10 U.S.C. § 130i: Protection of certain facilities and assets from unmanned aircraft

Notwithstanding section 46502 of title 49 , or section 32, 1030, or 1367 or chapter 119 or 206 of title 18, the Secretary of Defense may take, and may authorize members of the armed forces and officers, civilian employees, and contractors of the Department of Defense with assigned duties that include safety, security, or protection of personnel, facilities, or assets, to take, such actions described in subsection (b)(1) that are necessary to mitigate the threat (as defined by the Secretary of Defense, 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. 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. 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, including through the use of remote identification broadcast or other means. 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. Seize or exercise control of the unmanned aircraft system or unmanned aircraft. Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft. Use reasonable force to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft. The Secretary of Defense shall develop the actions described in paragraph (1) in coordination with the Secretary of Transportation. Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by the Secretary of Defense is subject to forfeiture to the United States. Any forfeiture conducted under paragraph (1) shall be made subject to the requirements for civil, criminal, or administrative forfeiture. The Secretary of Defense and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of each Secretary to carry out this section. The Secretary of Defense and the Secretary of Transportation shall coordinate in the development of guidance under paragraph (1). The Secretary of Defense shall coordinate with the Secretary of Transportation and the Administrator of the Federal Aviation Administration before issuing any guidance or otherwise implementing this section if such guidance or implementation might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of airspace. If the Secretary of Transportation notifies the Secretary of Defense that the manner of implementation of this section by the Department of Defense would result in an adverse impact to civil aviation safety, the Secretary of Defense shall consult with the Secretary of Transportation to mitigate adverse impacts. mitigating impacts on privacy and civil liberties under the first and fourth amendments to the Constitution of the United States; mitigating damage to, or loss of, real and personal property; mitigating any risk of personal injury or death; and endanger the safety of members of the armed forces or civilians; create a flight risk or result in the destruction of evidence; or seriously jeopardize an investigation, criminal proceeding, or legal proceeding pursuant to subsection (c). 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 and applicable provisions of Federal law; communications to or from an unmanned aircraft system are intercepted, acquired, or accessed only to the extent necessary to support an action described in subsection (b)(1); is necessary to investigate or prosecute a violation of law or to directly support an ongoing security operation; or is required under Federal law or for the purpose of any litigation; and is necessary to support an ongoing action described in subsection (b)(1); would support a civilian law enforcement agency or the enforcement activities of a regulatory agency of the Federal Government in connection with a criminal or civil investigation of, or any regulatory action with regard to, an action described in subsection (b)(1); 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 is otherwise required by law or regulation. 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. The Secretary of Defense shall submit to Congress, as a part of the defense budget materials for each fiscal year after fiscal year 2018, a consolidated funding display that identifies the funding source for the actions described in subsection (b)(1) within the Department of Defense. The funding display shall be in unclassified form, but may contain a classified annex. On a semiannual basis during the five-year period beginning March 1, 2026 , 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. policies, programs, and procedures to mitigate or eliminate impacts of such activities to the National Airspace System; a description of instances where actions described in subsection (b)(1) have been taken; how the Secretaries have informed the public as to the possible use of authorities under this section; and how the Secretaries have engaged with Federal, State, and local law enforcement agencies to implement and use such authorities. Each briefing under paragraph (1) shall be in unclassified form, and shall be accompanied by an additional classified briefing. 