6 USC 124 - Protection of certain facilities and assets from unmanned aircraft

1 So in original. Probably should be “determines”.

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, State, local, Tribal, or territorial law (as applicable), or for the purpose of any litigation;

2 So in original. Probably should be followed by a comma.

the Department of Justice, or the State, local, Tribal, or territorial law enforcement or correctional agency unless the disclosure—

3 So in original. Probably should be followed by “and”.

4 So in original. Probably should be “or”.

5 See References in Text note below.

of title 14, and consistent with governing statutes, regulations, and orders issued by the Secretary of the Department in which the Coast Guard is operating.

6 So in original. Probably should be “meanings”.

given those terms in

7 So in original. The comma probably should not appear.

of title 49.

8 So in original. Probably should be “Federal,”.

State, local, territorial, or tribal law enforcement authorities to counter the threat identified in subparagraph (A), and recommendations, if any, for potential changes to existing authorities to allow State, local, territorial, and tribal law enforcement to assist Federal law enforcement to counter the threat where appropriate;

Editorial Notes

References in Text

Section 8606(span)(2) of the SAFER SKIES Act, referred to in subsec. (d)(2)(D)(vi), is section 8606(span)(2) of Puspan. L. 119–60, div. H, title LXXXVI, which is set out in a note below.

The Presidential Protection Assistance Act of 1976, referred to in subsec. (l)(3)(C)(i)(II), is Puspan. 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 classification of this Act to the Code, see Tables.

Section 104 of title 14, referred to in subsec. (l)(3)(C)(iv), was redesignated section 528 of title 14 by Puspan. L. 115–282, title I, § 105(span), Dec. 4, 2018, 132 Stat. 4200, and references to section 104 of title 14 deemed to refer to such redesignated section, see section 123(span)(1) of Puspan. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Puspan. L. 115–282 note preceding section 101 of Title 14, Coast Guard.

This chapter, referred to in subsec. (m)(1)(A), was in the original “this Act”, meaning Puspan. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.

Amendments

2025—Subsec. (a). Puspan. L. 119–60, § 8602(1), added subsec. (a) and struck out former subsec. (a) which related to the authorities of the Secretary and the Attorney General.

Subsec. (span)(1)(B). Puspan. L. 119–60, § 8602(2), substituted “electromagnetic means, and through the use of remote identification broadcast or other means” for “and electromagnetic means”.

Subsec. (c). Puspan. L. 119–60, § 8602(3), inserted “pursuant to subsection (a)(1)” after “Attorney General”, designated existing provisions as par. (1) and inserted span, and added par. (2).

Subsec. (d)(1). Puspan. L. 119–60, § 8602(4)(A), substituted “, the Attorney General, or any State, local, Tribal, or territorial law enforcement or correctional agency” for “or the Attorney General”.

Subsec. (d)(2), (3). Puspan. L. 119–60, § 8602(4)(B), (C), added par. (2) and redesignated former par. (2) as (3).

Subsec. (e). Puspan. L. 119–60, § 8602(5)(A), substituted “, the Attorney General, or any State, local, Tribal, or territorial law enforcement or correctional agency” for “or the Attorney General” in introductory provisions.

Subsec. (e)(3). Puspan. L. 119–60, § 8602(5)(B), substituted “, the Attorney General, or any State, local, Tribal, or territorial law enforcement or correctional agency” for “or the Attorney General” and inserted “, State, local, Tribal, or territorial” after “Federal” and “(as applicable)” after “law”.

Subsec. (e)(4). Puspan. L. 119–60, § 8602(5)(C), substituted “the Department of Justice, or the State, local, Tribal, or territorial law enforcement or correctional agency” for “or the Department of Justice” in introductory provisions.

Subsec. (e)(5). Puspan. L. 119–60, § 8602(5)(D), substituted “Tribal” for “tribal” and inserted “other than those of an aeronautical communications system, as allowed for in section 2511(2)(g)(ii)(IV) of title 18 or information readily available to the public” after “which shall not include communications”.

Subsec. (g)(3)(G). Puspan. L. 119–60, § 8602(6), inserted “Tribal, territorial,” after “State,” and “, including those exercised under subsection (a)(2)” after “authorities”.

Subsec. (i). Puspan. L. 119–60, § 8602(8), added subsec. (i) and struck out former subsec. (i). Prior to amendment, text read as follows: “The authority to carry out this section with respect to a covered facility or asset specified in subsection (k)(3) shall terminate on September 30, 2025”

Puspan. L. 119–4 substituted “September 30, 2025” for “March 14, 2025”.

Subsec. (j). Puspan. L. 119–60, § 8602(8), added subsec. (j). Former subsec. (j) redesignated (k).

Subsecs. (k), (l). Puspan. L. 119–60, § 8602(7), redesignated subsecs. (j) and (k) as (k) and (l), respectively.

