Protection of Central Intelligence Agency facilities and assets from unmanned aircraft

The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) is amended by inserting after section 15 the following new section (and conforming the table of contents at the beginning of such Act accordingly): 15A. Protection of certain facilities and assets from unmanned aircraft (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the congressional intelligence committees; (B) the Committee on the Judiciary, the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and (C) the Committee on the Judiciary, the Committee on Transportation and Infrastructure, the Committee on Homeland Security, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (2) Budget 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 section 1105(a) of title 31, United States Code. (3) Congressional intelligence committees The term congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). (4) Covered facility or asset The term covered facility or asset means property owned, leased, or controlled by the Agency, property controlled and occupied by the Federal Highway Administration located immediately adjacent to the headquarters compound of the Agency, and property owned, leased, or controlled by the Office of the Director of National Intelligence where the property— (A) is identified as high-risk and a potential target for unlawful unmanned aircraft activity by the Director, in coordination with the Secretary of Transportation, with respect to potentially impacted airspace, through a risk-based assessment for purposes of this section; (B) is located in the United States and beneath airspace that is prohibited or restricted by the Federal Aviation Administration; (C) is a property of which Congress has been notified is covered under this paragraph; and (D) directly relates to one or more functions authorized to be performed by the Agency, pursuant to the National Security Act of 1947 (50 U.S.C. 3001) or this Act. (5) Electronic communication The term electronic communication has the meaning given such term in section 2510 of title 18, United States Code. (6) Intercept The term intercept has the meaning given such term in section 2510 of title 18, United States Code. (7) Oral communication The term oral communication has the meaning given such term in section 2510 of title 18, United States Code. (8) Radio communication The term radio communication has the meaning given that term in section 3 of the Communications Act of 1934 (47 U.S.C. 153). (9) Risk-based assessment The term risk-based assessment includes an evaluation of threat information specific to a covered facility or asset and, with respect to potential impacts on the safety and efficiency of the National Airspace System and the needs of national security at each covered facility or asset identified by the Director, an evaluation of each of the following factors conducted in coordination with the Secretary of Transportation and the Administrator of the Federal Aviation Administration: (A) Potential impacts to safety, efficiency, and use of the National Airspace System, including potential effects on manned aircraft and unmanned aircraft systems, aviation safety, airport operations, infrastructure, and air navigation services relating to the use of any system or technology for carrying out the actions described in subsection (c)(1). (B) Options for mitigating any identified impacts to the National Airspace System relating to the use of any system or technology, including minimizing when possible the use of any system or technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (c)(1). (C) Potential consequences of the effects of any actions taken under subsection (c)(1) to the National Airspace System and infrastructure if not mitigated. (D) The ability to provide reasonable advance notice to aircraft operators consistent with the safety of the National Airspace System and the needs of national security. (E) The setting and character of any covered facility or asset, including whether it is located in a populated area or near other structures, and any potential for interference with wireless communications or for injury or damage to persons or property. (F) Potential consequences to national security if threats posed by unmanned aircraft systems or unmanned aircraft are not mitigated or defeated. (10) United States The term United States has the meaning given that term in section 5 of title 18, United States Code. (11) Unmanned aircraft; unmanned aircraft system The terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section 44801 of title 49, United States Code. (12) Wire communication The term wire communication has the meaning given such term in section 2510 of title 18, United States Code. (b) Authority Notwithstanding section 46502 of title 49, United States Code, or sections 32, 1030, and 1367 and chapters 119 and 206 of title 18, United States Code, the Director may take, and may authorize Agency personnel with assigned duties that include the security or protection of people, facilities, or assets within the United States to take— (1) such actions described in subsection (c)(1) that are necessary to mitigate a credible threat (as defined by the Director, 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; and (2) such actions described in subsection (c)(3). (c) Actions (1) Actions described The actions described in this paragraph are the following: (A) During the operation of the unmanned aircraft system, 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 by direct or indirect physical, electronic, radio, or electromagnetic 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 over the unmanned aircraft system or unmanned aircraft. (E) Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft. (F) Use reasonable force, if necessary, to seize or otherwise disable, damage, or destroy the unmanned aircraft system or unmanned aircraft. (2) Coordination The Director shall develop the actions described in paragraph (1) in coordination with the Secretary of Transportation. (3) Research, testing, training, and evaluation (A) In general The Director shall conduct research, testing, training on, and evaluation of any equipment, including any electronic equipment, to determine the capability and utility of the equipment prior to the use of the equipment for any action described in paragraph (1). (B) Personnel Personnel and contractors who do not have assigned duties that include the security or protection of people, facilities, or assets may engage in research, testing, training, and evaluation activities pursuant to subparagraph (A). (4) FAA coordination The Director shall coordinate with the Administrator of the Federal Aviation Administration on any action described in paragraph (1) or (3) so the Administrator may ensure that unmanned aircraft system detection and mitigation systems do not adversely affect