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. information on any violation of, or failure to comply with, the privacy and civil liberties protections referenced in this section by personnel authorized to conduct detection and mitigation activities, including a description of any such violation or failure; 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; whether any unmanned aircraft that experienced mitigation was engaged in or attempting to engage in activities protected under the first amendment to the Constitution if such intent is readily and reasonably ascertainable; 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 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. Each report required under paragraph (1) shall be submitted and published in unclassified form, but may include a classified annex. vest in the Secretary of Defense any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration under title 49; and vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary of Defense under this title. The Secretary of Defense, the Attorney General, and the Administrator of the Federal Aviation Administration shall jointly establish by memorandum of understanding an interagency executive committee (referred to in this subsection as the “executive committee”), for the purpose of exchanging views, information, and advice relating to the execution of this section. a description of the officials and other individuals to be invited to participate as members in the executive committee; a procedure for creating a forum to carry out the purpose described in paragraph (1); a procedure for rotating the Chairperson and meeting location of the executive committee; and a procedure for scheduling regular meetings of the executive committee no fewer than three times each calendar year. a summary of the use of activities described in subsection (b); an identification of additional missions of the Department of Defense for which the actions described in subsection (b)(1) are appropriate, as identified by the Secretary and including the specific list of facilities, installations, or assets, if any, that would be included if protections described in subsection (b)(1) were extended to facilities associated with the missions in such report; an updated copy of the memorandum of understanding required by subsection (k); a summary of actions taken by the interagency executive committee required by subsection (k); a summary of recommendations produced by each member of the interagency executive committee required by subsection (k), disaggregated by department or agency; and a summary of actions taken as a result of meetings or decisions taken by the interagency executive committee required by subsection (k) to change procedures, regulations, guidelines, or other governing instruction of the Department of Defense relating to the use of authority provided by this section. the congressional defense committees; the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Commerce, Science, and Transportation of the Senate; and the Permanent Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Transportation and Infrastructure of the House of Representatives. 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 . performs functions that support or carry out actions authorized in this section pursuant to a contract or subcontract entered into with an entity of the Department of Defense; and has completed training for the counter-unmanned aircraft system the person will use in performance of such functions, as certified by the Secretary of Defense. is identified by the Secretary of Defense, in consultation with the Secretary of Transportation with respect to potentially impacted airspace, through a risk-based assessment for purposes of this section; is located in the United States (including the territories and possessions of the United States); and nuclear deterrence, including with respect to nuclear command and control, integrated tactical warning and attack assessment, and continuity of government; missile defense; national security space; assistance in protecting the President or the Vice President (or other officer immediately next in order of succession to the office of the President) pursuant to the Presidential Protection Assistance Act of 1976 ( 18 U.S.C. 3056 note); air defense of the United States, including air sovereignty, ground-based air defense, and the National Capital Region integrated air defense system; combat support agencies (as defined in paragraphs (1) through (4) of section 193(f) of this title ); special operations activities specified in paragraphs (1) through (9) of section 167(k) of this title ; production, storage, transportation, or decommissioning of high-yield explosive munitions, by the Department; a Major Range and Test Facility Base (as defined in section 4173 of this title ); the physical security of other installations or property owned, leased, or operated by the Department of Defense to which the public is not permitted regular, unrestricted access, determined by the Secretary on a site by site basis to be critical to the national defense and certified as such to the Secretary of Transportation, the Attorney General, and the appropriate congressional committees; or 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 ; and includes any persons physically present at any such facility or asset. The term “defense budget materials”, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year. The terms “electronic communication”, “intercept”, “oral communication”, and “wire communication” have the meanings given those terms in section 2510 of title 18 . The terms “unmanned aircraft” and “unmanned aircraft system” have the meanings given those terms in section 44801 of title 49 . The authority to carry out this section shall terminate on December 31, 2030 . improve base defense against small unmanned aircraft systems (in this section referred to as ‘sUAS’); inform the development of counter-unmanned aircraft system capabilities that are suitable for use inside the United States and in the National Airspace System; and enhance cooperation with law enforcement, State and local partners, and other Federal departments and agencies to counter domestic threats. access advanced civilian airspace sensor networks; leverage public-private partnerships that enable multi-use of airspace awareness capabilities for public safety, defense of critical infrastructure to include Department of Defense