I 

118TH CONGRESS 

2D SESSION H. R. 8610 

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 

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. 

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’’. 


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

2 this 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 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. 

3 SEC. 2. DEFINITIONS. 

4 (a) APPLICATION OF TERMS.—Unless otherwise spec5 ified, the terms in section 44801 of title 49, United States 

6 Code, shall apply to this Act. 

7 (b) IN GENERAL.—In this Act: 

8 (1) APPROPRIATE COMMITTEES OF CON9 GRESS.—The term ‘‘appropriate committees of Con10 gress’’ means— 

11 (A) the Committee on Homeland Security, 

12 the Committee on the Judiciary, and the Com13 mittee on Transportation and Infrastructure of 

14 the House of Representatives; and 

15 (B) the Committee on the Judiciary, the 

16 Committee on Homeland Security and Govern17 mental Affairs, and the Committee on Com18 merce, Science, and Transportation of the Sen19 ate. 


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1 (2) COVERED AIRPORT.—The term ‘‘covered 

2 airport’’ means— 

3 (A) a large hub airport (as defined in sec4 tion 47102 of title 49, United States Code); 

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

6 section 47102 of title 49, United States Code); 

7 or 

8 (C) an airport with a total annual landed 

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

10 pounds in 2021 or any year thereafter. 

11 (3) COVERED ENTITY.—The term ‘‘covered en12 tity’’ means— 

13 (A) the owner or proprietor of a covered 

14 site; and 

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

16 organizing entity of such gathering. 

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

18 means— 

19 (A) a fixed site facility as described in sec20 tion 2209 of the FAA Extension, Safety, and 

21 Security Act of 2016 (49 U.S.C. 40101 note); 

22 (B) the location of a large public gathering 

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

24 States Code; or 


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

2 restriction is maintained pursuant to section 

3 521 of division F of the Consolidated Appro4 priations Act, 2004 (49 U.S.C. 40103 note). 

5 SEC. 3. PROTECTION OF CERTAIN FACILITIES AND ASSETS 

6 FROM UNMANNED AIRCRAFT SYSTEMS. 

7 Section 210G of the Homeland Security Act of 2002 

8 (6 U.S.C. 124n) is amended— 

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

10 the Secretary or the Attorney General, in consulta11 tion with the Secretary of Transportation)’’ and in12 serting ‘‘(as defined by the Secretary and the Attor13 ney General, in coordination with the Secretary of 

14 Transportation)’’; 

15 (2) in subsection (b)— 

16 (A) in paragraph (1)— 

17 (i) in subparagraph (A) by inserting 

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

19 operation of the unmanned aircraft sys20 tem’’; 

21 (ii) in subparagraph (D) by striking 

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

23 ‘‘Seize, exercise control of, or otherwise 

24 confiscate’’; 


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1 (iii) by striking subparagraph (E); 

2 and 

3 (iv) by redesignating subparagraph 

4 (F) as subparagraph (E); and 

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

6 and inserting the following: 

7 ‘‘(2) COORDINATION.— 

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

9 Attorney General shall coordinate with the Sec10 retary of Transportation in carrying out the ac11 tions described in paragraph (1). 

12 ‘‘(B) DETERMINATION BY ADMINISTRATOR

13 OF FEDERAL AVIATION ADMINISTRATION.—Be14 fore the Secretary and the Attorney General 

15 may take or authorize the taking of an action 

16 under this section, the Administrator of the 

17 Federal Aviation Administration shall deter18 mine if such action would result in an adverse 

19 impact on aviation safety, civil aviation and 

20 aerospace operations, aircraft airworthiness, or 

21 the use of the national airspace system. If the 

22 Administration determines such action would 

23 not result in such an adverse impact, the Sec24 retary and the Attorney General may take or 

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1 ministrator determines such action would result 

2 in such an adverse impact, the Secretary and 

3 the Attorney General shall coordinate with the 

4 Administrator to take any necessary action to 

5 ensure that such an adverse impact can be suf6 ficiently mitigated. 

7 ‘‘(3) RESEARCH, TESTING, TRAINING, AND

8 EVALUATION.— 

9 ‘‘(A) IN GENERAL.—The Secretary, the 

10 Attorney General, and the Secretary of Trans11 portation may conduct research on, testing on, 

12 training on, and evaluation of equipment, in13 cluding electronic equipment, and technology to 

14 determine the capability and utility of such 

15 equipment or technology for any action de16 scribed in paragraph (1), including prior to the 

17 initial use of such equipment or technology. 

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

19 Attorney General, and the Secretary of Trans20 portation shall coordinate activities under this 

21 paragraph and mutually share data and results 

22 from such activities. 

23 ‘‘(4) LIST OF AUTHORIZED EQUIPMENT AND

24 TECHNOLOGIES.— 


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

2 the date of the enactment of the Counter-UAS 

3 Authority Security, Safety, and Reauthorization 

4 Act, the Secretary, in coordination with the At5 torney General and the Administrator of the 

6 Federal Aviation Administration, shall maintain 

7 a list of approved makes and models of counter8 UAS detection and mitigation systems, equip9 ment, and technology. Such list shall include 

10 the following: 

11 ‘‘(i) A description of the specific de12 tection or mitigation functions of each 

13 such system, equipment, or technology that 

14 enable each such system, equipment, or 

15 technology to carry out an action described 

16 in paragraph (1). 

17 ‘‘(ii) Whether each such system, 

18 equipment, or technology is authorized for 

19 an action described in subparagraph (A), 

20 (B), (C), or (D) of paragraph (1). 

21 ‘‘(iii) Any conditions or restrictions 

22 generally applicable to the use, location, or 

23 positioning of each such system, equip24 ment, or technology, including whether and 

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1 nology may be suitable for use in terminal 

2 airspace. 

3 ‘‘(B) IMPACT DETERMINATION BY ADMIN4 ISTRATOR.—A counter-UAS detection or miti5 gation system, equipment, or technology may 

6 not be included on the list maintained under 

7 subparagraph (A) unless the Administrator of 

8 the Federal Aviation Administration makes a 

9 written determination that— 

10 ‘‘(i)(I) the system, equipment, or tech11 nology meets any applicable minimum per12 formance requirements as described in sec13 tion 44810(e) of title 49, United States 

14 Code; and 

15 ‘‘(II) the use of such system, equip16 ment, or technology does not present an 

17 adverse impact on aviation safety, civil 

18 aviation and aerospace operations, aircraft 

19 airworthiness, or the use of the national 

20 airspace system; or 

21 ‘‘(ii) in the event the Administrator 

22 identifies such an adverse impact from 

23 such system, equipment, or technology, 

24 such an adverse impact can be sufficiently 

25 mitigated and the mitigation activities are 


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1 described in the list maintained under sub2 paragraph (A) or in a manner determined 

3 by the Administrator. 

4 ‘‘(C) SPECTRUM IMPACT CONSULTATION.— 

5 The Secretary, the Attorney General, and the 

6 Administrator of the Federal Aviation Adminis7 tration shall consult with the Federal Commu8 nications Commission or the Administrator of 

9 the National Telecommunications and Informa10 tion Administration, as appropriate, to deter11 mine whether the use of a counter-UAS detec12 tion or mitigation system, equipment, or tech13 nology on the list maintained under subpara14 graph (A)— 

15 ‘‘(i) does not present an adverse im16 pact on civilian telecommunications, com17 munications spectrum, internet technology, 

18 or radio communications networks or sys19 tems; or 

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

21 impact is identified, such impact can be 

22 sufficiently mitigated, or the system, equip23 ment, or technology is excluded from the 

24 list maintained under subparagraph (A) 


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1 until such an adverse impact is sufficiently 

2 mitigated. 

3 ‘‘(D) LIMITATION ON INCLUSION OF

4 COUNTER-UAS SYSTEMS MANUFACTURED BY

5 CERTAIN FOREIGN ENTERPRISES.— 

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

7 not include on the list maintained under 

8 subparagraph (A) a counter-UAS detection 

9 and mitigation systems, equipment, and 

10 technology, manufactured or developed by 

11 a covered manufacturer. 

