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) in-
troduced 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 provi-
sions 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Counter-UAS Authority Security, Safety, and Reauthor-
ization Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents of 
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 sys-
tems. 
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. 
SEC. 2. DEFINITIONS. 
(a) APPLICATION OF TERMS.—Unless otherwise spec-
ified, the terms in section 44801 of title 49, United States 
Code, shall apply to this Act. 
(b) IN GENERAL.—In this Act: 
(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Homeland Security, 
the Committee on the Judiciary, and the Com-
mittee on Transportation and Infrastructure of 
the House of Representatives; and 
(B) the Committee on the Judiciary, the 
Committee on Homeland Security and Govern-
mental Affairs, and the Committee on Com-
merce, Science, and Transportation of the Sen-
ate. 
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(2) COVERED
AIRPORT.—The term ‘‘covered 
airport’’ means— 
(A) a large hub airport (as defined in sec-
tion 47102 of title 49, United States Code); 
(B) a medium hub airport (as defined in 
section 47102 of title 49, United States Code); 
or 
(C) an airport with a total annual landed 
weight of all-cargo of more than 7,500,000,000 
pounds in 2021 or any year thereafter. 
(3) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means— 
(A) the owner or proprietor of a covered 
site; and 
(B) with respect to a public gathering, the 
organizing entity of such gathering. 
(4) COVERED SITE.—The term ‘‘covered site’’ 
means— 
(A) a fixed site facility as described in sec-
tion 2209 of the FAA Extension, Safety, and 
Security Act of 2016 (49 U.S.C. 40101 note); 
(B) the location of a large public gathering 
described in section 44812(c) of title 49, United 
States Code; or 
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(C) the site with respect to which a flight 
restriction is maintained pursuant to section 
521 of division F of the Consolidated Appro-
priations Act, 2004 (49 U.S.C. 40103 note). 
SEC. 3. PROTECTION OF CERTAIN FACILITIES AND ASSETS 
FROM UNMANNED AIRCRAFT SYSTEMS. 
Section 210G of the Homeland Security Act of 2002 
(6 U.S.C. 124n) is amended— 
(1) in subsection (a) by striking ‘‘(as defined by 
the Secretary or the Attorney General, in consulta-
tion with the Secretary of Transportation)’’ and in-
serting ‘‘(as defined by the Secretary and the Attor-
ney General, in coordination with the Secretary of 
Transportation)’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A) by inserting 
‘‘or unmanned aircraft’’ after ‘‘During the 
operation of the unmanned aircraft sys-
tem’’; 
(ii) in subparagraph (D) by striking 
‘‘Seize or exercise control of’’ and inserting 
‘‘Seize, exercise control of, or otherwise 
confiscate’’; 
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(iii) by striking subparagraph (E); 
and 
(iv) by redesignating subparagraph 
(F) as subparagraph (E); and 
(B) by striking paragraphs (2) through (4) 
and inserting the following: 
‘‘(2) COORDINATION.— 
‘‘(A) IN GENERAL.—The Secretary and the 
Attorney General shall coordinate with the Sec-
retary of Transportation in carrying out the ac-
tions described in paragraph (1). 
‘‘(B) DETERMINATION BY ADMINISTRATOR 
OF FEDERAL AVIATION ADMINISTRATION.—Be-
fore the Secretary and the Attorney General 
may take or authorize the taking of an action 
under this section, the Administrator of the 
Federal Aviation Administration shall deter-
mine if such action would result in an adverse 
impact on aviation safety, civil aviation and 
aerospace operations, aircraft airworthiness, or 
the use of the national airspace system. If the 
Administration determines such action would 
not result in such an adverse impact, the Sec-
retary and the Attorney General may take or 
authorize the taking of such action. If the Ad-
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ministrator determines such action would result 
in such an adverse impact, the Secretary and 
the Attorney General shall coordinate with the 
Administrator to take any necessary action to 
ensure that such an adverse impact can be suf-
ficiently mitigated. 
‘‘(3) RESEARCH, 
TESTING, 
TRAINING, 
AND 
EVALUATION.— 
‘‘(A) IN
GENERAL.—The Secretary, the 
Attorney General, and the Secretary of Trans-
portation may conduct research on, testing on, 
training on, and evaluation of equipment, in-
cluding electronic equipment, and technology to 
determine the capability and utility of such 
equipment or technology for any action de-
scribed in paragraph (1), including prior to the 
initial use of such equipment or technology. 
‘‘(B) COORDINATION.—The Secretary, the 
Attorney General, and the Secretary of Trans-
portation shall coordinate activities under this 
paragraph and mutually share data and results 
from such activities. 
‘‘(4) LIST
OF
AUTHORIZED
EQUIPMENT
AND 
TECHNOLOGIES.— 
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‘‘(A) LIST.—Not later than 1 year after 
the date of the enactment of the Counter-UAS 
Authority Security, Safety, and Reauthorization 
Act, the Secretary, in coordination with the At-
torney General and the Administrator of the 
Federal Aviation Administration, shall maintain 
a list of approved makes and models of counter- 
UAS detection and mitigation systems, equip-
ment, and technology. Such list shall include 
the following: 
‘‘(i) A description of the specific de-
tection or mitigation functions of each 
such system, equipment, or technology that 
enable each such system, equipment, or 
technology to carry out an action described 
in paragraph (1). 
‘‘(ii) Whether each such system, 
equipment, or technology is authorized for 
an action described in subparagraph (A), 
(B), (C), or (D) of paragraph (1). 
‘‘(iii) Any conditions or restrictions 
generally applicable to the use, location, or 
positioning of each such system, equip-
ment, or technology, including whether and 
how each such system, equipment, or tech-
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nology may be suitable for use in terminal 
airspace. 
‘‘(B) IMPACT DETERMINATION BY ADMIN-
ISTRATOR.—A counter-UAS detection or miti-
gation system, equipment, or technology may 
not be included on the list maintained under 
subparagraph (A) unless the Administrator of 
the Federal Aviation Administration makes a 
written determination that— 
‘‘(i)(I) the system, equipment, or tech-
nology meets any applicable minimum per-
formance requirements as described in sec-
tion 44810(e) of title 49, United States 
Code; and 
‘‘(II) the use of such system, equip-
ment, or technology does not present an 
adverse impact on aviation safety, civil 
aviation and aerospace operations, aircraft 
airworthiness, or the use of the national 
airspace system; or 
‘‘(ii) in the event the Administrator 
identifies such an adverse impact from 
such system, equipment, or technology, 
such an adverse impact can be sufficiently 
mitigated and the mitigation activities are 
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described in the list maintained under sub-
paragraph (A) or in a manner determined 
by the Administrator. 
