[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4919 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 678
117th CONGRESS
  2d Session
                                S. 4919

                          [Report No. 117-279]

 To require an interagency strategy for creating a unified posture on 
counter-unmanned aircraft systems (C-UAS) capabilities and protections 
             at international borders of the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2022

  Mr. Lankford (for himself and Ms. Sinema) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

                           December 19, 2022

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To require an interagency strategy for creating a unified posture on 
counter-unmanned aircraft systems (C-UAS) capabilities and protections 
             at international borders of the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Protecting the Border from 
Unmanned Aircraft Systems Act''.</DELETED>

<DELETED>SEC. 2. INTERAGENCY STRATEGY FOR CREATING A UNIFIED POSTURE ON 
              COUNTER-UNMANNED AIRCRAFT SYSTEMS CAPABILITIES AND 
              PROTECTIONS AT INTERNATIONAL BORDERS OF THE UNITED 
              STATES.</DELETED>

<DELETED>    (a) Definitions.-- In this section:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;</DELETED>
                <DELETED>    (B) the Committee on Commerce, Science, 
                and Transportation of the Senate;</DELETED>
                <DELETED>    (C) the Committee on the Judiciary of the 
                Senate;</DELETED>
                <DELETED>    (D) the Committee on Armed Services of the 
                Senate;</DELETED>
                <DELETED>    (E) the Committee on Appropriations of the 
                Senate;</DELETED>
                <DELETED>    (F) the Committee on Homeland Security of 
                the House of Representatives;</DELETED>
                <DELETED>    (G) the Committee on the Judiciary of the 
                House of Representatives;</DELETED>
                <DELETED>    (H) the Committee on Transportation and 
                Infrastructure of the House of 
                Representatives;</DELETED>
                <DELETED>    (I) the Committee on Energy and Commerce 
                of the House of Representatives;</DELETED>
                <DELETED>    (J) the Committee on Armed Services of the 
                House of Representatives; and</DELETED>
                <DELETED>    (K) the Committee on Appropriations of the 
                House of Representatives.</DELETED>
        <DELETED>    (2) Covered facility or asset.--The term ``covered 
        facility or asset'' has the meaning given such term in section 
        210G(k)(3) of the Homeland Security Act of 2002 (6 U.S.C. 
        124n(k)(3)).</DELETED>
<DELETED>    (b) In General.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Homeland Security shall 
work with the Attorney General, the Administrator of the Federal 
Aviation Administration, and the Secretary of Defense to develop a 
strategy for creating a unified posture on counter-unmanned aircraft 
systems (referred to in this section as ``C-UAS'') capabilities and 
protections at--</DELETED>
        <DELETED>    (1) covered facilities or assets along 
        international borders of the United States; and</DELETED>
        <DELETED>    (2) any other border-adjacent covered facilities 
        or assets at which such capabilities maybe utilized under 
        Federal law.</DELETED>
<DELETED>    (c) Elements.--The strategy required to be developed under 
subsection (b) shall include the following elements:</DELETED>
        <DELETED>    (1) An examination of C-UAS capabilities at 
        covered facilities or assets along the border, or such other 
        border-adjacent covered facilities or assets at which such 
        capabilities may be utilized under Federal law, and their usage 
        to detect or mitigate credible threats to homeland security, 
        including the facilitation of illicit activities, or for other 
        purposes authorized by law.</DELETED>
        <DELETED>    (2) An examination of efforts to protect privacy 
        and civil liberties in the context of C-UAS operations, 
        including with respect to impacts on border communities and 
        protections of the First and Fourth Amendments to the United 
        States Constitution.</DELETED>
        <DELETED>    (3) An examination of intelligence sources and 
        methods, including drone operators and artificial intelligence 
        equipment, and relevant due process considerations.</DELETED>
        <DELETED>    (4) An assessment of the availability and 
        interoperability of C-UAS detection and mitigation 
        technology.</DELETED>
        <DELETED>    (5) An assessment of the training, including 
        training relating to the protection of privacy and civil 
        liberties, required for successful operation of C-UAS detection 
        and mitigation technology.</DELETED>
        <DELETED>    (6) An assessment of specific methods of 
        operability for deployment and recommendations for additional 
        resources needed.</DELETED>
        <DELETED>    (7) An assessment of interagency research and 
        development efforts, including the potential for expanding such 
        efforts.</DELETED>
<DELETED>    (d) Submission to Congress.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Homeland 
Security shall submit the strategy developed pursuant to subsection (b) 
to the appropriate congressional committees.</DELETED>
<DELETED>    (e) Annual Report.--Not later than 180 days after the date 
of the enactment of this Act, and annually thereafter for the following 
7 years, the Secretary of Homeland Security, the Attorney General, the 
Administrator of the Federal Aviation Administration, and the Secretary 
of Defense shall jointly submit a report to the appropriate 
congressional committees that describes--</DELETED>
        <DELETED>    (1) the resources necessary to carry out the 
        strategy developed pursuant to subsection (b); and</DELETED>
        <DELETED>    (2) any significant developments relating to the 
        elements described in subsection (c).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting the Border from Unmanned 
Aircraft Systems Act''