12 ‘‘(ii) INTERNATIONAL AGREE13 MENTS.—This subsection shall be applied 

14 in a manner consistent with the obligations 

15 of the United States under international 

16 agreements in effect as of the date of en17 actment of the Counter-UAS Authority Se18 curity, Safety, and Reauthorization Act. 

19 ‘‘(iii) AUTHORIZED UTILIZATION.— 

20 Upon the inclusion of a counter-UAS de21 tection or mitigation system, equipment, or 

22 technology on the list maintained under 

23 subparagraph (A), the Secretary and the 

24 Attorney General may utilize such system, 


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1 equipment, or technology for any action 

2 described in paragraph (1). 

3 ‘‘(iv) EXCEPTION.—The Secretary of 

4 Homeland Security is exempt from the lim5 itation under this subsection if the Sec6 retary determines that the operation or 

7 procurement of such system is for the sole 

8 purpose of research, evaluation, training, 

9 testing, or analysis. 

10 ‘‘(v) DEFINITIONS.—In this subpara11 graph: 

12 ‘‘(I) COVERED MANUFAC13 TURER.—The term ‘covered manufac14 turer’ means an entity that is owned 

15 by, controlled by, is a subsidiary of, or 

16 is otherwise related legally or finan17 cially to, a person based in a country 

18 that— 

19 ‘‘(aa) is identified as a non20 market economy country (as de21 fined in section 771 of the Tariff 

22 Act of 1930 (19 U.S.C. 1677)) 

23 as of the date of the enactment 

24 of the Counter-UAS Authority 


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1 Security, Safety, and Reauthor2 ization Act; 

3 ‘‘(bb) was identified by the 

4 United States Trade Representa5 tive in the most recent report re6 quired under section 182 of the 

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

8 2242) as a priority foreign coun9 try under subsection (a)(2) of 

10 such section; and 

11 ‘‘(cc) is subject to moni12 toring by the United States 

13 Trade Representative under sec14 tion 306 of the Trade Act of 

15 1974 (19 U.S.C. 2416). 

16 ‘‘(II) OTHERWISE RELATED LE17 GALLY OR FINANCIALLY.—The term 

18 ‘otherwise related legally or finan19 cially’ does not include a minority 

20 stake relationship or investment. 

21 ‘‘(E) RULE OF CONSTRUCTION.—Nothing 

22 in this paragraph may be construed to prevent 

23 the Secretary, the Attorney General, or the Ad24 ministrator of the Federal Aviation Administra25 tion from exercising any authority to counter 


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1 unmanned aircraft systems in effect prior to the 

2 date of enactment of the Counter-UAS Author3 ity Security, Safety, and Reauthorization Act.’’; 

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

5 and inserting the following: 

6 ‘‘(2) COORDINATION.—The Secretary, the Sec7 retary of Transportation, and the Attorney General 

8 shall coordinate to develop their respective regula9 tions and guidance under paragraph (1) before 

10 issuing any such regulation or guidance.’’; 

11 (4) in subsection (e)— 

12 (A) by striking paragraph (3) and insert13 ing the following: 

14 ‘‘(3) records of such communications are dis15 posed of immediately following an action described 

16 in subsection (b)(1) to mitigate a credible threat re17 ferred to in subsection (a), except that if the Sec18 retary or the Attorney General determines that 

19 maintenance of such records is necessary to inves20 tigate or prosecute a violation of law is required by 

21 Federal law or for the purpose of litigation, such 

22 records may be maintained for not more than 90 

23 days;’’; and 

24 (B) in paragraph (4)— 


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

3 outside the Department of Homeland Se4 curity or the Department of Justice un5 less’’ and inserting ‘‘are not shared outside 

6 of personnel of the department in posses7 sion of such communications, except if’’; 

8 and 

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

10 or any regulatory, statutory, or other en11 forcement action relating to’’; 

12 (5) in subsection (f) by striking ‘‘within the De13 partment of Homeland Security or the Department 

14 of Justice’’; 

15 (6) in subsection (g)— 

16 (A) in paragraph (1) by striking ‘‘the Sec17 retary and the Attorney General shall, respec18 tively,’’ and inserting ‘‘the Secretary, the Attor19 ney General, and the Secretary of Transpor20 tation shall jointly’’; 

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

22 inserting the following: 

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

24 paragraph (1) shall include the following: 


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1 ‘‘(A) The number of instances and a de2 scription of each instance in which actions de3 scribed in subsection (b)(1) have been taken, in4 cluding all such instances that— 

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

6 disrupted the transmission of radio or elec7 tronic signals, including and disaggregated 

8 by whether any such disruption was mini9 mized; 

10 ‘‘(ii) may have resulted in harm, dam11 age, or loss to a person or to private prop12 erty, including and disaggregated by 

13 whether any such harm, damage, or loss 

14 was minimized; 

15 ‘‘(iii) resulted in successful seizure, 

16 exercise of control, or confiscation under 

17 subsection (b)(1)(D); or 

18 ‘‘(iv) required the use of reasonable 

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

20 ‘‘(B) The frequency and nature of in21 stances in which communications were inter22 cepted or acquired during the course of actions 

23 described in subsection (b)(1), including the fol24 lowing: 


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1 ‘‘(i) The approximate number and na2 ture of incriminating communications 

3 intercepted. 

4 ‘‘(ii) The approximate number and 

5 nature of other communications inter6 cepted. 

7 ‘‘(C) The total number of instances in 

8 which records of communications intercepted or 

9 acquired during the course of actions described 

10 in subsection (b)(1) were— 

11 ‘‘(i) shared with the Department of 

12 Justice or another Federal law enforce13 ment agency, including a list of receiving 

14 Federal law enforcement agencies; or 

15 ‘‘(ii) maintained for more than 90 

16 days. 

17 ‘‘(D) The number of instances and a de18 scription of each instance in which the Sec19 retary, Secretary of Transportation, or the At20 torney General have engaged with Federal, 

21 State, or local law enforcement agencies to im22 plement the authority under this section, in23 cluding the number of instances that resulted in 

24 a criminal investigation or litigation. 


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1 ‘‘(E) Information on the on the implemen2 tation of paragraphs (3) and (4)(A) of sub3 section (b), including regarding equipment or 

4 technology, including electronic equipment to 

5 address emerging trends and changes in un6 manned aircraft system or unmanned aircraft 

7 system-related security threats.’’; 

8 (C) in paragraph (5)— 

9 (i) in the first sentence— 

10 (I) by striking ‘‘new technology’’ 

11 and inserting ‘‘counter-UAS detection 

12 and mitigation system, equipment, or 

13 technology approved under subsection 

14 (b)(4)’’; and 

15 (II) by striking ‘‘the Secretary 

16 and the Attorney General shall, re17 spectively,’’ and inserting ‘‘the Sec18 retary, in coordination with the Sec19 retary of Transportation and the At20 torney General, shall’’; and 

21 (ii) in the second sentence, by striking 

22 ‘‘to the national airspace system’’ and in23 serting ‘‘to the safety and operation of the 

24 national airspace system’’; and 


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1 (D) by redesignating paragraphs (4) and 

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

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

4 following: 

5 ‘‘(i) TERMINATION.—The authority under 

6 this section shall terminate on October 1, 

7 2028.’’; 

8 (8) in subsection (k)— 

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

10 Committee on Energy and Commerce,’’; 

11 (B) in paragraph (3)— 

12 (i) in subparagraph (A) by striking 

13 ‘‘the Secretary or the Attorney General, in 

14 coordination with the Secretary of Trans15 portation’’ and inserting ‘‘the Secretary, in 

16 coordination with the Secretary of Trans17 portation and the Attorney General,’’; 

18 (ii) in subparagraph (C)— 

19 (I) in clause (i)— 

20 (aa) in subclause (II), by 

21 striking ‘‘or’’ after the semicolon; 

22 and 

23 (bb) by adding at the end 

24 the following: 


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1 ‘‘(IV) the security or protection 

2 functions for facilities, assets, and op3 erations of Homeland Security Inves4 tigations; or. 

