II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stopping Harmful In5 cidents to Enforce Lawful Drone Use Act’’ or the 

6 ‘‘SHIELD U Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) COMMERCIAL SERVICE AIRPORT.—The term 

10 ‘‘commercial service airport’’ has the meaning given 


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1 that term in paragraph (7) of section 47102 of title 

2 49, United States Code, and includes the area of 

3 navigable airspace necessary to ensure safety in the 

4 takeoff and landing of aircraft at the airport. 

5 (2) COVERED AIR CARRIER.—The term ‘‘cov6 ered air carrier’’ means an air carrier or a foreign 

7 air carrier as those terms are defined in section 

8 40102 of title 49, United States Code. 

9 (3) COUNTER-UAS ACTIVITIES.—The term 

10 ‘‘Counter-UAS activities’’ means the following: 

11 (A) Detecting, identifying, monitoring, and 

12 tracking an unmanned aircraft or unmanned 

13 aircraft system, without prior consent, including 

14 by means of intercept or other access of a wire 

15 communication, an oral communication, or an 

16 electronic communication used to control the 

17 unmanned aircraft or unmanned aircraft sys18 tem. 

19 (B) Warning an operator of an unmanned 

20 aircraft or unmanned aircraft system, including 

21 by passive or active, and direct or indirect phys22 ical, electronic, radio, and electromagnetic 

23 means. 

24 (C) Disrupting control of an unmanned 

25 aircraft or unmanned aircraft system, without 


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1 prior consent, including by disabling the un2 manned aircraft or unmanned aircraft system 

3 by intercepting, interfering, or causing inter4 ference with wire, oral, electronic, or radio com5 munications used to control the unmanned air6 craft or unmanned aircraft system. 

7 (D) Seizing or exercising control of an un8 manned aircraft or unmanned aircraft system. 

9 (E) Seizing or otherwise confiscating an 

10 unmanned aircraft or unmanned aircraft sys11 tem. 

12 (F) Using reasonable force to disable, 

13 damage, or destroy an unmanned aircraft or 

14 unmanned aircraft system. 

15 (4) NAVIGABLE AIRSPACE.—The term ‘‘navi16 gable airspace’’ has the meaning given that term in 

17 paragraph (32) of section 40102 of title 49, United 

18 States Code. 

19 (5) NON-KINETIC EQUIPMENT.—The term 

20 ‘‘non-kinetic equipment’’ means equipment that is 

21 used to— 

22 (A) intercept or otherwise access a wire 

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1 tion used to control an unmanned aircraft or 

2 unmanned aircraft system; and 

3 (B) disrupt control of the unmanned air4 craft or unmanned aircraft system, without 

5 prior consent, including by disabling the un6 manned aircraft or unmanned aircraft system 

7 by intercepting, interfering, or causing inter8 ference with wire, oral, electronic, or radio com9 munications that are used to control the un10 manned aircraft or unmanned aircraft system. 

11 (6) THREATS POSED BY AN UNMANNED AIR12 CRAFT OR UNMANNED AIRCRAFT SYSTEM.—The 

13 term ‘‘threats posed by an unmanned aircraft or un14 manned aircraft system’’ means an unauthorized ac15 tivity of an unmanned aircraft or unmanned aircraft 

16 system that is reasonably believed to— 

17 (A) create the potential for bodily harm to, 

18 or loss of human life of, a person within prop19 erty under the jurisdiction of— 

20 (i) a commercial service airport; or 

21 (ii) a State or locality; or 

22 (B) have the potential to cause severe eco23 nomic damage to— 

24 (i) property of a commercial service 

25 airport; or 


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1 (ii) property under the jurisdiction of 

2 a State or locality. 

