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[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.
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