H.R. 8610 — what changed

Section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n) is amended—

“(2) Coordination

“(A) In general—The Secretary and the Attorney General shall coordinate with the Secretary of Transportation in carrying out the actions described in paragraph (1).

“(B) Determination by Administrator of Federal Aviation Administration—Before the Secretary and the Attorney General may take or authorize the taking of an action under this section, the Administrator of the Federal Aviation Administration shall determine if such action would result in an adverse impact on aviation safety, civil aviation and aerospace operations, aircraft airworthiness, or the use of the national airspace system. If the Administration determines such action would not result in such an adverse impact, the Secretary and the Attorney General may take or authorize the taking of such action. If the Administrator determines such action would result in such an adverse impact, the Secretary and the Attorney General shall coordinate with the Administrator to take any necessary action to ensure that such an adverse impact can be sufficiently mitigated.

“(3) Research, testing, training, and evaluation

“(A) In general—The Secretary, the Attorney General, and the Secretary of Transportation may conduct research on, testing on, training on, and evaluation of equipment, including electronic equipment, and technology to determine the capability and utility of such equipment or technology for any action described in paragraph (1), including prior to the initial use of such equipment or technology.

“(B) Coordination—The Secretary, the Attorney General, and the Secretary of Transportation shall coordinate activities under this paragraph and mutually share data and results from such activities.

“(4) List of authorized equipment and technologies

changed “(A) List—Not later than 1 year after the date of the enactment of the Counter-UAS Authority Security, Safety, and Reauthorization Act, the Secretary, in coordination with the Attorney General and the Administrator of the Federal Aviation Administration, shall maintain a list of approved makes and models of counter-UAS detection and mitigation systems, equipment, and technology. Such list shall include the following:

“(i) A description of the specific detection or mitigation functions of each such system, equipment, or technology that enable each such system, equipment, or technology to carry out an action described in paragraph (1).

“(ii) Whether each such system, equipment, or technology is authorized for an action described in subparagraph (A), (B), (C), or (D) of paragraph (1).

“(iii) Any conditions or restrictions generally applicable to the use, location, or positioning of each such system, equipment, or technology, including whether and how each such system, equipment, or technology may be suitable for use in terminal airspace.

“(B) Impact determination by Administrator—A counter-UAS detection or mitigation system, equipment, or technology may not be included on the list maintained under subparagraph (A) unless the Administrator of the Federal Aviation Administration makes a written determination that—

“(i)

“(I) the system, equipment, or technology meets any applicable minimum performance requirements as described in section 44810(e) of title 49, United States Code; and

“(II) the use of such system, equipment, or technology does not present an adverse impact on aviation safety, civil aviation and aerospace operations, aircraft airworthiness, or the use of the national airspace system; or

“(ii) in the event the Administrator identifies such an adverse impact from such system, equipment, or technology, such an adverse impact can be sufficiently mitigated and the mitigation activities are described in the list maintained under subparagraph (A) or in a manner determined by the Administrator.

“(C) Spectrum impact consultation—The Secretary, the Attorney General, and the Administrator of the Federal Aviation Administration shall consult with the Federal Communications Commission or the Administrator of the National Telecommunications and Information Administration, as appropriate, to determine whether the use of a counter-UAS detection or mitigation system, equipment, or technology on the list maintained under subparagraph (A)—

“(i) does not present an adverse impact on civilian telecommunications, communications spectrum, internet technology, or radio communications networks or systems; or

“(ii) in the event that such an adverse impact is identified, such impact can be sufficiently mitigated, or the system, equipment, or technology is excluded from the list maintained under subparagraph (A) until such an adverse impact is sufficiently mitigated.

“(D) Limitation on inclusion of counter-UAS systems manufactured by certain foreign enterprises

“(i) Limitation—The Secretary may not include on the list maintained under subparagraph (A) a counter-UAS detection and mitigation systems, equipment, and technology, manufactured or developed by a covered manufacturer.

“(ii) International agreements—This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements in effect as of the date of enactment of the Counter-UAS Authority Security, Safety, and Reauthorization Act.

