IB 

Union Calendar No. 592 

118TH CONGRESS 

2D SESSION H. R. 8610 

[Report No. 118–698, Part I] 

To reauthorize and reform counter-unmanned aircraft system authorities, 

to improve transparency, security, safety, and accountability related to 

such authorities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2024 

Mr. GREEN of Tennessee (for himself, Mr. THOMPSON of Mississippi, Mr. 

GRAVES of Missouri, Mr. LARSEN of Washington, and Mr. NADLER) introduced the following bill; which was referred to the Committee on 

Transportation and Infrastructure, and in addition to the Committees on 

the Judiciary, and Homeland Security, 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 

SEPTEMBER 20, 2024 

Additional sponsors: Mr. GRAVES of Louisiana and Mr. MAGAZINER

SEPTEMBER 20, 2024 

Reported from the Committee on Transportation and Infrastructure with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

SEPTEMBER 20, 2024 

Committees on the Judiciary and Homeland Security discharged; committed 

to the Committee of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on June 4, 2024] 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 8610 RH

A BILL 

To reauthorize and reform counter-unmanned aircraft system 

authorities, to improve transparency, security, safety, and 

accountability related to such authorities, and for other 

purposes. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 8610 RH

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Counter-UAS Authority Security, Safety, and Reauthor6 ization Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of this 

8 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Protection of certain facilities and assets from unmanned aircraft systems. 

Sec. 4. FAA counter-UAS activities. 

Sec. 5. Additional limited authority for detection, identification, monitoring, and 

tracking. 

Sec. 6. Counter-UAS mitigation law enforcement pilot program. 

Sec. 7. Counter-UAS system planning and deployment at airports. 

Sec. 8. UAS detection and mitigation enforcement authority. 

Sec. 9. Reporting on counter-UAS activities. 

9 SEC. 2. DEFINITIONS. 

10 (a) APPLICATION OF TERMS.—Unless otherwise speci11 fied, the terms in section 44801 of title 49, United States 

12 Code, shall apply to this Act. 

13 (b) IN GENERAL.—In this Act: 

14 (1) APPROPRIATE COMMITTEES OF CONGRESS.— 

15 The term ‘‘appropriate committees of Congress’’ 

16 means— 

17 (A) the Committee on Homeland Security, 

18 the Committee on the Judiciary, and the Com19 mittee on Transportation and Infrastructure of 

20 the House of Representatives; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•HR 8610 RH

1 (B) the Committee on the Judiciary, the 

2 Committee on Homeland Security and Govern3 mental Affairs, and the Committee on Commerce, 

4 Science, and Transportation of the Senate. 

5 (2) COVERED AIRPORT.—The term ‘‘covered air6 port’’ means— 

7 (A) a large hub airport (as defined in sec8 tion 47102 of title 49, United States Code); 

9 (B) a medium hub airport (as defined in 

10 section 47102 of title 49, United States Code); or 

11 (C) an airport with a total annual landed 

12 weight of all-cargo of more than 7,500,000,000 

13 pounds in 2021 or any year thereafter. 

14 (3) COVERED ENTITY.—The term ‘‘covered enti15 ty’’ means— 

16 (A) the owner or proprietor of a covered 

17 site; and 

18 (B) with respect to a public gathering, the 

19 organizing entity of such gathering. 

20 (4) COVERED SITE.—The term ‘‘covered site’’ 

21 means— 

22 (A) a fixed site facility related to— 

23 (i) critical infrastructure, such as en24 ergy production, transmission, distribution 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•HR 8610 RH

1 facilities and equipment, and railroad fa2 cilities; 

3 (ii) oil refineries and chemical facili4 ties; 

5 (iii) amusement parks; or 

6 (iv) State prisons; 

7 (B) the location of a large public gathering 

8 described in section 44812(c) of title 49, United 

9 States Code; or 

10 (C) the site with respect to which a flight 

11 restriction is maintained pursuant to section 

12 521 of division F of the Consolidated Appropria13 tions Act, 2004 (49 U.S.C. 40103 note). 

14 SEC. 3. PROTECTION OF CERTAIN FACILITIES AND ASSETS 

15 FROM UNMANNED AIRCRAFT SYSTEMS. 

16 Section 210G of the Homeland Security Act of 2002 

17 (6 U.S.C. 124n) is amended— 

18 (1) in subsection (a) by striking ‘‘(as defined by 

19 the Secretary or the Attorney General, in consultation 

20 with the Secretary of Transportation)’’ and inserting 

21 ‘‘(as defined by the Secretary and the Attorney Gen22 eral, in coordination with the Secretary of Transpor23 tation)’’; 

24 (2) in subsection (b)— 

25 (A) in paragraph (1)— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•HR 8610 RH

1 (i) in subparagraph (A) by inserting 

2 ‘‘or unmanned aircraft’’ after ‘‘During the 

3 operation of the unmanned aircraft sys4 tem’’; 

5 (ii) in subparagraph (D) by striking 

6 ‘‘Seize or exercise control of’’ and inserting 

7 ‘‘Seize, exercise control of, or otherwise con8 fiscate’’; 

9 (iii) by striking subparagraph (E); 

10 and 

11 (iv) by redesignating subparagraph (F) 

12 as subparagraph (E); and 

13 (B) by striking paragraphs (2) through (4) 

14 and inserting the following: 

15 ‘‘(2) COORDINATION.— 

16 ‘‘(A) IN GENERAL.—The Secretary and the 

17 Attorney General shall coordinate with the Sec18 retary of Transportation in carrying out the ac19 tions described in paragraph (1). 

20 ‘‘(B) DETERMINATION BY ADMINISTRATOR

21 OF FEDERAL AVIATION ADMINISTRATION.—Before 

22 the Secretary and the Attorney General may take 

23 or authorize the taking of an action under this 

24 section, the Administrator of the Federal Avia25 tion Administration shall determine if such acVerDate Sep 11 2014 23:17 Sep 20, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H8610.RH H8610

kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•HR 8610 RH

1 tion would result in an adverse impact on avia2 tion safety, civil aviation and aerospace oper3 ations, aircraft airworthiness, or the use of the 

4 national airspace system. If the Administration 

5 determines such action would not result in such 

6 an adverse impact, the Secretary and the Attor7 ney General may take or authorize the taking of 

8 such action. If the Administrator determines 

9 such action would result in such an adverse im10 pact, the Secretary and the Attorney General 

11 shall coordinate with the Administrator to take 

12 any necessary action to ensure that such an ad13 verse impact can be sufficiently mitigated. 

14 ‘‘(3) RESEARCH, TESTING, TRAINING, AND EVAL15 UATION.— 

16 ‘‘(A) IN GENERAL.—The Secretary, the At17 torney General, and the Secretary of Transpor18 tation may conduct research on, testing on, 

19 training on, and evaluation of equipment, in20 cluding electronic equipment, and technology to 

21 determine the capability and utility of such 

22 equipment or technology for any action described 

23 in paragraph (1), including prior to the initial 

24 use of such equipment or technology. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•HR 8610 RH

1 ‘‘(B) COORDINATION.—The Secretary, the 

2 Attorney General, and the Secretary of Trans3 portation shall coordinate activities under this 

4 paragraph and mutually share data and results 

5 from such activities. 

6 ‘‘(4) LIST OF AUTHORIZED EQUIPMENT AND

7 TECHNOLOGIES.— 

8 ‘‘(A) LIST.—Not later than 1 year after the 

9 date of enactment of the Counter-UAS Authority 

10 Security, Safety, and Reauthorization Act, the 

11 Secretary, in coordination with the Attorney 

12 General and the Administrator of the Federal 

13 Aviation Administration, shall maintain a list 

14 of approved makes and models of counter-UAS 

15 detection and mitigation systems, equipment, 

16 and technology. Such list shall include the fol17 lowing: 

18 ‘‘(i) A description of the specific detec19 tion or mitigation functions of each such 

20 system, equipment, or technology that en21 able each such system, equipment, or tech22 nology to carry out an action described in 

23 paragraph (1). 

24 ‘‘(ii) Whether each such system, equip25 ment, or technology is authorized for an acVerDate Sep 11 2014 23:17 Sep 20, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H8610.RH H8610

kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•HR 8610 RH

1 tion described in subparagraph (A), (B), 

2 (C), or (D) of paragraph (1). 

3 ‘‘(iii) Any conditions or restrictions 

4 generally applicable to the use, location, or 

5 positioning of each such system, equipment, 

6 or technology, including whether and how 

7 each such system, equipment, or technology 

8 may be suitable for use in terminal air9 space. 

10 ‘‘(B) IMPACT DETERMINATION BY ADMINIS11 TRATOR.—A counter-UAS detection or mitiga12 tion system, equipment, or technology may not 

13 be included on the list maintained under sub14 paragraph (A) unless the Administrator of the 

15 Federal Aviation Administration makes a writ16 ten determination that— 

17 ‘‘(i)(I) the system, equipment, or tech18 nology meets any applicable minimum per19 formance requirements as described in sec20 tion 44810(e) of title 49, United States 

21 Code; and 

22 ‘‘(II) the use of such system, equip23 ment, or technology does not present an ad24 verse impact on aviation safety, civil avia25 tion and aerospace operations, aircraft airVerDate Sep 11 2014 23:17 Sep 20, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H8610.RH H8610

kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•HR 8610 RH

1 worthiness, or the use of the national air2 space system; or 

3 ‘‘(ii) in the event the Administrator 

4 identifies such an adverse impact from such 

5 system, equipment, or technology, such an 

6 adverse impact can be sufficiently mitigated 

7 and the mitigation activities are described 

8 in the list maintained under subparagraph 

9 (A) or in a manner determined by the Ad10 ministrator. 

11 ‘‘(C) SPECTRUM IMPACT CONSULTATION.— 

12 The Secretary, the Attorney General, and the Ad13 ministrator of the Federal Aviation Administra14 tion shall consult with the Federal Communica15 tions Commission or the Administrator of the 

16 National Telecommunications and Information 

17 Administration, as appropriate, to determine 

18 whether the use of a counter-UAS detection or 

19 mitigation system, equipment, or technology on 

20 the list maintained under subparagraph (A)— 

21 ‘‘(i) does not present an adverse im22 pact on civilian telecommunications, com23 munications spectrum, internet technology, 

24 or radio communications networks or sys25 tems; or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•HR 8610 RH

1 ‘‘(ii) in the event that such an adverse 

2 impact is identified, such impact can be 

3 sufficiently mitigated, or the system, equip4 ment, or technology is excluded from the list 

5 maintained under subparagraph (A) until 

6 such an adverse impact is sufficiently miti7 gated. 

