II 117th CONGRESS 2d Session S. 4801 IN THE SENATE OF THE UNITED STATES September 7, 2022 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To authorize Counter-UAS activities on and off commercial service airport property, and for other purposes.

1. Short title This Act may be cited as the Stopping Harmful Incidents to Enforce Lawful Drone Use Act or the SHIELD U Act . 2. Definitions In this Act: (1) Commercial service airport The term commercial service airport has the meaning given that term in paragraph (7) of section 47102 of title 49, United States Code, and includes the area of navigable airspace necessary to ensure safety in the takeoff and landing of aircraft at the airport. (2) Covered air carrier The term covered air carrier means an air carrier or a foreign air carrier as those terms are defined in section 40102 of title 49, United States Code. (3) Counter-UAS activities The term Counter-UAS activities means the following: (A) Detecting, identifying, monitoring, and tracking an unmanned aircraft or unmanned aircraft system, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication used to control the unmanned aircraft or unmanned aircraft system. (B) Warning an operator of an unmanned aircraft or unmanned aircraft system, including by passive or active, and direct or indirect physical, electronic, radio, and electromagnetic means. (C) Disrupting control of an unmanned aircraft or unmanned aircraft system, without prior consent, including by disabling the unmanned aircraft or unmanned aircraft system by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft or unmanned aircraft system. (D) Seizing or exercising control of an unmanned aircraft or unmanned aircraft system. (E) Seizing or otherwise confiscating an unmanned aircraft or unmanned aircraft system. (F) Using reasonable force to disable, damage, or destroy an unmanned aircraft or unmanned aircraft system. (4) Navigable airspace The term navigable airspace has the meaning given that term in paragraph (32) of section 40102 of title 49, United States Code. (5) Non-kinetic equipment The term non-kinetic equipment means equipment that is used to— (A) intercept or otherwise access a wire communication, an oral communication, an electronic communication, or a radio communication used to control an unmanned aircraft or unmanned aircraft system; and (B) disrupt control of the unmanned aircraft or unmanned aircraft system, without prior consent, including by disabling the unmanned aircraft or unmanned aircraft system by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications that are used to control the unmanned aircraft or unmanned aircraft system. (6) Threats posed by an unmanned aircraft or unmanned aircraft system The term threats posed by an unmanned aircraft or unmanned aircraft system means an unauthorized activity of an unmanned aircraft or unmanned aircraft system that is reasonably believed to— (A) create the potential for bodily harm to, or loss of human life of, a person within property under the jurisdiction of— (i) a commercial service airport; or (ii) a State or locality; or (B) have the potential to cause severe economic damage to— (i) property of a commercial service airport; or (ii) property under the jurisdiction of a State or locality. (7) Unmanned aircraft, unmanned aircraft system The terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section 44801 of title 49, United States Code. 3. Counter-UAS activities on commercial service airport property (a) Counter-UAS activities (1) In general Notwithstanding any other provision of law and subject to paragraph (3), with respect to a commercial service airport, the following departments and agencies may, in a manner consistent with the Fourth Amendment to the Constitution of the United States, carry out Counter-UAS activities for purposes of detecting, identifying, and mitigating the threats posed by an unmanned aircraft or unmanned aircraft system to the safety or security of the airport: (A) The Department of Homeland Security. (B) The State and local law enforcement agencies in the State in which the airport is located. (C) The law enforcement agency of the airport. (2) Testing authority Subject to paragraphs (3) and (4), the Secretary of Homeland Security, the heads of the State or local law enforcement agencies of the State in which a commercial service airport is located, or the law enforcement agency of the commercial service airport, may research, test, provide training on, and evaluate any equipment, including any electronic equipment, to determine the capability and utility of the equipment to carry out Counter-UAS activities to detect, identify, and mitigate the threats posed by an unmanned aircraft or unmanned aircraft system to the safety or security of the airport. (3) Airport operator consent required Activities permitted under paragraph (1) or (2) shall only be carried out with the consent of, in consultation with, and with the participation of, the airport operator. (4) Consultation requirement for