II 

117TH CONGRESS 

2D SESSION S. 4919 

To require an interagency strategy for creating a unified posture on counterunmanned 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 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting the Border 

5 from Unmanned Aircraft Systems Act’’. 


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1 SEC. 2. INTERAGENCY STRATEGY FOR CREATING A UNI2 FIED POSTURE ON COUNTER-UNMANNED 

3 AIRCRAFT SYSTEMS CAPABILITIES AND PRO4 TECTIONS AT INTERNATIONAL BORDERS OF 

5 THE UNITED STATES. 

6 (a) DEFINITIONS.— In this section: 

7 (1) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional com9 mittees’’ means— 

10 (A) the Committee on Homeland Security 

11 and Governmental Affairs of the Senate; 

12 (B) the Committee on Commerce, Science, 

13 and Transportation of the Senate; 

14 (C) the Committee on the Judiciary of the 

15 Senate; 

16 (D) the Committee on Armed Services of 

17 the Senate; 

18 (E) the Committee on Appropriations of 

19 the Senate; 

20 (F) the Committee on Homeland Security 

21 of the House of Representatives; 

22 (G) the Committee on the Judiciary of the 

23 House of Representatives; 

24 (H) the Committee on Transportation and 

25 Infrastructure of the House of Representatives; 


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1 (I) the Committee on Energy and Com2 merce of the House of Representatives; 

3 (J) the Committee on Armed Services of 

4 the House of Representatives; and 

5 (K) the Committee on Appropriations of 

6 the House of Representatives. 

7 (2) COVERED FACILITY OR ASSET.—The term 

8 ‘‘covered facility or asset’’ has the meaning given 

9 such term in section 210G(k)(3) of the Homeland 

10 Security Act of 2002 (6 U.S.C. 124n(k)(3)). 

11 (b) IN GENERAL.—Not later than 180 days after the 

12 date of the enactment of this Act, the Secretary of Home13 land Security shall work with the Attorney General, the 

14 Administrator of the Federal Aviation Administration, 

15 and the Secretary of Defense to develop a strategy for cre16 ating a unified posture on counter-unmanned aircraft sys17 tems (referred to in this section as ‘‘C-UAS’’) capabilities 

18 and protections at— 

19 (1) covered facilities or assets along inter20 national borders of the United States; and 

21 (2) any other border-adjacent covered facilities 

22 or assets at which such capabilities maybe utilized 

23 under Federal law. 


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1 (c) ELEMENTS.—The strategy required to be devel2 oped under subsection (b) shall include the following ele3 ments: 

4 (1) An examination of C-UAS capabilities at 

5 covered facilities or assets along the border, or such 

6 other border-adjacent covered facilities or assets at 

7 which such capabilities may be utilized under Fed8 eral law, and their usage to detect or mitigate cred9 ible threats to homeland security, including the fa10 cilitation of illicit activities, or for other purposes au11 thorized by law. 

12 (2) An examination of efforts to protect privacy 

13 and civil liberties in the context of C-UAS oper14 ations, including with respect to impacts on border 

15 communities and protections of the First and 

16 Fourth Amendments to the United States Constitu17 tion. 

18 (3) An examination of intelligence sources and 

19 methods, including drone operators and artificial in20 telligence equipment, and relevant due process con21 siderations. 

22 (4) An assessment of the availability and inter23 operability of C-UAS detection and mitigation tech24 nology. 


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1 (5) An assessment of the training, including 

2 training relating to the protection of privacy and 

3 civil liberties, required for successful operation of C4 UAS detection and mitigation technology. 

5 (6) An assessment of specific methods of oper6 ability for deployment and recommendations for ad7 ditional resources needed. 

8 (7) An assessment of interagency research and 

9 development efforts, including the potential for ex10 panding such efforts. 

11 (d) SUBMISSION TO CONGRESS.—Not later than 180 

12 days after the date of the enactment of this Act, the Sec13 retary of Homeland Security shall submit the strategy de14 veloped pursuant to subsection (b) to the appropriate con15 gressional committees. 

16 (e) ANNUAL REPORT.—Not later than 180 days after 

17 the date of the enactment of this Act, and annually there18 after for the following 7 years, the Secretary of Homeland 

19 Security, the Attorney General, the Administrator of the 

20 Federal Aviation Administration, and the Secretary of De21 fense shall jointly submit a report to the appropriate con22 gressional committees that describes— 

23 (1) the resources necessary to carry out the 

24 strategy developed pursuant to subsection (b); and 


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1 (2) any significant developments relating to the 

2 elements described in subsection (c). 

Æ 


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