8 ‘‘(D) LIMITATION ON INCLUSION OF

9 COUNTER-UAS SYSTEMS MANUFACTURED BY CER10 TAIN FOREIGN ENTERPRISES.— 

11 ‘‘(i) LIMITATION.—The Secretary may 

12 not include on the list maintained under 

13 subparagraph (A) a counter-UAS detection 

14 and mitigation systems, equipment, and 

15 technology, manufactured or developed by a 

16 covered manufacturer. 

17 ‘‘(ii) INTERNATIONAL AGREEMENTS.— 

18 This subsection shall be applied in a man19 ner consistent with the obligations of the 

20 United States under international agree21 ments in effect as of the date of enactment 

22 of the Counter-UAS Authority Security, 

23 Safety, and Reauthorization Act. 

24 ‘‘(iii) AUTHORIZED UTILIZATION.— 

25 Upon the inclusion of a counter-UAS detecVerDate Sep 11 2014 23:17 Sep 20, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H8610.RH H8610

kjohnson on DSK7ZCZBW3PROD with $$_JOB
12 

•HR 8610 RH

1 tion or mitigation system, equipment, or 

2 technology on the list maintained under 

3 subparagraph (A), the Secretary and the 

4 Attorney General may utilize such system, 

5 equipment, or technology for any action de6 scribed in paragraph (1). 

7 ‘‘(iv) EXCEPTION.—The Secretary of 

8 Homeland Security is exempt from the lim9 itation under this subsection if the Sec10 retary determines that the operation or pro11 curement of such system is for the sole pur12 pose of research, evaluation, training, test13 ing, or analysis. 

14 ‘‘(v) DEFINITIONS.—In this subpara15 graph: 

16 ‘‘(I) COVERED MANUFACTURER.— 

17 The term ‘covered manufacturer’ means 

18 an entity that is owned by, controlled 

19 by, is a subsidiary of, or is otherwise 

20 related legally or financially to, a per21 son based in a country that— 

22 ‘‘(aa) is identified as a non23 market economy country (as de24 fined in section 771 of the Tariff 

25 Act of 1930 (19 U.S.C. 1677)) as 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
13 

•HR 8610 RH

1 of the date of enactment of the 

2 Counter-UAS Authority Security, 

3 Safety, and Reauthorization Act; 

4 ‘‘(bb) was identified by the 

5 United States Trade Representa6 tive in the most recent report re7 quired under section 182 of the 

8 Trade Act of 1974 (19 U.S.C. 

9 2242) as a priority foreign coun10 try under subsection (a)(2) of 

11 such section; and 

12 ‘‘(cc) is subject to monitoring 

13 by the United States Trade Rep14 resentative under section 306 of 

15 the Trade Act of 1974 (19 U.S.C. 

16 2416). 

17 ‘‘(II) OTHERWISE RELATED LE18 GALLY OR FINANCIALLY.—The term 

19 ‘otherwise related legally or finan20 cially’ does not include a minority 

21 stake relationship or investment. 

22 ‘‘(E) RULE OF CONSTRUCTION.—Nothing in 

23 this paragraph may be construed to prevent the 

24 Secretary, the Attorney General, or the Adminis25 trator of the Federal Aviation Administration 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
14 

•HR 8610 RH

1 from exercising any authority to counter un2 manned aircraft systems in effect prior to the 

3 date of enactment of the Counter-UAS Authority 

4 Security, Safety, and Reauthorization Act.’’; 

5 (3) in subsection (d) by striking paragraph (2) 

6 and inserting the following: 

7 ‘‘(2) COORDINATION.—The Secretary, the Sec8 retary of Transportation, and the Attorney General 

9 shall coordinate to develop their respective regulations 

10 and guidance under paragraph (1) before issuing any 

11 such regulation or guidance.’’; 

12 (4) in subsection (e)— 

13 (A) by striking paragraph (3) and inserting 

14 the following: 

15 ‘‘(3) records of such communications are dis16 posed of immediately following an action described in 

17 subsection (b)(1) to mitigate a credible threat referred 

18 to in subsection (a), except that if the Secretary or the 

19 Attorney General determines that maintenance of 

20 such records is necessary to investigate or prosecute a 

21 violation of law is required by Federal law or for the 

22 purpose of litigation, such records may be maintained 

23 for not more than 90 days;’’; and 

24 (B) in paragraph (4)— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
15 

•HR 8610 RH

1 (i) in the matter preceding subpara2 graph (A) by striking ‘‘are not disclosed 

3 outside the Department of Homeland Secu4 rity or the Department of Justice unless’’ 

5 and inserting ‘‘are not shared outside of 

6 personnel of the department in possession of 

7 such communications, except if’’; and 

8 (ii) in subparagraph (B) by striking ‘‘, 

9 or any regulatory, statutory, or other en10 forcement action relating to’’; 

11 (5) in subsection (f) by striking ‘‘within the De12 partment of Homeland Security or the Department of 

13 Justice’’; 

14 (6) in subsection (g)— 

15 (A) in paragraph (1) by striking ‘‘the Sec16 retary and the Attorney General shall, respec17 tively,’’ and inserting ‘‘the Secretary, the Attor18 ney General, and the Secretary of Transpor19 tation shall jointly’’; 

20 (B) by striking paragraphs (2) and (3) and 

21 inserting the following: 

22 ‘‘(2) CONTENT.—Each briefing required under 

23 paragraph (1) shall include the following: 

24 ‘‘(A) The number of instances and a de25 scription of each instance in which actions deVerDate Sep 11 2014 23:17 Sep 20, 2024 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\H8610.RH H8610

kjohnson on DSK7ZCZBW3PROD with $$_JOB
16 

•HR 8610 RH

1 scribed in subsection (b)(1) have been taken, in2 cluding all such instances that— 

3 ‘‘(i) equipment, system, or technology 

4 disrupted the transmission of radio or elec5 tronic signals, including and disaggregated 

6 by whether any such disruption was mini7 mized; 

8 ‘‘(ii) may have resulted in harm, dam9 age, or loss to a person or to private prop10 erty, including and disaggregated by wheth11 er any such harm, damage, or loss was 

12 minimized; 

13 ‘‘(iii) resulted in successful seizure, ex14 ercise of control, or confiscation under sub15 section (b)(1)(D); or 

16 ‘‘(iv) required the use of reasonable 

17 force under subsection (b)(1)(E). 

18 ‘‘(B) The frequency and nature of instances 

19 in which communications were intercepted or ac20 quired during the course of actions described in 

21 subsection (b)(1), including the following: 

22 ‘‘(i) The approximate number and na23 ture of incriminating communications 

24 intercepted. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
17 

•HR 8610 RH

1 ‘‘(ii) The approximate number and na2 ture of other communications intercepted. 

3 ‘‘(C) The total number of instances in which 

4 records of communications intercepted or ac5 quired during the course of actions described in 

6 subsection (b)(1) were— 

7 ‘‘(i) shared with the Department of 

8 Justice or another Federal law enforcement 

9 agency, including a list of receiving Federal 

10 law enforcement agencies; or 

11 ‘‘(ii) maintained for more than 90 

12 days. 

13 ‘‘(D) The number of instances and a de14 scription of each instance in which the Sec15 retary, Secretary of Transportation, or the Attor16 ney General have engaged with Federal, State, or 

17 local law enforcement agencies to implement the 

18 authority under this section, including the num19 ber of instances that resulted in a criminal in20 vestigation or litigation. 

21 ‘‘(E) Information on the on the implemen22 tation of paragraphs (3) and (4)(A) of subsection 

23 (b), including regarding equipment or tech24 nology, including electronic equipment to address 

25 emerging trends and changes in unmanned airVerDate Sep 11 2014 23:17 Sep 20, 2024 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H8610.RH H8610

kjohnson on DSK7ZCZBW3PROD with $$_JOB
18 

•HR 8610 RH

1 craft system or unmanned aircraft system-re2 lated security threats.’’; 

3 (C) in paragraph (5)— 

4 (i) in the first sentence— 

5 (I) by striking ‘‘new technology’’ 

6 and inserting ‘‘counter-UAS detection 

7 and mitigation system, equipment, or 

8 technology approved under subsection 

9 (b)(4)’’; and 

10 (II) by striking ‘‘the Secretary 

11 and the Attorney General shall, respec12 tively,’’ and inserting ‘‘the Secretary, 

13 in coordination with the Secretary of 

14 Transportation and the Attorney Gen15 eral, shall’’; and 

16 (ii) in the second sentence, by striking 

17 ‘‘to the national airspace system’’ and in18 serting ‘‘to the safety and operation of the 

19 national airspace system’’; and 

20 (D) by redesignating paragraphs (4) and 

21 (5) as paragraphs (3) and (4), respectively; 

22 (7) by striking subsection (i) and inserting the 

23 following: 

24 ‘‘(i) TERMINATION.—The authority under this section 

25 shall terminate on October 1, 2029.’’; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
19 

•HR 8610 RH

1 (8) in subsection (k)— 

2 (A) in paragraph (1)(B) by striking ‘‘the 

3 Committee on Energy and Commerce,’’; 

4 (B) in paragraph (3)— 

5 (i) in subparagraph (A) by striking 

6 ‘‘the Secretary or the Attorney General, in 

7 coordination with the Secretary of Trans8 portation’’ and inserting ‘‘the Secretary, in 

9 coordination with the Secretary of Trans10 portation and the Attorney General,’’; 

11 (ii) in subparagraph (C)— 

12 (I) in clause (i)— 

13 (aa) in subclause (II), by 

14 striking ‘‘or’’ after the semicolon; 

15 and 

16 (bb) by adding at the end the 

17 following: 

18 ‘‘(IV) the security or protection 

19 functions for facilities, assets, and op20 erations of Homeland Security Inves21 tigations; or 