SEC. 2. INTERAGENCY STRATEGY FOR CREATING A UNIFIED POSTURE ON COUNTER-
              UNMANNED AIRCRAFT SYSTEMS CAPABILITIES AND PROTECTIONS AT 
              INTERNATIONAL BORDERS OF THE UNITED STATES.

    (a) Definitions.-- In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (C) the Committee on the Judiciary of the Senate;
                    (D) the Committee on Armed Services of the Senate;
                    (E) the Committee on Appropriations of the Senate;
                    (F) the Committee on Homeland Security of the House 
                of Representatives;
                    (G) the Committee on the Judiciary of the House of 
                Representatives;
                    (H) the Committee on Transportation and 
                Infrastructure of the House of Representatives;
                    (I) the Committee on Energy and Commerce of the 
                House of Representatives;
                    (J) the Committee on Armed Services of the House of 
                Representatives; and
                    (K) the Committee on Appropriations of the House of 
                Representatives.
            (2) Covered facility or asset.--The term ``covered facility 
        or asset'' has the meaning given such term in section 
        210G(k)(3) of the Homeland Security Act of 2002 (6 U.S.C. 
        124n(k)(3)).
    (b) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall work 
with the Attorney General, the Administrator of the Federal Aviation 
Administration, and the Secretary of Defense to develop a strategy for 
creating a unified posture on counter-unmanned aircraft systems 
(referred to in this section as ``C-UAS'') capabilities and protections 
at--
            (1) covered facilities or assets along international 
        borders of the United States; and
            (2) any other border-adjacent facilities or assets at which 
        such capabilities maybe utilized under Federal law.
    (c) Elements.--The strategy required to be developed under 
subsection (b) shall include the following elements:
            (1) An examination of C-UAS capabilities at covered 
        facilities or assets along the border, or such other border-
        adjacent facilities or assets at which such capabilities may be 
        utilized under Federal law, and their usage to detect or 
        mitigate credible threats to homeland security, including the 
        facilitation of illicit activities, or for other purposes 
        authorized by law.
            (2) An examination of efforts to protect privacy and civil 
        liberties in the context of C-UAS operations, including with 
        respect to impacts on border communities and protections of the 
        First and Fourth Amendments to the United States Constitution.
            (3) An examination of intelligence sources and methods, 
        including drone operators and artificial intelligence 
        equipment, and relevant due process considerations.
            (4) An assessment of the availability and interoperability 
        of C-UAS detection and mitigation technology.
            (5) An assessment of the training, including training 
        relating to the protection of privacy and civil liberties, 
        required for successful operation of C-UAS detection and 
        mitigation technology.
            (6) An assessment of specific methods of operability for 
        deployment and recommendations for additional resources needed.
            (7) An assessment of interagency research and development 
        efforts, including the potential for expanding such efforts.
    (d) Submission to Congress.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Homeland Security shall 
submit the strategy developed pursuant to subsection (b) to the 
appropriate congressional committees.
    (e) Annual Report.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter for the following 7 
years, the Secretary of Homeland Security, the Attorney General, the 
Administrator of the Federal Aviation Administration, and the Secretary 
of Defense shall jointly submit a report to the appropriate 
congressional committees that describes--
            (1) the resources necessary to carry out the strategy 
        developed pursuant to subsection (b); and
            (2) any significant developments relating to the elements 
        described in subsection (c).
                                                       Calendar No. 678

117th CONGRESS

  2d Session

                                S. 4919

                          [Report No. 117-279]

_______________________________________________________________________

                                 A BILL

 To require an interagency strategy for creating a unified posture on 
counter-unmanned aircraft systems (C-UAS) capabilities and protections 
             at international borders of the United States.

_______________________________________________________________________

                           December 19, 2022

                       Reported with an amendment