‘‘(C) SPECTRUM IMPACT CONSULTATION.— 
The Secretary, the Attorney General, and the 
Administrator of the Federal Aviation Adminis-
tration shall consult with the Federal Commu-
nications Commission or the Administrator of 
the National Telecommunications and Informa-
tion Administration, as appropriate, to deter-
mine whether the use of a counter-UAS detec-
tion or mitigation system, equipment, or tech-
nology on the list maintained under subpara-
graph (A)— 
‘‘(i) does not present an adverse im-
pact on civilian telecommunications, com-
munications spectrum, internet technology, 
or radio communications networks or sys-
tems; or 
‘‘(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) 
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until such an adverse impact is sufficiently 
mitigated. 
‘‘(D) 
LIMITATION
ON
INCLUSION
OF 
COUNTER-UAS
SYSTEMS
MANUFACTURED
BY 
CERTAIN 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
AGREE-
MENTS.—This subsection shall be applied 
in a manner consistent with the obligations 
of the United States under international 
agreements in effect as of the date of en-
actment of the Counter-UAS Authority Se-
curity, Safety, and Reauthorization Act. 
‘‘(iii) AUTHORIZED
UTILIZATION.— 
Upon the inclusion of a counter-UAS de-
tection or mitigation system, equipment, or 
technology on the list maintained under 
subparagraph (A), the Secretary and the 
Attorney General may utilize such system, 
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equipment, or technology for any action 
described 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 
procurement of such system is for the sole 
purpose of research, evaluation, training, 
testing, or analysis. 
‘‘(v) DEFINITIONS.—In this subpara-
graph: 
‘‘(I) 
COVERED
MANUFAC-
TURER.—The term ‘covered manufac-
turer’ means an entity that is owned 
by, controlled by, is a subsidiary of, or 
is otherwise related legally or finan-
cially to, a person 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 of the date of the enactment 
of the Counter-UAS Authority 
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Security, Safety, and Reauthor-
ization 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 moni-
toring by the United States 
Trade Representative under sec-
tion 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 Ad-
ministrator of the Federal Aviation Administra-
tion from exercising any authority to counter 
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unmanned aircraft systems in effect prior to the 
date of enactment of the Counter-UAS Author-
ity 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 regula-
tions and guidance under paragraph (1) before 
issuing any such regulation or guidance.’’; 
(4) in subsection (e)— 
(A) by striking paragraph (3) and insert-
ing 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 re-
ferred to in subsection (a), except that if the Sec-
retary or the Attorney General determines that 
maintenance of such records is necessary to inves-
tigate 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 Se-
curity or the Department of Justice un-
less’’ and inserting ‘‘are not shared outside 
of personnel of the department in posses-
sion 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: 
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‘‘(A) The number of instances and a de-
scription of each instance in which actions de-
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 
whether any such harm, damage, or loss 
was minimized; 
‘‘(iii) resulted in successful seizure, 
exercise of control, or confiscation under 
subsection (b)(1)(D); or 
‘‘(iv) required the use of reasonable 
force under subsection (b)(1)(E). 
‘‘(B) The frequency and nature of in-
stances in which communications were inter-
cepted or acquired during the course of actions 
described in subsection (b)(1), including the fol-
lowing: 
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‘‘(i) The approximate number and na-
ture 
of 
incriminating 
communications 
intercepted. 
‘‘(ii) The approximate number and 
nature of other communications inter-
cepted. 
‘‘(C) The total number of instances in 
which records of communications intercepted or 
acquired during the course of actions described 
in subsection (b)(1) were— 
‘‘(i) shared with the Department of 
Justice or another Federal law enforce-
ment 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 At-
torney General have engaged with Federal, 
State, or local law enforcement agencies to im-
plement the authority under this section, in-
cluding the number of instances that resulted in 
a criminal investigation or litigation. 
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‘‘(E) Information on the on the implemen-
tation of paragraphs (3) and (4)(A) of sub-
section (b), including regarding equipment or 
technology, including electronic equipment to 
address emerging trends and changes in un-
manned aircraft system or unmanned aircraft 
system-related 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, re-
spectively,’’ and inserting ‘‘the Sec-
retary, in coordination with the Sec-
retary of Transportation and the At-
torney General, 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 
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(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, 
2028.’’; 
(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: 
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‘‘(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 de-
fined in section 47102 of title 49, 
United States Code) under section 7 
of the Counter-UAS Authority Secu-
rity, 
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 spec-
ified period of time and loca-
tion’’; and 
(BB) in item (bb), by 
inserting before the semi-
colon the following: ‘‘, and 
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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 ‘‘pur-
poses of subsection (a)’’ and inserting ‘‘pur-
poses of subsection (a) and paragraph (4) of 
subsection (e)’’; and 
(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 in-
serting ‘‘the Secretary, in coordination 
with the Secretary of Transportation and 
the Attorney 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 Se-
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curity, Safety, and Reauthorization Act, and annually 
thereafter, the Secretary, in coordination with the Sec-
retary of Transportation and the Attorney General, shall 
submit to the appropriate congressional committees a re-
port that contains the following: 
‘‘(1) The information required under subsection 
(g)(2). 
‘‘(2) A description of any guidance, policies, 
programs, and procedures to mitigate or eliminate 
any adverse impact of the activities carried out pur-
suant to this section, or the use of any counter-UAS 
detection or mitigation system, equipment, or tech-
nology, on aviation safety, civil aviation and aero-
space operations, aircraft airworthiness, or the use 
of the national airspace system. 
‘‘(3) A description of the guidance, policies, 
programs, and procedures established to address pri-
vacy, civil rights, and civil liberties issues implicated 
by the activities carried out pursuant to this sec-
tion.’’; and 
(10) by adding at the end the following: 
‘‘(m) COUNTER-UAS SYSTEM TRAINING.—The At-
torney General, in coordination with the Secretary of 
Homeland Security (acting through the Director of the 
Federal Law Enforcement Training Centers) may— 
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‘‘(1) provide training relating to measures to 
take the actions described in subsection (b)(1); and 
‘‘(2) establish or designate one or more facili-
ties or training centers for the purpose described in 
paragraph (1). 
‘‘(n) COUNTER-UAS DETECTION AND MITIGATION 
SYSTEM OPERATOR QUALIFICATION AND TRAINING CRI-
TERIA.— 
‘‘(1) IN GENERAL.—The Secretary and Attor-
ney General, in coordination with the Administrator 
of the Federal Aviation Administration, shall estab-
lish 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 avia-
tion safety, as determined by the Administrator; 
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‘‘(B) establish interagency coordination re-
quirements prior to deployment of such sys-
tems, equipment, or technology; and 
‘‘(C) establish the frequency at which an 
individual authorized to operate counter-UAS 
detection and mitigation systems, equipment, or 
technology shall complete and renew such train-
ing or certification.’’. 