5 ‘‘(V) the security and protection 

6 of public airports (as such term is de7 fined in section 47102 of title 49, 

8 United States Code) under section 7 

9 of the Counter-UAS Authority Secu10 rity, Safety, and Reauthorization 

11 Act;’’; and 

12 (II) in clause (ii)— 

13 (aa) in subclause (I)— 

14 (AA) in item (aa), by 

15 striking ‘‘section 533 of title 

16 28, United States Code’’ 

17 and inserting ‘‘paragraph 

18 (2) or (3) of section 533 of 

19 title 28, United States Code, 

20 and that is limited to a spec21 ified period of time and loca22 tion’’; and 

23 (BB) in item (bb), by 

24 inserting before the semi25 colon the following: ‘‘, and 


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1 that is limited to a specified 

2 period of time and location’’; 

3 and 

4 (bb) in subclause (III), by 

5 striking ‘‘, as specified in’’ and 

6 inserting ‘‘pursuant to’’; 

7 (C) in paragraph (6), by striking ‘‘pur8 poses of subsection (a)’’ and inserting ‘‘pur9 poses of subsection (a) and paragraph (4) of 

10 subsection (e)’’; and 

11 (D) in paragraph (8) in the matter pre12 ceding subparagraph (A)— 

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

14 national airspace system’’ and inserting ‘‘, 

15 efficiency, and operation of the national 

16 airspace system’’; and 

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

18 Attorney General, respectively,’’ and in19 serting ‘‘the Secretary, in coordination 

20 with the Secretary of Transportation and 

21 the Attorney General,’’; and 

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

23 following: 

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

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1 curity, Safety, and Reauthorization Act, and annually 

2 thereafter, the Secretary, in coordination with the Sec3 retary of Transportation and the Attorney General, shall 

4 submit to the appropriate congressional committees a re5 port that contains the following: 

6 ‘‘(1) The information required under subsection 

7 (g)(2). 

8 ‘‘(2) A description of any guidance, policies, 

9 programs, and procedures to mitigate or eliminate 

10 any adverse impact of the activities carried out pur11 suant to this section, or the use of any counter-UAS 

12 detection or mitigation system, equipment, or tech13 nology, on aviation safety, civil aviation and aero14 space operations, aircraft airworthiness, or the use 

15 of the national airspace system. 

16 ‘‘(3) A description of the guidance, policies, 

17 programs, and procedures established to address pri18 vacy, civil rights, and civil liberties issues implicated 

19 by the activities carried out pursuant to this sec20 tion.’’; and 

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

22 ‘‘(m) COUNTER-UAS SYSTEM TRAINING.—The At23 torney General, in coordination with the Secretary of 

24 Homeland Security (acting through the Director of the 

25 Federal Law Enforcement Training Centers) may— 


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

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

3 ‘‘(2) establish or designate one or more facili4 ties or training centers for the purpose described in 

5 paragraph (1). 

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

7 SYSTEM OPERATOR QUALIFICATION AND TRAINING CRI8 TERIA.— 

9 ‘‘(1) IN GENERAL.—The Secretary and Attor10 ney General, in coordination with the Administrator 

11 of the Federal Aviation Administration, shall estab12 lish standards for initial and recurring training pro13 grams or certifications for individuals seeking to op14 erate counter-UAS detection and mitigation systems, 

15 equipment, or technology. 

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

17 paragraph (1), the Secretary and the Attorney Gen18 eral shall, at a minimum— 

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

20 systems, equipment, or technology to aviation 

21 safety, civil aviation and aerospace operations, 

22 aircraft airworthiness, or the civilian use of air23 space, and appropriate actions to maintain avia24 tion safety, as determined by the Administrator; 


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1 ‘‘(B) establish interagency coordination re2 quirements prior to deployment of such sys3 tems, equipment, or technology; and 

4 ‘‘(C) establish the frequency at which an 

5 individual authorized to operate counter-UAS 

6 detection and mitigation systems, equipment, or 

7 technology shall complete and renew such train8 ing or certification.’’. 

9 SEC. 4. FAA COUNTER-UAS ACTIVITIES. 

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

11 States Code, is amended to read as follows: 

12 ‘‘§ 44810. Counter-UAS activities 

13 ‘‘(a) AUTHORITY.— 

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

15 Federal Aviation Administration may take such ac16 tions as described paragraph (2) that are necessary 

17 to— 

18 ‘‘(A) detect or mitigate a credible threat 

19 (as defined by the Secretary of Homeland Secu20 rity and Attorney General, in consultation with 

21 the Administrator) that an operation of an un22 manned aircraft or an unmanned aircraft sys23 tem poses to the safe and efficient operation of 

24 the national airspace system; or 


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

2 impacts or interference of a counter-UAS detec3 tion or mitigation system, equipment, or tech4 nology on or with safe airport operations, air5 craft navigation, air traffic services, or the safe 

6 and efficient operation of the national airspace 

7 system. 

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

9 paragraph (1), the Administrator may take the fol10 lowing actions: 

11 ‘‘(A) Detect, identify, monitor, and track 

12 an unmanned aircraft system or unmanned air13 craft, without prior consent from the operator 

14 of such system or aircraft, including by means 

15 of intercept or other access of a wire, oral, or 

16 electronic communication used to control the 

17 unmanned aircraft system or unmanned air18 craft. 

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

20 unmanned aircraft system of a potential 

21 counter-UAS action authorized under this sub22 section. 

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

24 confiscate an unmanned aircraft system or un25 manned aircraft. 


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1 ‘‘(D) Disrupt control of, disable, damage, 

2 or destroy an unmanned aircraft or unmanned 

3 aircraft system, including by means of intercept 

4 or other access of a wire, oral, or electronic 

5 communication used to control the unmanned 

6 aircraft or unmanned aircraft system. 

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

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

9 or sections 32, 1030, and 1367 and chapters 119 

10 and 206 of title 18 shall not apply to activities au11 thorized by the Administrator pursuant to this sec12 tion. 

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

14 the requirements of this section, the Administrator, 

15 in coordination with the Attorney General and Sec16 retary of Homeland Security, shall ensure that— 

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

18 access to, or maintenance or use of, commu19 nications to or from an unmanned aircraft sys20 tem under this section is conducted in a man21 ner consistent with the First and Fourth 

22 Amendments to the Constitution of the United 

23 States and applicable provisions of Federal law; 

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1 quired only to the extent necessary to support 

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

3 ‘‘(C) records of such communications are 

4 disposed of immediately following herein au5 thorized activity to mitigate a credible threat, 

6 unless the Administrator, the Secretary of 

7 Homeland Security, or the Attorney General de8 termine that maintenance of such records— 

9 ‘‘(i) is necessary to investigate or 

10 prosecute a violation of law; 

11 ‘‘(ii) would directly support the De12 partment of Defense, a Federal law en13 forcement agency, or the enforcement ac14 tivities of a regulatory agency of the Fed15 eral Government in connection with a 

16 criminal or civil investigation of, or any 

17 regulatory, statutory, or other enforcement 

18 action relating to an action described in 

19 subsection (a)(2); 

20 ‘‘(iii) is between the Secretary of 

21 Homeland Security and the Attorney Gen22 eral in the course of a security or protec23 tion operation of either agency or a joint 

24 operation of such agencies; or 

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


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

2 of Homeland Security and the Attorney General 

3 are authorized to share threat information, 

4 which shall not include communications de5 scribed in this subsection, with State, local, ter6 ritorial, or tribal law enforcement agencies in 

7 the course of a security or protection operation. 

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

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

10 the Federal Aviation Administration an Office of 

11 Counter-UAS Activities for purposes of managing 

12 and directing the counter-UAS activities of the Ad13 ministration. 

14 ‘‘(2) DIRECTOR.—The Administrator shall des15 ignate a Director of Counter-UAS Activities, who 

16 shall be the head of the Office. 