installations, and protection of civil aviation; and minimize the potential for negatively affecting civil aircraft operations in the National Airspace System. to provide the Air Force with access to air space awareness data derived from civilian airspace sensor networks to increase the situational awareness of Air Force bases; to determine any authority, capability, and capacity barriers to enhancing cooperation between the Air Force, civilian partners, and other Federal, State, and local government entities to extend the over-the-horizon identification of potential sUAS threats beyond the current range of existing domestic base defense systems; and to improve the data-sharing frameworks for airspace data between the Air Force and various stakeholders for the purpose of base defense. leveraging commercial or Government off-the-shelf detect-track-defeat systems; integrating and using civilian airspace awareness data to serve as an early warning capability specifically to help identify and monitor non-compliant sUAS; and informing appropriate communication mechanisms between military installations and local law enforcement agencies to report and track non-compliant air vehicles, deter incursions, and foster potential prosecution. the manner in which the program was conducted at such installation; and any results achieved under the program at such installation. The authority to carry out a pilot program under this section shall terminate on the date that is five years after the date of the enactment of this Act. determines that administrative, legal, performance, or other factors indicate the program will not be successful; and submits to the appropriate congressional committees notice in writing of such determination. the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate.” any administrative action required for the effective use of the authorities under section 130i of title 10 , United States Code, for the protection of the covered facility or asset not contingent upon action by another Federal department or agency has been completed, including the establishment of appropriate policies for the training of relevant personnel upon the deployment of new counter-UAS systems, annual training, and training for newly assigned personnel; any such training required for the safe or effective use of counter-UAS systems for such protection has been completed; and planning to deploy and sustain systems similar to those procured pursuant to the pilot program under subsection (b) in a manner appropriate for the covered facility or asset has commenced. The Secretary, acting through the Joint Interagency Task Force 401 established under section 199 of title 10 , United States Code, as added by section 912, and in coordination with the Administrator as required by section 130i of title 10 , United States Code, shall carry out a pilot program for the deployment of covered counter-UAS systems to expeditiously demonstrate enhanced protective capabilities for certain covered facilities or assets (in this subsection, referred to as the ‘pilot program’). not later than 180 days after the date of the enactment of this Act, select and procure covered counter-UAS systems for deployment for the protection of at least four covered facilities or assets identified for purposes of the pilot program; not later than 240 days after the date of the enactment of this Act submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on any delays caused by interagency coordination requirements, particularly delays related to site surveys by other agencies; and not later than one year after the date of the enactment of this Act, ensure such covered counter-UAS systems are so deployed with respect to each such identified covered facility or asset. The Secretary shall carry out this section consistent with the requirements of section 130i of title 10 , United States Code. Not later than 60 days after the date of the enactment of this Act, and every 60 days thereafter until the date on which each requirement under this section is complete, the Secretary, in consultation with the Administrator, shall provide to the congressional defense committees and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the implementation of this section. The term ‘Administrator’ means the Administrator of the Federal Aviation Administration. The terms ‘counter-UAS system’ and ‘small unmanned aircraft’ have the meanings given those terms in section 44801 of title 49 , United States Code. is capable of destroying or disabling a small unmanned aircraft by means of high-powered microwave, laser, or other similar technology; and may be integrated with appropriate sensing and command-and-control systems. The term ‘covered facility or asset’ means a facility or asset with respect to which there is authority to carry out section 130i of title 10 , United States Code, for the protection of the facility or asset. The term ‘unmanned aircraft’ has the meaning given such term in section 130i(j) of title 10 , United States Code [now 10 U.S.C. 130i(m) ].” Not later than June 30, 2027 , the Director of the Joint Interagency Task Force 401 shall establish and maintain a threat library, or expand and maintain an existing threat library, to coordinate efforts across the Department of Defense to counter unmanned aircraft systems. classified and unclassified information relating to known or suspected threats from unmanned aircraft systems; proposed solutions for countering such known threats; and a comprehensive listing of global incursions from unmanned aircraft systems at installations of the Department of Defense. The Director of the Joint Interagency Task Force 401 shall establish a framework to share the information contained in the threat library required under subsection (a) with the military departments, the combatant commands, other Federal agencies, and relevant industries, as determined by the Director, in order to maintain technological superiority in aerial defense.” Not later than 30 days after the date of the enactment of this Act [ Dec. 23, 2024 ], the Secretary of Defense shall establish, or designate from existing organizations and personnel of the Department of Defense, a counter unmanned aerial systems task force, to be known as the ‘C-UAS Task Force’. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, acting through the C-UAS Task Force, shall review and, if necessary, consolidate and update all Department of Defense memoranda and directives related to the countering of unmanned aircraft systems in United States airspace to provide clarity to and an expedited decision-making process for commanders with respect to effectively countering unmanned aircraft systems or unmanned aircraft incursions at military installations in the United States. The Counter-Small Unmanned Aircraft Systems Strategy of the Department of Defense, dated January 7, 2021 . The Deputy Secretary of Defense Memorandum entitled ‘Risk-based Assessment in Support of Counter-Unmanned Aircraft Activities to Protect DOD Facilities and Assets’ and dated May 7, 2020 . Deputy Secretary of Defense Policy Memorandum 16–003, entitled ‘Interim Guidance for Countering Unmanned Aircraft’ and dated August 18, 2016 . Deputy Secretary of Defense Policy Memorandum 17–00X, entitled ‘Supplemental Guidance for Countering Unmanned Aircraft’ and dated July 5, 2017 . Chairman of the Joint Chiefs of Staff Notice 3124, entitled ‘Interim Guidance for Countering Unmanned Aircraft’ and dated February 8, 2017 . Other related general administrative notices of the Joint Staff. Any other associated memoranda or directives of the Department of Defense relating to unmanned aircraft systems, as the Secretary of Defense and the Chairman of the Joint Chiefs of Staff determine necessary. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall issue new memoranda, directives, and guidance related to authorities to counter unmanned aircraft systems. The Secretary of Defense shall ensure that memoranda, directives, and guidance issued under paragraph (1), and any subsequent memoranda, directives and guidance, are included in pre-briefings for any officers that assume command of a military installation in the United States on or after July 1, 2025 . Not later than 60 days after the issuance of the memoranda, directives, and guidance required by paragraph (1), each commander of a military installation shall issue operating procedures specific to their military installation for countering unmanned aircraft systems at the installation. If there is a change of command of a military installation during the 60-day period described in subparagraph (A), the incoming commander of the installation shall issue operating procedures specific to their military installation required by that subparagraph not later than 60 days after receiving the pre-briefing described in paragraph (2). a description of any training that is commonly provided to members of the Armed Forces on countering threats posed by unmanned aircraft systems; and a summary of the training curriculum that is provided for installation commanders and deployed forces to counter unmanned aircraft systems.” an assessment of the threats posed by unmanned aerial system swarms and unmanned aerial systems with swarm capabilities to installations and deployed Armed Forces; an analysis of the use or potential use of unmanned aerial system swarms by adversaries, including the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of North Korea, and non-state actors; an analysis of the national security implications of swarming technologies such as autonomous intelligence and machine learning; a review of the capabilities used by the Department of Defense to counter threats posed by unmanned aerial systems and an assessment of the effectiveness of such capabilities at countering the threat of unmanned aerial system swarms; and an overview of the efforts of the Department of Defense to develop and field test technologies that offer scalable, modular, and rapidly deployable capabilities with the ability to counter unmanned aerial system swarms. The Secretary of Defense shall develop and implement a strategy to field capabilities to counter threats posed by unmanned aerial system swarms. The development of a comprehensive definition of ‘unmanned aerial system swarm’. A plan to establish and incorporate requirements for the development, testing, and fielding of technologies and capabilities to counter unmanned aerial system swarms. A plan to acquire and field adequate capabilities to counter unmanned aerial system swarms in defense of the Armed Forces, infrastructure, and other assets of the United States across land, air, and maritime domains. An estimate of the resources needed by each Armed Force to implement the strategy. An analysis, determination, and prioritization of legislative action required to ensure the Department of Defense has the ability to counter the threats posed by unmanned aerial system swarms. Such other matters as the Secretary determines to be relevant to the strategy. The Secretary of Defense may incorporate the strategy required by paragraph (1) into a comprehensive strategy of the Department of Defense to counter the threat of unmanned aerial systems. the findings of the Secretary under subsection (a); and the strategy developed and implemented by the Secretary under subsection (b).”