S.Amdt. 3236

SA 3236. Mrs. GILLIBRAND submitted an amendment intended to be
proposed by her 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 appropriate place in title X, insert the following:

SEC. ___. PROTECTION OF CENTRAL INTELLIGENCE AGENCY
FACILITIES AND ASSETS FROM UNMANNED AIRCRAFT.

The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501
et seq.) is amended by inserting after section 15 the
following new section (and conforming the table of contents
at the beginning of such Act accordingly):

``SEC. 15A. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM
UNMANNED AIRCRAFT.

``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the congressional intelligence committees;
``(B) the Committee on the Judiciary, the Committee on
Commerce, Science, and Transportation, the Committee on
Homeland Security and Governmental Affairs, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate; and
``(C) the Committee on the Judiciary, the Committee on
Transportation and Infrastructure, the Committee on Homeland
Security, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
``(2) Budget.--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) Congressional intelligence committees.--The term
`congressional intelligence

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committees' has the meaning given such term in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).
``(4) Covered facility or asset.--The term `covered
facility or asset' means--
``(A) the headquarters compound of the Agency; and
``(B) property controlled and occupied by the Federal
Highway Administration, located immediately adjacent to the
headquarters compound of the Agency.
``(5) Electronic communication.--The term `electronic
communication' has the meaning given such term in section
2510 of title 18, United States Code.
``(6) Intercept.--The term `intercept' has the meaning
given such term in section 2510 of title 18, United States
Code.
``(7) Oral communication.--The term `oral communication'
has the meaning given such term in section 2510 of title 18,
United States Code.
``(8) Radio communication.--The term `radio communication'
has the meaning given that term in section 3 of the
Communications Act of 1934 (47 U.S.C. 153).
``(9) United states.--The term `United States' has the
meaning given that term in section 5 of title 18, United
States Code.
``(10) Unmanned aircraft; unmanned aircraft system.--The
terms `unmanned aircraft' and `unmanned aircraft system' have
the meanings given those terms in section 44801 of title 49,
United States Code.
``(11) Wire communication.--The term `wire communication'
has the meaning given such term in section 2510 of title 18,
United States Code.
``(b) Authority.--Notwithstanding 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, the
Director may take, and may authorize Agency personnel with
assigned duties that include the security or protection of
people, facilities, or assets within the United States to
take--
``(1) such actions described in subsection (c)(1) that are
necessary to mitigate a credible threat (as defined by the
Director, in consultation with the Secretary of
Transportation) that an unmanned aircraft system or unmanned
aircraft poses to the safety or security of a covered
facility or asset; and
``(2) such actions described in subsection (c)(3).
``(c) Actions.--
``(1) Actions described.--The actions described in this
paragraph are the following:
``(A) During the operation of the unmanned aircraft system,
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 by
direct or indirect physical, electronic, radio, or
electromagnetic means.
``(C) Disrupt control of the unmanned aircraft system or
unmanned aircraft, without prior consent, 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 over the unmanned aircraft
system or unmanned aircraft.
``(E) Seize or otherwise confiscate the unmanned aircraft
system or unmanned aircraft.
``(F) Use reasonable force, if necessary, to seize or
otherwise disable, damage, or destroy the unmanned aircraft
system or unmanned aircraft.
``(2) Coordination.--The Director shall develop the actions
described in paragraph (1) in coordination with the Secretary
of Transportation.
``(3) Research, testing, training, and evaluation.--
``(A) In general.--The Director 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 for any action described in paragraph (1).
``(B) Personnel.--Personnel and contractors who do not have
assigned duties that include the security or protection of
people, facilities, or assets may engage in research,
testing, training, and evaluation activities pursuant to
subparagraph (A).
``(4) FAA coordination.--The Director shall coordinate with
the Administrator of the Federal Aviation Administration on
any action described in paragraph (1) or (3) so the
Administrator may ensure that unmanned aircraft system
detection and mitigation systems do not adversely affect or
interfere with safe airport operations, navigation, air
traffic services, or the safe and efficient operation of the
National Airspace System.
``(d) Forfeiture.--Any unmanned aircraft system or unmanned
aircraft that is seized pursuant to subsection (b) as
described in subsection (c)(1) is subject to forfeiture to
the United States.
``(e) Regulations and Guidance.--
``(1) Issuance.--The Director and the Secretary of
Transportation may each prescribe regulations, and shall each
issue guidance, to carry out this section.
``(2) Coordination.--
``(A) Requirement.--The Director shall coordinate the
development of guidance under paragraph (1) with the
Secretary of Transportation.
``(B) Aviation safety.--The Director shall coordinate with
the Secretary of Transportation and the Administrator of the
Federal Aviation Administration before issuing any guidance,
or otherwise implementing this section, so the Administrator
may ensure that unmanned aircraft system detection and
mitigation systems do not adversely affect or interfere with
safe airport operations, navigation, air traffic services, or
the safe and efficient operation of the National Airspace
System.
``(f) Privacy Protection.--The regulations prescribed or
guidance issued under subsection (e) shall ensure that--
``(1) the interception or acquisition of, or access to, or
maintenance or use of, communications 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
applicable provisions of Federal law;
``(2) communications 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);
``(3) records of such communications are maintained only
for as long as necessary, and in no event for more than 180
days, unless the Director determines that maintenance of such
records for a longer period is necessary for the
investigation or prosecution of a violation of law, to
fulfill a duty, responsibility, or function of the Agency, is
required under Federal law, or for the purpose of any
litigation; and
``(4) such communications are not disclosed outside the
Agency unless the disclosure--
``(A) is necessary to investigate or prosecute a violation
of law;
``(B) would support the Agency, the Department of Defense,
a Federal law enforcement, intelligence, or security agency,
a State, local, Tribal, or territorial law enforcement
agency, or other relevant person or entity if such entity or
person is engaged in a security or protection operation;
``(C) is necessary to support a department or agency listed
in subparagraph (B) in investigating or prosecuting a
violation of law;
``(D) would support 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 (b);
``(E) is necessary to protect against dangerous or
unauthorized activity by unmanned aircraft systems or
unmanned aircraft;
``(F) is necessary to fulfill a duty, responsibility, or
function of the Agency; or
``(G) is otherwise required by law.
``(g) Budget.--
``(1) In general.--The Director shall submit to the
congressional intelligence committees, the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and
the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, as a part of
the budget request of the Agency for each fiscal year after
fiscal year 2025, a consolidated funding display that
identifies the funding source for the actions described in
subsection (c)(1) within the Agency.
``(2) Form.--Each funding display submitted pursuant to
paragraph (1) shall be in unclassified form, but may contain
a classified annex.
``(h) Semiannual Briefings and Notifications.--
``(1) Briefings.--Not later than 180 days after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2025 and semiannually thereafter, the Director
shall provide the appropriate committees of Congress a
briefing on the activities carried out pursuant to this
section during the period covered by the briefing.
``(2) Requirement.--Each briefing under paragraph (1) shall
be conducted jointly with the Secretary of Transportation.
``(3) Contents.--Each briefing under paragraph (1) shall
include, for the period covered by the briefing, the
following:
``(A) Policies, programs, and procedures to mitigate or
eliminate the effects of the activities described in
paragraph (1) to the National Airspace System and other
critical national transportation infrastructure.
``(B) A description of instances in which actions described
in subsection (c)(1) have been taken, including all such
instances that may have resulted in harm, damage, or loss to
a person or to private property.
``(C) A description of the guidance, policies, or
procedures established to address privacy, civil rights, and
civil liberties issues affected by the actions allowed under
this section, as well as any changes or subsequent efforts
that would significantly affect privacy, civil rights, or
civil liberties.
``(D) A description of options considered and steps taken
to mitigate any identified effects on 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)(1).
``(E) A description of instances in which communications
intercepted or acquired during the course of operations of an
unmanned aircraft system or unmanned aircraft were

