S.Amdt. 2818

SA 2818. Mr. JOHNSON submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle H of title X, add the following:

SEC. 1095. COUNTERING EMERGING AERIAL THREATS TO DIPLOMATIC
SECURITY.

Title I of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a et seq.) is amended by adding at the
end the following:

``SEC. 65. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM
UNMANNED AIRCRAFT.

``(a) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' means--
``(A) the Committee on Foreign Relations, the Committee on
the Judiciary, the Committee on Commerce, Science, and
Transportation, and the Select Committee on Intelligence of
the Senate; and
``(B) the Committee on Foreign Affairs, the Committee on
the Judiciary, the Committee on Transportation and
Infrastructure, the Committee on Energy and Commerce, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
``(2) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31,
United States Code.
``(3) The term `covered facility or asset' means any
facility or asset that--
``(A) is identified as high-risk and a potential target for
unlawful unmanned aircraft activity by the Secretary of
State, in coordination with the Secretary of Transportation
with respect to potentially impacted airspace, through a
risk-based assessment;
``(B) is located in the United States; and
``(C) directly relates to the security or protection
operations of the Department of State, including operations
pursuant to--
``(i) section 37; or
``(ii) the Omnibus Diplomatic Security and Antiterrorism
Act of 1986 (22 U.S.C. 4801 et seq.).
``(4) The terms `electronic communication', `intercept',
`oral communication', and `wire communication' have the
meanings given those terms in section 2510 of title 18,
United States Code.
``(5)(A) The term `personnel' means--
``(i) an officer, employee, or contractor of the Department
of State, who is authorized to perform duties that include
safety, security, or protection of people, facilities, or
assets; or
``(ii) an employee who is trained and certified to perform
those duties, including training specific to countering
unmanned aircraft threats and mitigating risks in the
national airspace.
``(B) To qualify for use of the authorities described in
subsection (b), a contractor conducting operations described
in that subsection must--
``(i) be directly contracted by the Department of State;
``(ii) provide, in the contract, insurance coverage
sufficient to compensate tort victims;
``(iii) operate at a government-owned or government-leased
facility or asset;
``(iv) not conduct inherently governmental functions;
``(v) be trained to safeguard privacy and civil liberties;
and
``(vi) be trained and certified, including use-of-force
training and certification, by the Department of State to
meet the established standards and regulations of the
Department of State.
``(6) The term `risk-based assessment' means an evaluation
of threat information specific to a covered facility or asset
and, with respect to potential impacts on the safety and
efficiency of the national airspace system and the needs of
law enforcement and national security at each covered
facility or asset identified by the Secretary of State, of
each of the following factors:
``(A) Potential impacts to safety, efficiency, and use of
the national airspace system, including potential effects on
manned aircraft and unmanned aircraft systems or unmanned
aircraft, aviation safety, airport operations,
infrastructure, and air navigation services relating to the
use of any system or technology for carrying out the actions
described in subsection (c).
``(B) Options for mitigating any identified impacts to the
national airspace system relating to the use of any system or
technology, including minimizing, when possible, the use of
any technology that disrupts the transmission of radio or
electronic signals, for carrying out the actions described in
subsection (c).
``(C) Potential consequences of the impacts of any actions
taken under subsection (c) to the national airspace system
and infrastructure if not mitigated.
``(D) The ability to provide reasonable advance notice to
aircraft operators consistent with the safety of the national
airspace system and the needs of law enforcement and national
security.
``(E) The setting and character of any covered facility or
asset, including--
``(i) whether the covered facility or asset is located in a
populated area or near other structures;
``(ii) whether the covered facility or asset is open to the
public;
``(iii) whether the covered facility or asset is used for
nongovernmental functions; and
``(iv) any potential for interference with wireless
communications or for injury or damage to persons or
property.
``(F) Potential consequences to national security, public
safety, or law enforcement if threats posed by unmanned
aircraft systems or unmanned aircraft are not mitigated or
defeated.
``(7) The terms `unmanned aircraft' and `unmanned aircraft
system' have the meanings given those terms in section 44801
of title 49, United States Code.
``(b) Authority of the Department of State.--
Notwithstanding section 46502 of title 49, United States
Code, or sections 32, 1030, 1367, and chapters 119 and 206 of
title 18, United States Code, the Secretary of State may
take, and may authorize personnel with assigned duties that
include the safety, security, or protection of people,
facilities, or assets to take, actions described in
subsection (c) that are necessary to detect, identify,
monitor, track, and mitigate a credible threat (as defined by
the Secretary of State, in consultation with the Secretary of
Transportation through the Administrator of the Federal
Aviation Administration) that an unmanned aircraft system or
unmanned aircraft poses to the safety or security of a
covered facility or asset.
``(c) Actions Described.--
``(1) In general.--The actions authorized by subsection (b)
are the following:
``(A) During the operation of the unmanned aircraft system
or unmanned aircraft, detect, identify, monitor, and track
the unmanned aircraft system or unmanned aircraft, without
prior consent, including by means of intercept or other
access of a wire communication, an oral communication, or an
electronic communication used to control the unmanned
aircraft system or unmanned aircraft.
``(B) Warn the operator of the unmanned aircraft system or
unmanned aircraft, including by passive or active, and direct
or indirect, physical, electronic, radio, and electromagnetic
means.
``(C) Disrupt control of the unmanned aircraft system or
unmanned aircraft, without prior consent of the operator of
the unmanned aircraft system or unmanned aircraft, including
by disabling the unmanned aircraft system or unmanned
aircraft by intercepting, interfering, or causing
interference with wire, oral, electronic, or radio
communications used to control the unmanned aircraft system
or unmanned aircraft.
``(D) Seize or exercise control of the unmanned aircraft
system or unmanned aircraft.
``(E) Seize or otherwise confiscate the unmanned aircraft
system or unmanned aircraft.