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 paragraph (2) that are necessary 
to— 
‘‘(A) detect or mitigate a credible threat 
(as defined by the Secretary of Homeland Secu-
rity 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 
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‘‘(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: 
‘‘(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 
electronic communication used to control the 
unmanned aircraft system or unmanned air-
craft. 
‘‘(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. 
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‘‘(D) Disrupt control of, disable, damage, 
or destroy an unmanned aircraft or unmanned 
aircraft system, including by means of intercept 
or other access of a wire, oral, or electronic 
communication 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 au-
thorized by the Administrator pursuant to this sec-
tion. 
‘‘(2) PRIVACY PROTECTION.—In implementing 
the requirements of this section, the Administrator, 
in coordination with the Attorney General and Sec-
retary of Homeland Security, shall ensure that— 
‘‘(A) the interception or acquisition of, or 
access to, or maintenance or use of, commu-
nications to or from an unmanned aircraft sys-
tem under this section is conducted in a man-
ner consistent with the First and Fourth 
Amendments to the Constitution of the United 
States and applicable provisions of Federal law; 
‘‘(B) communications to or from an un-
manned aircraft system are intercepted or ac-
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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 au-
thorized activity to mitigate a credible threat, 
unless the Administrator, the Secretary of 
Homeland Security, or the Attorney General de-
termine that maintenance of such records— 
‘‘(i) is necessary to investigate or 
prosecute a violation of law; 
‘‘(ii) would directly support the De-
partment of Defense, a Federal law en-
forcement agency, or the enforcement ac-
tivities of a regulatory agency of the Fed-
eral Government in connection with a 
criminal or civil investigation of, or any 
regulatory, statutory, or other enforcement 
action relating 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 protec-
tion operation of either agency or a joint 
operation of such agencies; or 
‘‘(iv) is otherwise required by law; and 
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‘‘(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, ter-
ritorial, 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 
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 
Administration to ensure that such activities do 
not adversely impact aviation safety or the effi-
ciency of the national airspace system; 
‘‘(B) lead the development and implemen-
tation of counter-UAS activity strategic plan-
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ning within the Federal Aviation Administra-
tion; 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 
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 
section shall permit the Administrator to delegate 
any authority granted to the Administrator to any 
other Federal agency. 
‘‘(e) COUNTER-UAS DETECTION AND MITIGATION 
SYSTEM PERFORMANCE REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Administrator, in co-
ordination with the Secretary and the Attorney Gen-
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eral, shall establish minimum performance require-
ments for the safe and reliable deployment or use of 
counter-UAS detection and mitigation systems, 
equipment, and technology within the national air-
space system. 
‘‘(2) CONSIDERATIONS.— 
‘‘(A) AVIATION
SAFETY.—In establishing 
minimum 
performance 
requirements 
under 
paragraph (1), the Administrator shall— 
‘‘(i) leverage data collected in testing 
and evaluation activities conducted under 
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 
operate without disrupting or interfering 
with the operation of aircraft or other na-
tional airspace system users; and 
‘‘(iii) establish specific requirements 
for the deployment and use of such sys-
tems, equipment, or technology in terminal 
airspace. 
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‘‘(B) EFFICACY.—In establishing minimum 
performance requirements under subsection (a), 
the Administrator shall consider criteria, as de-
termined by the Secretary of Homeland Secu-
rity, to determine the degree to which counter- 
UAS detection and mitigation systems, equip-
ment, or technology reliable and effective in de-
tecting or mitigating unauthorized unmanned 
aircraft system operations independent of data 
or information provided by the system manufac-
turer of such unmanned aircraft system. 
‘‘(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 
mitigation systems, equipment, or technology 
can be safely operated without disrupting or 
interfering with the operation of civilian com-
munications and information technology net-
works and systems, including such networks 
and systems that rely on radio frequency or cel-
lular network communications links. 
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‘‘(3) 
DEMONSTRATION.—The 
Administrator 
shall develop a standardized process by which a 
manufacturer or end-user of a counter-UAS detec-
tion or mitigation system, equipment, or technology 
may demonstrate that such system, equipment, or 
technology meets the requirements established pur-
suant to paragraph (1), which may include valida-
tion by an independent third party. 
‘‘(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 nec-
essary 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 require-
ments under subsection (e). 
‘‘(2) TESTING
AND
TRAINING.—Prior to the 
commencement of any training or testing of counter- 
UAS systems, equipment, and technology used for 
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detection or mitigation purposes, an agreement shall 
be established between the testing or training entity 
and the Administrator to ensure aviation safety. 
‘‘(3) AIRSPACE
HAZARD
MITIGATION
PRO-
GRAM.— 
‘‘(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-
craft, the Administrator shall deploy such sys-
tems or technology at 5 airports, as appro-
priate, and any other location the Administrator 
determines appropriate. 
‘‘(B) TESTING
AND
EVALUATION.—Not-
withstanding section 46502 or sections 32, 
1030, 1367 and chapters 119 and 206 of title 
18, the Administrator of the Federal Aviation 
Administration may conduct testing and evalua-
tion of any counter-UAS detection or mitigation 
system, equipment, or technology to assess po-
tential impacts on, or interference with, safe 
airport operations, aircraft and air traffic navi-
gation, air traffic services, or the safe and effi-
cient operation of the national airspace system. 
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‘‘(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 
acquire, deploy, or operate, or authorize the acquisi-
tion, deployment, or operation of, a counter-UAS 
system or any associated elements, including soft-
ware, manufactured or developed by a covered man-
ufacturer. 
‘‘(2) INTERNATIONAL AGREEMENTS.—This sub-
section shall be applied in a manner consistent with 
the obligations of the United States under inter-
national agreements in place on the date of enact-
ment of the Counter-UAS Authority Security, Safe-
ty, and Reauthorization Act. 
‘‘(3) EXCEPTION.—The Secretary of Transpor-
tation is exempt from the limitation under this sub-
section if the Secretary determines that the oper-
ation or procurement of such system supports the 
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safe, secure, or efficient operation of the national 
airspace system or maintenance of public safety, in-
cluding activities carried out under the Federal 
Aviation Administration’s Alliance for System Safety 
of UAS through Research Excellence Center of Ex-
cellence, FAA-authorized unmanned aircraft systems 
test ranges, and any other testing and evaluation ac-
tivity deemed to support the safe, secure, or efficient 
operation of the national airspace system or mainte-
nance of public safety, as determined by the Sec-
retary. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) 
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 person based in a country that— 
‘‘(i) is identified as a nonmarket econ-
omy country (as defined in section 771 of 
the Tariff Act of 1930 (19 U.S.C. 1677)) 
as of the date of enactment of the 
Counter-UAS Authority Security, Safety, 
and Reauthorization Act; 
‘‘(ii) was identified by the United 
States Trade Representative in the most 
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recent report required by section 182 of 
the Trade Act of 1974 (19 U.S.C. 2242) 
as a priority foreign country under sub-
section (a)(2) of that section; and 
‘‘(iii) is subject to monitoring by the 
Trade Representative under section 306 of 
the Trade Act of 1974 (19 U.S.C. 2416). 