or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the National Airspace System. (d) Forfeiture Any unmanned aircraft system or unmanned aircraft that is seized pursuant to subsection (b) as described in subsection (c)(1) is subject to forfeiture to the United States. (e) Regulations and guidance (1) Issuance The Director and the Secretary of Transportation may each prescribe regulations, and shall each issue guidance, to carry out this section. (2) Coordination (A) Requirement The Director shall coordinate the development of guidance under paragraph (1) with the Secretary of Transportation. (B) Aviation safety The Director shall coordinate with the Secretary of Transportation and the Administrator of the Federal Aviation Administration before issuing any guidance, or otherwise implementing this section, so the Administrator may ensure that unmanned aircraft system detection and mitigation systems do not adversely affect or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the National Airspace System. (f) Privacy protection The regulations prescribed or guidance issued under subsection (e) shall ensure that— (1) the interception or acquisition of, or access to, or maintenance or use of, communications to or from an unmanned aircraft system or unmanned aircraft 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; (2) communications to or from an unmanned aircraft system or unmanned aircraft are intercepted or acquired only to the extent necessary to support an action described in subsection (c); (3) records of such communications are maintained only for as long as necessary, and in no event for more than 180 days, unless the Director determines that maintenance of such records for a longer period— (A) is necessary for the investigation or prosecution of a violation of law; (B) is necessary to fulfill a duty, responsibility, or function of the Agency; (C) is required under Federal law; or (D) is for the purpose of any litigation; and (4) such communications are not disclosed outside the Agency unless the disclosure— (A) is necessary to investigate or prosecute a violation of law; (B) would support the Agency, the Department of Defense, a Federal law enforcement, intelligence, or security agency, a State, local, Tribal, or territorial law enforcement agency, or other relevant person or entity if such entity or person is engaged in a security or protection operation; (C) is necessary to support a department or agency listed in subparagraph (B) in investigating or prosecuting a violation of law; (D) would support 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 (b); (E) is necessary to protect against dangerous or unauthorized activity by unmanned aircraft systems or unmanned aircraft; (F) is necessary to fulfill a duty, responsibility, or function of the Agency; or (G) is otherwise required by law. (g) Budget (1) In general The Director shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives, as a part of the budget request of the Agency for each fiscal year after fiscal year 2026, a consolidated funding display that identifies the funding source for the actions described in subsection (c)(1) within the Agency. (2) Form Each funding display submitted pursuant to paragraph (1) shall be in unclassified form, but may contain a classified annex. (h) Semiannual briefings and notifications (1) Briefings Not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2026 and semiannually thereafter, the Director shall provide the appropriate committees of Congress a briefing on the activities carried out pursuant to this section during the period covered by the briefing. (2) Requirement Each briefing under paragraph (1) shall be conducted jointly with the Secretary of Transportation. (3) Contents Each briefing under paragraph (1) shall include, for the period covered by the briefing, the following: (A) Policies, programs, and procedures to mitigate or eliminate the effects of the activities described in paragraph (1) to the National Airspace System and other critical national transportation infrastructure. (B) A description of instances in which actions described in subsection (c)(1) have been taken, including all such instances that may have resulted in harm, damage, or loss to a person or to private property. (C) A description of the guidance, policies, or procedures established to address privacy, civil rights, and civil liberties issues affected by the actions allowed under this section, as well as any changes or subsequent efforts that would significantly affect privacy, civil rights, or civil liberties. (D) A description of options considered and steps taken to mitigate any identified effects on the National Airspace System relating 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 (c)(1). (E) A description of instances in which communications intercepted or acquired during the course of operations of an unmanned aircraft system or unmanned aircraft were maintained for more than 180 days or disclosed outside the Agency. (F) How the Director and the Secretary of Transportation have informed the public as to the possible use of authorities under this section. (G) How the Director and the Secretary of Transportation have engaged with Federal, State, local, territorial, or Tribal law enforcement agencies to implement and use such authorities. (H) An assessment of whether any gaps or insufficiencies remain in statutes, regulations, and policies that impede the ability of the Agency to counter the threat posed by the malicious use of unmanned aircraft systems and unmanned aircraft, and any recommendations to remedy such gaps or insufficiencies. (4) Form Each briefing under paragraph (1) shall be in unclassified form, but may be accompanied by an additional classified report. (5) Notification (A) In general Within 30 days of deploying any new technology to carry out the actions described in subsection (c)(1), the Director shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a notification of the deployment of such technology. (B) Contents Each notification submitted pursuant to subparagraph (A) shall include a description of options considered to mitigate any identified effects on the National Airspace System relating 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 (c)(1). (i) Rule of construction Nothing in this section may be construed— (1) to vest in the Director any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration; or (2) to vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Director. (j) Termination The authority to carry out this section with respect to the actions specified in subparagraphs (B) through (F) of subsection (c)(1), shall terminate on the date set forth in section 210G(i) of the Homeland Security Act of 2002 (6 U.S.C. 124n(i)). (k) Scope of authority Nothing in this section shall be construed to provide the Director or the Secretary of Transportation with additional authorities beyond those described in subsections (b) and (d)..