50 U.S.C. § 3515a: Authority regarding…

Summary

The Director may act, and may let Agency staff who protect people, places, or things act, in certain U.S. areas to stop a credible threat from an unmanned aircraft system when the Director and the Secretary of Transportation agree on what “credible threat” means. Allowed steps include finding and tracking the drone during its flight (including intercepting control communications), warning the operator, disrupting or interfering with the drone’s control signals, taking control of or seizing the drone, and using reasonable force to disable, damage, or destroy it. Those stronger actions can only last as long as needed to deal with the threat. The Director must make rules with the Secretary of Transportation and the FAA so actions or testing do not harm national airspace safety, and must ask the Secretary of Commerce and the FCC to consult within 180 days. The guidance must require FAA input on covered activities, that the Director contact the FAA before—or if not possible, within 24 hours after—using control, seizure, or force, and that the Director contact the FAA before research or testing. The Director must review guidance yearly. The Director will keep a list of “specially designated areas” that meet risk criteria and share it with certain congressional committees; an updated list must be provided by March 31 each year, and urgent additions must be shared within 7 days. Any interception or data collection must follow the First and Fourth Amendments and federal law and be limited to what is needed. Records or parts of a drone may be kept only to mitigate a threat and generally only up to 180 days unless extended with a written factual record; retained materials must be destroyed at the end of the period. The Director must certify compliance each time control, seizure, or force is used and keep that certification for at least 7 years. The Director must tell the Attorney General within 30 days after using control, seizure, or force. Starting not later than 90 days after December 18, 2025, and every 90 days after that, the Director must report to many congressional committees on actions taken, options considered to limit airspace disruption, any harm or damage, records kept past 180 days, guidance on privacy and civil liberties, and any violations. Seized drones can be forfeited under existing forfeiture rules, and tort claims follow existing law. The authority ends on December 31, 2027, and cannot be used until the first list of specially designated areas is shared; failure to provide the annual update by its due date pauses the authority until the update is provided. The Director must also include a funding summary with future Agency budget requests after fiscal year 2026 or within 7 days of those requests. Definitions: Congressional intelligence committees — the House and Senate intelligence committees; Radio communication — as defined in title 47, section 153; Specially designated area — an area the Director names under this rule; Title 18 terms like “electronic communication,” “intercept,” “oral communication,” and “wire communication” — have their usual meanings in title 18, section 2510; United States and Unmanned aircraft system — as defined in the cited federal law sections.

Title 50, §3515a

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(a)Authority to intercept

Notwithstanding section 46502 of title 49 or section 32, 1030, and 1367 and chapters 119 and 206 of title 18, the Director may take, and may authorize personnel of the Agency with assigned duties under section 3515 of this title that include the security or protection of people, facilities, or assets within the United States to take, the actions described in subsection (b)(1) that are necessary to mitigate a credible threat (as defined by the Director, in consultation with the Secretary of Transportation) to safety or security in any specially designated area posed by an unmanned aircraft system.

(b)Authorized actions

(1)Actions described to ensure safety and security

The actions described in this paragraph are the following:

(A)During the operation of the unmanned aircraft system, detect, identify, monitor, and track the unmanned aircraft system, 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.

(B)Warn the operator of the unmanned aircraft system, including by passive or active, and by direct or indirect, physical, electronic, radio, and electromagnetic means.

(C)Disrupt control of the unmanned aircraft system, without prior consent, including by disabling the unmanned aircraft system by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system.

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

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

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

(2)Limitation on actions

(A)Duration

In carrying out subsection (a), the Director may take an action described in subparagraphs (B) through (F) of paragraph (1) only for the period necessary to mitigate a credible threat to safety or security identified in subsection (a).

(B)Compliance

In carrying out this section, the Director shall comply with the guidance developed under subsection (c).

(c)Guidance

(1)Coordination and consultation

(A)Coordination

The Director shall develop guidance for carrying out subsection (a) and for conducting research, testing, training, and evaluation under subsection (e) in coordination with the Secretary of Transportation and the Administrator of the Federal Aviation Administration to ensure that any such actions or research, testing, training, and evaluation do not adversely affect or interfere with the safety and efficiency of the national airspace system.