“(iii) Authorized utilization—Upon the inclusion of a counter-UAS detection or mitigation system, equipment, or technology on the list maintained under subparagraph (A), the Secretary and the Attorney General may utilize such system, equipment, or technology for any action described in paragraph (1).

“(iv) Exception—The Secretary of Homeland Security is exempt from the limitation under this subsection if the Secretary determines that the operation or procurement of such system is for the sole purpose of research, evaluation, training, testing, or analysis.

“(v) Definitions—In this subparagraph:

“(I) Covered manufacturer—The term “covered manufacturer” means an entity that is owned by, controlled by, is a subsidiary of, or is otherwise related legally or financially to, a person based in a country that—

changed “(aa) is identified as a nonmarket economy country (as defined in section 771 of the Tariff Act of 1930 (19 U.S.C. 1677)) as of the date of the enactment of the Counter-UAS Authority Security, Safety, and Reauthorization Act;

“(bb) was identified by the United States Trade Representative in the most recent report required under section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority foreign country under subsection (a)(2) of such section; and

“(cc) is subject to monitoring by the United States Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).

“(II) Otherwise related legally or financially—The term “otherwise related legally or financially” does not include a minority stake relationship or investment.

“(E) Rule of construction—Nothing in this paragraph may be construed to prevent the Secretary, the Attorney General, or the Administrator of the Federal Aviation Administration from exercising any authority to counter unmanned aircraft systems in effect prior to the date of enactment of the Counter-UAS Authority Security, Safety, and Reauthorization Act.”

“(2) Coordination—The Secretary, the Secretary of Transportation, and the Attorney General shall coordinate to develop their respective regulations and guidance under paragraph (1) before issuing any such regulation or guidance.”

“(3) records of such communications are disposed of immediately following an action described in subsection (b)(1) to mitigate a credible threat referred to in subsection (a), except that if the Secretary or the Attorney General determines that maintenance of such records is necessary to investigate or prosecute a violation of law is required by Federal law or for the purpose of litigation, such records may be maintained for not more than 90 days;”

“(2) Content—Each briefing required under paragraph (1) shall include the following:

“(A) The number of instances and a description of each instance in which actions described in subsection (b)(1) have been taken, including all such instances that—

“(i) equipment, system, or technology disrupted the transmission of radio or electronic signals, including and disaggregated by whether any such disruption was minimized;

“(ii) may have resulted in harm, damage, or loss to a person or to private property, including and disaggregated by whether any such harm, damage, or loss was minimized;

“(iii) resulted in successful seizure, exercise of control, or confiscation under subsection (b)(1)(D); or

“(iv) required the use of reasonable force under subsection (b)(1)(E).

“(B) The frequency and nature of instances in which communications were intercepted or acquired during the course of actions described in subsection (b)(1), including the following:

“(i) The approximate number and nature of incriminating communications intercepted.

“(ii) The approximate number and nature of other communications intercepted.

“(C) The total number of instances in which records of communications intercepted or acquired during the course of actions described in subsection (b)(1) were—

“(i) shared with the Department of Justice or another Federal law enforcement agency, including a list of receiving Federal law enforcement agencies; or

“(ii) maintained for more than 90 days.

“(D) The number of instances and a description of each instance in which the Secretary, Secretary of Transportation, or the Attorney General have engaged with Federal, State, or local law enforcement agencies to implement the authority under this section, including the number of instances that resulted in a criminal investigation or litigation.

“(E) Information on the on the implementation of paragraphs (3) and (4)(A) of subsection (b), including regarding equipment or technology, including electronic equipment to address emerging trends and changes in unmanned aircraft system or unmanned aircraft system-related security threats.”

changed “(i) Termination—The authority under this section shall terminate on October 1, 2028.”2029.”

changed “(IV) the security or protection functions for facilities, assets, and operations of Homeland Security Investigations; or.or

“(V) the security and protection of public airports (as such term is defined in section 47102 of title 49, United States Code) under section 7 of the Counter-UAS Authority Security, Safety, and Reauthorization Act;”

“(l) Annual report—Not later than 1 year after the date of enactment of the Counter-UAS Authority Security, Safety, and Reauthorization Act, and annually thereafter, the Secretary, in coordination with the Secretary of Transportation and the Attorney General, shall submit to the appropriate congressional committees a report that contains the following:

“(1) The information required under subsection (g)(2).

