H.R. 5061 — Counter-UAS Authority Security, Safety, and Reauthorization Act

This section designates the short title of the Act as the “Counter-UAS Authority Security, Safety, and Reauthorization Act” and sets forth the table of contents.

This section applies terms defined in 49 U.S.C. §44801 to the Act unless otherwise specified and establishes definitions for the following terms: (1) "appropriate committees of Congress" as the House Committees on Homeland Security, Judiciary, and Transportation and Infrastructure, and the Senate Committees on the Judiciary, Homeland Security and Governmental Affairs, and Commerce, Science, and Transportation; (2) "covered airport" as a large hub airport (as defined in 49 U.S.C. §47102) on or after January 1, 2025, a medium hub airport that qualifies as a large hub on or after that date, or an airport with annual cargo landed weight exceeding 7.5 billion pounds in 2023 or later; (3) "covered entity" as the owner or proprietor of a covered site or, for a covered event, the organizing entity or entity responsible for security; (4) "covered event" as an event at an eligible large public gathering (as described in 49 U.S.C. §44812(c)), one subject to a flight restriction under section 521 of division F of the Consolidated Appropriations Act, 2004 (49 U.S.C. §40103 note), or counter-UAS training at such locations for a limited time; and (5) "covered site" as a fixed facility related to critical infrastructure (e.g., energy production or railroad facilities), oil refineries, chemical facilities, amusement parks, or state prisons.

This section revises counter-unmanned aircraft system (counter-UAS) authorities in subsection (b) of Section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n), which authorizes the Department of Homeland Security (DHS) Secretary and Attorney General to protect designated facilities and assets (e.g., chemical facilities, nuclear facilities, and other high-risk sites) from UAS threats through actions such as detection, disruption, and disabling. (1) In paragraph (1), which lists authorized actions— (A) expands subparagraph (A) to cover operations of an unmanned aircraft (in addition to UAS); (B) expands subparagraph (D) to authorize seizure, control, or confiscation of UAS (previously, seizure or control only); (C) strikes subparagraph (E); and (D) redesignates subparagraph (F) as (E). (2) Strikes paragraphs (2) through (4) and inserts new paragraphs requiring— (A) coordination with the Federal Aviation Administration (FAA) Administrator prior to exercising authorities, including FAA determinations that actions pose no adverse impact on aviation safety, operations, airworthiness, or the national airspace (or that impacts can be mitigated); (B) joint research, testing, training, and evaluation of counter-UAS equipment and technology by the DHS Secretary, Attorney General, and Secretary of Transportation, with data sharing; and (C) maintenance by the DHS Secretary, in coordination with the Attorney General and FAA Administrator, of a list of approved counter-UAS detection and mitigation systems, equipment, and technologies not later than one year after enactment of the Counter-UAS Authority Security, Safety, and Reauthorization Act. (Thus, the list specifies functions, authorized actions, conditions/restrictions including for terminal airspace, FAA safety determinations meeting minimum performance standards under 49 U.S.C. 44810(e) or with mitigations, consultations on spectrum impacts with FCC or NTIA, and exclusion of systems manufactured by covered foreign enterprises, consistent with U.S. international agreements.)

This section authorizes the FAA Administrator to detect or mitigate credible unmanned aircraft system (UAS) threats to the national airspace system (NAS)—as defined by DHS and the Attorney General—or to test counter-UAS detection or mitigation systems, equipment, or technology for potential adverse impacts on safe airport operations, aircraft navigation, air traffic services, or NAS efficiency. Authorized actions include (1) detecting, identifying, monitoring, or tracking UAS without operator consent, including by intercepting wire, oral, or electronic communications used to control UAS; (2) warning UAS operators; (3) seizing, exercising control of, or confiscating UAS; and (4) disrupting, disabling, damaging, or destroying UAS, including by intercepting such communications. Such activities are exempt from 49 U.S.C. 46502 and 18 U.S.C. §§ 32, 1030, 1367, and chapters 119 and 206, subject to constitutional and privacy protections requiring interception only as necessary, immediate disposal of communications records (with specified exceptions), and information sharing limited to threat data. This section establishes within FAA an Office of Counter-UAS Activities, led by a Director who coordinates internally and externally, develops strategic planning, and serves as FAA's primary counter-UAS contact. It requires FAA coordination with DHS and the Attorney General (subject to their authorities), prohibits FAA delegation of its authority to other agencies, and directs FAA to establish, within 270 days of enactment, minimum performance requirements for safe and reliable counter-UAS deployment or use within the NAS.

This section establishes an application process for the Secretary of Homeland Security, in coordination with the Federal Aviation Administration Administrator and Attorney General, to authorize covered entities to acquire, deploy, and operate approved counter-unmanned aircraft systems (counter-UAS) detection equipment at covered sites or events, requiring establishment of the process within 180 days of enactment. The process mandates applications demonstrating justifiable need, operational plans, law enforcement operation agreements (waivable), training certification under section 210G(n) of the Homeland Security Act of 2002 (6 U.S.C. 124n(n)), and other requirements; approvals or rejections within 45 days (or 90 days with waiver); and agreements specifying equipment, sites or events, time periods, and safety conditions. The section further directs revocation of authorizations for noncompliance (e.g., lapsed agreements, training failures, privacy violations under section 210G(e) of the Homeland Security Act (6 U.S.C. 124n(e)), or unsafe operation); coordination among the agencies; authorization of previously acquired systems meeting minimum performance standards (49 U.S.C. 44810(e)); and audits within 18 months of enactment. (Thus, authorized detection activities are exempt from aircraft piracy prohibitions (49 U.S.C. 46502)—which impose at least 20 years' imprisonment or death/life for acts seizing aircraft control by force, violence, or intimidation—and from criminal statutes on aircraft sabotage (18 U.S.C. 32), computer fraud (18 U.S.C. 1030), air commerce interference (18 U.S.C. 1367), wiretaps (18 U.S.C. ch. 119), and pen registers (18 U.S.C. ch. 206).)

