[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2836 Introduced in Senate (IS)]
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115th CONGRESS
2d Session
S. 2836
To assist the Department of Homeland Security in preventing emerging
threats from unmanned aircraft and vehicles, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 14, 2018
Mr. Johnson (for himself, Mrs. McCaskill, Mr. Hoeven, Ms. Heitkamp, and
Mr. Cotton) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To assist the Department of Homeland Security in preventing emerging
threats from unmanned aircraft and vehicles, 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 ``Preventing Emerging Threats Act of
2018''.
SEC. 2. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
following:
``Sec. 210G. Protection of certain facilities and assets from unmanned
aircraft
``(a) Authority.--Notwithstanding section 46502 of title 49, United
States Code, or any provision of title 18, United States Code, the
Secretary and the Attorney General may, for their respective
Departments, take, and may authorize personnel of the Department of
Homeland Security or the Department of Justice with assigned duties
that include safety, security, or protection of personnel, facilities,
or assets, to take, such actions described in subsection (b)(1) that
are necessary to mitigate the threat (as defined by the Secretary or
the Attorney General, in consultation with the Secretary of
Transportation) that an unmanned aircraft system or unmanned aircraft
poses to the safety or security of a covered facility or asset.
``(b) Actions Described.--
``(1) In general.--The actions authorized in subsection (a)
are the following:
``(A) 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 communication, 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 aircraft
system or unmanned aircraft, without prior consent,
including by disabling the unmanned aircraft system or
unmanned aircraft by intercepting, interfering, or
causing interference with wire, oral, electronic, or
radio communications used to control the unmanned
aircraft system or unmanned aircraft.
``(D) Seize or exercise control of the unmanned
aircraft system or unmanned aircraft.
``(E) Seize or otherwise confiscate the unmanned
aircraft system or unmanned aircraft.
``(F) Use reasonable force to disable, damage, or
destroy the unmanned aircraft system or unmanned
aircraft.
``(2) Required coordination.--The Secretary and the
Attorney General shall develop for their respective Departments
the actions described in paragraph (1) in coordination with the
Secretary of Transportation.
``(3) Research, testing, training, and evaluation.--The
Secretary shall conduct research, testing, training on, and
evaluation of any equipment, including any electronic
equipment, to determine its capability and utility to enable
any of the actions described in subsection (b)(1).
``(4) Coordination.--The Secretary shall coordinate with
the Administrator of the Federal Aviation Administration when
subsection (b)(3) might affect aviation safety, civilian
aviation and aerospace operations, or aircraft airworthiness.
``(c) Forfeiture.--Any unmanned aircraft system or unmanned
aircraft described in subsection (a) that is seized by the Secretary or
the Attorney General is subject to forfeiture to the United States.
``(d) Regulations and Guidance.--
``(1) In general.--The Secretary, the Attorney General, and
the Secretary of Transportation may prescribe regulations and
shall issue guidance in the respective areas of each Secretary
or the Attorney General to carry out this section.
``(2) Coordination.--
``(A) Coordination with department of
transportation.--The Secretary and the Attorney General
shall coordinate the development of their respective
guidance under paragraph (1) with the Secretary of
Transportation.
``(B) Effect on aviation safety.--The Secretary and
the Attorney General shall respectively coordinate with
the Secretary of Transportation and the Administrator
of the Federal Aviation Administration before issuing
any guidance, or otherwise implementing this section,
if such guidance or implementation might affect
aviation safety, civilian aviation and aerospace
operations, aircraft airworthiness, or the use of
airspace.
``(e) Privacy Protection.--The regulations prescribed or guidance
issued under subsection (d) shall ensure that--
``(1) the interception or acquisition of, or access to,
communications to or from an unmanned aircraft system under
this section is conducted in a manner consistent with the
Fourth amendment to the Constitution of the United States and
applicable provisions of Federal law;
``(2) communications to or from an unmanned aircraft system
are intercepted, acquired, or accessed only to the extent
necessary to support a function of the Department of Homeland
Security or the Department of Justice;
``(3) records of such communications are not maintained for
more than 180 days unless the Secretary or the Attorney General
determine that maintenance of such records--
``(A) is necessary to support one or more functions
of the Department of Homeland Security or the
Department of Justice, respectively; or
``(B) is required for a longer period to support a
civilian law enforcement agency or by any other
applicable statute or regulation; and
``(4) such communications are not disclosed outside the
Department of Homeland Security or the Department of Justice
unless the disclosure--
``(A) would fulfill a function of the Department of
Homeland Security or the Department of Justice,
respectively;
``(B) would support the Department of Defense,
another civilian law enforcement agency, or the
activities of a regulatory agency of the Federal
Government in connection with a criminal or civil
investigation of, or any regulatory, statutory, or
other enforcement action arising out of an action
described in subsection (b)(1); or
``(C) is otherwise required by law.
``(f) Budget.--The Secretary and the Attorney General shall submit
to Congress, as a part of the homeland security or justice budget
materials for each fiscal year after fiscal year 2018, a consolidated
funding display that identifies the funding source and funding
requirements for the actions described in subsection (b)(1) within the
Department of Homeland Security or the Department of Justice. The
funding display shall be in unclassified form, but may contain a
classified annex.
``(g) Semiannual Briefings.--
``(1) In general.--On a semiannual basis during the 5-year
period beginning 6 months after the date of enactment of this
section, the Secretary and the Attorney General shall,
respectively, provide a briefing to the appropriate
congressional committees on the activities carried out pursuant
to this section.
``(2) Requirement.--Each briefing required under paragraph
(1) shall be conducted jointly with the Secretary of
Transportation.
``(3) Content.--Each briefing required under paragraph (1)
shall include--
``(A) policies, programs, and procedures to
mitigate or eliminate impacts of such activities to the
National Airspace System;
``(B) a description of instances where actions
described in subsection (b)(1) have been taken;
``(C) how the Secretary and the Attorney General
have informed the public as to the possible use of
authorities under this section; and
``(D) how the Secretary and the Attorney General
have engaged with Federal, State, and local law
enforcement agencies to implement and use such
authorities.
``(4) Unclassified form.--Each briefing required under
paragraph (1) shall be in unclassified form, consistent with
the needs of law enforcement agencies and national security,
but may be accompanied by an additional classified briefing.
``(h) Rule of Construction.--Nothing in this section may be
construed to--
``(1) vest in the Secretary or the Attorney General any
authority of the Secretary of Transportation or the
Administrator of the Federal Aviation Administration under
title 49, United States Code;
``(2) vest in the Secretary of Transportation or the
Administrator of the Federal Aviation Administration any
authority of the Secretary or the Attorney General under this
title;
``(3) vest in the Secretary of Homeland Security any
authority of the Attorney General under this title; and
``(4) vest in the Attorney General any authority of the
Secretary of Homeland Security under this title.
``(i) Termination.--
``(1) In general.--Except as provided in paragraph (2), the
authority to carry out this section with respect to the covered
facilities or assets shall terminate on the date that is 5
years after the date of enactment of this section.
``(2) Extension.--The President may extend by 180 days the
termination date described in paragraph (1) if, not later than
45 days before the termination date described in paragraph (1),
the President certifies to Congress that such extension is in
the national security interest of the United States.
``(j) Scope of Authority.--Nothing in this section shall be
construed to provide the Secretary or the Attorney General with
additional authorities beyond those described in subsections (a),
(b)(1), and (k)(3)(C)(iii).
``(k) Definitions.--In this section:
``(1) The term `appropriate congressional committees'
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 Security, the
Committee on Transportation and Infrastructure, the
Committee on Energy and Commerce, and the Committee on
the Judiciary of the House of Representatives.
``(2) 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 section 1105(a) of title 31.
``(3) The term `covered facility or asset' means any
facility or asset that--
``(A) is identified by the Secretary or the
Attorney General, in consultation with the Secretary of
Transportation with respect to potentially impacted
airspace, through a risk-based assessment for purposes
of this section;
``(B) is located in the United States (including
the territories and possessions, territorial seas or
navigable waters of the United States); and
``(C) directly relates to--
``(i) a mission authorized to be performed
by the Department, consistent with governing
statutes, regulations, and orders issued by the
Secretary, relating to--
``(I) security operations by the
United States Coast Guard and U.S.