17 ‘‘(3) DUTIES.—In carrying out the activities de18 scribed in paragraph (1), the Director shall— 

19 ‘‘(A) coordinate with other offices of the 

20 Administration to ensure that such activities do 

21 not adversely impact aviation safety or the effi22 ciency of the national airspace system; 

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1 ning within the Federal Aviation Administra2 tion; and 

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

4 point of contact for coordinating counter-UAS 

5 activities, including such activities of— 

6 ‘‘(i) Federal and State agencies; 

7 ‘‘(ii) covered airports; and 

8 ‘‘(iii) other relevant stakeholders; and 

9 ‘‘(D) carry out other such counter-UAS ac10 tivities as the Administrator may prescribe. 

11 ‘‘(d) INTERAGENCY COORDINATION.— 

12 ‘‘(1) IN GENERAL.—The Administrator shall co13 ordinate with the Secretary of Homeland Security 

14 and the Attorney General to carry out this section, 

15 subject to any restrictions of the Secretary or Attor16 ney General’s authority to acquire, deploy, and oper17 ate counter-UAS systems, equipment, or technology. 

18 ‘‘(2) NON-DELEGATION.—Nothing under this 

19 section shall permit the Administrator to delegate 

20 any authority granted to the Administrator to any 

21 other Federal agency. 

22 ‘‘(e) COUNTER-UAS DETECTION AND MITIGATION

23 SYSTEM PERFORMANCE REQUIREMENTS.— 

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1 eral, shall establish minimum performance require2 ments for the safe and reliable deployment or use of 

3 counter-UAS detection and mitigation systems, 

4 equipment, and technology within the national air5 space system. 

6 ‘‘(2) CONSIDERATIONS.— 

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

8 minimum performance requirements under 

9 paragraph (1), the Administrator shall— 

10 ‘‘(i) leverage data collected in testing 

11 and evaluation activities conducted under 

12 this section and any other relevant testing 

13 and evaluation data determined appro14 priate by the Administrator; 

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

16 counter-UAS detection or mitigation sys17 tem, equipment, or technology can safely 

18 operate without disrupting or interfering 

19 with the operation of aircraft or other na20 tional airspace system users; and 

21 ‘‘(iii) establish specific requirements 

22 for the deployment and use of such sys23 tems, equipment, or technology in terminal 

24 airspace. 


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

2 performance requirements under subsection (a), 

3 the Administrator shall consider criteria, as de4 termined by the Secretary of Homeland Secu5 rity, to determine the degree to which counter6 UAS detection and mitigation systems, equip7 ment, or technology reliable and effective in de8 tecting or mitigating unauthorized unmanned 

9 aircraft system operations independent of data 

10 or information provided by the system manufac11 turer of such unmanned aircraft system. 

12 ‘‘(C) OTHER INTERFERENCE.—In estab13 lishing minimum performance requirements 

14 under subsection (a), the Administrator shall 

15 consider criteria, as determined by the Federal 

16 Communications Commission, to determine the 

17 extent to which counter-UAS detection and 

18 mitigation systems, equipment, or technology 

19 can be safely operated without disrupting or 

20 interfering with the operation of civilian com21 munications and information technology net22 works and systems, including such networks 

23 and systems that rely on radio frequency or cel24 lular network communications links. 


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1 ‘‘(3) DEMONSTRATION.—The Administrator 

2 shall develop a standardized process by which a 

3 manufacturer or end-user of a counter-UAS detec4 tion or mitigation system, equipment, or technology 

5 may demonstrate that such system, equipment, or 

6 technology meets the requirements established pur7 suant to paragraph (1), which may include valida8 tion by an independent third party. 

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

10 AND VALIDATION.— 

11 ‘‘(1) EVALUATION AND VALIDATION.—The Ad12 ministrator may conduct such testing, evaluation, 

13 and validation of counter-UAS detection and mitiga14 tion systems, equipment, and technology as nec15 essary to ensure— 

16 ‘‘(A) such systems, equipment, and tech17 nology will not have an adverse impact on the 

18 safe and efficient operation of the national air19 space system or transportation safety; and 

20 ‘‘(B) such systems, equipment, and tech21 nology meet minimum performance require22 ments under subsection (e). 

23 ‘‘(2) TESTING AND TRAINING.—Prior to the 

24 commencement of any training or testing of counter25 UAS systems, equipment, and technology used for 


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1 detection or mitigation purposes, an agreement shall 

2 be established between the testing or training entity 

3 and the Administrator to ensure aviation safety. 

4 ‘‘(3) AIRSPACE HAZARD MITIGATION PRO5 GRAM.— 

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

7 and evaluate counter-UAS systems, equipment, 

8 or technology that detect or mitigate potential 

9 aviation safety risks posed by unmanned air10 craft, the Administrator shall deploy such sys11 tems or technology at 5 airports, as appro12 priate, and any other location the Administrator 

13 determines appropriate. 

14 ‘‘(B) TESTING AND EVALUATION.—Not15 withstanding section 46502 or sections 32, 

16 1030, 1367 and chapters 119 and 206 of title 

17 18, the Administrator of the Federal Aviation 

18 Administration may conduct testing and evalua19 tion of any counter-UAS detection or mitigation 

20 system, equipment, or technology to assess po21 tential impacts on, or interference with, safe 

22 airport operations, aircraft and air traffic navi23 gation, air traffic services, or the safe and effi24 cient operation of the national airspace system. 


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

2 paragraph, the Administrator shall coordinate 

3 with the Secretary of Homeland Security and 

4 the head of any other Federal agency that the 

5 Administrator considers appropriate. 

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

7 SYSTEMS MANUFACTURED BY CERTAIN FOREIGN ENTER8 PRISES.— 

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

10 provision of this section, the Administrator may not 

11 acquire, deploy, or operate, or authorize the acquisi12 tion, deployment, or operation of, a counter-UAS 

13 system or any associated elements, including soft14 ware, manufactured or developed by a covered man15 ufacturer. 

16 ‘‘(2) INTERNATIONAL AGREEMENTS.—This sub17 section shall be applied in a manner consistent with 

18 the obligations of the United States under inter19 national agreements in place on the date of enact20 ment of the Counter-UAS Authority Security, Safe21 ty, and Reauthorization Act. 

22 ‘‘(3) EXCEPTION.—The Secretary of Transpor23 tation is exempt from the limitation under this sub24 section if the Secretary determines that the oper25 ation or procurement of such system supports the 


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1 safe, secure, or efficient operation of the national 

2 airspace system or maintenance of public safety, in3 cluding activities carried out under the Federal 

4 Aviation Administration’s Alliance for System Safety 

5 of UAS through Research Excellence Center of Ex6 cellence, FAA-authorized unmanned aircraft systems 

7 test ranges, and any other testing and evaluation ac8 tivity deemed to support the safe, secure, or efficient 

9 operation of the national airspace system or mainte10 nance of public safety, as determined by the Sec11 retary. 

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

13 ‘‘(A) COVERED MANUFACTURER.—The 

14 term ‘covered manufacturer’ means an entity 

15 that is owned by, controlled by, is a subsidiary 

16 of, or is otherwise related legally or financially 

17 to, a person based in a country that— 

18 ‘‘(i) is identified as a nonmarket econ19 omy country (as defined in section 771 of 

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

21 as of the date of enactment of the 

22 Counter-UAS Authority Security, Safety, 

23 and Reauthorization Act; 

24 ‘‘(ii) was identified by the United 

25 States Trade Representative in the most 


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1 recent report required by section 182 of 

2 the Trade Act of 1974 (19 U.S.C. 2242) 

3 as a priority foreign country under sub4 section (a)(2) of that section; and 

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

6 Trade Representative under section 306 of 

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

8 ‘‘(B) OTHERWISE RELATED LEGALLY OR

9 FINANCIALLY.—The term ‘otherwise related le10 gally or financially’ does not include a minority 

11 stake relationship or investment. 

12 ‘‘(h) BRIEFINGS.— 

13 ‘‘(1) SEMIANNUAL BRIEFINGS AND NOTIFICA14 TIONS.— 

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

16 shall provide the specified committees of Con17 gress a briefing not less than once every 6 

18 months on the activities carried out pursuant to 

19 this section. 