[[Page S5058]]

``(F) Use reasonable force, if necessary, to disable,
damage, or destroy the unmanned aircraft system or unmanned
aircraft.
``(2) Temporary flight restrictions.--A temporary flight
restriction shall be timely published prior to undertaking
any actions described in paragraph (1).
``(d) Research, Testing, Training, and Evaluation.--
``(1) Requirement.--
``(A) In general.--Notwithstanding section 46502 of title
49, United States Code, or any provision of title 18, United
States Code, the Secretary of State shall conduct research,
testing, training on, and evaluation of any equipment,
including any electronic equipment, to determine the
capability and utility of the equipment prior to the use of
the equipment in carrying out any action described in
subsection (c).
``(B) Coordination.--Personnel and contractors who do not
have duties that include the safety, security, or protection
of people, facilities, or assets may engage in research,
testing, training, and evaluation activities pursuant to
subparagraph (A).
``(2) Coordination for research, testing, training, and
evaluation.--The Secretary of State shall coordinate
procedures governing research, testing, training, and
evaluation to carry out any provision under this subsection
with the Administrator of the Federal Aviation Administration
before initiating such activity in order that the
Administrator of the Federal Aviation Administration may
ensure the activity does not adversely impact or interfere
with safe airport operations, navigation, air traffic
services, or the safe and efficient operation of the national
airspace system.
``(e) Forfeiture.--Any unmanned aircraft system or unmanned
aircraft that is seized by the Secretary of State pursuant to
subsection (b) is subject to forfeiture to the United States
pursuant to the provisions of chapter 46 of title 18, United
States Code.
``(f) Regulations and Guidance.--The Secretary of State,
and the Secretary of Transportation--
``(1) may prescribe regulations to carry out this section;
and
``(2) in developing regulations described in paragraph (1),
consult the Chair of the Federal Communications Commission,
the Administrator of the National Telecommunications and
Information Administration, and the Administrator of the
Federal Aviation Administration.
``(g) Coordination.--
``(1) In general.--The Secretary of State shall coordinate
with the Administrator of the Federal Aviation Administration
before carrying out any action authorized under this section
in order that the Administrator may ensure the action does
not adversely impact or interfere with--
``(A) safe airport operations;
``(B) navigation;
``(C) air traffic services; or
``(D) the safe and efficient operation of the national
airspace system.
``(2) Guidance.--Before issuing any guidance, or otherwise
implementing this section, the Secretary of State shall,
coordinate with--
``(A) the Secretary of Transportation in order that the
Secretary of Transportation may ensure the guidance or
implementation does not adversely impact or interfere with
any critical infrastructure relating to transportation; and
``(B) the Administrator of the Federal Aviation
Administration in order that the Administrator may ensure the
guidance or implementation does not adversely impact or
interfere with--
``(i) safe airport operations;
``(ii) navigation;
``(iii) air traffic services; or
``(iv) the safe and efficient operation of the national
airspace system.
``(3) Coordination with the faa.--The Secretary of State
shall coordinate the development of guidance under subsection
(f) with the Secretary of Transportation (through the
Administrator of the Federal Aviation Administration).
``(4) Coordination with the department of transportation
and national telecommunications and information
administration.--The Secretary of State shall coordinate the
development of the actions described in subsection (c) with
the Secretary of Transportation (through the Administrator of
the Federal Aviation Administration) and the Assistant
Secretary of Commerce for Communications and Information and
Administrator of the National Telecommunications and
Information Administration.
``(h) Privacy Protection.--
``(1) In general.--Any regulation or guidance issued to
carry out an action under subsection (c) by the Secretary of
State shall ensure for the Department of State, that--
``(A) the interception of, acquisition of, access to,
maintenance of, or use of any communication to or from an
unmanned aircraft system or unmanned aircraft under this
section is conducted in a manner consistent with the First
and Fourth Amendments to the Constitution of the United
States and any applicable provision of Federal law;
``(B) any communication to or from an unmanned aircraft
system or unmanned aircraft are intercepted or acquired only
to the extent necessary to support an action described in
subsection (c);
``(C) any record of a communication described in
subparagraph (B) is maintained only for as long as necessary,
and in no event for more than 180 days, unless the Secretary
of State determines that maintenance of the record is--
``(i) required under Federal law;
``(ii) necessary for the purpose of litigation; and
``(iii) necessary to investigate or prosecute a violation
of law, including by--

