[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1386 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 1386
To establish a Department of State Domestic Protection Mission relating
to unmanned aircraft system and unmanned aircraft.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 14, 2025
Mr. Mills (for himself and Mr. McCaul) introduced the following bill;
which was referred to the Committee on Foreign Affairs, and in addition
to the Committees on Transportation and Infrastructure, the Judiciary,
and Energy and Commerce, 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 establish a Department of State Domestic Protection Mission relating
to unmanned aircraft system and unmanned aircraft.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEPARTMENT OF STATE DOMESTIC PROTECTION MISSION.
(a) Authority.--Notwithstanding section 46502 of title 49, United
States Code, sections 32, 1030, 1367, and chapters 119 and 206 of title
18, United States Code, or section 705 of the Communications Act of
1934, the Secretary of State may take, and may authorize appropriate
personnel, including Bureau of Diplomatic Security personnel and
contractors, 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 a
credible threat (as defined by the Secretary of State, in consultation
with the Federal Aviation Administration) 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 described in this paragraph
are the following:
(A) During the operation of the unmanned aircraft
system, 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) Research, testing, training, and evaluation.--
(A) In general.--Notwithstanding section 46502 of
title 49, United States Code, sections 32, 1030, 1367,
and chapters 119 and 206 of title 18, United States
Code, or section 705 of the Communications Act of 1934,
the Secretary of State shall conduct research, testing,
training on, and evaluation of any equipment, including
any electronic equipment, to determine its capability
and utility prior to the use of any such technology for
any action described in paragraph (1). Personnel,
including contractors, who do not have duties that
include the safety, security, or protection of people,
facilities, or assets may engage in research, testing,
training, and evaluation activities pursuant to this
section.
(B) Coordination.--The Secretary shall coordinate
procedures governing research, testing, training, and
evaluation for carrying out any provision in this
section with the Administrator of the Federal Aviation
Administration before initiating such activities so the
Administrator may ensure the activities do not
adversely impact or interfere with safe airport
operations, navigation, air traffic services, or the
safe and efficient operation of the national airspace
system.
(c) Forfeiture.--Any unmanned aircraft system or unmanned aircraft
described in subsection (a) that is seized by the Secretary of State is
subject to forfeiture to the United States pursuant to the provisions
of chapter 46 of title 18, United States Code.
(d) Regulations and Guidance.--The Secretary of State and the
Secretary of Transportation, in consultation with the Assistant
Secretary of Commerce for Communications and Information of the
National Telecommunications and Information Administration, may
prescribe regulations and shall issue guidance in the respective areas
of each Secretary to carry out this section.
(e) Coordination.--
(1) In general.--The Secretary of State shall develop the
actions described in subsection (b)(1) in coordination with the
Secretary of Transportation (through the Administrator of the
Federal Aviation Administration), and the Assistant Secretary
of Commerce for Communications and Information of the National
Telecommunications and Information Administration.
(2) Further coordination.--The Secretary of State shall
coordinate with the Administrator of the Federal Aviation
Administration prior to any action authorized by this section
so the Administrator may ensure the action does not adversely
impact or interfere with safe airport operations, navigation,
air traffic services, or the safe and efficient operation of
the national airspace system.
(3) Further coordination.--The Secretary of State shall
coordinate the development of guidance and regulations under
subsection (d) with the Federal Aviation Administration, the
Federal Communications Commission, and the National
Telecommunications and Information Administration.
(4) Further coordination.--Before issuing any guidance
under subsection (d), or otherwise implementing this section,
the Secretary of State shall coordinate with the Administrator
of the Federal Aviation Administration to ensure such guidance
or implementation is designed to preserve safe airport
operations, navigation, air traffic services, and the safe and
efficient operation of the national airspace system.
(f) Privacy Protection.--The regulations prescribed or guidance
issued under subsection (d) shall ensure that--
(1) the interception or acquisition of, access to, or
maintenance or use of communications to or from an unmanned
aircraft system under this section is conducted in a manner
consistent with the First and Fourth Amendments to the
Constitution 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 the actions described in subsection (b);
(3) records of such communications are maintained only for
as long as necessary, and in no event more than 180 days,
unless the Secretary of State determines that maintenance of
such records--
(A) is necessary to investigate or assist in the
prosecution of a violation of law;
(B) is necessary to directly support an ongoing
security, law enforcement, or national defense
operations; or
(C) is required under Federal statue, regulation,
or for the purpose of litigation; and
(4) such communications are not disclosed outside the
Department of State unless the disclosure--
(A) is necessary to investigate or assist in the
prosecution of a violation of law;
(B) would support the Department of Defense, a
Federal law enforcement, intelligence, or security
agency, or a State, local, tribal, or territorial law
enforcement agency;
(C) would support the enforcement 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 relating to, an action described in subsection
(b);
(D) is between the Department of State and a
Federal, State, local, tribal, or territorial law
enforcement agency in the course of a security or
protection operation of either agency or a joint
operations of such agencies; or
(E) is otherwise required by law.
(g) Budget.--The Secretary of State shall submit to Congress, as a
part of the budget presentation documents for each fiscal year
following the enactment of this provision, a consolidated funding
display that identifies the funding source for the actions described in
subsection (b)(1) within the Department of State. The funding display
shall be in unclassified form but may contain a classified annex.
(h) Assistance and Support.--
(1) Facilities and services of other agencies and non-
federal entities.--The Secretary is authorized to use, solicit,
or accept from any other Federal agency, or any other public or
private entity, supplies, services, or funds to facilitate or
take the actions provided for in subsection (b). The Secretary
may use, solicit, or accept such supplies, services, or funds
with or without reimbursement and notwithstanding any provision
of law that would prevent such use or acceptance. The Secretary
in implementing subsection (l)(3)(C) may enter into agreements
with other executive agencies and with appropriate officials of
other non-Federal public or private agencies or entities, as
may be necessary and proper to carry out their responsibilities
under this section.
(2) Mutual support.--The Secretary is authorized to provide
support or assistance, upon the request of an agency or
department conducting a mission specified in section 210G of
the Homeland Security Act of 2002 (6 U.S.C. 124n), section 130i
of title 10, United States Code, or section 4510 of the Atomic
Energy Defense Act (50 U.S.C. 2661), in fulfilling the
requesting agency's or department's roles and responsibilities
for that mission, when exigent circumstances exist, limited to
a specified timeframe and location, within available resources,
on a reimbursable or non-reimbursable basis, in coordination
with the Federal Aviation Administration.
(i) Semiannual Briefings.--
(1) In general.--On a semiannual basis beginning six months
following the enactment of this provision during the seven-year
period beginning upon enactment of this provision, the
Secretary of State and the Secretary of Transportation shall
jointly provide a briefing to the appropriate congressional
committees on the activities carried out pursuant to this
section. Such briefings shall include a description of--
(A) policies, programs, and procedures to mitigate
or eliminate impacts of such activities to the National
Airspace System;
(B) instances where actions described in subsection
(b)(1) have been taken;
(C) the guidance, policies, or procedures
established to address privacy, civil rights, and civil
liberties issues implicated by the actions authorized
under this section and any changes or subsequent
efforts that would significantly affect privacy, civil
rights, or civil liberties;
(D) how the Secretaries have informed the public as
to the possible use of authorities under this section;
(E) how the Secretaries have engaged with Federal,
State, and local law enforcement agencies to implement
and use such authorities; and
(F) a description of the impact of the authorities
granted under this section on lawful operator access to
national airspace and UAS integration into the national
airspace system.
(2) Form.--Each briefing under paragraph (1) shall be in
unclassified form but may be accompanied by an additional
classified briefing.
(j) Rule of Construction.--Nothing in this section may be construed
to--
(1) vest in the Secretary of State any authority of the
Secretary of Transportation or the Administrator of the Federal
Aviation Administration under title 49, United States Code; and
(2) vest in the Secretary of Transportation or the
Administrator of the Federal Aviation Administration any
authority of the Secretary of State.
(k) Termination.--The authority provided by subsection (a) shall
terminate on the date that is 7 years after the enactment of this Act.
(l) Definitions.--In this section--
(1) the term ``appropriate congressional committees''
means--
(A) the Senate Foreign Relations Committee and the
House Foreign Affairs Committee;
(B) the Select Committee on Intelligence, the
Committee on the Judiciary, and the Committee on
Commerce, Science, and Transportation of the Senate;
and
(C) the Permanent Select Committee on Intelligence,
the Committee on the Judiciary, and the Committee on
Transportation and Infrastructure 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,
United States Code;
(3) the term ``covered facility or asset'' means any
facility or asset that--
(A) is identified as high-risk and a potential
target for unlawful unmanned aircraft activity by the
Secretary of State, in coordination with the Federal
Aviation Administration, 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 of the United States);
(C) directly relates to the security and protective
missions of the Department of State, including those
consistent with--
(i) the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4801, et
seq.); and
(ii) section 37 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2709);
and
(D) when fulfilling personal protection
responsibilities consistent with 22 U.S.C.
4802(a)(1)(D), 4802(a)(2)(B)(vii), 4802
(a)(2)(B)(viii), and 2709(a)(3), is limited to a
specified timeframe at a static location;
(4) the terms ``electronic communication'', ``intercept'',
``oral communication'', and ``wire communication'' have the
meanings given those terms in section 2510 of title 18, United
States Code;
(5) the term ``personnel''--
(A) means officers, employees, and contractors of
the Department of State with assigned duties that
include safety, security, or protection of personnel,
facilities, or assets and who are trained and certified
to perform such duties, including training specific to
countering unmanned aircraft threats and mitigating
risks in the national airspace; and
(B) includes contractors conducting operations
under subsections (a) and (b) if the contractors are--
(i) directly contracted by the Department
of State;
(ii) operating at a government owned or
government leased facility;
(iii) not conducting inherently
governmental functions; and
(iv) trained and certified by the
Department of State as meeting established
Department guidance and regulations;
(6) the term ``risk-based assessment'' includes an
evaluation of threat information specific to a covered facility
or asset and, with respect to potential impacts on the safety
and efficiency of the national airspace system and the needs of
law enforcement and national security at each covered facility
or asset identified by the Secretary, of each of the following
factors:
(A) Potential impacts to safety, efficiency, and
use of the national airspace system, including
potential effects on manned aircraft and unmanned
aircraft 30 systems, aviation safety, airport
operations, infrastructure, and air navigation services
related to the use of any system or technology for
carrying out the actions described in subsection
(b)(1).
(B) Options for mitigating any identified impacts
to the national airspace system related to the use of
any system or technology, including minimizing when
possible the use of any technology which disrupts the
transmission of radio or electronic signals, for
carrying out the actions described in subsection
(b)(1).
(C) Potential consequences of the impacts of any
actions taken under subsection (b)(l) to the national
airspace system and infrastructure if not mitigated.
(D) The ability to provide reasonable advance
notice to aircraft operators consistent with the safety
of the national airspace system and the needs of law
enforcement and national security.
(E) The setting and character of any covered
facility or asset, including whether it is located in a
populated area or near other structures, whether the
facility is open to the public, whether the facility is
also used for nongovernmental functions, and any
potential for interference with wireless communications
or for injury or damage to persons or property.
(F) Potential consequences to national security,
public safety, or law enforcement if threats posed by
unmanned aircraft systems are not mitigated or
resolved; and
(7) the terms ``unmanned aircraft'' and ``unmanned aircraft
system'' have the meanings given those terms in section 44801
of title 49, United States Code.
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