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

21 this paragraph shall include— 

22 ‘‘(i) the number of instances and a de23 scription of each instance in which actions 

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

25 taken, including all such instances that— 


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1 ‘‘(I) equipment, systems, or tech2 nology disrupted the transmission of 

3 radio or electronic signals, including 

4 and disaggregated by whether any 

5 such disruption was minimized; 

6 ‘‘(II) may have resulted in harm, 

7 damage, or loss to a person or to pri8 vate property, including and 

9 disaggregated by whether any such 

10 harm, damage, or loss was minimized; 

11 ‘‘(III) resulted in the successful 

12 seizure, exercise of control, or confis13 cation under subsection (a)(2); or 

14 ‘‘(IV) required the use of reason15 able force under subsection (a)(2); 

16 ‘‘(ii) the frequency and nature of in17 stances in which communications were 

18 intercepted or acquired during the course 

19 of actions described in subsection (a)(2), 

20 including— 

21 ‘‘(I) the approximate number and 

22 nature of incriminating communica23 tions intercepted; 


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1 ‘‘(II) the approximate number 

2 and nature of other communications 

3 intercepted; and 

4 ‘‘(III) the total number of in5 stances in which records of commu6 nications intercepted or acquired dur7 ing the course of actions described in 

8 subsection (a)(2) were— 

9 ‘‘(aa) shared with the De10 partment of Justice or another 

11 Federal law enforcement agency, 

12 including a list of receiving Fed13 eral law enforcement agencies; or 

14 ‘‘(bb) maintained for more 

15 than 90 days; 

16 ‘‘(iv) the number of instances and a 

17 description of each instance in which Ad18 ministrator of the Federal Aviation Admin19 istration has engaged with Federal, State, 

20 or local law enforcement agencies to imple21 ment the authority under this section, in22 cluding the number of instances that re23 sulted in a criminal investigation or litiga24 tion; and 


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1 ‘‘(v) information on the actions car2 ried out under subparagraphs (C) and (D) 

3 of subsection (a)(2), including equipment 

4 or technology to address emerging trends 

5 and changes in unmanned aircraft system 

6 or unmanned aircraft system-related secu7 rity threats. 

8 ‘‘(C) CLASSIFICATION.— 

9 ‘‘(i) IN GENERAL.—Each briefing re10 quired under this subsection shall be in an 

11 unclassified form, but shall be accom12 panied by an additional classified briefing 

13 at the request of the Chair or Ranking 

14 Member of any specified committee of Con15 gress. 

16 ‘‘(ii) CONTENT OF BRIEFINGS.—Such 

17 briefings shall include, at a minimum— 

18 ‘‘(I) a description of instances in 

19 which an active mitigation action 

20 under this section has been taken, in21 cluding all such instances that may 

22 have resulted in harm, damage, or 

23 loss to an individual or to private 

24 property; and 


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1 ‘‘(II) a description of each cov2 ered site, including the capabilities of 

3 counter-UAS systems used at such 

4 sites. 

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

6 the date of enactment of the Counter-UAS Authority 

7 Security, Safety, and Reauthorization Act, the Ad8 ministrator shall— 

9 ‘‘(A) notify the specified committees of 

10 Congress of any newly authorized acquisition, 

11 deployment, or operation of a counter-UAS sys12 tem, equipment or technology under this section 

13 not later than 90 days after such newly author14 ized acquisition, deployment, or operation; and 

15 ‘‘(B) in providing a notification under sub16 paragraph (A), include a description of options 

17 considered to mitigate any identified impacts to 

18 the national airspace system related to the use 

19 of any counter-UAS system, technology, or 

20 equipment operated at a covered site, including 

21 the minimization of the use of any technology, 

22 equipment or system that disrupts the trans23 mission of radio or electronic signals. 

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


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

2 The term ‘specified committees of Congress’ 

3 means— 

4 ‘‘(A) the Committee on Transportation and 

5 Infrastructure, the Committee on Homeland Se6 curity, and the Committee on the Judiciary of 

7 the House of Representatives; and 

8 ‘‘(B) the Committee on Commerce, 

9 Science, and Transportation, the Committee on 

10 Homeland Security and Governmental Affairs, 

11 and the Committee on the Judiciary of the Sen12 ate. 

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

14 the District of Columbia, and a territory or posses15 sion of the United States. 

16 ‘‘(j) SUNSET.—This section ceases to be effective on 

17 October 1, 2028.’’. 

18 (b) CLERICAL AMENDMENT.—The analysis for chap19 ter 448 of title 49, United States Code, is amended by 

20 striking the item relating to section 44810 and inserting 

21 the following: 

‘‘44810. Counter-UAS activities.’’. 


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1 SEC. 5. ADDITIONAL LIMITED AUTHORITY FOR DETECTION, 

2 IDENTIFICATION, MONITORING, AND TRACK3 ING. 

4 (a) IN GENERAL.—The Secretary of Homeland Secu5 rity, in coordination with the Administrator of the Federal 

6 Aviation Administration and the Attorney General, may 

7 authorize the acquisition, deployment, and operation of 

8 approved counter-UAS detection systems, equipment or 

9 technology intended to be used for the detection of un10 manned aircraft systems by a covered entity. 

11 (b) REQUIRED APPLICATION.— 

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

13 the Secretary of Homeland Security, in coordination 

14 with the Administrator and the Attorney General, 

15 shall establish an application process to authorize 

16 the acquisition, deployment, and operation of an ap17 proved counter-UAS detection system, equipment, or 

18 technology by a Federal, State, local, territorial, or 

19 Tribal law enforcement agency, in partnership with 

20 a covered entity, at a covered site. 

21 (2) APPLICATION REQUIREMENTS.—The appli22 cation described in paragraph (1) shall contain— 

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

24 posed by an unmanned aircraft or unmanned 

25 aircraft system to a covered site) to detect an 

26 unmanned aircraft system with an approved 


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1 counter-UAS detection system, equipment, or 

2 technology; 

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

4 and operation of such counter-UAS detection 

5 system, equipment, or technology, that shall— 

6 (i) be subject to the approval of the 

7 Secretary of Homeland Security, the Ad8 ministrator of the Federal Aviation Admin9 istration, and the Attorney General; and 

10 (ii) include— 

11 (I) a description of the covered 

12 site or sites at which the counter-UAS 

13 detection system, equipment, or tech14 nology will be deployed and operated; 

15 (II) a description of the time pe16 riods and dates during which the 

17 counter-UAS detection system, equip18 ment, or technology will be operated; 

19 (C) a written agreement between the cov20 ered entity and a Federal, State, local, or Trib21 al law enforcement agency to operate such ap22 proved counter-UAS detection system, equip23 ment, or technology at a covered site on behalf 

24 of such covered entity; 


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1 (D) proof of completion of initial and re2 current training or certification requirements 

3 under section 210G(n) of the Homeland Secu4 rity Act of 2002 (6 U.S.C. 124n(n)); 

5 (E) any other requirements the Secretary 

6 determines appropriate. 

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

8 required under subsection (b) by the Secretary of Home9 land Security, the Secretary shall enter into an agreement 

10 with the applicable covered entity to authorize the acquisi11 tion, deployment, and operation of an approved counter12 UAS detection system, equipment, or technology, that 

13 shall specify, at a minimum— 

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

15 equipment, or technology to be operated; 

16 (2) the covered site or sites at which the sys17 tem, equipment, or technology may be operated; 

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

19 during which the counter-UAS detection system, 

20 equipment, or technology may be operated; and 

21 (4) any terms and conditions on the deployment 

22 and operation of an approved counter-UAS detection 

23 system, equipment, or technology the Secretary de24 termines necessary to ensure public safety. 