22 ‘‘(V) the security and protection of 

23 public airports (as such term is defined 

24 in section 47102 of title 49, United 

25 States Code) under section 7 of the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
20 

•HR 8610 RH

1 Counter-UAS Authority Security, 

2 Safety, and Reauthorization Act;’’; and 

3 (II) in clause (ii)— 

4 (aa) in subclause (I)— 

5 (AA) in item (aa), by 

6 striking ‘‘section 533 of title 

7 28, United States Code’’ and 

8 inserting ‘‘paragraph (2) or 

9 (3) of section 533 of title 28, 

10 United States Code, and that 

11 is limited to a specified pe12 riod of time and location’’; 

13 and 

14 (BB) in item (bb), by 

15 inserting before the semicolon 

16 the following: ‘‘, and that is 

17 limited to a specified period 

18 of time and location’’; and 

19 (bb) in subclause (III), by 

20 striking ‘‘, as specified in’’ and 

21 inserting ‘‘pursuant to’’; 

22 (C) in paragraph (6), by striking ‘‘purposes 

23 of subsection (a)’’ and inserting ‘‘purposes of 

24 subsection (a) and paragraph (4) of subsection 

25 (e)’’; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
21 

•HR 8610 RH

1 (D) in paragraph (8) in the matter pre2 ceding subparagraph (A)— 

3 (i) by striking ‘‘and efficiency of the 

4 national airspace system’’ and inserting ‘‘, 

5 efficiency, and operation of the national 

6 airspace system’’; and 

7 (ii) by striking ‘‘the Secretary or the 

8 Attorney General, respectively,’’ and insert9 ing ‘‘the Secretary, in coordination with the 

10 Secretary of Transportation and the Attor11 ney General,’’; and 

12 (9) by striking subsection (l) and inserting the 

13 following: 

14 ‘‘(l) ANNUAL REPORT.—Not later than 1 year after the 

15 date of enactment of the Counter-UAS Authority Security, 

16 Safety, and Reauthorization Act, and annually thereafter, 

17 the Secretary, in coordination with the Secretary of Trans18 portation and the Attorney General, shall submit to the ap19 propriate congressional committees a report that contains 

20 the following: 

21 ‘‘(1) The information required under subsection 

22 (g)(2). 

23 ‘‘(2) A description of any guidance, policies, pro24 grams, and procedures to mitigate or eliminate any 

25 adverse impact of the activities carried out pursuant 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
22 

•HR 8610 RH

1 to this section, or the use of any counter-UAS detec2 tion or mitigation system, equipment, or technology, 

3 on aviation safety, civil aviation and aerospace oper4 ations, aircraft airworthiness, or the use of the na5 tional airspace system. 

6 ‘‘(3) A description of the guidance, policies, pro7 grams, and procedures established to address privacy, 

8 civil rights, and civil liberties issues implicated by 

9 the activities carried out pursuant to this section.’’; 

10 and 

11 (10) by adding at the end the following: 

12 ‘‘(m) COUNTER-UAS SYSTEM TRAINING.—The Attor13 ney General, in coordination with the Secretary of Home14 land Security (acting through the Director of the Federal 

15 Law Enforcement Training Centers) may— 

16 ‘‘(1) provide training relating to measures to 

17 take the actions described in subsection (b)(1); and 

18 ‘‘(2) establish or designate 1 or more facilities or 

19 training centers for the purpose described in para20 graph (1). 

21 ‘‘(n) COUNTER-UAS DETECTION AND MITIGATION

22 SYSTEM OPERATOR QUALIFICATION AND TRAINING CRI23 TERIA.— 

24 ‘‘(1) IN GENERAL.—The Secretary and Attorney 

25 General, in coordination with the Administrator of 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
23 

•HR 8610 RH

1 the Federal Aviation Administration, shall establish 

2 standards for initial and recurring training pro3 grams or certifications for individuals seeking to op4 erate counter-UAS detection and mitigation systems, 

5 equipment, or technology. 

6 ‘‘(2) TRAINING CRITERIA.—In carrying out 

7 paragraph (1), the Secretary and the Attorney Gen8 eral shall, at a minimum— 

9 ‘‘(A) consider the potential impacts of such 

10 systems, equipment, or technology to aviation 

11 safety, civil aviation and aerospace operations, 

12 aircraft airworthiness, or the civilian use of air13 space, and appropriate actions to maintain 

14 aviation safety, as determined by the Adminis15 trator; 

16 ‘‘(B) establish interagency coordination re17 quirements prior to deployment of such systems, 

18 equipment, or technology; and 

19 ‘‘(C) establish the frequency at which an in20 dividual authorized to operate counter-UAS de21 tection and mitigation systems, equipment, or 

22 technology shall complete and renew such train23 ing or certification.’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
24 

•HR 8610 RH

1 SEC. 4. FAA COUNTER-UAS ACTIVITIES. 

2 (a) IN GENERAL.—Section 44810 of title 49, United 

3 States Code, is amended to read as follows: 

4 ‘‘§ 44810. Counter-UAS activities 

5 ‘‘(a) AUTHORITY.— 

6 ‘‘(1) IN GENERAL.—The Administrator of the 

7 Federal Aviation Administration may take such ac8 tions as described in paragraph (2) that are necessary 

9 to— 

10 ‘‘(A) detect or mitigate a credible threat (as 

11 defined by the Secretary of Homeland Security 

12 and Attorney General, in consultation with the 

13 Administrator) that an operation of an un14 manned aircraft or an unmanned aircraft sys15 tem poses to the safe and efficient operation of 

16 the national airspace system; or 

17 ‘‘(B) test or evaluate the potential adverse 

18 impacts or interference of a counter-UAS detec19 tion or mitigation system, equipment, or tech20 nology on or with safe airport operations, air21 craft navigation, air traffic services, or the safe 

22 and efficient operation of the national airspace 

23 system. 

24 ‘‘(2) AUTHORIZED ACTIONS.—In carrying out 

25 paragraph (1), the Administrator may take the fol26 lowing actions: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
25 

•HR 8610 RH

1 ‘‘(A) Detect, identify, monitor, and track an 

2 unmanned aircraft system or unmanned air3 craft, without prior consent from the operator of 

4 such system or aircraft, including by means of 

5 intercept or other access of a wire, oral, or elec6 tronic communication used to control the un7 manned aircraft system or unmanned aircraft. 

8 ‘‘(B) Contact or warn the operator of an 

9 unmanned aircraft system of a potential 

10 counter-UAS action authorized under this sub11 section. 

12 ‘‘(C) Seize, exercise control of, or otherwise 

13 confiscate an unmanned aircraft system or un14 manned aircraft. 

15 ‘‘(D) Disrupt control of, disable, damage, or 

16 destroy an unmanned aircraft or unmanned air17 craft system, including by means of intercept or 

18 other access of a wire, oral, or electronic commu19 nication used to control the unmanned aircraft 

20 or unmanned aircraft system. 

21 ‘‘(b) APPLICABILITY OF OTHER LAWS.— 

22 ‘‘(1) IN GENERAL.—Section 46502 of this title or 

23 sections 32, 1030, and 1367 and chapters 119 and 

24 206 of title 18 shall not apply to activities authorized 

25 by the Administrator pursuant to this section. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
26 

•HR 8610 RH

1 ‘‘(2) PRIVACY PROTECTION.—In implementing 

2 the requirements of this section, the Administrator, in 

3 coordination with the Attorney General and Secretary 

4 of Homeland Security, shall ensure that— 

5 ‘‘(A) the interception or acquisition of, or 

6 access to, or maintenance or use of, communica7 tions to or from an unmanned aircraft system 

8 under this section is conducted in a manner con9 sistent with the First and Fourth Amendments 

10 to the Constitution of the United States and ap11 plicable provisions of Federal law; 

12 ‘‘(B) communications to or from an un13 manned aircraft system are intercepted or ac14 quired only to the extent necessary to support an 

15 action as described under subsection (a)(2); 

16 ‘‘(C) records of such communications are 

17 disposed of immediately following herein author18 ized activity to mitigate a credible threat, unless 

19 the Administrator, the Secretary of Homeland 

20 Security, or the Attorney General determine that 

21 maintenance of such records— 

22 ‘‘(i) is necessary to investigate or pros23 ecute a violation of law; 

24 ‘‘(ii) would directly support the De25 partment of Defense, a Federal law enforceVerDate Sep 11 2014 23:17 Sep 20, 2024 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\H8610.RH H8610

kjohnson on DSK7ZCZBW3PROD with $$_JOB
27 

•HR 8610 RH

1 ment agency, or the enforcement activities 

2 of a regulatory agency of the Federal Gov3 ernment in connection with a criminal or 

4 civil investigation of, or any regulatory, 

5 statutory, or other enforcement action relat6 ing to an action described in subsection 

7 (a)(2); 

8 ‘‘(iii) is between the Secretary of 

9 Homeland Security and the Attorney Gen10 eral in the course of a security or protection 

11 operation of either agency or a joint oper12 ation of such agencies; or 

13 ‘‘(iv) is otherwise required by law; and 

14 ‘‘(D) to the extent necessary, the Secretary 

15 of Homeland Security and the Attorney General 

16 are authorized to share threat information, 

17 which shall not include communications de18 scribed in this subsection, with State, local, terri19 torial, or tribal law enforcement agencies in the 

20 course of a security or protection operation. 

21 ‘‘(c) OFFICE OF COUNTER-UAS ACTIVITIES.— 

22 ‘‘(1) IN GENERAL.—There is established within 

23 the Federal Aviation Administration an Office of 

24 Counter-UAS Activities for purposes of managing 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
28 

•HR 8610 RH

1 and directing the counter-UAS activities of the Ad2 ministration. 

3 ‘‘(2) DIRECTOR.—The Administrator shall des4 ignate a Director of Counter-UAS Activities, who 

5 shall be the head of the Office. 

6 ‘‘(3) DUTIES.—In carrying out the activities de7 scribed in paragraph (1), the Director shall— 

8 ‘‘(A) coordinate with other offices of the Ad9 ministration to ensure that such activities do not 

10 adversely impact aviation safety or the efficiency 

11 of the national airspace system; 

12 ‘‘(B) lead the development and implementa13 tion of counter-UAS activity strategic planning 

14 within the Federal Aviation Administration; and 

15 ‘‘(C) serve as the Administration’s primary 

16 point of contact for coordinating counter-UAS 

17 activities, including such activities of— 

18 ‘‘(i) Federal and State agencies; 

19 ‘‘(ii) covered airports; and 

20 ‘‘(iii) other relevant stakeholders; and 

21 ‘‘(D) carry out other such counter-UAS ac22 tivities as the Administrator may prescribe. 

