[Senate Report 118-103]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 219 
118th Congress      }                                    {      Report 
                                 SENATE
 1st Session        }                                    {     118-103 
_______________________________________________________________________

                                     



                       PROTECTING THE BORDER FROM

                     UNMANNED AIRCRAFT SYSTEMS ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                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





[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]





                October 3, 2023.--Ordered to be printed   
                
                             _________
                              
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
49-010                   WASHINGTON : 2023  



                

                



























        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada                  MITT ROMNEY, Utah
ALEX PADILLA, California             RICK SCOTT, Florida
JON OSSOFF, Georgia                  JOSH HAWLEY, Missouri
RICHARD BLUMENTHAL, Connecticut      ROGER MARSHALL, Kansas

                   David M. Weinberg, Staff Director
         Christopher J. Mulkins, Director of Homeland Security
            Benjamin J. Schubert, Professional Staff Member
           William E. Henderson III, Minority Staff Director
              Christina N. Salazar, Minority Chief Counsel
          Kendal B. Tigner, Minority Professional Staff Member
                     Laura W. Kilbride, Chief Clerk  
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                     
                                                      Calendar No. 219
118th Congress      }                                    {      Report
                                 SENATE
 1st Session        }                                    {     118-103

======================================================================



 
        PROTECTING THE BORDER FROM UNMANNED AIRCRAFT SYSTEMS ACT

                                _______
                                

                October 3, 2023.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 1443]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (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, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                CONTENTS

                                                                     Page
  I. Purpose and Summary..............................................  1
 II. Background and Need for the Legislation..........................  2
III. Legislative History..............................................  3
 IV. Section-by-Section Analysis of the Bill, as Reported.............  3
  V. Evaluation of Regulatory Impact..................................  4
 VI. Congressional Budget Office Cost Estimate........................  5
VII. Changes in Existing Law Made by the Bill, as Reported............  5 

                         I. PURPOSE AND SUMMARY

    S. 1443, the Protecting the Border from Unmanned Aircraft 
Systems Act, requires the Department of Homeland Security (DHS) 
to work with the Department of Justice (DOJ), the Federal 
Aviation Administration (FAA), the Department of State, the 
Department of Energy, the Office of the Director of National 
Intelligence (ODNI), and the Department of Defense (DOD) to 
develop a strategy to guide a unified posture on counter-
unmanned aircraft systems (C-UAS) capabilities and protections 
along the international borders of the United States. Among 
other items, the strategy must examine C-UAS capabilities along 
the borders, including covered facilities and assets, and 
efforts to protect civil rights and civil liberties during the 
operation of C-UAS capabilities. The strategy must also contain 
assessments of the training required for the successful 
operation of C-UAS detection and mitigation technologies at 
U.S. borders and the interagency research and development 
efforts of C-UAS technologies, as well as recommendations for 
additional authorities and resources needed to protect against 
illicit unmanned aircraft systems (UAS). The strategy must be 
submitted to Congress no later than one year after the 
enactment of the bill and a report must be submitted no later 
than two years and annually until seven years after enactment 
that describes the resources necessary to carry out the 
strategy and any significant developments relating to the 
required elements of the strategy. The bill also requires that 
elements of the strategy be included under the semiannual 
briefings provided to Congress under section 210G of the 
Homeland Security Act of 2002.