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1 (d) REVOCATION.—The Secretary shall revoke the 

2 authorization or approval for the deployment and oper3 ation of an approved counter-UAS detection system, 

4 equipment, or technology pursuant to this section if the 

5 Secretary determines that the covered entity has not— 

6 (1) maintained an agreement that is acceptable 

7 to the Secretary with a Federal, State, local, or 

8 Tribal law enforcement agency to operate such ap9 proved counter-UAS detection system, equipment, or 

10 technology on 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 

17 2002 (6 U.S.C. 124n(e)). 

18 (e) COORDINATION.—The Secretary shall coordinate 

19 with the Administrator of the Federal Aviation Adminis20 tration and the Attorney General in carrying out the appli21 cation and agreement processes under this section. 

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

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

24 1367 and chapters 119 and 206 of title 18, United States 


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1 Code, shall not apply to activities authorized by the Sec2 retary under this section or section 6. 

3 (g) PREVIOUSLY ACQUIRED COUNTER-UAS SYS4 TEMS.—If the Administrator finds that a covered entity 

5 acquired and operated a counter-UAS detection system, 

6 equipment, or technology prior to the date of enactment 

7 of this Act, the Secretary may authorize the use of such 

8 system, equipment, or technology if— 

9 (1) such system, equipment, or technology 

10 meets the minimum performance requirements 

11 issued pursuant to section 44810(e) of title 49, 

12 United States Code; and 

13 (2) such covered entity submits an application 

14 under subsection (b) and enters into required agree15 ments under subsection (c). 

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

17 date of enactment of this Act, and every 18 months there18 after, the inspectors general of the Department of Trans19 portation, the Department of Homeland Security, and the 

20 Department of Justice shall conduct a joint audit of the 

21 implementation of the requirements of this section and 

22 section 6. 

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

24 after the date on which the inspectors general complete 

25 each audit required under subsection (h), the inspector 


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1 generals shall submit to the appropriate committees of 

2 Congress a report on the findings of such audit and any 

3 recommendations related to the administration of this sec4 tion. 

5 (j) TERMINATION OF AUTHORITY.—The authorities 

6 under this section shall terminate on October 1, 2028. 

7 (k) SAVINGS CLAUSE.— 

8 (1) RULE OF CONSTRUCTION.—Nothing in this 

9 section or section 6 shall be construed to limit or re10 strict the Administrator of the Federal Aviation Ad11 ministration from ensuring the safety and efficiency 

12 of the national airspace system. 

13 (2) SUSPENSION OF AUTHORITY.— 

14 (A) IN GENERAL.—The Administrator of 

15 the Federal Aviation Administration, in con16 sultation with the Attorney General, may sus17 pend the authority provided under this section 

18 or section 6 if the Administrator— 

19 (i) determines that the exercise of 

20 such authority threatens the safety or effi21 ciency of the national airspace system; and 

22 (ii) conveys in writing the determina23 tion to the Secretary of Homeland Secu24 rity. 


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1 (B) REPORTING.—The Administrator shall 

2 notify the appropriate committees of Congress 

3 within 48 hours of suspending the authority 

4 provided under this section under subparagraph 

5 (A). 

6 (l) APPROVED COUNTER-UAS DETECTION SYSTEM

7 DEFINED.—In this section, the term ‘‘approved counter8 UAS detection system’’ means a counter-UAS detection 

9 system approved under section 210G(b)(4) of the Home10 land Security Act of 2002 (6 U.S.C. 124n(b)(4)) and that 

11 meets the minimum performance requirements established 

12 pursuant to section 44810(e) of title 49, United States 

13 Code. 

14 SEC. 6. COUNTER-UAS MITIGATION STATE LAW ENFORCE15 MENT PILOT PROGRAM. 

16 (a) IN GENERAL.—Subject to the availability of ap17 propriations for such purpose, not later than 180 days 

18 after the first determination that a counter-UAS system 

19 with mitigation capabilities meets the requirements of sec20 tion 44810(e) of title 49, United States Code, the Sec21 retary of Homeland Security, in coordination with the At22 torney General and the Administrator of the Federal Avia23 tion Administration, shall establish a pilot program at not 

24 more than 5 covered sites to assess the efficacy of ap25 proved counter-UAS mitigation systems at such covered 


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1 sites and determine the appropriate policies, procedures, 

2 and protocols necessary to allow State law enforcement 

3 agencies (in coordination with the Secretary, Attorney 

4 General, and Administrator) to acquire, deploy, and oper5 ate approved counter-UAS mitigation systems and miti6 gate unauthorized UAS operations on behalf of covered 

7 entities. 

8 (b) REQUIRED APPLICATION.— 

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

10 the Secretary of Homeland Security, in coordination 

11 with the Attorney General and the Administrator, 

12 shall establish an application process to authorize 

13 the acquisition, deployment, and operation of an ap14 proved counter-UAS mitigation system, equipment, 

15 or technology by a State law enforcement agency, in 

16 partnership with a covered entity, at a covered site. 

17 (2) APPLICATION REQUIREMENTS.—The appli18 cation described in paragraph (1) shall contain— 

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

20 posed by an unmanned aircraft or unmanned 

21 aircraft system to a covered site) to mitigate an 

22 unmanned aircraft system with an approved 

23 counter-UAS mitigation system, equipment, or 

24 technology; 


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

2 and operation of such counter-UAS mitigation 

3 system, equipment, or technology, that shall— 

4 (i) be subject to the approval of the 

5 Secretary of Homeland Security, the Attor6 ney General, and the Administrator of the 

7 Federal Aviation Administration; and 

8 (ii) include— 

9 (I) a description of the covered 

10 site or sites at which the counter-UAS 

11 mitigation system, equipment, or tech12 nology will be deployed and operated; 

13 (II) a description of the time pe14 riods and dates during which the 

15 counter-UAS mitigation system, 

16 equipment, or technology will be oper17 ated; 

18 (C) a written agreement between the cov19 ered entity and a State law enforcement agency 

20 to operate such approved counter-UAS mitiga21 tion system, equipment, or technology at a cov22 ered site on behalf of such covered entity; 

23 (D) proof of completion of initial and re24 current training or certification requirements 


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1 under section 210G(n) of the Homeland Secu2 rity Act of 2002 (6 U.S.C. 124n(n)); 

3 (E) any other requirements the Secretary 

4 determines appropriate. 

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

6 required under subsection (b) by the Secretary of Home7 land Security, the Secretary shall enter into an agreement 

8 with the applicable covered entity and State law enforce9 ment agency to authorize the acquisition, deployment, op10 eration of an approved counter-UAS mitigation system, 

11 equipment, or technology, that shall specify, at a min12 imum— 

13 (1) the approved counter-UAS mitigation sys14 tem, equipment, or technology to be operated; 

15 (2) the covered site or sites at which the sys16 tem, equipment, or technology may be operated; 

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

18 during which the counter-UAS mitigation system, 

19 equipment, or technology may be operated; 

20 (4) any terms and conditions on the deployment 

21 and operation of an approved counter-UAS mitiga22 tion system, equipment, or technology the Secretary 

23 determines necessary to ensure public safety; 

24 (5) the frequency with which the appropriate 

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1 odic site visits to ensure compliance with the ap2 proved terms and conditions of deployment and op3 erations of the approved counter-UAS mitigation 

4 system, equipment, or technology; 

5 (6) the required Federal coordination prior to 

6 the mitigation of an unmanned aircraft system by a 

7 State law enforcement agency described in sub8 section (d)(1); and 

9 (7) the post-event reporting requirements speci10 fied in subsection (d)(3). 

11 (d) REQUIRED COORDINATION AND NOTIFICA12 TION.— 

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

14 days after the initial deployment of an authorized 

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

16 Secretary of Homeland Security shall expressly ap17 prove, on a case-by-case basis, the mitigation of un18 manned aircraft system by a State law enforcement 

19 agency under this section. 

20 (2) VERIFICATION AND NOTIFICATION.—In car21 rying out paragraph (1), the Secretary of Homeland 

22 Security shall— 

23 (A) verify that there is a justifiable threat 

24 that warrants the use of such counter-UAS sys25 tem, equipment, or technology; 


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1 (B) verify that the use of such counter2 UAS system, equipment, or technology will— 

3 (i) be conducted in a manner con4 sistent with the agreement between the 

5 Secretary and the State law enforcement 

6 agency; and 

7 (ii) abide by all safety protocols, 

8 terms, and conditions established for the 

9 use of such system, equipment, or tech10 nology at the covered site; and 

11 (C) immediately notify the Administrator 

12 of the Federal Aviation Administration of the 

13 approval provided under this paragraph. 

