Seaport Security Act of 2026

(1) drone technology has the potential to revolutionize commerce, military operations, law enforcement, and numerous industries throughout the United States;

(2) drone technology also presents a significant potential danger to public safety and national security;

(3) drone technology is increasingly being deployed for criminal purposes, including drug trafficking, human trafficking, smuggling, and illegal reconnaissance;

(4) seaports in the United States are a potential target for unmanned aircraft and drones;

(5) a drone attack on a seaport would pose a serious threat to the national and economic security of the United States;

(6) there are over 300 seaports in the United States which collectively handle 2.6 billion tons of cargo and 26 million cruise ship passengers each year; and

(7) current Federal law does not provide sufficient protection for seaports from drone attacks.

Chapter 2 of title 18, United States Code, is amended—

(1) in section 31(b)—

(A) by striking and special and inserting special;

(B) by inserting unmanned aircraft, and unmanned aircraft system before have the meanings; and

(C) by inserting, 44801, before and 46501;

(2) in section 40A(c)—

(A) by striking paragraph (1); and

(B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and

(3) by adding at the end the following:

In this section:

The term Administrator means the Administrator of the Federal Aviation Administration.

The term covered airspace means—

(A) the airspace above a seaport extending from the surface up to 1,000 feet above ground level; and

(B) any additional lateral or vertical airspace designated by the Administrator, as necessary to protect maritime infrastructure at a seaport.

The term multi-day cruise passengers means individuals who embark on a cruise itinerary from a seaport lasting more than one calendar day requiring overnight accommodations aboard the vessel.

The term seaport means all piers, wharves, docks, and similar structures adjacent to any waters subject to the jurisdiction of the United States, to which a vessel may be secured, including areas of land, water, or land and water under and in immediate proximity to such structures, buildings on or contiguous to such structures, and the equipment and materials on such structures or in such buildings, and which handle at least one million tons of commercial or military cargo annually or routinely process multi-day cruise passengers.

Except as authorized under subsection (c), no person may operate an unmanned aircraft or unmanned aircraft system within covered airspace.

The prohibition in subsection (b) shall not apply to operations—

(1) conducted by the Department of Homeland Security, the Department of Defense, or any other Federal agency under statutory authority;

(2) conducted by State or local law enforcement with prior notification to the Federal Aviation Administration and the Coast Guard;

(3) conducted by a seaport, or a contracted entity, for operational, safety, or security purposes with notice to the Federal Aviation Administration and the Coast Guard;

(4) authorized under a waiver issued by the Administrator; or

(5) necessary to respond to an emergency involving an immediate threat to human life or property, provided that the operator notifies the Federal Aviation Administration and the Coast Guard as soon as practicable.

No person may operate an unmanned aircraft or unmanned aircraft system in a manner that interferes with, interrupts, or degrades the security, operations, communications, or navigational systems of a seaport, regardless of altitude.

The Federal Aviation Administration and seaports are authorized to detect, mitigate, seize, and disable any unmanned aircraft operating in covered airspace (other than unmanned aircraft operating in accordance with subsection (c)).

A person who violates this section shall be subject to a civil penalty not to exceed $25,000 per violation, and the unmanned aircraft involved may be seized or forfeited.

A person who willfully violates subsection (b) or (d)—

(1) shall be subject to a fine under this title, imprisoned for not more than 2 years, or both; and

(2) if the violation is committed with the intent to surveil, damage, disrupt, or facilitate criminal or terrorist activity, shall be subject to a fine under this title, imprisoned for not more than 10 years, or both.

Not later than 180 days after the date of enactment of this Act, the Administrator shall issue regulations to implement this section, including designation of covered airspaces and appropriate notification procedures.

The table of sections for chapter 2 of title 18, United States Code, is amended by adding at the end the following: