H.R. 5061

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5061 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 5061

To reauthorize and reform counter-unmanned aircraft system authorities, 
to improve transparency, security, safety, and accountability related 
to such authorities, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

August 29, 2025

Mr. Garbarino (for himself, Mr. Thompson of Mississippi, Mr. Graves, 
Mr. Larsen of Washington, and Mr. Raskin) introduced the following 
bill; which was referred to the Committee on Transportation and 
Infrastructure, and in addition to the Committees on the Judiciary, and 
Homeland Security, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To reauthorize and reform counter-unmanned aircraft system authorities, 
to improve transparency, security, safety, and accountability related 
to such authorities, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Counter-UAS 
Authority Security, Safety, and Reauthorization Act''.
(b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Protection of certain facilities and assets from unmanned 
aircraft systems.
Sec. 4. FAA counter-UAS activities.
Sec. 5. Additional limited authority for detection, identification, 
monitoring, and tracking.
Sec. 6. Counter-UAS mitigation law enforcement pilot program.
Sec. 7. Counter-UAS system planning and deployment at airports.
Sec. 8. UAS detection and mitigation enforcement authority.
Sec. 9. Reporting on counter-UAS activities.
Sec. 10. Drone safety statement modernization.
Sec. 11. Applicability.

SEC. 2. DEFINITIONS.

(a) Application of Terms.--Unless otherwise specified, the terms in 
section 44801 of title 49, United States Code, shall apply to this Act.
(b) In General.--In this Act:
(1) Appropriate committees of congress.--The term 
``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security, the 
Committee on the Judiciary, and the Committee on 
Transportation and Infrastructure of the House of 
Representatives; and
(B) the Committee on the Judiciary, the Committee 
on Homeland Security and Governmental Affairs, and the 
Committee on Commerce, Science, and Transportation of 
the Senate.
(2) Covered airport.--The term ``covered airport'' means--
(A) a large hub airport (as defined in section 
47102 of title 49, United States Code) that qualifies 
as a large hub airport on or after January 1, 2025;
(B) a medium hub airport (as defined in section 
47102 of title 49, United States Code) that qualifies 
as a large hub airport on or after January 1, 2025; or
(C) an airport with a total annual landed weight of 
all cargo of more than 7,500,000,000 pounds in 2023 or 
any year thereafter.
(3) Covered entity.--The term ``covered entity'' means--
(A) the owner or proprietor of a covered site; and
(B) with respect to a covered event, the--
(i) organizing entity of such event; or
(ii) the entity responsible for security at 
such event.
(4) Covered event.--The term ``covered event'' means an 
event--
(A) taking place at the location of an eligible 
large public gathering (as described in section 
44812(c) of title 49, United States Code);
(B) with respect to which a flight restriction is 
maintained pursuant to section 521 of division F of the 
Consolidated Appropriations Act, 2004 (49 U.S.C. 40103 
note); or
(C) to prepare, test, train, or practice with 
counter-UAS detection and mitigation systems, 
equipment, and technology at a location described in 
subparagraphs (A) and (B) for a limited period of time.
(5) Covered site.--The term ``covered site'' means a fixed 
site facility related to--
(A) critical infrastructure, such as energy 
production, transmission, distribution facilities and 
equipment, and railroad facilities;
(B) oil refineries and chemical facilities;
(C) amusement parks; or
(D) State prisons.

SEC. 3. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED 
AIRCRAFT SYSTEMS.

Section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n) 
is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A) by inserting ``or 
unmanned aircraft'' after ``During the 
operation of the unmanned aircraft system'';
(ii) in subparagraph (D) by striking 
``Seize or exercise control of'' and inserting 
``Seize, exercise control of, or otherwise 
confiscate'';
(iii) by striking subparagraph (E); and
(iv) by redesignating subparagraph (F) as 
subparagraph (E); and
(B) by striking paragraphs (2) through (4) and 
inserting the following:
``(2) Coordination.--
``(A) In general.--The Secretary and the Attorney 
General shall coordinate with the Administrator of the 
Federal Aviation Administration before exercising the 
authority described in paragraph (1).
``(B) Determination of authority.--In authorizing 
the actions described in subsection (b), the 
Administrator shall ensure that each such authorized 
action would not result in an adverse impact on 
aviation safety, civil aviation and aerospace 
operations, aircraft airworthiness, or the use of the 
national airspace system.
``(C) Authorizing determination.--If the 
Administration determines under subparagraph (B) that 
an action would not result in such an adverse impact, 
the Secretary and the Attorney General may take or 
authorize the taking of such action.
``(D) Mitigating actions.--If the Administrator 
determines such action would result in an adverse 
impact, the Secretary and the Attorney General shall 
coordinate with the Administrator to take any necessary 
action to ensure that such an adverse impact can be 
sufficiently mitigated.
``(3) Research, testing, training, and evaluation.--
``(A) In general.--The Secretary, the Attorney 
General, and the Secretary of Transportation shall 
conduct research on, testing on, training on, and 
evaluation of equipment, including electronic 
equipment, and technology to determine the capability 
and utility of such equipment or technology for any 
action described in paragraph (1), including prior to 
the initial use of such equipment or technology.
``(B) Coordination.--The Secretary, the Attorney 
General, and the Secretary of Transportation shall 
coordinate activities under this paragraph and mutually 
share data and results from such activities.
``(4) List of authorized equipment and technologies.--
``(A) List.--Not later than 1 year after the date 
of enactment of the Counter-UAS Authority Security, 
Safety, and Reauthorization Act, the Secretary, in 
coordination with the Attorney General and the 
Administrator of the Federal Aviation Administration, 
shall maintain a list of approved makes and models of 
counter-UAS detection and mitigation systems, 
equipment, and technology. Such list shall include the 
following:
``(i) A description of the specific 
detection or mitigation functions of each such 
system, equipment, or technology that enable 
each such system, equipment, or technology to 
carry out an action described in paragraph (1).
``(ii) Whether each such system, equipment, 
or technology is authorized for an action 
described in subparagraph (A), (B), (C), or (D) 
of paragraph (1).
``(iii) Any conditions or restrictions 
generally applicable to the use, location, or 
positioning of each such system, equipment, or 
technology, including whether and how each such 
system, equipment, or technology may be 
suitable for use in terminal airspace.
``(B) Impact determination by administrator.--A 
counter-UAS detection or mitigation system, equipment, 
or technology may not be included on the list 
maintained under subparagraph (A) unless the 
Administrator of the Federal Aviation Administration 
makes a written determination that--
``(i)(I) the system, equipment, or 
technology meets any applicable minimum 
performance requirements as described in 
section 44810(e) of title 49, United States 
Code; and
``(II) the use of such system, equipment, 
or technology does not present an adverse 
impact on aviation safety, civil aviation and 
aerospace operations, aircraft airworthiness, 
or the use of the national airspace system; or
``(ii) in the event the Administrator 
identifies such an adverse impact from such 
system, equipment, or technology, such an 
adverse impact can be sufficiently mitigated 
and the mitigation activities are described in 
the list maintained under subparagraph (A) or 
in a manner determined by the Administrator.
``(C) Spectrum impact consultation.--The Secretary, 
the Attorney General, and the Administrator of the 
Federal Aviation Administration shall consult with the 
Federal Communications Commission or the Administrator 
of the National Telecommunications and Information 
Administration, as appropriate, to determine whether 
the use of a counter-UAS detection or mitigation 
system, equipment, or technology on the list maintained 
under subparagraph (A)--
``(i) does not present an adverse impact on 
civilian telecommunications, communications 
spectrum, internet technology, or radio 
communications networks or systems; or
``(ii) in the event that such an adverse 
impact is identified, such impact can be 
sufficiently mitigated, or the system, 
equipment, or technology is excluded from the 
list maintained under subparagraph (A) until 
such an adverse impact is sufficiently 
mitigated.
``(D) Limitation on inclusion of counter-uas 
systems manufactured by certain foreign enterprises.--
``(i) Limitation.--The Secretary may not 
include on the list maintained under 
subparagraph (A) a counter-UAS detection and 
mitigation system, equipment, and technology, 
manufactured or developed by a covered 
manufacturer.
``(ii) International agreements.--This 
subsection shall be applied in a manner 
consistent with the obligations of the United 
States under international agreements in effect 
as of the date of enactment of the Counter-UAS 
Authority Security, Safety, and Reauthorization 
Act.
``(iii) Authorized utilization.--Upon the 
inclusion of a counter-UAS detection or 
mitigation system, equipment, or technology on 
the list maintained under subparagraph (A), the 
Secretary and the Attorney General may utilize 
such system, equipment, or technology for any 
action described in paragraph (1).
``(iv) Exception.--The Secretary of 
Homeland Security is exempt from the limitation 
under this subsection if the Secretary 
determines that the operation or procurement of 
such system, equipment, or technology is for 
the sole purpose of research, evaluation, 
training, testing, or analysis.
``(v) Definitions.--In this subparagraph:
``(I) Covered manufacturer.--The 
term `covered manufacturer' means an 
entity that is owned by, controlled by, 
is a subsidiary of, or is otherwise 
related legally or financially to, a 
person based in a country that--
``(aa) is identified as a 
nonmarket economy country (as 
defined in section 771 of the 
Tariff Act of 1930 (19 U.S.C. 
1677)) as of the date of 
enactment of the Counter-UAS 
Authority Security, Safety, and 
Reauthorization Act;
``(bb) was identified by 
the United States Trade 
Representative in the most 
recent report required under 
section 182 of the Trade Act of 
1974 (19 U.S.C. 2242) as a 
priority foreign country under 
subsection (a)(2) of such 
section; and
``(cc) is subject to 
monitoring by the United States 
Trade Representative under 
section 306 of the Trade Act of 
1974 (19 U.S.C. 2416).
``(II) Otherwise related legally or 
financially.--The term `otherwise 
related legally or financially' does 
not include a minority stake 
relationship or investment.
``(E) Rules of construction.--Nothing in this 
paragraph may be construed to--
``(i) prevent the Secretary, the Attorney 
General, or the Administrator of the Federal 
Aviation Administration from exercising any 
authority to counter unmanned aircraft systems 
in effect prior to the date of enactment of the 
Counter-UAS Authority Security, Safety, and 
Reauthorization Act; or
``(ii) require the disclosure of the list 
maintained under subparagraph (A) to the 
general public.'';
(2) in subsection (d) by striking paragraph (2) and 
inserting the following:
``(2) Coordination.--The Secretary, the Secretary of 
Transportation, and the Attorney General shall coordinate to 
develop their respective regulations and guidance under 
paragraph (1) before issuing any such regulation or 
guidance.'';
(3) in subsection (e)--
(A) by striking paragraph (3) and inserting the 
following:
``(3) records of such communications are disposed of 
immediately following an action described in subsection (b)(1) 
to mitigate a credible threat referred to in subsection (a), 
except that if the Secretary or the Attorney General determines 
that maintenance of such records is necessary to investigate or 
prosecute a violation of law as required by Federal law or for 
the purpose of litigation, such records may be maintained for 
not more than 90 days;''; and
(B) in paragraph (4)--
(i) in the matter preceding subparagraph 
(A) by striking ``are not disclosed outside the 
Department of Homeland Security or the 
Department of Justice unless'' and inserting 
``are not shared outside of the department in 
possession of such communications, except if''; 
and
(ii) in subparagraph (B) by striking ``of, 
or any regulatory, statutory, or other 
enforcement action relating to an action 
described in subsection (b)(1)'';
(4) in subsection (f) by striking ``within the Department 
of Homeland Security or the Department of Justice'';
(5) in subsection (g)--
(A) in paragraph (1) by striking ``the Secretary 
and the Attorney General shall, respectively,'' and 
inserting ``the Secretary, the Attorney General, and 
the Secretary of Transportation shall jointly'';
(B) by striking paragraphs (2) and (3) and 
inserting the following:
``(2) Content.--Each briefing required under paragraph (1) 
shall include the following:
``(A) The number of instances and a description of 
each instance in which actions described in subsection 
(b)(1) have been taken, including all such instances 
that--
``(i) equipment, system, or technology 
disrupted the transmission of radio or 
electronic signals, including and disaggregated 
by whether any such disruption was minimized;
``(ii) may have resulted in harm, damage, 
or loss to a person or to private property, 
including and disaggregated by whether any such 
harm, damage, or loss was minimized;
``(iii) resulted in successful seizure, 
exercise of control, or confiscation under 
subsection (b)(1)(D); or
``(iv) required the use of reasonable force 
under subsection (b)(1)(E).
``(B) The frequency and nature of instances in 
which communications were intercepted or acquired 
during the course of actions described in subsection 
(b)(1), including the following:
``(i) The approximate number and nature of 
incriminating communications intercepted.
``(ii) The approximate number and nature of 
other communications intercepted.
``(C) The total number of instances in which 
records of communications intercepted or acquired 
during the course of actions described in subsection 
(b)(1) were--
``(i) shared with the Department of Justice 
or another Federal law enforcement agency, 
including a list of receiving Federal law 
enforcement agencies; or
``(ii) maintained for more than 90 days.
``(D) The number of instances and a description of 
each instance in which the Secretary, Secretary of 
Transportation, or the Attorney General have engaged 
with Federal, State, or local law enforcement agencies 
to implement the authority under this section, 
including the number of instances that resulted in a 
criminal investigation or litigation.
``(E) Information on the implementation of 
paragraphs (3) and (4)(A) of subsection (b), including 
regarding equipment or technology, including electronic 
equipment to address emerging trends and changes in 
unmanned aircraft system or unmanned aircraft system-
related security threats.'';
(C) in paragraph (5)--
(i) in the first sentence--
(I) by striking ``new technology'' 
and inserting ``counter-UAS detection 
and mitigation system, equipment, or 
technology approved under subsection 
(b)(4)''; and
(II) by striking ``the Secretary 
and the Attorney General shall, 
respectively,'' and inserting ``the 
Secretary, in coordination with the 
Secretary of Transportation and the 
Attorney General, shall''; and
(ii) in the second sentence, by striking 
``to the national airspace system'' and 
inserting ``to the safety and operation of the 
national airspace system''; and
(D) by redesignating paragraphs (4) and (5) as 
paragraphs (3) and (4), respectively;
(6) by striking subsection (i) and inserting the following:
``(i) Termination.--The authority under this section shall 
terminate on October 1, 2030.'';
(7) in subsection (k)--
(A) in paragraph (1)(B) by striking ``the Committee 
on Energy and Commerce,'';
(B) in paragraph (3)--
(i) in subparagraph (A) by striking ``the 
Secretary or the Attorney General, in 
coordination with the Secretary of 
Transportation'' and inserting ``the Secretary, 
in coordination with the Secretary of 
Transportation and the Attorney General,'';
(ii) in subparagraph (C)--
(I) in clause (i)--
(aa) in subclause (II), by 
striking ``or'' after the 
semicolon; and
(bb) by adding at the end 
the following:
``(IV) the security or protection 
functions for facilities, assets, and 
operations of Homeland Security 
Investigations; or
``(V) the security and protection 
of public airports (as such term is 
defined in section 47102 of title 49, 
United States Code) under section 7 of 
the Counter-UAS Authority Security, 
Safety, and Reauthorization Act;''; and
(II) in clause (ii)--
(aa) in subclause (I)--