23 ‘‘(d) INTERAGENCY COORDINATION.— 

24 ‘‘(1) IN GENERAL.—The Administrator shall co25 ordinate with the Secretary of Homeland Security 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
29 

•HR 8610 RH

1 and the Attorney General to carry out this section, 

2 subject to any restrictions of the Secretary or Attor3 ney General’s authority to acquire, deploy, and oper4 ate counter-UAS systems, equipment, or technology. 

5 ‘‘(2) NON-DELEGATION.—Nothing under this sec6 tion shall permit the Administrator to delegate any 

7 authority granted to the Administrator to any other 

8 Federal agency. 

9 ‘‘(e) COUNTER-UAS DETECTION AND MITIGATION SYS10 TEM PERFORMANCE REQUIREMENTS.— 

11 ‘‘(1) IN GENERAL.—Not later than 270 days 

12 after the date of enactment of the Counter-UAS Au13 thority Security, Safety, and Reauthorization Act, the 

14 Administrator, in coordination with the Secretary 

15 and the Attorney General, shall establish minimum 

16 performance requirements for the safe and reliable de17 ployment or use of counter-UAS detection and miti18 gation systems, equipment, and technology within the 

19 national airspace system. 

20 ‘‘(2) CONSIDERATIONS.— 

21 ‘‘(A) AVIATION SAFETY.—In establishing 

22 minimum performance requirements under para23 graph (1), the Administrator shall— 

24 ‘‘(i) leverage data collected in testing 

25 and evaluation activities conducted under 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
30 

•HR 8610 RH

1 this section and any other relevant testing 

2 and evaluation data determined appro3 priate by the Administrator; 

4 ‘‘(ii) determine the extent to which a 

5 counter-UAS detection or mitigation sys6 tem, equipment, or technology can safely op7 erate without disrupting or interfering with 

8 the operation of aircraft or other national 

9 airspace system users; and 

10 ‘‘(iii) establish specific requirements 

11 for the deployment and use of such systems, 

12 equipment, or technology in terminal air13 space. 

14 ‘‘(B) EFFICACY.—In establishing minimum 

15 performance requirements under subsection (a), 

16 the Administrator shall consider criteria, as de17 termined by the Secretary of Homeland Security, 

18 to determine the degree to which counter-UAS 

19 detection and mitigation systems, equipment, or 

20 technology reliable and effective in detecting or 

21 mitigating unauthorized unmanned aircraft sys22 tem operations independent of data or informa23 tion provided by the system manufacturer of 

24 such unmanned aircraft system. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
31 

•HR 8610 RH

1 ‘‘(C) OTHER INTERFERENCE.—In estab2 lishing minimum performance requirements 

3 under subsection (a), the Administrator shall 

4 consider criteria, as determined by the Federal 

5 Communications Commission, to determine the 

6 extent to which counter-UAS detection and miti7 gation systems, equipment, or technology can be 

8 safely operated without disrupting or interfering 

9 with the operation of civilian communications 

10 and information technology networks and sys11 tems, including such networks and systems that 

12 rely on radio frequency or cellular network com13 munications links. 

14 ‘‘(3) DEMONSTRATION.—The Administrator shall 

15 develop a standardized process by which a manufac16 turer or end-user of a counter-UAS detection or miti17 gation system, equipment, or technology may dem18 onstrate that such system, equipment, or technology 

19 meets the requirements established pursuant to para20 graph (1), which may include validation by an inde21 pendent third party. 

22 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

23 paragraph (1) shall require the Administrator to con24 duct a rulemaking in publishing minimum perform25 ance requirements under such paragraph. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
32 

•HR 8610 RH

1 ‘‘(f) COUNTER-UAS SYSTEM TESTING, EVALUATION, 

2 AND VALIDATION.— 

3 ‘‘(1) EVALUATION AND VALIDATION.—The Ad4 ministrator may conduct such testing, evaluation, 

5 and validation of counter-UAS detection and mitiga6 tion systems, equipment, and technology as necessary 

7 to ensure— 

8 ‘‘(A) such systems, equipment, and tech9 nology will not have an adverse impact on the 

10 safe and efficient operation of the national air11 space system or transportation safety; and 

12 ‘‘(B) such systems, equipment, and tech13 nology meet minimum performance requirements 

14 under subsection (e). 

15 ‘‘(2) TESTING AND TRAINING.—Prior to the com16 mencement of any training or testing of counter-UAS 

17 systems, equipment, and technology used for detection 

18 or mitigation purposes, an agreement shall be estab19 lished between the testing or training entity and the 

20 Administrator to ensure aviation safety. 

21 ‘‘(3) AIRSPACE HAZARD MITIGATION PROGRAM.— 

22 ‘‘(A) TESTING PROGRAM.—In order to test 

23 and evaluate counter-UAS systems, equipment, 

24 or technology that detect or mitigate potential 

25 aviation safety risks posed by unmanned airVerDate Sep 11 2014 23:17 Sep 20, 2024 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\H8610.RH H8610

kjohnson on DSK7ZCZBW3PROD with $$_JOB
33 

•HR 8610 RH

1 craft, the Administrator shall deploy such sys2 tems or technology at 5 airports, as appropriate, 

3 and any other location the Administrator deter4 mines appropriate. 

5 ‘‘(B) TESTING AND EVALUATION.—Notwith6 standing section 46502 or sections 32, 1030, 

7 1367 and chapters 119 and 206 of title 18, the 

8 Administrator of the Federal Aviation Adminis9 tration may conduct testing and evaluation of 

10 any counter-UAS detection or mitigation system, 

11 equipment, or technology to assess potential im12 pacts on, or interference with, safe airport oper13 ations, aircraft and air traffic navigation, air 

14 traffic services, or the safe and efficient operation 

15 of the national airspace system. 

16 ‘‘(C) COORDINATION.—In carrying out this 

17 paragraph, the Administrator shall coordinate 

18 with the Secretary of Homeland Security and 

19 the head of any other Federal agency that the 

20 Administrator considers appropriate. 

21 ‘‘(g) LIMITATIONS ON OPERATION OF COUNTER-UAS 

22 SYSTEMS MANUFACTURED BY CERTAIN FOREIGN ENTER23 PRISES.— 

24 ‘‘(1) LIMITATION.—Notwithstanding any other 

25 provision of this section, the Administrator may not 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
34 

•HR 8610 RH

1 acquire, deploy, or operate, or authorize the acquisi2 tion, deployment, or operation of, a counter-UAS sys3 tem or any associated elements, including software, 

4 manufactured or developed by a covered manufac5 turer. 

6 ‘‘(2) INTERNATIONAL AGREEMENTS.—This sub7 section shall be applied in a manner consistent with 

8 the obligations of the United States under inter9 national agreements in place on the date of enactment 

10 of the Counter-UAS Authority Security, Safety, and 

11 Reauthorization Act. 

12 ‘‘(3) EXCEPTION.—The Secretary of Transpor13 tation is exempt from the limitation under this sub14 section if the Secretary determines that the operation 

15 or procurement of such system supports the safe, se16 cure, or efficient operation of the national airspace 

17 system or maintenance of public safety, including ac18 tivities carried out under the Federal Aviation Ad19 ministration’s Alliance for System Safety of UAS 

20 through Research Excellence Center of Excellence, 

21 FAA-authorized unmanned aircraft systems test 

22 ranges, and any other testing and evaluation activity 

23 deemed to support the safe, secure, or efficient oper24 ation of the national airspace system or maintenance 

25 of public safety, as determined by the Secretary. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
35 

•HR 8610 RH

1 ‘‘(4) DEFINITIONS.—In this subsection: 

2 ‘‘(A) COVERED MANUFACTURER.—The term 

3 ‘covered manufacturer’ means an entity that is 

4 owned by, controlled by, is a subsidiary of, or is 

5 otherwise related legally or financially to, a per6 son based in a country that— 

7 ‘‘(i) is identified as a nonmarket econ8 omy country (as defined in section 771 of 

9 the Tariff Act of 1930 (19 U.S.C. 1677)) as 

10 of the date of enactment of the Counter-UAS 

11 Authority Security, Safety, and Reauthor12 ization Act; 

13 ‘‘(ii) was identified by the United 

14 States Trade Representative in the most re15 cent report required by section 182 of the 

16 Trade Act of 1974 (19 U.S.C. 2242) as a 

17 priority foreign country under subsection 

18 (a)(2) of that section; and 

19 ‘‘(iii) is subject to monitoring by the 

20 Trade Representative under section 306 of 

21 the Trade Act of 1974 (19 U.S.C. 2416). 

22 ‘‘(B) OTHERWISE RELATED LEGALLY OR FI23 NANCIALLY.—The term ‘otherwise related legally 

24 or financially’ does not include a minority stake 

25 relationship or investment. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
36 

•HR 8610 RH

1 ‘‘(h) BRIEFINGS.— 

2 ‘‘(1) SEMIANNUAL BRIEFINGS AND NOTIFICA3 TIONS.— 

4 ‘‘(A) IN GENERAL.—The Administrator 

5 shall provide the specified committees of Congress 

6 a briefing not less than once every 6 months on 

7 the activities carried out pursuant to this sec8 tion. 

9 ‘‘(B) CONTENT.—Each briefing required 

10 under this paragraph shall include— 

11 ‘‘(i) the number of instances and a de12 scription of each instance in which actions 

13 described in subsection (a)(2) have been 

14 taken, including all such instances that— 

15 ‘‘(I) equipment, systems, or tech16 nology disrupted the transmission of 

17 radio or electronic signals, including 

18 and disaggregated by whether any such 

19 disruption was minimized; 

20 ‘‘(II) may have resulted in harm, 

21 damage, or loss to a person or to pri22 vate property, including and 

23 disaggregated by whether any such 

24 harm, damage, or loss was minimized; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
37 

•HR 8610 RH

1 ‘‘(III) resulted in the successful 

2 seizure, exercise of control, or confisca3 tion under subsection (a)(2); or 

4 ‘‘(IV) required the use of reason5 able force under subsection (a)(2); 

6 ‘‘(ii) the frequency and nature of in7 stances in which communications were 

8 intercepted or acquired during the course of 

9 actions described in subsection (a)(2), in10 cluding— 

11 ‘‘(I) the approximate number and 

12 nature of incriminating communica13 tions intercepted; 

14 ‘‘(II) the approximate number 

15 and nature of other communications 

16 intercepted; and 

17 ‘‘(III) the total number of in18 stances in which records of commu19 nications intercepted or acquired dur20 ing the course of actions described in 

21 subsection (a)(2) were— 

22 ‘‘(aa) shared with the De23 partment of Justice or another 

24 Federal law enforcement agency, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
38 

•HR 8610 RH

1 including a list of receiving Fed2 eral law enforcement agencies; or 

3 ‘‘(bb) maintained for more 

4 than 90 days; 

5 ‘‘(iii) the number of instances and a 

6 description of each instance in which Ad7 ministrator of the Federal Aviation Admin8 istration has engaged with Federal, State, 

9 or local law enforcement agencies to imple10 ment the authority under this section, in11 cluding the number of instances that re12 sulted in a criminal investigation or litiga13 tion; and 

14 ‘‘(iv) information on the actions car15 ried out under subparagraphs (C) and (D) 

16 of subsection (a)(2), including equipment or 

17 technology to address emerging trends and 

18 changes in unmanned aircraft system or 

19 unmanned aircraft system-related security 

20 threats. 

21 ‘‘(C) CLASSIFICATION.— 

22 ‘‘(i) IN GENERAL.—Each briefing re23 quired under this subsection shall be in an 

24 unclassified form, but shall be accompanied 

25 by an additional classified briefing at the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
39 

•HR 8610 RH

1 request of the Chair or Ranking Member of 

2 any specified committee of Congress. 

3 ‘‘(ii) CONTENT OF BRIEFINGS.—Such 

4 briefings shall include, at a minimum— 

5 ‘‘(I) a description of instances in 

6 which an active mitigation action 

7 under this section has been taken, in8 cluding all such instances that may 

9 have resulted in harm, damage, or loss 

10 to an individual or to private prop11 erty; and 

12 ‘‘(II) a description of each covered 

13 site, including the capabilities of 

14 counter-UAS systems used at such 

15 sites. 

16 ‘‘(2) NOTIFICATION.—Beginning 180 days after 

17 the date of enactment of the Counter-UAS Authority 

18 Security, Safety, and Reauthorization Act, the Ad19 ministrator shall— 

20 ‘‘(A) notify the specified committees of Con21 gress of any newly authorized acquisition, de22 ployment, or operation of a counter-UAS system, 

23 equipment or technology under this section not 

24 later than 90 days after such newly authorized 

25 acquisition, deployment, or operation; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
40 

•HR 8610 RH

1 ‘‘(B) in providing a notification under sub2 paragraph (A), include a description of options 

3 considered to mitigate any identified impacts to 

4 the national airspace system related to the use of 

5 any counter-UAS system, technology, or equip6 ment operated at a covered site, including the 

7 minimization of the use of any technology, 

8 equipment or system that disrupts the trans9 mission of radio or electronic signals. 

10 ‘‘(i) DEFINITIONS.—In this section: 

11 ‘‘(1) SPECIFIED COMMITTEES OF CONGRESS.— 

12 The term ‘specified committees of Congress’ means— 

13 ‘‘(A) the Committee on Transportation and 

14 Infrastructure, the Committee on Homeland Se15 curity, and the Committee on the Judiciary of 

16 the House of Representatives; and 

17 ‘‘(B) the Committee on Commerce, Science, 

18 and Transportation, the Committee on Home19 land Security and Governmental Affairs, and the 

20 Committee on the Judiciary of the Senate. 

21 ‘‘(2) STATE.—The term ‘State’ means a State, 

22 the District of Columbia, and a territory or posses23 sion of the United States. 

24 ‘‘(j) SUNSET.—This section ceases to be effective on Oc25 tober 1, 2029.’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
41 

•HR 8610 RH

1 (b) CLERICAL AMENDMENT.—The analysis for chapter 

2 448 of title 49, United States Code, is amended by striking 

3 the item relating to section 44810 and inserting the fol4 lowing: 

‘‘44810. Counter-UAS activities.’’. 

5 SEC. 5. ADDITIONAL LIMITED AUTHORITY FOR DETECTION, 

6 IDENTIFICATION, MONITORING, AND TRACK7 ING. 

8 (a) IN GENERAL.—The Secretary of Homeland Secu9 rity, in coordination with the Administrator of the Federal 

10 Aviation Administration and the Attorney General, may 

11 authorize the acquisition, deployment, and operation of ap12 proved counter-UAS detection systems, equipment or tech13 nology intended to be used for the detection of unmanned 

14 aircraft systems by a covered entity. 

15 (b) REQUIRED APPLICATION.— 

16 (1) IN GENERAL.—In carrying out this section, 

17 the Secretary of Homeland Security, in coordination 

18 with the Administrator and the Attorney General, not 

19 later than 180 days after the establishment of the list 

20 of approved makes and models of counter-UAS detec21 tion systems, equipment, and technology, shall estab22 lish an application process to authorize the acquisi23 tion, deployment, and operation of an approved 

24 counter-UAS detection system, equipment, or tech25 nology by a Federal, State, local, territorial, or Tribal 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
42 

•HR 8610 RH

1 law enforcement agency, in partnership with a cov2 ered entity, at a covered site. 

3 (2) APPLICATION REQUIREMENTS.—The applica4 tion described in paragraph (1) shall contain— 

5 (A) a justifiable need (based on a threat 

6 posed by an unmanned aircraft or unmanned 

7 aircraft system to a covered site) to detect an un8 manned aircraft system with an approved 

9 counter-UAS detection system, equipment, or 

10 technology; 

11 (B) a plan for the acquisition, deployment, 

12 and operation of such counter-UAS detection 

13 system, equipment, or technology, that shall— 

14 (i) be subject to the approval of the 

15 Secretary of Homeland Security, the Ad16 ministrator of the Federal Aviation Admin17 istration, and the Attorney General; and 

18 (ii) include— 

19 (I) a description of the covered 

20 site or sites at which the counter-UAS 

21 detection system, equipment, or tech22 nology will be deployed and operated; 

23 (II) a description of the time peri24 ods and dates during which the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
43 

•HR 8610 RH

1 counter-UAS detection system, equip2 ment, or technology will be operated; 

3 (C) a written agreement between the covered 

4 entity and a Federal, State, local, or Tribal law 

5 enforcement agency to operate such approved 

6 counter-UAS detection system, equipment, or 

7 technology at a covered site on behalf of such cov8 ered entity; 

9 (D) proof of completion of initial and recur10 rent training or certification requirements under 

11 section 210G(n) of the Homeland Security Act of 

12 2002 (6 U.S.C. 124n(n)); and 

13 (E) any other requirements the Secretary 

14 determines appropriate. 

15 (c) AGREEMENTS.—Upon approval of an application 

16 required under subsection (b) by the Secretary of Homeland 

17 Security, the Secretary shall enter into an agreement with 

18 the applicable covered entity to authorize the acquisition, 

19 deployment, and operation of an approved counter-UAS de20 tection system, equipment, or technology, that shall specify, 

21 at a minimum— 

22 (1) the approved counter-UAS detection system, 

23 equipment, or technology to be operated; 

24 (2) the covered site or sites at which the system, 

25 equipment, or technology may be operated; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
44 

•HR 8610 RH

1 (3) the time periods, dates, and circumstances 

2 during which the counter-UAS detection system, 

3 equipment, or technology may be operated; and 

4 (4) any terms and conditions on the deployment 

5 and operation of an approved counter-UAS detection 

6 system, equipment, or technology the Secretary deter7 mines necessary to ensure public safety. 

8 (d) REVOCATION.—The Secretary shall revoke the au9 thorization or approval for the deployment and operation 

10 of an approved counter-UAS detection system, equipment, 

11 or technology pursuant to this section if the Secretary deter12 mines that the covered entity has not— 

13 (1) maintained an agreement that is acceptable 

14 to the Secretary with a Federal, State, local, or Trib15 al law enforcement agency to operate such approved 

16 counter-UAS detection system, equipment, or tech17 nology on behalf of the covered entity; 

18 (2) complied with the initial and recurrent 

19 training or certification requirements under section 

20 210G(n) of the Homeland Security Act of 2002 (6 

21 U.S.C. 124n(n)); and 

22 (3) complied with the privacy protections under 

23 section 210G(e) of the Homeland Security Act of 2002 

24 (6 U.S.C. 124n(e)). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
45 

•HR 8610 RH

1 (e) COORDINATION.—The Secretary shall coordinate 

2 with the Administrator of the Federal Aviation Administra3 tion and the Attorney General in carrying out the applica4 tion and agreement processes under this section. 

5 (f) APPLICABILITY OF OTHER LAWS.—Section 46502 

6 of title 49, United States Code, or sections 32, 1030, and 

7 1367 and chapters 119 and 206 of title 18, United States 

8 Code, shall not apply to activities authorized by the Sec9 retary under this section or section 6. 

10 (g) PREVIOUSLY ACQUIRED COUNTER-UAS SYS11 TEMS.—If the Administrator finds that a covered entity ac12 quired and operated a counter-UAS detection system, 

13 equipment, or technology prior to the date of enactment of 

14 this Act, the Secretary may authorize the use of such system, 

15 equipment, or technology if— 

16 (1) such system, equipment, or technology meets 

17 the minimum performance requirements issued pursu18 ant to section 44810(e) of title 49, United States 

19 Code; and 

20 (2) such covered entity submits an application 

21 under subsection (b) and enters into required agree22 ments under subsection (c). 

23 (h) AUDITS.—Not later than 18 months after the date 

24 of enactment of this Act, and every 18 months thereafter, 

25 the inspectors general of the Department of Transportation, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
46 

•HR 8610 RH

1 the Department of Homeland Security, and the Department 

2 of Justice shall conduct a joint audit of the implementation 

3 of the requirements of this section, section 6, or section 7. 

4 (i) REPORT TO CONGRESS.—Not later than 90 days 

5 after the date on which the inspectors general complete each 

6 audit required under subsection (h), the inspector generals 

7 shall submit to the appropriate committees of Congress a 

8 report on the findings of such audit and any recommenda9 tions related to the administration of this section. 

10 (j) TERMINATION OF AUTHORITY.—The authorities 

11 under this section shall terminate on October 1, 2029. 

