S. 1250 — SHIELD U Act

This section defines terms for purposes of the Act, including (1) commercial service airport, as defined in 49 U.S.C. §47102(7) and including necessary navigable airspace for safe takeoff and landing; (2) covered air carrier, as an air carrier or foreign air carrier under 49 U.S.C. §40102; (3) counter-unmanned aircraft system (UAS) activities, encompassing detection, warning, disruption of control, seizure, confiscation, or reasonable force to disable a UAS; (4) navigable airspace, as defined in 49 U.S.C. §40102(32); (5) non-kinetic equipment, for intercepting communications to disrupt UAS control; (6) threats posed by a UAS, as unauthorized activity reasonably believed to risk human life or cause severe economic damage at commercial service airports or state/local property; and (7) unmanned aircraft and unmanned aircraft system, as defined in 49 U.S.C. §44801.

This section authorizes the Department of Homeland Security (DHS), state and local law enforcement agencies in the airport's state, and the airport's law enforcement agency to conduct counter-unmanned aircraft system (counter-UAS) activities—detecting, identifying, and mitigating threats from unmanned aircraft systems (UAS) to commercial service airport (i.e., publicly owned airport with at least 2,500 annual passenger boardings) safety and security—in a manner consistent with the Fourth Amendment and only with the airport operator's consent, consultation, and participation. The section further authorizes such entities to research, test, train on, and evaluate counter-UAS equipment, including non-kinetic equipment (e.g., electronic jamming), subject to consultation with the Federal Communications Commission (FCC) and National Telecommunications and Information Administration (NTIA) for non-kinetic testing. Additionally, the section requires DHS and relevant law enforcement agencies, before adopting standard operating procedures (SOPs) for non-kinetic counter-UAS equipment in tactical response plans, to (1) consult with FCC and NTIA and (2) jointly create with them a notification process for airport designees to report non-kinetic equipment use; directs FCC and NTIA to assign responsible offices within 30 days of enactment, publicly designate notification offices and processes within 180 days thereafter, and coordinate to minimize duplication. Finally, the section requires the director of each commercial service airport to convene a task force within two years of enactment—coordinating with the Departments of Transportation and Homeland Security, Federal Aviation Administration, relevant law enforcement, air carriers, general aviation operators, and telecommunications providers—to update the airport's emergency action preparedness plan with a tactical response plan that (1) defines UAS threat levels to the airport and (2) establishes SOPs for responding to each level.

This section authorizes States and their local law enforcement agencies to conduct counter-unmanned aircraft system (Counter-UAS) activities—i.e., detecting, identifying, and mitigating threats posed by unmanned aircraft systems (UAS)—off commercial service airport property, consistent with the Fourth Amendment. The section further (1) authorizes States, localities, and private sector entities to establish testing areas for Counter-UAS equipment, subject to Federal Aviation Administration (FAA) cooperation (unless posing significant safety hazards) and consultation with the Federal Communications Commission (FCC) and National Telecommunications and Information Administration (NTIA) for non-kinetic equipment; (2) requires State and local law enforcement, before adopting standard operating procedures for non-kinetic Counter-UAS equipment, to consult with FCC and NTIA and establish a notification process, with FCC and NTIA required to assign responsible offices within 30 days of enactment, publicly designate them within 180 days thereafter, and coordinate to minimize duplication; (3) amends Section 376 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44802 note) to require FAA processes for State and local law enforcement to notify and coordinate Counter-UAS activities with FAA; and (4) directs the FAA Administrator to establish, within one year of enactment, a process for State and local law enforcement to notify FAA of active UAS threats.

This section authorizes the Departments of Defense (under 10 U.S.C. 130i), Homeland Security and Justice (under 6 U.S.C. 124n), and Energy (under 50 U.S.C. 2661) to enter into contracts to carry out their respective counter-unmanned aircraft system authorities (i.e., to detect, disrupt, seize, or destroy unmanned aircraft systems posing safety or security threats to covered facilities or assets). It requires (1) the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation within 180 days of enactment to implement such contracting authority; and (2) the Director of the Office of Management and Budget, not later than one year after enactment and annually thereafter, in consultation with relevant agency heads, to publish and make available to state and local governments lists of Federal Acquisition Regulation-eligible vendors and recommended counter-unmanned aircraft system equipment, with annual updates based on joint risk assessments.

This section adds to the functions of the Director of the Federal Law Enforcement Training Centers (FLETC)—which provides training curricula to federal, state, local, tribal, territorial, international, and private sector law enforcement and security agencies—a new responsibility to develop and implement training on Counter-UAS activities (as defined in sec. 2 of the SHIELD U Act) to protect against threats from unmanned aircraft or unmanned aircraft systems (as defined in sec. 210G). The required training must include (1) use of kinetic and non-kinetic equipment, (2) tactics to detect, identify, and mitigate such threats, and (3) other curricula the Director deems necessary, and must be made available to federal, state, local, tribal, and territorial law enforcement and security agencies and private sector security agencies.

This section establishes exceptions to prohibitions on unauthorized radio transmissions (Communications Act §301), manufacture or use of non-compliant interference-causing devices (§302a), and willful interference with radio communications (§333) for actions taken by State or local law enforcement or a commercial service airport's law enforcement agency using covered equipment—in consultation with the FCC—to detect, identify, or mitigate threats from unmanned aircraft or unmanned aircraft systems (UAS) (as defined in 49 U.S.C. §44801). Covered equipment intercepts or disrupts UAS control communications without consent, including by disabling the UAS.

This section clarifies that nothing in this Act or its amendments abrogates the traditional police powers of state or local governments, including authority to counter imminent threats to public health or safety.