(AA) in item (aa), 
by striking ``section 
533 of title 28, United 
States Code'' and 
inserting ``paragraph 
(2) or (3) of section 
533 of title 28, United 
States Code, and that 
is limited to a 
specified period of 
time and location''; 
and

(BB) in item (bb), 
by inserting before the 
semicolon the 
following: ``, and that 
is limited to a 
specified period of 
time and location''; 
and

(bb) in subclause (III), by 
striking ``, as specified in'' 
and inserting ``pursuant to'';
(C) in paragraph (6), by striking ``purposes of 
subsection (a)'' and inserting ``purposes of subsection 
(a) and paragraph (4) of subsection (e)''; and
(D) in paragraph (8) in the matter preceding 
subparagraph (A)--
(i) by striking ``and efficiency of the 
national airspace system'' and inserting ``, 
efficiency, and operation of the national 
airspace system''; and
(ii) by striking ``the Secretary or the 
Attorney General, respectively,'' and inserting 
``the Secretary, in coordination with the 
Secretary of Transportation and the Attorney 
General,'';
(8) by striking subsection (l) and inserting the following:
``(l) Annual Report.--Not later than 1 year after the date of 
enactment of the Counter-UAS Authority Security, Safety, and 
Reauthorization Act, and annually thereafter, the Secretary, in 
coordination with the Secretary of Transportation and the Attorney 
General, shall submit to the appropriate congressional committees a 
report that contains the following:
``(1) The information required under subsection (g)(2).
``(2) A description of any guidance, policies, programs, 
and procedures to mitigate or eliminate any adverse impact of 
the activities carried out pursuant to this section, or the use 
of any counter-UAS detection or mitigation system, equipment, 
or technology, on aviation safety, civil aviation and aerospace 
operations, aircraft airworthiness, or the use of the national 
airspace system.
``(3) A description of the guidance, policies, programs, 
and procedures established to address privacy, civil rights, 
and civil liberties issues implicated by the activities carried 
out pursuant to this section.''; and
(9) by adding at the end the following:
``(m) Counter-UAS System Training.--The Attorney General, in 
coordination with the Secretary of Homeland Security (acting through 
the Director of the Federal Law Enforcement Training Centers) may--
``(1) provide training relating to measures to take the 
actions described in subsection (b)(1); and
``(2) establish or designate 1 or more facilities or 
training centers for the purpose described in paragraph (1).
``(n) Counter-UAS Detection and Mitigation System Operator 
Qualification and Training Criteria.--
``(1) In general.--The Secretary and Attorney General, in 
coordination with the Administrator of the Federal Aviation 
Administration, not later than 180 days after the date of 
enactment of the Counter-UAS Authority Security, Safety, and 
Reauthorization Act, shall establish standards for initial and 
recurring training programs or certifications for individuals 
seeking to operate counter-UAS detection and mitigation 
systems, equipment, or technology under this section or the 
Counter-UAS Authority Security, Safety, and Reauthorization 
Act.
``(2) Training criteria.--In carrying out paragraph (1), 
the Secretary and the Attorney General shall, at a minimum--
``(A) consider the potential impacts of such 
systems, equipment, or technology to aviation safety, 
civil aviation and aerospace operations, aircraft 
airworthiness, or the civilian use of airspace, and 
appropriate actions to maintain aviation safety, as 
determined by the Administrator;
``(B) establish interagency coordination 
requirements prior to deployment of such systems, 
equipment, or technology;
``(C) establish the frequency at which an 
individual authorized to operate counter-UAS detection 
and mitigation systems, equipment, or technology shall 
complete and renew such training or certification; and
``(D) consult with counter-UAS detection and 
mitigation system manufacturers and any other 
stakeholders determined appropriate by the Secretary 
and Attorney General.''.