``(I) directly supporting an ongoing security operation; or
``(II) protecting against dangerous or unauthorized
activity by unmanned aircraft systems or unmanned aircraft;
and

``(D) a communication described in subparagraph (B) is not
disclosed to any person not employed or contracted by the
Department of State unless the disclosure--
``(i) is necessary to investigate or prosecute a violation
of law;
``(ii) will support--

``(I) the Department of Defense;
``(II) a Federal law enforcement, intelligence, or security
agency;
``(III) a State, local, Tribal, or territorial law
enforcement agency; or
``(IV) another relevant entity or person if the entity or
person is engaged in a security or protection operation;

``(iii) is necessary to support a department or agency
listed in clause (ii) in investigating or prosecuting a
violation of law;
``(iv) will support the enforcement activities of a Federal
regulatory agency relating to a criminal or civil
investigation of, or any regulatory, statutory, or other
enforcement action relating to, an action described in
subsection (c);
``(v) is between the Department of State and a Federal law
enforcement agency in the course of a security or protection
operation of either agency or a joint operation of such
agencies; or
``(vi) is otherwise required by law;
``(i) Budget.--
``(1) In general.--The Secretary of State shall submit to
Congress, as a part of the budget materials of the Department
of State for each fiscal year after fiscal year 2023, a
consolidated funding display that identifies the funding
source for the actions described in subsection (c) within the
Department of State.
``(2) Classification.--Each funding display submitted under
paragraph (1) shall be in unclassified form but may contain a
classified annex.
``(j) Public Disclosures.--
``(1) In general.--Information shall be governed by the
disclosure obligations set forth in section 552 of title 5,
United States Code (commonly known as the `Freedom of
Information Act'), if the information relates to--
``(A) any capability, limitation, or sensitive detail of
the operation of any technology used to carry out an action
described in subsection (c); or
``(B) an operational procedure or protocol used to carry
out this section.
``(2) Access.--Any request for public access to information
described in paragraph (1) shall be submitted to the
Department of State, which shall process the request as
required under section 552(a)(3) of title 5, United States
Code.
``(k) Assistance and Support.--
``(1) Facilities and services of other agencies and non-
federal entities.--
``(A) In general.--The Secretary of State is authorized to
use or accept from any other Federal agency, or any other
public or private entity, any supply or service to facilitate
or carry out any action described in subsection (c).
``(B) Reimbursement.--In accordance with subparagraph (A),
the Secretary of State may accept any supply or service with
or without reimbursement to the entity providing the supply
or service and notwithstanding any provision of law that
would prevent the use or acceptance of the supply or service.
``(C) Agreements.--To implement the requirements of
subsection (a)(3)(C), the Secretary of State may enter into 1
or more agreements with the head of another executive agency
or with an appropriate official of a non-Federal public or
private agency or entity, as may be necessary and proper to
carry out the responsibilities of the Secretary of State
under this section.
``(l) Semiannual Briefings and Notifications.--
``(1) In general.--On a semiannual basis beginning 180 days
after the date of the enactment of this section, the
