10 U.S.C. § 130h — Untitled legal text

Page 171 TITLE 10—ARMED FORCES § 130i designated foreign nationals, their facilities, and their property under any of the bases in domestic or international law in the circumstances enumerated in paragraph (1), and the conditions under which any such Rules of Engagement would be modified. ‘‘(6) A description of the process through which pol- icy guidance pertaining to the authorization for, and the provision by members of the United States Armed Forces of, collective self-defense to designated for- eign nationals, their facilities, and their property is to be disseminated to the level of tactical execution. ‘‘(7) Such other matters as the Secretary considers appropriate. ‘‘(c) REPORT ON POLICY.— ‘‘(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Ap- propriations of the Senate and the House of Rep- resentatives] a report setting forth the policy re- quired by subsection (a). ‘‘(2) DOD GENERAL COUNSEL STATEMENT.—The Sec- retary shall include in the report under paragraph (1) a statement by the General Counsel of the Depart- ment of Defense as to whether the policy prescribed pursuant to subsection (a) is consistent with domes- tic and international law. ‘‘(3) FORM.—The report required by paragraph (1) may be submitted in classified form. ‘‘(d) BRIEFING ON POLICY.—Not later than 30 days after the date of the submittal of the report required by subsection (c), the Secretary shall provide the congres- sional defense committees a classified briefing on the policy prescribed pursuant to subsection (a). The brief- ing shall make use of vignettes designated to illustrate real world application of the policy in each [of] the cir- cumstances enumerated in subsection (b)(1).’’ DEADLINE FOR SUBMITTAL OF PROCEDURES Pub. L. 113–66, div. A, title X, § 1041(c), Dec. 26, 2013, 127 Stat. 857, provided that: ‘‘The Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] the pro- cedures required under section 130f(b) of title 10, United States Code, as added by subsection (a), by not later than 60 days after the date of the enactment of this Act [Dec. 26, 2013].’’ [§ 130g. Renumbered § 394] [§ 130h. Repealed. Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199] Section, added Pub. L. 114–92, div. A, title XVI, § 1671(a)(1), Nov. 25, 2015, 129 Stat. 1129; amended Pub. L. 114–328, div. A, title X, § 1081(a)(1), title XVI, § 1682(a)(1), (b), Dec. 23, 2016, 130 Stat. 2417, 2623, 2624; Pub. L. 115–232, div. A, title XVI, § 1678, Aug. 13, 2018, 132 Stat. 2161; Pub. L. 116–283, div. A, title XVI, § 1642, Jan. 1, 2021, 134 Stat. 4062; Pub. L. 117–263, div. A, title XVI, § 1653, Dec. 23, 2022, 136 Stat. 2949, prohibited the De- partment of Defense from using appropriated funds to provide the Russian Federation with ‘‘hit-to-kill’’ tech- nology and telemetry data for missile defense intercep- tors or target vehicles and other sensitive missile de- fense information. See section 5551 of this title. § 130i. Protection of certain facilities and assets from unmanned aircraft (a) AUTHORITY.—Notwithstanding section 46502 of title 49, or any provision of title 18, the Sec- retary of Defense may take, and may authorize members of the armed forces and officers and ci- vilian employees of the Department of Defense with assigned duties that include safety, secu- rity, or protection of personnel, facilities, or as- sets, to take, such actions described in sub- section (b)(1) that are necessary to mitigate the threat (as defined by the Secretary of Defense, in consultation with the Secretary of Transpor- tation) that an unmanned aircraft system or un- manned aircraft poses to the safety or security of a covered facility or asset. (b) ACTIONS DESCRIBED.—(1) The actions de- scribed in this paragraph are the following: (A) Detect, identify, monitor, and track the unmanned aircraft system or unmanned air- craft, 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 air- craft. (B) Warn the operator of the unmanned air- craft system or unmanned aircraft, including by passive or active, and direct or indirect physical, electronic, radio, and electro- magnetic 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 inter- cepting, interfering, or causing interference with wire, oral, electronic, or radio commu- nications used to control the unmanned air- craft system or unmanned aircraft. (D) Seize or exercise control of the un- manned aircraft system or unmanned aircraft. (E) Seize or otherwise confiscate the un- manned 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 Defense shall develop the actions described in paragraph (1) in coordina- tion with the Secretary of Transportation. (c) FORFEITURE.—Any unmanned aircraft sys- tem or unmanned aircraft described in sub- section (a) that is seized by the Secretary of De- fense is subject to forfeiture to the United States. (d) REGULATIONS AND GUIDANCE.—(1) The Sec- retary of Defense and the Secretary of Transpor- tation may prescribe regulations and shall issue guidance in the respective areas of each Sec- retary to carry out this section. (2)(A) The Secretary of Defense and the Sec- retary of Transportation shall coordinate in the development of guidance under paragraph (1). (B) The Secretary of Defense shall coordinate with the Secretary of Transportation and the Administrator of the Federal Aviation Adminis- tration before issuing any guidance or otherwise implementing this section if such guidance or implementation might affect aviation safety, ci- vilian aviation and aerospace operations, air- craft airworthiness, or the use of airspace. (e) PRIVACY PROTECTION.—The regulations pre- scribed or guidance issued under subsection (d) shall ensure that— (1) the interception or acquisition of, or ac- cess to, communications to or from an un- manned aircraft system under this section is conducted in a manner consistent with the fourth amendment to the Constitution and ap- plicable provisions of Federal law; (2) communications to or from an unmanned aircraft system are intercepted, acquired, or