“(2) A description of any guidance, policies, programs, and procedures to mitigate or eliminate any adverse impact of the activities carried out pursuant to this section, or the use of any counter-UAS detection or mitigation system, equipment, or technology, on aviation safety, civil aviation and aerospace operations, aircraft airworthiness, or the use of the national airspace system.

“(3) A description of the guidance, policies, programs, and procedures established to address privacy, civil rights, and civil liberties issues implicated by the activities carried out pursuant to this section.”

“(m) Counter-UAS system training—The Attorney General, in coordination with the Secretary of Homeland Security (acting through the Director of the Federal Law Enforcement Training Centers) may—

“(1) provide training relating to measures to take the actions described in subsection (b)(1); and

changed “(2) establish or designate one 1 or more facilities or training centers for the purpose described in paragraph (1).

“(n) Counter-UAS detection and mitigation system operator qualification and training criteria

“(1) In general—The Secretary and Attorney General, in coordination with the Administrator of the Federal Aviation Administration, shall establish standards for initial and recurring training programs or certifications for individuals seeking to operate counter-UAS detection and mitigation systems, equipment, or technology.

“(2) Training criteria—In carrying out paragraph (1), the Secretary and the Attorney General shall, at a minimum—

“(A) consider the potential impacts of such systems, equipment, or technology to aviation safety, civil aviation and aerospace operations, aircraft airworthiness, or the civilian use of airspace, and appropriate actions to maintain aviation safety, as determined by the Administrator;

“(B) establish interagency coordination requirements prior to deployment of such systems, equipment, or technology; and

“(C) establish the frequency at which an individual authorized to operate counter-UAS detection and mitigation systems, equipment, or technology shall complete and renew such training or certification.”

“44810. Counter-UAS activities

“(a) Authority

changed “(1) In general—The Administrator of the Federal Aviation Administration may take such actions as described in paragraph (2) that are necessary to—

“(A) detect or mitigate a credible threat (as defined by the Secretary of Homeland Security and Attorney General, in consultation with the Administrator) that an operation of an unmanned aircraft or an unmanned aircraft system poses to the safe and efficient operation of the national airspace system; or

“(B) test or evaluate the potential adverse impacts or interference of a counter-UAS detection or mitigation system, equipment, or technology on or with safe airport operations, aircraft navigation, air traffic services, or the safe and efficient operation of the national airspace system.

“(2) Authorized actions—In carrying out paragraph (1), the Administrator may take the following actions:

“(A) Detect, identify, monitor, and track an unmanned aircraft system or unmanned aircraft, without prior consent from the operator of such system or aircraft, 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.

“(B) Contact or warn the operator of an unmanned aircraft system of a potential counter-UAS action authorized under this subsection.

“(C) Seize, exercise control of, or otherwise confiscate an unmanned aircraft system or unmanned aircraft.

“(D) Disrupt control of, disable, damage, or destroy an unmanned aircraft or unmanned aircraft system, including by means of intercept or other access of a wire, oral, or electronic communication used to control the unmanned aircraft or unmanned aircraft system.

“(b) Applicability of other laws

“(1) In general—Section 46502 of this title or sections 32, 1030, and 1367 and chapters 119 and 206 of title 18 shall not apply to activities authorized by the Administrator pursuant to this section.

“(2) Privacy protection—In implementing the requirements of this section, the Administrator, in coordination with the Attorney General and Secretary of Homeland Security, shall ensure that—

“(A) the interception or acquisition of, or access to, or maintenance or use of, communications to or from an unmanned aircraft system under this section is conducted in a manner consistent with the First and Fourth Amendments to the Constitution of the United States and applicable provisions of Federal law;

“(B) communications to or from an unmanned aircraft system are intercepted or acquired only to the extent necessary to support an action as described under subsection (a)(2);

“(C) records of such communications are disposed of immediately following herein authorized activity to mitigate a credible threat, unless the Administrator, the Secretary of Homeland Security, or the Attorney General determine that maintenance of such records—