SEC. 4. FAA COUNTER-UAS ACTIVITIES.

(a) In General.--Section 44810 of title 49, United States Code, is 
amended to read as follows:
``Sec. 44810. Counter-UAS activities
``(a) Authority.--
``(1) In general.--The Administrator of the Federal 
Aviation Administration may take such actions as described in 
paragraph (2) that are necessary to--
``(A) detect or mitigate a credible threat (as 
defined by the Secretary of Homeland Security and 
Attorney General, in consultation with the 
Administrator) that an operation of an unmanned 
aircraft or an unmanned aircraft system poses to the 
safe and efficient operation of the national airspace 
system; or
``(B) test or evaluate the potential adverse 
impacts or interference of a counter-UAS detection or 
mitigation system, equipment, or technology on or with 
safe airport operations, aircraft navigation, air 
traffic services, or the safe and efficient operation 
of the national airspace system.
``(2) Authorized actions.--In carrying out paragraph (1), 
the Administrator may take the following actions:
``(A) Detect, identify, monitor, and track an 
unmanned aircraft system or unmanned aircraft, without 
prior consent from the operator of such system or 
aircraft, including by means of intercept or other 
access of a wire, oral, or electronic communication 
used to control the unmanned aircraft system or 
unmanned aircraft.
``(B) Contact or warn the operator of an unmanned 
aircraft system of a potential counter-UAS action 
authorized under this subsection.
``(C) Seize, exercise control of, or otherwise 
confiscate an unmanned aircraft system or unmanned 
aircraft.
``(D) Disrupt control of, disable, damage, or 
destroy an unmanned aircraft or unmanned aircraft 
system, including by means of intercept or other access 
of a wire, oral, or electronic communication used to 
control the unmanned aircraft or unmanned aircraft 
system.
``(b) Applicability of Other Laws.--
``(1) In general.--Section 46502 of this title or sections 
32, 1030, and 1367 and chapters 119 and 206 of title 18 shall 
not apply to activities authorized by the Administrator 
pursuant to this section.
``(2) Privacy protection.--In implementing the requirements 
of this section, the Administrator, in coordination with the 
Attorney General and Secretary of Homeland Security, shall 
ensure that--
``(A) the interception or acquisition of, or access 
to, or maintenance or use of, communications to or from 
an unmanned aircraft system 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;
``(B) communications to or from an unmanned 
aircraft system are intercepted or acquired only to the 
extent necessary to support an action as described 
under subsection (a)(2);
``(C) records of such communications are disposed 
of immediately following herein authorized activity to 
mitigate a credible threat, unless the Administrator, 
the Secretary of Homeland Security, or the Attorney 
General determines that maintenance of such records--
``(i) is necessary to investigate or 
prosecute a violation of law;
``(ii) would directly support the 
Department of Defense, a Federal law 
enforcement agency, or 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 (a)(2);
``(iii) is between the Secretary of 
Homeland Security and the Attorney General in 
the course of a security or protection 
operation of either agency or a joint operation 
of such agencies; or
``(iv) is otherwise required by law; and
``(D) to the extent necessary, the Secretary of 
Homeland Security and the Attorney General are 
authorized to share threat information, which shall not 
include communications described in this subsection, 
with State, local, territorial, or Tribal law 
enforcement agencies in the course of a security or 
protection operation.
``(c) Office of Counter-UAS Activities.--
``(1) In general.--There is established within the Federal 
Aviation Administration an Office of Counter-UAS Activities for 
purposes of managing and directing the counter-UAS activities 
of the Administration.
``(2) Director.--The Administrator shall designate a 
Director of Counter-UAS Activities, who shall be the head of 
the Office.
``(3) Duties.--In carrying out the activities described in 
paragraph (1), the Director shall--
``(A) coordinate with other offices of the 
Administration to ensure that such activities do not 
adversely impact aviation safety or the efficiency of 
the national airspace system;
``(B) lead the development and implementation of 
counter-UAS activity strategic planning within the 
Federal Aviation Administration;
``(C) serve as the Administration's primary point 
of contact for coordinating counter-UAS activities, 
including such activities of--
``(i) Federal and State agencies;
``(ii) covered airports; and
``(iii) other relevant stakeholders; and
``(D) carry out other such counter-UAS activities 
as the Administrator may prescribe.
``(d) Interagency Coordination.--
``(1) In general.--The Administrator shall coordinate with 
the Secretary of Homeland Security and the Attorney General to 
carry out this section, subject to any restrictions of the 
Secretary or Attorney General's authority to acquire, deploy, 
and operate counter-UAS systems, equipment, or technology.
``(2) Nondelegation.--Nothing under this section shall 
permit the Administrator to delegate any authority granted to 
the Administrator to any other Federal agency.
``(e) Counter-UAS Detection and Mitigation System Performance 
Requirements.--
``(1) In general.--Not later than 270 days after the date 
of enactment of the Counter-UAS Authority Security, Safety, and 
Reauthorization Act, the Administrator, in coordination with 
the Secretary and the Attorney General, shall establish minimum 
performance requirements for the safe and reliable deployment 
or use of counter-UAS detection and mitigation systems, 
equipment, and technology within the national airspace system.
``(2) Considerations.--
``(A) Aviation safety.--In establishing minimum 
performance requirements under paragraph (1), the 
Administrator shall--
``(i) leverage data collected in testing 
and evaluation activities conducted under this 
section and any other relevant testing and 
evaluation data determined appropriate by the 
Administrator;
``(ii) determine the extent to which a 
counter-UAS detection or mitigation system, 
equipment, or technology can safely operate 
without disrupting or interfering with the 
operation of aircraft or other national 
airspace system users; and
``(iii) establish specific requirements for 
the deployment and use of such systems, 
equipment, or technology in terminal airspace.
``(B) Efficacy.--In establishing minimum 
performance requirements under subsection (a), the 
Administrator shall consider criteria, as determined by 
the Secretary of Homeland Security, to determine the 
degree to which counter-UAS detection and mitigation 
systems, equipment, or technology is reliable and 
effective in detecting or mitigating unauthorized 
unmanned aircraft system operations independent of data 
or information provided by the system manufacturer of 
such unmanned aircraft system.
``(C) Other interference.--In establishing minimum 
performance requirements under subsection (a), the 
Administrator shall consider criteria, as determined by 
the Federal Communications Commission, to determine the 
extent to which counter-UAS detection and mitigation 
systems, equipment, or technology can be safely 
operated without disrupting or interfering with the 
operation of civilian communications and information 
technology networks and systems, including such 
networks and systems that rely on radio frequency or 
cellular network communications links.
``(3) Rule of construction.--Nothing in paragraph (1) shall 
require the Administrator to conduct a rulemaking in publishing 
minimum performance requirements under such paragraph.
``(f) Counter-UAS System Testing, Evaluation, and Validation.--
``(1) Evaluation and validation.--The Administrator may 
conduct such testing, evaluation, and validation of counter-UAS 
detection and mitigation systems, equipment, and technology as 
necessary to ensure--
``(A) such systems, equipment, and technology will 
not have an adverse impact on the safe and efficient 
operation of the national airspace system or 
transportation safety; and
``(B) such systems, equipment, and technology meet 
minimum performance requirements under subsection (e).
``(2) Testing and training.--Prior to the commencement of 
any training or testing of counter-UAS systems, equipment, and 
technology used for detection or mitigation purposes, an 
agreement shall be established between the testing or training 
entity and the Administrator to ensure aviation safety.
``(3) Demonstration.--The Administrator shall develop a 
standardized process by which a manufacturer or end user of a 
counter-UAS detection or mitigation system, equipment, or 
technology may demonstrate that such system, equipment, or 
technology meets the requirements established pursuant to 
subsection (e) which may include validation by an independent 
third party.
``(4) Airspace hazard mitigation program.--
``(A) Testing program.--In order to test and 
evaluate counter-UAS systems, equipment, or technology 
that detect or mitigate potential aviation safety risks 
posed by unmanned aircraft, the Administrator shall 
deploy such systems or technology at 5 airports, as 
appropriate, and any other location the Administrator 
determines appropriate.
``(B) Testing and evaluation.--Notwithstanding 
section 46502 of this title or sections 32, 1030, and 
1367 and chapters 119 and 206 of title 18, the 
Administrator of the Federal Aviation Administration 
shall conduct testing and evaluation of any counter-UAS 
detection or mitigation system, equipment, or 
technology to assess potential impacts on, or 
interference with, safe airport operations, aircraft 
and air traffic navigation, air traffic services, or 
the safe and efficient operation of the national 
airspace system.
``(C) Coordination.--In carrying out this 
paragraph, the Administrator shall coordinate with the 
Secretary of Homeland Security and the head of any 
other Federal agency that the Administrator considers 
appropriate.
``(g) Voluntary Verified Operator Program.--
``(1) In general.--Not later than 180 days after the date 
of enactment of the Counter-UAS Authority Security, Safety, and 
Reauthorization Act, the Administrator shall establish a 
voluntary verified unmanned aircraft system operator program.
``(2) Purpose.--Under the voluntary verified operator 
program established under paragraph (1), the Administrator 
shall--
``(A) determine criteria for operators of unmanned 
aircraft systems participating in the program to access 
different categories of airspace, including special use 
airspace, in which the operation of such systems is 
otherwise subject to limitations or prohibitions;
``(B) enable routine access to airspace described 
in subparagraph (A) via digital means; and
``(C) ensure such program serves as a repository of 
unmanned aircraft systems operators that have met 
criteria established by the Administrator relating to 
the establishment of safety programs, managerial 
competence, and compliance.
``(3) Criteria.--In establishing the criteria under 
paragraph (2)(A), the Administrator--
``(A) may consider--
``(i) an operator's establishment of safety 
programs, managerial competence, and record of 
compliance;
``(ii) the nature of an operator's 
facilities, unmanned aircraft systems, and 
operations; and
``(iii) the sensitivity of different 
categories of airspace described in such 
paragraph; and
``(B) shall assume that an unmanned aircraft 
systems operator that holds a certificate issued under 
part 135 of title 14, Code of Federal Regulations (or 
any successor regulation) meets such criteria and allow 
such operator to participate in the voluntary verified 
operator program established under this subsection 
without imposing any additional requirements.
``(4) Data.--The Administrator shall ensure that voluntary 
verified operator program participant information is current, 
comprehensive, and available via digital means to such entities 
as the Administrator determines appropriate, including other 
program participants, to improve aviation safety and streamline 
unmanned aircraft systems access to and identification in 
airspace in which such systems may otherwise be subject to 
limitations or prohibitions.
``(5) Rule of construction.--Nothing in this subsection 
shall be construed to--
``(A) require a rulemaking to implement;
``(B) impose additional requirements on unmanned 
aircraft systems operators or operations that--
``(i) are otherwise permitted through other 
mechanisms or regulatory frameworks; or
``(ii) do not participate in the voluntary 
verified operator program established under 
this subsection; or
``(C) restrain the authority of the Administrator 
to manage the use of or restrict navigable airspace 
under section 40103(b).
``(h) Limitations on Operation of Counter-UAS Systems Manufactured 
by Certain Foreign Enterprises.--
``(1) Limitation.--Notwithstanding any other provision of 
this section, the Administrator may not acquire, deploy, or 
operate, or authorize the acquisition, deployment, or operation 
of, a counter-UAS system or any associated elements, including 
software, manufactured or developed by a covered manufacturer.
``(2) International agreements.--This subsection shall be 
applied in a manner consistent with the obligations of the 
United States under international agreements in place on the 
date of enactment of the Counter-UAS Authority Security, 
Safety, and Reauthorization Act.
``(3) Exception.--The Secretary of Transportation is exempt 
from the limitation under this subsection if the Secretary 
determines that the operation or procurement of such system 
supports the safe, secure, or efficient operation of the 
national airspace system or maintenance of public safety, 
including activities carried out under the Federal Aviation 
Administration's Alliance for System Safety of UAS through 
Research Excellence Center of Excellence, FAA-authorized 
unmanned aircraft systems test ranges, and any other testing 
and evaluation activity deemed to support the safe, secure, or 
efficient operation of the national airspace system or 
maintenance of public safety, as determined by the Secretary.
``(4) Definitions.--In this subsection:
``(A) Covered manufacturer.--The term `covered 
manufacturer' means an entity that is owned by, 
controlled by, is a subsidiary of, or is otherwise 
related legally or financially to, a person based in a 
country that--
``(i) is identified as a nonmarket economy 
country (as defined in section 771 of the 
Tariff Act of 1930 (19 U.S.C. 1677)) as of the 
date of enactment of the Counter-UAS Authority 
Security, Safety, and Reauthorization Act;
``(ii) was identified by the United States 
Trade Representative in the most recent report 
required by section 182 of the Trade Act of 
1974 (19 U.S.C. 2242) as a priority foreign 
country under subsection (a)(2) of that 
section; and
``(iii) is subject to monitoring by the 
Trade Representative under section 306 of the 
Trade Act of 1974 (19 U.S.C. 2416).
``(B) Otherwise related legally or financially.--
The term `otherwise related legally or financially' 
does not include a minority stake relationship or 
investment.
``(i) Briefings.--
``(1) Semiannual briefings and notifications.--
``(A) In general.--The Administrator shall provide 
the specified committees of Congress a briefing not 
less than once every 6 months on the activities carried 
out pursuant to this section.
``(B) Content.--Each briefing required under this 
paragraph shall include--
``(i) the number of instances and a 
description of each instance in which actions 
described in subsection (a)(2) have been taken, 
including all such instances that--
``(I) equipment, systems, or 
technology disrupted the transmission 
of radio or electronic signals, 
including and disaggregated by whether 
any such disruption was minimized;
``(II) may have resulted in harm, 
damage, or loss to a person or to 
private property, including and 
disaggregated by whether any such harm, 
damage, or loss was minimized;
``(III) resulted in the successful 
seizure, exercise of control, or 
confiscation under subsection (a)(2); 
or
``(IV) required the use of 
reasonable force under subsection 
(a)(2);
``(ii) the frequency and nature of 
instances in which communications were 
intercepted or acquired during the course of 
actions described in subsection (a)(2), 
including--
``(I) the approximate number and 
nature of incriminating communications 
intercepted;
``(II) the approximate number and 
nature of other communications 
intercepted; and
``(III) the total number of 
instances in which records of 
communications intercepted or acquired 
during the course of actions described 
in subsection (a)(2) were--
``(aa) shared with the 
Department of Justice or 
another Federal law enforcement 
agency, including a list of 
receiving Federal law 
enforcement agencies; or
``(bb) maintained for more 
than 90 days;
``(iii) the number of instances and a 
description of each instance in which 
Administrator of the Federal Aviation 
Administration has engaged with Federal, State, 
or local law enforcement agencies to implement 
the authority under this section, including the 
number of instances that resulted in a criminal 
investigation or litigation; and
``(iv) information on the actions carried 
out under subparagraphs (C) and (D) of 
subsection (a)(2), including equipment or 
technology to address emerging trends and 
changes in unmanned aircraft system or unmanned 
aircraft system-related security threats.
``(C) Classification.--
``(i) In general.--Each briefing required 
under this subsection shall be in an 
unclassified form, but shall be accompanied by 
an additional classified briefing at the 
request of the Chair or Ranking Member of any 
specified committee of Congress.
``(ii) Content of briefings.--Such 
briefings shall include, at a minimum--
``(I) a description of instances in 
which an active mitigation action under 
this section has been taken, including 
all such instances that may have 
resulted in harm, damage, or loss to an 
individual or to private property; and
``(II) a description of each 
covered site, including the 
capabilities of counter-UAS systems 
used at such sites.
``(2) Notification.--Beginning 180 days after the date of 
enactment of the Counter-UAS Authority Security, Safety, and 
Reauthorization Act, the Administrator shall--
``(A) notify the specified committees of Congress 
of any newly authorized acquisition, deployment, or 
operation of a counter-UAS system, equipment or 
technology under this section not later than 90 days 
after such newly authorized acquisition, deployment, or 
operation; and
``(B) in providing a notification under 
subparagraph (A), include a description of options 
considered to mitigate any identified impacts to the 
national airspace system related to the use of any 
counter-UAS system, technology, or equipment operated 
at a covered site, including the minimization of the 
use of any technology, equipment, or system that 
disrupts the transmission of radio or electronic 
signals.
``(j) Definitions.--In this section:
``(1) Specified committees of congress.--The term 
`specified committees of Congress' means--
``(A) the Committee on Transportation and 
Infrastructure, the Committee on Homeland Security, and 
the Committee on the Judiciary of the House of 
Representatives; and
``(B) the Committee on Commerce, Science, and 
Transportation, the Committee on Homeland Security and 
Governmental Affairs, and the Committee on the 
Judiciary of the Senate.
``(2) State.--The term `State' means a State, the District 
of Columbia, and a territory or possession of the United 
States.
``(k) Sunset.--This section ceases to be effective on October 1, 
2030.''.
(b) Clerical Amendment.--The analysis for chapter 448 of title 49, 
United States Code, is amended by striking the item relating to section 
44810 and inserting the following:

