‘‘(ii) in the event that such an adverse 
impact is identified, such impact can be 
sufficiently mitigated, or the system, equip-
ment, or technology is excluded from the list 
maintained under subparagraph (A) until 
such an adverse impact is sufficiently miti-
gated. 
‘‘(D) 
LIMITATION
ON
INCLUSION
OF 
COUNTER-UAS SYSTEMS MANUFACTURED BY CER-
TAIN FOREIGN ENTERPRISES.— 
‘‘(i) LIMITATION.—The Secretary may 
not include on the list maintained under 
subparagraph (A) a counter-UAS detection 
and mitigation systems, equipment, and 
technology, manufactured or developed by a 
covered manufacturer. 
‘‘(ii) INTERNATIONAL AGREEMENTS.— 
This subsection shall be applied in a man-
ner consistent with the obligations of the 
United States under international agree-
ments in effect as of the date of enactment 
of the Counter-UAS Authority Security, 
Safety, and Reauthorization Act. 
‘‘(iii) 
AUTHORIZED
UTILIZATION.— 
Upon the inclusion of a counter-UAS detec-
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tion or mitigation system, equipment, or 
technology on the list maintained under 
subparagraph (A), the Secretary and the 
Attorney General may utilize such system, 
equipment, or technology for any action de-
scribed in paragraph (1). 
‘‘(iv) EXCEPTION.—The Secretary of 
Homeland Security is exempt from the lim-
itation under this subsection if the Sec-
retary determines that the operation or pro-
curement of such system is for the sole pur-
pose of research, evaluation, training, test-
ing, or analysis. 
‘‘(v) DEFINITIONS.—In this subpara-
graph: 
‘‘(I) COVERED MANUFACTURER.— 
The term ‘covered manufacturer’ means 
an entity that is owned by, controlled 
by, is a subsidiary of, or is otherwise 
related legally or financially to, a per-
son based in a country that— 
‘‘(aa) is identified as a non-
market economy country (as de-
fined in section 771 of the Tariff 
Act of 1930 (19 U.S.C. 1677)) as 
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of the date of enactment of the 
Counter-UAS Authority Security, 
Safety, and Reauthorization Act; 
‘‘(bb) was identified by the 
United States Trade Representa-
tive in the most recent report re-
quired under section 182 of the 
Trade Act of 1974 (19 U.S.C. 
2242) as a priority foreign coun-
try under subsection (a)(2) of 
such section; and 
‘‘(cc) is subject to monitoring 
by the United States Trade Rep-
resentative under section 306 of 
the Trade Act of 1974 (19 U.S.C. 
2416). 
‘‘(II) OTHERWISE
RELATED
LE-
GALLY
OR
FINANCIALLY.—The term 
‘otherwise related legally or finan-
cially’ does not include a minority 
stake relationship or investment. 
