Military Asset Protection Act

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. Short title This Act may be cited as the Military Asset Protection Act 2. Protection of certain facilities, assets, and information from unmanned aircraft (a) In general Section 130i of title 10, United States Code, is amended to read as follows: 130i. Protection of certain facilities, assets, and information from unmanned aircraft (a) Authority Notwithstanding any other provision of law, the Secretary of Defense may take, and may authorize the armed forces or contractors of the Department of Defense to take, such actions described in subsection (b)(1) that are necessary to mitigate the threat (as defined by the Secretary of Defense) of an unmanned aircraft system or unmanned aircraft to the safety or security of a covered facility, asset, or classified information. (b) Actions described (1) The actions described in this paragraph are the following: (A) Disrupt control of the unmanned aircraft system or unmanned aircraft. (B) Seize and exercise control of the unmanned aircraft system or unmanned aircraft. (C) Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft. (D) Use reasonable force to disable or destroy the unmanned aircraft system or unmanned aircraft. (E) Disrupt, alter, or intercept any communications to or from the unmanned aircraft system or unmanned aircraft. (2) The Secretary of Defense shall develop the actions described in paragraph (1) with the assistance of the Secretary of Transportation, consistent with the protection of information regarding sensitive defense capabilities. (c) Forfeiture (1) Any unmanned aircraft system or unmanned aircraft described in subsection (a) shall be subject to seizure and forfeiture to the United States. (2) The Secretary may prescribe regulations to establish reasonable exceptions to paragraph (1), including in cases where— (A) the operator of the unmanned aircraft system or unmanned aircraft obtained the control and possession of such system or aircraft illegally; or (B) the operator of the unmanned aircraft system or unmanned aircraft is an employee of a common carrier acting in a manner described in subsection (a) without the knowledge of the common carrier. (d) Regulations The Secretary of Defense and the Secretary of Transportation shall prescribe regulations and issue guidance in the respective areas of each Secretary to carry out this section. (e) Definitions In this section: (1) The term covered facility, asset, or classified information (A) identified by the Secretary of Defense for purposes of this section; (B) located in the United States (including the territories and possessions of the United States); and (C) relating to— (i) the nuclear deterrence mission of the Department of Defense, including with respect to nuclear command and control, integrated tactical warning and attack assessment, and continuity of government; (ii) the missile defense mission of the Department; (iii) the national security space mission of the Department; (iv) the homeland defense mission of the Department; or (v) other missions of the Department involving assets or information designated as vital to national security or as national critical infrastructure. (2) The terms unmanned aircraft unmanned aircraft system Public Law 112–95 49 U.S.C. 40101 . (b) Clerical amendment The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 130i and inserting the following new item: 130i. Protection of certain facilities, assets, and information from unmanned aircraft. .

Summary: Military Asset Protection Act This bill authorizes the Department of Defense (DOD), in order to mitigate the threat of an unmanned aircraft system or unmanned aircraft to the safety or security of a covered facility or asset or to classified information, to take actions or authorize the Armed Forces or DOD contractors to take actions to: (1) disrupt, seize control of, or confiscate the system or aircraft; (2) use reasonable force to disable or destroy the system or aircraft; or (3) disrupt, alter, or intercept any communications to or from the system or aircraft. DOD may provide exceptions to such provisions. The bill provides that: (1) DOD shall develop such actions with Department of Transportation assistance, consistent with the protection of sensitive defense information; and (2) any such system or aircraft shall be subject to U.S. seizure and forfeiture. "Covered facility, asset, or classified information" means any facility, asset, or classified information that is: (1) so identified by DOD; (2) located in the United States or its territories and possessions; and (3) relating to DOD's missions of nuclear deterrence, missile defense, national space security, or homeland defense or other DOD missions involving vital security or infrastructure assets or information.