12 (k) SAVINGS CLAUSE.— 

13 (1) RULES OF CONSTRUCTION.— 

14 (A) SAFETY AND EFFICIENCY.—Nothing in 

15 this section or section 6 shall be construed to 

16 limit or restrict the Administrator of the Federal 

17 Aviation Administration from ensuring the safe18 ty and efficiency of the national airspace system. 

19 (B) PRECLUSION.—Nothing in this section 

20 or section 7 shall be construed to preclude a cov21 ered entity from acquiring and operating an ap22 proved counter-UAS detection system, equip23 ment, or technology without an authorization if 

24 the lawful operation of such system, equipment, 

25 or technology does not— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
47 

•HR 8610 RH

1 (i) require the relief provided under 

2 subsection (f); and 

3 (ii) adversely impact the safe operation 

4 of the national airspace system. 

5 (2) SUSPENSION OF AUTHORITY.— 

6 (A) IN GENERAL.—The Administrator of the 

7 Federal Aviation Administration, in consulta8 tion with the Attorney General, may suspend the 

9 authority provided under this section or section 

10 6 if the Administrator— 

11 (i) determines that the exercise of such 

12 authority threatens the safety or efficiency 

13 of the national airspace system; and 

14 (ii) conveys in writing the determina15 tion to the Secretary of Homeland Security. 

16 (B) REPORTING.—The Administrator shall 

17 notify the appropriate committees of Congress 

18 within 48 hours of suspending the authority pro19 vided under this section under subparagraph 

20 (A). 

21 (l) APPROVED COUNTER-UAS DETECTION SYSTEM

22 DEFINED.—In this section, the term ‘‘approved counter23 UAS detection system’’ means a counter-UAS detection sys24 tem approved under section 210G(b)(4) of the Homeland 

25 Security Act of 2002 (6 U.S.C. 124n(b)(4)) and that meets 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
48 

•HR 8610 RH

1 the minimum performance requirements established pursu2 ant to section 44810(e) of title 49, United States Code. 

3 SEC. 6. COUNTER-UAS MITIGATION LAW ENFORCEMENT 

4 PILOT PROGRAM. 

5 (a) IN GENERAL.—Subject to the availability of appro6 priations for such purpose, not later than 180 days after 

7 the first determination that a counter-UAS system with 

8 mitigation capabilities meets the requirements of section 

9 44810(e) of title 49, United States Code, the Secretary of 

10 Homeland Security, in coordination with the Attorney Gen11 eral and the Administrator of the Federal Aviation Admin12 istration, shall establish a pilot program to assess the effi13 cacy of approved counter-UAS mitigation systems at cov14 ered sites and determine the appropriate policies, proce15 dures, and protocols necessary to allow State and covered 

16 local law enforcement agencies (in coordination with the 

17 Secretary, Attorney General, and Administrator) to ac18 quire, deploy, and operate approved counter-UAS mitiga19 tion systems and mitigate unauthorized UAS operations on 

20 behalf of covered entities. 

21 (b) REQUIRED APPLICATION.— 

22 (1) IN GENERAL.—In carrying out this section, 

23 the Secretary of Homeland Security, in coordination 

24 with the Attorney General and the Administrator, 

25 shall establish an application process to authorize the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
49 

•HR 8610 RH

1 acquisition, deployment, and operation of an ap2 proved counter-UAS mitigation system, equipment, or 

3 technology by a State or covered local law enforce4 ment agency, in partnership with a covered entity, at 

5 a covered site. 

6 (2) APPLICATION REQUIREMENTS.—The applica7 tion described in paragraph (1) shall contain— 

8 (A) a justifiable need (based on a threat 

9 posed by an unmanned aircraft or unmanned 

10 aircraft system to a covered site) to mitigate an 

11 unmanned aircraft system with an approved 

12 counter-UAS mitigation system, equipment, or 

13 technology; 

14 (B) a plan for the acquisition, deployment, 

15 and operation of such counter-UAS mitigation 

16 system, equipment, or technology, that shall— 

17 (i) be subject to the approval of the 

18 Secretary of Homeland Security, the Attor19 ney General, and the Administrator of the 

20 Federal Aviation Administration; and 

21 (ii) include— 

22 (I) a description of the covered 

23 site or sites at which the counter-UAS 

24 mitigation system, equipment, or techVerDate Sep 11 2014 23:17 Sep 20, 2024 Jkt 049200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6203 E:\BILLS\H8610.RH H8610

kjohnson on DSK7ZCZBW3PROD with $$_JOB
50 

•HR 8610 RH

1 nology will be deployed and operated; 

2 and 

3 (II) a description of the time peri4 ods and dates during which the 

5 counter-UAS mitigation system, equip6 ment, or technology will be operated; 

7 (C) a written agreement between the covered 

8 entity and a State or covered local law enforce9 ment agency to operate such approved counter10 UAS mitigation system, equipment, or tech11 nology at a covered site on behalf of such covered 

12 entity; 

13 (D) proof of completion of initial and recur14 rent training or certification requirements under 

15 section 210G(n) of the Homeland Security Act of 

16 2002 (6 U.S.C. 124n(n)); 

17 (E) proof that the airspace above such cov18 ered site is restricted by a temporary flight re19 striction, a determination under section 2209 of 

20 the FAA Extension, Safety, and Security Act of 

21 2016 (49 U.S.C. 44802 note), or any other simi22 lar restriction determined appropriate by the 

23 Secretary; and 

24 (F) any other requirements the Secretary 

25 determines appropriate. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
51 

•HR 8610 RH

1 (c) AGREEMENTS.—Upon approval of an application 

2 required under subsection (b) by the Secretary of Homeland 

3 Security, the Secretary shall enter into an agreement with 

4 the applicable covered entity and State or covered local law 

5 enforcement agency to authorize the acquisition, deploy6 ment, operation of an approved counter-UAS mitigation 

7 system, equipment, or technology, that shall specify, at a 

8 minimum— 

9 (1) the approved counter-UAS mitigation sys10 tem, equipment, or technology to be operated; 

11 (2) the covered site or sites at which the system, 

12 equipment, or technology may be operated; 

13 (3) the time periods, dates, and circumstances 

14 during which the counter-UAS mitigation system, 

15 equipment, or technology may be operated; 

16 (4) any terms and conditions on the deployment 

17 and operation of an approved counter-UAS mitiga18 tion system, equipment, or technology the Secretary 

19 determines necessary to ensure public safety; 

20 (5) the frequency with which the appropriate 

21 Federal agency representatives shall conduct periodic 

22 site visits to ensure compliance with the approved 

23 terms and conditions of deployment and operations of 

24 the approved counter-UAS mitigation system, equip25 ment, or technology; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
52 

•HR 8610 RH

1 (6) the required Federal coordination prior to 

2 the mitigation of an unmanned aircraft system by a 

3 State or covered local law enforcement agency de4 scribed in subsection (d)(1); and 

5 (7) the post-event reporting requirements speci6 fied in subsection (d)(3). 

7 (d) REQUIRED COORDINATION AND NOTIFICATION.— 

8 (1) IN GENERAL.—Until the date that is 270 

9 days after the initial deployment of an authorized 

10 counter-UAS system, equipment, or technology, the 

11 Secretary of Homeland Security shall expressly ap12 prove, on a case-by-case basis, the mitigation of un13 manned aircraft system by a State or covered local 

14 law enforcement agency under this section. 

15 (2) VERIFICATION AND NOTIFICATION.—In car16 rying out paragraph (1), the Secretary of Homeland 

17 Security shall— 

18 (A) verify that there is a justifiable threat 

19 that warrants the use of such counter-UAS sys20 tem, equipment, or technology; 

21 (B) verify that the use of such counter-UAS 

22 system, equipment, or technology will— 

23 (i) be conducted in a manner con24 sistent with the agreement between the SecVerDate Sep 11 2014 23:17 Sep 20, 2024 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6203 E:\BILLS\H8610.RH H8610

kjohnson on DSK7ZCZBW3PROD with $$_JOB
53 

•HR 8610 RH

1 retary and the State or covered local law 

2 enforcement agency; and 

3 (ii) abide by all safety protocols, terms, 

4 and conditions established for the use of 

5 such system, equipment, or technology at the 

6 covered site; and 

7 (C) immediately notify the Administrator of 

8 the Federal Aviation Administration of the ap9 proval provided under this paragraph. 

10 (3) REPORT.— 

11 (A) IN GENERAL.—Not later than 24 hours 

12 after each mitigation of a UAS conducted under 

13 the authorities in this section, the relevant State 

14 or covered local law enforcement agency shall 

15 submit to the Secretary of Homeland Security, 

16 the Administrator of the Federal Aviation Ad17 ministration, and the Attorney General a post18 event report. 

19 (B) CONTENTS.—The report under subpara20 graph (A) shall include all relevant information 

21 pertaining to the event, including the drone op22 eration, and subsequent mitigation and enforce23 ment actions, and subsequent enforcement ac24 tions, as specified by the Secretary. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
54 

•HR 8610 RH

1 (e) REVOCATION.—The Secretary shall revoke the au2 thorization or approval for the deployment and operation 

3 of an approved counter-UAS mitigation system, equipment, 

4 or technology pursuant to this section if the Secretary deter5 mines that the covered entity has not— 

6 (1) maintained an agreement that is acceptable 

7 to the Secretary with a State or covered local law en8 forcement agency to operate such approved counter9 UAS mitigation system, equipment, or technology on 

10 behalf of the covered entity; 

11 (2) complied with the initial and recurrent 

12 training or certification requirements under section 

13 210G(n) of the Homeland Security Act of 2002 (6 

14 U.S.C. 124n(n)); and 

15 (3) complied with the privacy protections under 

16 section 210G(e) of the Homeland Security Act of 2002 

17 (6 U.S.C. 124n(e)). 

18 (f) COORDINATION.—The Secretary shall coordinate 

19 with the Administrator of the Federal Aviation Administra20 tion and the Attorney General in carrying out the applica21 tion, agreement, and revocation processes under this section. 

22 (g) SELECTION CRITERIA.— 

23 (1) AIRSPACE CONSIDERATIONS.— 

24 (A) IN GENERAL.—The Administrator of the 

25 Federal Aviation Administration, in coordinaVerDate Sep 11 2014 23:17 Sep 20, 2024 Jkt 049200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6203 E:\BILLS\H8610.RH H8610

kjohnson on DSK7ZCZBW3PROD with $$_JOB
55 

•HR 8610 RH

1 tion with the Secretary of Homeland Security 

2 and the Attorney General, shall make a site-spe3 cific determination for each covered site selected 

4 under the pilot program established under this 

5 section to ensure that any potential use of 

6 counter-UAS mitigation systems, equipment, or 

7 technology at the covered site will not adversely 

8 impact the safe operation of the national air9 space system, including any airport that is lo10 cated near the covered site. 