testing of non-kinetic equipment Any testing of non-kinetic equipment carried out under the authority of this subsection shall be done in consultation with the Federal Communications Commission and the National Telecommunications and Information Administration. (b) Non-Kinetic equipment (1) In general Before adopting any standard operating procedures within a tactical response plan for use of non-kinetic equipment to carry out a Counter-UAS activity under the authority of this section, the Secretary of Homeland Security and the heads of the State, local, or airport law enforcement agencies of the State in which a commercial service airport is located, shall do the following: (A) Consult with the Federal Communications Commission and the National Telecommunications and Information Administration about the use of non-kinetic equipment to carry out a Counter-UAS activity consistent with the tactical response plan updates required under subsection (c). (B) Jointly, with the Federal Communications Commission and the National Telecommunications and Information Administration, create a process for an authorized designee of the commercial service airport to, consistent with procedures outlined in the tactical response plan (as updated under subsection (c)), notify the Commission when non-kinetic equipment has been used to carry out a Counter-UAS activity. (2) FCC and NTIA duties The Federal Communications Commission and the National Telecommunications and Information Administration shall— (A) not later than 30 days after the date of enactment of this Act, assign to an office of the Commission and to an office of the Administration, respectively, responsibility for carrying out the consultation regarding the use of non-kinetic equipment to carry out Counter-UAS activities required by paragraph (1)(A) and the consultation regarding the testing of non-kinetic equipment required by subsection (a)(4); and (B) not later than 180 days after the responsibility described in subparagraph (A) is assigned to each such office— (i) publicly designate an office of the Commission and an office of the Administration, respectively, to receive the notifications from commercial service airports required under paragraph (1)(B); and (ii) make publicly available the process for the Commission and the Administration to carry out any follow up consultation, if necessary. (3) Nonduplication To the greatest extent practicable, the Federal Communications Commission and the National Telecommunications and Information Administration shall coordinate with respect to the consultations, process creation, follow up consultations, and other requirements of this subsection and subsection (a)(4) so as to minimize duplication of requirements, efforts, and expenditures. (c) Tactical response plan updates (1) Task force Not later than 2 years after the date of enactment of this Act, the airport director of each commercial service airport shall convene a task force for purposes of establishing or modifying the emergency action preparedness plan for the airport to include a tactical response plan for the detection, identification, and mitigation of threats posed by an unmanned aircraft or unmanned aircraft system. (2) Required coordination Each task force convened under paragraph (1) shall coordinate the establishing or modifying of the airport's emergency action preparedness plan with representatives of the following: (A) The Department of Transportation. (B) The Federal Aviation Administration. (C) The Department of Homeland Security. (D) The State and local law enforcement agencies in the State in which the airport is located. (E) The law enforcement agency of the airport. (F) The covered air carriers operating at the airport. (G) Representatives of general aviation operators at the airport. (H) Representatives of providers of telecommunications and broadband service with a service area that covers the airport property or the navigable airspace necessary to ensure safety in the takeoff and landing of aircraft at such airport. (3) Duties As part of the inclusion of a tactical response plan in the emergency action preparedness plan for a commercial service airport, each task force convened under paragraph (1) shall do the following: (A) Create and define the various threat levels posed by an unmanned aircraft or unmanned aircraft system to the airport. (B) Create the standard operating procedures for responding to each threat level defined under subparagraph (A) that include a requirement to minimize collateral damage. (C) Define and assign to each entity specified in paragraph (2), the role and responsibilities of the entity in carrying out the standard operating procedures for responding to a specified threat posed by an unmanned aircraft or unmanned aircraft system to the airport. (D) Designate the applicable State and local law enforcement agencies, or the law enforcement agency of the airport, in coordination with the Department of Homeland Security, as the first responders to any specified threat