6 U.S.C. § 124n — Protection of certain facilities and assets

Page 54 TITLE 6—DOMESTIC SECURITY § 124n (K) The Office of Intelligence and Analysis. (L) The Office of Strategy, Policy, and Plans. (M) The Science and Technology Direc- torate. (N) The Office for State and Local Law En- forcement. (O) The Privacy Office. (P) The Office for Civil Rights and Civil Liberties. (Q) Other departmental offices and pro- grams as determined appropriate by the Sec- retary. (d) Meetings The Board shall— (1) meet on a regular basis to discuss intel- ligence and coordinate ongoing threat mitiga- tion efforts and departmental activities, in- cluding coordination with other Federal, State, local, tribal, territorial, and private sector partners; and (2) make recommendations to the Secretary. (e) Terrorism alerts The Board shall advise the Secretary on the issuance of terrorism alerts under section 124 of this title. (f) Prohibition on additional funds No additional funds are authorized to carry out this section. (Pub. L. 107–296, title II, § 210F, as added Pub. L. 116–260, div. U, title VI, § 602(a), Dec. 27, 2020, 134 Stat. 2294.) Editorial Notes PRIOR PROVISIONS A prior section 210F of Pub. L. 107–296 was renum- bered section 210E and is classified to section 124m of this title. Statutory Notes and Related Subsidiaries NOTICE REGARDING MECHANISMS TO COORDINATE THREATS Pub. L. 116–260, div. U, title VI, § 602(d), Dec. 27, 2020, 134 Stat. 2295, provided that: ‘‘The Secretary of Home- land Security shall provide written notification to and brief the Committee on Homeland Security and Gov- ernmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on any changes to or introductions of new mechanisms to coordinate threats across the Department of Homeland Security.’’ § 124n. Protection of certain facilities and assets from unmanned aircraft (a) Authority Notwithstanding section 46502 of title 49 or sections 32, 1030, 1367 and chapters 119 and 206 of title 18, the Secretary and the Attorney General may, for their respective Departments, take, and may authorize personnel with assigned du- ties that include the security or protection of people, facilities, or assets, to take such actions as are described in subsection (b)(1) that are nec- essary to mitigate a credible threat (as defined by the Secretary or the Attorney General, 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) In general The actions authorized in subsection (a) are the following: (A) During the operation of the unmanned aircraft system, detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other ac- cess of a wire communication, an oral com- munication, or an electronic communication used to control the unmanned aircraft sys- tem or unmanned aircraft. (B) Warn the operator of the unmanned aircraft system or unmanned aircraft, in- cluding by passive or active, and direct or indirect physical, electronic, radio, and elec- tromagnetic means. (C) Disrupt control of the unmanned air- craft system or unmanned aircraft, without prior consent, including by disabling the un- manned aircraft system or unmanned air- craft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned air- craft. (D) Seize or exercise control of the un- manned aircraft system or unmanned air- craft. (E) Seize or otherwise confiscate the un- manned aircraft system or unmanned air- craft. (F) Use reasonable force, if necessary, to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft. (2) Required coordination The Secretary and the Attorney General shall develop for their respective Departments the actions described in paragraph (1) in co- ordination with the Secretary of Transpor- tation. (3) Research, testing, training, and evaluation The Secretary and the Attorney General shall conduct research, testing, training on, and evaluation of any equipment, including any electronic equipment, to determine its ca- pability and utility prior to the use of any such technology for any action described in subsection (b)(1). (4) Coordination The Secretary and the Attorney General shall coordinate with the Administrator of the Federal Aviation Administration when any ac- tion authorized by this section might affect aviation safety, civilian aviation and aero- space operations, aircraft airworthiness, or the use of the airspace. (c) Forfeiture Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by the Secretary or the Attorney General is sub- ject to forfeiture to the United States. (d) Regulations and guidance (1) In general The Secretary, the Attorney General, and the Secretary of Transportation may prescribe Page 55 TITLE 6—DOMESTIC SECURITY § 124n 1 So in original. Probably should be ‘‘determines’’. regulations and shall issue guidance in the re- spective areas of each Secretary or the Attor- ney General to carry out this section. (2) Coordination (A) Coordination with Department of Trans- portation The Secretary and the Attorney General shall coordinate the development of their re- spective guidance under paragraph (1) with the Secretary of Transportation. (B) Effect on aviation safety The Secretary and the Attorney General shall respectively coordinate with the Sec- retary of Transportation and the Adminis- trator of the Federal Aviation Administra- tion before issuing any guidance, or other- wise implementing this section, if such guid- ance or implementation might affect avia- tion safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of airspace. (e) Privacy protection The regulations or guidance issued to carry out actions authorized under subsection (b) by each Secretary or the Attorney General, as the case may be, shall ensure that— (1) the interception or acquisition of, or ac- cess to, or maintenance or use of, communica- tions to or from an unmanned aircraft system under this section is conducted in a manner consistent with the First and Fourth Amend- ments to the Constitution of the United States and applicable provisions of Federal law; (2) communications to or from an unmanned aircraft system are intercepted or acquired only to the extent necessary to support an ac- tion described in subsection (b)(1); (3) records of such communications are maintained only for as long as necessary, and in no event for more than 180 days, unless the Secretary of Homeland Security or the Attor- ney General determine 1 that maintenance of such records is necessary to investigate or prosecute a violation of law, directly support an ongoing security operation, is required under Federal law, or for the purpose of any litigation; (4) such communications are not disclosed outside the Department of Homeland Security or the Department of Justice unless the dis- closure— (A) is necessary to investigate or pros- ecute a violation of law; (B) would support the Department of De- fense, a Federal law enforcement agency, or the enforcement activities of a regulatory agency of the Federal Government in con- nection with a criminal or civil investiga- tion of, or any regulatory, statutory, or other enforcement action relating to an ac- tion described in subsection (b)(1); (C) is between the Department of Home- land Security and the Department of Justice in the course of a security or protection op- eration of either agency or a joint operation of such agencies; or (D) is otherwise required by law; and (5) to the extent necessary, the Department of Homeland Security and the Department of Justice are authorized to share threat infor- mation, which shall not include communica- tions referred to in subsection (b), with State, local, territorial, or tribal law enforcement agencies in the course of a security or protec- tion operation. (f) Budget The Secretary and the Attorney General shall submit to Congress, as a part of the homeland security or justice budget materials for each fis- cal year after fiscal year 2019, a consolidated funding display that identifies the funding source for the actions described in subsection (b)(1) within the Department of Homeland Secu- rity or the Department of Justice. The funding display shall be in unclassified form, but may contain a classified annex. (g) Semiannual briefings and notifications (1) In general On a semiannual basis during the period be- ginning 6 months after October 5, 2018, and ending on the date specified in subsection (i), the Secretary and the Attorney General shall, respectively, provide a briefing to the appro- priate congressional committees on the activi- ties carried out pursuant to this section. (2) Requirement Each briefing required under paragraph (1) shall be conducted jointly with the Secretary of Transportation. (3) Content Each briefing required under paragraph (1) shall include— (A) policies, programs, and procedures to mitigate or eliminate impacts of such ac- tivities to the National Airspace System; (B) a description of instances in which ac- tions described in subsection (b)(1) have been taken, including all such instances that may have resulted in harm, damage, or loss to a person or to private property; (C) a description of the guidance, policies, or procedures established to address privacy, civil rights, and civil liberties issues impli- cated by the actions allowed under this sec- tion, as well as any changes or subsequent efforts that would significantly affect pri- vacy, civil rights or civil liberties; (D) a description of options considered and steps taken to mitigate any identified im- pacts to the national airspace system re- lated to the use of any system or tech- nology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (b)(1); (E) a description of instances in which communications intercepted or acquired during the course of operations of an un- manned aircraft system were held for more than 180 days or shared outside of the De- partment of Justice or the Department of Homeland Security; (F) how the Secretary, the Attorney Gen- eral, and the Secretary of Transportation Page 56 TITLE 6—DOMESTIC SECURITY § 124n 2 So in original. Probably should be followed by ‘‘and’’. have informed the public as to the possible use of authorities under this section; 2 (G) how the Secretary, the Attorney Gen- eral, and the Secretary of Transportation have engaged with Federal, State, and local law enforcement agencies to implement and use such authorities. (4) Unclassified form Each briefing required under paragraph (1) shall be in unclassified form, but may be ac- companied by an additional classified briefing. (5) Notification Within 30 days of deploying any new tech- nology to carry out the actions described in subsection (b)(1), the Secretary and the Attor- ney General shall, respectively, submit a noti- fication to the appropriate congressional com- mittees. Such notification shall include a de- scription of options considered to mitigate any identified impacts to the national air- space system related to the use of any system or technology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in sub- section (b)(1). (h) Rule of construction Nothing in this section may be construed to— (1) vest in the Secretary or the Attorney General any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration; (2) vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary or the Attorney General; (3) vest in the Secretary of Homeland Secu- rity any authority of the Attorney General; (4) vest in the Attorney General any author- ity of the Secretary of Homeland Security; or (5) provide a new basis of liability for any State, local, territorial, or tribal law enforce- ment officers who participate in the protec- tion of a mass gathering identified by the Sec- retary or Attorney General under subsection (k)(3)(C)(iii)(II), act within the scope of their authority, and do not exercise the authority granted to the Secretary and Attorney Gen- eral by this section. (i) Termination The authority to carry out this section with respect to a covered facility or asset specified in subsection (k)(3) shall terminate on March 14, 2025. (j) Scope of authority Nothing in this section shall be construed to provide the Secretary or the Attorney General with additional authorities beyond those de- scribed in subsections (a) and (k)(3)(C)(iii). (k) Definitions In this section: (1) The term ‘‘appropriate congressional committees’’ means— (A) the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on the Judiciary of the Senate; and (B) the Committee on Homeland Security, the Committee on Transportation and Infra- structure, the Committee on Energy and Commerce, and the Committee on the Judi- ciary of the House of Representatives. (2) The term ‘‘budget’’, with respect to a fis- cal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31. (3) The term ‘‘covered facility or asset’’ means any facility or asset that— (A) is identified as high-risk and a poten- tial target for unlawful unmanned aircraft activity by the Secretary or the Attorney General, in coordination with the Secretary of Transportation with respect to poten- tially impacted airspace, through a risk- based assessment for purposes of this section (except that in the case of the missions de- scribed in subparagraph (C)(i)(II) and (C)(iii)(I), such missions shall be presumed to be for the protection of a facility or asset that is assessed to be high-risk and a poten- tial target for unlawful unmanned aircraft activity); (B) is located in the United States (includ- ing the territories and possessions, terri- torial seas or navigable waters of the United States); and (C) directly relates to one or more— (i) missions authorized to be performed by the Department of Homeland Security, consistent with governing statutes, regula- tions, and orders issued by the Secretary, pertaining to— (I) security or protection functions of the U.S. Customs and Border Protection, including securing or protecting facili- ties, aircraft, and vessels, whether moored or underway; (II) United States Secret Service pro- tection operations pursuant to sections 3056(a) and 3056A(a) of title 18 and the Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note); or (III) protection of facilities pursuant to section 1315(a) of title 40; (ii) missions authorized to be performed by the Department of Justice, consistent with governing statutes, regulations, and orders issued by the Attorney General, pertaining to— (I) personal protection operations by— (aa) the Federal Bureau of Investiga- tion as specified in section 533 of title 28; and (bb) the United States Marshals Service of Federal jurists, court offi- cers, witnesses, and other threatened persons in the interests of justice, as specified in section 566(e)(1)(A) of title 28; (II) protection of penal, detention, and correctional facilities and operations conducted by the Federal Bureau of Pris- ons; or (III) protection of the buildings and grounds leased, owned, or operated by or Page 57 TITLE 6—DOMESTIC SECURITY § 124n 3 So in original. Probably should be ‘‘or’’. 4 See References in Text note below. 5 So in original. Probably should be ‘‘meanings’’. 6 So in original. The comma probably should not appear. 7 So in original. Probably should be ‘‘Federal,’’. for the Department of Justice, and the provision of security for Federal courts, as specified in section 566(a) of title 28; (iii) missions authorized to be performed by the Department of Homeland Security or the Department of Justice, acting to- gether or separately, consistent with gov- erning statutes, regulations, and orders issued by the Secretary or the Attorney General, respectively, pertaining to— (I) protection of a National Special Se- curity Event and Special Event Assess- ment Rating event; (II) the provision of support to State, local, territorial, or tribal law enforce- ment, upon request of the chief execu- tive officer of the State or territory, to ensure protection of people and property at mass gatherings, that is limited to a specified timeframe and location, within available resources, and without dele- gating any authority under this section to State, local, territorial, or tribal law enforcement; or (III) protection of an active Federal law enforcement investigation, emer- gency response, or security function, that is limited to a specified timeframe and location; and 3 (iv) missions authorized to be performed by the United States Coast Guard, includ- ing those described in clause (iii) as di- rected by the Secretary, and as further set forth in section 104 4 of title 14, and con- sistent with governing statutes, regula- tions, and orders issued by the Secretary of the Department in which the Coast Guard is operating. (4) The terms ‘‘electronic communication’’, ‘‘intercept’’, ‘‘oral communication’’, and ‘‘wire communication’’ have the meaning 5 given those terms in section 2510 of title 18. (5) The term ‘‘homeland security or justice budget materials’’, with respect to a fiscal year, means the materials submitted to Con- gress by the Secretary and the Attorney Gen- eral in support of the budget for that fiscal year. (6) For purposes of subsection (a), the term ‘‘personnel’’ means officers and employees of the Department of Homeland Security or the Department of Justice. (7) The terms ‘‘unmanned aircraft’’ and ‘‘un- manned aircraft system’’ have the meanings given those terms in section 44801, 6 of title 49. (8) For purposes of this section, the term ‘‘risk-based assessment’’ includes an evalua- tion of threat information specific to a cov- ered facility or asset and, with respect to po- tential impacts on the safety and efficiency of the national airspace system and the needs of law enforcement and national security at each covered facility or asset identified by the Sec- retary or the Attorney General, respectively, of each of the following factors: (A) Potential impacts to safety, efficiency, and use of the national airspace system, in- cluding potential effects on manned aircraft and unmanned aircraft systems, aviation safety, airport operations, infrastructure, and air navigation services related to the use of any system or technology for carrying out the actions described in subsection (b)(1). (B) Options for mitigating any identified impacts to the national airspace system re- lated to the use of any system or tech- nology, including minimizing when possible the use of any technology which disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (b)(1). (C) Potential consequences of the impacts of any actions taken under subsection (b)(1) to the national airspace system and infra- structure if not mitigated. (D) The ability to provide reasonable ad- vance notice to aircraft operators consistent with the safety of the national airspace sys- tem and the needs of law enforcement and national security. (E) The setting and character of any cov- ered facility or asset, including whether it is located in a populated area or near other structures, whether the facility is open to the public, whether the facility is also used for nongovernmental functions, and any po- tential for interference with wireless com- munications or for injury or damage to per- sons or property. (F) The setting, character, timeframe, and national airspace system impacts of Na- tional Special Security Event and Special Event Assessment Rating events. (G) Potential consequences to national se- curity, public safety, or law enforcement if threats posed by unmanned aircraft systems are not mitigated or defeated. (l) Department of Homeland Security assessment (1) Report Not later than 1 year after October 5, 2018, the Secretary shall conduct, in coordination with the Attorney General and the Secretary of Transportation, an assessment to the appro- priate congressional committees, including— (A) an evaluation of the threat from un- manned aircraft systems to United States critical infrastructure (as defined in this chapter) and to domestic large hub airports (as defined in section 40102 of title 49); (B) an evaluation of current Federal and 7 State, local, territorial, or tribal law en- forcement authorities to counter the threat identified in subparagraph (A), and rec- ommendations, if any, for potential changes to existing authorities to allow State, local, territorial, and tribal law enforcement to as- sist Federal law enforcement to counter the threat where appropriate; (C) an evaluation of the knowledge of, effi- ciency of, and effectiveness of current proce- dures and resources available to owners of critical infrastructure and domestic large Page 58 TITLE 6—DOMESTIC SECURITY § 125 hub airports when they believe a threat from unmanned aircraft systems is present and what additional actions, if any, the Depart- ment of Homeland Security or the Depart- ment of Transportation could implement under existing authorities to assist these en- tities to counter the threat identified in sub- paragraph (A); (D) an assessment of what, if any, addi- tional authorities are needed by each De- partment and law enforcement to counter the threat identified in subparagraph (A); and (E) an assessment of what, if any, addi- tional research and development the Depart- ment needs to counter the threat identified in subparagraph (A). (2) Unclassified form The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. (Pub. L. 107–296, title II, § 210G, as added Pub. L. 115–254, div. H, § 1602(a), Oct. 5, 2018, 132 Stat. 3522; amended Pub. L. 118–15, div. B, title II, § 2221, Sept. 30, 2023, 137 Stat. 86; Pub. L. 118–22, div. B, title III, § 601, Nov. 17, 2023, 137 Stat. 123; Pub. L. 118–35, div. B, title III, § 301, Jan. 19, 2024, 138 Stat. 7; Pub. L. 118–41, title III, § 301, Mar. 8, 2024, 138 Stat. 24; Pub. L. 118–63, title XI, § 1112, May 16, 2024, 138 Stat. 1419; Pub. L. 118–83, div. B, title I, § 101, Sept. 26, 2024, 138 Stat. 1534; Pub. L. 118–158, div. E, § 5102, Dec. 21, 2024, 138 Stat. 1771.) Editorial Notes REFERENCES IN TEXT The Presidential Protection Assistance Act of 1976, referred to in subsec. (k)(3)(C)(i)(II), is Pub. L. 94–524, Oct. 17, 1976, 90 Stat. 2475, which enacted and amended provisions set out as notes under section 3056 of Title 18, Crimes and Criminal Procedure. For complete clas- sification of this Act to the Code, see Tables. Section 104 of title 14, referred to in subsec. (k)(3)(C)(iv), was redesignated section 528 of title 14 by Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200, and references to section 104 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note pre- ceding section 101 of Title 14, Coast Guard. This chapter, referred to in subsec. (l)(1)(A), was in the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. AMENDMENTS 2024—Subsec. (i). Pub. L. 118–158 substituted ‘‘March 14, 2025’’ for ‘‘December 20, 2024’’. Pub. L. 118–83 substituted ‘‘December 20, 2024’’ for ‘‘October 1, 2024’’. Pub. L. 118–63 substituted ‘‘October 1, 2024’’ for ‘‘May 11, 2024’’. Pub. L. 118–41 substituted ‘‘May 11, 2024’’ for ‘‘March 9, 2024’’. Pub. L. 118–35 substituted ‘‘March 9, 2024’’ for ‘‘Feb- ruary 3, 2024’’. 2023—Subsec. (i). Pub. L. 118–22 substituted ‘‘February 3, 2024’’ for ‘‘November 18, 2023’’. Pub. L. 118–15 substituted ‘‘on November 18, 2023’’ for ‘‘on the date that is 4 years after October 5, 2018’’. Statutory Notes and Related Subsidiaries TERMINATION DATE Pub. L. 117–328, div. F, title V, § 547, Dec. 29, 2022, 136 Stat. 4758, provided that: ‘‘Section 210G(i) of the Home- land Security Act of 2002 (6 U.S.C. 124n(i)) shall be ap- plied by substituting ‘September 30, 2023’ for ‘the date that is 4 years after the date of enactment of this sec- tion [Oct. 5, 2018]’.’’ § 125. Annual report on intelligence activities of the Department of Homeland Security (a) In general For each fiscal year and along with the budget materials submitted in support of the budget of the Department of Homeland Security pursuant to section 1105(a) of title 31, the Under Secretary for Intelligence and Analysis of the Department shall submit to the congressional intelligence committees a report for such fiscal year on each intelligence activity of each intelligence compo- nent of the Department, as designated by the Under Secretary, that includes the following: (1) The amount of funding requested for each such intelligence activity. (2) The number of full-time employees fund- ed to perform each such intelligence activity. (3) The number of full-time contractor em- ployees (or the equivalent of full-time in the case of part-time contractor employees) fund- ed to perform or in support of each such intel- ligence activity. (4) A determination as to whether each such intelligence activity is predominantly in sup- port of national intelligence or departmental missions. (5) The total number of analysts of the Intel- ligence Enterprise of the Department that per- form— (A) strategic analysis; or (B) operational analysis. (b) Feasibility and advisability report Not later than 120 days after December 19, 2014, the Secretary of Homeland Security, acting through the Under Secretary for Intelligence and Analysis, shall submit to the congressional intelligence committees a report that— (1) examines the feasibility and advisability of including the budget request for all intel- ligence activities of each intelligence compo- nent of the Department that predominantly support departmental missions, as designated by the Under Secretary for Intelligence and Analysis, in the Homeland Security Intel- ligence Program; and (2) includes a plan to enhance the coordina- tion of department-wide intelligence activities to achieve greater efficiencies in the perform- ance of the Department of Homeland Security intelligence functions. (c) Intelligence component of the Department In this section, the term ‘‘intelligence compo- nent of the Department’’ has the meaning given that term in section 101 of this title. (Pub. L. 113–293, title III, § 324, Dec. 19, 2014, 128 Stat. 4004.) Editorial Notes CODIFICATION Section was enacted as part of the Intelligence Au- thorization Act for Fiscal Year 2015, and not as part of