Counter-UAS Authority Extension and Transparency Enhancement Act of 2022
Bill: H.R.8949 | Sponsor: Rep. Nadler, Jerrold (D-NY)
Policy area: Transportation and Public Works

Summary:
Counter-UAS Authority Extension and Transparency Enhancement Act of 2022
This bill extends and revises provisions related to the protection of certain facilities and assets from unmanned aircraft.
Authority under the bill terminates on October 1, 2023.

To amend the Homeland Security Act of 2002 to extend counter-unmanned 
  aircraft systems authorities, to improve transparency, safety, and 
  accountability related to such authorities, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Counter-UAS Authority Extension and 
Transparency Enhancement Act of 2022''.

SEC. 2. 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)--
                    (A) by striking ``sections 32, 1030, 1367 and 
                chapters 119 and 206 of title 18, United States Code, 
                the Secretary and the Attorney General'' and inserting 
                ``section 32 of title 18, United States Code, the 
                Secretary and the Attorney General''; and
                    (B) by striking ``(as defined by the Secretary or 
                the Attorney General, in consultation with the 
                Secretary of Transportation)'' and inserting ``(as 
                defined by the Secretary of Homeland Security, in 
                coordination with the Secretary of Transportation and 
                the Attorney General)'';
            (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 system'';
                            (ii) in subparagraph (D), by striking 
                        ``Seize or exercise control of'' and inserting 
                        ``Seize, exercise control of, or otherwise 
                        confiscate'';
                            (iii) by striking subparagraph (E); and
                            (iv) by redesignating subparagraph (F) as 
                        subparagraph (E);
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Coordination.--
                    ``(A) In general.--The Secretary and the Attorney 
                General shall coordinate with the Secretary of 
                Transportation regarding carrying out the actions 
                described in paragraph (1).
                    ``(B) Aviation safety.--The Secretary and the 
                Attorney General shall coordinate with the 
                Administrator of the Federal Aviation Administration 
                when any action authorized by this section might affect 
                aviation safety, civilian aviation and aerospace 
                operations, aircraft airworthiness, or the use of the 
                National Airspace System. If the Administrator 
                determines any such action would adversely impact any 
                such matters, such action shall be delayed until the 
                Administrator determines such action does not present 
                an adverse impact or that such adverse impact can be 
                sufficiently mitigated.'';
                    (C) by amending paragraph (3) to read as follows:
            ``(3) Research, testing, training, and evaluation.--The 
        Secretary, the Secretary of Transportation, and the Attorney 
        General may conduct research on, testing on, training on, and 
        evaluation of equipment, including electronic equipment, and 
        technology to determine the capability and utility of such 
        equipment or technology for any action described in subsection 
        (b)(1) prior to the use of such equipment or technology.''; and
                    (D) by amending paragraph (4) to read as follows:
            ``(4) List of authorized equipment and technologies.--
                    ``(A) List.--Not later than one year after the date 
                of enactment of the Counter-UAS Authority Extension and 
                Transparency Enhancement Act of 2022, the Secretary 
                shall, subject to subparagraph (B), maintain a list of 
                approved equipment and technology, including a 
                description of the specific functions and environments 
                for which such equipment or technology has capability 
                and utility for any action described in subsection 
                (b)(1), and whether such equipment or technology is 
                authorized for an action described in subparagraph (A), 
                (B), (C), or (D) of such subsection.
                    ``(B) Impact determination by administrator.--Prior 
                to the inclusion of equipment or technology on the list 
                maintained under subparagraph (A), the Administrator of 
                the Federal Aviation Administration must make a 
                determination that the use of such equipment or 
                technology does not present an adverse impact on 
                aviation safety, civilian aviation and aerospace 
                operations, aircraft airworthiness, or the use of the 
                National Airspace System, or in the event that the 
                Administrator identifies an adverse impact, that such 
                impact can be sufficiently mitigated.
                    ``(C) Authorized utilization.--Upon the inclusion 
                of a technology or equipment on the list maintained 
                under subparagraph (A), the Secretary and the Attorney 
                General may utilize such equipment or technology for 
                any described action in subsection (b)(1).'';
            (3) in subsection (d), by amending paragraph (2) to read as 
        follows:
            ``(2) Coordination.--The Secretary, the Secretary of 
        Transportation, and the Attorney General shall coordinate to 
        develop their respective regulations and guidance under 
        paragraph (1) before issuing any such regulation or 
        guidance.'';
            (4) in subsection (e)--
                    (A) by amending paragraph (3) to read as follows:
            ``(3) records of such communications are maintained for not 
        more than 90 days, except that if the Secretary of Homeland 
        Security or the Attorney General determines that maintenance of 
        such records is necessary to investigate or prosecute a 
        violation of law, is required under Federal law, or for the 
        purpose of any litigation, the records of such communications 
        may be maintained for not more than one year;''; and
                    (B) in paragraph (4)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``are not disclosed outside 
                        the Department of Homeland Security or the 
                        Department of Justice unless'' and inserting 
                        ``are not shared outside of personnel of the 
                        department in possession of such 
                        communications, except if''; and
                            (ii) in subparagraph (B), by striking ``, 
                        or any regulatory, statutory, or other 
                        enforcement action relating to'';
            (5) in subsection (f), by striking ``within the Department 
        of Homeland Security or the Department of Justice'';