posed by an unmanned aircraft or unmanned aircraft system to the airport. (E) Narrowly tailor the use of non-kinetic Counter-UAS equipment (if applicable under the standard operating procedures) to only temporary activities necessary to mitigate an immediate threat posed by an unmanned aircraft or unmanned aircraft system to the airport. (F) Incorporate any existing Federal guidance for updating airport emergency plans for responding to unauthorized unmanned aircraft system operations into 1 tactical response plan for addressing threats posed by an unmanned aircraft or unmanned aircraft system. (4) Rule of construction Nothing in this subsection shall be construed to require multiple tactical response plans or emergency action preparedness plans for addressing the threats posed by an unmanned aircraft, an unmanned aircraft system, or unauthorized unmanned aircraft system operations. (d) Airport improvement program eligibility Notwithstanding section 47102 of title 49, United States Code, the definition of the term airport development under that section shall include the purchase of equipment necessary to carry out Counter-UAS activities at commercial service airports. (e) Best practices (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration and the Administrator of the Transportation Security Administration acting jointly and in collaboration with airport directors of commercial service airports, shall— (A) publish guidance regarding best practices for use of Counter-UAS Activities at commercial service airports; and (B) make such guidance available to the airport director for each commercial service airport in the United States. (2) Annual updates The guidance issued under this subsection shall be annually updated to incorporate the most recent results and conclusions regarding best practices for the use of Counter-UAS activities at commercial service airports. 4. Counter-UAS activities off commercial service airport property (a) In general Notwithstanding any other provision of law, with respect to a State, the State and local law enforcement agencies in the State may, in a manner consistent with the Fourth Amendment to the Constitution of the United States, carry out Counter-UAS activities for purposes of detecting, identifying, and mitigating the threats posed by an unmanned aircraft or unmanned aircraft system within the jurisdiction of the State or locality. (b) Testing authority (1) In general (A) States and localities Subject to paragraphs (2) and (3), any State or locality of a State may establish testing areas for purposes of researching, testing, providing training on, and evaluating of any equipment, including any electronic equipment, to determine the capability and utility of the equipment to carry out Counter-UAS activities to detect, identify, and mitigate the threats posed by an unmanned aircraft or unmanned aircraft system within the jurisdiction of the State or locality. (B) Private sector entities Subject to paragraphs (2) and (3), any private sector entity may establish testing areas for purposes of researching, testing, providing training on, and evaluating of any equipment, including any electronic equipment, to determine the capability and utility of the equipment to carry out Counter-UAS activities to detect, identify, and mitigate the threats posed by an unmanned aircraft or unmanned aircraft system, so long as such activities are carried out in accordance with applicable State and local laws. (2) FAA cooperation The Federal Aviation Administration shall cooperate with any action by a State, a locality of a State, or a private sector entity to designate airspace to be used for testing under paragraph (1) unless the State, locality, or entity designates an area of airspace that would create a significant safety hazard to airport operations, air navigation facilities, air traffic control systems, or other components of the national airspace system that facilitate the safe and efficient operation of manned civil, commercial, or military aircraft within the United States. (3) Consultation requirement for testing of non-kinetic equipment Any testing of non-kinetic equipment carried out under the authority of this subsection shall be done in consultation with the Federal Communications Commission and the National Telecommunications and Information Administration. (c) Non-Kinetic equipment (1) In general Before adopting any standard operating procedures for using any non-kinetic equipment to carry out a Counter-UAS activity under the authority of this section, a State or local law enforcement agency shall do the following: (A) Consult with the Federal Communications Commission and the National Telecommunications and Information Administration about the use of non-kinetic equipment to carry out a Counter-UAS activity and the standard operating procedures that the State or local law enforcement agency will follow for use of such equipment. (B) Jointly, with the Federal Communications Commission and the National Telecommunications and