((a)) ** .—** Notwithstanding , or section 32, 1030, or 1367 or chapter 119 or 206 of title 18, the Secretary of Defense may take, and may authorize members of the armed forces and officers, civilian employees, and contractors of the Department of Defense 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 of Defense, 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)) ** .—**
((1)) The actions described in this paragraph 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, including through the use of remote identification broadcast or other 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)) The Secretary of Defense shall develop the actions described in paragraph (1) in coordination with the Secretary of Transportation.
((c)) ** .—**
((1)) Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by the Secretary of Defense is subject to forfeiture to the United States.
((2)) Any forfeiture conducted under paragraph (1) shall be made subject to the requirements for civil, criminal, or administrative forfeiture.
((d)) ** .—**
((1)) The Secretary of Defense and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of each Secretary to carry out this section.
((2))
((A)) The Secretary of Defense and the Secretary of Transportation shall coordinate in the development of guidance under paragraph (1).
((B)) The Secretary of Defense shall 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.
((C)) If the Secretary of Transportation notifies the Secretary of Defense that the manner of implementation of this section by the Department of Defense would result in an adverse impact to civil aviation safety, the Secretary of Defense shall consult with the Secretary of Transportation to mitigate adverse impacts.
((3)) The Secretary of Defense shall ensure that the regulations prescribed or guidance issued under paragraph (1) require that, when taking an action described in subsection (b)(1), all due consideration is given to—
((A)) mitigating impacts on privacy and civil liberties under the first and fourth amendments to the Constitution of the United States;
((B)) mitigating damage to, or loss of, real and personal property;
((C)) mitigating any risk of personal injury or death; and
((D)) when practicable, obtaining the identification of, or issuing a warning to, the operator of an unmanned aircraft system or unmanned aircraft prior to taking action under subparagraphs (C) through (F) of subsection (b)(1), unless doing so would—
((i)) endanger the safety of members of the armed forces or civilians;
((ii)) create a flight risk or result in the destruction of evidence; or
((iii)) seriously jeopardize an investigation, criminal proceeding, or legal proceeding pursuant to subsection (c).
((e)) ** .—** The regulations prescribed or guidance issued under subsection (d) shall ensure that—
((1)) the interception, acquisition, maintenance, or use of, or access to, 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 an action described in subsection (b)(1);
((3)) records of such communications are maintained only for as long as necessary, and in no event maintained for more than 180 days unless the Secretary of Defense determines that maintenance of such records—
((A)) is necessary to investigate or prosecute a violation of law or to directly support an ongoing security operation; or
((B)) is required under Federal law or for the purpose of any litigation; and
((4)) such communications are not disclosed outside the Department of Defense unless the disclosure—
((A)) is necessary to support an ongoing action described in subsection (b)(1);
((B)) would support a civilian law enforcement agency or the enforcement activities of a regulatory agency of the Federal Government in connection with a criminal or civil investigation of, or any regulatory action with regard to, an action described in subsection (b)(1);
((C)) is necessary to support the counter-unmanned aircraft systems activities of another Federal agency with authority to mitigate the threat of unmanned aircraft systems or unmanned aircraft in mitigating such threats; or
((D)) is otherwise required by law or regulation.
((f)) ** .—** Claims for loss of property, injury, or death pursuant to actions under subsection (b) may be made consistent with chapter 171 of title 28, and chapter 163 of this title, as applicable.
((g)) ** .—** The Secretary of Defense shall submit to Congress, as a part of the defense budget materials for each fiscal year after fiscal year 2018, a consolidated funding display that identifies the funding source for the actions described in subsection (b)(1) within the Department of Defense. The funding display shall be in unclassified form, but may contain a classified annex.
((h)) ** .—**
((1)) On a semiannual basis during the five-year period beginning , the Secretary of Defense shall submit to the appropriate congressional committees and publish on a publicly available website a report summarizing all detection and mitigation activities conducted under this section during the previous year to counter unmanned aircraft systems.
((2)) Each report 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 Secretaries have informed the public as to the possible use of authorities under this section; and
((D)) how the Secretaries have engaged with Federal, State, and local law enforcement agencies to implement and use such authorities.
((3)) Each briefing under paragraph (1) shall be in unclassified form, and shall be accompanied by an additional classified briefing.
((i)) ** .—**
((1)) Not later than 180 days after the date of the enactment of this subsection, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees and publish on a publicly available website a report summarizing all detection and mitigation activities conducted under this section during the previous year to counter unmanned aircraft systems.
