I 
118TH CONGRESS 
1ST SESSION H. R. 4333 
To enhance the authority granted to the Department of Homeland Security 
and Department of Justice with respect to unmanned aircraft systems 
and unmanned aircraft, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 23, 2023 
Ms. HOULAHAN (for herself, Mr. GALLAGHER, Mr. CARTER of Louisiana, and 
Mr. JOHNSON of Louisiana) introduced the following bill; which was re-
ferred to the Committee on the Judiciary, and in addition to the Commit-
tees on Transportation and Infrastructure, Homeland Security, and En-
ergy and Commerce, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To enhance the authority granted to the Department of 
Homeland Security and Department of Justice with re-
spect to unmanned aircraft systems and unmanned air-
craft, 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. 
This Act may be cited as the ‘‘Safeguarding the 
Homeland from the Threats Posed by Unmanned Aircraft 
Systems Act of 2023’’. 
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SEC. 2. DEPARTMENT OF HOMELAND SECURITY AND DE-
PARTMENT OF JUSTICE UNMANNED AIR-
CRAFT SYSTEM DETECTION AND MITIGATION 
ENFORCEMENT AUTHORITY. 
Subtitle A of title II of the Homeland Security Act 
of 2002 (6 U.S.C. 121 et seq.) is amended by striking 
section 210G (6 U.S.C. 124n) and inserting the following: 
‘‘SEC. 210G. PROTECTION OF CERTAIN FACILITIES AND AS-
SETS FROM UNMANNED AIRCRAFT. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) The term ‘air navigation facility’ has the 
meaning given the term in section 40102(a) of title 
49, United States Code. 
‘‘(2) The term ‘airport’ has the meaning given 
the term in section 47102 of title 49, United Sates 
Code. 
‘‘(3) The term ‘appropriate committees of Con-
gress’ means— 
‘‘(A) the Committee on Homeland Security 
and Governmental Affairs, the Committee on 
Commerce, Science, and Transportation, and 
the Committee on the Judiciary of the Senate; 
and 
‘‘(B) the Committee on Homeland Secu-
rity, the Committee on Transportation and In-
frastructure, the Committee on Oversight and 
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Accountability, the Committee on Energy and 
Commerce, and the Committee on the Judiciary 
of the House of Representatives. 
‘‘(4) The term ‘budget’, with respect to a fiscal 
year, means the budget for that fiscal year that is 
submitted to Congress by the President under sec-
tion 1105(a) of title 31, United States Code. 
‘‘(5) The term ‘covered facility or asset’ means 
any facility or asset that— 
‘‘(A) is identified as high-risk and a poten-
tial target for unlawful unmanned aircraft or 
unmanned aircraft system activity by the Sec-
retary or the Attorney General, or by the chief 
executive of the jurisdiction in which a State, 
local, Tribal, or territorial law enforcement 
agency designated pursuant to subsection (d)(2) 
operates after review and approval of the Sec-
retary or the Attorney General, in coordination 
with the Secretary of Transportation with re-
spect to potentially impacted airspace, through 
a risk-based assessment for purposes of this 
section (except that in the case of the missions 
described in clauses (i)(II) and (iii)(I) of sub-
paragraph (C), such missions shall be presumed 
to be for the protection of a facility or asset 
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that is assessed to be high-risk and a potential 
target for unlawful unmanned aircraft or un-
manned aircraft system activity); 
‘‘(B) is located in the United States; and 
‘‘(C) directly relates to 1 or more— 
‘‘(i) missions authorized to be per-
formed by the Department, consistent with 
governing statutes, regulations, and orders 
issued by the Secretary, pertaining to— 
‘‘(I) security or protection func-
tions of U.S. Customs and Border 
Protection, including securing or pro-
tecting facilities, aircraft, and vessels, 
whether moored or underway; 
‘‘(II) United States Secret Serv-
ice protection operations pursuant to 
sections 3056(a) and 3056A(a) of title 
18, United States Code, and the Pres-
idential Protection Assistance Act of 
1976 (18 U.S.C. 3056 note); 
‘‘(III) protection of facilities pur-
suant to section 1315(a) of title 40, 
United States Code; 
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‘‘(IV) 
transportation 
security 
functions of the Transportation Secu-
rity Administration; or 
‘‘(V) the security or protection 
functions for facilities, assets, and op-
erations of Homeland Security Inves-
tigations; 
‘‘(ii) missions authorized to be per-
formed by the Department of Justice, con-
sistent with governing statutes, regula-
tions, and orders issued by the Attorney 
General, pertaining to— 
‘‘(I) personal protection oper-
ations by— 
‘‘(aa) the Federal Bureau of 
Investigation as specified in sec-
tion 533 of title 28, United 
States Code; or 
‘‘(bb) the United States 
Marshals Service as specified in 
section 566 of title 28, United 
States Code; 
‘‘(II) protection of penal, deten-
tion, and correctional facilities and 
operations conducted by the Federal 
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Bureau of Prisons and prisoner oper-
ations and transport conducted by the 
United States Marshals Service; 
‘‘(III) protection of the buildings 
and grounds leased, owned, or oper-
ated by or for the Department of Jus-
tice, and the provision of security for 
Federal courts, as specified in section 
566 of title 28, United States Code; 
or 
‘‘(IV) protection of an airport or 
air navigation facility; 
‘‘(iii) missions authorized to be per-
formed by the Department or the Depart-
ment of Justice, acting together or sepa-
rately, consistent with governing statutes, 
regulations, and orders issued by the Sec-
retary or the Attorney General, respec-
tively, pertaining to— 
‘‘(I) protection of National Spe-
cial Security Events and Special 
Event Assessment Rating events; 
‘‘(II) the provision of support to 
a State, local, Tribal, or territorial law 
enforcement agency, upon request of 
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the chief executive officer of the State 
or territory, to ensure protection of 
people and property at mass gath-
erings, that is limited to a specified 
duration and location, within available 
resources, and without delegating any 
authority under this section to State, 
local, Tribal, or territorial law en-
forcement; 
‘‘(III) protection of an active 
Federal law enforcement investigation, 
emergency response, or security func-
tion, that is limited to a specified du-
ration and location; or 
‘‘(IV) the provision of security or 
protection support to critical infra-
structure owners or operators, for 
static critical infrastructure facilities 
and assets upon the request of the 
owner or operator; 
‘‘(iv) missions authorized to be per-
formed by the United States Coast Guard, 
including those described in clause (iii) as 
directed by the Secretary, and as further 
set forth in section 528 of title 14, United 
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States Code, and consistent with governing 
statutes, regulations, and orders issued by 
the Secretary of the Department in which 
the Coast Guard is operating; and 
‘‘(v) responsibilities of State, local, 
Tribal, and territorial law enforcement 
agencies designated pursuant to subsection 
(d)(2) pertaining to— 
‘‘(I) protection of National Spe-
cial Security Events and Special 
Event Assessment Rating events or 
other mass gatherings in the jurisdic-
tion of the State, local, Tribal, or ter-
ritorial law enforcement agency; 
‘‘(II) protection of critical infra-
structure assessed by the Secretary as 
high-risk for unmanned aircraft sys-
tems or unmanned aircraft attack or 
disruption, including airports in the 
jurisdiction of the State, local, Tribal, 
or territorial law enforcement agency; 
‘‘(III) protection of government 
buildings, assets, or facilities in the 
jurisdiction of the State, local, Tribal, 
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or territorial law enforcement agency; 
or 
‘‘(IV) protection of disaster re-
sponse in the jurisdiction of the State, 
local, Tribal, or territorial law en-
forcement agency. 