Information Administration create a process for an authorized designee of the State or local law enforcement agency to notify the Commission when non-kinetic equipment has been used to carry out a Counter-UAS activity. (2) FCC and NTIA duties The Federal Communications Commission shall— (A) not later than 30 days after the date of enactment of this Act, assign to an office of the Commission and to an office of the Administration, respectively, responsibility for carrying out the consultation regarding the use of non-kinetic equipment to carry out Counter-UAS activities required under paragraph (1)(A) and the consultation regarding the testing of non-kinetic equipment required by subsection (b)(3); and (B) not later than 180 days after the responsibility described in subparagraph (A) is assigned to each such office— (i) publicly designate an office of the Commission and an office of the Administration, respectively, to receive the notifications from State or local law enforcement agencies required under paragraph (1)(B); and (ii) make publicly available the process for the Commission and the Administration to carry out any follow up consultation, if necessary. (3) Nonduplication To the greatest extent practicable, the Federal Communications Commission and the National Telecommunications and Information Administration shall coordinate with respect to the consultations, process creation, follow up consultations, and other requirements of this subsection and subsection (a)(4) so as to minimize duplication of requirements, efforts, and expenditures. (d) Coordination with the FAA Section 376 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44802 note) is amended— (1) in subsection (b), by adding at the end the following: (4) Permit a process for an applicable State or local law enforcement agency to notify and coordinate with the Federal Aviation Administration on actions being taken by the State or local law enforcement agency to exercise the Counter-UAS activities authority established under section 4(a) of the SHIELD U Act . ; and (2) in subsection (c)— (A) in paragraph (3)(G), by striking and after the semicolon; (B) in paragraph (4), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (5) establish a process that allows for collaboration and coordination between the Federal Aviation Administration and the law enforcement of a State or local government with respect to the use of the Counter-UAS activities authority established under section 4(a) of the SHIELD U Act . . (e) Interim notification plan (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a process under which— (A) the law enforcement agency of a State or local government may notify the Administrator of an active threat posed by an unmanned aircraft or unmanned aircraft system within the jurisdiction of the State or local law enforcement agency and the intent of the agency to facilitate Counter-UAS activities; (B) the Administrator, based on notice made pursuant to subparagraph (A), shall issue immediate warnings to operators of both manned and unmanned aircraft operating within the area of airspace where the law enforcement agency’s Counter-UAS activities are taking place; and (C) the Administrator and the State and local law enforcement agency notify UAS operators and manned operators in the area that an area of airspace is clear once the State and local law enforcement have concluded the Counter-UAS activities to mitigate the threat. (2) Sunset The process established under paragraph (1) shall terminate on the date on which the unmanned aircraft systems traffic management system required under section 376 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44802 note) is fully implemented. 5. Authority to enter into contracts to protect facilities from unmanned aircraft (a) Authority The following Federal departments are authorized to enter into contracts to carry out the following authorities: (1) The Department of Defense for the purpose of carrying out activities under section 130i of title 10, United States Code. (2) The Department of Homeland Security for the purpose of carrying out activities under section 210G of the Homeland Security Act of 2002 ( 6 U.S.C. 124n ). (3) The Department of Justice for the purpose of carrying out activities under section 210G of the Homeland Security Act of 2002 ( 6 U.S.C. 124n ). (4) The Department of Energy for the purpose of carrying out activities under section 4510 of the Atomic Energy Defense Act ( 50 U.S.C. 2661 ). (b) Federal Acquisition Regulation Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to implement the authority provided under subsection (a). (c) Annual publication of recommended vendors and equipment (1) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Office of Management and Budget, in consultation with the Secretary of Defense, the Secretary of Homeland Security, the Attorney General, the Secretary of Energy, the Secretary of Transportation, and the heads of such other Federal departments or agencies as determined appropriate