I 117th CONGRESS 2d Session H. R. 8949 IN THE HOUSE OF REPRESENTATIVES September 22, 2022 Mr. Nadler (for himself, Mr. Thompson of Mississippi , Mr. DeFazio , Mr. Graves of Missouri , and Mr. Katko ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Transportation and Infrastructure , and Homeland Security , 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 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.

1. Short title This Act may be cited as the Counter-UAS Authority Extension and Transparency Enhancement Act of 2022 . 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. .