‘‘(6) The term ‘critical infrastructure’ has the 
meaning given the term in section 1016(e) of the 
Critical Infrastructure Protection Act of 2001 (42 
U.S.C. 5195c(e)). 
‘‘(7) The terms ‘electronic communication’, 
‘intercept’, ‘oral communication’, and ‘wire commu-
nication’ have the meanings given those terms in 
section 2510 of title 18, United States Code. 
‘‘(8) The term ‘homeland security or justice 
budget materials’, with respect to a fiscal year, 
means the materials submitted to Congress by the 
Secretary and the Attorney General in support of 
the budget for that fiscal year. 
‘‘(9)(A) The term ‘personnel’ means— 
‘‘(i) an officer, employee, or contractor of 
the Department or the Department of Justice, 
who is authorized to perform duties that include 
safety, security, or protection of people, facili-
ties, or assets; or 
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‘‘(ii) an employee who— 
‘‘(I) is authorized to perform law en-
forcement and security functions on behalf 
of a State, local, Tribal, or territorial law 
enforcement agency designated under sub-
section (d)(2); and 
‘‘(II) is trained and certified to per-
form those duties, including training spe-
cific to countering unmanned aircraft 
threats and mitigating risks in the national 
airspace, including with respect to pro-
tecting privacy and civil liberties. 
‘‘(B) To qualify for use of the authorities de-
scribed in subsection (b) or (c), respectively, a con-
tractor conducting operations described in those sub-
sections shall— 
‘‘(i) be directly contracted by the Depart-
ment or the Department of Justice; 
‘‘(ii) operate at a government-owned or 
government-leased facility or asset; 
‘‘(iii) not conduct inherently governmental 
functions; 
‘‘(iv) be trained to safeguard privacy and 
civil liberties; and 
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‘‘(v) be trained and certified by the De-
partment or the Department of Justice to meet 
the established guidance and regulations of the 
Department or the Department of Justice, re-
spectively. 
‘‘(C) For purposes of subsection (c)(1), the 
term ‘personnel’ includes any officer, employee, or 
contractor who is authorized to perform duties that 
include the safety, security, or protection of people, 
facilities, or assets, of— 
‘‘(i) a State, local, Tribal, or territorial law 
enforcement agency; and 
‘‘(ii) an owner or operator of an airport or 
critical infrastructure. 
‘‘(10) The term ‘risk-based assessment’ means 
an evaluation of threat information specific to a cov-
ered facility or asset and, with respect to potential 
impacts on the safety and efficiency of the national 
airspace system and the needs of law enforcement 
and national security at each covered facility or 
asset identified by the Secretary or the Attorney 
General, respectively, of each of the following fac-
tors: 
‘‘(A) Potential impacts to safety, efficiency, 
and use of the national airspace system, includ-
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ing potential effects on manned aircraft and un-
manned aircraft systems or unmanned aircraft, 
aviation safety, airport operations, infrastruc-
ture, and air navigation services relating to the 
use of any system or technology for carrying 
out the actions described in subsection (e)(2). 
‘‘(B) Options for mitigating any identified 
impacts to the national airspace system relating 
to the use of any system or technology, includ-
ing minimizing, when possible, the use of any 
technology that disrupts the transmission of 
radio or electronic signals, for carrying out the 
actions described in subsection (e)(2). 
‘‘(C) Potential consequences of the impacts 
of any actions taken under subsection (e)(2) to 
the national airspace system and infrastructure 
if not mitigated. 
‘‘(D) The ability to provide reasonable ad-
vance notice to aircraft operators consistent 
with the safety of the national airspace system 
and the needs of law enforcement and national 
security. 
‘‘(E) The setting and character of any cov-
ered facility or asset, including— 
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‘‘(i) whether the covered facility or 
asset is located in a populated area or near 
other structures; 
‘‘(ii) whether the covered facility or 
asset is open to the public; 
‘‘(iii) whether the covered facility or 
asset is used for nongovernmental func-
tions; and 
‘‘(iv) any potential for interference 
with wireless communications or for injury 
or damage to persons or property. 
‘‘(F) The setting, character, duration, and 
national airspace system impacts of National 
Special Security Events and Special Event As-
sessment Rating events, to the extent not al-
ready discussed in the National Special Security 
Event and Special Event Assessment Rating 
nomination process. 
‘‘(G) Potential consequences to national se-
curity, public safety, or law enforcement if 
threats posed by unmanned aircraft systems or 
unmanned aircraft are not mitigated or de-
feated. 
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‘‘(H) Civil rights and civil liberties guaran-
teed by the First and Fourth Amendments to 
the Constitution of the United States. 
‘‘(11) The terms ‘unmanned aircraft’ and ‘un-
manned aircraft system’ have the meanings given 
those terms in section 44801 of title 49, United 
States Code. 