‘‘(B) OTHERWISE RELATED LEGALLY OR 
FINANCIALLY.—The term ‘otherwise related le-
gally or financially’ does not include a minority 
stake relationship or investment. 
‘‘(h) BRIEFINGS.— 
‘‘(1) SEMIANNUAL BRIEFINGS AND NOTIFICA-
TIONS.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall provide the specified committees of Con-
gress a briefing not less than once every 6 
months on the activities carried out pursuant to 
this section. 
‘‘(B) CONTENT.—Each briefing required 
this paragraph shall include— 
‘‘(i) the number of instances and a de-
scription of each instance in which actions 
described in subsection (a)(2) have been 
taken, including all such instances that— 
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‘‘(I) equipment, systems, or tech-
nology disrupted the transmission of 
radio or electronic signals, including 
and disaggregated by whether any 
such disruption was minimized; 
‘‘(II) may have resulted in harm, 
damage, or loss to a person or to pri-
vate 
property, 
including 
and 
disaggregated by whether any such 
harm, damage, or loss was minimized; 
‘‘(III) resulted in the successful 
seizure, exercise of control, or confis-
cation under subsection (a)(2); or 
‘‘(IV) required the use of reason-
able force under subsection (a)(2); 
‘‘(ii) the frequency and nature of in-
stances in which communications were 
intercepted or acquired during the course 
of actions described in subsection (a)(2), 
including— 
‘‘(I) the approximate number and 
nature of incriminating communica-
tions intercepted; 
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‘‘(II) the approximate number 
and nature of other communications 
intercepted; and 
‘‘(III) the total number of in-
stances in which records of commu-
nications intercepted or acquired dur-
ing the course of actions described in 
subsection (a)(2) were— 
‘‘(aa) shared with the De-
partment of Justice or another 
Federal law enforcement agency, 
including a list of receiving Fed-
eral law enforcement agencies; or 
‘‘(bb) maintained for more 
than 90 days; 
‘‘(iv) the number of instances and a 
description of each instance in which Ad-
ministrator of the Federal Aviation Admin-
istration has engaged with Federal, State, 
or local law enforcement agencies to imple-
ment the authority under this section, in-
cluding the number of instances that re-
sulted in a criminal investigation or litiga-
tion; and 
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‘‘(v) information on the actions car-
ried out under subparagraphs (C) and (D) 
of subsection (a)(2), including equipment 
or technology to address emerging trends 
and changes in unmanned aircraft system 
or unmanned aircraft system-related secu-
rity threats. 
‘‘(C) CLASSIFICATION.— 
‘‘(i) IN GENERAL.—Each briefing re-
quired under this subsection shall be in an 
unclassified form, but shall be accom-
panied by an additional classified briefing 
at the request of the Chair or Ranking 
Member of any specified committee of Con-
gress. 
‘‘(ii) CONTENT OF BRIEFINGS.—Such 
briefings shall include, at a minimum— 
‘‘(I) a description of instances in 
which an active mitigation action 
under this section has been taken, in-
cluding all such instances that may 
have resulted in harm, damage, or 
loss to an individual or to private 
property; and 
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‘‘(II) a description of each cov-
ered site, including the capabilities of 
counter-UAS systems used at such 
sites. 
‘‘(2) NOTIFICATION.—Beginning 180 days after 
the date of enactment of the Counter-UAS Authority 
Security, Safety, and Reauthorization Act, the Ad-
ministrator shall— 
‘‘(A) notify the specified committees of 
Congress of any newly authorized acquisition, 
deployment, or operation of a counter-UAS sys-
tem, equipment or technology under this section 
not later than 90 days after such newly author-
ized acquisition, deployment, or operation; and 
‘‘(B) in providing a notification under sub-
paragraph (A), include a description of options 
considered to mitigate any identified impacts to 
the national airspace system related to the use 
of any counter-UAS system, technology, or 
equipment operated at a covered site, including 
the minimization of the use of any technology, 
equipment or system that disrupts the trans-
mission of radio or electronic signals. 
‘‘(i) DEFINITIONS.—In this section: 
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‘‘(1) SPECIFIED COMMITTEES OF CONGRESS.— 
The 
term 
‘specified 
committees 
of 
Congress’ 
means— 
‘‘(A) the Committee on Transportation and 
Infrastructure, the Committee on Homeland Se-
curity, and the Committee on the Judiciary of 
the House of Representatives; and 
‘‘(B) 
the 
Committee 
on 
Commerce, 
Science, and Transportation, the Committee on 
Homeland Security and Governmental Affairs, 
and the Committee on the Judiciary of the Sen-
ate. 
‘‘(2) STATE.—The term ‘State’ means a State, 
the District of Columbia, and a territory or posses-
sion of the United States. 
‘‘(j) SUNSET.—This section ceases to be effective on 
October 1, 2028.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 448 of title 49, United States Code, is amended by 
striking the item relating to section 44810 and inserting 
the following: 
‘‘44810. Counter-UAS activities.’’. 
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SEC. 5. ADDITIONAL LIMITED AUTHORITY FOR DETECTION, 
IDENTIFICATION, MONITORING, AND TRACK-
ING. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, in coordination with the Administrator of the Federal 
Aviation Administration and the Attorney General, may 
authorize the acquisition, deployment, and operation of 
approved counter-UAS detection systems, equipment or 
technology intended to be used for the detection of un-
manned aircraft systems by a covered entity. 
(b) REQUIRED APPLICATION.— 
(1) IN GENERAL.—In carrying out this section, 
the Secretary of Homeland Security, in coordination 
with the Administrator and the Attorney General, 
shall establish an application process to authorize 
the acquisition, deployment, and operation of an ap-
proved counter-UAS detection system, equipment, or 
technology by a Federal, State, local, territorial, or 
Tribal law enforcement agency, in partnership with 
a covered entity, at a covered site. 