“(i) is necessary to investigate or prosecute a violation of law;

“(ii) would directly support the Department of Defense, a Federal law enforcement agency, or the enforcement activities of a regulatory agency of the Federal Government in connection with a criminal or civil investigation of, or any regulatory, statutory, or other enforcement action relating to an action described in subsection (a)(2);

“(iii) is between the Secretary of Homeland Security and the Attorney General in the course of a security or protection operation of either agency or a joint operation of such agencies; or

“(iv) is otherwise required by law; and

“(D) to the extent necessary, the Secretary of Homeland Security and the Attorney General are authorized to share threat information, which shall not include communications described in this subsection, with State, local, territorial, or tribal law enforcement agencies in the course of a security or protection operation.

“(c) Office of Counter-UAS Activities

“(1) In general—There is established within the Federal Aviation Administration an Office of Counter-UAS Activities for purposes of managing and directing the counter-UAS activities of the Administration.

“(2) Director—The Administrator shall designate a Director of Counter-UAS Activities, who shall be the head of the Office.

“(3) Duties—In carrying out the activities described in paragraph (1), the Director shall—

“(A) coordinate with other offices of the Administration to ensure that such activities do not adversely impact aviation safety or the efficiency of the national airspace system;

“(B) lead the development and implementation of counter-UAS activity strategic planning within the Federal Aviation Administration; and

“(C) serve as the Administration’s primary point of contact for coordinating counter-UAS activities, including such activities of—

“(i) Federal and State agencies;

“(ii) covered airports; and

“(iii) other relevant stakeholders; and

“(D) carry out other such counter-UAS activities as the Administrator may prescribe.

“(d) Interagency coordination

“(1) In general—The Administrator shall coordinate with the Secretary of Homeland Security and the Attorney General to carry out this section, subject to any restrictions of the Secretary or Attorney General’s authority to acquire, deploy, and operate counter-UAS systems, equipment, or technology.

“(2) Non-delegation—Nothing under this section shall permit the Administrator to delegate any authority granted to the Administrator to any other Federal agency.

“(e) Counter-UAS detection and mitigation system performance requirements

changed “(1) In general—The general—Not later than 270 days after the date of enactment of the Counter-UAS Authority Security, Safety, and Reauthorization Act, the Administrator, in coordination with the Secretary and the Attorney General, shall establish minimum performance requirements for the safe and reliable deployment or use of counter-UAS detection and mitigation systems, equipment, and technology within the national airspace system.

“(2) Considerations

“(A) Aviation safety—In establishing minimum performance requirements under paragraph (1), the Administrator shall—

“(i) leverage data collected in testing and evaluation activities conducted under this section and any other relevant testing and evaluation data determined appropriate by the Administrator;

“(ii) determine the extent to which a counter-UAS detection or mitigation system, equipment, or technology can safely operate without disrupting or interfering with the operation of aircraft or other national airspace system users; and

“(iii) establish specific requirements for the deployment and use of such systems, equipment, or technology in terminal airspace.

“(B) Efficacy—In establishing minimum performance requirements under subsection (a), the Administrator shall consider criteria, as determined by the Secretary of Homeland Security, to determine the degree to which counter-UAS detection and mitigation systems, equipment, or technology reliable and effective in detecting or mitigating unauthorized unmanned aircraft system operations independent of data or information provided by the system manufacturer of such unmanned aircraft system.

“(C) Other interference—In establishing minimum performance requirements under subsection (a), the Administrator shall consider criteria, as determined by the Federal Communications Commission, to determine the extent to which counter-UAS detection and mitigation systems, equipment, or technology can be safely operated without disrupting or interfering with the operation of civilian communications and information technology networks and systems, including such networks and systems that rely on radio frequency or cellular network communications links.

“(3) Demonstration—The Administrator shall develop a standardized process by which a manufacturer or end-user of a counter-UAS detection or mitigation system, equipment, or technology may demonstrate that such system, equipment, or technology meets the requirements established pursuant to paragraph (1), which may include validation by an independent third party.

added “(4) Rule of construction—Nothing in paragraph (1) shall require the Administrator to conduct a rulemaking in publishing minimum performance requirements under such paragraph.