‘‘(b) AUTHORITY OF THE DEPARTMENT OF HOME-
LAND SECURITY AND DEPARTMENT OF JUSTICE.—Not-
withstanding section 46502 of title 49, United States 
Code, or sections 32, 1030, 1367, and chapters 119 and 
206 of title 18, United States Code, the Secretary and 
the Attorney General may, for their respective Depart-
ments, take, and may authorize personnel with assigned 
duties that include the safety, security, or protection of 
people, facilities, or assets to take, actions described in 
subsection (e)(2) that are necessary to detect, identify, 
monitor, track, and mitigate a credible threat (as defined 
by the Secretary and the Attorney General, in consultation 
with the Secretary of Transportation, acting through the 
Administrator of the Federal Aviation Administration) 
that an unmanned aircraft system or unmanned aircraft 
poses to the safety or security of a covered facility or asset. 
‘‘(c) ADDITIONAL LIMITED AUTHORITY FOR DETEC-
TION, IDENTIFICATION, MONITORING, AND TRACKING.— 
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‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), and notwithstanding sections 1030 and 
1367 and chapters 119 and 206 of title 18, United 
States Code, any State, local, Tribal, or territorial 
law enforcement agency, the Department of Justice, 
the Department, and any owner or operator of an 
airport or critical infrastructure may authorize per-
sonnel, with assigned duties that include the safety, 
security, or protection of people, facilities, or assets, 
to use equipment authorized under this subsection to 
take actions described in subsection (e)(1) that are 
necessary to detect, identify, monitor, or track an 
unmanned aircraft system or unmanned aircraft 
within the respective areas of responsibility or juris-
diction of the authorized personnel. 
‘‘(2) AUTHORIZED
EQUIPMENT.—Equipment 
authorized for unmanned aircraft system detection, 
identification, monitoring, or tracking under this 
subsection shall be limited to systems or tech-
nologies— 
‘‘(A) tested and evaluated by the Depart-
ment or the Department of Justice, including 
evaluation of any potential counterintelligence 
or cybersecurity risks; 
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‘‘(B) that are annually reevaluated for any 
changes in risks, including counterintelligence 
and cybersecurity risks; 
‘‘(C) determined by the Federal Commu-
nications Commission and the National Tele-
communications and Information Administra-
tion not to adversely impact the use of the com-
munications spectrum; 
‘‘(D) determined by the Federal Aviation 
Administration not to adversely impact the use 
of the aviation spectrum or otherwise adversely 
impact the national airspace system; and 
‘‘(E) that are included on a list of author-
ized equipment maintained by the Department, 
in coordination with the Department of Justice, 
the Federal Aviation Administration, the Fed-
eral Communications Commission, and the Na-
tional Telecommunications and Information Ad-
ministration. 
‘‘(3) STATE, LOCAL, TRIBAL, AND TERRITORIAL 
COMPLIANCE.—Each State, local, Tribal, or terri-
torial law enforcement agency or owner or operator 
of an airport or critical infrastructure acting pursu-
ant to this subsection shall— 
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‘‘(A) prior to any such action, issue a writ-
ten policy certifying compliance with the privacy 
protections of subparagraphs (A) through (D) 
of subsection (j)(2); 
‘‘(B) certify compliance with such policy to 
the Secretary and the Attorney General annu-
ally, and immediately notify the Secretary and 
Attorney General of any noncompliance with 
such policy or the privacy protections of sub-
paragraphs (A) through (D) of subsection 
(j)(2); and 
‘‘(C) comply with any additional guidance 
issued by the Secretary or the Attorney General 
relating to implementation of this subsection. 
‘‘(4) PROHIBITION.—Nothing in this subsection 
shall be construed to authorize the taking of any ac-
tion described in subsection (e) other than the ac-
tions described in paragraph (1) of that subsection. 
‘‘(d) PILOT PROGRAM FOR STATE, LOCAL, TRIBAL, 
AND TERRITORIAL LAW ENFORCEMENT.— 
‘‘(1) IN GENERAL.—The Secretary and the At-
torney General may carry out a pilot program to 
evaluate the potential benefits of State, local, Tribal, 
and territorial law enforcement agencies taking ac-
tions that are necessary to mitigate a credible threat 
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(as defined by the Secretary and the Attorney Gen-
eral, in consultation with the Secretary of Transpor-
tation, acting through the Administrator of the Fed-
eral Aviation Administration) that an unmanned air-
craft system or unmanned aircraft poses to the safe-
ty or security of a covered facility or asset. 
‘‘(2) DESIGNATION.— 
‘‘(A) IN GENERAL.—The Secretary or the 
Attorney General, with the concurrence of the 
Secretary of Transportation (acting through the 
Administrator of the Federal Aviation Adminis-
tration), may, under the pilot program estab-
lished under paragraph (1), designate 1 or 
more State, local, Tribal, or territorial law en-
forcement agencies approved by the respective 
chief executive officer of the State, local, Tribal, 
or territorial law enforcement agency to engage 
in the activities authorized in paragraph (4) 
under the direct oversight of the Department or 
the Department of Justice, in carrying out the 
responsibilities authorized under subsection 
(a)(5)(C)(v). 
‘‘(B) DESIGNATION PROCESS.— 
‘‘(i) NUMBER OF AGENCIES AND DU-
RATION.—On and after the date that is 
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180 days after the date of enactment of 
the Safeguarding the Homeland from the 
Threats Posed by Unmanned Aircraft Sys-
tems Act of 2023, the Secretary and the 
Attorney General, pursuant to subpara-
graph (A), may designate a combined total 
of not more than 12 State, local, Tribal, 
and territorial law enforcement agencies 
for participation in the pilot program, and 
may designate 12 additional State, local, 
Tribal, and territorial law enforcement 
agencies each year thereafter, provided 
that not more than 60 State, local, Tribal, 
and territorial law enforcement agencies in 
total may be designated during the 5-year 
period of the pilot program. 
‘‘(ii) 
REVOCATION.—The 
Secretary 
and the Attorney General, in consultation 
with the Secretary of Transportation (act-
ing through the Administrator of the Fed-
eral Aviation Administration)— 
‘‘(I) may revoke a designation 
under subparagraph (A) if the Sec-
retary, Attorney General, and Sec-
retary 
of 
Transportation 
(acting 
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through the Administrator of the Fed-
eral Aviation Administration) concur 
in the revocation; and 
‘‘(II) shall revoke a designation 
under subparagraph (A) if the Sec-
retary, the Attorney General, or the 
Secretary of Transportation (acting 
through the Administrator of the Fed-
eral Aviation Administration) with-
draws concurrence. 