(2) APPLICATION REQUIREMENTS.—The appli-
cation described in paragraph (1) shall contain— 
(A) a justifiable need (based on a threat 
posed by an unmanned aircraft or unmanned 
aircraft system to a covered site) to detect an 
unmanned aircraft system with an approved 
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counter-UAS detection system, equipment, or 
technology; 
(B) a plan for the acquisition, deployment, 
and operation of such counter-UAS detection 
system, equipment, or technology, that shall— 
(i) be subject to the approval of the 
Secretary of Homeland Security, the Ad-
ministrator of the Federal Aviation Admin-
istration, and the Attorney General; and 
(ii) include— 
(I) a description of the covered 
site or sites at which the counter-UAS 
detection system, equipment, or tech-
nology will be deployed and operated; 
(II) a description of the time pe-
riods and dates during which the 
counter-UAS detection system, equip-
ment, or technology will be operated; 
(C) a written agreement between the cov-
ered entity and a Federal, State, local, or Trib-
al law enforcement agency to operate such ap-
proved counter-UAS detection system, equip-
ment, or technology at a covered site on behalf 
of such covered entity; 
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(D) proof of completion of initial and re-
current training or certification requirements 
under section 210G(n) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 124n(n)); 
(E) any other requirements the Secretary 
determines appropriate. 
(c) AGREEMENTS.—Upon approval of an application 
required under subsection (b) by the Secretary of Home-
land Security, the Secretary shall enter into an agreement 
with the applicable covered entity to authorize the acquisi-
tion, deployment, and operation of an approved counter- 
UAS detection system, equipment, or technology, that 
shall specify, at a minimum— 
(1) the approved counter-UAS detection system, 
equipment, or technology to be operated; 
(2) the covered site or sites at which the sys-
tem, equipment, or technology may be operated; 
(3) the time periods, dates, and circumstances 
during which the counter-UAS detection system, 
equipment, or technology may be operated; and 
(4) any terms and conditions on the deployment 
and operation of an approved counter-UAS detection 
system, equipment, or technology the Secretary de-
termines necessary to ensure public safety. 
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(d) REVOCATION.—The Secretary shall revoke the 
authorization or approval for the deployment and oper-
ation of an approved counter-UAS detection system, 
equipment, or technology pursuant to this section if the 
Secretary determines that the covered entity has not— 
(1) maintained an agreement that is acceptable 
to the Secretary with a Federal, State, local, or 
Tribal law enforcement agency to operate such ap-
proved counter-UAS detection system, equipment, or 
technology on behalf of the covered entity; 
(2) complied with the initial and recurrent 
training or certification requirements under section 
210G(n) of the Homeland Security Act of 2002 (6 
U.S.C. 124n(n)); and 
(3) complied with the privacy protections under 
section 210G(e) of the Homeland Security Act of 
2002 (6 U.S.C. 124n(e)). 
(e) COORDINATION.—The Secretary shall coordinate 
with the Administrator of the Federal Aviation Adminis-
tration and the Attorney General in carrying out the appli-
cation and agreement processes under this section. 
(f) APPLICABILITY OF OTHER LAWS.—Section 46502 
of title 49, United States Code, or sections 32, 1030, and 
1367 and chapters 119 and 206 of title 18, United States 
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Code, shall not apply to activities authorized by the Sec-
retary under this section or section 6. 
(g) PREVIOUSLY ACQUIRED COUNTER-UAS SYS-
TEMS.—If the Administrator finds that a covered entity 
acquired and operated a counter-UAS detection system, 
equipment, or technology prior to the date of enactment 
of this Act, the Secretary may authorize the use of such 
system, equipment, or technology if— 
(1) such system, equipment, or technology 
meets the minimum performance requirements 
issued pursuant to section 44810(e) of title 49, 
United States Code; and 
(2) such covered entity submits an application 
under subsection (b) and enters into required agree-
ments under subsection (c). 
(h) AUDITS.—Not later than 18 months after the 
date of enactment of this Act, and every 18 months there-
after, the inspectors general of the Department of Trans-
portation, the Department of Homeland Security, and the 
Department of Justice shall conduct a joint audit of the 
implementation of the requirements of this section and 
section 6. 
(i) REPORT TO CONGRESS.—Not later than 90 days 
after the date on which the inspectors general complete 
each audit required under subsection (h), the inspector 
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generals shall submit to the appropriate committees of 
Congress a report on the findings of such audit and any 
recommendations related to the administration of this sec-
tion. 
(j) TERMINATION OF AUTHORITY.—The authorities 
under this section shall terminate on October 1, 2028. 
(k) SAVINGS CLAUSE.— 
(1) RULE OF CONSTRUCTION.—Nothing in this 
section or section 6 shall be construed to limit or re-
strict the Administrator of the Federal Aviation Ad-
ministration from ensuring the safety and efficiency 
of the national airspace system. 
(2) SUSPENSION OF AUTHORITY.— 
(A) IN GENERAL.—The Administrator of 
the Federal Aviation Administration, in con-
sultation with the Attorney General, may sus-
pend the authority provided under this section 
or section 6 if the Administrator— 
(i) determines that the exercise of 
such authority threatens the safety or effi-
ciency of the national airspace system; and 
(ii) conveys in writing the determina-
tion to the Secretary of Homeland Secu-
rity. 
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(B) REPORTING.—The Administrator shall 
notify the appropriate committees of Congress 
within 48 hours of suspending the authority 
provided under this section under subparagraph 
(A). 
(l) APPROVED COUNTER-UAS DETECTION SYSTEM 
DEFINED.—In this section, the term ‘‘approved counter- 
UAS detection system’’ means a counter-UAS detection 
system approved under section 210G(b)(4) of the Home-
land Security Act of 2002 (6 U.S.C. 124n(b)(4)) and that 
meets the minimum performance requirements established 
pursuant to section 44810(e) of title 49, United States 
Code. 
SEC. 6. COUNTER-UAS MITIGATION STATE LAW ENFORCE-
MENT PILOT PROGRAM. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations for such purpose, not later than 180 days 
after the first determination that a counter-UAS system 
with mitigation capabilities meets the requirements of sec-
tion 44810(e) of title 49, United States Code, the Sec-
retary of Homeland Security, in coordination with the At-
torney General and the Administrator of the Federal Avia-
tion Administration, shall establish a pilot program at not 
more than 5 covered sites to assess the efficacy of ap-
proved counter-UAS mitigation systems at such covered 
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sites and determine the appropriate policies, procedures, 
and protocols necessary to allow State law enforcement 
agencies (in coordination with the Secretary, Attorney 
General, and Administrator) to acquire, deploy, and oper-
ate approved counter-UAS mitigation systems and miti-
gate unauthorized UAS operations on behalf of covered 
entities. 
(b) REQUIRED APPLICATION.— 
(1) IN GENERAL.—In carrying out this section, 
the Secretary of Homeland Security, in coordination 
with the Attorney General and the Administrator, 
shall establish an application process to authorize 
the acquisition, deployment, and operation of an ap-
proved counter-UAS mitigation system, equipment, 
or technology by a State law enforcement agency, in 
partnership with a covered entity, at a covered site. 