“(f) Counter-UAS system testing, evaluation, and validation

“(1) Evaluation and validation—The Administrator may conduct such testing, evaluation, and validation of counter-UAS detection and mitigation systems, equipment, and technology as necessary to ensure—

“(A) such systems, equipment, and technology will not have an adverse impact on the safe and efficient operation of the national airspace system or transportation safety; and

“(B) such systems, equipment, and technology meet minimum performance requirements under subsection (e).

“(2) Testing and training—Prior to the commencement of any training or testing of counter-UAS systems, equipment, and technology used for detection or mitigation purposes, an agreement shall be established between the testing or training entity and the Administrator to ensure aviation safety.

“(3) Airspace hazard mitigation program

“(A) Testing program—In order to test and evaluate counter-UAS systems, equipment, or technology that detect or mitigate potential aviation safety risks posed by unmanned aircraft, the Administrator shall deploy such systems or technology at 5 airports, as appropriate, and any other location the Administrator determines appropriate.

“(B) Testing and evaluation—Notwithstanding section 46502 or sections 32, 1030, 1367 and chapters 119 and 206 of title 18, the Administrator of the Federal Aviation Administration may conduct testing and evaluation of any counter-UAS detection or mitigation system, equipment, or technology to assess potential impacts on, or interference with, safe airport operations, aircraft and air traffic navigation, air traffic services, or the safe and efficient operation of the national airspace system.

“(C) Coordination—In carrying out this paragraph, the Administrator shall coordinate with the Secretary of Homeland Security and the head of any other Federal agency that the Administrator considers appropriate.

“(g) Limitations on operation of counter-UAS systems manufactured by certain foreign enterprises

“(1) Limitation—Notwithstanding any other provision of this section, the Administrator may not acquire, deploy, or operate, or authorize the acquisition, deployment, or operation of, a counter-UAS system or any associated elements, including software, manufactured or developed by a covered manufacturer.

“(2) International agreements—This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements in place on the date of enactment of the Counter-UAS Authority Security, Safety, and Reauthorization Act.

“(3) Exception—The Secretary of Transportation is exempt from the limitation under this subsection if the Secretary determines that the operation or procurement of such system supports the safe, secure, or efficient operation of the national airspace system or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence Center of Excellence, FAA-authorized unmanned aircraft systems test ranges, and any other testing and evaluation activity deemed to support the safe, secure, or efficient operation of the national airspace system or maintenance of public safety, as determined by the Secretary.

“(4) Definitions—In this subsection:

“(A) Covered manufacturer—The term “covered manufacturer” means an entity that is owned by, controlled by, is a subsidiary of, or is otherwise related legally or financially to, a person based in a country that—

“(i) is identified as a nonmarket economy country (as defined in section 771 of the Tariff Act of 1930 (19 U.S.C. 1677)) as of the date of enactment of the Counter-UAS Authority Security, Safety, and Reauthorization Act;

“(ii) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority foreign country under subsection (a)(2) of that section; and

“(iii) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).

“(B) Otherwise related legally or financially—The term “otherwise related legally or financially” does not include a minority stake relationship or investment.

“(h) Briefings

“(1) Semiannual briefings and notifications

“(A) In general—The Administrator shall provide the specified committees of Congress a briefing not less than once every 6 months on the activities carried out pursuant to this section.

added “(B) Content—Each briefing required under this paragraph shall include—

removed “(B) Content—Each briefing required this paragraph shall include—

“(i) the number of instances and a description of each instance in which actions described in subsection (a)(2) have been taken, including all such instances that—

“(I) equipment, systems, or technology disrupted the transmission of radio or electronic signals, including and disaggregated by whether any such disruption was minimized;

“(II) may have resulted in harm, damage, or loss to a person or to private property, including and disaggregated by whether any such harm, damage, or loss was minimized;

“(III) resulted in the successful seizure, exercise of control, or confiscation under subsection (a)(2); or

“(IV) required the use of reasonable force under subsection (a)(2);

