10 U.S.C. § 6227 — Protection of certain nuclear facilities and assets from unmanned aircraft
submitted 1 year ago by Pub. L. 119-60 to r/title-10-ARMED-FORCES · 431 words · no verdicts yet
The Secretary of Energy may take specified actions against an unmanned aircraft or system that threatens the safety or security of a covered facility or asset. The actions include detection, warnings, disruption, seizure, confiscation, and reasonable force, subject to coordination with the Transportation Secretary and regulations or guidance.
(a) Authority. Despite title 18, the Secretary of Energy may take the actions in subsection (b)(1) needed to reduce a threat, as defined by the Secretary in consultation with the Transportation Secretary, that an unmanned aircraft system or unmanned aircraft poses to a covered facility or asset’s safety or security.
(b) Actions. (1) The Secretary may (A) detect, identify, monitor, and track the aircraft or system without prior consent, including by intercepting or otherwise accessing a wire, oral, or electronic communication used to control it; (B) warn its operator by passive or active, direct or indirect physical, electronic, radio, or electromagnetic means; (C) disrupt its control without prior consent, including by disabling it through interception, interference, or causing interference with control communications; (D) seize or control it; (E) seize or otherwise confiscate it; and (F) use reasonable force to disable, damage, or destroy it. (2) The Secretary must develop these actions in coordination with the Transportation Secretary.
(c) Forfeiture. An aircraft or system seized under subsection (a) is subject to forfeiture to the United States.
(d) Regulations. The Energy and Transportation Secretaries may issue regulations and must issue guidance within their respective areas to carry out this section.
(e) Definitions. “Covered facility or asset” means a U.S.-located facility or asset, including territories and possessions*, identified by the Energy Secretary for this section and either (i) owned by or contracted to the National Nuclear Security Administration*, including a facility storing or using special nuclear material, or (ii) a national security laboratory* or nuclear weapons production facility*. “Unmanned aircraft” and “unmanned aircraft system” have the meanings in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note). This section does not otherwise define those terms.
Notwithstanding any provision of title 18, the Secretary of Energy may take such actions described in subsection (b)(1) that are necessary to mitigate the threat (as defined by the Secretary of Energy, in consultation with the Secretary of Transportation) that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset.
The actions described in this paragraph are the following:
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, oral, or electronic communication used to control the unmanned aircraft system or unmanned aircraft.
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.
Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, 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.
Seize or exercise control of the unmanned aircraft system or unmanned aircraft.
Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft.
Use reasonable force to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft.
The Secretary of Energy shall develop the actions described in paragraph (1) in coordination with the Secretary of Transportation.
Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by the Secretary of Energy is subject to forfeiture to the United States.
The Secretary of Energy and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of each Secretary to carry out this section.
In this section:
The term “covered facility or asset” means any facility or asset that is—
identified by the Secretary of Energy for purposes of this section;
located in the United States (including the territories and possessions* of the United States); and
owned by or contracted to the National Nuclear Security Administration*, including any facility that stores or uses special nuclear material; or
a national security laboratory* or nuclear weapons production facility*.
The terms “unmanned aircraft” and “unmanned aircraft system” have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 401011 note).
Source credit: (Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(1)(E), (2)(B), 3114, Dec. 18, 2025, 139 Stat. 1406, 1462, 1464.)
- 2025Enacted · Pub. L. 119-60 · 139 Stat. 1406, 1462, 1464
A history note hasn’t been published yet. The record shows enactment by Pub. L. 119-60 on 2025-12-18.
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