((2)) Each report under paragraph (1) shall include—
((A)) information on any violation of, or failure to comply with, the privacy and civil liberties protections referenced in this section by personnel authorized to conduct detection and mitigation activities, including a description of any such violation or failure;
((B)) data on the number of detection activities conducted, the number of mitigation activities conducted, and the number of instances of communications interception from an unmanned aircraft system;
((C)) whether any unmanned aircraft that experienced mitigation was engaged in or attempting to engage in activities protected under the first amendment to the Constitution if such intent is readily and reasonably ascertainable;
((D)) whether any unmanned aircraft or unmanned aircraft system was properly or improperly seized, disabled, damaged, or destroyed and an identification of any methods used to seize, disable, damage, or destroy such aircraft or system; and
((E)) a description of the efforts of the Federal Government to protect privacy and civil liberties when carrying out detection and mitigation activities under this section to counter unmanned aircraft systems.
((3)) Each report required under paragraph (1) shall be submitted and published in unclassified form, but may include a classified annex.
((j)) ** .—** Nothing in this section may be construed to—
((1)) vest in the Secretary of Defense any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration under title 49; and
((2)) vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary of Defense under this title.
((k)) ** .—**
((1)) The Secretary of Defense, the Attorney General, and the Administrator of the Federal Aviation Administration shall jointly establish by memorandum of understanding an interagency executive committee (referred to in this subsection as the “executive committee”), for the purpose of exchanging views, information, and advice relating to the execution of this section.
((2)) The memorandum of understanding entered into under paragraph (1) shall include—
((A)) a description of the officials and other individuals to be invited to participate as members in the executive committee;
((B)) a procedure for creating a forum to carry out the purpose described in paragraph (1);
((C)) a procedure for rotating the Chairperson and meeting location of the executive committee; and
((D)) a procedure for scheduling regular meetings of the executive committee no fewer than three times each calendar year.
((l)) ** .—** Not later than April 1 of each year this section is in force, the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report containing—
((1)) a summary of the use of activities described in subsection (b);
((2)) an identification of additional missions of the Department of Defense for which the actions described in subsection (b)(1) are appropriate, as identified by the Secretary and including the specific list of facilities, installations, or assets, if any, that would be included if protections described in subsection (b)(1) were extended to facilities associated with the missions in such report;
((3)) an updated copy of the memorandum of understanding required by subsection (k);
((4)) a summary of actions taken by the interagency executive committee required by subsection (k);
((5)) a summary of recommendations produced by each member of the interagency executive committee required by subsection (k), disaggregated by department or agency; and
((6)) a summary of actions taken as a result of meetings or decisions taken by the interagency executive committee required by subsection (k) to change procedures, regulations, guidelines, or other governing instruction of the Department of Defense relating to the use of authority provided by this section.
((m)) ** .—** In this section:
((1)) The term “appropriate congressional committees” means—
((A)) the congressional defense committees;
((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 .
((3)) The term “contractor” means a person who—
((A)) performs functions that support or carry out actions authorized in this section pursuant to a contract or subcontract entered into with an entity of the Department of Defense; and
((B)) has completed training for the counter-unmanned aircraft system the person will use in performance of such functions, as certified by the Secretary of Defense.
((4)) The term “covered facility or asset—”
((A)) means any facility or asset that—
((i)) is identified by the Secretary of Defense, in consultation with the Secretary of Transportation with respect to potentially impacted airspace, through a risk-based assessment for purposes of this section;
((ii)) is located in the United States (including the territories and possessions of the United States); and
((iii)) directly relates to the missions of the Department of Defense pertaining to—
((I)) nuclear deterrence, including with respect to nuclear command and control, integrated tactical warning and attack assessment, and continuity of government;
((II)) missile defense;
((III)) national security space;
((IV)) assistance in protecting the President or the Vice President (or other officer immediately next in order of succession to the office of the President) pursuant to the Presidential Protection Assistance Act of 1976 ( note);
((V)) air defense of the United States, including air sovereignty, ground-based air defense, and the National Capital Region integrated air defense system;
((VI)) combat support agencies (as defined in paragraphs (1) through (4) of );
((VII)) special operations activities specified in paragraphs (1) through (9) of ;
((VIII)) production, storage, transportation, or decommissioning of high-yield explosive munitions, by the Department;
((IX)) a Major Range and Test Facility Base (as defined in );
((X)) the physical security of other installations or property owned, leased, or operated by the Department of Defense to which the public is not permitted regular, unrestricted access, determined by the Secretary on a site by site basis to be critical to the national defense and certified as such to the Secretary of Transportation, the Attorney General, and the appropriate congressional committees; or
((XI)) assistance to Federal, State, or local officials in responding to incidents involving nuclear, radiological, biological, or chemical weapons, high-yield explosives, or related materials or technologies, as well as support pursuant to ; and
((B)) includes any persons physically present at any such facility or asset.
((5)) The term “defense budget materials”, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.
((6)) The terms “electronic communication”, “intercept”, “oral communication”, and “wire communication” have the meanings given those terms in .
((7)) The terms “unmanned aircraft” and “unmanned aircraft system” have the meanings given those terms in .
((n)) ** .—** The authority to carry out this section shall terminate on .
