SEC Protection of certain facilities and assets from unmanned aircraft IN GEN of Title is amended by adding at the end the following new section Protection of certain facilities and assets from unmanned aircraft AUTHORITY Notwithstanding section 46502 of title 49 or any provision of title 18 the Secretary of Homeland Security and the Attorney General may for their respective Departments take and may authorize personnel of the Department of Homeland Security or the Department of Justice with assigned duties that include safety security or protection of personnel facilities or assets to take such actions described in subsection that are necessary to mitigate the threat as de ned by the Secretary of Homeland Security or the Attorney General 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 ACTIONS The actions described in this paragraph are the following 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 con scate the unmanned aircraft system or unmanned aircraft Use reasonable force to disable damage or destroy the unmanned aircraft system or unmanned aircraft The Secretary of Homeland Security and the Attorney General shall develop for their respective Departments the actions described in paragraph 1 in coordination with the Secretary of Transportation unmanned aircraft system or unmanned aircraft described in subsection that is seized by the Secretary of Homeland Security or the Attorney General is subject to forfeiture to the United States EXEMPTION FROM Information pertaining to the capabilities limitations or sensitive details about specific operation of the technology as well as operational procedures and protocols used to carry out this section including any regulations or guidance issued to carry out this section shall be exempt from disclosure under section 552 b 3 of title 5 and exempt from disclosure under any State local or tribal law requiring the disclosure of information REGULATIONS AND The Secretary of Homeland Security the Attorney General and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of each Secretary or the Attorney General to carry out this section The Secretary of Homeland Security and the Attorney General shall coordinate the development of their respective guidance under paragraph 1 with the Secretary of Transportation The Secretary of Homeland Security 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 regulations prescribed or guidance issued under subsection shall ensure that the interception or acquisition of or access to communications to or from an unmanned aircraft system under this section is conducted in a manner consistent with the fourth amendment 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 a function of the Department of Homeland Security or the Department of Justice records of such communications are not maintained for more than 180 days unless the Secretary of Homeland Security or the Attorney General determine that maintenance of such records is necessary to support one or more functions of the Department of Homeland Security or the Department of Justice respectively or is required for a longer period to support a civilian law enforcement agency or by any other applicable law or regulation and such communications are not disclosed outside the Department of Homeland Security or the Department of Justice unless the disclosure would ful ll a function of the Department of Homeland Security or the Department of Justice respectively would support the Department of Defense another civilian law enforcement agency or the 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 arising out of an action described in subsection or is otherwise required by law or regulation Secretary of Homeland Security and the Attorney General shall submit to Congress as a part of the homeland security or justice budget materials for each scal year after scal year 2018 a consolidated funding display that identi es the funding source and funding requirements for the actions described in subsection within the Department of Homeland Security or the Department of Justice The funding display shall be in unclassi ed form but may contain a classi ed annex SEMIANNUAL On a semiannual basis during the ve-year period beginning March 1 2018 the Secretary of Homeland Security and the Attorney General shall respectively provide a brie ng to the appropriate congressional committees on the activities carried out pursuant to this section Each brie ng shall be conducted jointly with the Secretary of Transportation Such brie ngs shall include policies programs and procedures to mitigate or eliminate impacts of such activities to the National Airspace System a description of instances Where actions described in subsection have been taken how the Secretary of Homeland Security and the Attorney General have informed the public as to the possible use of authorities under this section and how the Secretary of Homeland Security and the Attorney General have engaged with Federal State and local law enforcement agencies to implement and use such authorities Each brie ng under paragraph 1 shall be in unclassi ed form consistent with the needs of law enforcement and national security but may be accompanied by an additional classi ed brie ng RULE OF in this section may be construed to vest in the Secretary of Homeland Security or the Attorney General any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration under title 49 vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary of Homeland Security or the Attorney General under this title vest in the Secretary of Homeland Security any authority of the Attorney General under this title and vest in the Attorney General any authority of the Secretary of Homeland Security under this title Except as provided by paragraph 2 the authority to carry out this section with respect to the covered facilities or assets speci ed in subsection shall terminate on December 31 2023 The President may extend by 180 days the termination speci ed in paragraph 1 if before November 15 2023 the President certi es to Congress that such extension is in the national security interest of the United States 10 SCOPE OF AUTHORITY Nothing in this section shall be construed to provide the Secretary of Homeland Security or the Attorney General with additional authorities beyond those described in subsections and this section The term appropriate congressional committees means the Homeland Security and Governmental Affairs Committee the Committee on Commerce Science and Transportation and the Committee on the Judiciary of the Senate and the Committee on Homeland Security the Committee on Transportation and Infrastructure the Committee on Energy and Commerce and the Committee on the Judiciary of the House of Representatives The term budget with respect to a scal year means the budget for that scal year that is submitted to Congress by the President under section 1105 a of title 31 The term covered facility or asset means any facility or asset that is identi ed by the Secretary of Homeland Security or the Attorney General in consultation with the Secretary of Transportation with respect to potentially impacted airspace through a risk-based assessment for purposes of this section is located in the United States including the territories and possessions territorial seas or navigable waters of the United States and directly relates to one or more of the following missions authorized to be performed by the Department of Homeland Security consistent with governing statutes regulations and orders issued by the Secretary securing authorized vessels whether moored or underway by the US Coast Guard and US Customs and Border Protection US Secret Service protection operations pursuant to sections 3056 and 3056A of title 18 or protection of facilities pursuant to section 1315 of title 40 the following missions authorized to be performed by the Department of Justice consistent with governing statutes regulations and orders issued by the Attorney General personnel protection operations by the Federal Bureau of Investigation and the United States Marshals Service including the protection of Federal jurists court of cers witnesses and other persons in the interests of justice as speci ed in section 566 e of title 28 penal detention and correctional operations conducted by the Federal Bureau of Prisons considered to be high-risk or assessed to be a potential target for unlawful unmanned aircraft activity or protection of the buildings and grounds leased owned or operated by or for the Department of Justice identi ed as essential to the function of the Department of Justice and the provision of security for Federal courts as speci ed in section 566 a of title 28 the following missions authorized to be performed by the Department of Homeland Security or the Department of Justice acting together or separately consistent with governing statutes regulations and orders issued by the Secretary or the Attorney General respectively National Special Security Events and Special Event Assessment Rating events active federal law enforcement investigations emergency responses or security operations or in the event that either the Department of Homeland Security or the Department of Justice has identi ed a national security threat against the United States where there is reason to believe that the threat may involve unlawful use of an unmanned aircraft The term homeland security or justice budget materials with respect to a scal year means the materials submitted to Congress by the Secretary of Homeland Security and the Attorney General in support of the budget for that fiscal year The terms electronic communication intercept oral communication and wire communication have the meaning given those terms in section 2510 of title 18 For purposes of this section the term personnel means A officers and employees of the Department of Homeland Security or the Department of Justice B Federal employees of other departments and agencies operating under the supervision control or direction of the Department of Homeland Security or the Department of Justice or C individuals employed by contractors of the Department of Homeland Security or Department of Justice who are subject to the supervision control or direction of the respective department and are assigned by that department to perform the duties described in subsection in accordance with regulations or guidance established under subsection 6 The terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 Public Law 112 95 section 40101 of title CLERICAL table of sections at the beginning of such chapter is amended by inserting after the item relating to section the following new item Protection of certain facilities and assets from unmanned aircraft