Text of Senate Amendment 6631

On 2026-07-13, Senator Ron Johnson (R-WI) delivered a floor speech titled "Text Of Senate Amendment 6631" in the Senate.

Text of Senate Amendment 6631

Congressional Record, Volume 172 Issue 113 (Monday, July 13, 2026) [Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)] [Senate] [Pages S3832-S3834] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6631. Mr. JOHNSON submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle G of title X, add the following: SEC. 1094. COUNTERING EMERGING AERIAL THREATS TO DIPLOMATIC SECURITY. Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2561a et seq.) is amended by adding at the end the following: ``SEC. 66. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED AIRCRAFT. ``(a) Definitions.--In this section: ``(1) The term `appropriate committees of Congress' means-- ``(A) the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate; and ``(B) the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence of the House of Representatives. ``(2) The term `budget', with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31, United States Code. ``(3) The term `covered facility or asset' means any facility or asset that-- ``(A) is identified as high-risk and a potential target for unlawful unmanned aircraft activity by the Secretary of State, in coordination with the Secretary of Transportation with respect to potentially impacted airspace, through a risk-based assessment; ``(B) is located in the United States; and ``(C) directly relates to the security or protection operations of the Department of State, including operations pursuant to-- ``(i) section 37; or ``(ii) the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4801 et seq.). ``(4) The terms `electronic communication', `intercept', `oral communication', and `wire communication' have the meanings given those terms in section 2510 of title 18, United States Code. ``(5)(A) The term `personnel' means-- ``(i) an officer, employee, or contractor of the Department of State, who is authorized to perform duties that include safety, security, or protection of people, facilities, or assets; or ``(ii) an employee who is trained and certified to perform those duties, including training specific to countering unmanned aircraft threats and mitigating risks in the national airspace. ``(B) To qualify for use of the authorities described in subsection (b), a contractor conducting operations described in that subsection must-- ``(i) be directly contracted by the Department of State; ``(ii) provide, in the contract, insurance coverage sufficient to compensate tort victims; ``(iii) operate at a government-owned or government-leased facility or asset; ``(iv) not conduct inherently governmental functions; ``(v) be trained to safeguard privacy and civil liberties; and ``(vi) be trained and certified, including use-of-force training and certification, by the Department of State to meet the established standards and regulations of the Department of State. ``(6) The term `risk-based assessment' means an evaluation of threat information specific to a covered facility or asset and, with respect to potential 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 [[Page S3833]] asset identified by the Secretary of State, of each of the following factors: ``(A) Potential impacts to safety, efficiency, and use of the national airspace system, including potential effects on manned aircraft and unmanned aircraft systems or unmanned aircraft, aviation safety, airport operations, infrastructure, and air navigation services relating to the use of any system or technology for carrying out the actions described in subsection (c). ``(B) Options for mitigating any identified impacts to the national airspace system relating to the use of any system or technology, including minimizing, when possible, the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (c). ``(C) Potential consequences of the impacts of any actions taken under subsection (c) to the national airspace system and infrastructure if not mitigated. ``(D) The ability to provide reasonable advance notice to aircraft operators consistent with the safety of the national airspace system and the needs of law enforcement and national security. ``(E) The setting and character of any covered facility or asset, including-- ``(i) whether the covered facility or asset is located in a populated area or near other structures; ``(ii) whether the covered facility or asset is open to the public; ``(iii) whether the covered facility or asset is used for nongovernmental functions; and ``(iv) any potential for interference with wireless communications or for injury or damage to persons or property. ``(F) Potential consequences to national security, public safety, or law enforcement if threats posed by unmanned aircraft systems or unmanned aircraft are not mitigated or defeated. ``(7) The terms `unmanned aircraft' and `unmanned aircraft system' have the meanings given those terms in section 44801 of title 49, United States Code. ``(b) Authority of the Department of State.-- Notwithstanding section 46502 of title 49, United States Code, or sections 32, 1030, 1367, and chapters 119 and 206 of title 18, United States Code, the Secretary of State may take, and may authorize personnel with assigned duties that include the safety, security, or protection of people, facilities, or assets to take, actions described in subsection (c) that are necessary to detect, identify, monitor, track, and mitigate a credible threat (as defined by the Secretary of State, in consultation with the Secretary of Transportation through the Administrator of the Federal Aviation Administration) that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset. ``(c) Actions Described.-- ``(1) In general.--The actions authorized by subsection (b) are the following: ``(A) During the operation of the unmanned aircraft system or unmanned aircraft, detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, 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 aircraft. ``(B) Warn the operator of the unmanned aircraft system or unmanned aircraft, including by passive or active, and direct or indirect, physical, electronic, radio, and electromagnetic means. ``(C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent of the operator of the unmanned aircraft system or unmanned aircraft, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned aircraft. ``(D) Seize or exercise control of the unmanned aircraft system or unmanned aircraft. ``(E) Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft. ``(F) Use reasonable force, if necessary, to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft. ``(2) Temporary flight restrictions.--A temporary flight restriction shall be timely published prior to undertaking any actions described in paragraph (1). ``(d) Research, Testing, Training, and Evaluation.-- ``(1) Requirement.-- ``(A) In general.--Notwithstanding section 46502 of title 49, United States Code, or any provision of title 18, United States Code, the Secretary of State shall conduct research, testing, training on, and evaluation of any equipment, including any electronic equipment, to determine the capability and utility of the equipment prior to the use of the equipment in carrying out any action described in subsection (c). ``(B) Coordination.--Personnel and contractors who do not have duties that include the safety, security, or protection of people, facilities, or assets may engage in research, testing, training, and evaluation activities pursuant to subparagraph (A). ``(2) Coordination for research, testing, training, and evaluation.--The Secretary of State shall coordinate procedures governing research, testing, training, and evaluation to carry out any provision under this subsection with the Administrator of the Federal Aviation Administration before initiating such activity in order that the Administrator of the Federal Aviation Administration may ensure the activity does not adversely impact or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system. ``(e) Forfeiture.--Any unmanned aircraft system or unmanned aircraft that is seized by the Secretary of State pursuant to subsection (b) is subject to forfeiture to the United States pursuant to the provisions of chapter 46 of title 18, United States Code. ``(f) Regulations and Guidance.--The Secretary of State, and the Secretary of Transportation-- ``(1) may prescribe regulations to carry out this section; and ``(2) in developing regulations described in paragraph (1), consult the