H.R. 6042 — LANDED Act

This section designates the Act as the “Law Against Nefarious Drones, Enforcement, Deconfliction Act” or the “LANDED Act” and sets forth the table of contents.

This section applies the definitions in 49 U.S.C. §44801 to this Act and establishes three additional definitions: (1) approved counter-UAS detection system, meaning a system or device capable of lawfully and safely disabling, disrupting, or seizing control of an unmanned aircraft or unmanned aircraft system; (2) threats posed by an unmanned aircraft or unmanned aircraft system, meaning an unauthorized activity of an unmanned aircraft or unmanned aircraft system that is reasonably believed to (A) create the potential for bodily harm to, or loss of, human life; (B) pose a threat to law enforcement, public safety, national security installations, or critical infrastructure; or (C) have the potential to cause severe economic damage; and (3) unmanned aircraft system, meaning an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system.

This section directs the Secretary of Homeland Security, in coordination with the Attorney General and the Federal Aviation Administration (FAA) Administrator, to establish policies, procedures, and protocols—subject to appropriations—for state law enforcement agencies (with possible delegation to local agencies) to acquire, deploy, operate, and train with approved counter-unmanned aircraft system (counter-UAS) mitigation systems to mitigate unauthorized UAS operations. It requires an application process and agreements specifying approved systems, operational authority and conditions, site visits, and reporting; authorizes equipment certification by DHS or FAA; mandates FCC consultation to minimize interference with civilian communications; and permits approved state law enforcement personnel to detect, identify, monitor, track, warn, disrupt control of, seize or exercise control over, confiscate, or use reasonable force to disable, damage, or destroy UAS posing credible threats, notwithstanding 49 U.S.C. 46502 (aircraft piracy, punishable by at least 20 years' imprisonment or death/life imprisonment if death results) and specified criminal statutes on aircraft sabotage, computer fraud, electronic surveillance, and interception of communications. (Thus, such authorized counter-UAS actions by state personnel do not constitute aircraft piracy or those other offenses.)

This section directs the Secretary of Homeland Security, in coordination with the Federal Aviation Administration (FAA) Administrator and subject to appropriations, to establish—not later than 180 days after the first determination that a counter-unmanned aircraft system (counter-UAS) with mitigation capabilities meets requirements under 49 U.S.C. §44810(e)—policies ensuring deconfliction among drones operated by federal, state, or local agencies. The section further requires a mandatory reporting mechanism for nonemergency drone operations by federal, state, and local law enforcement agencies, including (1) a database of each drone's transponder ID and nonemergency usage date and time; and (2) a method for such agencies to check if a drone's transponder ID is in the database and currently in use.

This section authorizes the Secretary of Homeland Security to rapidly respond to a state request for assistance in addressing an unmanned aircraft systems (UAS) mitigation situation during an emergency, notwithstanding other provisions of the Act. The section further directs the Secretary to establish a process for such rapid responses.

This section establishes in the Department the Counter-UAS Security Grant Program, under which the Secretary, acting through the Administrator, awards grants to state law enforcement agencies (i.e., eligible recipients) for acquiring counter-unmanned aircraft system (counter-UAS) equipment. Grant funds may be used for (1) acquiring approved counter-UAS systems, (2) training fees for approved personnel, or (3) other appropriate activities, including administrative costs, as determined by the Administrator; funds remain available to recipients for at least 24 months.

This section directs the Inspector General of the Department of Defense to review potential foreign adversary-connected unmanned aircraft systems (UAS) activity over critical military installations, vessels, aircraft, and the homeland. Not later than 90 days after the date of enactment of this Act, the Inspector General must submit to the relevant congressional committees (i.e., the House and Senate Committees on Armed Services; Homeland Security and Homeland Security and Governmental Affairs; Transportation and Infrastructure and Commerce, Science, and Transportation; the Judiciary; Intelligence; Foreign Affairs and Foreign Relations; and Oversight and Accountability) an unclassified report, which may include a classified annex, setting forth (1) UAS activity over U.S. military installations domestically and abroad; (2) UAS activity in close proximity to sensitive national security installations; (3) instances of UAS activity in the vicinity of U.S. military and law enforcement vessels and aircraft; (4) instances in which the executive branch did not share requested UAS information with Congress; (5) the process for deploying counter-UAS systems to assist state and local law enforcement; (6) instances in which the Department of Defense deployed counter-UAS systems to assist state and local law enforcement; and (7) an analysis of near-peer actors' capabilities to conduct such activities.