(2) APPLICATION REQUIREMENTS.—The appli-
cation described in paragraph (1) shall contain— 
(A) a justifiable need (based on a threat 
posed by an unmanned aircraft or unmanned 
aircraft system to a covered site) to mitigate an 
unmanned aircraft system with an approved 
counter-UAS mitigation system, equipment, or 
technology; 
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(B) a plan for the acquisition, deployment, 
and operation of such counter-UAS mitigation 
system, equipment, or technology, that shall— 
(i) be subject to the approval of the 
Secretary of Homeland Security, the Attor-
ney General, and the Administrator of the 
Federal Aviation Administration; and 
(ii) include— 
(I) a description of the covered 
site or sites at which the counter-UAS 
mitigation system, equipment, or tech-
nology will be deployed and operated; 
(II) a description of the time pe-
riods and dates during which the 
counter-UAS 
mitigation 
system, 
equipment, or technology will be oper-
ated; 
(C) a written agreement between the cov-
ered entity and a State law enforcement agency 
to operate such approved counter-UAS mitiga-
tion system, equipment, or technology at a cov-
ered site on behalf of such covered entity; 
(D) proof of completion of initial and re-
current training or certification requirements 
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under section 210G(n) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 124n(n)); 
(E) any other requirements the Secretary 
determines appropriate. 
(c) AGREEMENTS.—Upon approval of an application 
required under subsection (b) by the Secretary of Home-
land Security, the Secretary shall enter into an agreement 
with the applicable covered entity and State law enforce-
ment agency to authorize the acquisition, deployment, op-
eration of an approved counter-UAS mitigation system, 
equipment, or technology, that shall specify, at a min-
imum— 
(1) the approved counter-UAS mitigation sys-
tem, equipment, or technology to be operated; 
(2) the covered site or sites at which the sys-
tem, equipment, or technology may be operated; 
(3) the time periods, dates, and circumstances 
during which the counter-UAS mitigation system, 
equipment, or technology may be operated; 
(4) any terms and conditions on the deployment 
and operation of an approved counter-UAS mitiga-
tion system, equipment, or technology the Secretary 
determines necessary to ensure public safety; 
(5) the frequency with which the appropriate 
Federal agency representatives shall conduct peri-
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odic site visits to ensure compliance with the ap-
proved terms and conditions of deployment and op-
erations of the approved counter-UAS mitigation 
system, equipment, or technology; 
(6) the required Federal coordination prior to 
the mitigation of an unmanned aircraft system by a 
State law enforcement agency described in sub-
section (d)(1); and 
(7) the post-event reporting requirements speci-
fied in subsection (d)(3). 
(d) REQUIRED
COORDINATION
AND
NOTIFICA-
TION.— 
(1) IN GENERAL.—Until the date that is 270 
days after the initial deployment of an authorized 
counter-UAS system, equipment, or technology, the 
Secretary of Homeland Security shall expressly ap-
prove, on a case-by-case basis, the mitigation of un-
manned aircraft system by a State law enforcement 
agency under this section. 
(2) VERIFICATION AND NOTIFICATION.—In car-
rying out paragraph (1), the Secretary of Homeland 
Security shall— 
(A) verify that there is a justifiable threat 
that warrants the use of such counter-UAS sys-
tem, equipment, or technology; 
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(B) verify that the use of such counter- 
UAS system, equipment, or technology will— 
(i) be conducted in a manner con-
sistent with the agreement between the 
Secretary and the State law enforcement 
agency; and 
(ii) abide by all safety protocols, 
terms, and conditions established for the 
use of such system, equipment, or tech-
nology at the covered site; and 
(C) immediately notify the Administrator 
of the Federal Aviation Administration of the 
approval provided under this paragraph. 
(3) REPORT.— 
(A) IN
GENERAL.—Not later than 24 
hours after each mitigation of a UAS conducted 
under the authorities in this section, the rel-
evant State law enforcement agency shall sub-
mit to the Secretary of Homeland Security, the 
Administrator of the Federal Aviation Adminis-
tration, and the Attorney General a post-event 
report. 
(B) CONTENTS.—The report under sub-
paragraph (A) shall include all relevant infor-
mation pertaining to the event, including the 
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drone operation, and subsequent mitigation and 
enforcement actions, and subsequent enforce-
ment actions, as specified by the Secretary. 
(e) REVOCATION.—The Secretary shall revoke the 
authorization or approval for the deployment and oper-
ation of an approved counter-UAS mitigation system, 
equipment, or technology pursuant to this section if the 
Secretary determines that the covered entity has not— 
(1) maintained an agreement that is acceptable 
to the Secretary with a State law enforcement agen-
cy to operate such approved counter-UAS mitigation 
system, equipment, or technology on behalf of the 
covered entity; 
(2) complied with the initial and recurrent 
training or certification requirements under section 
210G(n) of the Homeland Security Act of 2002 (6 
U.S.C. 124n(n)); and 
(3) complied with the privacy protections under 
section 210G(e) of the Homeland Security Act of 
2002 (6 U.S.C. 124n(e)). 
(f) COORDINATION.—The Secretary shall coordinate 
with the Administrator of the Federal Aviation Adminis-
tration and the Attorney General in carrying out the appli-
cation, agreement, and revocation processes under this 
section. 
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(g) SELECTION CRITERIA.— 
(1) AIRSPACE CONSIDERATIONS.— 
(A) IN GENERAL.—The Administrator of 
the Federal Aviation Administration, in coordi-
nation with the Secretary of Homeland Security 
and the Attorney General, shall make a site- 
specific determination for each covered site se-
lected under the pilot program established 
under this section to ensure that any potential 
use of counter-UAS mitigation systems, equip-
ment, or technology at the covered site will not 
adversely impact the safe operation of the na-
tional airspace system. 
(B) INELIGIBILITY FOR PARTICIPATION.— 
If an adverse impact is identified under sub-
paragraph (A) and cannot be safely mitigated 
to the satisfaction of the Administrator, the 
covered site is not eligible for participation in 
the pilot program established under this sec-
tion. 
(2) REVIEW AND EXPANSION.—Not later than 
3 years after approved counter-UAS mitigation sys-
tems, equipment, or technology are deployed at the 
5 covered sites selected under subsection (a), the 
Secretary, in coordination with the Administrator 
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and the Attorney General, shall review the prelimi-
nary results of such pilot program and, if appro-
priate, take such actions as may be necessary to re-
vise or expand counter-UAS system mitigation au-
thorities, subject to the availability of trained per-
sonnel, to not more than 20 covered sites under the 
pilot program. 
(h) REQUIRED BRIEFING.—Not later than 6 months 
after the establishment of the pilot program under this 
section, and every 6 months thereafter, the Secretary shall 
brief the appropriate committees of Congress on the 
progress and findings of the pilot program established 
under this section, including a description of all mitigation 
events reported under subsection (d). 
(i) SUNSET.—The authority under this section shall 
terminate on October 1, 2028. 