``44810. Counter-UAS activities.''.

SEC. 5. ADDITIONAL LIMITED AUTHORITY FOR DETECTION, IDENTIFICATION, 
MONITORING, AND TRACKING.

(a) In General.--The Secretary of Homeland Security, in 
coordination with the Administrator of the Federal Aviation 
Administration and the Attorney General, may authorize the acquisition, 
deployment, and operation of approved counter-UAS detection systems, 
equipment or technology intended to be used for the detection of 
unmanned aircraft systems by a covered entity.
(b) Required Application.--
(1) In general.--In carrying out this section, the 
Secretary of Homeland Security, in coordination with the 
Administrator and the Attorney General, not later than 180 days 
after the establishment of this Act, shall establish an 
application process to authorize the acquisition, deployment, 
and operation of an approved counter-UAS detection system, 
equipment, or technology by covered entities, at covered sites 
or covered events.
(2) Application requirements.--The application described in 
paragraph (1) shall contain--
(A) a justifiable need (based on a threat posed by 
an unmanned aircraft or unmanned aircraft system to a 
covered site or covered event) to detect an unmanned 
aircraft system with an approved counter-UAS detection 
system, equipment, or technology;
(B) a plan for the acquisition, deployment, and 
operation of such counter-UAS detection system, 
equipment, or technology, that shall--
(i) be subject to the approval of the 
Secretary of Homeland Security, the 
Administrator of the Federal Aviation 
Administration, and the Attorney General; and
(ii) include--
(I) a description of the covered 
site or covered event at which the 
counter-UAS detection system, 
equipment, or technology will be 
deployed and operated;
(II) a description of the time 
periods and dates during which the 
counter-UAS detection system, 
equipment, or technology will be 
operated;
(C) a written agreement between the covered entity 
and a Federal, State, local, or Tribal law enforcement 
agency to operate such approved counter-UAS detection 
system, equipment, or technology at a covered site or 
covered event on behalf of such covered entity;
(D) proof of completion of initial and recurrent 
training or certification requirements under section 
210G(n) of the Homeland Security Act of 2002 (6 U.S.C. 
124n(n)); and
(E) any other requirements the Secretary determines 
appropriate.
(3) Law enforcement participation waiver.--The Secretary of 
Homeland Security, in coordination with the Administrator of 
the Federal Aviation Administration and the Attorney General, 
may waive the requirements of paragraph (2)(C) upon application 
from a covered entity if such covered entity demonstrates, to 
the satisfaction of the Secretary, that such covered entity has 
the expertise and ability to safely and lawfully operate an 
approved counter-UAS detection system, equipment, or technology 
under this section.
(4) Application timeline.--The Secretary of Homeland 
Security shall approve or reject an application submitted under 
this subsection not later than 45 days after receiving such 
application (or 90 days if such application requests a waiver 
pursuant to paragraph (3)).
(c) Agreements.--Upon approval of an application required under 
subsection (b) by the Secretary of Homeland Security, the Secretary 
shall enter into an agreement with the applicable covered entity to 
authorize the acquisition, deployment, and operation of an approved 
counter-UAS detection system, equipment, or technology, that shall 
specify, at a minimum--
(1) the approved counter-UAS detection system, equipment, 
or technology to be operated;
(2) the covered site or covered event at which the system, 
equipment, or technology may be operated;
(3) the time periods, dates, and circumstances during which 
the counter-UAS detection system, equipment, or technology may 
be operated; and
(4) any terms and conditions on the deployment and 
operation of an approved counter-UAS detection system, 
equipment, or technology the Secretary determines necessary to 
ensure public safety.
(d) Revocation.--The Secretary shall revoke the authorization or 
approval for the deployment and operation of an approved counter-UAS 
detection system, equipment, or technology pursuant to this section for 
any reason the Secretary determines necessary, including if the 
Secretary determines that the covered entity has not--
(1) maintained, as applicable, an agreement that is 
acceptable to the Secretary with a Federal, State, local, or 
Tribal law enforcement agency to operate such approved counter-
UAS detection system, equipment, or technology on behalf of the 
covered entity;
(2) complied with the initial and recurrent training or 
certification requirements under section 210G(n) of the 
Homeland Security Act of 2002 (6 U.S.C. 124n(n));
(3) complied with the privacy protections under section 
210G(e) of the Homeland Security Act of 2002 (6 U.S.C. 
124n(e)); or
(4) operated an approved counter-UAS detection system, 
equipment, or technology in a safe manner.
(e) Coordination.--The Secretary shall coordinate with the 
Administrator of the Federal Aviation Administration and the Attorney 
General in carrying out the application and agreement processes under 
this section.
(f) Applicability of Other Laws.--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, shall not apply to activities authorized 
by the Secretary under this section or section 6.
(g) Previously Acquired Counter-UAS Systems.--If the Administrator 
finds that a covered entity acquired and operated a counter-UAS 
detection system, equipment, or technology prior to the date of 
enactment of this Act, the Secretary may authorize the use of such 
system, equipment, or technology if--
(1) such system, equipment, or technology meets the minimum 
performance requirements issued pursuant to section 44810(e) of 
title 49, United States Code; and
(2) such covered entity submits an application under 
subsection (b) and enters into required agreements under 
subsection (c).
(h) Audits.--Not later than 18 months after the date of enactment 
of this Act, and every 18 months thereafter, the inspectors general of 
the Department of Transportation, the Department of Homeland Security, 
and the Department of Justice shall conduct a joint audit of the 
implementation of the requirements of this section, section 6, or 
section 7.
(i) Report to Congress.--Not later than 90 days after the date on 
which the inspectors general complete each audit required under 
subsection (h), the inspectors general shall submit to the appropriate 
committees of Congress a report on the findings of such audit and any 
recommendations related to the administration of this section.
(j) Termination of Authority.--The authorities under this section 
shall terminate on October 1, 2030.
(k) Savings Clause.--
(1) Rules of construction.--
(A) Safety and efficiency.--Nothing in this section 
or section 6 shall be construed to limit or restrict 
the Administrator of the Federal Aviation 
Administration from ensuring the safety and efficiency 
of the national airspace system.
(B) Preclusion.--Nothing in this section or section 
7 shall be construed to preclude a covered entity or 
public-use airport from acquiring and operating an 
approved counter-UAS detection system, equipment, or 
technology without an authorization if the lawful 
operation of such system, equipment, or technology does 
not--
(i) require the relief provided under 
subsection (f); and
(ii) adversely impact the safe operation of 
the national airspace system.
(2) Suspension of authority.--
(A) In general.--The Administrator of the Federal 
Aviation Administration, in consultation with the 
Attorney General, may suspend the authority provided 
under this section or section 6 if the Administrator--
(i) determines that the exercise of such 
authority threatens the safety or efficiency of 
the national airspace system; and
(ii) conveys in writing the determination 
to the Secretary of Homeland Security.
(B) Reporting.--The Administrator shall notify the 
appropriate committees of Congress within 48 hours of 
suspending the authority provided under this section 
under subparagraph (A).
(l) Approved Counter-UAS Detection System Defined.--In this 
section, the term ``approved counter-UAS detection system'' means a 
counter-UAS detection system approved under section 210G(b)(4) of the 
Homeland Security Act of 2002 (6 U.S.C. 124n(b)(4)) and that meets the 
minimum performance requirements established pursuant to section 
44810(e) of title 49, United States Code.

SEC. 6. COUNTER-UAS MITIGATION LAW ENFORCEMENT PILOT PROGRAM.