‘‘(3) TERMINATION OF PILOT PROGRAM.— 
‘‘(A) DESIGNATION.—The authority to 
designate an agency for inclusion in the pilot 
program established under this subsection shall 
terminate 5 years after the date that is 180 
days after the date of enactment of the Safe-
guarding the Homeland from the Threats Posed 
by Unmanned Aircraft Systems Act of 2023. 
‘‘(B) AUTHORITY
OF
PILOT
PROGRAM 
AGENCIES.—The authority of an agency des-
ignated under the pilot program established 
under this subsection to exercise any of the au-
thorities granted under the pilot program shall 
terminate not later than 6 years after the date 
that is 180 days after the date of enactment of 
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the Safeguarding the Homeland from the 
Threats Posed by Unmanned Aircraft Systems 
Act of 2023, or upon revocation pursuant to 
paragraph (2)(B)(ii). 
‘‘(4) AUTHORIZATION.—Notwithstanding sec-
tion 46502 of title 49, United States Code, or sec-
tions 32, 1030, 1367 and chapters 119 and 206 of 
title 18, United States Code, any State, local, Trib-
al, or territorial law enforcement agency designated 
pursuant to paragraph (2) may authorize personnel 
with assigned duties that include the safety, secu-
rity, or protection of people, facilities, or assets to 
take such actions as are described in subsection 
(e)(2) that are necessary to detect, identify, monitor, 
track, or mitigate a credible threat (as defined by 
the Secretary and the Attorney General, in consulta-
tion with the Secretary of Transportation, acting 
through the Administrator of the Federal Aviation 
Administration) that an unmanned aircraft system 
or unmanned aircraft poses to the safety or security 
of a covered facility or asset in carrying out the re-
sponsibilities 
authorized 
under 
subsection 
(a)(5)(C)(v). 
‘‘(5) EXEMPTION.— 
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‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Chair of the Federal Commu-
nications Commission, in consultation with the 
Administrator of the National Telecommuni-
cations and Information Administration, shall 
implement a process for considering the exemp-
tion of 1 or more law enforcement agencies des-
ignated under paragraph (2), or any station op-
erated by the agency, from any provision of title 
III of the Communications Act of 1934 (47 
U.S.C. 151 et seq.) to the extent that the des-
ignated law enforcement agency takes such ac-
tions as are described in subsection (e)(2) and 
may establish conditions or requirements for 
such exemption. 
‘‘(B) REQUIREMENTS.—The Chair of the 
Federal Communications Commission, in con-
sultation with the Administrator of the Na-
tional Telecommunications and Information Ad-
ministration, may grant an exemption under 
subparagraph (A) only if the Chair of the Fed-
eral Communications Commission in consulta-
tion with the Administrator of the National 
Telecommunications and Information Adminis-
tration finds that the grant of an exemption— 
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‘‘(i) is necessary to achieve the pur-
poses of this subsection; and 
‘‘(ii) will serve the public interest. 
‘‘(C) REVOCATION.—Any exemption grant-
ed under subparagraph (A) shall terminate 
automatically if the designation granted to the 
law enforcement 
agency 
under 
paragraph 
(2)(A) is revoked by the Secretary or the Attor-
ney General under paragraph (2)(B)(ii) or is 
terminated under paragraph (3)(B). 
‘‘(6) REPORTING.—Not later than 2 years after 
the date on which the first law enforcement agency 
is designated under paragraph (2), and annually 
thereafter for the duration of the pilot program, the 
Secretary and the Attorney General shall inform the 
appropriate committees of Congress in writing of the 
use by any State, local, Tribal, or territorial law en-
forcement agency of any authority granted pursuant 
to paragraph (4), including a description of any pri-
vacy or civil liberties complaints known to the Sec-
retary or Attorney General in connection with the 
use of that authority by the designated agencies. 
‘‘(7) RESTRICTIONS.—Any entity acting pursu-
ant to the authorities granted under this sub-
section— 
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‘‘(D) shall comply with any additional 
guidance relating to compliance with this sub-
section issued by the Secretary or Attorney 
General. 
‘‘(e) ACTIONS DESCRIBED.— 
‘‘(1) IN
GENERAL.—The actions authorized 
under subsection (c) that may be taken by a State, 
local, Tribal, or territorial law enforcement agency, 
the Department, the Department of Justice, and any 
owner or operator of an airport or critical infrastruc-
ture, are limited to actions during the operation of 
an unmanned aircraft system, to detect, identify, 
monitor, and track the unmanned aircraft system or 
unmanned aircraft, without prior consent, including 
by means of intercept or other access of a wire com-
munication, an oral communication, or an electronic 
communication used to control the unmanned air-
craft system or unmanned aircraft. 
‘‘(2) CLARIFICATION.—The actions authorized 
in subsections (b) and (d)(4) are the following: 
‘‘(A) During the operation of the un-
manned aircraft system or unmanned aircraft, 
detect, identify, monitor, and track the un-
manned aircraft system or unmanned aircraft, 
without prior consent, including by means of 
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intercept or other access of a wire communica-
tion, an oral communication, or an electronic 
communication used to control the unmanned 
aircraft system or unmanned aircraft. 
‘‘(B) Warn the operator of the unmanned 
aircraft system or unmanned aircraft, including 
by passive or active, and direct or indirect, 
physical, electronic, radio, and electromagnetic 
means. 
‘‘(C) Disrupt control of the unmanned air-
craft system or unmanned aircraft, without 
prior consent of the operator of the unmanned 
aircraft system or unmanned aircraft, including 
by disabling the unmanned aircraft system or 
unmanned aircraft by intercepting, interfering, 
or causing interference with wire, oral, elec-
tronic, or radio communications used to control 
the unmanned aircraft system or unmanned air-
craft. 
‘‘(D) Seize or exercise control of the un-
manned aircraft system or unmanned aircraft. 
‘‘(E) Seize or otherwise confiscate the un-
manned aircraft system or unmanned aircraft. 
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‘‘(F) Use reasonable force, if necessary, to 
disable, damage, or destroy the unmanned air-
craft system or unmanned aircraft. 