Secretary of State shall provide a briefing to the
appropriate committees of Congress on the activities carried
out pursuant to this section.
``(2) Requirement.--The Secretary of State shall conduct
the briefing required under paragraph (1) jointly with the
Secretary of Transportation.
``(3) Content.--Each briefing required under paragraph (1)
shall include--
``(A) policies, programs, and procedures to mitigate or
eliminate impacts of activities carried out pursuant to this
section to the national airspace system and other critical
infrastructure relating to national transportation;
``(B) a description of--
``(i) each instance in which any action described in
subsection (c) has been taken, including any instances that
may have resulted in harm, damage, or loss to a person or to
private property;
``(ii) the guidance, policies, or procedures established by
the Secretary of State to address privacy, civil rights, and
civil liberties issues implicated by the actions permitted
under this section, as well as any changes or subsequent
efforts by the Secretary of State

[[Page S5059]]

that would significantly affect privacy, civil rights, or
civil liberties;
``(iii) options considered and steps taken by the Secretary
of State to mitigate any identified impacts to the national
airspace system relating to the use of any system or
technology, including the minimization of the use of any
technology that disrupts the transmission of radio or
electronic signals, for carrying out the actions described in
subsection (c); and
``(iv) each instance in which a communication intercepted
or acquired during the course of operations of an unmanned
aircraft system or unmanned aircraft was--

``(I) held in the possession of the Department of State for
more than 180 days; or
``(II) shared with any entity other than the Department of
State;

``(C) an explanation of how the Secretary of State and the
Secretary of Transportation have--
``(i) informed the public as to the possible use of
authorities granted under this section; and
``(ii) engaged with Federal, State, local, Tribal, and
territorial law enforcement agencies to implement and use
authorities granted under this section; and
``(D) a description of the impact of the authorities
granted under this section on--
``(i) lawful operator access to national airspace; and
``(ii) unmanned aircraft systems and unmanned aircraft
integration into the national airspace system.
``(4) Unclassified form.--Each briefing required under
paragraph (1) shall be in unclassified form but may be
accompanied by an additional classified briefing.
``(m) Rule of Construction.--Nothing in this section shall
be construed to--
``(1) vest in the Secretary of State any authority of the
Secretary of Transportation or the Administrator of the
Federal Aviation Administration;
``(2) vest in the Secretary of Transportation or the
Administrator of the Federal Aviation Administration any
authority of the Secretary of State; or
``(3) provide a new basis of liability with respect to an
officer of a State, local, Tribal, or territorial law
enforcement agency who participates in a security or
protection operation of the Department of State and in so
doing--
``(A) is acting in the official capacity of the individual
as an officer; and
``(B) does not exercise the authority granted to the
Secretary of State by this section.
``(n) Termination.--The authority provided by subsection
(b) shall terminate on the date that is 4 years after the
date of the enactment of this section.
``(o) Scope of Authority.--Nothing in this section shall be
construed to provide the Secretary of State with additional
authorities beyond those described in subsection (b).''.
______