Pilot program and other requirements for accelerating protection of certain facilities and assets from unmanned aircraft

(a) Sense of Congress It is the sense of Congress that— (1) Congress granted the Department of Defense extensive counter-UAS authorities under section 1697 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2639); (2) the Department has not adequately responded to publicly reported drone incursions; (3) the Department has consistently returned to request from Congress additional counter-UAS authorities, despite not fully using available counter-UAS authorities and routinely failing to provide to Congress with statutorily required briefings and information on the use and non-use of such available authorities; and (4) there is intense global demand for counter-UAS systems in the inventory of the Department, particularly from the Commander of the United States Central Command and the Commander of the United States Indo-Pacific Command, and the Department will not be able to address domestic counter-UAS requirements without substantial changes in the policies and priorities of the Department. (b) Requirements Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall— (1) develop a plan to ensure that the training of members of the armed forces and officers and civilian employees of the Department, and the sustainment of equipment of the Department, is adequate for purposes of the effective use of authorities under section 130i of title 10, United States Code; and (2) ensure that for each covered facility or asset at which the Secretary has determined counter-UAS operations are necessary to mitigate the threat that an unmanned aircraft system poses to the safety or security of such covered facility or asset— (A) any administrative action required for the effective use of such authorities for the protection of the covered facility or asset not contingent upon action by another Federal department or agency has been completed, including the establishment of appropriate policies for the training of relevant personnel upon the deployment of new counter-UAS systems, annual training, and training for newly assigned personnel; (B) any such training required for the safe or effective use of counter-UAS systems for such protection has been completed; and (C) planning to deploy and sustain systems similar to those procured pursuant to the pilot program under subsection (c) in a manner appropriate for the covered facility or asset has commenced. (c) Pilot program for deployment of certain counter-UAS systems (1) Pilot program The Secretary, in coordination with the Administrator as required by section 130i of title 10, United States Code, shall carry out a pilot program for the deployment of covered counter-UAS systems for the protection of certain covered facilities or assets (in this subsection, referred to as the pilot program). (2) Elements Under the pilot program, the Secretary shall— (A) not later than 180 days after the date of the enactment of this Act, select and procure covered counter-UAS systems for deployment for the protection of four covered facilities or assets identified for purposes of the pilot program; and (B) not later than one year after the date of the enactment of this Act, ensure such covered counter-UAS systems are so deployed with respect to each such identified covered facility or asset. (3) Site-specific assessment The Secretary and the Administrator shall jointly conduct a site-specific suitability assessment for each covered asset or facility identified for purposes of the pilot program to ensure that the operation of a covered counter-UAS system under the pilot program with respect to the covered facility or asset will not result in an adverse impact on aviation safety, including by assessing safe engagement ranges and parameters for target identification and deconfliction. (d) Additional coordination required The Secretary shall carry out this section consistent with the requirements of section 130i of title 10, United States Code. (e) Briefings Not later than 60 days after the date of the enactment of this Act, and every 60 days thereafter until the date on which each requirement under this section is complete, the Secretary, in consultation with the Administrator, shall provide to the congressional defense committees and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the implementation of this section. (f) Definitions In this section: (1) The term Administrator means the Administrator of the Federal Aviation Administration. (2) The terms counter-UAS system and small unmanned aircraft have the meanings given those terms in section 44801 of title 49, United States Code. (3) The term covered counter-UAS system means a counter-UAS system that— (A) is capable of destroying or disabling a small unmanned aircraft by means of high-powered microwave, laser, or other similar technology; and (B) may be integrated with appropriate sensing and command-and-control systems. (4) The term covered facility or asset means a facility or asset with respect to which there is authority to carry out section 130i of title 10, United States Code, for the protection of the facility or asset. (5) The term unmanned aircraft has the meaning given such term in section 130i(j) of title 10, United States Code.

(a) Sense of Congress It is the sense of Congress that— (1) Congress granted the Department of Defense extensive counter-UAS authorities under section 1697 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2639); (2) the Department has not adequately responded to publicly reported drone incursions; (3) the Department has consistently returned to request from Congress additional counter-UAS authorities, despite not fully using available counter-UAS authorities and routinely failing to provide to Congress with statutorily required briefings and information on the use and non-use of such available authorities; and (4) there is intense global demand for counter-UAS systems in the inventory of the Department, particularly from the Commander of the United States Central Command and the Commander of the United States Indo-Pacific Command, and the Department will not be able to address domestic counter-UAS requirements without substantial changes in the policies and priorities of the Department. (b) Requirements Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall— (1) develop a plan to ensure that the training of members of the armed forces and officers and civilian employees of the Department, and the sustainment of equipment of the Department, is adequate for purposes of the effective use of authorities under section 130i of title 10, United States Code; and (2) ensure that for each covered facility or asset at which the Secretary has determined counter-UAS operations are necessary to mitigate the threat that an unmanned aircraft system poses to the safety or security of such covered facility or asset— (A) any administrative action required for the effective use of such authorities for the protection of the covered facility or asset not contingent upon action by another Federal department or agency has been completed, including the establishment of appropriate policies for the training of relevant personnel upon the deployment of new counter-UAS systems, annual training, and training for newly assigned personnel; (B) any such training required for the safe or effective use of counter-UAS systems for such protection has been completed; and (C) planning to deploy and sustain systems similar to those procured pursuant to the pilot program under subsection (c) in a manner appropriate for the covered facility or asset has commenced. (c) Pilot program for deployment of certain counter-UAS systems (1) Pilot program The Secretary, in coordination with the Administrator as required by section 130i of title 10, United States Code, shall carry out a pilot program for the deployment of covered counter-UAS systems for the protection of certain covered facilities or assets (in this subsection, referred to as the pilot program). (2) Elements Under the pilot program, the Secretary shall— (A) not later than 180 days after the date of the enactment of this Act, select and procure covered counter-UAS systems for deployment for the protection of four covered facilities or assets identified for purposes of the pilot program; and (B) not later than one year after the date of the enactment of this Act, ensure such covered counter-UAS systems are so deployed with respect to each such identified covered facility or asset. (3) Site-specific assessment The Secretary and the Administrator shall jointly conduct a site-specific suitability assessment for each covered asset or facility identified for purposes of the pilot program to ensure that the operation of a covered counter-UAS system under the pilot program with respect to the covered facility or asset will not result in an adverse impact on aviation safety, including by assessing safe engagement ranges and parameters for target identification and deconfliction. (d) Additional coordination required The Secretary shall carry out this section consistent with the requirements of section 130i of title 10, United States Code. (e) Briefings Not later than 60 days after the date of the enactment of this Act, and every 60 days thereafter until the date on which each requirement under this section is complete, the Secretary, in consultation with the Administrator, shall provide to the congressional defense committees and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the implementation of this section. (f) Definitions In this section: (1) The term Administrator means the Administrator of the Federal Aviation Administration. (2) The terms counter-UAS system and small unmanned aircraft have the meanings given those terms in section 44801 of title 49, United States Code. (3) The term covered counter-UAS system means a counter-UAS system that— (A) is capable of destroying or disabling a small unmanned aircraft by means of high-powered microwave, laser, or other similar technology; and (B) may be integrated with appropriate sensing and command-and-control systems. (4) The term covered facility or asset means a facility or asset with respect to which there is authority to carry out section 130i of title 10, United States Code, for the protection of the facility or asset. (5) The term unmanned aircraft has the meaning given such term in section 130i(j) of title 10, United States Code.