To modify the authority to protect certain facilities and assets of the United States from incursions.

This amendment aims to modify the protection of specific facilities and assets from incursions by updating Section 130i of title 10, United States Code. It focuses on the detection and mitigation of unmanned aircraft systems.

Key changes and additions include:

• Protections and Personnel: Expands the scope of protected individuals to include contractors, in addition to officers and civilian employees.

• Operational Guidelines: Requires the Secretary of Defense to ensure that actions taken against unmanned aircraft consider the following:

  • Impacts on privacy and civil liberties under the First and Fourth Amendments.
  • Risk of personal injury, death, or damage to real and personal property.
  • Providing warnings to operators when possible, unless it endangers safety, creates a flight risk, destroys evidence, or jeopardizes legal proceedings.

• Legal and Privacy Constraints:

  • Mandates that communication interceptions follow the First and Fourth Amendments and Federal law.
  • Limits the maintenance of communication records to 180 days unless needed for litigation, security operations, or prosecution.
  • Requires that any forfeiture of unmanned aircraft follow applicable civil, criminal, or administrative laws.

• Accountability and Reporting: Establishes a requirement for the Secretary of Defense to submit and publish an annual public report. This report must include:

  • Data on detection and mitigation activities and communication interceptions.
  • Details on any failures to comply with the section.
  • Information on whether intercepted aircraft were engaged in First Amendment protected activities.
  • Descriptions of efforts to protect civil liberties and privacy.

• Administrative Updates:

  • Creates a process for claims regarding loss of property, injury, or death.
  • Sets a sunset date for this section on December 31, 2030.
  • Expands the definition of protected facilities and assets to include specific DoD properties, disaster response assistance, and activities listed in section 2692(b) of title 10.