3 (7) UNMANNED AIRCRAFT, UNMANNED AIR4 CRAFT SYSTEM.—The terms ‘‘unmanned aircraft’’ 

5 and ‘‘unmanned aircraft system’’ have the meanings 

6 given those terms in section 44801 of title 49, 

7 United States Code. 

8 SEC. 3. COUNTER-UAS ACTIVITIES ON COMMERCIAL SERV9 ICE AIRPORT PROPERTY. 

10 (a) COUNTER-UAS ACTIVITIES.— 

11 (1) IN GENERAL.—Notwithstanding any other 

12 provision of law and subject to paragraph (3), with 

13 respect to a commercial service airport, the following 

14 departments and agencies may, in a manner con15 sistent with the Fourth Amendment to the Constitu16 tion of the United States, carry out Counter-UAS 

17 activities for purposes of detecting, identifying, and 

18 mitigating the threats posed by an unmanned air19 craft or unmanned aircraft system to the safety or 

20 security of the airport: 

21 (A) The Department of Homeland Secu22 rity. 

23 (B) The State and local law enforcement 

24 agencies in the State in which the airport is lo25 cated. 


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1 (C) The law enforcement agency of the air2 port. 

3 (2) TESTING AUTHORITY.—Subject to para4 graphs (3) and (4), the Secretary of Homeland Se5 curity, the heads of the State or local law enforce6 ment agencies of the State in which a commercial 

7 service airport is located, or the law enforcement 

8 agency of the commercial service airport, may re9 search, test, provide training on, and evaluate any 

10 equipment, including any electronic equipment, to 

11 determine the capability and utility of the equipment 

12 to carry out Counter-UAS activities to detect, iden13 tify, and mitigate the threats posed by an unmanned 

14 aircraft or unmanned aircraft system to the safety 

15 or security of the airport. 

16 (3) AIRPORT OPERATOR CONSENT REQUIRED.— 

17 Activities permitted under paragraph (1) or (2) shall 

18 only be carried out with the consent of, in consulta19 tion with, and with the participation of, the airport 

20 operator. 

21 (4) CONSULTATION REQUIREMENT FOR TEST22 ING OF NON-KINETIC EQUIPMENT.—Any testing of 

23 non-kinetic equipment carried out under the author24 ity of this subsection shall be done in consultation 

25 with the Federal Communications Commission and 


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1 the National Telecommunications and Information 

2 Administration. 

3 (b) NON-KINETIC EQUIPMENT.— 

4 (1) IN GENERAL.—Before adopting any stand5 ard operating procedures within a tactical response 

6 plan for use of non-kinetic equipment to carry out 

7 a Counter-UAS activity under the authority of this 

8 section, the Secretary of Homeland Security and the 

9 heads of the State, local, or airport law enforcement 

10 agencies of the State in which a commercial service 

11 airport is located, shall do the following: 

12 (A) Consult with the Federal Communica13 tions Commission and the National Tele14 communications and Information Administra15 tion about the use of non-kinetic equipment to 

16 carry out a Counter-UAS activity consistent 

17 with the tactical response plan updates required 

18 under subsection (c). 

19 (B) Jointly, with the Federal Communica20 tions Commission and the National Tele21 communications and Information Administra22 tion, create a process for an authorized des23 ignee of the commercial service airport to, con24 sistent with procedures outlined in the tactical 

25 response plan (as updated under subsection 


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1 (c)), notify the Commission when non-kinetic 

2 equipment has been used to carry out a 

3 Counter-UAS activity. 

4 (2) FCC AND NTIA DUTIES.—The Federal 

5 Communications Commission and the National Tele6 communications and Information Administration 

7 shall— 

8 (A) not later than 30 days after the date 

9 of enactment of this Act, assign to an office of 

10 the Commission and to an office of the Admin11 istration, respectively, responsibility for car12 rying out the consultation regarding the use of 

13 non-kinetic equipment to carry out Counter14 UAS activities required by paragraph (1)(A) 

15 and the consultation regarding the testing of 

16 non-kinetic equipment required by subsection 

17 (a)(4); and 

18 (B) not later than 180 days after the re19 sponsibility described in subparagraph (A) is 

20 assigned to each such office— 

21 (i) publicly designate an office of the 

22 Commission and an office of the Adminis23 tration, respectively, to receive the notifica24 tions from commercial service airports re25 quired under paragraph (1)(B); and 


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1 (ii) make publicly available the proc2 ess for the Commission and the Adminis3 tration to carry out any follow up consulta4 tion, if necessary. 