14 (3) REPORT.— 

15 (A) IN GENERAL.—Not later than 24 

16 hours after each mitigation of a UAS conducted 

17 under the authorities in this section, the rel18 evant State law enforcement agency shall sub19 mit to the Secretary of Homeland Security, the 

20 Administrator of the Federal Aviation Adminis21 tration, and the Attorney General a post-event 

22 report. 

23 (B) CONTENTS.—The report under sub24 paragraph (A) shall include all relevant infor25 mation pertaining to the event, including the 


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1 drone operation, and subsequent mitigation and 

2 enforcement actions, and subsequent enforce3 ment actions, as specified by the Secretary. 

4 (e) REVOCATION.—The Secretary shall revoke the 

5 authorization or approval for the deployment and oper6 ation of an approved counter-UAS mitigation system, 

7 equipment, or technology pursuant to this section if the 

8 Secretary determines that the covered entity has not— 

9 (1) maintained an agreement that is acceptable 

10 to the Secretary with a State law enforcement agen11 cy to operate such approved counter-UAS mitigation 

12 system, equipment, or technology on behalf of the 

13 covered entity; 

14 (2) complied with the initial and recurrent 

15 training or certification requirements under section 

16 210G(n) of the Homeland Security Act of 2002 (6 

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

18 (3) complied with the privacy protections under 

19 section 210G(e) of the Homeland Security Act of 

20 2002 (6 U.S.C. 124n(e)). 

21 (f) COORDINATION.—The Secretary shall coordinate 

22 with the Administrator of the Federal Aviation Adminis23 tration and the Attorney General in carrying out the appli24 cation, agreement, and revocation processes under this 

25 section. 


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1 (g) SELECTION CRITERIA.— 

2 (1) AIRSPACE CONSIDERATIONS.— 

3 (A) IN GENERAL.—The Administrator of 

4 the Federal Aviation Administration, in coordi5 nation with the Secretary of Homeland Security 

6 and the Attorney General, shall make a site7 specific determination for each covered site se8 lected under the pilot program established 

9 under this section to ensure that any potential 

10 use of counter-UAS mitigation systems, equip11 ment, or technology at the covered site will not 

12 adversely impact the safe operation of the na13 tional airspace system. 

14 (B) INELIGIBILITY FOR PARTICIPATION.— 

15 If an adverse impact is identified under sub16 paragraph (A) and cannot be safely mitigated 

17 to the satisfaction of the Administrator, the 

18 covered site is not eligible for participation in 

19 the pilot program established under this sec20 tion. 

21 (2) REVIEW AND EXPANSION.—Not later than 

22 3 years after approved counter-UAS mitigation sys23 tems, equipment, or technology are deployed at the 

24 5 covered sites selected under subsection (a), the 

25 Secretary, in coordination with the Administrator 


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1 and the Attorney General, shall review the prelimi2 nary results of such pilot program and, if appro3 priate, take such actions as may be necessary to re4 vise or expand counter-UAS system mitigation au5 thorities, subject to the availability of trained per6 sonnel, to not more than 20 covered sites under the 

7 pilot program. 

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

9 after the establishment of the pilot program under this 

10 section, and every 6 months thereafter, the Secretary shall 

11 brief the appropriate committees of Congress on the 

12 progress and findings of the pilot program established 

13 under this section, including a description of all mitigation 

14 events reported under subsection (d). 

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

16 terminate on October 1, 2028. 

17 (j) APPROVED COUNTER-UAS DETECTION SYSTEM

18 DEFINED.—In this section, the term ‘‘approved counter19 UAS detection system’’ means a counter-UAS detection 

20 system approved under section 210G(b)(4) of the Home21 land Security Act of 2002 (6 U.S.C. 124n(b)(4)) and that 

22 meets the minimum performance requirements established 

23 pursuant to section 44810(e) of title 49, United States 

24 Code. 


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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 

8 the Attorney General, shall develop a plan for oper9 ations at covered airports of counter-UAS detection 

10 and mitigation systems, equipment, or technology 

11 that meet the performance requirements described in 

12 section 44810(e) of title 49, United States Code, for 

13 purposes of— 

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

16 (B) responding to a persistent disruption 

17 of air traffic operations caused by unmanned 

18 aircraft 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, includ23 ing air traffic control personnel and Fed24 eral Air Marshal resources; 

25 (ii) relevant airport personnel; and 


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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 deploy6 ment of such systems, equipment, or tech7 nology; 

8 (C) minimum performance requirements 

9 for such systems, equipment, or technology; 

10 (D) funding responsibilities and mecha11 nisms for the acquisition, deployment, and oper12 ation of such systems, equipment or technology; 

13 (E) the operational approval process by 

14 which such systems, equipment or technology 

15 may be deployed; 

16 (F) reporting requirements associated with 

17 the use of such systems, equipment, or tech18 nology; 

19 (G) initial operator training and recurrent 

20 training requirements; 

21 (H) how the remote identification of un22 manned aircraft systems can be leveraged for 

23 the operation of counter-UAS systems, equip24 ment or technology; and 


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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 

17 for 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, as appropriate. 


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

2 subsection, the Administrator shall review and up3 date such plan not less than annually. 

4 (b) COUNTER-UAS DETECTION SYSTEMS AT AIR5 PORTS.— 

6 (1) IN GENERAL.—Pursuant to the plan re7 quired in subsection (a) and subject to available ap8 propriations, the Administrator, in coordination with 

9 the Secretary of Homeland Security, the Attorney 

10 General, and other relevant Federal agencies, shall 

11 provide for the deployment of approved counter-UAS 

12 detection systems, equipment, or technology within 

13 the terminal airspace of— 

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

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

16 not later than 30 months after the publication 

17 of the performance requirements described in 

18 section 44810(e) of title 49, United States 

19 Code; 

20 (B) a minimum of 3 airports that each 

21 have a total annual landed weight of all-cargo 

22 of more than 7,500,000,000 pounds in 2021 or 

23 any year thereafter, not later than 12 months 

24 after the publication of the guidance described 

25 in subsection (a); and 


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1 (C) each medium hub airport (as defined 

2 in section 47102 of title 49, United States 

3 Code), not later than 4 years after the publica4 tion of the performance requirements described 

5 in section 44810(e) of title 49, United States 

6 Code. 

7 (2) PRE-DEPLOYMENT ACTIVITIES.—The Ad8 ministrator of the Federal Aviation Administration, 

9 in consultation with the Federal Communications 

10 Commission, the National Telecommunications and 

11 Information Administration, and other Federal 

12 agencies as appropriate, shall conduct site-specific 

13 spectrum and suitability assessments for each se14 lected airport under the program, based on the spe15 cific counter-UAS detection systems, equipment, or 

16 technology intended to be deployed. 

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

18 (1) ESTABLISHMENT.—Pursuant to the plan 

19 required in subsection (a), the Secretary of Home20 land Security, jointly with the Administrator of the 

21 Federal Aviation Administration and in coordination 

22 with the Attorney General, shall, subject to the 

23 availability of appropriations, establish a pilot pro24 gram to assess the feasibility of deploying approved 

25 counter-UAS mitigation systems, equipment, and 


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1 technology capable of mitigating unmanned aircraft 

2 and unmanned aircraft systems for purposes of re3 sponding to a persistent disruption of air traffic op4 erations caused by unauthorized unmanned aircraft 

5 system activity. 

6 (2) DEPLOYMENT OF COUNTER-UAS MITIGA7 TION SYSTEMS.—The pilot program shall include de8 ployment of approved counter-UAS mitigation sys9 tems, equipment, or technology at up to 5 covered 

10 airports not later than 2 years after the publication 

11 of the performance requirements described in section 

12 44810(e) of title 49, United States Code. 