‘‘(f) RESEARCH, TESTING, TRAINING, AND EVALUA-
TION.— 
‘‘(1) REQUIREMENT.— 
‘‘(A) IN GENERAL.—Notwithstanding sec-
tion 46502 of title 49, United States Code, or 
any provision of title 18, United States Code, 
the Secretary, the Attorney General, and the 
heads of the State, local, Tribal, or territorial 
law enforcement agencies designated pursuant 
to subsection (d)(2) shall conduct research, 
testing, and training on, and evaluation of, any 
equipment, including any electronic equipment, 
to determine the capability and utility of the 
equipment prior to the use of the equipment in 
carrying out any action described in subsection 
(e). 
‘‘(B) COORDINATION.—Personnel and con-
tractors who do not have duties that include the 
safety, security, or protection of people, facili-
ties, or assets may engage in research, testing, 
training, and evaluation activities pursuant to 
subparagraph (A). 
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‘‘(2) TRAINING
OF
FEDERAL, STATE, LOCAL, 
TERRITORIAL, 
AND
TRIBAL
LAW
ENFORCEMENT 
PERSONNEL.—The Attorney General, acting through 
the Director of the Federal Bureau of Investigation, 
may— 
‘‘(A) provide training relating to measures 
to mitigate a credible threat that an unmanned 
aircraft or unmanned aircraft system poses to 
the safety or security of a covered facility or 
asset to any personnel who are authorized to 
take such measures, including personnel author-
ized to take the actions described in subsection 
(e); and 
‘‘(B) establish or designate 1 or more fa-
cilities or training centers for the purpose de-
scribed in subparagraph (A). 
‘‘(3) COORDINATION FOR RESEARCH, TESTING, 
TRAINING, AND EVALUATION.— 
‘‘(A) IN
GENERAL.—The Secretary, the 
Attorney General, and the heads of the State, 
local, Tribal, or territorial law enforcement 
agencies designated pursuant to subsection 
(d)(2) shall coordinate procedures governing re-
search, testing, training, and evaluation to 
carry out any provision under this subsection 
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with the Administrator of the Federal Aviation 
Administration before initiating such activity in 
order that the Administrator of the Federal 
Aviation Administration may ensure the activity 
does not adversely impact or interfere with safe 
airport operations, navigation, air traffic serv-
ices, or the safe and efficient operation of the 
national airspace system. 
‘‘(B) ADDITIONAL
REQUIREMENT.—Each 
head of a State, local, Tribal, or territorial law 
enforcement agency designated pursuant to 
subsection (d)(2) shall coordinate the proce-
dures governing research, testing, training, and 
evaluation of the law enforcement agency 
through the Secretary and the Attorney Gen-
eral, in coordination with the Federal Aviation 
Administration. 
‘‘(g) FORFEITURE.—Any unmanned aircraft system 
or unmanned aircraft that is lawfully seized by the Sec-
retary or the Attorney General pursuant to subsection (b) 
is subject to forfeiture to the United States pursuant to 
the provisions of chapter 46 of title 18, United States 
Code. 
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‘‘(h) REGULATIONS AND GUIDANCE.—The Secretary, 
the Attorney General, and the Secretary of Transpor-
tation— 
‘‘(1) may prescribe regulations and shall issue 
guidance in the respective areas of each Secretary or 
the Attorney General to carry out this section; and 
‘‘(2) in developing regulations and guidance de-
scribed in paragraph (1), shall consult the Chair of 
the Federal Communications Commission, the Ad-
ministrator of the National Telecommunications and 
Information Administration, and the Administrator 
of the Federal Aviation Administration. 
‘‘(i) COORDINATION.— 
‘‘(1) IN GENERAL.—The Secretary and the At-
torney General shall coordinate with the Adminis-
trator of the Federal Aviation Administration before 
carrying out any action authorized under this section 
in order that the Administrator may ensure the ac-
tion does not adversely impact or interfere with— 
‘‘(A) safe airport operations; 
‘‘(B) navigation; 
‘‘(C) air traffic services; or 
‘‘(D) the safe and efficient operation of the 
national airspace system. 
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‘‘(2) GUIDANCE.—Before issuing any guidance, 
or otherwise implementing this section, the Secretary 
or the Attorney General shall each coordinate with— 
‘‘(A) the Secretary of Transportation in 
order that the Secretary of Transportation may 
ensure the guidance or implementation does not 
adversely impact or interfere with any critical 
infrastructure relating to transportation; and 
‘‘(B) the Administrator of the Federal 
Aviation Administration in order that the Ad-
ministrator may ensure the guidance or imple-
mentation does not adversely impact or inter-
fere with— 
‘‘(i) safe airport operations; 
‘‘(ii) navigation; 
‘‘(iii) air traffic services; or 
‘‘(iv) the safe and efficient operation 
of the national airspace system. 
‘‘(3) COORDINATION WITH THE FAA.—The Sec-
retary and the Attorney General shall coordinate the 
development of their respective guidance under sub-
section (h) with the Secretary of Transportation 
(acting through the Administrator of the Federal 
Aviation Administration). 
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‘‘(4) COORDINATION WITH THE DEPARTMENT 
OF
TRANSPORTATION
AND
NATIONAL
TELE-
COMMUNICATIONS AND INFORMATION ADMINISTRA-
TION.—The Secretary and the Attorney General, 
and the heads of any State, local, Tribal, or terri-
torial law enforcement agencies designated pursuant 
to subsection (d)(2), through the Secretary and the 
Attorney General, shall coordinate the development 
for their respective departments or agencies of the 
actions described in subsection (e) with the Sec-
retary of Transportation (acting through the Admin-
istrator of the Federal Aviation Administration), the 
Assistant Secretary of Commerce for Communica-
tions and Information, and the Administrator of the 
National Telecommunications and Information Ad-
ministration. 
‘‘(5) STATE, LOCAL, TRIBAL, AND TERRITORIAL 
IMPLEMENTATION.—Prior to taking any action au-
thorized under subsection (d)(4), each head of a 
State, local, Tribal, or territorial law enforcement 
agency designated under subsection (d)(2) shall co-
ordinate, through the Secretary and the Attorney 
General— 
‘‘(A) with the Secretary of Transportation 
in order that the Administrators of non-aviation 
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modes of the Department of Transportation 
may evaluate whether the action may have ad-
verse impacts on critical infrastructure relating 
to non-aviation transportation; 
‘‘(B) with the Administrator of the Federal 
Aviation Administration in order that the Ad-
ministrator may ensure the action will not ad-
versely impact or interfere with— 
‘‘(i) safe airport operations; 
‘‘(ii) navigation; 
‘‘(iii) air traffic services; or 
‘‘(iv) the safe and efficient operation 
of the national airspace system; and 
‘‘(C) to allow the Department and the De-
partment of Justice to ensure that any action 
authorized by this section is consistent with 
Federal law enforcement or in the interest of 
national security. 