Customs and Border Protection,
including securing facilities,
aircraft, and authorized vessels,
whether moored or underway;
``(II) United States Secret Service
protection operations pursuant to
sections 3056 and 3056A of title 18,
United States Code; or
``(III) protection of facilities
pursuant to section 1315 of title 40,
United States Code;
``(ii) a mission authorized to be performed
by the Department of Justice, consistent with
governing statutes, regulations, and orders
issued by the Attorney General, relating to--
``(I) personnel protection
operations by the Federal Bureau of
Investigation and the United States
Marshals Service, including the
protection of Federal jurists, court
officers, witnesses and other persons
in the interests of justice, as
specified in section 566(e) of title
28, United States Code;
``(II) penal, detention, and
correctional operations conducted by
the Federal Bureau of Prisons
considered to be high-risk or assessed
to be a potential target for unlawful
unmanned aircraft activity; or
``(III) protection of the buildings
and grounds leased, owned, or operated
by or for the Department of Justice
identified as essential to the function
of the Department of Justice, and the
provision of security for Federal
courts, as specified in section 566(a)
of title 28, United States Code; and
``(iii) a mission authorized to be
performed by the Department of Homeland
Security or the Department of Justice, acting
together or separately, consistent with
governing statutes, regulations, and orders
issued by the Secretary or the Attorney
General, respectively, relating to--
``(I) National Special Security
Events and Special Event Assessment
Rating events;
``(II) upon the request of a
State's governor or attorney general,
providing support to State, local, or
tribal law enforcement to ensure
protection of people and property at
mass gatherings, where appropriate and
within available resources;
``(III) active Federal law
enforcement investigations, emergency
responses, or security operations; or
``(IV) in the event that either the
Department of Homeland Security or the
Department of Justice has identified a
national security threat against the
United States and the threat could
involve unlawful use of an unmanned
aircraft, responding to such national
security threat.
``(4) The terms `electronic communication', `intercept',
`oral communication', and `wire communication' have the meaning
given those terms in section 2510 of title 18, United States
Code.
``(5) 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.
``(6) For purposes of subsection (a), the term `personnel'
means--
``(A) officers and employees of the Department of
Homeland Security or the Department of Justice; or
``(B) individuals employed by contractors of the
Department of Homeland Security who are subject to the
supervision, control, or direction of the respective
department and are assigned by that department to
perform the duties described in subsection (a) in
accordance with regulations or guidance established
under subsection (d).
``(7) The terms `unmanned aircraft' and `unmanned aircraft
system' have the meanings given those terms in section 331 of
the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101
note).
``(l) Department of Homeland Security Assessment.--
``(1) Report.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall issue an
assessment to the appropriate congressional committees,
including--
``(A) an evaluation of the threat from unmanned
aircraft systems to United States critical
infrastructure (as defined in this Act) and to domestic
large hub airports (as defined in section 40102(a)(29)
of title 49, United States Code);
``(B) an evaluation of current Federal and State,
local, or tribal law enforcement authorities to counter
the threat identified in subparagraph (A), including
section 99.7 of title 14, Code of Federal Regulations,
or any successor thereto;
``(C) an evaluation of the knowledge of, efficiency
of, and effectiveness of current procedures and
resources available to owners of critical
infrastructure and domestic large hub airports when
they believe a threat from unmanned aircraft systems is
present and what additional actions, if any, the
Department could implement under existing authorities
to assist these entities to counter the threat
identified in subparagraph (A);
``(D) an assessment of what, if any, additional
authorities the Department needs to counter the threat
identified in subparagraph (A); and
``(E) an assessment of what, if any, additional
research and development the Department needs to
counter the threat identified in subparagraph (A).
``(2) Unclassified form.--The report required under
paragraph (1) shall be submitted in unclassified form, but may
contain a classified annex.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
210F the following:
``Sec. 210G. Protection of certain facilities and assets from unmanned
aircraft.''.
SEC. 3. DEPARTMENT OF HOMELAND SECURITY EFFORTS TO HELP PROTECT
INDIVIDUALS FROM VEHICULAR TERRORISM.
(a) Definition.--In this section--
(1) the term ``emergency response providers'' has the
meaning given the term in section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101); and
(2) the term ``vehicular terrorism'' means an action that
uses automotive transportation to inflict violence and
intimidation on individuals for a political purpose.
(b) Assessment.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Homeland Security shall--
(1) assess the threat of vehicular terrorism and activities
the Department of Homeland Security is undertaking to support
emergency response providers and the private sector to prevent,
mitigate, and respond to vehicular terrorism; and
(2) based on the assessment conducted under paragraph (1),
brief the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of
the House of Representatives on--
(A) the findings of the assessment; and
(B) a strategy to improve the efforts of the
Department of Homeland Security to support emergency
response providers and the private sector to prevent,
mitigate, and respond to the threat of vehicular
terrorism.
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