5 (3) NONDUPLICATION.—To the greatest extent 

6 practicable, the Federal Communications Commis7 sion and the National Telecommunications and In8 formation Administration shall coordinate with re9 spect to the consultations, process creation, follow 

10 up consultations, and other requirements of this sub11 section and subsection (a)(4) so as to minimize du12 plication of requirements, efforts, and expenditures. 

13 (c) TACTICAL RESPONSE PLAN UPDATES.— 

14 (1) TASK FORCE.—Not later than 2 years after 

15 the date of enactment of this Act, the airport direc16 tor of each commercial service airport shall convene 

17 a task force for purposes of establishing or modi18 fying the emergency action preparedness plan for 

19 the airport to include a tactical response plan for the 

20 detection, identification, and mitigation of threats 

21 posed by an unmanned aircraft or unmanned air22 craft system. 

23 (2) REQUIRED COORDINATION.—Each task 

24 force convened under paragraph (1) shall coordinate 

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1 gency action preparedness plan with representatives 

2 of the following: 

3 (A) The Department of Transportation. 

4 (B) The Federal Aviation Administration. 

5 (C) The Department of Homeland Secu6 rity. 

7 (D) The State and local law enforcement 

8 agencies in the State in which the airport is lo9 cated. 

10 (E) The law enforcement agency of the air11 port. 

12 (F) The covered air carriers operating at 

13 the airport. 

14 (G) Representatives of general aviation op15 erators at the airport. 

16 (H) Representatives of providers of tele17 communications and broadband service with a 

18 service area that covers the airport property or 

19 the navigable airspace necessary to ensure safe20 ty in the takeoff and landing of aircraft at such 

21 airport. 

22 (3) DUTIES.—As part of the inclusion of a tac23 tical response plan in the emergency action pre24 paredness plan for a commercial service airport, 


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1 each task force convened under paragraph (1) shall 

2 do the following: 

3 (A) Create and define the various threat 

4 levels posed by an unmanned aircraft or un5 manned aircraft system to the airport. 

6 (B) Create the standard operating proce7 dures for responding to each threat level de8 fined under subparagraph (A) that include a re9 quirement to minimize collateral damage. 

10 (C) Define and assign to each entity speci11 fied in paragraph (2), the role and responsibil12 ities of the entity in carrying out the standard 

13 operating procedures for responding to a speci14 fied threat posed by an unmanned aircraft or 

15 unmanned aircraft system to the airport. 

16 (D) Designate the applicable State and 

17 local law enforcement agencies, or the law en18 forcement agency of the airport, in coordination 

19 with the Department of Homeland Security, as 

20 the first responders to any specified threat 

21 posed by an unmanned aircraft or unmanned 

22 aircraft system to the airport. 

23 (E) Narrowly tailor the use of non-kinetic 

24 Counter-UAS equipment (if applicable under 

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1 porary activities necessary to mitigate an imme2 diate threat posed by an unmanned aircraft or 

3 unmanned aircraft system to the airport. 

4 (F) Incorporate any existing Federal guid5 ance for updating airport emergency plans for 

6 responding to unauthorized unmanned aircraft 

7 system operations into 1 tactical response plan 

8 for addressing threats posed by an unmanned 

9 aircraft or unmanned aircraft system. 

10 (4) RULE OF CONSTRUCTION.—Nothing in this 

11 subsection shall be construed to require multiple tac12 tical response plans or emergency action prepared13 ness plans for addressing the threats posed by an 

14 unmanned aircraft, an unmanned aircraft system, or 

15 unauthorized unmanned aircraft system operations. 

16 (d) AIRPORT IMPROVEMENT PROGRAM ELIGI17 BILITY.—Notwithstanding section 47102 of title 49, 

18 United States Code, the definition of the term ‘‘airport 

19 development’’ under that section shall include the pur20 chase of equipment necessary to carry out Counter-UAS 

21 activities at commercial service airports. 