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maintained for more than 180 days or disclosed outside the
Agency.
``(F) How the Director and the Secretary of Transportation
have informed the public as to the possible use of
authorities under this section.
``(G) How the Director and the Secretary of Transportation
have engaged with Federal, State, local, territorial, or
Tribal law enforcement agencies to implement and use such
authorities.
``(H) An assessment of whether any gaps or insufficiencies
remain in statutes, regulations, and policies that impede the
ability of the Agency to counter the threat posed by the
malicious use of unmanned aircraft systems and unmanned
aircraft and any recommendations to remedy such gaps or
insufficiencies.
``(4) Form.--Each briefing under paragraph (1) shall be in
unclassified form, but may be accompanied by an additional
classified report.
``(5) Notification.--
``(A) In general.--Within 30 days of deploying any new
technology to carry out the actions described in subsection
(c)(1), the Director shall submit to the congressional
intelligence committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives a notification of the deployment
of such technology.
``(B) Contents.--Each notification submitted pursuant to
subparagraph (A) shall include a description of options
considered to mitigate any identified effects on 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)(1).
``(i) Rule of Construction.--Nothing in this section may be
construed--
``(1) to vest in the Director any authority of the
Secretary of Transportation or the Administrator of the
Federal Aviation Administration; or
``(2) to vest in the Secretary of Transportation or the
Administrator of the Federal Aviation Administration any
authority of the Director.
``(j) Termination.--The authority to carry out this section
with respect to the actions specified in subparagraphs (B)
through (F) of subsection (c)(1), shall terminate on the date
set forth in section 210G(i) of the Homeland Security Act of
2002 (6 U.S.C. 124n(i)).
``(k) Scope of Authority.--Nothing in this section shall be
construed to provide the Director or the Secretary of
Transportation with additional authorities beyond those
described in subsections (b) and (d).''.

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