“(ii) the frequency and nature of instances in which communications were intercepted or acquired during the course of actions described in subsection (a)(2), including—

“(I) the approximate number and nature of incriminating communications intercepted;

“(II) the approximate number and nature of other communications intercepted; and

“(III) the total number of instances in which records of communications intercepted or acquired during the course of actions described in subsection (a)(2) were—

“(aa) shared with the Department of Justice or another Federal law enforcement agency, including a list of receiving Federal law enforcement agencies; or

“(bb) maintained for more than 90 days;

removed “(iv) the number of instances and a description of each instance in which Administrator of the Federal Aviation Administration has engaged with Federal, State, or local law enforcement agencies to implement the authority under this section, including the number of instances that resulted in a criminal investigation or litigation; and

changed “(v) information on “(iii) the actions carried out under subparagraphs (C) number of instances and (D) a description of subsection (a)(2), including equipment each instance in which Administrator of the Federal Aviation Administration has engaged with Federal, State, or technology local law enforcement agencies to address emerging trends and changes implement the authority under this section, including the number of instances that resulted in unmanned aircraft system a criminal investigation or unmanned aircraft system-related security threats.litigation; and

added “(iv) information on the actions carried out under subparagraphs (C) and (D) of subsection (a)(2), including equipment or technology to address emerging trends and changes in unmanned aircraft system or unmanned aircraft system-related security threats.

“(C) Classification

“(i) In general—Each briefing required under this subsection shall be in an unclassified form, but shall be accompanied by an additional classified briefing at the request of the Chair or Ranking Member of any specified committee of Congress.

“(ii) Content of briefings—Such briefings shall include, at a minimum—

“(I) a description of instances in which an active mitigation action under this section has been taken, including all such instances that may have resulted in harm, damage, or loss to an individual or to private property; and

“(II) a description of each covered site, including the capabilities of counter-UAS systems used at such sites.

“(2) Notification—Beginning 180 days after the date of enactment of the Counter-UAS Authority Security, Safety, and Reauthorization Act, the Administrator shall—

“(A) notify the specified committees of Congress of any newly authorized acquisition, deployment, or operation of a counter-UAS system, equipment or technology under this section not later than 90 days after such newly authorized acquisition, deployment, or operation; and

“(B) in providing a notification under subparagraph (A), include a description of options considered to mitigate any identified impacts to the national airspace system related to the use of any counter-UAS system, technology, or equipment operated at a covered site, including the minimization of the use of any technology, equipment or system that disrupts the transmission of radio or electronic signals.

“(i) Definitions—In this section:

“(1) Specified committees of Congress—The term “specified committees of Congress” means—

“(A) the Committee on Transportation and Infrastructure, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives; and

“(B) the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate.

“(2) State—The term “State” means a State, the District of Columbia, and a territory or possession of the United States.

added “(j) Sunset—This section ceases to be effective on October 1, 2029.”

removed “(j) Sunset—This section ceases to be effective on October 1, 2028.”

“44815. Unmanned aircraft system detection and mitigation enforcement

“(a) Prohibition

“(1) In general—No person may carelessly or recklessly operate a system, equipment, or technology to detect, identify, monitor, track, or mitigate an unmanned aircraft system or unmanned aircraft in a manner that adversely impacts or interferes with safe airport operations, navigation, or air traffic services, or the safe and efficient operation of the national airspace system.

“(2) Actions by the Administrator—The Administrator of the Federal Aviation Administration may take such action as may be necessary to address the adverse impacts or interference of operations that violate paragraph (1).

“(b) Rule of construction—The term “person” as used in this section does not include—

“(1) the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government; or

“(2) an officer, employee, or contractor of the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government if the officer, employee, or contractor is authorized by the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government to operate a system or technology referred to in subsection (a)(1).”

changed “(8) “(9) Penalties relating to the operation of unmanned aircraft system detection and mitigation technologies—Notwithstanding paragraphs (1) and (5) of subsection (a), the maximum civil penalty for a violation of section 44815 committed by a person described in such section, including an individual or small business concern, shall be the maximum civil penalty authorized under subsection (a)(1) of this section for persons other than an individual or small business concern.”