S. 3481 — SAFER SKIES Act

This section expands drone countermeasure authorities under Section 210G of the Homeland Security Act of 2002—previously limited to the Department of Homeland Security (DHS) and Department of Justice (DOJ)—to authorize, after training and certification, state, local, tribal, and territorial law enforcement and correctional agencies to detect, disrupt, seize, or destroy unmanned aircraft systems (UAS) posing credible threats to people, facilities, assets, large public gatherings, critical infrastructure, or correctional facilities, notwithstanding aircraft piracy prohibitions (49 U.S.C. 46502) and specified federal criminal laws. (As background, Section 210G authorizes DHS to counter UAS threats to covered facilities and assets, such as by jamming communications or disabling UAS.) The section further (1) adds remote identification broadcasts and other means to authorized counter-drone methods; (2) subjects UAS seized by state, local, tribal, or territorial agencies to forfeiture under their laws; and (3) requires the Attorney General, in coordination with DHS and other agencies, to develop training and certification procedures within 180 days of enactment via a national schoolhouse (the sole certifying authority), limit technologies to an authorized list, oversee compliance, and require notifications within 48 hours of mitigation actions.

This section expands authorized uses of Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) funds—the primary source of federal formula grant funding to states and localities for criminal justice activities—to include two new programs: (1) purchase and operation of unmanned aircraft systems (UAS, i.e., drones as defined in 49 U.S.C. 44801) to benefit public safety; and (2) purchase and operation of counter-UAS systems (as defined in 49 U.S.C. 44801) from DHS's approved interoperability list (under 6 U.S.C. 124n(d)(2)(A)(iii)) to counter unauthorized UAS under DHS counter-UAS authority (6 U.S.C. 124n(a)(2)).

This section expands permissible uses of grants under the Community Oriented Policing Services (COPS) program to include the purchase and operation of unmanned aircraft systems (as defined in 49 U.S.C. § 44801) to benefit public safety. (The program supports state, local, tribal, and other governments in community-oriented policing activities such as rehiring or hiring officers, procuring equipment, and specialized training.)

This section establishes penalties related to unmanned aircraft (defined per 49 U.S.C. §44801), effective 30 days after enactment, as follows: (1) amends 49 U.S.C. §46307 to impose imprisonment for not more than 5 years, a fine under title 18, or both, for a second or subsequent violation of aircraft operation restrictions in national defense airspace; (2) for a felony conviction (other than one based solely on unmanned aircraft operation), doubles the maximum imprisonment term provided by law or increases it by 5 years, whichever is less, if the person knowingly operated an unmanned aircraft during, in relation to, or in furtherance of the offense; (3) for a conviction under 18 U.S.C. §1791 (prohibited objects in prisons) increases by 5 years the maximum imprisonment term (previously up to 20 years for the most serious objects such as firearms or certain drugs) if the defendant knowingly used an unmanned aircraft to provide a prohibited object to a prison inmate; (4) directs the U.S. Sentencing Commission to promulgate guidelines or amendments substantially increasing the sentencing range for offenses involving unmanned aircraft, including at least a 6-level increase in base offense level where subsection (2) enhancements apply and at least a 4-level increase otherwise; (5) subjects entities or individuals authorized under 6 U.S.C. §124n to perform counter-unmanned aircraft system actions without required federal coordination to a civil fine of up to $100,000 per violation or suspension of counter-unmanned aircraft system authority pending review; and (6) authorizes the Attorney General to bring civil actions in U.S. district court to collect fines and enforce penalties.

This section directs the Secretary of Homeland Security and the Attorney General, in coordination with specified agencies, to (1) issue regulations within 180 days of enactment governing counter-unmanned aircraft systems (counter-UAS) authorities for state, local, tribal, and territorial (SLTT) law enforcement agencies and correctional agencies; (2) authorize equipment and technology for specified counter-UAS detection, disruption, and disablement actions under section 210G(b)(1) of the Homeland Security Act of 2002; and (3) approve training standards and conduct periodic compliance audits for such agencies' counter-UAS operations. It requires coordination with the Federal Aviation Administration on aviation safety matters and includes a saving clause preserving Department of Transportation and FAA authorities. The section also defines SLTT law enforcement agency, correctional agency, and correctional facility.

This section provides a severability clause stating that the invalidation of any provision of the Act, or its application to any person or circumstance, does not affect the remainder of the Act.