22 (e) BEST PRACTICES.— 

23 (1) IN GENERAL.—Not later than 1 year after 

24 the date of enactment of this Act, the Administrator 

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1 ministrator of the Transportation Security Adminis2 tration acting jointly and in collaboration with air3 port directors of commercial service airports, shall— 

4 (A) publish guidance regarding best prac5 tices for use of Counter-UAS Activities at com6 mercial service airports; and 

7 (B) make such guidance available to the 

8 airport director for each commercial service air9 port in the United States. 

10 (2) ANNUAL UPDATES.—The guidance issued 

11 under this subsection shall be annually updated to 

12 incorporate the most recent results and conclusions 

13 regarding best practices for the use of Counter-UAS 

14 activities at commercial service airports. 

15 SEC. 4. COUNTER-UAS ACTIVITIES OFF COMMERCIAL SERV16 ICE AIRPORT PROPERTY. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, with respect to a State, the State and local 

19 law enforcement agencies in the State may, in a manner 

20 consistent with the Fourth Amendment to the Constitu21 tion of the United States, carry out Counter-UAS activi22 ties for purposes of detecting, identifying, and mitigating 

23 the threats posed by an unmanned aircraft or unmanned 

24 aircraft system within the jurisdiction of the State or lo25 cality. 


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1 (b) TESTING AUTHORITY.— 

2 (1) IN GENERAL.— 

3 (A) STATES AND LOCALITIES.—Subject to 

4 paragraphs (2) and (3), any State or locality of 

5 a State may establish testing areas for purposes 

6 of researching, testing, providing training on, 

7 and evaluating of any equipment, including any 

8 electronic equipment, to determine the capa9 bility and utility of the equipment to carry out 

10 Counter-UAS activities to detect, identify, and 

11 mitigate the threats posed by an unmanned air12 craft or unmanned aircraft system within the 

13 jurisdiction of the State or locality. 

14 (B) PRIVATE SECTOR ENTITIES.—Subject 

15 to paragraphs (2) and (3), any private sector 

16 entity may establish testing areas for purposes 

17 of researching, testing, providing training on, 

18 and evaluating of any equipment, including any 

19 electronic equipment, to determine the capa20 bility and utility of the equipment to carry out 

21 Counter-UAS activities to detect, identify, and 

22 mitigate the threats posed by an unmanned air23 craft or unmanned aircraft system, so long as 

24 such activities are carried out in accordance 

25 with applicable State and local laws. 


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1 (2) FAA COOPERATION.—The Federal Aviation 

2 Administration shall cooperate with any action by a 

3 State, a locality of a State, or a private sector entity 

4 to designate airspace to be used for testing under 

5 paragraph (1) unless the State, locality, or entity 

6 designates an area of airspace that would create a 

7 significant safety hazard to airport operations, air 

8 navigation facilities, air traffic control systems, or 

9 other components of the national airspace system 

10 that facilitate the safe and efficient operation of 

11 manned civil, commercial, or military aircraft within 

12 the United States. 

13 (3) CONSULTATION REQUIREMENT FOR TEST14 ING OF NON-KINETIC EQUIPMENT.—Any testing of 

15 non-kinetic equipment carried out under the author16 ity of this subsection shall be done in consultation 

17 with the Federal Communications Commission and 

18 the National Telecommunications and Information 

19 Administration. 

20 (c) NON-KINETIC EQUIPMENT.— 

21 (1) IN GENERAL.—Before adopting any stand22 ard operating procedures for using any non-kinetic 

23 equipment to carry out a Counter-UAS activity 

24 under the authority of this section, a State or local 

25 law enforcement agency shall do the following: 


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1 (A) Consult with the Federal Communica2 tions Commission and the National Tele3 communications and Information Administra4 tion about the use of non-kinetic equipment to 

5 carry out a Counter-UAS activity and the 

6 standard operating procedures that the State or 

7 local law enforcement agency will follow for use 

8 of such equipment. 

