LANDED Act

This Act may be cited as the Law Against Nefarious Drones, Enforcement, Deconfliction Act or the LANDED Act.

The table of contents of this Act is as follows:

Unless otherwise specified, the terms in section 44801 of title 49, United States Code, shall apply to this Act.

In this Act:

The term approved counter-UAS detection system means a system or device capable of lawfully and safely disabling disrupting or seizing control of an unmanned aircraft system.

The Term unmanned aircraft system means an unmanned aircraft and associated elements (including communications links and components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system.

The term threats posed by an unmanned aircraft system or unmanned aircraft system means an unauthorized activity of an unmanned aircraft or unmanned aircraft system that is reasonably believed to—

(A) create the potential for bodily harm to, or loss of human life of;

(C) poses a threat to law enforcement, public safety, and national security installations, and or critical infrastructure; or

(B) have the potential to cause severe economic damage.

Subject to the availability of appropriations for such purpose, the Secretary of Homeland Security, in coordination with the Attorney General and the Administrator of the Federal Aviation Administration, shall establish appropriate policies, procedures, and protocols necessary to allow the State law enforcement agency in each State (in coordination with the Secretary, Attorney General, and Administrator) to acquire, deploy, operate, and train with approved counter-UAS mitigation systems and mitigate unauthorized UAS operations.

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 State law enforcement agencies.

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 State 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 authority to respond to threats posed by an unmanned aircraft system or unmanned aircraft system;

(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; and

(6) the post-event reporting requirements specified in subsection (d)(3).

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, any State law enforcement agency which has been approved through the application process described in paragraph (b)(1) may authorize personnel with assigned duties that include the safety, security, or protection of people, facilities, or assets to take such actions as are described in subsection (g) that are necessary to detect, identify, monitor, track, or mitigate a credible threat posed by an unmanned aircraft or unmanned aircraft system.

In establishing minimum performance requirements under subsection 3 (a), the Administrator shall consider criteria, as determined by the Chair of 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.

The Secretary, the Attorney General, and the Administrator of the Federal Aviation Administration shall consult with the Chair of the Federal Communications Commission or the Administrator of the National Telecommunications and Information Administration as appropriate, to determine whether the use of counter-UAS detection or mitigation system, equipment, or technology approved for use by the Department of Homeland Security does not present an adverse impact on civilian telecommunications spectrum, internet or radio communication network or systems.

Any equipment authorized to be acquired under this act may be authorized by either the Secretary of Homeland Security or the Administrator of the Federal Aviation Administration.

The actions authorized in subsection (d) are the following:

(1) During the operation of the unmanned aircraft system or unmanned aircraft, detecting, identifying, monitoring, and tracking 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.

(2) 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.

(3) 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.

(4) Seize or exercise control of the unmanned aircraft system or unmanned aircraft.

(5) Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft.

(6) Use reasonable force, if necessary, to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft.

Until the date that is 180 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 law enforcement agency under this section.

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 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; and

(C) immediately notify the Administrator of the Federal Aviation Administration of the approval provided under this paragraph.

Not later than 24 hours after each mitigation of a UAS conducted under the authorities in this section, the relevant State 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.

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.

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 law enforcement agency to operate such approved counter-UAS mitigation system, equipment, or technology on behalf of the covered entity; and

(2) complied with the privacy protections under section 210G(e) of the Homeland Security Act of 2002 (6 U.S.C. 124n(e)).

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.

The Administrator of the Federal Aviation Administration, in coordination with the Secretary of Homeland Security and the Attorney General, shall make a location-specific determination for each applicable state law enforcement agency selected under the approval process established under this section to ensure that any potential use of counter-UAS mitigation systems, equipment, or technology will not interfere with or adversely impact the safe operation of the national airspace system, including any airport that is located within the state.

If an adverse impact is identified under paragraph (1) and cannot be safely mitigated to the satisfaction of the Administrator, the applicable state law enforcement is not eligible for to use counter-UAS systems within a range determined by the Federal Aviation Administrator of the site of interference.

Subject to the availability of appropriations for such purpose, not later than 180 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 Administrator of the Federal Aviation Administration, shall establish appropriate policies to ensure deconfliction between federal, state, or local agencies regarding drones flown by other federal, state, or local agencies.

In carrying out this section, the Secretary of Homeland Security, in coordination with the Administrator, shall establish a mandatory non-emergency reporting requirement mechanism for federal, state, and local law enforcement agencies.

The reporting requirement described in paragraph (1) shall contain—

(A) A database containing a drone which is currently being used in a non-emergency operation’s transponder ID and the date and time of its usage.

(B) A method for federal, state, and local law enforcement to check if a drone’s transponder is within the database and is currently in use.

Notwithstanding any other provision of this Act, the Secretary of Homeland Security may act rapidly to respond to a State request for assistance on a UAS mitigation situation in an emergency.

The Secretary of Homeland Security shall establish a process for rapid response described in subsection (a).

There is established in the Department a program to be known as the Counter-UAS Security Grant Program (in this section referred to as the Program). Under the Program, the Secretary, acting through the Administrator, shall make grants to eligible state law enforcement and emergency management agencies for the acquisition of counter-UAS equipment.

Eligible recipients are law enforcement agencies of States.

The recipient of a grant under this section may use such grant for any of the following uses—

(1) acquisition of approved counter-UAS systems;

(2) fees for training approved personnel; and

(3) any other appropriate activity, including administrative activities, as determined by the Administrator.

The Administrator shall make funds provided under this section available for use by a recipient of a grant for a period of not less than 24 months.

The Inspector General of the Department of Defense shall conduct a review of potential foreign adversary connected UAS Activity over critical military installations, vessels, aircraft, and the Homeland, and other matters.

Not later than 90 days after the enactment of this Act, the Inspector General shall submit to the relevant committees a report on—

(1) UAS activity over military installations in the United States and abroad,

(2) UAS activity in close proximity to sensitive national security installations,

(3) instances of UAS activity in the vicinity of U.S. military and law enforcement vessels and aircraft,

(4) instances of the executive branch not sharing UAP information with Congress when requested,

(5) the process for deploying counter-UAS systems to assist state and local law enforcement,

(6) instances where the Department of Defense deployed counter-UAS systems to assist state and local law enforcement, and

(7) an analysis of near-peer actors who posses the capabilities to conduct such activities.

In this section, the term relevant committees means—

(1) the Committees on Armed Services of the House of Representatives and the Senate;

(2) the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and the Government Affairs of the Senate;

(3) the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate;

(4) the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate;

(5) the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence in the Senate;

(6) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations in the Senate; and

(7) the Committee on Oversight and Accountability of the House of Representatives.

The reports required under subsections (b) shall be submitted in unclassified form, but may include a classified annex.