Title: Military Asset Protection Act
Policy area: Armed Forces and National Security

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

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1968 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 1968

To amend title 10, United States Code, to improve the authority of the 
 Secretary of Defense to protect certain military facilities, assets, 
                and information from unmanned aircraft.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 2017

   Mr. Dunn introduced the following bill; which was referred to the 
   Committee on Armed Services, and in addition to the Committee on 
  Transportation and Infrastructure, 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 amend title 10, United States Code, to improve the authority of the 
 Secretary of Defense to protect certain military facilities, assets, 
                and information from unmanned aircraft.

    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 ``Military Asset Protection Act''.

SEC. 2. PROTECTION OF CERTAIN FACILITIES, ASSETS, AND INFORMATION FROM 
              UNMANNED AIRCRAFT.

    (a) In General.--Section 130i of title 10, United States Code, is 
amended to read as follows:
``Sec. 130i. Protection of certain facilities, assets, and information 
              from unmanned aircraft
    ``(a) Authority.--Notwithstanding any other provision of law, the 
Secretary of Defense may take, and may authorize the armed forces or 
contractors of the Department of Defense to take, such actions 
described in subsection (b)(1) that are necessary to mitigate the 
threat (as defined by the Secretary of Defense) of an unmanned aircraft 
system or unmanned aircraft to the safety or security of a covered 
facility, asset, or classified information.
    ``(b) Actions Described.--(1) The actions described in this 
paragraph are the following:
            ``(A) Disrupt control of the unmanned aircraft system or 
        unmanned aircraft.
            ``(B) Seize and exercise control of the unmanned aircraft 
        system or unmanned aircraft.
            ``(C) Seize or otherwise confiscate the unmanned aircraft 
        system or unmanned aircraft.
            ``(D) Use reasonable force to disable or destroy the 
        unmanned aircraft system or unmanned aircraft.
            ``(E) Disrupt, alter, or intercept any communications to or 
        from the unmanned aircraft system or unmanned aircraft.
    ``(2) The Secretary of Defense shall develop the actions described 
in paragraph (1) with the assistance of the Secretary of 
Transportation, consistent with the protection of information regarding 
sensitive defense capabilities.
    ``(c) Forfeiture.--(1) Any unmanned aircraft system or unmanned 
aircraft described in subsection (a) shall be subject to seizure and 
forfeiture to the United States.
    ``(2) The Secretary may prescribe regulations to establish 
reasonable exceptions to paragraph (1), including in cases where--
            ``(A) the operator of the unmanned aircraft system or 
        unmanned aircraft obtained the control and possession of such 
        system or aircraft illegally; or
            ``(B) the operator of the unmanned aircraft system or 
        unmanned aircraft is an employee of a common carrier acting in 
        a manner described in subsection (a) without the knowledge of 
        the common carrier.
    ``(d) Regulations.--The Secretary of Defense and the Secretary of 
Transportation shall prescribe regulations and issue guidance in the 
respective areas of each Secretary to carry out this section.
    ``(e) Definitions.--In this section:
            ``(1) The term `covered facility, asset, or classified 
        information' means any facility, asset, or classified 
        information that is--
                    ``(A) identified by the Secretary of Defense for 
                purposes of this section;
                    ``(B) located in the United States (including the 
                territories and possessions of the United States); and
                    ``(C) relating to--
                            ``(i) the nuclear deterrence mission of the 
                        Department of Defense, including with respect 
                        to nuclear command and control, integrated 
                        tactical warning and attack assessment, and 
                        continuity of government;
                            ``(ii) the missile defense mission of the 
                        Department;
                            ``(iii) the national security space mission 
                        of the Department;
                            ``(iv) the homeland defense mission of the 
                        Department; or
                            ``(v) other missions of the Department 
                        involving assets or information designated as 
                        vital to national security or as national 
                        critical infrastructure.
            ``(2) The terms `unmanned aircraft' and `unmanned aircraft 
        system' have the meaning given those terms in section 331 of 
        the FAA Modernization and Reform Act of 2012 (Public Law 112-
        95; 49 U.S.C. 40101 note).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 3 of such title is amended by striking the item relating to 
section 130i and inserting the following new item:

``130i. Protection of certain facilities, assets, and information from 
                            unmanned aircraft.''.
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