‘‘(j) PRIVACY PROTECTION.— 
‘‘(1) IN GENERAL.—Any regulation or guidance 
issued to carry out an action under subsection (e) by 
the Secretary or the Attorney General shall ensure 
for the Department or the Department of Justice, 
respectively, that— 
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‘‘(A) the interception of, acquisition of, ac-
cess to, maintenance of, or use of any commu-
nication to or from an unmanned aircraft sys-
tem or unmanned aircraft under this section is 
conducted in a manner consistent with the First 
and Fourth Amendments to the Constitution of 
the United States and any applicable provision 
of Federal law; 
‘‘(B) any communication to or from an un-
manned aircraft system or unmanned aircraft 
are intercepted or acquired only to the extent 
necessary to support an action described in sub-
section (e); 
‘‘(C) any record of a communication de-
scribed in subparagraph (B) is maintained only 
for as long as necessary, and in no event for 
more than 180 days, unless the Secretary or 
the Attorney General, as applicable, determines 
that maintenance of the record is— 
‘‘(i) required under Federal law; 
‘‘(ii) necessary for the purpose of liti-
gation; and 
‘‘(iii) necessary to investigate or pros-
ecute a violation of law, including by— 
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‘‘(I) directly supporting an ongo-
ing security operation; or 
‘‘(II) protecting against dan-
gerous or unauthorized activity by un-
manned aircraft systems or unmanned 
aircraft; and 
‘‘(D) a communication described in sub-
paragraph (B) is not disclosed to any person 
not employed or contracted by the Department 
or the Department of Justice unless the disclo-
sure— 
‘‘(i) is necessary to investigate or 
prosecute a violation of law; 
‘‘(ii) will support— 
‘‘(I) the Department of Defense; 
‘‘(II) a Federal law enforcement, 
intelligence, or security agency; 
‘‘(III) a State, local, Tribal, or 
territorial law enforcement agency; or 
‘‘(IV) another relevant entity or 
person if the entity or person is en-
gaged in a security or protection oper-
ation; 
‘‘(iii) is necessary to support a depart-
ment or agency listed in clause (ii) in in-
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vestigating or prosecuting a violation of 
law; 
‘‘(iv) will support the enforcement ac-
tivities of a Federal regulatory agency re-
lating to a criminal or civil investigation of, 
or any regulatory, statutory, or other en-
forcement action relating to, an action de-
scribed in subsection (e); 
‘‘(v) is between the Department and 
the Department of Justice in the course of 
a security or protection operation of either 
department or a joint operation of those 
departments; or 
‘‘(vi) is otherwise required by law. 
‘‘(2) LOCAL
PRIVACY
PROTECTION.—In exer-
cising any authority described in subsection (c) or 
(d), a State, local, Tribal, or territorial law enforce-
ment agency designated under subsection (d)(2) or 
owner or operator of an airport or critical infrastruc-
ture shall ensure that— 
‘‘(A) the interception of, acquisition of, ac-
cess to, maintenance of, or use of communica-
tions to or from an unmanned aircraft system 
or unmanned aircraft under this section is con-
ducted in a manner consistent with— 
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‘‘(i) the First and Fourth Amend-
ments to the Constitution of the United 
States; and 
‘‘(ii) applicable provisions of Federal 
law, and where required, State, local, Trib-
al, and territorial law; 
‘‘(B) any communication to or from an un-
manned aircraft system or unmanned aircraft is 
intercepted or acquired only to the extent nec-
essary to support an action described in sub-
section (e); 
‘‘(C) any record of a communication de-
scribed in subparagraph (B) is maintained only 
for as long as necessary, and in no event for 
more than 180 days, unless the Secretary, the 
Attorney General, or the head of a State, local, 
Tribal, or territorial law enforcement agency 
designated under subsection (d)(2) determines 
that maintenance of the record is— 
‘‘(i) required to be maintained under 
Federal, State, local, Tribal, or territorial 
law; 
‘‘(ii) necessary for the purpose of any 
litigation; or 
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‘‘(iii) necessary to investigate or pros-
ecute a violation of law, including by— 
‘‘(I) directly supporting an ongo-
ing security or protection operation; 
or 
‘‘(II) protecting against dan-
gerous or unauthorized activity by an 
unmanned aircraft system or un-
manned aircraft; and 
‘‘(D) the communication is not disclosed 
outside the agency or entity unless the disclo-
sure— 
‘‘(i) is necessary to investigate or 
prosecute a violation of law; 
‘‘(ii) would support the Department of 
Defense, a Federal law enforcement, intel-
ligence, or security agency, or a State, 
local, Tribal, or territorial law enforcement 
agency; 
‘‘(iii) would support the enforcement 
activities of a Federal regulatory agency in 
connection with a criminal or civil inves-
tigation of, or any regulatory, statutory, or 
other enforcement action relating to, an 
action described in subsection (e); 
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‘‘(iv) is to the Department or the De-
partment of Justice in the course of a se-
curity or protection operation of either the 
Department or the Department of Justice, 
or a joint operation of the Department and 
Department of Justice; or 
‘‘(v) is otherwise required by law. 
‘‘(k) BUDGET.— 
‘‘(1) IN GENERAL.—The Secretary and the At-
torney General shall submit to Congress, as a part 
of the homeland security or justice budget materials 
for each fiscal year after fiscal year 2024, a consoli-
dated funding display that identifies the funding 
source for the actions described in subsection (e) 
within the Department and the Department of Jus-
tice. 
‘‘(2) CLASSIFICATION.—Each funding display 
submitted under paragraph (1) shall be in unclassi-
fied form but may contain a classified annex. 
