, United States Code.
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