To modify the authority to protect certain facilities and assets of the United States from incursions.

SA 3759. Mr. COTTON (for himself, Mrs. Gillibrand, Mr. Banks, Mrs.
Blackburn, Mr. Blumenthal, Mr. Boozman, Mrs. Britt, Mr. Budd, Mrs.
Capito, Ms. Collins, Mr. Cornyn, Ms. Ernst, Ms. Hirono, Mr. Hoeven, Mr.
Justice, Mr. Kelly, Mr. Lankford, Ms. Lummis, Mr. McConnell, Mr. Moran,
Mr. Ricketts, Ms. Rosen, Mr. Schmitt, Mr. Scott of Florida, Mrs.
Shaheen, Mr. Sullivan, Mr. Tillis, Mr. Young, Mr. Mullin, Mr. Kaine,
Mr. Johnson, Ms. Slotkin, and Mr. Gallego) submitted an amendment
intended to be proposed by him to the bill S. 2296, to authorize
appropriations for fiscal year 2026 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 E of title III, add the following:

SEC. 350. MODIFICATION OF PROTECTION OF CERTAIN FACILITIES
AND ASSETS FROM INCURSIONS.

Section 130i of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``any provision of title 18'' and inserting
``sections 32, 1030, and 1367 and chapters 119 and 206 of
title 18''; and
(B) by striking ``officers and civilian employees'' and
inserting ``officers, civilian employees, and contractors'';
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``Detect'' and
inserting ``During the operation of the unmanned aircraft
system or unmanned aircraft, detect''; and
(B) in subparagraph (B), by inserting before the period at
the end the following: ``, including through the use of
remote identification broadcast or other means'';
(3) in subsection (c)--
(A) by striking ``Any unmanned'' and inserting ``(1) Any
unmanned''; and
(B) by adding at the end the following new paragraph:
``(2) Any forfeiture conducted under paragraph (1) shall be
made subject to the requirements for civil, criminal, or
administrative forfeiture, as the case may be, under
applicable law or regulation.'';
(4) in subsection (d), by adding at the end the following:
``(3)(A) The Secretary of Defense shall ensure that the
regulations prescribed or guidance issued under paragraph (1)
require that, when taking an action described in subsection
(a)(1), all due consideration is given to--
``(i) mitigating impacts on privacy and civil liberties
under the First and Fourth Amendments to the Constitution of
the United States;
``(ii) mitigating damage to, or loss of, real and personal
property;
``(iii) mitigating any risk of personal injury or death;
and
``(iv) when practicable, obtaining the identification of or
issuing a warning to the operator of an unmanned aircraft
system or unmanned aircraft prior to taking action under
subparagraphs (C) through (F) of subsection (b)(1), unless
doing so would--
``(I) endanger the safety of members of the armed forces or
civilians;
``(II) create a flight risk or result in the destruction of
evidence; or
``(III) seriously jeopardize an investigation, criminal
proceeding, or legal proceeding pursuant to subsection (c).
``(B) Nothing in this paragraph may be construed to limit
the inherent right to self defense of a member of the armed
forces.'';
(5) in subsection (e)--
(A) by striking paragraph (1) and inserting the following:
``(1) the interception, acquisition, maintenance, or use
of, or access to, 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) in paragraph (2), by striking ``a function of the
Department of Defense'' and inserting ``an action described
in subsection (b)(1)'';
(C) by striking paragraph (3) and inserting the following:
``(3) records of such communications are maintained only
for as long as necessary, and in no event for more than 180
days unless the Secretary of Defense determines that
maintenance of such records--
``(A) is necessary to investigate or prosecute a violation
of law or to directly support an ongoing security operation;
or
``(B) is required under Federal law or for the purpose of
any litigation;''; and
(D) in paragraph (4)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) is necessary to support an ongoing action described
in subsection (b)(1);'';
(ii) in subparagraph (B), by striking ``; or'' and
inserting a semicolon;
(iii) by redesignating subparagraph (C) as subparagraph
(D);
(iv) by inserting after subparagraph (B) the following new
subparagraph:
``(C) is necessary to support the counter unmanned aircraft
systems activities of another Federal agency with authority
to mitigate the threat of unmanned aircraft systems or
unmanned aircraft in mitigating such threats; or''; and
(v) in subparagraph (D), as redesignated by clause (iii),