11 (B) INELIGIBILITY FOR PARTICIPATION.—If 

12 an adverse impact is identified under subpara13 graph (A) and cannot be safely mitigated to the 

14 satisfaction of the Administrator, the covered site 

15 is not eligible for participation in the pilot pro16 gram established under this section. 

17 (2) PROGRAM SIZE, REVIEW, AND EXPANSION.— 

18 (A) INITIAL SIZE.—The program established 

19 under subsection (a) may include not more than 

20 5 State or covered local law enforcement agen21 cies. 

22 (B) RESTRICTION.—No State or covered 

23 local law enforcement agency participating in 

24 the pilot program established under subsection 

25 (a) may operate approved counter-UAS mitigaVerDate Sep 11 2014 23:17 Sep 20, 2024 Jkt 049200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6203 E:\BILLS\H8610.RH H8610

kjohnson on DSK7ZCZBW3PROD with $$_JOB
56 

•HR 8610 RH

1 tion systems, equipment, or technology at more 

2 than 4 covered sites. 

3 (C) REVIEW AND EXPANSION.—Not later 

4 than 18 months after approved counter-UAS 

5 mitigation systems, equipment, or technology are 

6 deployed for use by State or covered local law en7 forcement agencies participating in the pilot 

8 program established under subsection (a), the 

9 Secretary, in coordination with the Adminis10 trator and the Attorney General, shall review the 

11 preliminary results of such pilot program and, if 

12 appropriate, take such actions as may be nec13 essary to revise or expand, subject to the avail14 ability of trained personnel, the number of law 

15 enforcement agencies permitted to participate in 

16 the program by 10. 

17 (3) REVIEW AND EXPANSION.—Not later than 3 

18 years after approved counter-UAS mitigation sys19 tems, equipment, or technology are deployed at the 5 

20 covered sites selected under subsection (a), the Sec21 retary, in coordination with the Administrator and 

22 the Attorney General, shall review the preliminary re23 sults of such pilot program and, if appropriate, take 

24 such actions as may be necessary to revise or expand 

25 counter-UAS system mitigation authorities, subject to 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
57 

•HR 8610 RH

1 the availability of trained personnel, to not more than 

2 20 covered sites under the pilot program. 

3 (h) REQUIRED BRIEFING.—Not later than 6 months 

4 after the establishment of the pilot program under this sec5 tion, and every 6 months thereafter, the Secretary shall brief 

6 the appropriate committees of Congress on the progress and 

7 findings of the pilot program established under this section, 

8 including a description of all mitigation events reported 

9 under subsection (d). 

10 (i) SUNSET.—The authority under this section shall 

11 terminate on October 1, 2029. 

12 (j) DEFINITIONS.—In this section: 

13 (1) APPROVED COUNTER-UAS DETECTION SYS14 TEM.—The term ‘‘approved counter-UAS detection 

15 system’’ means a counter-UAS detection system ap16 proved under section 210G(b)(4) of the Homeland Se17 curity Act of 2002 (6 U.S.C. 124n(b)(4)) and that 

18 meets the minimum performance requirements estab19 lished pursuant to section 44810(e) of title 49, United 

20 States Code. 

21 (2) COVERED LOCAL LAW ENFORCEMENT AGEN22 CY.—The term ‘‘covered local law enforcement agen23 cy’’ means a local law enforcement agency that has 

24 jurisdiction over an area containing a population of 

25 at least 650,000 people. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
58 

•HR 8610 RH

1 SEC. 7. COUNTER-UAS SYSTEM PLANNING AND DEPLOY2 MENT AT AIRPORTS. 

3 (a) STRATEGIC AIRPORT PLANNING.— 

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

5 the date of enactment of this Act, the Administrator 

6 of the Federal Aviation Administration, in coordina7 tion with the Secretary of Homeland Security and the 

8 Attorney General, shall develop a plan for operations 

9 at covered airports of counter-UAS detection and 

10 mitigation systems, equipment, or technology that 

11 meet the performance requirements described in sec12 tion 44810(e) of title 49, United States Code, for pur13 poses of— 

14 (A) ensuring the safety and security of air15 craft; and 

16 (B) responding to a persistent disruption of 

17 air traffic operations caused by unmanned air18 craft system activity. 

19 (2) CONTENTS.—The plan required under para20 graph (1) shall consider, at a minimum— 

21 (A) the roles and responsibilities of— 

22 (i) Federal agency personnel, including 

23 air traffic control personnel and Federal 

24 Air Marshal resources; 

25 (ii) relevant airport personnel; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
59 

•HR 8610 RH

1 (iii) any other stakeholder the Admin2 istrator determines appropriate in the ter3 minal airspace; 

4 (B) operational procedures, protocols, poli5 cies, and guidelines pertaining to the deployment 

6 of such systems, equipment, or technology; 

7 (C) minimum performance requirements for 

8 such systems, equipment, or technology; 

9 (D) funding responsibilities and mecha10 nisms for the acquisition, deployment, and oper11 ation of such systems, equipment or technology; 

12 (E) the operational approval process by 

13 which such systems, equipment or technology 

14 may be deployed; 

15 (F) reporting requirements associated with 

16 the use of such systems, equipment, or tech17 nology; 

18 (G) initial operator training and recurrent 

19 training requirements; 

20 (H) how the remote identification of un21 manned aircraft systems can be leveraged for the 

22 operation of counter-UAS systems, equipment or 

23 technology; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
60 

•HR 8610 RH

1 (I) any other content as determined nec2 essary by the Administrator, the Secretary, and 

3 the Attorney General. 

4 (3) COORDINATION.—In developing the plan de5 scribed in paragraph (1), the Administrator— 

6 (A) shall coordinate with the Secretary of 

7 Homeland Security and the Attorney General to 

8 consider, and if determined appropriate by the 

9 Administrator, include requirements and proce10 dures for— 

11 (i) conducting and updating airport12 specific vulnerability assessments; 

13 (ii) developing airport-specific coordi14 nation and communication requirements 

15 with Federal agencies, local law enforce16 ment, and airport personnel appropriate for 

17 the scope of such plan; 

18 (iii) tactical response and status re19 porting during events within the scope of 

20 such plan; and 

21 (iv) acquisition and deployment of 

22 counter-UAS systems, equipment, or tech23 nology within the scope of such plan; and 

24 (B) shall consult with airport and law en25 forcement stakeholders, including the exclusive 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
61 

•HR 8610 RH

1 bargaining representative of air traffic control2 lers certified under section 7111 of title 5, 

3 United States Code, as appropriate. 

4 (4) PERIODIC UPDATE.—In carrying out this 

5 subsection, the Administrator shall review and update 

6 such plan not less than annually. 

7 (b) COUNTER-UAS DETECTION SYSTEMS AT AIR8 PORTS.— 

9 (1) IN GENERAL.—Pursuant to the plan required 

10 in subsection (a) and subject to available appropria11 tions, the Administrator, in coordination with the 

12 Secretary of Homeland Security, the Attorney Gen13 eral, and other relevant Federal agencies, shall pro14 vide for the deployment of approved counter-UAS de15 tection systems, equipment, or technology within the 

16 terminal airspace of— 

17 (A) each large hub airport (as defined in 

18 section 47102 of title 49, United States Code), 

19 not later than 30 months after the publication of 

20 the performance requirements described in sec21 tion 44810(e) of title 49, United States Code; 

22 (B) a minimum of 3 airports that each 

23 have a total annual landed weight of all-cargo of 

24 more than 7,500,000,000 pounds in 2021 or any 

25 year thereafter, not later than 12 months after 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
62 

•HR 8610 RH

1 the publication of the guidance described in sub2 section (a); and 

3 (C) each medium hub airport (as defined in 

4 section 47102 of title 49, United States Code), 

5 not later than 4 years after the publication of the 

6 performance requirements described in section 

7 44810(e) of title 49, United States Code. 

8 (2) PRE-DEPLOYMENT ACTIVITIES.—The Admin9 istrator of the Federal Aviation Administration, in 

10 consultation with the Federal Communications Com11 mission, the National Telecommunications and Infor12 mation Administration, and other Federal agencies as 

13 appropriate, shall conduct site-specific spectrum and 

14 suitability assessments for each selected airport under 

15 the program, based on the specific counter-UAS detec16 tion systems, equipment, or technology intended to be 

17 deployed. 

18 (c) COUNTER-UAS MITIGATION AT AIRPORTS.— 

19 (1) ESTABLISHMENT.—Pursuant to the plan re20 quired in subsection (a), the Secretary of Homeland 

21 Security, jointly with the Administrator of the Fed22 eral Aviation Administration and in coordination 

23 with the Attorney General, shall, subject to the avail24 ability of appropriations, establish a pilot program to 

25 assess the feasibility of deploying approved counterVerDate Sep 11 2014 23:17 Sep 20, 2024 Jkt 049200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6203 E:\BILLS\H8610.RH H8610

kjohnson on DSK7ZCZBW3PROD with $$_JOB
63 

•HR 8610 RH

1 UAS mitigation systems, equipment, and technology 

2 capable of mitigating unmanned aircraft and un3 manned aircraft systems for purposes of responding to 

4 a persistent disruption of air traffic operations 

5 caused by unauthorized unmanned aircraft system ac6 tivity. 

7 (2) DEPLOYMENT OF COUNTER-UAS MITIGATION

8 SYSTEMS.—The pilot program shall include deploy9 ment of approved counter-UAS mitigation systems, 

10 equipment, or technology at up to 5 covered airports 

11 not later than 2 years after the publication of the per12 formance requirements described in section 44810(e) 

13 of title 49, United States Code. 

14 (3) SELECTION.—The Administrator shall pro15 vide the Secretary of Homeland Security a list of cov16 ered airports eligible for inclusion in the pilot pro17 gram, based on the suitability of each such airport for 

18 counter-UAS system, equipment, or technology de19 ployment. 