by the Director of the Office of Management and Budget, shall publish and make available to State and local governments the following: (A) A list of vendors that are eligible under the Federal Acquisition Regulation to enter into contracts with the Federal Government to carry out Counter-UAS activities. (B) A list of Counter-UAS equipment that is recommended by the Federal Government to carry out Counter-UAS activities. (2) Annual risk assessment The Director of the Office of Management and Budget, in consultation with the heads of the applicable Federal departments and agencies, shall review and reassess the vendors and equipment specified on the lists required to be published and made available under paragraph (1) based on a risk assessment that is jointly considered by the applicable agencies as part of each annual update of such lists. 6. Federal law enforcement training Section 884(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 464(c) ) is amended— (1) in paragraph (9), by striking and at the end; (2) by redesignating paragraph (10) as paragraph (11); and (3) by inserting after paragraph (9) the following: (10) develop and implement homeland security and law enforcement training curricula related to the use of Counter-UAS activities (as defined in section 2 of the SHIELD U Act ) to protect against a threat from an unmanned aircraft or unmanned aircraft system (as such terms are defined in section 210G), which shall— (A) include— (i) training on the use of both kinetic and non-kinetic equipment; (ii) training on the tactics used to detect, identify, and mitigate a threat from an unmanned aircraft or unmanned aircraft system; and (iii) such other curricula or training the Director believes necessary; and (B) be made available to Federal, State, local, Tribal, and territorial law enforcement and security agencies and private sector security agencies; and . 7. Authorized use of jamming technology Title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. ) is amended— (1) in section 301 ( 47 U.S.C. 301 )— (A) by striking It is and inserting the following: (a) In general It is ; and (B) by adding at the end the following: (b) Exception for an unmanned aircraft and unmanned aircraft system (1) Definitions In this subsection— (A) the term covered equipment means equipment that is used to— (i) intercept or otherwise access a wire communication, an oral communication, an electronic communication, or a radio communication used to control an unmanned aircraft or unmanned aircraft system; and (ii) disrupt control of an unmanned aircraft or unmanned aircraft system, without prior consent, including by disabling the unmanned aircraft or unmanned aircraft system by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications that are used to control the unmanned aircraft or unmanned aircraft system; and (B) the terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section 44801 of title 49, United States Code. (2) Exception Subsection (a) shall not apply with respect to actions taken by State or local law enforcement or the law enforcement agency of a commercial service airport using covered equipment in consultation with the Commission to detect, identify, or mitigate a threat posed by an unmanned aircraft or unmanned aircraft system. ; (2) in section 302 ( 47 U.S.C. 302a ), by adding at the end the following: (g) Exception for an unmanned aircraft and unmanned aircraft system (1) Definitions In this subsection, the terms covered equipment , unmanned aircraft , and unmanned aircraft system have the meanings given those terms in section 301. (2) Exception The provisions of this section shall not apply with respect to actions taken by State or local law enforcement or the law enforcement agency of a commercial service airport using covered equipment in consultation with the Commission to detect, identify, or mitigate a threat posed by an unmanned aircraft or unmanned aircraft system. ; and (3) in section 333 ( 47 U.S.C. 333 )— (A) by striking No person and inserting the following: (a) In general No person ; and (B) by adding at the end the following: (b) Exception for an unmanned aircraft and unmanned aircraft system (1) Definitions In this subsection, the terms covered equipment , unmanned aircraft , and unmanned aircraft system have the meanings given those terms in section 301(b). (2) Exception Subsection (a) shall not apply with respect to actions taken by State or local law enforcement or the law enforcement agency of a commercial service airport using covered equipment in consultation with the Commission to detect, identify, or mitigate a threat posed by an unmanned aircraft or unmanned aircraft system. . 8. No abrogation of traditional police powers Nothing in this Act or the amendments made by this Act shall be construed to abrogate the inherent authority of a State government or subdivision thereof from using their traditional police powers, including (but not limited to) the authority to counter an imminent threat to public health or safety.