by striking the period at the end and inserting ``; and'';
(6) by redesignating subsections (f), (g), (h), (i), and
(j) as subsections (g), (h), (j), (k), (l), respectively;
(7) by inserting after subsection (e) the following:
``(f) Claims.--Claims for loss of property, injury, or
death pursuant to actions under subsection (b) may be made
consistent with chapter 171 of title 28, and chapter 163 of
this title, as applicable.'';
(8) in subsection (h), as redesignated by paragraph (6), by
striking ``March 1, 2018'' and inserting ``March 1, 2026'';
(9) by inserting after subsection (h), as so redesignated,
the following:
``(i) Annual Report.--(1) Not later than 180 days after the
date of the enactment of this subsection, and annually
thereafter, the Secretary of Defense shall submit to the
appropriate congressional committees and publish on a
publicly available website a report summarizing all detection
and mitigation activities conducted under this section during
the previous year to counter unmanned aircraft systems.
``(2) Each report under paragraph (1) shall include--
``(A) information on any violation of, or failure to comply
with, this section by personnel authorized to conduct
detection and mitigation activities, including a description
of any such violation or failure;
``(B) 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;
``(C) whether any unmanned aircraft that experienced
mitigation was engaged in or attempting to engage in
activities protected under the First Amendment to the
Constitution of the United States;
``(D) whether any unmanned aircraft or unmanned aircraft
system was properly or improperly seized, disabled, damaged,
or destroyed and an identification of any methods used to
seize, disable, damage, or destroy such aircraft or system;
and
``(E) a description of the efforts of the Federal
Government to protect privacy and civil liberties when
carrying out detection and mitigation activities under this
section to counter unmanned aircraft systems.
``(3) Each report required under paragraph (1) shall be
submitted and published in unclassified form, but may include
a classified annex.''.
(10) by striking subsection (k), as so redesignated, and
inserting the following:
``(k) Sunset.--This section shall terminate on December 31,
2030.''; and
(11) in subsection (l), as so redesignated--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting ``the Committee on
Homeland Security and Governmental Affairs,'' after ``the
Committee on the Judiciary,''; and
(ii) in subparagraph (C), by inserting ``the Committee on
Homeland Security,'' after ``the Committee on the
Judiciary,''; and
(B) in paragraph (3)--
(i) in subparagraph (C), by redesignating clauses (i)
through (ix) as subclauses (I) through (IX), respectively,
and moving those subclauses, as so redesignated, two ems to
the right;
(ii) by redesignating subparagraphs (A) through (C) as
clauses (i), (ii), and (iii), respectively, and moving those
clauses, as so redesignated, two ems to the right; and
(iii) in the matter preceding clause (i), as redesignated
by clause (ii), by striking ``means any facility or asset
that--'' and inserting ``means--
``(A) any facility or asset that--'';
(iv) in clause (iii), as redesignated by clause (ii)--

(I) in subclause (VIII), as redesignated by clause (i), by
striking ``; or'' and inserting a semicolon;
(II) in subclause (IX), as so redesignated, by striking the
period at the end and inserting a semicolon; and
(III) by adding at the end the following new subclauses:

[[Page S6022]]

``(X) protection of the buildings, grounds, and property to
which the public are not permitted regular, unrestricted
access and that are under the jurisdiction, custody, or
control of the Department of Defense and the persons on that
property pursuant to section 2672 of this title;
``(XI) assistance to Federal, State, or local officials in
responding to incidents involving nuclear, radiological,
biological, or chemical weapons, high-yield explosives, or
related materials or technologies, as well as support
pursuant to section 282 of this title or the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq); or
``(XII) activities listed in section 2692(b) of this title;
or''; and

(v) by adding at the end the following:
``(B) any personnel associated with a facility or asset
specified under subparagraph (A) while engaged in direct
support of a mission of the Department of Defense specified
in clause (iii) of such subparagraph.''.
______