HR 5366 — Safeguarding America's Skies Act of 2018

Summary

Safeguarding America's Skies Act of 2018 This bill amends the federal criminal code to authorize the Department of Homeland Security and the Department of Justice to detect, track, redirect, and disrupt an unauthorized unmanned aircraft to mitigate a safety or security threat to a facility or asset in the United States related to federal property, authorized protective operations, critical infrastructure, or other efforts.

Bill Text

• Introduced Introduced in House Current html March 21, 2018

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill introduces new provisions regarding the interdiction of unmanned aircraft in Title 18 of the U.S. Code.

• 18 U.S.C. § 28

  SEC. 28. AUTHORIZED ACTIONS REGARDING INTERDICTION OF UNMANNED AIRCRAFT.

  This new section establishes authorized actions for the interdicting of unmanned aircraft.

• 18 U.S.C. § 28(a)

  (a) In General.--Notwithstanding any other provision of this title, except as described in paragraph (1), the Secretary of Homeland Security and the Attorney General may, for their respective departments, authorize officers, employees, and contractors of the department assigned with duties that include safety, security, or protection of personnel, facilities, or assets of the department, to take such actions described in subsection (b) that are necessary to mitigate the threat (as defined by the Secretary of Homeland Security and the Attorney General, in consultation with the Secretary of Transportation) that an unauthorized UAV poses to the safety or security of a covered facility or asset.

  This provision grants specific authorities to the Secretary of Homeland Security and the Attorney General to manage threats from unauthorized unmanned aircraft.

• 18 U.S.C. § 28(b)(1)(A)

  (A) Detect, identify, monitor, and track, without prior consent, a UAV, including by means of interception of or other access to wire, oral, electronic, or radio communications or signals transmitted to or by the UAV, to evaluate whether the UAV poses a reasonable threat to the safety or security of a covered facility or asset.

  This allows for the detection and identification of UAVs without prior consent by intercepting their communications.

• 18 U.S.C. § 28(b)(1)(C)

  (C) Redirect, alter control, disable, disrupt, seize, or confiscate, without prior consent, a UAV that poses a reasonable threat as determined under subsection (a), including by intercepting, substituting, or disrupting wire, oral, electronic, or radio communications or signals transmitted to or by UAV.

  This empowers officials to take substantial action against UAVs deemed a threat, including seizure and disruption.

• 18 U.S.C. § 28(b)(1)(D)

  (D) Use reasonable force to disable, disrupt, damage, or destroy a small unmanned aircraft, unmanned aircraft system, unmanned aircraft, or unmanned aircraft's attached system, payload, or cargo that poses a reasonable threat to the safety or security of a covered facility or asset.

  This provision permits the use of reasonable force to neutralize threatening unmanned aircraft.

• 18 U.S.C. § 28(d)

  (d) Exemption From Disclosure.--Information pertaining to the technology, procedures, and protocols used to carry out this section, including any regulations or guidance issued to carry out this section, shall be exempt from disclosure under section 552(b)(3) of title 5 and exempt from disclosure under State and local law requiring the disclosure of information.

  This provides a confidentiality provision for operational details related to UAV interdiction.

• 18 U.S.C. § 28(f)

  (f) Scope of Authority.--Nothing in this section shall be construed to provide the Secretary of Homeland Security or the Attorney General additional authorities beyond those described in (b)(1) without authorization by law.

  This clarifies that the new authorities do not extend beyond the described powers without further legal authorization.

• 18 U.S.C. § 28(g)

  (g) Report to Congress.--The Attorney General and Secretary of Homeland Security, shall each submit to Congress, not later than one year after enactment, and each year thereafter, a report that shall include, at minimum--

  This requires annual reporting to Congress on the actions taken and implications of the UAV interdiction authorities.

Action History

1. April 30, 2018

   Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

2. April 10, 2018

   Referred to the Subcommittee on Oversight and Management Efficiency.

3. March 22, 2018

   Referred to the Subcommittee on Highways and Transit.

4. March 21, 2018

   Introduced in House

5. March 21, 2018

   Introduced in House

6. March 21, 2018

   Referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

7. March 21, 2018

   Referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

8. March 21, 2018

   Referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Sponsors

• Vicky Hartzler · Primary
• Austin Scott · Cosponsor
• Colleen Hanabusa · Cosponsor

Subjects