9 (B) Jointly, with the Federal Communica10 tions Commission and the National Tele11 communications and Information Administra12 tion create a process for an authorized designee 

13 of the State or local law enforcement agency to 

14 notify the Commission when non-kinetic equip15 ment has been used to carry out a Counter16 UAS activity. 

17 (2) FCC AND NTIA DUTIES.—The Federal 

18 Communications Commission shall— 

19 (A) not later than 30 days after the date 

20 of enactment of this Act, assign to an office of 

21 the Commission and to an office of the Admin22 istration, respectively, responsibility for car23 rying out the consultation regarding the use of 

24 non-kinetic equipment to carry out Counter25 UAS activities required under paragraph (1)(A) 


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1 and the consultation regarding the testing of 

2 non-kinetic equipment required by subsection 

3 (b)(3); and 

4 (B) not later than 180 days after the re5 sponsibility described in subparagraph (A) is 

6 assigned to each such office— 

7 (i) publicly designate an office of the 

8 Commission and an office of the Adminis9 tration, respectively, to receive the notifica10 tions from State or local law enforcement 

11 agencies required under paragraph (1)(B); 

12 and 

13 (ii) make publicly available the proc14 ess for the Commission and the Adminis15 tration to carry out any follow up consulta16 tion, if necessary. 

17 (3) NONDUPLICATION.—To the greatest extent 

18 practicable, the Federal Communications Commis19 sion and the National Telecommunications and In20 formation Administration shall coordinate with re21 spect to the consultations, process creation, follow 

22 up consultations, and other requirements of this sub23 section and subsection (a)(4) so as to minimize du24 plication of requirements, efforts, and expenditures. 


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1 (d) COORDINATION WITH THE FAA.—Section 376 of 

2 the FAA Reauthorization Act of 2018 (49 U.S.C. 44802 

3 note) is amended— 

4 (1) in subsection (b), by adding at the end the 

5 following: 

6 ‘‘(4) Permit a process for an applicable State or 

7 local law enforcement agency to notify and coordi8 nate with the Federal Aviation Administration on 

9 actions being taken by the State or local law en10 forcement agency to exercise the Counter-UAS ac11 tivities authority established under section 4(a) of 

12 the SHIELD U Act.’’; and 

13 (2) in subsection (c)— 

14 (A) in paragraph (3)(G), by striking ‘‘and’’ 

15 after the semicolon; 

16 (B) in paragraph (4), by striking the pe17 riod at the end and inserting ‘‘; and’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(5) establish a process that allows for collabo20 ration and coordination between the Federal Avia21 tion Administration and the law enforcement of a 

22 State or local government with respect to the use of 

23 the Counter-UAS activities authority established 

24 under section 4(a) of the SHIELD U Act.’’. 

25 (e) INTERIM NOTIFICATION PLAN.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Administrator 

3 of the Federal Aviation Administration shall estab4 lish a process under which— 

5 (A) the law enforcement agency of a State 

6 or local government may notify the Adminis7 trator of an active threat posed by an un8 manned aircraft or unmanned aircraft system 

9 within the jurisdiction of the State or local law 

10 enforcement agency and the intent of the agen11 cy to facilitate Counter-UAS activities; 

12 (B) the Administrator, based on notice 

13 made pursuant to subparagraph (A), shall issue 

14 immediate warnings to operators of both 

15 manned and unmanned aircraft operating with16 in the area of airspace where the law enforce17 ment agency’s Counter-UAS activities are tak18 ing place; and 

19 (C) the Administrator and the State and 

20 local law enforcement agency notify UAS opera21 tors and manned operators in the area that an 

22 area of airspace is clear once the State and 

23 local law enforcement have concluded the 

24 Counter-UAS activities to mitigate the threat. 


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1 (2) SUNSET.—The process established under 

2 paragraph (1) shall terminate on the date on which 

3 the unmanned aircraft systems traffic management 

4 system required under section 376 of the FAA Re5 authorization Act of 2018 (49 U.S.C. 44802 note) 

6 is fully implemented. 