20 (4) PRE-DEPLOYMENT ACTIVITIES.—The Admin21 istrator shall, in consultation with the Federal Com22 munications Commission, the National Telecommuni23 cations and Information Administration, and other 

24 Federal agencies as appropriate, conduct site-specific 

25 spectrum and suitability assessments for each selected 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
64 

•HR 8610 RH

1 airport under the program, based on the specific 

2 counter-UAS mitigation systems, equipment, or tech3 nology to be deployed, prior to the operation of such 

4 systems at each selected airport. 

5 (5) LIMITATIONS ON MITIGATION ACTIVITIES.— 

6 (A) AUTHORIZATION OF MITIGATION.—No 

7 activity to mitigate the operation of an un8 manned aircraft or unmanned aircraft system 

9 under the pilot program may be carried out 

10 without authorization from both the Secretary of 

11 Homeland Security and the Administrator. 

12 (B) EMERGENCY, TEMPORARY DEPLOY13 MENT.—The Secretary of Homeland Security or 

14 the Administrator, may, on a case-by-case basis, 

15 authorize an emergency, temporary deployment 

16 and operation of systems, equipment, or tech17 nology capable of mitigating unmanned aircraft 

18 and unmanned aircraft systems to a public air19 port (as defined under section 47102 of title 49, 

20 United States Code) not participating in the 

21 pilot program for purposes of responding to a 

22 persistent disruption of air traffic operations 

23 caused by unauthorized unmanned aircraft sys24 tem activity. 

25 (d) SITE SPECIFIC PLANNING.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
65 

•HR 8610 RH

1 (1) IN GENERAL.—Prior to the deployment and 

2 operation of a counter-UAS detection or mitigation 

3 system, equipment, or technology at an airport as de4 scribed in subsection (b) and paragraph (1) of sub5 section (c), the Secretary and the Administrator shall 

6 coordinate with airport personnel, including the ex7 clusive bargaining representative of air traffic con8 trollers certified under section 7111 of title 5, United 

9 States Code, State law enforcement, and other rel10 evant stakeholders to develop a site-specific plan for 

11 the use of counter-UAS detection and mitigation sys12 tems, equipment, or technology at such airport. 

13 (2) RESPONSIBILITIES.—A plan required under 

14 paragraph (1) shall include— 

15 (A) roles and responsibilities of— 

16 (i) Federal agency personnel, including 

17 air traffic control personnel; 

18 (ii) airport law enforcement and secu19 rity personnel; 

20 (iii) State law enforcement personnel; 

21 (iv) other relevant airport personnel, 

22 as determined by the Secretary and the Ad23 ministrator; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
66 

•HR 8610 RH

1 (v) any other stakeholder in a terminal 

2 airspace the Secretary and Administrator 

3 determine appropriate; 

4 (B) operational procedures, protocols, poli5 cies, and guidelines pertaining to the deploy6 ment, use, and maintenance of such systems, 

7 equipment, or technology; 

8 (C) the operational approval process by 

9 which such systems, equipment, or technology 

10 may be actively deployed and operated; 

11 (D) reporting requirements associated with 

12 the use of such systems, equipment, or tech13 nology; 

14 (E) initial and recurring counter-UAS op15 erator training requirements; 

16 (F) appropriate consideration of, and up17 dates to, counter-UAS emergency response plans 

18 for an airport; and 

19 (G) any other content as determined nec20 essary by the Secretary and the Administrator. 

21 (e) RESTRICTION.—No Federal agency may require an 

22 airport operator to procure, acquire, deploy, or operate an 

23 approved counter-UAS detection system, equipment, or 

24 technology, or approved counter-UAS mitigation system, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
67 

•HR 8610 RH

1 equipment, or technology for or on behalf of the Federal 

2 agency. 

3 (f) PREVIOUSLY ACQUIRED COUNTER-UAS SYS4 TEMS.—If the Administrator finds that an airport acquired 

5 and operated a counter-UAS detection system, equipment, 

6 or technology prior to the date of enactment of this Act, 

7 the Administrator may authorize the use of such system, 

8 equipment, or technology under this subsection if— 

9 (1) such system, equipment, or technology meets 

10 the minimum performance requirements issued pursu11 ant to section 44810(e) of title 49, United States 

12 Code; and 

13 (2) such airport agrees to such terms and condi14 tions as the Administrator may prescribe under this 

15 subsection. 

16 (g) DEFINITIONS.—In this section: 

17 (1) APPROVED COUNTER-UAS DETECTION SYSTEM

18 DEFINED.—The term ‘‘approved counter-UAS detec19 tion system’’ means a system approved under section 

20 210G(b)(4) of the Homeland Security Act of 2002 (6 

21 U.S.C. 124n(b)(4)) and that meets the minimum per22 formance requirements established pursuant to section 

23 44810(e) of title 49, United States Code. 

24 (2) APPROVED COUNTER-UAS MITIGATION SYS25 TEM DEFINED.—The term ‘‘approved counter-UAS 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
68 

•HR 8610 RH

1 mitigation system’’ means a system approved under 

2 section 210G(b)(4) of the Homeland Security Act of 

3 2002 (6 U.S.C. 124n(b)(4)) and that meets the min4 imum performance requirements established pursuant 

5 to section 44810(e) of title 49, United States Code. 

6 SEC. 8. UAS DETECTION AND MITIGATION ENFORCEMENT 

7 AUTHORITY. 

8 (a) IN GENERAL.—Chapter 448 of title 49, United 

9 States Code, is amended by adding at the end the following: 

10 ‘‘§ 44815. Unmanned aircraft system detection and 

11 mitigation enforcement 

12 ‘‘(a) PROHIBITION.— 

13 ‘‘(1) IN GENERAL.—No person may carelessly or 

14 recklessly operate a system, equipment, or technology 

15 to detect, identify, monitor, track, or mitigate an un16 manned aircraft system or unmanned aircraft in a 

17 manner that adversely impacts or interferes with safe 

18 airport operations, navigation, or air traffic services, 

19 or the safe and efficient operation of the national air20 space system. 

21 ‘‘(2) ACTIONS BY THE ADMINISTRATOR.—The 

22 Administrator of the Federal Aviation Administra23 tion may take such action as may be necessary to ad24 dress the adverse impacts or interference of operations 

25 that violate paragraph (1). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
69 

•HR 8610 RH

1 ‘‘(b) RULE OF CONSTRUCTION.—The term ‘person’ as 

2 used in this section does not include— 

3 ‘‘(1) the Federal Government or any bureau, de4 partment, instrumentality, or other agency of the 

5 Federal Government; or 

6 ‘‘(2) an officer, employee, or contractor of the 

7 Federal Government or any bureau, department, in8 strumentality, or other agency of the Federal Govern9 ment if the officer, employee, or contractor is author10 ized by the Federal Government or any bureau, de11 partment, instrumentality, or other agency of the 

12 Federal Government to operate a system or technology 

13 referred to in subsection (a)(1).’’. 

14 (b) PENALTIES RELATING TO THE OPERATION OF UN15 MANNED AIRCRAFT SYSTEM DETECTION AND MITIGATION

16 TECHNOLOGIES.—Section 46301(a) of title 49, United 

17 States Code, is amended by adding at the end the following: 

18 ‘‘(9) PENALTIES RELATING TO THE OPERATION OF

19 UNMANNED AIRCRAFT SYSTEM DETECTION AND MITIGA20 TION TECHNOLOGIES.—Notwithstanding paragraphs (1) 

21 and (5) of subsection (a), the maximum civil penalty for 

22 a violation of section 44815 committed by a person de23 scribed in such section, including an individual or small 

24 business concern, shall be the maximum civil penalty auVerDate Sep 11 2014 23:17 Sep 20, 2024 Jkt 049200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6203 E:\BILLS\H8610.RH H8610

kjohnson on DSK7ZCZBW3PROD with $$_JOB
70 

•HR 8610 RH

1 thorized under subsection (a)(1) of this section for persons 

2 other than an individual or small business concern.’’. 

3 (c) CLERICAL AMENDMENT.—The analysis for chapter 

4 448 of title 49, United States Code, is amended by adding 

5 at the end the following: 

‘‘44815. Unmanned aircraft system detection and mitigation enforcement’’. 

6 SEC. 9. REPORTING ON COUNTER-UAS ACTIVITIES. 

7 (a) REQUIREMENT.—Not later than 180 days after the 

8 date of enactment of this Act, and annually thereafter, the 

9 Secretary of Homeland Security shall issue, in coordination 

10 with the Administrator of the Federal Aviation Administra11 tion and the Attorney General, a public report summa12 rizing the results of all counter-UAS detection and mitiga13 tion activities conducted pursuant to this Act during the 

14 previous year. 

15 (b) CONTENTS.—The report under subsection (a) shall 

16 include— 

17 (1) information on any violation of, or failure to 

18 comply with, this Act or the amendments made by 

19 this Act by personnel authorized to conduct detection 

20 and mitigation activities, including a description of 

21 any such violation or failure; 

22 (2) data on the number of detection activities 

23 conducted, the number of mitigation activities con24 ducted, and the number of instances of communica25 tions interception from an unmanned aircraft system; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
71 

•HR 8610 RH

1 (3) whether any unmanned aircraft that experi2 enced mitigation was engaged in First Amendment3 protected activities, and whether any unmanned air4 craft or unmanned aircraft systems were properly or 

5 improperly seized, disabled, damaged, or destroyed as 

6 well as methods used to seize, disable, damage, or de7 stroy such aircraft or systems; and 

8 (4) a description of the efforts of the Federal 

9 Government to protect privacy and civil liberties 

10 when carrying out counter-UAS detection and miti11 gation activities. 

12 (c) FORM.—The Secretary shall submit each report 

13 under subsection (a) in unclassified form and post such re14 port on a publicly available website. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
Union Calendar No. 592 

118TH CONGRESS 

2D SESSION H. R. 8610 

[Report No. 118–698, Part I] 

A BILL 

To reauthorize and reform counter-unmanned airlated to such authorities, and for other purposes. parency, security, safety, and accountability re- craft system authorities, to improve transSEPTEMBER 20, 2024 

Reported from the Committee on Transportation and 

Infrastructure with an amendment 

SEPTEMBER 20, 2024 

Committees on the Judiciary and Homeland Security disprinted House on the State of the Union and ordered to be charged; committed to the Committee of the Whole 


kjohnson on DSK7ZCZBW3PROD with $$_JOB