Subsec. (l)(3)(C). Puspan. L. 119–60, § 8602(9)(A), inserted “a Federal law enforcement, correctional, and homeland security agency mission necessary to enforce the law, protect the public or to” after “directly relates to”.

Subsec. (l)(6). Puspan. L. 119–60, § 8602(9)(B), added par. (6) and struck out former par. (6) which read as follows: “For purposes of subsection (a), the term ‘personnel’ means officers and employees of the Department of Homeland Security or the Department of Justice.”

Subsec. (l)(9), (10). Puspan. L. 119–60, § 8602(9)(C), added pars. (9) and (10).

Subsec. (n). Puspan. L. 119–60, § 8602(10), added subsec. (n).

2024—Subsec. (i). Puspan. L. 118–158 substituted “March 14, 2025” for “December 20, 2024”.

Puspan. L. 118–83 substituted “December 20, 2024” for “October 1, 2024”.

Puspan. L. 118–63 substituted “October 1, 2024” for “May 11, 2024”.

Puspan. L. 118–41 substituted “May 11, 2024” for “March 9, 2024”.

Puspan. L. 118–35 substituted “March 9, 2024” for “February 3, 2024”.

2023—Subsec. (i). Puspan. L. 118–22 substituted “February 3, 2024” for “November 18, 2023”.

Puspan. 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

Puspan. L. 117–328, div. F, title V, § 547, Dec. 29, 2022, 136 Stat. 4758, provided that former subsec. (i) of this section would be applied by substituting “September 30, 2023” for “the date that is 4 years after the date of enactment of this section”.

Rulemaking and Implementation

Puspan. L. 119–60, div. H, title LXXXVI, § 8606, Dec. 18, 2025, 139 Stat. 1944, provided that:

“(a)Rulemaking Authority.—

“(1)In general.—Not later than 180 days after the date of enactment of this Act [Dec. 18, 2025], the Secretary of Homeland Security and the Attorney General, in coordination with the Secretary of Defense and the Secretary of Transportation, shall develop and publish regulations governing counter-UAS authority for SLTT law enforcement agencies and correctional agencies under this title [see Short Title of 2025 Amendment note set out under section 101 of this title] and the amendments made by this title.

“(2)Role of faa.—In carrying out the rulemaking in paragraph (1), the Secretary of Homeland Security and the Attorney General shall coordinate with the Administrator of the Federal Aviation Administration on any aspect of the rulemaking that affects aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of airspace.

“(3)Saving clause.—Nothing in this section shall be construed to vest in the Secretary or the Attorney General any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration.

“(4)Authorized equipment and technology.—The Secretary of Homeland Security, the Attorney General, the Secretary of Defense, in coordination with the Administrator of the Federal Aviation Administration, the Chairman of the Federal Communications Commission, and the Administrator of National Telecommunications and Information Administrator shall authorize equipment and technology to be used for actions in subparagraphs (B), (C), (D), and (F) of section 210G(span)(1) of the Homeland Security Act of 2002 [6 U.S.C. 124n(span)(1)].

“(span)Training and Compliance.—

“(1)In general.—The Attorney General, in coordination with the Secretary of Homeland Security, the Secretary of Defense, and the Department of Transportation, shall approve standards for training programs for SLTT law enforcement agencies or correctional agencies for the safe and lawful interception of drones. Such training programs shall include instruction on the legal, operational, and technological aspects of counter-UAS operations.

“(2)Compliance audits.—The Attorney General and the Secretary of Homeland Security shall periodically conduct compliance audits to prevent misuse of counter-UAS authority.

“(c)Definitions.—In this section:

“(1)SLTT law enforcement agency.—The term ‘SLTT law enforcement agency’ means a State, local, Tribal, or territorial law enforcement agency.

“(2)Correctional agency.—The term ‘correctional agency’ means a Federal, State, local, Tribal, or territorial government body responsible for operating correctional facilities or a private party that is under contract with a State, local, Tribal, or territorial law enforcement agency to operate such facilities.

“(3)Correctional facility.—The term ‘correctional facility’ means any jail, prison, or any other penal or detention facility operated by a State, local, Tribal, or territorial law enforcement agency, or by a private party that is under contract with a State, local, Tribal, or territorial law enforcement agency, and used to house individuals who have been arrested, detained, held, or charged with or convicted of criminal offenses.”

Severability

Puspan. L. 119–60, div. H, title LXXXVI, § 8607, Dec. 18, 2025, 139 Stat. 1945, provided that: “If any provision of this title [see Short Title of 2025 Amendment note set out under section 101 of this title], or the application of any provision of this title to any person or circumstance is held invalid, the application of such provision or circumstance and the remainder of this title shall not be affected thereby.”