‘‘(l) PUBLIC DISCLOSURES.— 
‘‘(1) IN GENERAL.—Notwithstanding any provi-
sion of State, local, Tribal, or territorial law, infor-
mation shall be governed by the disclosure obliga-
tions set forth in section 552 of title 5, United 
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States Code (commonly known as the ‘Freedom of 
Information Act’), if the information relates to— 
‘‘(A) any capability, limitation, or sensitive 
detail of the operation of any technology used 
to carry out an action described in subsection 
(e)(1) of this section; or 
‘‘(B) an operational procedure or protocol 
used to carry out this section. 
‘‘(2) STATE, LOCAL, TRIBAL, OR TERRITORIAL 
AGENCY USE.— 
‘‘(A) CONTROL.—Information described in 
paragraph (1) that is obtained by a State, local, 
Tribal, or territorial law enforcement agency 
from a Federal agency under this section— 
‘‘(i) shall remain subject to the con-
trol of the Federal agency, notwithstanding 
that the State, local, Tribal, or territorial 
law enforcement agency has the informa-
tion described in paragraph (1) in the pos-
session of the State, local, Tribal, or terri-
torial law enforcement agency; and 
‘‘(ii) shall not be subject to any State, 
local, Tribal, or territorial law authorizing 
or requiring disclosure of the information 
described in paragraph (1). 
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‘‘(B) ACCESS.—Any request for public ac-
cess to information described in paragraph (1) 
shall be submitted to the originating Federal 
agency, which shall process the request as re-
quired under section 552(a)(3) of title 5, 
United States Code. 
‘‘(m) ASSISTANCE AND SUPPORT.— 
‘‘(1) FACILITIES
AND
SERVICES
OF
OTHER 
AGENCIES AND NON-FEDERAL ENTITIES.— 
‘‘(A) IN GENERAL.—The Secretary and the 
Attorney General are authorized to use or ac-
cept from any other Federal agency, or any 
other public or private entity, any supply or 
service to facilitate or carry out any action de-
scribed in subsection (e). 
‘‘(B) REIMBURSEMENT.—In accordance 
with subparagraph (A), the Secretary and the 
Attorney General may accept any supply or 
service with or without reimbursement to the 
entity providing the supply or service and not-
withstanding any provision of law that would 
prevent the use or acceptance of the supply or 
service. 
‘‘(C) AGREEMENTS.—To implement the re-
quirements of subsection (a)(5)(C), the Sec-
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retary or the Attorney General may enter into 
1 or more agreements with the head of another 
executive agency or with an appropriate official 
of a non-Federal public or private agency or en-
tity, as may be necessary and proper to carry 
out the responsibilities of the Secretary and At-
torney General under this section. 
‘‘(2) MUTUAL SUPPORT.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary and the Attorney Gen-
eral are authorized to provide support or assist-
ance, upon the request of a Federal agency or 
department conducting— 
‘‘(i) a mission described in subsection 
(a)(5)(C); 
‘‘(ii) a mission described in section 
130i of title 10, United States Code; or 
‘‘(iii) a mission described in section 
4510 of the Atomic Energy Defense Act 
(50 U.S.C. 2661). 
‘‘(B) REQUIREMENTS.—Any support or as-
sistance provided by the Secretary or the Attor-
ney General shall only be granted— 
‘‘(i) for the purpose of fulfilling the 
roles and responsibilities of the Federal 
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agency or department that made the re-
quest for the mission for which the request 
was made; 
‘‘(ii) when exigent circumstances exist; 
‘‘(iii) for a specified duration and lo-
cation; 
‘‘(iv) within available resources; 
‘‘(v) on a non-reimbursable basis; and 
‘‘(vi) in coordination with the Admin-
istrator of the Federal Aviation Adminis-
tration. 
‘‘(n) SEMIANNUAL
BRIEFINGS
AND
NOTIFICA-
TIONS.— 
‘‘(1) IN GENERAL.—On a semiannual basis be-
ginning 180 days after the date of enactment of the 
Safeguarding the Homeland from the Threats Posed 
by Unmanned Aircraft Systems Act of 2023, the 
Secretary and the Attorney General shall each pro-
vide a briefing to the appropriate committees of 
Congress on the activities carried out pursuant to 
this section. 
‘‘(2) REQUIREMENT.—The Secretary and the 
Attorney General each shall conduct the briefing re-
quired under paragraph (1) jointly with the Sec-
retary of Transportation. 
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‘‘(3) CONTENT.—Each briefing required under 
paragraph (1) shall include— 
‘‘(A) policies, programs, and procedures to 
mitigate or eliminate impacts of activities car-
ried out pursuant to this section to the national 
airspace system and other critical infrastructure 
relating to national transportation; 
‘‘(B) a description of— 
‘‘(i) each instance in which any action 
described in subsection (e) has been taken, 
including any instances that may have re-
sulted in harm, damage, or loss to a per-
son or to private property; 
‘‘(ii) the guidance, policies, or proce-
dures established by the Secretary or the 
Attorney General to address privacy, civil 
rights, and civil liberties issues implicated 
by the actions permitted under this sec-
tion, as well as any changes or subsequent 
efforts by the Secretary or the Attorney 
General that would significantly affect pri-
vacy, civil rights, or civil liberties; 
‘‘(iii) options considered and steps 
taken by the Secretary or the Attorney 
General to mitigate any identified impacts 
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to the national airspace system relating to 
the use of any system or technology, in-
cluding the minimization of the use of any 
technology that disrupts the transmission 
of radio or electronic signals, for carrying 
out the actions described in subsection 
(e)(2); and 
‘‘(iv) each instance in which a commu-
nication intercepted or acquired during the 
course of operations of an unmanned air-
craft system or unmanned aircraft was— 
‘‘(I) held in the possession of the 
Department or the Department of 
Justice for more than 180 days; or 
‘‘(II) shared with any entity 
other than the Department or the De-
partment of Justice; 
‘‘(C) an explanation of how the Secretary, 
the Attorney General, and the Secretary of 
Transportation have— 
‘‘(i) informed the public as to the pos-
sible use of authorities granted under this 
section; and 
‘‘(ii) engaged with Federal, State, 
local, Tribal, and territorial law enforce-
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kjohnson on DSK79L0C42PROD with BILLS
ment agencies to implement and use au-
thorities granted under this section; 
‘‘(D) an assessment of whether any gaps 
or insufficiencies remain in laws, regulations, 
and policies that impede the ability of the Fed-
eral Government or State, local, Tribal, and ter-
ritorial governments and owners or operators of 
critical infrastructure to counter the threat 
posed by the malicious use of unmanned air-
craft systems and unmanned aircraft; 
‘‘(E) an assessment of efforts to integrate 
unmanned aircraft system threat assessments 
within National Special Security Event and 
Special Event Assessment Rating event plan-
ning and protection efforts; 
‘‘(F) recommendations to remedy any gaps 
or insufficiencies described in subparagraph 
(D), including recommendations relating to nec-
essary changes in law, regulations, or policies; 
‘‘(G) a description of the impact of the au-
thorities granted under this section on— 
‘‘(i) lawful operator access to national 
airspace; and 
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‘‘(ii) unmanned aircraft systems and 
unmanned aircraft integration into the na-
tional airspace system; and 
‘‘(H) a summary from the Secretary of any 
data and results obtained pursuant to sub-
section (r), including an assessment of— 
‘‘(i) how the details of the incident 
were obtained; and 
‘‘(ii) whether the operation involved a 
violation of Federal Aviation Administra-
tion aviation regulations. 
‘‘(4) UNCLASSIFIED FORM.—Each briefing re-
quired under paragraph (1) shall be in unclassified 
form but may be accompanied by an additional clas-
sified briefing. 
‘‘(5) NOTIFICATION.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after an authorized department, agency, or 
owner or operator of an airport or critical infra-
structure deploys any new technology to carry 
out the actions described in subsection (e), the 
Secretary and the Attorney General shall, indi-
vidually or jointly, as appropriate, submit a no-
tification of the deployment to the appropriate 
committees of Congress. 
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‘‘(B) CONTENTS.—Each notification sub-
mitted pursuant to subparagraph (A) shall in-
clude a description of options considered to 
mitigate any identified impacts to the national 
airspace system relating to the use of any sys-
tem or technology, including the minimization 
of the use of any technology that disrupts the 
transmission of radio or electronic signals in 
carrying out the actions described in subsection 
(e). 
‘‘(o) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to— 
‘‘(1) vest in the Secretary, the Attorney Gen-
eral, or any State, local, Tribal, or territorial law en-
forcement agency that is authorized under sub-
section (c) or designated under subsection (d)(2) any 
authority of the Secretary of Transportation or the 
Administrator of the Federal Aviation Administra-
tion; 
‘‘(2) vest in the Secretary of Transportation, 
the Administrator of the Federal Aviation Adminis-
tration, or any State, local, Tribal, or territorial law 
enforcement agency designated under subsection 
(d)(2) any authority of the Secretary or the Attor-
ney General; 
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‘‘(3) vest in the Secretary any authority of the 
Attorney General; 
‘‘(4) vest in the Attorney General any authority 
of the Secretary; or 
‘‘(5) provide a new basis of liability with respect 
to an officer of a State, local, Tribal, or territorial 
law enforcement agency designated under subsection 
(d)(2) or who participates in the protection of a 
mass gathering identified by the Secretary or Attor-
ney General under subsection (a)(5)(C)(iii)(II), 
who— 
‘‘(A) is acting in the official capacity of the 
individual as an officer; and 
‘‘(B) does not exercise the authority grant-
ed to the Secretary and the Attorney General 
by this section. 
‘‘(p) TERMINATION.— 
‘‘(1) TERMINATION
OF
ADDITIONAL
LIMITED 
AUTHORITY FOR DETECTION, IDENTIFICATION, MON-
ITORING, AND TRACKING.—The authority to carry 
out any action authorized under subsection (c), if 
performed by a non-Federal entity, shall terminate 
on the date that is 5 years and 6 months after the 
date of enactment of the Safeguarding the Home-
land from the Threats Posed by Unmanned Aircraft 
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Systems Act of 2023 and the authority under the 
pilot program established under subsection (d) shall 
terminate as provided for in paragraph (3) of that 
subsection. 
‘‘(2) TERMINATION OF AUTHORITIES WITH RE-
SPECT TO COVERED FACILITIES AND ASSETS.—The 
authority to carry out this section with respect to a 
covered facility or asset shall terminate on the date 
that is 7 years after the date of enactment of the 
Safeguarding the Homeland from the Threats Posed 
by Unmanned Aircraft Systems Act of 2023. 
‘‘(q) SCOPE OF AUTHORITY.—Nothing in this section 
shall be construed to provide the Secretary or the Attorney 
General with any additional authority other than the au-
thorities described in subsections (a)(5)(C)(iii), (b), (c), 
(d), (f), (m), and (r). 
‘‘(r) UNITED STATES GOVERNMENT DATABASE.— 
‘‘(1) AUTHORIZATION.—The Department is au-
thorized to develop a Federal database to enable the 
transmission of data concerning security-related inci-
dents in the United States involving unmanned air-
craft and unmanned aircraft systems between Fed-
eral, State, local, Tribal, and territorial law enforce-
ment agencies for purposes of conducting analyses of 
such threats in the United States. 
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‘‘(2) POLICIES, PLANS, AND PROCEDURES.— 
‘‘(A) 
COORDINATION
AND
CONSULTA-
TION.—Before implementation of the database 
developed under paragraph (1), the Secretary 
shall develop policies, plans, and procedures for 
the implementation of the database— 
‘‘(i) in coordination with the Attorney 
General, the Secretary of Defense, and the 
Secretary 
of 
Transportation 
(acting 
through the Administrator of the Federal 
Aviation Administration); and 
‘‘(ii) in consultation with State, local, 
Tribal, and territorial law enforcement 
agency 
representatives, 
including 
rep-
resentatives of fusion centers. 
‘‘(B) REPORTING.—The policies, plans, 
and procedures developed under subparagraph 
(A) shall include criteria for Federal, State, 
local, Tribal, and territorial reporting of un-
manned aircraft systems or unmanned aircraft 
incidents. 
‘‘(C) DATA
RETENTION.—The policies, 
plans, and procedures developed under subpara-
graph (A) shall ensure that data on security-re-
lated incidents in the United States involving 
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unmanned aircraft and unmanned aircraft sys-
tems that is retained as criminal intelligence in-
formation is retained based on the reasonable 
suspicion standard, as permitted under part 23 
of title 28, Code of Federal Regulations.’’. 
Æ 
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