13 (3) SELECTION.—The Administrator shall pro14 vide the Secretary of Homeland Security a list of 

15 covered airports eligible for inclusion in the pilot 

16 program, based on the suitability of each such air17 port for counter-UAS system, equipment, or tech18 nology deployment. 

19 (4) PRE-DEPLOYMENT ACTIVITIES.—The Ad20 ministrator shall, in consultation with the Federal 

21 Communications Commission, the National Tele22 communications and Information Administration, 

23 and other Federal agencies as appropriate, conduct 

24 site-specific spectrum and suitability assessments for 

25 each selected airport under the program, based on 


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1 the specific counter-UAS mitigation systems, equip2 ment, or technology to be deployed, prior to the op3 eration of such systems at each selected airport. 

4 (5) LIMITATIONS ON MITIGATION ACTIVITIES.— 

5 (A) AUTHORIZATION OF MITIGATION.—No 

6 activity to mitigate the operation of an un7 manned aircraft or unmanned aircraft system 

8 under the pilot program may be carried out 

9 without authorization from both the Secretary 

10 of Homeland Security and the Administrator. 

11 (B) EMERGENCY, TEMPORARY DEPLOY12 MENT.—The Secretary of Homeland Security or 

13 the Administrator, may, on a case-by-case 

14 basis, authorize an emergency, temporary de15 ployment and operation of systems, equipment, 

16 or technology capable of mitigating unmanned 

17 aircraft and unmanned aircraft systems to a 

18 public airport (as defined under section 47102 

19 of title 49, United States Code) not partici20 pating in the pilot program for purposes of re21 sponding to a persistent disruption of air traffic 

22 operations caused by unauthorized unmanned 

23 aircraft system activity. 

24 (d) SITE SPECIFIC PLANNING.— 


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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 

4 described in subsection (b) and paragraph (1) of 

5 subsection (c), the Secretary and the Administrator 

6 shall coordinate with airport personnel, air traffic 

7 personnel, State law enforcement, and other relevant 

8 stakeholders to develop a site-specific plan for the 

9 use of counter-UAS detection and mitigation sys10 tems, equipment, or technology at such airport. 

11 (2) RESPONSIBILITIES.—A plan required under 

12 paragraph (1) shall include— 

13 (A) roles and responsibilities of— 

14 (i) Federal agency personnel, includ15 ing air traffic control personnel; 

16 (ii) airport law enforcement and secu17 rity personnel; 

18 (iii) State law enforcement personnel; 

19 (iv) other relevant airport personnel, 

20 as determined by the Secretary and the 

21 Administrator; and 

22 (v) any other stakeholder in a ter23 minal airspace the Secretary and Adminis24 trator determine appropriate; 


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1 (B) operational procedures, protocols, poli2 cies, and guidelines pertaining to the deploy3 ment, use, and maintenance of such systems, 

4 equipment, or technology; 

5 (C) the operational approval process by 

6 which such systems, equipment, or technology 

7 may be actively deployed and operated; 

8 (D) reporting requirements associated with 

9 the use of such systems, equipment, or tech10 nology; 

11 (E) initial and recurring counter-UAS op12 erator training requirements; 

13 (F) appropriate consideration of, and up14 dates to, counter-UAS emergency response 

15 plans for an airport; and 

16 (G) any other content as determined nec17 essary by the Secretary and the Administrator. 

18 (e) DEFINITIONS.—In this section: 

19 (1) APPROVED COUNTER-UAS DETECTION SYS20 TEM DEFINED.—The term ‘‘approved counter-UAS 

21 detection system’’ means a system approved under 

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

23 2002 (6 U.S.C. 124n(b)(4)) and that meets the min24 imum performance requirements established pursuVerDate Sep 11 2014 22:47 Sep 16, 2024 Jkt 049200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H8610.IH H8610

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1 ant to section 44810(e) of title 49, United States 

2 Code. 

3 (2) APPROVED COUNTER-UAS MITIGATION SYS4 TEM DEFINED.—The term ‘‘approved counter-UAS 

5 mitigation system’’ means a system approved under 

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

7 2002 (6 U.S.C. 124n(b)(4)) and that meets the min8 imum performance requirements established pursu9 ant to section 44810(e) of title 49, United States 

10 Code. 

11 SEC. 8. UAS DETECTION AND MITIGATION ENFORCEMENT 

12 AUTHORITY. 

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

14 States Code, is amended by adding at the end the fol15 lowing: 

16 ‘‘§ 44815. Unmanned aircraft system detection and 

17 mitigation enforcement 

18 ‘‘(a) PROHIBITION.— 

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

20 or recklessly operate a system, equipment, or tech21 nology to detect, identify, monitor, track, or mitigate 

22 an unmanned aircraft system or unmanned aircraft 

23 in a manner that adversely impacts or interferes 

24 with safe airport operations, navigation, or air trafVerDate Sep 11 2014 22:47 Sep 16, 2024 Jkt 049200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H8610.IH H8610

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1 fic services, or the safe and efficient operation of the 

2 national airspace system. 

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

4 Administrator of the Federal Aviation Administra5 tion may take such action as may be necessary to 

6 address the adverse impacts or interference of oper7 ations that violate paragraph (1). 

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

9 as used in this section does not include— 

10 ‘‘(1) the Federal Government or any bureau, 

11 department, instrumentality, or other agency of the 

12 Federal Government; or 

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

14 Federal Government or any bureau, department, in15 strumentality, or other agency of the Federal Gov16 ernment if the officer, employee, or contractor is au17 thorized by the Federal Government or any bureau, 

18 department, instrumentality, or other agency of the 

19 Federal Government to operate a system or tech20 nology referred to in subsection (a)(1).’’. 

21 (b) PENALTIES RELATING TO THE OPERATION OF

22 UNMANNED AIRCRAFT SYSTEM DETECTION AND MITIGA23 TION TECHNOLOGIES.—Section 46301(a) of title 49, 

24 United States Code, is amended by adding at the end the 

25 following: 


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1 ‘‘(8) PENALTIES RELATING TO THE OPERATION

2 OF UNMANNED AIRCRAFT SYSTEM DETECTION AND

3 MITIGATION TECHNOLOGIES.—Notwithstanding 

4 paragraphs (1) and (5) of subsection (a), the max5 imum civil penalty for a violation of section 44815 

6 committed by a person described in such section, in7 cluding an individual or small business concern, shall 

8 be the maximum civil penalty authorized under sub9 section (a)(1) of this section for persons other than 

10 an individual or small business concern.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis for chap12 ter 448 of title 49, United States Code, is amended by 

13 adding at the end the following: 

‘‘44815. Drone system detection and mitigation enforcement.’’. 

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

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

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

17 the Secretary of Homeland Security shall issue, in coordi18 nation with the Administrator of the Federal Aviation Ad19 ministration and the Attorney General, a public report 

20 summarizing the results of all counter-UAS detection and 

21 mitigation activities conducted pursuant to this Act during 

22 the previous year. 

23 (b) CONTENTS.—The report under subsection (a) 

24 shall include— 


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1 (1) information on any a violation of, or failure 

2 to comply with, this Act or the amendments made 

3 by this Act by personnel authorized to conduct de4 tection and mitigation activities, including a descrip5 tion of any such violation or failure; 

6 (2) data on the number of detection activities 

7 conducted, the number of mitigation activities con8 ducted, and the number of instances of communica9 tions interception from an unmanned aircraft sys10 tem; 

11 (3) whether any unmanned aircraft that experi12 enced mitigation was engaged in First Amendment13 protected activities, and whether any unmanned air14 craft or unmanned aircraft systems were properly or 

15 improperly seized, disabled, damaged, or destroyed 

16 as well as methods used to seize, disable, damage, or 

17 destroy such aircraft or systems; and 

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

19 Government to protect privacy and civil liberties 

20 when carrying out counter-UAS detection and miti21 gation activities. 

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

23 under subsection (a) in unclassified form and post such 

24 report on a publicly available website. 

Æ 


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