Authorities
Authority of the Department of Homeland Security and Department of Justice
section 46502 of title 49Notwithstanding or sections 32, 1030, 1367 and chapters 119 and 206 of title 18, the Secretary and the Attorney General may, for their respective Departments, take and may authorize personnel to take such actions as are described in subsection (b)(1) that are necessary to enforce the law, protect the public, or to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset.
Authority of State, local, Tribal, and territorial law enforcement and correctional agencies
section 46502 of title 49Notwithstanding or sections 32, 1030, 1367 and chapters 119 and 206 of title 18, notwithstanding the laws of any particular State, local, Tribal, or territorial jurisdiction, and after completing the training detailed in subsection (d)(2), any State, local, Tribal, or territorial law enforcement or correctional agency may, subject to subsection (d)(2), take, and authorize personnel with assigned duties that include the security or protection of people, facilities, or assets, to take such actions as are described in subsection (b)(1) that are necessary to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of people, facilities, and assets, a venue or set of venues used for large-scale public gatherings or events, critical infrastructure, or correctional facilities.
Actions described
In general
Required coordination
The Secretary and the Attorney General shall develop for their respective Departments the actions described in paragraph (1) in coordination with the Secretary of Transportation.
Research, testing, training, and evaluation
The Secretary and the Attorney General 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 subsection (b)(1).
Coordination
The Secretary and the Attorney General shall coordinate with the Administrator of the Federal Aviation Administration when any action authorized by this section might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of the airspace.
Forfeiture
Federal agencies
Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by the Secretary or the Attorney General pursuant to subsection (a)(1) is subject to forfeiture to the United States.
Other agencies
Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by a State, local, Tribal, or territorial law enforcement or correctional agency pursuant to subsection (a)(2) is subject to forfeiture under the laws of the agency’s jurisdiction.
Regulations and guidance
In general
The Secretary, the Attorney General, and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of each Secretary, the Attorney General, or any State, local, Tribal, or territorial law enforcement or correctional agency to carry out this section.
State, local, Tribal, and territorial law enforcement training and certification
Training and certification required
In general
Only State, local, Tribal, or territorial law enforcement and correctional officers who have been trained and certified by the Attorney General, or the Attorney General’s designee, in coordination with the Secretary of Homeland Security through a national schoolhouse which will serve as the sole certifying authority for State, local, Tribal, territorial, and correctional officers in the use of the authority granted under subsection (a)(2), may exercise authorities in subsection (b)(1)(C), (D), and (F).
Training and certification procedures
The Attorney General, in coordination with the Secretary of Homeland Security, the Secretary of Defense, and the Secretary of Transportation, shall, not later than 180 days after , develop training and certification procedures for the use of the authority described in subsection (a)(2) that State, local, Tribal, and territorial law enforcement and correctional officers shall be required to satisfy before taking any actions described in subsection (b)(1).
Technologies
Technologies used by State, local, Tribal, and territorial law enforcement or correctional agencies to take actions described in subsection (b)(1) shall be limited to systems or technologies that are included on a list of authorized technologies maintained jointly by the Department of Justice, the Department of Homeland Security, the Department of Defense, the Department of Transportation, the Federal Communications Commission, and the National Telecommunications and Information Administration.
Oversight
The Attorney General, in coordination with the Secretary of Homeland Security and the Administrator of the Federal Aviation Administration, shall oversee compliance with the requirements set forth in subsection (e) with respect to the use of the authority granted under subsection (a)(2) by each State, local, Tribal, and territorial law enforcement agency that has been certified pursuant to the training and certification requirements described in subparagraph (A).
State, local, Tribal, and territorial law enforcement and correctional agencies mitigation notification requirement
In general
Report mechanism
The Attorney General and the Secretary of Homeland Security shall establish a streamlined and secure submission mechanism to support the notification requirement under clause (i).
Reports
Coordination
Coordination with Department of Transportation
The Secretary and the Attorney General shall coordinate the development of their respective guidance under paragraph (1) with the Secretary of Transportation.
Effect on aviation safety
The Secretary and the Attorney General shall respectively 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.
Privacy protection
Budget
The Secretary and the Attorney General shall submit to Congress, as a part of the homeland security or justice budget materials for each fiscal year after fiscal year 2019, a consolidated funding display that identifies the funding source for the actions described in subsection (b)(1) within the Department of Homeland Security or the Department of Justice. The funding display shall be in unclassified form, but may contain a classified annex.
Semiannual briefings and notifications
In general
On a semiannual basis during the period beginning 6 months after , and ending on the date specified in subsection (i), the Secretary and the Attorney General shall, respectively, provide a briefing to the appropriate congressional committees on the activities carried out pursuant to this section.
Requirement
Each briefing required under paragraph (1) shall be conducted jointly with the Secretary of Transportation.
Content
Unclassified form
Each briefing required under paragraph (1) shall be in unclassified form, but may be accompanied by an additional classified briefing.
Notification
Within 30 days of deploying any new technology to carry out the actions described in subsection (b)(1), the Secretary and the Attorney General shall, respectively, submit a notification to the appropriate congressional committees. Such notification shall include a description of options considered to mitigate any identified impacts to the national airspace system related to the use of any system or technology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (b)(1).
Rule of construction
Applicability of other laws to activities related to the mitigation of threats from unmanned aircraft systems or unmanned aircraft
Terminations
Counter-UAS authority
The authority to carry out this section with respect to a covered facility or asset, protecting the public, and enforcing the law shall terminate on .
State, local, tribal, and territorial law enforcement and correctional agencies
Authority of State, local, tribal, and territorial law enforcement and correctional agencies under subsection (a)(2) shall terminate on .
Scope of authority
Nothing in this section shall be construed to provide the Secretary or the Attorney General with additional authorities beyond those described in subsections (a) and (k)(3)(C)(iii).
Definitions
Department of Homeland Security assessment
Report
Unclassified form
The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
Reimbursement program
Not later than 180 days of after , the Secretary of Homeland Security and the Attorney General shall provide the appropriate congressional committees with a plan to establish a reimbursement program for Federal agencies providing counter-UAS protection to events that are not organized or operated by the Federal Government.
Pub. L. 107–296, title II, § 210GPub. L. 115–254, div. H, § 1602(a)132 Stat. 3522Pub. L. 118–15, div. B, title II, § 2221137 Stat. 86Pub. L. 118–22, div. B, title III, § 601137 Stat. 123Pub. L. 118–35, div. B, title III, § 301138 Stat. 7Pub. L. 118–41, title III, § 301138 Stat. 24Pub. L. 118–63, title XI, § 1112138 Stat. 1419Pub. L. 118–83, div. B, title I, § 101138 Stat. 1534Pub. L. 118–158, div. E, § 5102138 Stat. 1771Pub. L. 119–4, div. C, § 3102139 Stat. 46Pub. L. 119–60, div. H, title LXXXVI, § 8602139 Stat. 1938(, as added , , ; amended , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
section 8606(b)(2) of Pub. L. 119–60Section 8606(b)(2) of the SAFER SKIES Act, referred to in subsec. (d)(2)(D)(vi), is , div. H, title LXXXVI, which is set out in a note below.
lPub. L. 94–52490 Stat. 2475section 3056 of Title 18The Presidential Protection Assistance Act of 1976, referred to in subsec. ()(3)(C)(i)(II), is , , , which enacted and amended provisions set out as notes under , Crimes and Criminal Procedure. For complete classification of this Act to the Code, see Tables.
Section 104 of title 14lsection 528 of title 14Pub. L. 115–282, title I, § 105(b)132 Stat. 4200section 104 of title 14section 123(b)(1) of Pub. L. 115–282Pub. L. 115–282section 101 of Title 14, referred to in subsec. ()(3)(C)(iv), was redesignated by , , , and references to deemed to refer to such redesignated section, see , set out as a References to Sections of Title 14 as Redesignated by note preceding , Coast Guard.
Pub. L. 107–296116 Stat. 2135section 101 of this titleThis chapter, referred to in subsec. (m)(1)(A), was in the original “this Act”, meaning , , , known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 119–60, § 8602(1)2025—Subsec. (a). , added subsec. (a) and struck out former subsec. (a) which related to the authorities of the Secretary and the Attorney General.
Pub. L. 119–60, § 8602(2)Subsec. (b)(1)(B). , substituted “electromagnetic means, and through the use of remote identification broadcast or other means” for “and electromagnetic means”.
Pub. L. 119–60, § 8602(3)Subsec. (c). , inserted “pursuant to subsection (a)(1)” after “Attorney General”, designated existing provisions as par. (1) and inserted heading, and added par. (2).
Pub. L. 119–60, § 8602(4)(A)Subsec. (d)(1). , substituted “, the Attorney General, or any State, local, Tribal, or territorial law enforcement or correctional agency” for “or the Attorney General”.
Pub. L. 119–60, § 8602(4)(B)Subsec. (d)(2), (3). , (C), added par. (2) and redesignated former par. (2) as (3).
Pub. L. 119–60, § 8602(5)(A)Subsec. (e). , substituted “, the Attorney General, or any State, local, Tribal, or territorial law enforcement or correctional agency” for “or the Attorney General” in introductory provisions.
Pub. L. 119–60, § 8602(5)(B)Subsec. (e)(3). , substituted “, the Attorney General, or any State, local, Tribal, or territorial law enforcement or correctional agency” for “or the Attorney General” and inserted “, State, local, Tribal, or territorial” after “Federal” and “(as applicable)” after “law”.
Pub. L. 119–60, § 8602(5)(C)Subsec. (e)(4). , substituted “the Department of Justice, or the State, local, Tribal, or territorial law enforcement or correctional agency” for “or the Department of Justice” in introductory provisions.
Pub. L. 119–60, § 8602(5)(D)section 2511(2)(g)(ii)(IV) of title 18Subsec. (e)(5). , substituted “Tribal” for “tribal” and inserted “other than those of an aeronautical communications system, as allowed for in or information readily available to the public” after “which shall not include communications”.
Pub. L. 119–60, § 8602(6)Subsec. (g)(3)(G). , inserted “Tribal, territorial,” after “State,” and “, including those exercised under subsection (a)(2)” after “authorities”.
Pub. L. 119–60, § 8602(8)Subsec. (i). , added subsec. (i) and struck out former subsec. (i). Prior to amendment, text read as follows: “The authority to carry out this section with respect to a covered facility or asset specified in subsection (k)(3) shall terminate on ”
Pub. L. 119–4 substituted “” for “”.
Pub. L. 119–60, § 8602(8)Subsec. (j). , added subsec. (j). Former subsec. (j) redesignated (k).
lPub. L. 119–60, § 8602(7)lSubsecs. (k), (). , redesignated subsecs. (j) and (k) as (k) and (), respectively.
lPub. L. 119–60, § 8602(9)(A)Subsec. ()(3)(C). , inserted “a Federal law enforcement, correctional, and homeland security agency mission necessary to enforce the law, protect the public or to” after “directly relates to”.
lPub. L. 119–60, § 8602(9)(B)Subsec. ()(6). , added par. (6) and struck out former par. (6) which read as follows: “For purposes of subsection (a), the term ‘personnel’ means officers and employees of the Department of Homeland Security or the Department of Justice.”
lPub. L. 119–60, § 8602(9)(C)Subsec. ()(9), (10). , added pars. (9) and (10).
Pub. L. 119–60, § 8602(10)Subsec. (n). , added subsec. (n).
Pub. L. 118–1582024—Subsec. (i). substituted “” for “”.
Pub. L. 118–83 substituted “” for “”.
Pub. L. 118–63 substituted “” for “”.
Pub. L. 118–41 substituted “” for “”.
Pub. L. 118–35 substituted “” for “”.
Pub. L. 118–222023—Subsec. (i). substituted “” for “”.
Pub. L. 118–15 substituted “on ” for “on the date that is 4 years after ”.
Statutory Notes and Related Subsidiaries
Termination Date
Pub. L. 117–328, div. F, title V, § 547136 Stat. 4758, , , provided that former subsec. (i) of this section would be applied by substituting “” for “the date that is 4 years after the date of enactment of this section”.
Rulemaking and Implementation
Pub. L. 119–60, div. H, title LXXXVI, § 8606139 Stat. 1944
Rulemaking Authority.—
In general .—
Role of faa .—
Saving clause .—
Authorized equipment and technology .—
Training and Compliance.—
In general .—
Compliance audits .—
Definitions .—
SLTT law enforcement agency .—
Correctional agency .—
Correctional facility .—
Severability
Pub. L. 119–60, div. H, title LXXXVI, § 8607139 Stat. 1945