(a) In General.--Subject to the availability of appropriations for 
such purpose, not later than 60 days after the first determination that 
a counter-UAS system with mitigation capabilities meets the 
requirements of section 44810(e) of title 49, United States Code, the 
Secretary of Homeland Security, in coordination with the Attorney 
General and the Administrator of the Federal Aviation Administration, 
shall establish a pilot program to assess the efficacy of approved 
counter-UAS mitigation systems at covered sites and covered events and 
determine the appropriate policies, procedures, and protocols necessary 
to allow State and covered local law enforcement agencies (in 
coordination with the Secretary, Attorney General, and Administrator) 
to acquire, deploy, and operate approved counter-UAS mitigation systems 
and mitigate unauthorized UAS operations on behalf of covered entities.
(b) Required Application.--
(1) In general.--In carrying out this section, the 
Secretary of Homeland Security, in coordination with the 
Attorney General and the Administrator, shall establish an 
application process to authorize the acquisition, deployment, 
and operation of an approved counter-UAS mitigation system, 
equipment, or technology by a State or covered local law 
enforcement agency, in partnership with a covered entity, at a 
covered site or covered event.
(2) Application requirements.--The application described in 
paragraph (1) shall contain--
(A) a justifiable need (based on a threat posed by 
an unmanned aircraft or unmanned aircraft system to a 
covered site or covered event) to mitigate an unmanned 
aircraft system with an approved counter-UAS mitigation 
system, equipment, or technology;
(B) a plan for the acquisition, deployment, and 
operation of such counter-UAS mitigation system, 
equipment, or technology, that shall--
(i) be subject to the approval of the 
Secretary of Homeland Security, the Attorney 
General, and the Administrator of the Federal 
Aviation Administration; and
(ii) include--
(I) a description of the covered 
site or covered event at which the 
counter-UAS mitigation system, 
equipment, or technology will be 
deployed and operated; and
(II) a description of the time 
periods and dates during which the 
counter-UAS mitigation system, 
equipment, or technology will be 
operated;
(C) a written agreement between the covered entity 
and a State or covered local law enforcement agency to 
operate such approved counter-UAS mitigation system, 
equipment, or technology at a covered site or covered 
event on behalf of such covered entity;
(D) proof of completion of initial and recurrent 
training or certification requirements under section 
210G(n) of the Homeland Security Act of 2002 (6 U.S.C. 
124n(n));
(E) proof that the airspace above such covered site 
or covered event is restricted by a temporary flight 
restriction, a determination under section 2209 of the 
FAA Extension, Safety, and Security Act of 2016 (49 
U.S.C. 44802 note), or any other similar restriction 
determined appropriate by the Secretary;
(F) an endorsement from the chief executive of the 
State or territory within which the applicant has 
jurisdiction; and
(G) any other requirements the Secretary determines 
appropriate.
(c) Agreements.--Upon approval of an application required under 
subsection (b) by the Secretary of Homeland Security, the Secretary 
shall enter into an agreement with the applicable covered entity and 
State or covered local law enforcement agency to authorize the 
acquisition, deployment, operation of an approved counter-UAS 
mitigation system, equipment, or technology, that shall specify, at a 
minimum--
(1) the approved counter-UAS mitigation system, equipment, 
or technology to be operated;
(2) the covered site or covered event at which the system, 
equipment, or technology may be operated;
(3) the time periods, dates, and circumstances during which 
the counter-UAS mitigation system, equipment, or technology may 
be operated;
(4) any terms and conditions on the deployment and 
operation of an approved counter-UAS mitigation system, 
equipment, or technology the Secretary determines necessary to 
ensure public safety;
(5) the frequency with which the appropriate Federal agency 
representatives shall conduct periodic site visits to ensure 
compliance with the approved terms and conditions of deployment 
and operations of the approved counter-UAS mitigation system, 
equipment, or technology;
(6) the required Federal coordination prior to the 
mitigation of an unmanned aircraft system by a State or covered 
local law enforcement agency described in subsection (d)(1); 
and
(7) the post-event reporting requirements specified in 
subsection (d)(3).
(d) Required Coordination and Notification.--
(1) In general.--Until the date that is 270 days after the 
initial deployment of an authorized counter-UAS system, 
equipment, or technology, the Secretary of Homeland Security 
shall expressly approve, on a case-by-case basis, the 
mitigation of unmanned aircraft system by a State or covered 
local law enforcement agency under this section.
(2) Verification and notification.--In carrying out 
paragraph (1), the Secretary of Homeland Security shall--
(A) verify that there is a justifiable threat that 
warrants the use of such counter-UAS system, equipment, 
or technology;
(B) verify that the use of such counter-UAS system, 
equipment, or technology will--
(i) be conducted in a manner consistent 
with the agreement between the Secretary and 
the State or covered local law enforcement 
agency; and
(ii) abide by all safety protocols, terms, 
and conditions established for the use of such 
system, equipment, or technology at the covered 
site or covered event; and
(C) immediately notify the Administrator of the 
Federal Aviation Administration of the approval 
provided under this paragraph.
(3) Report.--
(A) In general.--Not later than 24 hours after each 
mitigation of a UAS conducted under the authorities in 
this section, the relevant State or covered local law 
enforcement agency shall submit to the Secretary of 
Homeland Security, the Administrator of the Federal 
Aviation Administration, and the Attorney General a 
post-event report.
(B) Contents.--The report under subparagraph (A) 
shall include all relevant information pertaining to 
the event, including the drone operation, and 
subsequent mitigation and enforcement actions, and 
subsequent enforcement actions, as specified by the 
Secretary.
(e) Revocation.--The Secretary shall revoke the authorization or 
approval for the deployment and operation of an approved counter-UAS 
mitigation system, equipment, or technology pursuant to this section if 
the Secretary determines that the covered entity has not--
(1) maintained an agreement that is acceptable to the 
Secretary with a State or covered local law enforcement agency 
to operate such approved counter-UAS mitigation system, 
equipment, or technology on behalf of the covered entity;
(2) complied with the initial and recurrent training or 
certification requirements under section 210G(n) of the 
Homeland Security Act of 2002 (6 U.S.C. 124n(n));
(3) complied with the privacy protections under section 
210G(e) of the Homeland Security Act of 2002 (6 U.S.C. 
124n(e)); or
(4) otherwise operated an approved counter-UAS mitigation 
system, equipment, or technology in a safe and lawful manner.
(f) Coordination.--The Secretary shall coordinate with the 
Administrator of the Federal Aviation Administration and the Attorney 
General in carrying out the application, agreement, and revocation 
processes under this section.
(g) Evaluation.--Before the initiation of the pilot program under 
this section, the Secretary of Homeland Security, in coordination with 
the Attorney General and the Administrator of the Federal Aviation 
Administration, shall establish objectives, metrics, and success 
criteria for evaluating the results of pilot program in the areas of 
homeland security, public safety, aviation safety, airspace access for 
lawful aircraft operators, privacy, and civil liberties.
(h) Selection Criteria.--
(1) Airspace considerations.--
(A) In general.--The Administrator of the Federal 
Aviation Administration, in coordination with the 
Secretary of Homeland Security and the Attorney 
General, shall make a site-specific determination for 
each covered site or covered event selected under the 
pilot program established under this section to ensure 
that any potential use of counter-UAS mitigation 
systems, equipment, or technology at the covered site 
or covered event will not adversely impact the safe 
operation of the national airspace system, including 
any airport that is located near the covered site or 
covered event.
(B) Ineligibility for participation.--If an adverse 
impact is identified under subparagraph (A) and cannot 
be safely mitigated to the satisfaction of the 
Administrator, the covered site or covered event is not 
eligible for participation in the pilot program 
established under this section.
(2) Program size, review, and expansion.--
(A) Initial size.--The program established under 
subsection (a) may include not more than 5 State or 
covered local law enforcement agencies.
(B) Restriction.--A State or covered local law 
enforcement agency participating in the pilot program 
established under subsection (a) may operate approved 
counter-UAS mitigation systems, equipment, or 
technology at--
(i) no more than 4 covered sites; and
(ii) covered events.
(C) Review and expansion.--The Secretary, in 
coordination with the Administrator and the Attorney 
General--
(i) shall review the preliminary results of 
such pilot program against the objectives, 
metrics, and success criteria established in 
subsection (g); and
(ii) may, if appropriate, take such actions 
as may be necessary to revise or expand, 
subject to the availability of trained 
personnel, the number of law enforcement 
agencies permitted to participate in the 
program--
(I) by 10, not sooner than 18 
months after approved counter-UAS 
mitigation systems, equipment, or 
technology are deployed for use by 
State or covered local law enforcement 
agencies participating in the pilot 
program established under subsection 
(a); and
(II) by an additional 12 not sooner 
than 18 months after the date described 
in subclause (I).
(i) Required Briefing.--
(1) In general.--Not later than 6 months after the 
establishment of the pilot program under this section, and 
every 6 months thereafter, the Secretary shall brief the 
appropriate committees of Congress on the progress and findings 
of the pilot program established under this section, including 
a description of all mitigation events reported under 
subsection (d) and objectives, metrics, and success criteria 
under subsection (g).
(2) Restriction on program expansion.--If an agency fails 
to provide a briefing or report required under this Act, 
including under paragraph (1), the time periods after which the 
Secretary may expand the pilot program under subsection 
(h)(2)(C) shall be extended by 6 months for each required 
briefing the Secretary fails to provide.
(j) Special Program for Covered Multinational Sporting Events.--
(1) Covered multinational sporting event defined.--In this 
section, the term ``covered multinational sporting event'' 
means a large public gathering hosted in a stadium or other 
venue that is organized by or directly on behalf of a covered 
entity responsible for organizing 1 of the following events:
(A) The 2026 FIFA World Cup.
(B) The Games of the XXXIV Olympiad.
(C) The 18th Summer Paralympic Games.
(2) Establishment.--Not later than 60 days after the date 
of enactment of this Act, the Secretary of Homeland Security, 
in coordination with the Attorney General and the Administrator 
of the Federal Aviation Administration, shall establish a 
program to enable the deployment and operation of approved 
counter-UAS mitigation systems by State and covered local law 
enforcement agencies responsible for securing covered 
multinational sporting events against unauthorized unmanned 
aircraft system operations.
(3) Selection.--The Secretary, in consultation with the 
Governor of a State in which a covered multinational sporting 
event is occurring, shall select which State and local law 
enforcement agencies may apply to deploy and operate approved 
counter-UAS mitigation systems on behalf of a covered entity 
under this subsection.
(4) Applicability.--Subsections (c) through (f) shall apply 
to the program established under this section.
(5) Duration.--The authority of the Secretary to authorize 
a State or local law enforcement agency to deploy or operate an 
approved counter-UAS mitigation system under this subsection 
shall terminate upon the conclusion of the relevant covered 
multinational sporting event.
(6) Notification.--Not later than 30 days prior to the 
commencement of a covered multinational sporting event, the 
Secretary, in coordination with the Attorney General and the 
Administrator of the Federal Aviation Administration, shall 
notify the appropriate committees of Congress of the approval 
and denial of all applications from State and local law 
enforcement agencies under this subsection.
(7) Briefing.--Not later than 3 months after the conclusion 
of a covered multinational sporting event, the Secretary, 
Attorney General, and Administrator shall provide a briefing to 
the appropriate committees of Congress on--
(A) the actions taken by the Secretary and State or 
local law enforcement agencies under the program; and
(B) lessons learned that the Secretary intends to 
integrate into the administration of the pilot program 
established under subsection (a).
(8) Transfer into law enforcement pilot program.--
(A) In general.--Upon the conclusion of the 
relevant multinational sporting event, the Secretary 
may transfer the following State or covered local law 
enforcement agencies to the pilot program established 
under subsection (a):
(i) 11 State or covered local law 
enforcement agencies associated with the 
multinational sporting event described in 
paragraph (1)(A).
(ii) 2 State or covered local law 
enforcement agencies associated with the 
multinational sporting event described in 
paragraph (1)(B).
(B) Program size.--A State or covered local law 
enforcement agency that is transferred to such pilot 
program under subparagraph (A) shall not be counted for 
purposes of the pilot program size restrictions in 
subparagraph (A) or (C) of subsection (h)(2).
(C) Agency selection.--In selecting agencies to 
transfer to the pilot program established under 
subsection (a), the Secretary shall, to the maximum 
extent practicable, ensure that 1 State or covered 
local law enforcement agency with jurisdiction over 
each of the sites of a multinational sporting event is 
selected.
(D) Restriction.--The Secretary shall not transfer 
an agency under subparagraph (A) if the Secretary, in 
coordination with the Attorney General and the 
Administrator of the Federal Aviation Administration, 
finds that an agency participating in the program 
established under this subsection--
(i) violated the terms of an agreement 
under subsection (c); or
(ii) takes an action that would lead to a 
revocation under subsection (e).
(k) Sunset.--Except as provided in subsection (j)(5), the authority 
under this section shall terminate on October 1, 2030.
(l) Assessment.--
(1) Not later than 3 years after the initiation of the 
pilot program established under this section, the Secretary of 
Homeland Security, the Attorney General, and the Administrator 
of the Federal Aviation Administration shall conduct and submit 
to the appropriate committees of Congress an assessment 
containing--
(A) an evaluation of the results of the pilot 
program, including as it relates to the objectives, 
metrics, and success criteria under subsection (g);
(B) a determination as to whether--
(i) counter-UAS authorities should continue 
to be extended to State and covered local law 
enforcement agencies;
(ii) counter-UAS authorities should not 
continue to be extended to States and covered 
local law enforcement agencies; or
(iii) additional information is needed to 
determine whether counter-UAS authorities 
should continue to be extended to State and 
covered local law enforcement agencies; and
(C) if a determination under subparagraph (B)(i) is 
made, recommendations on a proposed permanent 
regulatory structure relating to counter-UAS 
authorities for States and covered local law 
enforcement agencies, including--
(i) the size and scope of such regulatory 
structure;
(ii) proposed criteria or qualifications 
for such agencies seeking to utilize such 
regulatory structure; and
(iii) how such regulatory structure ensures 
the continuation of--
(I) training, certification, and 
Federal oversight requirements to 
ensure the safe and effective use of 
approved counter-UAS mitigation 
systems;
(II) required coordination with the 
Administrator to prevent any adverse 
impact on aviation safety, civil 
aviation and aerospace operations, 
aircraft airworthiness, or the use of 
the national airspace system; and
(III) privacy protections and 
requirements relating to the protection 
of civil liberties.
(2) Unclassified form.--The report required under paragraph 
(1) shall be submitted in unclassified form, but may contain a 
classified annex.
(m) Definitions.--In this section:
(1) Approved counter-uas mitigation system.--The term 
``approved counter-UAS mitigation system'' means a counter-UAS 
detection system approved under section 210G(b)(4) of the 
Homeland Security Act of 2002 (6 U.S.C. 124n(b)(4)) and that 
meets the minimum performance requirements established pursuant 
to section 44810(e) of title 49, United States Code.
(2) Covered local law enforcement agency.--The term 
``covered local law enforcement agency'' means a local law 
enforcement agency that has jurisdiction over an area 
containing a population of at least 650,000 people.