(B)Consultation

In developing guidance for carrying out subsection (a) and for conducting research, testing, training, and evaluation under subsection (e), the Director shall request consultation by the Secretary of Commerce and the Chairman of the Federal Communications Commission. The Secretary of Commerce and the Chairman may each provide such consultation during the 180-day period beginning on the date of the request by the Director.

(2)Requirements

The guidance under paragraph (1) shall include requirements that—

(A)the Administrator of the Federal Aviation Administration advise on the types of activities covered by subsection (b)(1);

(B)the Director contact the Administrator of the Federal Aviation Administration through the appropriate channel if practicable before, or otherwise as soon as practicable after (but not later than 24 hours after), carrying out an action described in subparagraphs (B) through (F) of subsection (b)(1);

(C)the Director contact the Administrator of the Federal Aviation Administration through the appropriate channel before conducting research, testing, training, and evaluation under subsection (e); and

(D)when taking an action described in subsection (b)(1), all due consideration is given to—

(i)mitigating effects on privacy and civil liberties under the first and fourth amendments to the Constitution of the United States;

(ii)mitigating damage to, or loss of, real and personal property; and

(iii)mitigating any risk of personal injury or death.

(3)Updates

On an annual basis, the Director, in coordination with the Secretary of Transportation and the Administrator of the Federal Aviation Administration, shall review the guidance developed under paragraph (1) and make any necessary updates.

(d)Specially designated areas

(1)List

The Director shall make available to the congressional intelligence committees and the recipients specified in paragraph (5) a list, which may be in classified form, of each area that the Director— (A)

(B)designates as a specially designated area for purposes of this section.

(2)Annual update

Not later than March 31 each year, the Director shall make available to the congressional intelligence committees and the recipients specified in paragraph (5) an updated list of specially designated areas under paragraph (1).

(3)Emergency updates

If the Director determines that adding an area that meets the criteria described in paragraph (4) to the list under paragraph (1) is necessary to mitigate a credible threat to safety or security, the Director may update the list to include that area as a specially designated area covered by this section if the Director makes available to the congressional intelligence committees and the recipients specified in paragraph (5) information regarding that area by not later than 7 days after making such determination.

(4)Criteria described

The criteria described in this paragraph are the following:

(A)The area is identified by the Director, in coordination with the Secretary of Transportation, with respect to potentially impacted airspace, through a risk-based assessment, as high-risk and a potential target for unlawful unmanned aircraft system-related activity.

(B)The area consists of—

(i)premises that—

(I)are owned, leased, or controlled by the Agency or the Office of the Director of National Intelligence;

(II)are not eligible for protection from threats from unmanned aircraft systems by another department or agency of the Federal Government that has authority to mitigate the threat of unmanned aircraft systems, including pursuant to section 130i of title 10; and

(III)directly relate to one or more functions authorized to be performed by the Agency or the Office of the Director of National Intelligence under this chapter or the National Security Act of 1947 (50 U.S.C. 3001 et seq.);

(ii)one or more perimeters adjacent to such premises, as designated by the Director, in coordination with the Secretary of Transportation, based on the specific type of action described in subsection (b)(1); and

(iii)the airspace above the premises and perimeters covered by clauses (i) and (ii).

(C)The airspace specified in subparagraph (B)(iii) is restricted by a temporary flight restriction or covered by a determination under section 2209 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44802 note) or any other similar restriction applicable to unmanned aircraft system overflights determined appropriate by the Secretary of Transportation.

(5)Specified recipients of list

The designated recipients for purposes of this subsection are each of the following:

(A)The chairs and ranking minority members of the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(B)The chairs and ranking minority members of the Committees on the Judiciary of the House of Representatives and of the Senate.

(C)The chairs and ranking minority members of the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.

(D)The chairs and ranking minority members of the Committees on Appropriations of the House of Representatives and of the Senate.

(E)For each committee specified in subparagraphs (A), (B), (C), and (D)—

(i)two staff members of the committee who have the required security clearances and are designated by the chair; and

(ii)two staff members of the committee who have the required security clearances and are designated by the ranking minority member.

