119-hr1386

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1386 Introduced in House

    (IH) ]

<DOC>

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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