(j) APPROVED COUNTER-UAS DETECTION SYSTEM 
DEFINED.—In this section, the term ‘‘approved counter- 
UAS detection system’’ means a counter-UAS detection 
system approved under section 210G(b)(4) of the Home-
land Security Act of 2002 (6 U.S.C. 124n(b)(4)) and that 
meets the minimum performance requirements established 
pursuant to section 44810(e) of title 49, United States 
Code. 
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SEC. 7. COUNTER-UAS SYSTEM PLANNING AND DEPLOY-
MENT AT AIRPORTS. 
(a) STRATEGIC AIRPORT PLANNING.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration, in coordina-
tion with the Secretary of Homeland Security and 
the Attorney General, shall develop a plan for oper-
ations at covered airports of counter-UAS detection 
and mitigation systems, equipment, or technology 
that meet the performance requirements described in 
section 44810(e) of title 49, United States Code, for 
purposes of— 
(A) ensuring the safety and security of air-
craft; and 
(B) responding to a persistent disruption 
of air traffic operations caused by unmanned 
aircraft system activity. 
(2) CONTENTS.—The plan required under para-
graph (1) shall consider, at a minimum— 
(A) the roles and responsibilities of— 
(i) Federal agency personnel, includ-
ing air traffic control personnel and Fed-
eral Air Marshal resources; 
(ii) relevant airport personnel; and 
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(iii) any other stakeholder the Admin-
istrator determines appropriate in the ter-
minal airspace; 
(B) operational procedures, protocols, poli-
cies, and guidelines pertaining to the deploy-
ment of such systems, equipment, or tech-
nology; 
(C) minimum performance requirements 
for such systems, equipment, or technology; 
(D) funding responsibilities and mecha-
nisms for the acquisition, deployment, and oper-
ation of such systems, equipment or technology; 
(E) the operational approval process by 
which such systems, equipment or technology 
may be deployed; 
(F) reporting requirements associated with 
the use of such systems, equipment, or tech-
nology; 
(G) initial operator training and recurrent 
training requirements; 
(H) how the remote identification of un-
manned aircraft systems can be leveraged for 
the operation of counter-UAS systems, equip-
ment or technology; and 
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(I) any other content as determined nec-
essary by the Administrator, the Secretary, and 
the Attorney General. 
(3) COORDINATION.—In developing the plan de-
scribed in paragraph (1), the Administrator— 
(A) shall coordinate with the Secretary of 
Homeland Security and the Attorney General to 
consider, and if determined appropriate by the 
Administrator, include requirements and proce-
dures for— 
(i) conducting and updating airport- 
specific vulnerability assessments; 
(ii) developing airport-specific coordi-
nation and communication requirements 
with Federal agencies, local law enforce-
ment, and airport personnel appropriate 
for the scope of such plan; 
(iii) tactical response and status re-
porting during events within the scope of 
such plan; and 
(iv) acquisition and deployment of 
counter-UAS systems, equipment, or tech-
nology within the scope of such plan; and 
(B) shall consult with airport and law en-
forcement stakeholders, as appropriate. 
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(4) PERIODIC UPDATE.—In carrying out this 
subsection, the Administrator shall review and up-
date such plan not less than annually. 
(b) COUNTER-UAS DETECTION SYSTEMS AT AIR-
PORTS.— 
(1) IN
GENERAL.—Pursuant to the plan re-
quired in subsection (a) and subject to available ap-
propriations, the Administrator, in coordination with 
the Secretary of Homeland Security, the Attorney 
General, and other relevant Federal agencies, shall 
provide for the deployment of approved counter-UAS 
detection systems, equipment, or technology within 
the terminal airspace of— 
(A) each large hub airport (as defined in 
section 47102 of title 49, United States Code), 
not later than 30 months after the publication 
of the performance requirements described in 
section 44810(e) of title 49, United States 
Code; 
(B) a minimum of 3 airports that each 
have a total annual landed weight of all-cargo 
of more than 7,500,000,000 pounds in 2021 or 
any year thereafter, not later than 12 months 
after the publication of the guidance described 
in subsection (a); and 
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(C) each medium hub airport (as defined 
in section 47102 of title 49, United States 
Code), not later than 4 years after the publica-
tion of the performance requirements described 
in section 44810(e) of title 49, United States 
Code. 
(2) PRE-DEPLOYMENT
ACTIVITIES.—The Ad-
ministrator of the Federal Aviation Administration, 
in consultation with the Federal Communications 
Commission, the National Telecommunications and 
Information Administration, and other Federal 
agencies as appropriate, shall conduct site-specific 
spectrum and suitability assessments for each se-
lected airport under the program, based on the spe-
cific counter-UAS detection systems, equipment, or 
technology intended to be deployed. 
(c) COUNTER-UAS MITIGATION AT AIRPORTS.— 
(1) ESTABLISHMENT.—Pursuant to the plan 
required in subsection (a), the Secretary of Home-
land Security, jointly with the Administrator of the 
Federal Aviation Administration and in coordination 
with the Attorney General, shall, subject to the 
availability of appropriations, establish a pilot pro-
gram to assess the feasibility of deploying approved 
counter-UAS mitigation systems, equipment, and 
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technology capable of mitigating unmanned aircraft 
and unmanned aircraft systems for purposes of re-
sponding to a persistent disruption of air traffic op-
erations caused by unauthorized unmanned aircraft 
system activity. 
(2) DEPLOYMENT
OF
COUNTER-UAS
MITIGA-
TION SYSTEMS.—The pilot program shall include de-
ployment of approved counter-UAS mitigation sys-
tems, equipment, or technology at up to 5 covered 
airports not later than 2 years after the publication 
of the performance requirements described in section 
44810(e) of title 49, United States Code. 
(3) SELECTION.—The Administrator shall pro-
vide the Secretary of Homeland Security a list of 
covered airports eligible for inclusion in the pilot 
program, based on the suitability of each such air-
port for counter-UAS system, equipment, or tech-
nology deployment. 
(4) PRE-DEPLOYMENT
ACTIVITIES.—The Ad-
ministrator shall, in consultation with the Federal 
Communications Commission, the National Tele-
communications and Information Administration, 
and other Federal agencies as appropriate, conduct 
site-specific spectrum and suitability assessments for 
each selected airport under the program, based on 
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the specific counter-UAS mitigation systems, equip-
ment, or technology to be deployed, prior to the op-
eration of such systems at each selected airport. 
(5) LIMITATIONS ON MITIGATION ACTIVITIES.— 
(A) AUTHORIZATION OF MITIGATION.—No 
activity to mitigate the operation of an un-
manned aircraft or unmanned aircraft system 
under the pilot program may be carried out 
without authorization from both the Secretary 
of Homeland Security and the Administrator. 
