50 USC 3515a - Authority regarding unmanned aircraft systems

U.S Code last checked for updates: Apr 01, 2026

§ 3515a.

Authority regarding unmanned aircraft systems

(a)

Authority to intercept

(b)

Authorized actions

(1)

Actions described to ensure safety and security

The actions described in this paragraph are the following:

(A)

During the operation of the unmanned aircraft system, detect, identify, monitor, and track the unmanned aircraft system, 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.

(B)

Warn the operator of the unmanned aircraft system, including by passive or active, and by direct or indirect, physical, electronic, radio, and electromagnetic means.

(C)

Disrupt control of the unmanned aircraft system, without prior consent, including by disabling the unmanned aircraft system by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system.

(D)

Seize or exercise control of the unmanned aircraft system.

(E)

Seize or otherwise confiscate the unmanned aircraft system.

(F)

Use reasonable force, if necessary, to disable, damage, or destroy the unmanned aircraft system.

(2)

Limitation on actions

(A)

Duration

(B)

Compliance

(c)

Guidance

(1)

Coordination and consultation

(A)

Coordination

(B)

Consultation

(2)

Requirements

The guidance under paragraph (1) shall include requirements that—

(A)

the Administrator of the Federal Aviation Administration advise on the types of activities covered by subsection (b)(1);

(B)

the Director contact the Administrator of the Federal Aviation Administration through the appropriate channel if practicable before, or otherwise as soon as practicable after (but not later than 24 hours after), carrying out an action described in subparagraphs (B) through (F) of subsection (b)(1);

(C)

the Director contact the Administrator of the Federal Aviation Administration through the appropriate channel before conducting research, testing, training, and evaluation under subsection (e); and

(D)

when taking an action described in subsection (b)(1), all due consideration is given to—

(i)

mitigating effects on privacy and civil liberties under the first and fourth amendments to the Constitution of the United States;

(ii)

mitigating damage to, or loss of, real and personal property; and

(iii)

mitigating any risk of personal injury or death.

(3)

Updates

(d)

Specially designated areas

(1)

List

The Director shall make available to the congressional intelligence committees and the recipients specified in paragraph (5) a list, which may be in classified form, of each area that the Director—

(A)

determines meets the criteria described in paragraph (4); and

(B)

designates as a specially designated area for purposes of this section.

(2)

Annual update

(3)

Emergency updates

(4)

Criteria described

The criteria described in this paragraph are the following:

(A)

The area is identified by the Director, in coordination with the Secretary of Transportation, with respect to potentially impacted airspace, through a risk-based assessment, as high-risk and a potential target for unlawful unmanned aircraft system-related activity.

(B)

The area consists of—

(i)

premises that—

(I)

are owned, leased, or controlled by the Agency or the Office of the Director of National Intelligence;

(II)

are not eligible for protection from threats from unmanned aircraft systems by another department or agency of the Federal Government that has authority to mitigate the threat of unmanned aircraft systems, including pursuant to section 130i of title 10; and

(III)

directly relate to one or more functions authorized to be performed by the Agency or the Office of the Director of National Intelligence under this chapter or the National Security Act of 1947 (50 U.S.C. 3001 et seq.);

(ii)

one or more perimeters adjacent to such premises, as designated by the Director, in coordination with the Secretary of Transportation, based on the specific type of action described in subsection (b)(1); and

(iii)

the airspace above the premises and perimeters covered by clauses (i) and (ii).

(C)

The airspace specified in subparagraph (B)(iii) is restricted by a temporary flight restriction or covered by a determination under section 2209 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44802 note) or any other similar restriction applicable to unmanned aircraft system overflights determined appropriate by the Secretary of Transportation.

(5)

Specified recipients of list

The designated recipients for purposes of this subsection are each of the following:

(A)

The chairs and ranking minority members of the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(B)

The chairs and ranking minority members of the Committees on the Judiciary of the House of Representatives and of the Senate.

(C)

The chairs and ranking minority members of the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.

(D)

The chairs and ranking minority members of the Committees on Appropriations of the House of Representatives and of the Senate.

(E)

For each committee specified in subparagraphs (A), (B), (C), and (D)—

(i)

two staff members of the committee who have the required security clearances and are designated by the chair; and

(ii)

two staff members of the committee who have the required security clearances and are designated by the ranking minority member.

(e)

Research, testing, training, and evaluation

(f)

Privacy protections

(1)

Requirement

Any interception or acquisition of, or access to, or maintenance or use of, information or communications to or from an unmanned aircraft system under this section shall be conducted—

(A)

in a manner consistent with the first and fourth amendments to the Constitution of the United States and applicable provisions of Federal law; and

(B)

only to the extent necessary to support an action described in subsection (b)(1) taken to carry out the authority provided in subsection (a).

(2)

Limit

In carrying out subsection (a), the Director may maintain records containing or regarding the content and dialing, signaling, routing, and addressing information associated with wire communications, oral communications, electronic communications, and radio communications, and may maintain parts or the whole of an unmanned aircraft system, only if—

(A)

such maintenance is for the purpose of mitigating a credible threat, as described in subsection (a), to safety or security of persons in a specially designated area; and

(B)

such maintenance does not exceed a period of 180 days unless—

(i)

the Director or the Attorney General determines a longer period—

(I)

is necessary to directly support an ongoing security operation of the Agency pursuant to subsection (a); or

(II)

is required to be maintained by the Agency under Federal law;

(ii)

the Director or the Attorney General has created a record before the end of such 180-day period providing the specific factual basis to support the determination based on the matters specified in either or both subclauses (I) and (II) of clause (i); and

(iii)

the Director is in compliance with the reporting requirements under subsection (g)(2)(B).

(3)

Destruction

(4)

Transfer

(A)

Authorized disclosure

Records or materials maintained under paragraph (2) may not be disclosed outside of the Agency or Department of Justice unless the Director or Attorney General determine that the disclosure of such records or materials—

(i)

is necessary to investigate or prosecute a violation of Federal law;

(ii)

is necessary to support the counter unmanned aircraft systems activities of another department or agency of the Federal Government with authority to mitigate the threat of unmanned aircraft systems;

(iii)

is necessary to comply with another provision of Federal law; or

(iv)

is necessary to comply with an obligation to preserve materials during the course of litigation.

(B)

Requirement for recipient agency

The recipient of records or materials pursuant to subparagraph (A) shall—

(i)

maintain the records or materials only for the purpose authorized under such subparagraph;

(ii)

disclose the records or materials only for a purpose authorized under such subparagraph; and

(iii)

destroy the records or parts or materials once such purpose no longer applies.

(5)

Certification

(A)

Agency

Each time the Director carries out subsection (a) by taking an action described in subparagraphs (C) through (F) of subsection (b)(1), the Director shall certify that the Director is in compliance with paragraphs (1) through (4) of this subsection. The Director may only delegate the authority to make such certification to—

(i)

the General Counsel or the Principal Deputy General Counsel; or

(ii)

the Director of Operations or the Deputy Director of Operations.

(B)

Retention

(g)

Notifications and reports

(1)

Department of Justice notification

(2)

Congressional reports

Not later than 90 days after December 18, 2025, and every 90 days thereafter, the Director shall make available to the congressional intelligence committees and the recipients specified in paragraph (3) a report that includes the following:

(A)

With respect to each action described in subparagraphs (B) through (F) of subsection (b)(1) taken to carry out subsection (a) during the period covered by the report, a description of—

(i)

the action taken;

(ii)

options considered by the Director to mitigate any identified effects to the national airspace system relating to such action, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals; and

(iii)

whether any harm, damage, or loss to a person or to private property resulted from such action.

(B)

A description of all records or materials that, as of the date of the report, are being maintained for a period exceeding 180 days pursuant to subsection (f)(2)(B), and a copy of each record created pursuant to clause (ii) of such subsection relating to such maintenance.

(C)

A copy of the guidance, policies, and procedures established by the Director in effect during the period covered by the report to address privacy, civil rights, and civil liberties issues implicated by actions taken by the Director in carrying out subsection (a).

(D)

Information on any violation of, or failure to comply with, this section during the period covered by the report, including a description of any such violation or failure.

(3)

Specified recipients of report

The designated recipients for purposes of paragraph (2) are each of the following:

(A)

Each member of the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(B)

Each member of the Committees on the Judiciary of the House of Representatives and of the Senate.

(C)

Each member of the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.

(D)

Each member of the Committees on Appropriations of the House of Representatives and of the Senate.

(E)

For each committee specified in subparagraphs (A), (B), (C), and (D)—

(i)

five staff members of the committee who have the required security clearances and are designated by the chair; and

(ii)

five staff members of the committee who have the required security clearances and are designated by the ranking minority member.

(h)

Forfeiture and tort claims

(1)

Forfeiture

(A)

Subject to forfeiture

(B)

Application

(2)

Tort claims

(i)

Rules of construction

Nothing in this section may be construed as—

(1)

affecting the restrictions in section 1805(g) of this title;

(2)

vesting in the Director any authority of the Secretary of Transportation, the Secretary of Defense, or the Administrator of the Federal Aviation Administration;

(3)

vesting in the Secretary of Transportation, the Secretary of Defense, or the Administrator any authority of the Director;

(4)

creating a new cause of action or any new rights, or waiving any defenses, that do not otherwise exist in law as of December 18, 2025;

(5)

authorizing any official of a department or agency of the Federal Government to conduct any search or seizure in a manner that violates the fourth amendment to the Constitution of the United States; or

(6)

authorizing any actions that violate any provision of the Constitution of the United States, including the first and fourth amendments.

(j)

Budget

(k)

Commencement of authority

(l)

Suspension of authority

(m)

Termination

(n)

Definitions

In this section:

(1)

Congressional intelligence committees

(2)

Radio communication

(3)

Specially designated area

(4)

Title 18 terms

(5)

United States

(6)

Unmanned aircraft system

(June 20, 1949, ch. 227, § 15A, as added Pub. L. 119–60, div. F, title LXV, § 6502(b), Dec. 18, 2025, 139 Stat. 1620.)

cite as: 50 USC 3515a