[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1443 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 219
118th CONGRESS
  1st Session
                                S. 1443

                          [Report No. 118-103]

 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

                            October 3, 2023

               Reported by Mr. Peters, without amendment

_______________________________________________________________________

                                 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)).
                                                       Calendar No. 219

118th CONGRESS

  1st Session

                                S. 1443

                          [Report No. 118-103]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 3, 2023

                       Reported without amendment