              II. BACKGROUND AND NEED FOR THE LEGISLATION

    The FAA estimates that by 2027, as many as 1.89 million 
small drones could be registered to fly in the U.S.\1\ UAS 
bring substantial benefits to our society and economy, but 
their low barrier to entry in the national airspace system, 
wide availability, and ease of operation allows them to be 
potentially misused. As a result, nefarious actors could 
exploit vulnerabilities in traditional security measures.\2\
---------------------------------------------------------------------------
    \1\Federal Aviation Administration, FAA Aerospace Forecast Fiscal 
Years 2023-2043 (www.faa.gov/dataresearch/aviation/aerospaceforecasts/
faa-aerospace-forecast-fy-2023-2043) at 54.
    \2\Senate Committee on Homeland Security and Governmental Affairs, 
Testimony Submitted for the Record of Deputy Associate Administrator 
for Security and Hazardous Safety Tonya Coultas, Federal Aviation 
Administration, Hearing on Protecting the Homeland from Unmanned 
Aircraft Systems, 117th Cong. (July 14, 2022) (S. Hrg. 117-XX).
---------------------------------------------------------------------------
    In July 2022, this Committee held a hearing to examine the 
threats posed by UAS to our homeland security, including the 
impacts malicious UAS could have on manned aircraft operations, 
airports, critical infrastructure facilities, and high-profile 
events.\3\ During that hearing, the Committee heard about the 
challenges DHS faces in carrying out its C-UAS mission, 
including protecting our international borders from malicious 
drones.\4\
---------------------------------------------------------------------------
    \3\Senate Committee on Homeland Security and Governmental Affairs, 
Hearing on Protecting the Homeland from Unmanned Aircraft Systems, 
117th Cong. (July 14, 2022) (S. Hrg. 117-XX).
    \4\Senate Committee on Homeland Security and Governmental Affairs, 
Testimony Submitted for the Record of Acting Assistant Secretary for 
Counterterrorism, Threat Prevention, and Law Enforcement Samantha 
Vinograd, Department of Homeland Security, Hearing on Protecting the 
Homeland from Unmanned Aircraft Systems, 117th Cong. (July 14, 2022) 
(S. Hrg. 117-XX) at 3-4.
---------------------------------------------------------------------------
    According to DHS, transnational criminal organizations 
(TCOs) use UAS to transport narcotics and contraband across 
U.S. borders and conduct hostile surveillance of law 
enforcement. According to U.S. Customs and Border Protection 
(CBP), the agency detected more than 8,000 illegal cross-border 
UAS flights between August 2021 and May 2022 at the southern 
border, which is an average of 900 incursions per month. As UAS 
technologies evolve, this threat will continue to develop and 
CBP further assesses that TCOs will pursue larger UAS with 
increased speed, range, and payload capacity in an effort to 
evade CBP and other law enforcement agencies.\5\ While the 
volume of UAS incursions at the U.S. southern border highlights 
the challenges DHS faces in combatting the cross-border UAS 
threat, much remains unknown about the volume of UAS incursions 
our nation faces at its northern and maritime borders. As DHS 
works to implement the Northern Border Strategy, released in 
2018, its objectives include utilizing detection assets and 
resources to monitor and, if necessary, counter the UAS 
threat.\6\
---------------------------------------------------------------------------
    \5\Id. 
    \6\U.S. Department of Homeland Security, Department of Homeland 
Security Northern Border Strategy (June 12, 2018) (www.dhs.gov/sites/
default/files/publications/18_0612_PLCY_DHS-Northern-Border-
Strategy.pdf).
---------------------------------------------------------------------------
    To ensure DHS can effectively counter the UAS threat posed 
at all U.S. borders, this bill requires DHS to work with DOJ, 
the FAA, the Departments of State and Energy, ODNI, and DOD to 
develop an interagency strategy to combat unauthorized UAS 
along U.S. international borders. This strategy would include 
assessments of the federal government's C-UAS capabilities, 
privacy protections, intelligence tools, training programs, 
resources, and research efforts along U.S. international 
borders. The bill also includes provisions to increase 
transparency regarding UAS-related threats along the border, 
encourage more robust interagency research and development 
efforts, and help ensure the federal government protects the 
privacy and civil liberties of individuals lawfully operating 
drones along our international borders.

