I 

115TH CONGRESS 

1ST SESSION H. R. 1968 

To amend title 10, United States Code, to improve the authority of the 

Secretary of Defense to protect certain military facilities, assets, and 

information from unmanned aircraft. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2017 

Mr. DUNN introduced the following bill; which was referred to the Committee 

on Armed Services, and in addition to the Committee on Transportation 

and Infrastructure, 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 amend title 10, United States Code, to improve the 

authority of the Secretary of Defense to protect certain 

military facilities, assets, and information from unmanned aircraft. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Asset Protec5 tion Act’’. 


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1 SEC. 2. PROTECTION OF CERTAIN FACILITIES, ASSETS, AND 

2 INFORMATION FROM UNMANNED AIRCRAFT. 

3 (a) IN GENERAL.—Section 130i of title 10, United 

4 States Code, is amended to read as follows: 

5 ‘‘§ 130i. Protection of certain facilities, assets, and in6 formation from unmanned aircraft 

7 ‘‘(a) AUTHORITY.—Notwithstanding any other provi8 sion of law, the Secretary of Defense may take, and may 

9 authorize the armed forces or contractors of the Depart10 ment of Defense to take, such actions described in sub11 section (b)(1) that are necessary to mitigate the threat 

12 (as defined by the Secretary of Defense) of an unmanned 

13 aircraft system or unmanned aircraft to the safety or secu14 rity of a covered facility, asset, or classified information. 

15 ‘‘(b) ACTIONS DESCRIBED.—(1) The actions de16 scribed in this paragraph are the following: 

17 ‘‘(A) Disrupt control of the unmanned aircraft 

18 system or unmanned aircraft. 

19 ‘‘(B) Seize and exercise control of the un20 manned aircraft system or unmanned aircraft. 

21 ‘‘(C) Seize or otherwise confiscate the un22 manned aircraft system or unmanned aircraft. 

23 ‘‘(D) Use reasonable force to disable or destroy 

24 the unmanned aircraft system or unmanned aircraft. 


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1 ‘‘(E) Disrupt, alter, or intercept any commu2 nications to or from the unmanned aircraft system 

3 or unmanned aircraft. 

4 ‘‘(2) The Secretary of Defense shall develop the ac5 tions described in paragraph (1) with the assistance of the 

6 Secretary of Transportation, consistent with the protec7 tion of information regarding sensitive defense capabili8 ties. 

9 ‘‘(c) FORFEITURE.—(1) Any unmanned aircraft sys10 tem or unmanned aircraft described in subsection (a) shall 

11 be subject to seizure and forfeiture to the United States. 

12 ‘‘(2) The Secretary may prescribe regulations to es13 tablish reasonable exceptions to paragraph (1), including 

14 in cases where— 

15 ‘‘(A) the operator of the unmanned aircraft sys16 tem or unmanned aircraft obtained the control and 

17 possession of such system or aircraft illegally; or 

18 ‘‘(B) the operator of the unmanned aircraft sys19 tem or unmanned aircraft is an employee of a com20 mon carrier acting in a manner described in sub21 section (a) without the knowledge of the common 

22 carrier. 

23 ‘‘(d) REGULATIONS.—The Secretary of Defense and 

24 the Secretary of Transportation shall prescribe regulations 


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1 and issue guidance in the respective areas of each Sec2 retary to carry out this section. 

3 ‘‘(e) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘covered facility, asset, or classi5 fied information’ means any facility, asset, or classi6 fied information that is— 

7 ‘‘(A) identified by the Secretary of Defense 

8 for purposes of this section; 

9 ‘‘(B) located in the United States (includ10 ing the territories and possessions of the United 

11 States); and 

12 ‘‘(C) relating to— 

13 ‘‘(i) the nuclear deterrence mission of 

14 the Department of Defense, including with 

15 respect to nuclear command and control, 

16 integrated tactical warning and attack as17 sessment, and continuity of government; 

18 ‘‘(ii) the missile defense mission of the 

19 Department; 

20 ‘‘(iii) the national security space mis21 sion of the Department; 

22 ‘‘(iv) the homeland defense mission of 

23 the Department; or 

24 ‘‘(v) other missions of the Department 

25 involving assets or information designated 


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1 as vital to national security or as national 

2 critical infrastructure. 

3 ‘‘(2) The terms ‘unmanned aircraft’ and ‘un4 manned aircraft system’ have the meaning given 

5 those terms in section 331 of the FAA Moderniza6 tion and Reform Act of 2012 (Public Law 112–95; 

7 49 U.S.C. 40101 note).’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of chapter 3 of such title is amended by 

10 striking the item relating to section 130i and inserting the 

11 following new item: 

‘‘130i. Protection of certain facilities, assets, and information from unmanned 

aircraft.’’. 

Æ 


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