This section establishes a pilot program, subject to appropriations, for the Secretary of Homeland Security—in coordination with the Attorney General and FAA Administrator—to assess approved counter-unmanned aircraft systems (counter-UAS) mitigation technologies at covered sites and events (e.g., airports, stadiums, critical infrastructure) and to develop policies enabling State and covered local law enforcement agencies to acquire, deploy, and operate such systems on behalf of covered entities to counter unauthorized UAS operations. The section requires (1) an application process for authorization, including proof of threat, operational plans, interagency agreements, training certification under 6 USC 124n(n), restricted airspace, and State endorsement; (2) formal agreements specifying systems, locations, timelines, safety conditions, site visits, coordination, and post-event reporting; and (3) case-by-case DHS approval of mitigations for 270 days after initial deployment, with FAA notification and 24-hour post-mitigation reports to DHS. The program must begin within 60 days after the first counter-UAS system is determined to meet 49 USC 44810(e) requirements.

This section directs the FAA Administrator, in coordination with the Secretary of Homeland Security and the Attorney General, to develop within one year of enactment a plan for counter-unmanned aircraft system (counter-UAS) detection and mitigation operations at covered airports that meet performance requirements in 49 U.S.C. §44810(e), including specified roles, procedures, training, funding, and data-sharing; requires annual plan updates; and mandates coordination with stakeholders such as air traffic controllers and law enforcement. This section further directs, subject to appropriations, deployment of approved counter-UAS detection systems in terminal airspace at (1) each large hub airport (as defined in 49 U.S.C. §47102) not later than 30 months after publication of such performance requirements, (2) at least three airports with annual all-cargo landed weight exceeding 7.5 billion pounds (in 2021 or later) not later than 12 months after publication of the plan, and (3) each medium hub airport (as defined in 49 U.S.C. §47102) not later than four years after publication of such performance requirements; requires predeployment spectrum and suitability assessments; and authorizes a DHS-FAA pilot program, in coordination with the Attorney General and subject to appropriations, to deploy and operate approved counter-UAS mitigation systems at up to five covered airports not later than two years after publication of such performance requirements, potentially involving airport police.

This section establishes in new 49 U.S.C. §44815 a prohibition against any person carelessly or recklessly operating equipment or technology to detect, identify, monitor, track, or mitigate an unmanned aircraft system (UAS) or unmanned aircraft in a manner that adversely impacts or interferes with safe airport operations, air navigation, air traffic services, or the national airspace system (NAS). It authorizes the Federal Aviation Administration (FAA) Administrator to address violations and excludes the federal government and its authorized officers, employees, or contractors from the prohibition. The section further amends civil penalty provisions (49 U.S.C. §46301(a)) to apply the maximum penalty authorized under §46301(a)(1) for persons other than individuals or small business concerns to all violators (notwithstanding lower penalties otherwise applicable under §46301(a)(1) and (5) to individuals and small businesses) and makes a clerical amendment to the chapter analysis.

This section requires the Secretary of Homeland Security, in coordination with the Administrator of the Federal Aviation Administration and the Attorney General, to issue a public report within 180 days of enactment and annually thereafter summarizing counter-unmanned aircraft system (counter-UAS) detection and mitigation activities conducted under the Act during the previous year. The report must include, in unclassified form and posted on a public website, (1) information on violations or noncompliance by authorized personnel (to the extent unrelated to pending criminal proceedings); (2) data on the number of detection activities, mitigation activities, and communications interceptions from unmanned aircraft systems; (3) assessments of whether mitigated aircraft involved First Amendment-protected activities and whether any aircraft or systems were properly or improperly seized, disabled, damaged, or destroyed (including methods used); and (4) descriptions of federal efforts to protect privacy and civil liberties.

This section amends Section 44805 of title 49, United States Code, to (1) exclude new safety statement requirements from existing requirements under subsection (h); (2) establish requirements under new subsection (i) for manufacturers of small unmanned aircraft systems (i.e., drones weighing less than 55 pounds, including payload) to provide an FAA-developed safety statement to initial operators upon first activation, with electronic acknowledgment required that the operator has read and understands it; and (3) require the FAA to issue an example statement meeting those requirements within 120 days of enactment (without mandating its use by manufacturers), review and revise it within 18 months of enactment and annually thereafter, and incorporate specified content on applicable laws and authorizations (including under section 44809), airspace restrictions, lawful operation methods, safety recommendations, and enforcement consequences. This section also repeals Section 2203 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44801 note), a prior drone safety statement provision.

This section exempts determinations and guidance issued by the Secretary of Homeland Security, the Attorney General, or the FAA Administrator—from §§553 (notice-and-comment rulemaking) and 554 (formal adjudications) of title 5, United States Code—under (1) sections 5 or 6 of this Act, (2) subsection (b)(4) (coordination requirements) and subsection (n) of section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n) (authorizing counter-measures against threatening unmanned aircraft systems at covered facilities or assets), or (3) section 44810(e) of title 49, United States Code (FAA unmanned aircraft systems authority).