                        III. LEGISLATIVE HISTORY

    Senator James Lankford (R-OK) introduced S. 1443, the 
Protecting the Border from Unmanned Aircraft Systems Act, on 
May 4, 2023, with original cosponsor Senator Kyrsten Sinema (I-
AZ). The bill was referred to the Committee on Homeland 
Security and Governmental Affairs.
    The Committee considered S. 1443 at a business meeting on 
May 17, 2023. At the business meeting, the bill was ordered 
reported favorably by roll call vote of 9 yeas to 1 nay, with 
Senators Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, 
Blumenthal, Lankford, and Romney voting in the affirmative, and 
Senator Paul voting in the negative. Senators Carper, Johnson, 
Scott, Hawley, and Marshall voted yea by proxy, for the record 
only.

        IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Section 1. Short title

    This section establishes the short title of the bill as the 
``Protecting the Border from Unmanned Aircraft Systems Act.''

Section 2. Interagency strategy for creating a unified posture on 
        counter-unmanned aircraft systems capabilities and protections 
        at international borders of the United States

    Subsection (a) defines the terms ``appropriate 
congressional committees,'' ``covered facility or asset,'' ``C-
UAS,'' ``national airspace system,'' and ``unmanned aircraft 
system.''
    Subsection (b) requires the Secretary of Homeland Security 
to work with the Attorney General, FAA Administrator, Secretary 
of State, Secretary of Energy, Director of National 
Intelligence, and Secretary of Defense to develop a strategy 
for creating a unified posture on C-UAS capabilities and 
protections at U.S. international borders and border-adjacent 
facilities or assets where capabilities may be used under 
federal law. The strategy required by this section must be 
developed no later than 180 days after the enactment of this 
legislation.
    Subsection (c) requires that the strategy outlined in 
subsection (b): (1) examine C-UAS capabilities at covered 
facilities or assets along U.S. international borders and 
border-adjacent facilities or assets, and the usage of these 
capabilities to detect or mitigate credible threats; (2) 
examine efforts to protect privacy and civil liberties in the 
context of C-UAS operations; (3) examine UAS tactics, 
techniques, and procedures being used in the border environment 
by malign actors, including how they can be acquired, modified, 
and utilized to conduct malicious activity; (4) assess the C-
UAS systems necessary to identify illicit activity and protect 
against UAS threats at U.S. international borders; (5) assess 
the training required for successful operation of C-UAS 
technology and how that training fits into broader training 
standards and norms and relates to the protection of privacy 
and civil liberties; (6) recommend additional authorities and 
resources to protect against illicit UAS, including those 
necessary to detect UAS activity and mitigate credible UAS 
threats along international U.S. borders; and (7) an assessment 
of interagency research and development efforts.
    Subsection (d) requires the Secretary of Homeland Security 
to submit the strategy developed as outlined in subsection (b) 
to Congress no later than one year after this bill's enactment.
    Subsection (e) requires the Secretary of Homeland Security, 
in coordination with the Attorney General, FAA Administrator, 
Secretary of State, Secretary of Energy, Director of National 
Intelligence, and Secretary of Defense, to produce a report 
that describes the resources necessary to carry out the 
strategy developed pursuant to subsection (b) and any 
significant developments related to the elements described in 
subsection (c). The report must be submitted to Congress no 
later than two years after the passage of the bill and annually 
thereafter for the following seven years. The elements of the 
report must also be included in the semiannual briefings 
required under section 210G of the Homeland Security Act of 
2002 beginning one year after the enactment of this 
legislation.

                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]



    S. 1443 would require the Department of Homeland Security, 
in coordination with several federal agencies, including the 
Departments of Defense and Justice, to develop a unified 
strategy to combat threats from unmanned aircraft systems. The 
bill would require the agencies to submit the strategy to the 
Congress within one year of enactment and provide an annual 
update for the following seven years.
    Based on the costs of similar activities, CBO estimates 
that implementing S. 1443 would cost less than $500,000 over 
the 2024-2028 period. Such spending would be subject to the 
availability of appropriated funds.
    The CBO staff contact for this estimate is Jeremy Crimm. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

       VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation would make no change in existing law, 
within the meaning of clauses (a) and (b) of subparagraph 12 of 
rule XXVI of the Standing Rules of the Senate, because this 
legislation would not repeal or amend any provision of current 
law.

                                  [all]