‘‘(E) RULE OF CONSTRUCTION.—Nothing in 
this paragraph may be construed to prevent the 
Secretary, the Attorney General, or the Adminis-
trator of the Federal Aviation Administration 
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from exercising any authority to counter un-
manned aircraft systems in effect prior to the 
date of enactment of the Counter-UAS Authority 
Security, Safety, and Reauthorization Act.’’; 
(3) in subsection (d) by striking paragraph (2) 
and inserting the following: 
‘‘(2) COORDINATION.—The Secretary, the Sec-
retary of Transportation, and the Attorney General 
shall coordinate to develop their respective regulations 
and guidance under paragraph (1) before issuing any 
such regulation or guidance.’’; 
(4) in subsection (e)— 
(A) by striking paragraph (3) and inserting 
the following: 
‘‘(3) records of such communications are dis-
posed of immediately following an action described in 
subsection (b)(1) to mitigate a credible threat referred 
to in subsection (a), except that if the Secretary or the 
Attorney General determines that maintenance of 
such records is necessary to investigate or prosecute a 
violation of law is required by Federal law or for the 
purpose of litigation, such records may be maintained 
for not more than 90 days;’’; and 
(B) in paragraph (4)— 
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(i) in the matter preceding subpara-
graph (A) by striking ‘‘are not disclosed 
outside the Department of Homeland Secu-
rity or the Department of Justice unless’’ 
and inserting ‘‘are not shared outside of 
personnel of the department in possession of 
such communications, except if’’; and 
(ii) in subparagraph (B) by striking ‘‘, 
or any regulatory, statutory, or other en-
forcement action relating to’’; 
(5) in subsection (f) by striking ‘‘within the De-
partment of Homeland Security or the Department of 
Justice’’; 
(6) in subsection (g)— 
(A) in paragraph (1) by striking ‘‘the Sec-
retary and the Attorney General shall, respec-
tively,’’ and inserting ‘‘the Secretary, the Attor-
ney General, and the Secretary of Transpor-
tation shall jointly’’; 
(B) by striking paragraphs (2) and (3) and 
inserting the following: 
‘‘(2) CONTENT.—Each briefing required under 
paragraph (1) shall include the following: 
‘‘(A) The number of instances and a de-
scription of each instance in which actions de-
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scribed in subsection (b)(1) have been taken, in-
cluding all such instances that— 
‘‘(i) equipment, system, or technology 
disrupted the transmission of radio or elec-
tronic signals, including and disaggregated 
by whether any such disruption was mini-
mized; 
‘‘(ii) may have resulted in harm, dam-
age, or loss to a person or to private prop-
erty, including and disaggregated by wheth-
er any such harm, damage, or loss was 
minimized; 
‘‘(iii) resulted in successful seizure, ex-
ercise of control, or confiscation under sub-
section (b)(1)(D); or 
‘‘(iv) required the use of reasonable 
force under subsection (b)(1)(E). 
‘‘(B) The frequency and nature of instances 
in which communications were intercepted or ac-
quired during the course of actions described in 
subsection (b)(1), including the following: 
‘‘(i) The approximate number and na-
ture 
of 
incriminating 
communications 
intercepted. 
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‘‘(ii) The approximate number and na-
ture of other communications intercepted. 
‘‘(C) The total number of instances in which 
records of communications intercepted or ac-
quired during the course of actions described in 
subsection (b)(1) were— 
‘‘(i) shared with the Department of 
Justice or another Federal law enforcement 
agency, including a list of receiving Federal 
law enforcement agencies; or 
‘‘(ii) maintained for more than 90 
days. 
‘‘(D) The number of instances and a de-
scription of each instance in which the Sec-
retary, Secretary of Transportation, or the Attor-
ney General have engaged with Federal, State, or 
local law enforcement agencies to implement the 
authority under this section, including the num-
ber of instances that resulted in a criminal in-
vestigation or litigation. 
‘‘(E) Information on the on the implemen-
tation of paragraphs (3) and (4)(A) of subsection 
(b), including regarding equipment or tech-
nology, including electronic equipment to address 
emerging trends and changes in unmanned air-
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craft system or unmanned aircraft system-re-
lated security threats.’’; 
(C) in paragraph (5)— 
(i) in the first sentence— 
(I) by striking ‘‘new technology’’ 
and inserting ‘‘counter-UAS detection 
and mitigation system, equipment, or 
technology approved under subsection 
(b)(4)’’; and 
(II) by striking ‘‘the Secretary 
and the Attorney General shall, respec-
tively,’’ and inserting ‘‘the Secretary, 
in coordination with the Secretary of 
Transportation and the Attorney Gen-
eral, shall’’; and 
(ii) in the second sentence, by striking 
‘‘to the national airspace system’’ and in-
serting ‘‘to the safety and operation of the 
national airspace system’’; and 
(D) by redesignating paragraphs (4) and 
(5) as paragraphs (3) and (4), respectively; 
(7) by striking subsection (i) and inserting the 
following: 
‘‘(i) TERMINATION.—The authority under this section 
shall terminate on October 1, 2029.’’; 
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(8) in subsection (k)— 
(A) in paragraph (1)(B) by striking ‘‘the 
Committee on Energy and Commerce,’’; 
(B) in paragraph (3)— 
(i) in subparagraph (A) by striking 
‘‘the Secretary or the Attorney General, in 
coordination with the Secretary of Trans-
portation’’ and inserting ‘‘the Secretary, in 
coordination with the Secretary of Trans-
portation and the Attorney General,’’; 
(ii) in subparagraph (C)— 
(I) in clause (i)— 
(aa) in subclause (II), by 
striking ‘‘or’’ after the semicolon; 
and 
(bb) by adding at the end the 
following: 
‘‘(IV) the security or protection 
functions for facilities, assets, and op-
erations of Homeland Security Inves-
tigations; or 
‘‘(V) the security and protection of 
public airports (as such term is defined 
in section 47102 of title 49, United 
States Code) under section 7 of the 
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Counter-UAS 
Authority 
Security, 
Safety, and Reauthorization Act;’’; and 
(II) in clause (ii)— 
(aa) in subclause (I)— 
(AA) in item (aa), by 
striking ‘‘section 533 of title 
28, United States Code’’ and 
inserting ‘‘paragraph (2) or 
(3) of section 533 of title 28, 
United States Code, and that 
is limited to a specified pe-
riod of time and location’’; 
and 
(BB) in item (bb), by 
inserting before the semicolon 
the following: ‘‘, and that is 
limited to a specified period 
of time and location’’; and 
(bb) in subclause (III), by 
striking ‘‘, as specified in’’ and 
inserting ‘‘pursuant to’’; 
(C) in paragraph (6), by striking ‘‘purposes 
of subsection (a)’’ and inserting ‘‘purposes of 
subsection (a) and paragraph (4) of subsection 
(e)’’; and 
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(D) in paragraph (8) in the matter pre-
ceding subparagraph (A)— 
(i) by striking ‘‘and efficiency of the 
national airspace system’’ and inserting ‘‘, 
efficiency, and operation of the national 
airspace system’’; and 
(ii) by striking ‘‘the Secretary or the 
Attorney General, respectively,’’ and insert-
ing ‘‘the Secretary, in coordination with the 
Secretary of Transportation and the Attor-
ney General,’’; and 
(9) by striking subsection (l) and inserting the 
following: 
‘‘(l) ANNUAL REPORT.—Not later than 1 year after the 
date of enactment of the Counter-UAS Authority Security, 
Safety, and Reauthorization Act, and annually thereafter, 
the Secretary, in coordination with the Secretary of Trans-
portation and the Attorney General, shall submit to the ap-
propriate congressional committees a report that contains 
the following: 
‘‘(1) The information required under subsection 
(g)(2). 
‘‘(2) A description of any guidance, policies, pro-
grams, and procedures to mitigate or eliminate any 
adverse impact of the activities carried out pursuant 
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to this section, or the use of any counter-UAS detec-
tion or mitigation system, equipment, or technology, 
on aviation safety, civil aviation and aerospace oper-
ations, aircraft airworthiness, or the use of the na-
tional airspace system. 
‘‘(3) A description of the guidance, policies, pro-
grams, and procedures established to address privacy, 
civil rights, and civil liberties issues implicated by 
the activities carried out pursuant to this section.’’; 
and 
(10) by adding at the end the following: 
‘‘(m) COUNTER-UAS SYSTEM TRAINING.—The Attor-
ney General, in coordination with the Secretary of Home-
land Security (acting through the Director of the Federal 
Law Enforcement Training Centers) may— 
‘‘(1) provide training relating to measures to 
take the actions described in subsection (b)(1); and 
‘‘(2) establish or designate 1 or more facilities or 
training centers for the purpose described in para-
graph (1). 