7 SEC. 5. AUTHORITY TO ENTER INTO CONTRACTS TO PRO8 TECT FACILITIES FROM UNMANNED AIR9 CRAFT. 

10 (a) AUTHORITY.—The following Federal departments 

11 are authorized to enter into contracts to carry out the fol12 lowing authorities: 

13 (1) The Department of Defense for the purpose 

14 of carrying out activities under section 130i of title 

15 10, United States Code. 

16 (2) The Department of Homeland Security for 

17 the purpose of carrying out activities under section 

18 210G of the Homeland Security Act of 2002 (6 

19 U.S.C. 124n). 

20 (3) The Department of Justice for the purpose 

21 of carrying out activities under section 210G of the 

22 Homeland Security Act of 2002 (6 U.S.C. 124n). 

23 (4) The Department of Energy for the purpose 

24 of carrying out activities under section 4510 of the 

25 Atomic Energy Defense Act (50 U.S.C. 2661). 


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1 (b) FEDERAL ACQUISITION REGULATION.—Not later 

2 than 180 days after the date of the enactment of this Act, 

3 the Federal Acquisition Regulatory Council shall amend 

4 the Federal Acquisition Regulation to implement the au5 thority provided under subsection (a). 

6 (c) ANNUAL PUBLICATION OF RECOMMENDED VEN7 DORS AND EQUIPMENT.— 

8 (1) IN GENERAL.—Not later than 1 year after 

9 the date of enactment of this Act, and annually 

10 thereafter, the Director of the Office of Management 

11 and Budget, in consultation with the Secretary of 

12 Defense, the Secretary of Homeland Security, the 

13 Attorney General, the Secretary of Energy, the Sec14 retary of Transportation, and the heads of such 

15 other Federal departments or agencies as deter16 mined appropriate by the Director of the Office of 

17 Management and Budget, shall publish and make 

18 available to State and local governments the fol19 lowing: 

20 (A) A list of vendors that are eligible 

21 under the Federal Acquisition Regulation to 

22 enter into contracts with the Federal Govern23 ment to carry out Counter-UAS activities. 


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1 (B) A list of Counter-UAS equipment that 

2 is recommended by the Federal Government to 

3 carry out Counter-UAS activities. 

4 (2) ANNUAL RISK ASSESSMENT.—The Director 

5 of the Office of Management and Budget, in con6 sultation with the heads of the applicable Federal 

7 departments and agencies, shall review and reassess 

8 the vendors and equipment specified on the lists re9 quired to be published and made available under 

10 paragraph (1) based on a risk assessment that is 

11 jointly considered by the applicable agencies as part 

12 of each annual update of such lists. 

13 SEC. 6. FEDERAL LAW ENFORCEMENT TRAINING. 

14 Section 884(c) of the Homeland Security Act of 2002 

15 (6 U.S.C. 464(c)) is amended— 

16 (1) in paragraph (9), by striking ‘‘and’’ at the 

17 end; 

18 (2) by redesignating paragraph (10) as para19 graph (11); and 

20 (3) by inserting after paragraph (9) the fol21 lowing: 

22 ‘‘(10) develop and implement homeland security 

23 and law enforcement training curricula related to 

24 the use of Counter-UAS activities (as defined in sec25 tion 2 of the SHIELD U Act) to protect against a 


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1 threat from an unmanned aircraft or unmanned air2 craft system (as such terms are defined in section 

3 210G), which shall— 

4 ‘‘(A) include— 

5 ‘‘(i) training on the use of both ki6 netic and non-kinetic equipment; 

7 ‘‘(ii) training on the tactics used to 

8 detect, identify, and mitigate a threat from 

9 an unmanned aircraft or unmanned air10 craft system; and 

11 ‘‘(iii) such other curricula or training 

12 the Director believes necessary; and 

13 ‘‘(B) be made available to Federal, State, 

14 local, Tribal, and territorial law enforcement 

15 and security agencies and private sector secu16 rity agencies; and’’. 