(e)Research, testing, training, and evaluation

The Director may, consistent with section 1805(g) of this title, other Federal laws, and Presidential directives, conduct research, testing, training on, and evaluation of any equipment, including any electronic equipment, to determine the capability and utility of the equipment prior to the use of the equipment for any action carried out under subsection (a).

(f)Privacy protections

(1)Requirement

Any interception or acquisition of, or access to, or maintenance or use of, information or communications to or from an unmanned aircraft system under this section shall be conducted—

(A)in a manner consistent with the first and fourth amendments to the Constitution of the United States and applicable provisions of Federal law; and

(B)only to the extent necessary to support an action described in subsection (b)(1) taken to carry out the authority provided in subsection (a).

(2)Limit

In carrying out subsection (a), the Director may maintain records containing or regarding the content and dialing, signaling, routing, and addressing information associated with wire communications, oral communications, electronic communications, and radio communications, and may maintain parts or the whole of an unmanned aircraft system, only if—

(A)such maintenance is for the purpose of mitigating a credible threat, as described in subsection (a), to safety or security of persons in a specially designated area; and

(B)such maintenance does not exceed a period of 180 days unless—

(i)the Director or the Attorney General determines a longer period—

(I)is necessary to directly support an ongoing security operation of the Agency pursuant to subsection (a); or

(II)is required to be maintained by the Agency under Federal law;

(ii)the Director or the Attorney General has created a record before the end of such 180-day period providing the specific factual basis to support the determination based on the matters specified in either or both subclauses (I) and (II) of clause (i); and

(iii)the Director is in compliance with the reporting requirements under subsection (g)(2)(B).

(3)Destruction

The Director shall destroy any records or materials maintained under paragraph (2) at the end of the period specified in such paragraph.

(4)Transfer

(A)Authorized disclosure

Records or materials maintained under paragraph (2) may not be disclosed outside of the Agency or Department of Justice unless the Director or Attorney General determine that the disclosure of such records or materials—

(i)is necessary to investigate or prosecute a violation of Federal law;

(ii)is necessary to support the counter unmanned aircraft systems activities of another department or agency of the Federal Government with authority to mitigate the threat of unmanned aircraft systems;

(iii)is necessary to comply with another provision of Federal law; or

(iv)is necessary to comply with an obligation to preserve materials during the course of litigation.

(B)Requirement for recipient agency

The recipient of records or materials pursuant to subparagraph (A) shall—

(i)maintain the records or materials only for the purpose authorized under such subparagraph;

(ii)disclose the records or materials only for a purpose authorized under such subparagraph; and

(iii)destroy the records or parts or materials once such purpose no longer applies.

(5)Certification

(A)Agency

Each time the Director carries out subsection (a) by taking an action described in subparagraphs (C) through (F) of subsection (b)(1), the Director shall certify that the Director is in compliance with paragraphs (1) through (4) of this subsection. The Director may only delegate the authority to make such certification to—

(i)the General Counsel or the Principal Deputy General Counsel; or

(ii)the Director of Operations or the Deputy Director of Operations.

(B)Retention

Each certification made under subparagraph (A) shall be retained by the Director for a period of at least seven years.

(g)Notifications and reports

(1)Department of Justice notification

Not later than 30 days after the date on which the Director carries out subsection (a) by taking an action described in subparagraphs (C) through (F) of subsection (b)(1), the Director shall notify the Attorney General of such action.

(2)Congressional reports

Not later than 90 days after December 18, 2025, and every 90 days thereafter, the Director shall make available to the congressional intelligence committees and the recipients specified in paragraph (3) a report that includes the following:

(A)With respect to each action described in subparagraphs (B) through (F) of subsection (b)(1) taken to carry out subsection (a) during the period covered by the report, a description of—

(i)the action taken;

(ii)options considered by the Director to mitigate any identified effects to the national airspace system relating to such action, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals; and

(iii)whether any harm, damage, or loss to a person or to private property resulted from such action.

(B)A description of all records or materials that, as of the date of the report, are being maintained for a period exceeding 180 days pursuant to subsection (f)(2)(B), and a copy of each record created pursuant to clause (ii) of such subsection relating to such maintenance.

(C)A copy of the guidance, policies, and procedures established by the Director in effect during the period covered by the report to address privacy, civil rights, and civil liberties issues implicated by actions taken by the Director in carrying out subsection (a).

(D)Information on any violation of, or failure to comply with, this section during the period covered by the report, including a description of any such violation or failure.

(3)Specified recipients of report

The designated recipients for purposes of paragraph (2) are each of the following:

(A)Each member of the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(B)Each member of the Committees on the Judiciary of the House of Representatives and of the Senate.

(C)Each member of the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.

(D)Each member of the Committees on Appropriations of the House of Representatives and of the Senate.

(E)For each committee specified in subparagraphs (A), (B), (C), and (D)—

(i)five staff members of the committee who have the required security clearances and are designated by the chair; and

(ii)five staff members of the committee who have the required security clearances and are designated by the ranking minority member.

(h)Forfeiture and tort claims

(1)Forfeiture

(A)Subject to forfeiture

Any unmanned aircraft system described in subsection (a) that is seized by the Director is subject to forfeiture to the United States.

(B)Application

The requirements for civil, criminal, or administrative forfeiture under applicable law or regulation shall apply to any forfeiture conducted under subparagraph (A).

(2)Tort claims

Chapter 171 of title 28 shall apply to any claims for loss of property, injury, or death pursuant to actions taken pursuant to this section.

(i)Rules of construction

Nothing in this section may be construed as—

(1)affecting the restrictions in section 1805(g) of this title;

(2)vesting in the Director any authority of the Secretary of Transportation, the Secretary of Defense, or the Administrator of the Federal Aviation Administration;

(3)vesting in the Secretary of Transportation, the Secretary of Defense, or the Administrator any authority of the Director;

(4)creating a new cause of action or any new rights, or waiving any defenses, that do not otherwise exist in law as of December 18, 2025;

(5)authorizing any official of a department or agency of the Federal Government to conduct any search or seizure in a manner that violates the fourth amendment to the Constitution of the United States; or

(6)authorizing any actions that violate any provision of the Constitution of the United States, including the first and fourth amendments.

(j)Budget

Together with the budget requests of the Agency for each fiscal year after fiscal year 2026, or not later than 7 days after the date on which such a request is submitted to Congress, the Director shall submit to the congressional intelligence committees and the Committees on Appropriations of the Senate and the House of Representatives a consolidated funding display that identifies the funding source for actions to carry out subsection (a). The funding display shall be in unclassified form, but may contain a classified annex.

(k)Commencement of authority

The Director may not carry out subsection (a) by taking an action described in subsection (b)(1) until the date on which the Director has made available the first list under subsection (d)(1).

(l)Suspension of authority

If the Director fails to make available the updated list by the date required under subsection (d)(2), the Director may not carry out subsection (a) by taking an action described in subsection (b)(1) until the date on which the Director makes available such updated list.

(m)Termination

The authority to carry out this section shall terminate on December 31, 2027.

(n)Definitions

In this section: (1) Congressional intelligence committees

(2)Radio communication

The term “radio communication” has the meaning given that term in section 153 of title 47.

(3)Specially designated area

The term “specially designated area” means an area designated by the Director as a specially designated area for purposes of this section pursuant to subsection (d).

(4)Title 18 terms

The terms “electronic communication”, “intercept”, “oral communication”, and “wire communication” have the meanings given those terms in section 2510 of title 18.

(5)United States

The term “United States” has the meaning given that term in section 5 of title 18.

(6)Unmanned aircraft system

The term “unmanned aircraft system” has the meaning given the term in section 44801 of title 49.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Security Act of 1947, referred to in subsec. (d)(4)(B)(i)(III), is act July 26, 1947, ch. 343, 61 Stat. 495, which is classified principally to chapter 44 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Tables. section 2209 of the FAA Extension, Safety, and Security Act of 2016, referred to in subsec. (d)(4)(C), is section 2209 of Pub. L. 114–190, which is set out as a note under section 44802 of Title 49, Transportation.

§3515a Authority Regarding Unmanned Aircraft Systems

Summary

Title 50, §3515a

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata