FAA counter-UAS activities

(a) In general Chapter 448 of title 49, United States Code, is amended by adding at the end the following: 44815. State, Local, and Tribal law enforcement counter drone programs (a) Authority (1) In general The Administrator of the Federal Aviation Administration may take such actions as described in paragraph (2) that are necessary to— (A) detect or mitigate a credible threat that an operation of an unmanned aircraft or an unmanned aircraft system poses to the safe and efficient operation of the national airspace system; or (B) test or evaluate the potential adverse impacts or interference of a counter-UAS detection or mitigation system, equipment, or technology on or with safe airport operations, aircraft navigation, air traffic services, or the safe and efficient operation of the national airspace system, or in conjunction with State, local, territorial, or Tribal law enforcement activities. (2) Authorized actions In carrying out paragraph (1), the Administrator may take the following actions: (A) Detect, identify, monitor, and track an unmanned aircraft system or unmanned aircraft, without prior consent from the operator of such system or aircraft, including by means of intercept or other access of a wire, oral, or electronic communication used to control the unmanned aircraft system or unmanned aircraft. (B) Contact or warn the operator of an unmanned aircraft system of a potential counter-UAS action authorized under this subsection. (C) Seize, exercise control of, or otherwise confiscate an unmanned aircraft system or unmanned aircraft. (D) Disrupt control of, disable, damage, or destroy an unmanned aircraft or unmanned aircraft system, in coordination with any Federal, State, local, Tribal, or territorial law enforcement agencies, including by means of intercept or other access of a wire, oral, or electronic communication used to control the unmanned aircraft or unmanned aircraft system. (E) Administer the authorities for State, local, Tribal, or territorial law enforcement agencies set forth herein. (b) Applicability of other laws (1) In general Section 46502 of this title or sections 32, 1030, and 1367 and chapters 119 and 206 of title 18 shall not apply to activities authorized by the Administrator pursuant to this section. (2) Privacy protection In implementing the requirements of this section, the Administrator shall ensure that— (A) the interception or acquisition of, or 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 of the United States and applicable provisions of Federal law; (B) communications to or from an unmanned aircraft system are intercepted or acquired only to the extent necessary to support an action as described under subsection (a)(2); (C) records of such communications are disposed of immediately following herein authorized activity to mitigate a credible threat, unless the Administrator determines that maintenance of such records— (i) is necessary to investigate or prosecute a violation of law; (ii) would directly support the Department of Defense, a Federal 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, statutory, or other enforcement action relating to, an action described in subsection (a)(2); (iii) is to or from the Administrator in the course of a security or protection operation of either agency or a joint operation of such agencies; or (iv) is otherwise required by law; and (D) to the extent necessary, the Administrator is authorized to share threat information, which shall not include communications described in this subsection, with State, local, territorial, or Tribal law enforcement agencies in the course of a security or protection operation.. (b) Clerical amendment The analysis for chapter 448 of title 49, United States Code, is amended by adding at the end the following: 44815. Counter-UAS activities..