Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act of 2023

This bill expands the authority of the Department of Homeland Security and the Department of Justice to detect, identify, monitor, track, and mitigate threats from unmanned aircraft systems (drones) to certain high-risk facilities and assets. It also creates a pilot program for state, local, tribal, and territorial law enforcement agencies to use similar mitigation authorities under federal oversight.

Sec. 2, Department of Homeland Security and Department of Justice unmanned aircraft system detection and mitigation enforcement authority: This section replaces existing law to define key terms like "covered facility or asset" (high-risk facilities related to missions of DHS, DOJ, Coast Guard, or designated state/local agencies) and "personnel" (authorized officers, employees, or contractors). It grants the Secretary of Homeland Security and the Attorney General authority to take actions to detect, identify, monitor, track, and mitigate credible drone threats to covered facilities or assets, overriding certain federal criminal and communications laws.

Sec. 2(c), Additional limited authority for detection, identification, monitoring, and tracking: This allows state, local, tribal, and territorial law enforcement agencies, DHS, DOJ, and airport or critical infrastructure owners/operators to use authorized equipment to detect, identify, monitor, or track drones within their areas of responsibility. Equipment must be tested and listed by DHS and approved by the FCC, NTIA, and FAA. Agencies must issue privacy policies and certify compliance annually.

Sec. 2(d), Pilot program for state, local, tribal, and territorial law enforcement: The Secretary and Attorney General may run a 5-year pilot program designating up to 12 state/local/tribal/territorial law enforcement agencies (with annual additions, up to 60 total) to take mitigation actions against credible drone threats to covered facilities or assets. Designations require concurrence from the Secretary of Transportation and can be revoked. The FCC may grant spectrum exemptions for these agencies. DHS and DOJ must report to Congress on the program's use and any privacy or civil liberties complaints.

Sec. 2(e), Actions described: Actions authorized under subsection (c) are limited to detecting, identifying, monitoring, and tracking drones during their operation. Actions under subsections (b) and (d) include mitigation as well.