SEC. 7. COUNTER-UAS SYSTEM PLANNING AND DEPLOYMENT AT AIRPORTS.

(a) Strategic Airport Planning.--
(1) In general.--Not later than 1 year after the date of 
enactment of this Act, the Administrator of the Federal 
Aviation Administration, in coordination with the Secretary of 
Homeland Security and the Attorney General, shall develop a 
plan for operations at covered airports of counter-UAS 
detection and mitigation systems, equipment, or technology that 
meet the performance requirements described in section 44810(e) 
of title 49, United States Code, for purposes of--
(A) ensuring the safety and security of aircraft; 
and
(B) responding to a persistent disruption of air 
traffic operations caused by unmanned aircraft system 
activity.
(2) Contents.--The plan required under paragraph (1) shall 
consider, at a minimum--
(A) the roles and responsibilities of--
(i) Federal agency personnel, including air 
traffic control personnel and Federal Air 
Marshal resources;
(ii) relevant airport personnel; and
(iii) any other stakeholder the 
Administrator determines appropriate in the 
terminal airspace;
(B) operational procedures, protocols, policies, 
and guidelines pertaining to the deployment of such 
systems, equipment, or technology;
(C) minimum performance requirements for such 
systems, equipment, or technology;
(D) funding responsibilities and mechanisms for the 
acquisition, deployment, and operation of such systems, 
equipment or technology;
(E) the operational approval process by which such 
systems, equipment, or technology may be deployed;
(F) reporting requirements associated with the use 
of such systems, equipment, or technology;
(G) initial operator training and recurrent 
training requirements;
(H) how the remote identification of unmanned 
aircraft systems can be leveraged for the operation of 
counter-UAS systems, equipment or technology;
(I) how data and information obtained from counter-
UAS equipment can be shared in a timely manner with 
airports; and
(J) any other content as determined necessary by 
the Administrator, the Secretary, and the Attorney 
General.
(3) Coordination.--In developing the plan described in 
paragraph (1), the Administrator--
(A) shall coordinate with the Secretary of Homeland 
Security and the Attorney General to consider, and if 
determined appropriate by the Administrator, include 
requirements and procedures for--
(i) conducting and updating airport-
specific vulnerability assessments;
(ii) developing airport-specific 
coordination and communication requirements 
with Federal agencies, local law enforcement, 
and airport personnel appropriate for the scope 
of such plan;
(iii) tactical response and status 
reporting during events within the scope of 
such plan; and
(iv) acquisition and deployment of counter-
UAS systems, equipment, or technology within 
the scope of such plan; and
(B) shall consult with airport and law enforcement 
stakeholders, including the exclusive bargaining 
representative of air traffic controllers certified 
under section 7111 of title 5, United States Code, as 
appropriate.
(4) Periodic update.--In carrying out this subsection, the 
Administrator shall review and update such plan not less than 
annually.
(b) Counter-UAS Detection Systems at Airports.--
(1) In general.--Pursuant to the plan required in 
subsection (a) and subject to available appropriations, the 
Administrator, in coordination with the Secretary of Homeland 
Security, the Attorney General, and other relevant Federal 
agencies, shall provide for the deployment of approved counter-
UAS detection systems, equipment, or technology within the 
terminal airspace of--
(A) each large hub airport (as defined in section 
47102 of title 49, United States Code), not later than 
30 months after the publication of the performance 
requirements described in section 44810(e) of title 49, 
United States Code;
(B) a minimum of 3 airports that each have a total 
annual landed weight of all-cargo of more than 
7,500,000,000 pounds in 2021 or any year thereafter, 
not later than 12 months after the publication of the 
guidance described in subsection (a); and
(C) each medium hub airport (as defined in section 
47102 of title 49, United States Code), not later than 
4 years after the publication of the performance 
requirements described in section 44810(e) of title 49, 
United States Code.
(2) Predeployment activities.--The Administrator of the 
Federal Aviation Administration, in consultation with the 
Federal Communications Commission, the National 
Telecommunications and Information Administration, and other 
Federal agencies as appropriate, shall conduct site-specific 
spectrum and suitability assessments for each selected airport 
under the program, based on the specific counter-UAS detection 
systems, equipment, or technology intended to be deployed.
(c) Counter-UAS Mitigation at Airports.--
(1) Establishment.--Pursuant to the plan required in 
subsection (a), the Secretary of Homeland Security, jointly 
with the Administrator of the Federal Aviation Administration 
and in coordination with the Attorney General, shall, subject 
to the availability of appropriations, establish a pilot 
program to assess the feasibility of deploying approved 
counter-UAS mitigation systems, equipment, and technology 
capable of mitigating unmanned aircraft and unmanned aircraft 
systems for purposes of responding to a credible threat caused 
by unauthorized unmanned aircraft system activity impacting 
airport operations.
(2) Deployment and operation of counter-uas mitigation 
systems.--
(A) In general.--The pilot program shall include 
deployment and operation of approved counter-UAS 
mitigation systems, equipment, or technology at up to 5 
covered airports not later than 2 years after the 
publication of the performance requirements described 
in section 44810(e) of title 49, United States Code.
(B) Participation of airport police.--The Secretary 
of Homeland Security and the Administrator of the 
Federal Aviation Administration may, subject to such 
conditions and restrictions as the Secretary and 
Administrator determine necessary, authorize a law 
enforcement agency with jurisdiction over an airport to 
deploy and operate approved counter-UAS mitigation 
systems, equipment, or technology at 2 of the covered 
airports under subparagraph (A).
(3) Selection.--The Secretary shall coordinate with the 
Administrator and the Attorney General to develop a list of 
covered airports eligible for inclusion in the pilot program, 
based on the suitability of each such airport for counter-UAS 
system, equipment, or technology deployment.
(4) Pre-deployment activities.--The Administrator shall, in 
consultation with the Federal Communications Commission, the 
National Telecommunications and Information Administration, and 
other Federal agencies as appropriate, conduct site-specific 
spectrum and suitability assessments for each selected airport 
under the program, based on the specific counter-UAS mitigation 
systems, equipment, or technology to be deployed, prior to the 
operation of such systems at each selected airport.
(5) Limitations on mitigation activities.--
(A) Authorization of mitigation.--No activity to 
mitigate the operation of an unmanned aircraft or 
unmanned aircraft system under the pilot program may be 
carried out without authorization from both the 
Secretary of Homeland Security and the Administrator.
(B) Emergency, temporary deployment.--The Secretary 
of Homeland Security or the Administrator, may, on a 
case-by-case basis, authorize an emergency, temporary 
deployment and operation of systems, equipment, or 
technology capable of mitigating unmanned aircraft and 
unmanned aircraft systems to a public airport (as 
defined under section 47102 of title 49, United States 
Code) not participating in the pilot program for 
purposes of responding to a persistent disruption of 
air traffic operations caused by unauthorized unmanned 
aircraft system activity.
(d) Site-Specific Planning.--
(1) In general.--Prior to the deployment and operation of a 
counter-UAS detection or mitigation system, equipment, or 
technology at an airport as described in subsection (b) and 
paragraph (1) of subsection (c), the Secretary and the 
Administrator shall coordinate with airport personnel, 
including the exclusive bargaining representative of air 
traffic controllers certified under section 7111 of title 5, 
United States Code, State law enforcement, and other relevant 
stakeholders to develop a site-specific plan for the use of 
counter-UAS detection and mitigation systems, equipment, or 
technology at such airport.
(2) Responsibilities.--A plan required under paragraph (1) 
shall include--
(A) roles and responsibilities of--
(i) Federal agency personnel, including air 
traffic control personnel;
(ii) airport law enforcement and security 
personnel;
(iii) State law enforcement personnel;
(iv) other relevant airport personnel, as 
determined by the Secretary and the 
Administrator; and
(v) any other stakeholder in a terminal 
airspace the Secretary and Administrator 
determine appropriate;
(B) operational procedures, protocols, policies, 
and guidelines pertaining to the deployment, use, and 
maintenance of such systems, equipment, or technology;
(C) the operational approval process by which such 
systems, equipment, or technology may be actively 
deployed and operated;
(D) reporting requirements associated with the use 
of such systems, equipment, or technology;
(E) initial and recurring counter-UAS operator 
training requirements;
(F) information-sharing mechanisms to provide 
airports with timely access to data and information 
obtained from counter-UAS equipment;
(G) appropriate consideration of, and updates to, 
counter-UAS emergency response plans for an airport; 
and
(H) any other content as determined necessary by 
the Secretary and the Administrator.
(e) Restriction.--No Federal agency may require an airport operator 
to procure, acquire, deploy, or operate an approved counter-UAS 
detection system, equipment, or technology, or approved counter-UAS 
mitigation system, equipment, or technology for or on behalf of the 
Federal agency.
(f) Previously Acquired Counter-UAS Systems.--If the Administrator 
finds that an airport acquired and operated a counter-UAS detection 
system, equipment, or technology prior to the date of enactment of this 
Act, the Administrator may authorize the use of such system, equipment, 
or technology under this subsection if--
(1) such system, equipment, or technology meets the minimum 
performance requirements issued pursuant to section 44810(e) of 
title 49, United States Code; and
(2) such airport agrees to such terms and conditions as the 
Administrator may prescribe under this subsection.
(g) Definitions.--In this section:
(1) Approved counter-uas detection system defined.--The 
term ``approved counter-UAS detection system'' means a system 
approved under section 210G(b)(4) of the Homeland Security Act 
of 2002 (6 U.S.C. 124n(b)(4)) and that meets the minimum 
performance requirements established pursuant to section 
44810(e) of title 49, United States Code.
(2) Approved counter-uas mitigation system defined.--The 
term ``approved counter-UAS mitigation system'' means a system 
approved under section 210G(b)(4) of the Homeland Security Act 
of 2002 (6 U.S.C. 124n(b)(4)) and that meets the minimum 
performance requirements established pursuant to section 
44810(e) of title 49, United States Code.

SEC. 8. UAS DETECTION AND MITIGATION ENFORCEMENT AUTHORITY.

(a) In General.--Chapter 448 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 44815. Unmanned aircraft system detection and mitigation 
enforcement
``(a) Prohibition.--
``(1) In general.--No person may carelessly or recklessly 
operate a system, equipment, or technology to detect, identify, 
monitor, track, or mitigate an unmanned aircraft system or 
unmanned aircraft in a manner that adversely impacts or 
interferes with safe airport operations, navigation, or air 
traffic services, or the safe and efficient operation of the 
national airspace system.
``(2) Actions by the administrator.--The Administrator of 
the Federal Aviation Administration may take such action as may 
be necessary to address the adverse impacts or interference of 
operations that violate paragraph (1).
``(b) Rule of Construction.--The term `person' as used in this 
section does not include--
``(1) the Federal Government or any bureau, department, 
instrumentality, or other agency of the Federal Government; or
``(2) an officer, employee, or contractor of the Federal 
Government or any bureau, department, instrumentality, or other 
agency of the Federal Government if the officer, employee, or 
contractor is authorized by the Federal Government or any 
bureau, department, instrumentality, or other agency of the 
Federal Government to operate a system or technology referred 
to in subsection (a)(1).''.
(b) Penalties Relating to the Operation of Unmanned Aircraft System 
Detection and Mitigation Technologies.--Section 46301(a) of title 49, 
United States Code, is amended by adding at the end the following:
``(9) Penalties Relating to the Operation of Unmanned Aircraft 
System Detection and Mitigation Technologies.--Notwithstanding 
paragraphs (1) and (5) of subsection (a), the maximum civil penalty for 
a violation of section 44815 committed by a person described in such 
section, including an individual or small business concern, shall be 
the maximum civil penalty authorized under subsection (a)(1) of this 
section for persons other than an individual or small business 
concern.''.
(c) Clerical Amendment.--The analysis for chapter 448 of title 49, 
United States Code, is amended by adding at the end the following:

``44815. Unmanned aircraft system detection and mitigation 
enforcement''.

SEC. 9. REPORTING ON COUNTER-UAS ACTIVITIES.

(a) Requirement.--Not later than 180 days after the date of 
enactment of this Act, and annually thereafter, the Secretary of 
Homeland Security shall issue, in coordination with the Administrator 
of the Federal Aviation Administration and the Attorney General, a 
public report summarizing the results of all counter-UAS detection and 
mitigation activities conducted pursuant to this Act during the 
previous year.
(b) Contents.--The report under subsection (a) shall contain--
(1) to the extent unrelated to any pending criminal 
proceedings, information on any violation of, or failure to 
comply with, this Act or the amendments made by this Act by 
personnel authorized to conduct detection and mitigation 
activities, including a description of any such violation or 
failure;
(2) data on the number of detection activities conducted, 
the number of mitigation activities conducted, and the number 
of instances of communications interception from an unmanned 
aircraft system;
(3) whether any unmanned aircraft that experienced 
mitigation was engaged in First Amendment-protected activities, 
and whether any unmanned aircraft or unmanned aircraft systems 
were properly or improperly seized, disabled, damaged, or 
destroyed as well as methods used to seize, disable, damage, or 
destroy such aircraft or systems; and
(4) a description of the efforts of the Federal Government 
to protect privacy and civil liberties when carrying out 
counter-UAS detection and mitigation activities.
(c) Form.--The Secretary shall submit each report under subsection 
(a) in unclassified form and post such report on a publicly available 
website.

SEC. 10. DRONE SAFETY STATEMENT MODERNIZATION.

(a) In General.--Section 44805 of title 49, United States Code, is 
amended--
(1) in subsection (h) by inserting ``(excluding 
requirements under subsection (i))'' after ``requirements of 
this section''; and
(2) by adding at the end the following:
``(i) Safety Statements.--
``(1) In general.--The manufacturer of a small unmanned 
aircraft system shall--
``(A) make available to the initial operator of 
such system the safety statement described in paragraph 
(2) at the time such operator activates such system for 
the first time; and
``(B) require such operator to electronically 
acknowledge that the operator has read and understands 
each component of the safety statement.
``(2) Requirements.--The Administrator shall develop, 
maintain, and periodically review and revise requirements for 
the safety statement required under paragraph (1). Such 
statement shall include--
``(A) information on, and sources of, laws and 
regulations applicable to the operation of small 
unmanned aircraft systems, including--
``(i) authorizations or regulations 
depending on the type of operation an 
individual is conducting and the qualifications 
or certification of the individual operating 
such system; and
``(ii) requirements regarding the operation 
of a small unmanned aircraft system under 
section 44809;
``(B) information on temporary flight restrictions, 
airspace restrictions specific to unmanned aircraft 
systems, and other types of airspace restrictions;
``(C) methods approved by the Administrator for 
determining whether the operation of a small unmanned 
aircraft system in particular airspace is lawful or 
unlawful;
``(D) recommendations for using small unmanned 
aircraft systems in a manner that promotes the safety 
of persons and property;
``(E) potential consequences for operating a small 
unmanned aircraft system in an unsafe or unlawful 
manner, including--
``(i) potential consequences for operating 
such system in restricted airspace; and
``(ii) any enforcement action the 
Administrator may pursue against an individual 
operating a small unmanned aircraft system who 
endangers the safety of the national airspace 
system; and
``(F) the date on which the safety statement was 
created or last modified.
``(3) Example statement.--
``(A) In general.--Not later than 120 days after 
the date of enactment of the Counter-UAS Authority 
Security, Safety, and Reauthorization Act, the 
Administrator shall issue and thereafter maintain an 
example safety statement that satisfies the 
requirements of paragraph (2).
``(B) Restriction.--The Administrator may not 
require a manufacturer of a small unmanned aircraft 
system to use the example statement issued and 
maintained under subparagraph (A).''.
(b) Update of Safety Statement.--Not later than 18 months after the 
date of enactment of this Act, and annually thereafter, the 
Administrator of the Federal Aviation Administration shall review and 
revise the example safety statement for small unmanned aircraft systems 
as required under section 44805(i)(3)(A) of title 49, United States 
Code (as added by subsection (a)).
(c) Conforming Amendment.--Section 2203 of the FAA Extension, 
Safety, and Security Act of 2016 (49 U.S.C. 44801 note) and the item 
relating to such section in section 1(b) of such Act are repealed.

SEC. 11. APPLICABILITY.

Section 553 and 554 of title 5, United States Code, shall not apply 
to any determinations made or guidance issued by the Secretary of 
Homeland Security, the Attorney General, or the Administrator of the 
Federal Aviation Administration under--
(1) section 5 or 6 of this Act;
(2) subsection (b)(4) and subsection (n) of section 210G of 
the Homeland Security Act of 2002 (6 U.S.C. 124n); or
(3) section 44810(e) of title 49, United States Code.
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