            (6) in subsection (g)--
                    (A) in paragraph (1), by striking ``the Secretary 
                and the Attorney General shall, respectively,'' and 
                inserting ``the Secretary, the Attorney General, and 
                the Secretary of Transportation shall jointly'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraphs (3) through (5) as 
                paragraphs (2) through (4), respectively;
                    (D) by amending paragraph (2), as so redesignated, 
                to read as follows:
            ``(2) Content.--Each briefing required under paragraph (1) 
        shall include--
                    ``(A) the number of instances and a description of 
                each instance in which actions described in subsection 
                (b)(1) have been taken, including all such instances 
                that--
                            ``(i) equipment or technology disrupted the 
                        transmission of radio or electronic signals, 
                        including and disaggregrated by whether any 
                        such disruption was minimized;
                            ``(ii) may have resulted in harm, damage, 
                        or loss to a person or to private property, 
                        including and disaggregrated by whether any 
                        such harm, damage, or loss was minimized;
                            ``(iii) resulted in the 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 instances in 
                which communications were intercepted or acquired 
                during the course of actions described in subsection 
                (b)(1), including--
                            ``(i) the approximate number and nature of 
                        incriminating communications intercepted; and
                            ``(ii) the approximate number and nature of 
                        other communications intercepted;
                    ``(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 enforcement agency, 
                        including a list of receiving Federal law 
                        enforcement agencies; or
                            ``(ii) maintained for more than 90 days;
                    ``(D) the number of instances and a description of 
                each instance in which the Secretary, Secretary of 
                Transportation, or the Attorney General have engaged 
                with Federal, State, or local law enforcement agencies 
                to implement the authority under this section, 
                including the number of instances that resulted in a 
                criminal investigation or litigation; and
                    ``(E) information on the actions carried out under 
                subsections (b)(3) and (b)(4)(A), including equipment 
                or technology to address emerging trends and changes in 
                unmanned aircraft system or unmanned aircraft system-
                related security threats.''; and
                    (E) in paragraph (4), as so redesignated--
                            (i) by inserting ``approved under 
                        subsection (b)(4)'' after ``new technology'';
                            (ii) by striking ``the Secretary and the 
                        Attorney General shall, respectively,'' and 
                        inserting ``the Secretary, in coordination with 
                        the Secretary of Transportation and the 
                        Attorney General, shall''; and
                            (iii) by striking ``to the national 
                        airspace system'' and inserting ``to the safety 
                        and operation of the National Airspace 
                        System'';
            (7) in subsection (h)(2), by inserting ``of Homeland 
        Security'' after ``any authority of the Secretary'';
            (8) by amending subsection (i) to read as follows:
    ``(i) Termination.--The authority under this section shall 
terminate on October 1, 2023.'';
            (9) 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 
                        Transportation'' and inserting ``the Secretary, 
                        in coordination with the Secretary of 
                        Transportation and the Attorney General,''; and
                            (ii) in subparagraph (C)(ii)--
                                    (I) in subclause (I)(aa), by 
                                striking ``section 533 of title 28, 
                                United States Code'' and inserting 
                                ``paragraph (2) or (3) of section 533 
                                of title 28, United States Code, and 
                                that is limited to a specified period 
                                of time and location'';
                                    (II) in subclause (I)(bb), by 
                                inserting before the semicolon at the 
                                end the following: ``, and that is 
                                limited to a specified period of time 
                                and location''; and
                                    (III) in subclause (III), by 
                                striking ``, as specified in'' and 
                                inserting ``pursuant to'';
                    (C) in paragraph (6), by striking ``purposes of 
                subsection (a)'' and inserting ``purposes of 
                subsections (a) and (e)(4)''; and
                    (D) in paragraph (8)--
                            (i) in the matter preceding 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 inserting ``the Secretary, in 
                                coordination with the Secretary of 
                                Transportation and the Attorney 
                                General,''; and
                            (ii) by striking ``national airspace 
                        system'' each place it appears and inserting 
                        ``National Airspace System''; and
            (10) by amending subsection (l) to read as follows:
    ``(l) Annual Report.--Not later than one year after the date of 
enactment of the Counter-UAS Authority Extension and Transparency 
Enhancement Act of 2022, the Secretary shall submit, in coordination 
with the Secretary of Transportation and the Attorney General, a report 
to the appropriate congressional committees that contains the 
information required under subsection (g)(2) and the following--
            ``(1) copies of guidance, policies, programs, and 
        procedures to mitigate or eliminate any adverse impact of the 
        activities carried out pursuant to this section, or the use of 
        any equipment or technology, on aviation safety, civilian 
        aviation and aerospace operations, aircraft airworthiness, or 
        the use of the National Airspace System; and
            ``(2) copies of the guidance, policies, or procedures 
        established to address privacy, civil rights, and civil 
        liberties issues implicated by the activities carried out 
        pursuant to this section.''.
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