§2661 — Title 50 War and National Defense | U.S. Code

Summary

The Secretary of Energy may take certain actions, even if other laws in Title 18 would normally limit them, to stop a drone or drone system that the Secretary (working with the Secretary of Transportation) says is a threat to the safety or security of a covered nuclear facility or asset. The allowed actions include detecting, identifying, watching, and tracking the drone (including intercepting or accessing the communications that control it) without prior permission; warning the drone operator by various means; disrupting or interfering with the drone’s control signals without prior permission; seizing or taking control of the drone; confiscating it; and using reasonable force to disable, damage, or destroy it. The Secretary of Energy must coordinate these actions with the Secretary of Transportation. Any seized drone can be forfeited to the United States. The Energy and Transportation Departments must issue rules and guidance to carry out these powers. A "covered facility or asset" means a facility the Secretary of Energy names, located in the United States (including territories), and owned or contracted by the United States to store or use special nuclear material. The words “unmanned aircraft” and “unmanned aircraft system” use the meanings from section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 40101).

Title 50, §2661

War and National Defense — Source: USLM XML via OLRC

(a)Notwithstanding any provision of title 18, the Secretary of Energy may take such actions described in subsection (b)(1) that are necessary to mitigate the threat (as defined by the Secretary of Energy, 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.

(b)(1)The actions described in this paragraph are the following:

(A)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, oral, or electronic communication used to control the unmanned aircraft system or unmanned aircraft.

(B)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.

(C)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.

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

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

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

(2)The Secretary of Energy shall develop the actions described in paragraph (1) in coordination with the Secretary of Transportation.

(c)Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by the Secretary of Energy is subject to forfeiture to the United States.

(d)The Secretary of Energy and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of each Secretary to carry out this section.

(e)In this section:

(1)The term “covered facility or asset” means any facility or asset that is—

(A)identified by the Secretary of Energy for purposes of this section;

(B)located in the United States (including the territories and possessions of the United States); and

(C)owned by the United States or contracted to the United States, to store or use special nuclear material.

(2)The terms “unmanned aircraft” and “unmanned aircraft system” have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 11 See References in Text note below. note).

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95), referred to in subsec. (e)(2), which was formerly set out in a note under section 40101 of Title 49, Transportation, was transferred and is now set out in a note under section 44802 of Title 49.

§2661 Protection of Certain Nuclear Facilities and Assets From Unmanned Aircraft

Summary

Title 50, §2661

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata