[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1443 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1443
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
May 4, 2023
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
_______________________________________________________________________
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,
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 Foreign Relations of the
Senate;
(G) the Select Committee on Intelligence of the
Senate;
(H) the Committee on Homeland Security of the House
of Representatives;
(I) the Committee on the Judiciary of the House of
Representatives;
(J) the Committee on Transportation and
Infrastructure of the House of Representatives;
(K) the Committee on Energy and Commerce of the
House of Representatives;
(L) the Committee on Foreign Affairs of the House
of Representatives;
(M) the Permanent Select Committee on Intelligence
of the House of Representatives;
(N) the Committee on Armed Services of the House of
Representatives; and
(O) 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)).
(3) C-UAS.--The term ``C-UAS'' means counter-unmanned
aircraft system.
(4) National airspace system; nas.--The terms ``National
Airspace System'' and ``NAS'' have the meaning given such terms
in section 245.5 of title 32, Code of Federal Regulations.
(5) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given such term in section 44801 of
title 49, United States Code.
(b) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
coordination with the Attorney General, the Administrator of the
Federal Aviation Administration, the Secretary of State, the Secretary
of Energy, the Director of National Intelligence, and the Secretary of
Defense to develop a strategy for creating a unified posture on 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 unmanned aircraft system tactics,
techniques, and procedures being used in the border environment
by malign actors to include how unmanned aircraft systems are
acquired, modified, and utilized to conduct malicious activity
such, as attacks, surveillance, conveyance of contraband, or
other forms of threats.
(4) An assessment of the C-UAS systems necessary to
identify illicit activity and protect against the threats from
unmanned aircraft systems at international borders of the
United States, including the availability, feasibility, and
interoperatbility of C-UAS.
(5) A description of the training required or recommended
at international borders of the United States, including how
such training--
(A) fits into broader training standards and norms;
and
(B) relates to the protection of privacy and civil
liberties.
(6) Recommendations for additional authorities and
resources to protect against illicit unmanned aircraft systems,
including systems that may be necessary to detect illicit
activity and mitigate credible threats along international
borders of the United States.
(7) An assessment of interagency research and development
efforts, including the potential for expanding such efforts.
(d) Submission to Congress.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Homeland Security, in
coordination with the Attorney General, the Administrator of the
Federal Aviation Administration, the Secretary of State, Secretary of
Energy, the Director of National Intelligence, and the Secretary of
Defense, shall submit the strategy developed pursuant to subsection (b)
to the appropriate congressional committees.
(e) Reports to Congress.--
(1) Annual report.--Not later than 2 years after the date
of the enactment of this Act, and annually thereafter for the
following 7 years, the Secretary of Homeland Security, in
coordination with the Attorney General, the Administrator of
the Federal Aviation Administration, the Secretary of State,
Secretary of Energy, the Director of National Intelligence, and
the Secretary of Defense, shall submit to the appropriate
congressional committees a report, which may include a
classified annex, that describes--
(A) the resources that are necessary to carry out
the strategy developed pursuant to subsection (b); and
(B) any significant developments relating to the
elements described in subsection (c).
(2) Congressional briefings.--Beginning not later than 1
year after the date of the enactment of this Act, the Secretary
of Homeland Security shall include the elements regarding C-UAS
described in paragraph (1) in the semiannual briefings to the
appropriate congressional committees required under section
210G(g) of the Homeland Security Act of 2002 (6 U.S.C.
124n(g)).
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