(B) EMERGENCY, TEMPORARY
DEPLOY-
MENT.—The Secretary of Homeland Security or 
the Administrator, may, on a case-by-case 
basis, authorize an emergency, temporary de-
ployment and operation of systems, equipment, 
or technology capable of mitigating unmanned 
aircraft and unmanned aircraft systems to a 
public airport (as defined under section 47102 
of title 49, United States Code) not partici-
pating in the pilot program for purposes of re-
sponding to a persistent disruption of air traffic 
operations caused by unauthorized unmanned 
aircraft system activity. 
(d) SITE SPECIFIC PLANNING.— 
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(1) IN GENERAL.—Prior to the deployment and 
operation of a counter-UAS detection or mitigation 
system, equipment, or technology at an airport as 
described in subsection (b) and paragraph (1) of 
subsection (c), the Secretary and the Administrator 
shall coordinate with airport personnel, air traffic 
personnel, State law enforcement, and other relevant 
stakeholders to develop a site-specific plan for the 
use of counter-UAS detection and mitigation sys-
tems, equipment, or technology at such airport. 
(2) RESPONSIBILITIES.—A plan required under 
paragraph (1) shall include— 
(A) roles and responsibilities of— 
(i) Federal agency personnel, includ-
ing air traffic control personnel; 
(ii) airport law enforcement and secu-
rity personnel; 
(iii) State law enforcement personnel; 
(iv) other relevant airport personnel, 
as determined by the Secretary and the 
Administrator; and 
(v) any other stakeholder in a ter-
minal airspace the Secretary and Adminis-
trator determine appropriate; 
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(B) operational procedures, protocols, poli-
cies, and guidelines pertaining to the deploy-
ment, use, and maintenance of such systems, 
equipment, or technology; 
(C) the operational approval process by 
which such systems, equipment, or technology 
may be actively deployed and operated; 
(D) reporting requirements associated with 
the use of such systems, equipment, or tech-
nology; 
(E) initial and recurring counter-UAS op-
erator training requirements; 
(F) appropriate consideration of, and up-
dates to, counter-UAS emergency response 
plans for an airport; and 
(G) any other content as determined nec-
essary by the Secretary and the Administrator. 
(e) DEFINITIONS.—In this section: 
(1) APPROVED COUNTER-UAS DETECTION SYS-
TEM DEFINED.—The term ‘‘approved counter-UAS 
detection system’’ means a system approved under 
section 210G(b)(4) of the Homeland Security Act of 
2002 (6 U.S.C. 124n(b)(4)) and that meets the min-
imum performance requirements established pursu-
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ant to section 44810(e) of title 49, United States 
Code. 
(2) APPROVED COUNTER-UAS MITIGATION SYS-
TEM DEFINED.—The term ‘‘approved counter-UAS 
mitigation system’’ means a system approved under 
section 210G(b)(4) of the Homeland Security Act of 
2002 (6 U.S.C. 124n(b)(4)) and that meets the min-
imum performance requirements established pursu-
ant to section 44810(e) of title 49, United States 
Code. 
SEC. 8. UAS DETECTION AND MITIGATION ENFORCEMENT 
AUTHORITY. 
(a) IN GENERAL.—Chapter 448 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 44815. Unmanned aircraft system detection and 
mitigation enforcement 
‘‘(a) PROHIBITION.— 
‘‘(1) IN GENERAL.—No person may carelessly 
or recklessly operate a system, equipment, or tech-
nology to detect, identify, monitor, track, or mitigate 
an unmanned aircraft system or unmanned aircraft 
in a manner that adversely impacts or interferes 
with safe airport operations, navigation, or air traf-
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fic services, or the safe and efficient operation of the 
national airspace system. 
‘‘(2) ACTIONS BY THE ADMINISTRATOR.—The 
Administrator of the Federal Aviation Administra-
tion may take such action as may be necessary to 
address the adverse impacts or interference of oper-
ations that violate paragraph (1). 
‘‘(b) RULE OF CONSTRUCTION.—The term ‘person’ 
as used in this section does not include— 
‘‘(1) the Federal Government or any bureau, 
department, instrumentality, or other agency of the 
Federal Government; or 
‘‘(2) an officer, employee, or contractor of the 
Federal Government or any bureau, department, in-
strumentality, or other agency of the Federal Gov-
ernment if the officer, employee, or contractor is au-
thorized by the Federal Government or any bureau, 
department, instrumentality, or other agency of the 
Federal Government to operate a system or tech-
nology referred to in subsection (a)(1).’’. 
(b) PENALTIES RELATING TO THE OPERATION OF 
UNMANNED AIRCRAFT SYSTEM DETECTION AND MITIGA-
TION TECHNOLOGIES.—Section 46301(a) of title 49, 
United States Code, is amended by adding at the end the 
following: 
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‘‘(8) PENALTIES RELATING TO THE OPERATION 
OF UNMANNED AIRCRAFT SYSTEM DETECTION AND 
MITIGATION
TECHNOLOGIES.—Notwithstanding 
paragraphs (1) and (5) of subsection (a), the max-
imum civil penalty for a violation of section 44815 
committed by a person described in such section, in-
cluding an individual or small business concern, shall 
be the maximum civil penalty authorized under sub-
section (a)(1) of this section for persons other than 
an individual or small business concern.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 448 of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘44815. Drone system detection and mitigation enforcement.’’. 
SEC. 9. REPORTING ON COUNTER-UAS ACTIVITIES. 
(a) REQUIREMENT.—Not later than 180 days after 
the date of enactment of this Act, and annually thereafter, 
the Secretary of Homeland Security shall issue, in coordi-
nation with the Administrator of the Federal Aviation Ad-
ministration and the Attorney General, a public report 
summarizing the results of all counter-UAS detection and 
mitigation activities conducted pursuant to this Act during 
the previous year. 
(b) CONTENTS.—The report under subsection (a) 
shall include— 
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(1) information on any a violation of, or failure 
to comply with, this Act or the amendments made 
by this Act by personnel authorized to conduct de-
tection and mitigation activities, including a descrip-
tion of any such violation or failure; 
(2) data on the number of detection activities 
conducted, the number of mitigation activities con-
ducted, and the number of instances of communica-
tions interception from an unmanned aircraft sys-
tem; 
(3) whether any unmanned aircraft that experi-
enced mitigation was engaged in First Amendment- 
protected activities, and whether any unmanned air-
craft or unmanned aircraft systems were properly or 
improperly seized, disabled, damaged, or destroyed 
as well as methods used to seize, disable, damage, or 
destroy such aircraft or systems; and 
(4) a description of the efforts of the Federal 
Government to protect privacy and civil liberties 
when carrying out counter-UAS detection and miti-
gation activities. 
(c) FORM.—The Secretary shall submit each report 
under subsection (a) in unclassified form and post such 
report on a publicly available website. 
Æ 
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