‘‘(n) COUNTER-UAS DETECTION
AND MITIGATION 
SYSTEM OPERATOR QUALIFICATION AND TRAINING CRI-
TERIA.— 
‘‘(1) IN GENERAL.—The Secretary and Attorney 
General, in coordination with the Administrator of 
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the Federal Aviation Administration, shall establish 
standards for initial and recurring training pro-
grams or certifications for individuals seeking to op-
erate counter-UAS detection and mitigation systems, 
equipment, or technology. 
‘‘(2) TRAINING
CRITERIA.—In carrying out 
paragraph (1), the Secretary and the Attorney Gen-
eral shall, at a minimum— 
‘‘(A) consider the potential impacts of such 
systems, equipment, or technology to aviation 
safety, civil aviation and aerospace operations, 
aircraft airworthiness, or the civilian use of air-
space, and appropriate actions to maintain 
aviation safety, as determined by the Adminis-
trator; 
‘‘(B) establish interagency coordination re-
quirements prior to deployment of such systems, 
equipment, or technology; and 
‘‘(C) establish the frequency at which an in-
dividual authorized to operate counter-UAS de-
tection and mitigation systems, equipment, or 
technology shall complete and renew such train-
ing or certification.’’. 
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SEC. 4. FAA COUNTER-UAS ACTIVITIES. 
(a) IN GENERAL.—Section 44810 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 44810. Counter-UAS activities 
‘‘(a) AUTHORITY.— 
‘‘(1) IN
GENERAL.—The Administrator of the 
Federal Aviation Administration may take such ac-
tions as described in paragraph (2) that are necessary 
to— 
‘‘(A) detect or mitigate a credible threat (as 
defined by the Secretary of Homeland Security 
and Attorney General, in consultation with the 
Administrator) that an operation of an un-
manned aircraft or an unmanned aircraft sys-
tem poses to the safe and efficient operation of 
the national airspace system; or 
‘‘(B) test or evaluate the potential adverse 
impacts or interference of a counter-UAS detec-
tion or mitigation system, equipment, or tech-
nology on or with safe airport operations, air-
craft navigation, air traffic services, or the safe 
and efficient operation of the national airspace 
system. 
‘‘(2) AUTHORIZED
ACTIONS.—In carrying out 
paragraph (1), the Administrator may take the fol-
lowing actions: 
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‘‘(A) Detect, identify, monitor, and track an 
unmanned aircraft system or unmanned air-
craft, without prior consent from the operator of 
such system or aircraft, including by means of 
intercept or other access of a wire, oral, or elec-
tronic communication used to control the un-
manned aircraft system or unmanned aircraft. 
‘‘(B) Contact or warn the operator of an 
unmanned 
aircraft 
system 
of 
a 
potential 
counter-UAS action authorized under this sub-
section. 
‘‘(C) Seize, exercise control of, or otherwise 
confiscate an unmanned aircraft system or un-
manned aircraft. 
‘‘(D) Disrupt control of, disable, damage, or 
destroy an unmanned aircraft or unmanned air-
craft system, including by means of intercept or 
other access of a wire, oral, or electronic commu-
nication used to control the unmanned aircraft 
or unmanned aircraft system. 
‘‘(b) APPLICABILITY OF OTHER LAWS.— 
‘‘(1) IN GENERAL.—Section 46502 of this title or 
sections 32, 1030, and 1367 and chapters 119 and 
206 of title 18 shall not apply to activities authorized 
by the Administrator pursuant to this section. 
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‘‘(2) PRIVACY
PROTECTION.—In implementing 
the requirements of this section, the Administrator, in 
coordination with the Attorney General and Secretary 
of Homeland Security, shall ensure that— 
‘‘(A) the interception or acquisition of, or 
access to, or maintenance or use of, communica-
tions to or from an unmanned aircraft system 
under this section is conducted in a manner con-
sistent with the First and Fourth Amendments 
to the Constitution of the United States and ap-
plicable provisions of Federal law; 
‘‘(B) communications to or from an un-
manned aircraft system are intercepted or ac-
quired only to the extent necessary to support an 
action as described under subsection (a)(2); 
‘‘(C) records of such communications are 
disposed of immediately following herein author-
ized activity to mitigate a credible threat, unless 
the Administrator, the Secretary of Homeland 
Security, or the Attorney General determine that 
maintenance of such records— 
‘‘(i) is necessary to investigate or pros-
ecute a violation of law; 
‘‘(ii) would directly support the De-
partment of Defense, a Federal law enforce-
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ment agency, or the enforcement activities 
of a regulatory agency of the Federal Gov-
ernment in connection with a criminal or 
civil investigation of, or any regulatory, 
statutory, or other enforcement action relat-
ing to an action described in subsection 
(a)(2); 
‘‘(iii) is between the Secretary of 
Homeland Security and the Attorney Gen-
eral in the course of a security or protection 
operation of either agency or a joint oper-
ation of such agencies; or 
‘‘(iv) is otherwise required by law; and 
‘‘(D) to the extent necessary, the Secretary 
of Homeland Security and the Attorney General 
are authorized to share threat information, 
which shall not include communications de-
scribed in this subsection, with State, local, terri-
torial, or tribal law enforcement agencies in the 
course of a security or protection operation. 
‘‘(c) OFFICE OF COUNTER-UAS ACTIVITIES.— 
‘‘(1) IN GENERAL.—There is established within 
the Federal Aviation Administration an Office of 
Counter-UAS Activities for purposes of managing 
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and directing the counter-UAS activities of the Ad-
ministration. 
‘‘(2) DIRECTOR.—The Administrator shall des-
ignate a Director of Counter-UAS Activities, who 
shall be the head of the Office. 
‘‘(3) DUTIES.—In carrying out the activities de-
scribed in paragraph (1), the Director shall— 
‘‘(A) coordinate with other offices of the Ad-
ministration to ensure that such activities do not 
adversely impact aviation safety or the efficiency 
of the national airspace system; 
‘‘(B) lead the development and implementa-
tion of counter-UAS activity strategic planning 
within the Federal Aviation Administration; and 
‘‘(C) serve as the Administration’s primary 
point of contact for coordinating counter-UAS 
activities, including such activities of— 
‘‘(i) Federal and State agencies; 
‘‘(ii) covered airports; and 
‘‘(iii) other relevant stakeholders; and 
‘‘(D) carry out other such counter-UAS ac-
tivities as the Administrator may prescribe. 
‘‘(d) INTERAGENCY COORDINATION.— 
‘‘(1) IN GENERAL.—The Administrator shall co-
ordinate with the Secretary of Homeland Security 
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and the Attorney General to carry out this section, 
subject to any restrictions of the Secretary or Attor-
ney General’s authority to acquire, deploy, and oper-
ate counter-UAS systems, equipment, or technology. 
‘‘(2) NON-DELEGATION.—Nothing under this sec-
tion shall permit the Administrator to delegate any 
authority granted to the Administrator to any other 
Federal agency. 
‘‘(e) COUNTER-UAS DETECTION AND MITIGATION SYS-
TEM PERFORMANCE REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—Not later than 270 days 
after the date of enactment of the Counter-UAS Au-
thority Security, Safety, and Reauthorization Act, the 
Administrator, in coordination with the Secretary 
and the Attorney General, shall establish minimum 
performance requirements for the safe and reliable de-
ployment or use of counter-UAS detection and miti-
gation systems, equipment, and technology within the 
national airspace system. 
‘‘(2) CONSIDERATIONS.— 
‘‘(A) AVIATION
SAFETY.—In establishing 
minimum performance requirements under para-
graph (1), the Administrator shall— 
‘‘(i) leverage data collected in testing 
and evaluation activities conducted under 
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this section and any other relevant testing 
and evaluation data determined appro-
priate by the Administrator; 
‘‘(ii) determine the extent to which a 
counter-UAS detection or mitigation sys-
tem, equipment, or technology can safely op-
erate without disrupting or interfering with 
the operation of aircraft or other national 
airspace system users; and 
‘‘(iii) establish specific requirements 
for the deployment and use of such systems, 
equipment, or technology in terminal air-
space. 
‘‘(B) EFFICACY.—In establishing minimum 
performance requirements under subsection (a), 
the Administrator shall consider criteria, as de-
termined by the Secretary of Homeland Security, 
to determine the degree to which counter-UAS 
detection and mitigation systems, equipment, or 
technology reliable and effective in detecting or 
mitigating unauthorized unmanned aircraft sys-
tem operations independent of data or informa-
tion provided by the system manufacturer of 
such unmanned aircraft system. 
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‘‘(C) OTHER
INTERFERENCE.—In estab-
lishing 
minimum 
performance 
requirements 
under subsection (a), the Administrator shall 
consider criteria, as determined by the Federal 
Communications Commission, to determine the 
extent to which counter-UAS detection and miti-
gation systems, equipment, or technology can be 
safely operated without disrupting or interfering 
with the operation of civilian communications 
and information technology networks and sys-
tems, including such networks and systems that 
rely on radio frequency or cellular network com-
munications links. 
‘‘(3) DEMONSTRATION.—The Administrator shall 
develop a standardized process by which a manufac-
turer or end-user of a counter-UAS detection or miti-
gation system, equipment, or technology may dem-
onstrate that such system, equipment, or technology 
meets the requirements established pursuant to para-
graph (1), which may include validation by an inde-
pendent third party. 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (1) shall require the Administrator to con-
duct a rulemaking in publishing minimum perform-
ance requirements under such paragraph. 
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‘‘(f) COUNTER-UAS SYSTEM TESTING, EVALUATION, 
AND VALIDATION.— 
‘‘(1) EVALUATION
AND
VALIDATION.—The Ad-
ministrator may conduct such testing, evaluation, 
and validation of counter-UAS detection and mitiga-
tion systems, equipment, and technology as necessary 
to ensure— 
‘‘(A) such systems, equipment, and tech-
nology will not have an adverse impact on the 
safe and efficient operation of the national air-
space system or transportation safety; and 
‘‘(B) such systems, equipment, and tech-
nology meet minimum performance requirements 
under subsection (e). 
‘‘(2) TESTING AND TRAINING.—Prior to the com-
mencement of any training or testing of counter-UAS 
systems, equipment, and technology used for detection 
or mitigation purposes, an agreement shall be estab-
lished between the testing or training entity and the 
Administrator to ensure aviation safety. 
‘‘(3) AIRSPACE HAZARD MITIGATION PROGRAM.— 
‘‘(A) TESTING PROGRAM.—In order to test 
and evaluate counter-UAS systems, equipment, 
or technology that detect or mitigate potential 
aviation safety risks posed by unmanned air-
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craft, the Administrator shall deploy such sys-
tems or technology at 5 airports, as appropriate, 
and any other location the Administrator deter-
mines appropriate. 
‘‘(B) TESTING AND EVALUATION.—Notwith-
standing section 46502 or sections 32, 1030, 
1367 and chapters 119 and 206 of title 18, the 
Administrator of the Federal Aviation Adminis-
tration may conduct testing and evaluation of 
any counter-UAS detection or mitigation system, 
equipment, or technology to assess potential im-
pacts on, or interference with, safe airport oper-
ations, aircraft and air traffic navigation, air 
traffic services, or the safe and efficient operation 
of the national airspace system. 
‘‘(C) COORDINATION.—In carrying out this 
paragraph, the Administrator shall coordinate 
with the Secretary of Homeland Security and 
the head of any other Federal agency that the 
Administrator considers appropriate. 
‘‘(g) LIMITATIONS ON OPERATION OF COUNTER-UAS 
SYSTEMS MANUFACTURED BY CERTAIN FOREIGN ENTER-
PRISES.— 
‘‘(1) LIMITATION.—Notwithstanding any other 
provision of this section, the Administrator may not 
VerDate Sep 11 2014 
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