[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Page S2580]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 404. Mr. LANKFORD submitted an amendment intended to be proposed 
by him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place in title X, insert the following:

     SEC. 10__. INTERAGENCY STRATEGY FOR CREATING A UNIFIED 
                   POSTURE ON COUNTER-UNMANNED AIRCRAFT SYSTEMS 
                   CAPABILITIES AND PROTECTIONS AT INTERNATIONAL 
                   BORDERS OF THE UNITED STATES.

       (a) Short Title.--This section may be cited as the 
     ``Protecting the Border from Unmanned Aircraft Systems Act''
       (b) 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.
       (c) 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.
       (d) Elements.--The strategy required to be developed under 
     subsection (c) 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) An 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.
       (e) 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 (c) to 
     the appropriate congressional committees.
       (f) 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 a report to the 
     appropriate congressional committees that describes--
       (A) the resources necessary to carry out the strategy 
     developed pursuant to subsection (c); and
       (B) any significant developments relating to the elements 
     described in subsection (d).
       (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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