H.R. 1386
119th CONGRESS 1st Session
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 · Sponsor: Mr. Mills
Table of contents
SEC. 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:
- 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.
- 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.
- 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.
- Seize or exercise control of the unmanned aircraft system or unmanned aircraft.
- Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft.
- Use reasonable force to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft.
- The actions described in this paragraph are the following:
- (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.
- (A) In general
- (1) In general
- (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 of title 18, United States Code. chapter 46
- (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.
- (1) In general
- (f) Privacy protection
- The regulations prescribed or guidance issued under subsection (d) shall ensure that—
- 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;
- 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);
- 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—
- is necessary to investigate or assist in the prosecution of a violation of law;
- is necessary to directly support an ongoing security, law enforcement, or national defense operations; or
- is required under Federal statue, regulation, or for the purpose of litigation; and
- such communications are not disclosed outside the Department of State unless the disclosure—
- is necessary to investigate or assist in the prosecution of a violation of law;
- would support the Department of Defense, a Federal law enforcement, intelligence, or security agency, or a State, local, tribal, or territorial law enforcement agency;
- 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);
- 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
- is otherwise required by law.
- The regulations prescribed or guidance issued under subsection (d) shall ensure that—
- (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 (), section 130i of title 10, United States Code, or section 4510 of the Atomic Energy Defense Act (), 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. 6 U.S.C. 124n; 50 U.S.C. 2661
- (1) Facilities and Services of Other Agencies and Non-Federal Entities
- (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—
- policies, programs, and procedures to mitigate or eliminate impacts of such activities to the National Airspace System;
- instances where actions described in subsection (b)(1) have been taken;
- 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;
- how the Secretaries have informed the public as to the possible use of authorities under this section;
- how the Secretaries have engaged with Federal, State, and local law enforcement agencies to implement and use such authorities; and
- 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.
- 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—
- (2) Form
- Each briefing under paragraph (1) shall be in unclassified form but may be accompanied by an additional classified briefing.
- (1) In general
- (j) Rule of construction
- Nothing in this section may be construed to—
- 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
- vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary of State.
- Nothing in this section may be construed to—
- (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—
- the term
appropriate congressional committeesmeans— - the term , 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;
budget - the term
covered facility or assetmeans any facility or asset that— - the terms , , , and have the meanings given those terms in section 2510 of title 18, United States Code;
electronic communication,intercept,oral communication,wire communication - the term —
personnel - the term 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:
risk-based assessment - the terms and have the meanings given those terms in section 44801 of title 49, United States Code.
unmanned aircraft,unmanned aircraft system
- the term
- In this section—