17 SEC. 7. AUTHORIZED USE OF JAMMING TECHNOLOGY. 

18 Title III of the Communications Act of 1934 (47 

19 U.S.C. 301 et seq.) is amended— 

20 (1) in section 301 (47 U.S.C. 301)— 

21 (A) by striking ‘‘It is’’ and inserting the 

22 following: 

23 ‘‘(a) IN GENERAL.—It is’’; and 

24 (B) by adding at the end the following: 


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1 ‘‘(b) EXCEPTION FOR AN UNMANNED AIRCRAFT AND

2 UNMANNED AIRCRAFT SYSTEM.— 

3 ‘‘(1) DEFINITIONS.—In this subsection— 

4 ‘‘(A) the term ‘covered equipment’ means 

5 equipment that is used to— 

6 ‘‘(i) intercept or otherwise access a 

7 wire communication, an oral communica8 tion, an electronic communication, or a 

9 radio communication used to control an 

10 unmanned aircraft or unmanned aircraft 

11 system; and 

12 ‘‘(ii) disrupt control of an unmanned 

13 aircraft or unmanned aircraft system, 

14 without prior consent, including by dis15 abling the unmanned aircraft or unmanned 

16 aircraft system by intercepting, interfering, 

17 or causing interference with wire, oral, 

18 electronic, or radio communications that 

19 are used to control the unmanned aircraft 

20 or unmanned aircraft system; and 

21 ‘‘(B) the terms ‘unmanned aircraft’ and 

22 ‘unmanned aircraft system’ have the meanings 

23 given those terms in section 44801 of title 49, 

24 United States Code. 


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1 ‘‘(2) EXCEPTION.—Subsection (a) shall not 

2 apply with respect to actions taken by State or local 

3 law enforcement or the law enforcement agency of a 

4 commercial service airport using covered equipment 

5 in consultation with the Commission to detect, iden6 tify, or mitigate a threat posed by an unmanned air7 craft or unmanned aircraft system.’’; 

8 (2) in section 302 (47 U.S.C. 302a), by adding 

9 at the end the following: 

10 ‘‘(g) EXCEPTION FOR AN UNMANNED AIRCRAFT AND

11 UNMANNED AIRCRAFT SYSTEM.— 

12 ‘‘(1) DEFINITIONS.—In this subsection, the 

13 terms ‘covered equipment’, ‘unmanned aircraft’, and 

14 ‘unmanned aircraft system’ have the meanings given 

15 those terms in section 301. 

16 ‘‘(2) EXCEPTION.—The provisions of this sec17 tion shall not apply with respect to actions taken by 

18 State or local law enforcement or the law enforce19 ment agency of a commercial service airport using 

20 covered equipment in consultation with the Commis21 sion to detect, identify, or mitigate a threat posed by 

22 an unmanned aircraft or unmanned aircraft sys23 tem.’’; and 

24 (3) in section 333 (47 U.S.C. 333)— 


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1 (A) by striking ‘‘No person’’ and inserting 

2 the following: 

3 ‘‘(a) IN GENERAL.—No person’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(b) EXCEPTION FOR AN UNMANNED AIRCRAFT AND

6 UNMANNED AIRCRAFT SYSTEM.— 

7 ‘‘(1) DEFINITIONS.—In this subsection, the 

8 terms ‘covered equipment’, ‘unmanned aircraft’, and 

9 ‘unmanned aircraft system’ have the meanings given 

10 those terms in section 301(b). 

11 ‘‘(2) EXCEPTION.—Subsection (a) shall not 

12 apply with respect to actions taken by State or local 

13 law enforcement or the law enforcement agency of a 

14 commercial service airport using covered equipment 

15 in consultation with the Commission to detect, iden16 tify, or mitigate a threat posed by an unmanned air17 craft or unmanned aircraft system.’’. 

18 SEC. 8. NO ABROGATION OF TRADITIONAL POLICE POW19 ERS. 

20 Nothing in this Act or the amendments made by this 

21 Act shall be construed to abrogate the inherent authority 

22 of a State government or subdivision thereof from using 

23 their traditional police powers, including (but not limited 


kjohnson on DSK79L0C42PROD with BILLS
27 

•S 896 IS

1 to) the authority to counter an imminent threat to public 

2 health or safety. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS