[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10555 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 10555
To create mechanisms by which state law enforcement can coordinate with
the federal government to detect and stop drones involved in unlawful
activities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 20, 2024
Mr. Smith of New Jersey (for himself and Mr. Van Drew) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Transportation and Infrastructure,
Homeland Security, and Armed Services, 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 create mechanisms by which state law enforcement can coordinate with
the federal government to detect and stop drones involved in unlawful
activities, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Law Against
Nefarious Drones, Enforcement, Deconfliction Act'' or the ``LANDED
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Counter-UAS mitigation law enforcement cooperation.
Sec. 4. Mandatory drone deconfliction reporting.
Sec. 5. Rapid response.
Sec. 6. Counter-UAS Security Grant Program.
Sec. 7. Review and report on UAS activity.
SEC. 2. DEFINITIONS.
(a) Application of Terms.--Unless otherwise specified, the terms in
section 44801 of title 49, United States Code, shall apply to this Act.
(b) In General.--In this Act:
(1) Approved counter-uas detection system.--The term
``approved counter-UAS detection system'' means a system or
device capable of lawfully and safely disabling disrupting or
seizing control of an unmanned aircraft system.
(2) Unmanned aircraft system.--The Term ``unmanned aircraft
system'' means an unmanned aircraft and associated elements
(including communications links and components that control the
unmanned aircraft) that are required for the operator to
operate safely and efficiently in the national airspace system.
(3) Threats posed by an unmanned aircraft or unmanned
aircraft system.--The term ``threats posed by an unmanned
aircraft system 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;
(C) poses a threat to law enforcement, public
safety, and national security installations, and or
critical infrastructure; or
(B) have the potential to cause severe economic
damage.
SEC. 3. COUNTER-UAS MITIGATION LAW ENFORCEMENT COOPERATION.
(a) In General.--Subject to the availability of appropriations for
such purpose, the Secretary of Homeland Security, in coordination with
the Attorney General and the Administrator of the Federal Aviation
Administration, shall establish appropriate policies, procedures, and
protocols necessary to allow the State law enforcement agency in each
State (in coordination with the Secretary, Attorney General, and
Administrator) to acquire, deploy, operate, and train with approved
counter-UAS mitigation systems and mitigate unauthorized UAS
operations.
(b) Required Application.--
(1) In general.--In carrying out this section, the
Secretary of Homeland Security, in coordination with the
Attorney General and the Administrator, shall establish an
application process to authorize the acquisition, deployment,
and operation of an approved counter-UAS mitigation system,
equipment, or technology by State law enforcement agencies.
(c) Agreements.--Upon approval of an application required under
subsection (b) by the Secretary of Homeland Security, the Secretary
shall enter into an agreement with the applicable State law enforcement
agency to authorize the acquisition, deployment, operation of an
approved counter-UAS mitigation system, equipment, or technology, that
shall specify, at a minimum--
(1) the approved counter-UAS mitigation system, equipment,
or technology to be operated;
(2) the authority to respond to threats posed by an
unmanned aircraft system or unmanned aircraft system;
(3) the time periods, dates, and circumstances during which
the counter-UAS mitigation system, equipment, or technology may
be operated;
(4) any terms and conditions on the deployment and
operation of an approved counter-UAS mitigation system,
equipment, or technology the Secretary determines necessary to
ensure public safety;
(5) the frequency with which the appropriate Federal agency
representatives shall conduct periodic site visits to ensure
compliance with the approved terms and conditions of deployment
and operations of the approved counter-UAS mitigation system,
equipment, or technology; and
(6) the post-event reporting requirements specified in
subsection (d)(3).
(d) Authorization.--Notwithstanding section 46502 of title 49,
United States Code, or sections 32, 1030, 1367 and chapters 119 and 206
of title 18, United States Code, any State law enforcement agency which
has been approved through the application process described in
paragraph (b)(1) may authorize personnel with assigned duties that
include the safety, security, or protection of people, facilities, or
assets to take such actions as are described in subsection (g) that are
necessary to detect, identify, monitor, track, or mitigate a credible
threat posed by an unmanned aircraft or unmanned aircraft system.
(e) FCC.--
(1) Other interference.--In establishing minimum
performance requirements under subsection 3 (a), the
Administrator shall consider criteria, as determined by the
Chair of the Federal Communications Commission, to determine
the extent to which counter-UAS detection and mitigation
systems, equipment, or technology can be safely operated
without disrupting or interfering with the operation of
civilian communications and information technology networks and
systems, including such networks and systems that rely on radio
frequency or cellular network communications links.
(2) Spectrum impact consultation.--The Secretary, the
Attorney General, and the Administrator of the Federal Aviation
Administration shall consult with the Chair of the Federal
Communications Commission or the Administrator of the National
Telecommunications and Information Administration as
appropriate, to determine whether the use of counter-UAS
detection or mitigation system, equipment, or technology
approved for use by the Department of Homeland Security does
not present an adverse impact on civilian telecommunications
spectrum, internet or radio communication network or systems.
(f) Equipment Authorization.--Any equipment authorized to be
acquired under this act may be authorized by either the Secretary of
Homeland Security or the Administrator of the Federal Aviation
Administration.
(g) Actions Described.--The actions authorized in subsection (d)
are the following:
(1) During the operation of the unmanned aircraft system or
unmanned aircraft, detecting, identifying, monitoring, and
tracking 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.
(2) 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.
(3) Disrupt control of the unmanned aircraft system or
unmanned aircraft, without prior consent of the operator of the
unmanned aircraft system or unmanned aircraft, 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.
(4) Seize or exercise control of the unmanned aircraft
system or unmanned aircraft.
(5) Seize or otherwise confiscate the unmanned aircraft
system or unmanned aircraft.
(6) Use reasonable force, if necessary, to disable, damage,
or destroy the unmanned aircraft system or unmanned aircraft.
(h) Required Coordination and Notification.--
(1) In general.--Until the date that is 180 days after the
initial deployment of an authorized counter-UAS system,
equipment, or technology, the Secretary of Homeland Security
shall expressly approve, on a case-by-case basis, the
mitigation of unmanned aircraft system by a State law
enforcement agency under this section.
(2) Verification and notification.--In carrying out
paragraph (1), the Secretary of Homeland Security shall--
(A) verify that there is a justifiable threat that
warrants the use of such counter-UAS system, equipment,
or technology;
(B) verify that the use of such counter-UAS system,
equipment, or technology will--
(i) be conducted in a manner consistent
with the agreement between the Secretary and
the State law enforcement agency; and
(ii) abide by all safety protocols, terms,
and conditions established for the use of such
system, equipment, or technology at the covered
site; and
(C) immediately notify the Administrator of the
Federal Aviation Administration of the approval
provided under this paragraph.
(3) Report.--
(A) In general.--Not later than 24 hours after each
mitigation of a UAS conducted under the authorities in
this section, the relevant State law enforcement agency
shall submit to the Secretary of Homeland Security, the
Administrator of the Federal Aviation Administration,
and the Attorney General a post-event report.
(B) Contents.--The report under subparagraph (A)
shall include all relevant information pertaining to
the event, including the drone operation, and
subsequent mitigation and enforcement actions, and
subsequent enforcement actions, as specified by the
Secretary.
(i) Revocation.--The Secretary shall revoke
the authorization or approval for the
deployment and operation of an approved
counter-UAS mitigation system, equipment, or
technology pursuant to this section if the
Secretary determines that the covered entity
has not--
(1) maintained an agreement that is acceptable to the
Secretary with a State law enforcement agency to operate such
approved counter-UAS mitigation system, equipment, or
technology on behalf of the covered entity; and
(2) complied with the privacy protections under section
210G(e) of the Homeland Security Act of 2002 (6 U.S.C.
124n(e)).
(j) Coordination.--The Secretary shall coordinate with the
Administrator of the Federal Aviation Administration and the Attorney
General in carrying out the application, agreement, and revocation
processes under this section.
(k) Selection Criteria.--
(1) Airspace considerations.--The Administrator of the
Federal Aviation Administration, in coordination with the
Secretary of Homeland Security and the Attorney General, shall
make a location-specific determination for each applicable
state law enforcement agency selected under the approval
process established under this section to ensure that any
potential use of counter-UAS mitigation systems, equipment, or
technology will not interfere with or adversely impact the safe
operation of the national airspace system, including any
airport that is located within the state.
(2) Ineligibility for participation.--If an adverse impact
is identified under paragraph (1) and cannot be safely
mitigated to the satisfaction of the Administrator, the
applicable state law enforcement is not eligible for to use
counter-UAS systems within a range determined by the Federal
Aviation Administrator of the site of interference.
SEC. 4 MANDATORY DRONE DECONFLICTION REPORTING.
(a) In General.--Subject to the availability of appropriations for
such purpose, not later than 180 days after the first determination
that a counter-UAS system with mitigation capabilities meets the
requirements of section 44810(e) of title 49, United States Code, the
Secretary of Homeland Security, in coordination with the Administrator
of the Federal Aviation Administration, shall establish appropriate
policies to ensure deconfliction between federal, state, or local
agencies regarding drones flown by other federal, state, or local
agencies.
(b) Mandatory Reporting Requirement.--
(1) In general.--In carrying out this section, the
Secretary of Homeland Security, in coordination with the
Administrator, shall establish a mandatory non-emergency
reporting requirement mechanism for federal, state, and local
law enforcement agencies.
(2) Mandatory reporting requirements.--The reporting
requirement described in paragraph (1) shall contain--
(A) A database containing a drone which is
currently being used in a non-emergency operation's
transponder ID and the date and time of its usage.
(B) A method for federal, state, and local law
enforcement to check if a drone's transponder is within
the database and is currently in use.
SEC. 5 RAPID RESPONSE.
(a) In General.--Notwithstanding any other provision of this Act,
the Secretary of Homeland Security may act rapidly to respond to a
State request for assistance on a UAS mitigation situation in an
emergency.
(b) Process for Responding.--The Secretary of Homeland Security
shall establish a process for rapid response described in subsection
(a).
SEC. 6 COUNTER-UAS SECURITY GRANT PROGRAM.
(a) Establishment.--There is established in the Department a
program to be known as the ``Counter-UAS Security Grant Program'' (in
this section referred to as the ``Program''). Under the Program, the
Secretary, acting through the Administrator, shall make grants to
eligible state law enforcement and emergency management agencies for
the acquisition of counter-UAS equipment.
(b) Eligible Recipients.--Eligible recipients are law enforcement
agencies of States.
(c) Permitted Uses.--The recipient of a grant under this section
may use such grant for any of the following uses--
(1) acquisition of approved counter-UAS systems;
(2) fees for training approved personnel; and
(3) any other appropriate activity, including
administrative activities, as determined by the Administrator.
(d) Period of Performance.--The Administrator shall make funds
provided under this section available for use by a recipient of a grant
for a period of not less than 24 months.
SEC. 7 REVIEW AND REPORT ON UAS ACTIVITY.
(a) Review.--The Inspector General of the Department of Defense
shall conduct a review of potential foreign adversary connected UAS
Activity over critical military installations, vessels, aircraft, and
the Homeland, and other matters.
(b) Report.--Not later than 90 days after the enactment of this
Act, the Inspector General shall submit to the relevant committees a
report on--
(1) UAS activity over military installations in the United
States and abroad,
(2) UAS activity in close proximity to sensitive national
security installations,
(3) instances of UAS activity in the vicinity of U.S.
military and law enforcement vessels and aircraft,
(4) instances of the executive branch not sharing UAP
information with Congress when requested,
(5) the process for deploying counter-UAS systems to assist
state and local law enforcement,
(6) instances where the Department of Defense deployed
counter-UAS systems to assist state and local law enforcement,
and
(7) an analysis of near-peer actors who posses the
capabilities to conduct such activities.
(c) Definition of Relevant Committee.--In this section, the term
``relevant committees'' means--
(1) the Committees on Armed Services of the House of
Representatives and the Senate;
(2) the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and the
Government Affairs of the Senate;
(3) the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate;
(4) the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate;
(5) the Permanent Select Committee on Intelligence of the
House of Representatives, the Select Committee on Intelligence
in the Senate;
(6) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations in the
Senate; and
(7) the Committee on Oversight and Accountability of the
House of Representatives.
(2) Form.--The reports required under subsections (b) shall
be submitted in unclassified form, but may include a classified
annex.
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