II 

Calendar No. 678 

117TH CONGRESS 

2D SESSION S. 4919 

[Report No. 117–279] 

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 

DECEMBER 19, 2022 

Reported by Mr. PETERS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 from Unmanned Aircraft Systems Act’’. 

4 SEC. 2. INTERAGENCY STRATEGY FOR CREATING A UNI5 FIED POSTURE ON COUNTER-UNMANNED 

6 AIRCRAFT SYSTEMS CAPABILITIES AND PRO7 TECTIONS AT INTERNATIONAL BORDERS OF 

8 THE UNITED STATES. 

9 (a) DEFINITIONS.— In this section: 

10 (1) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional com12 mittees’’ means— 

13 (A) the Committee on Homeland Security 

14 and Governmental Affairs of the Senate; 

15 (B) the Committee on Commerce, Science, 

16 and Transportation of the Senate; 

17 (C) the Committee on the Judiciary of the 

18 Senate; 

19 (D) the Committee on Armed Services of 

20 the Senate; 

21 (E) the Committee on Appropriations of 

22 the Senate; 

23 (F) the Committee on Homeland Security 

24 of the House of Representatives; 

25 (G) the Committee on the Judiciary of the 

26 House of Representatives; 


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1 (H) the Committee on Transportation and 

2 Infrastructure of the House of Representatives; 

3 (I) the Committee on Energy and Com4 merce of the House of Representatives; 

5 (J) the Committee on Armed Services of 

6 the House of Representatives; and 

7 (K) the Committee on Appropriations of 

8 the House of Representatives. 

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

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

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

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

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

14 date of the enactment of this Act, the Secretary of Home15 land Security shall work with the Attorney General, the 

16 Administrator of the Federal Aviation Administration, 

17 and the Secretary of Defense to develop a strategy for cre18 ating a unified posture on counter-unmanned aircraft sys19 tems (referred to in this section as ‘‘C-UAS’’) capabilities 

20 and protections at— 

21 (1) covered facilities or assets along inter22 national borders of the United States; and 

23 (2) any other border-adjacent covered facilities 

24 or assets at which such capabilities maybe utilized 

25 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). 

3 SECTION 1. SHORT TITLE. 

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

5 from Unmanned Aircraft Systems Act’’ 

6 SEC. 2. INTERAGENCY STRATEGY FOR CREATING A UNIFIED 

7 POSTURE ON COUNTER-UNMANNED AIR8 CRAFT SYSTEMS CAPABILITIES AND PROTEC9 TIONS AT INTERNATIONAL BORDERS OF THE 

10 UNITED STATES. 

11 (a) DEFINITIONS.— In this section: 

12 (1) APPROPRIATE CONGRESSIONAL COMMIT13 TEES.—The term ‘‘appropriate congressional commit14 tees’’ means— 

15 (A) the Committee on Homeland Security 

16 and Governmental Affairs of the Senate; 

17 (B) the Committee on Commerce, Science, 

18 and Transportation of the Senate; 

19 (C) the Committee on the Judiciary of the 

20 Senate; 

21 (D) the Committee on Armed Services of the 

22 Senate; 

23 (E) the Committee on Appropriations of the 

24 Senate; 


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1 (F) the Committee on Homeland Security of 

2 the House of Representatives; 

3 (G) the Committee on the Judiciary of the 

4 House of Representatives; 

5 (H) the Committee on Transportation and 

6 Infrastructure of the House of Representatives; 

7 (I) the Committee on Energy and Commerce 

8 of the House of Representatives; 

9 (J) the Committee on Armed Services of the 

10 House of Representatives; and 

11 (K) the Committee on Appropriations of the 

12 House of Representatives. 

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

14 ‘‘covered facility or asset’’ has the meaning given such 

15 term in section 210G(k)(3) of the Homeland Security 

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

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

18 date of the enactment of this Act, the Secretary of Homeland 

19 Security shall work with the Attorney General, the Admin20 istrator of the Federal Aviation Administration, and the 

21 Secretary of Defense to develop a strategy for creating a 

22 unified posture on counter-unmanned aircraft systems (re23 ferred to in this section as ‘‘C-UAS’’) capabilities and pro24 tections at— 


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1 (1) covered facilities or assets along inter2 national borders of the United States; and 

3 (2) any other border-adjacent facilities or assets 

4 at which such capabilities maybe utilized under Fed5 eral law. 

6 (c) ELEMENTS.—The strategy required to be developed 

7 under subsection (b) shall include the following elements: 

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

9 covered facilities or assets along the border, or such 

10 other border-adjacent facilities or assets at which such 

11 capabilities may be utilized under Federal law, and 

12 their usage to detect or mitigate credible threats to 

13 homeland security, including the facilitation of illicit 

14 activities, or for other purposes authorized by law. 

15 (2) An examination of efforts to protect privacy 

16 and civil liberties in the context of C-UAS operations, 

17 including with respect to impacts on border commu18 nities and protections of the First and Fourth 

19 Amendments to the United States Constitution. 

20 (3) An examination of intelligence sources and 

21 methods, including drone operators and artificial in22 telligence equipment, and relevant due process consid23 erations. 


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1 (4) An assessment of the availability and inter2 operability of C-UAS detection and mitigation tech3 nology. 

4 (5) An assessment of the training, including 

5 training relating to the protection of privacy and 

6 civil liberties, required for successful operation of C7 UAS detection and mitigation technology. 

8 (6) An assessment of specific methods of oper9 ability for deployment and recommendations for ad10 ditional resources needed. 

11 (7) An assessment of interagency research and 

12 development efforts, including the potential for ex13 panding such efforts. 

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

15 days after the date of the enactment of this Act, the Sec16 retary of Homeland Security shall submit the strategy de17 veloped pursuant to subsection (b) to the appropriate con18 gressional committees. 

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

20 the date of the enactment of this Act, and annually there21 after for the following 7 years, the Secretary of Homeland 

22 Security, the Attorney General, the Administrator of the 

23 Federal Aviation Administration, and the Secretary of De24 fense shall jointly submit a report to the appropriate con25 gressional committees that describes— 


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1 (1) the resources necessary to carry out the strat2 egy developed pursuant to subsection (b); and 

3 (2) any significant developments relating to the 

4 elements described in subsection (c). 


pamtmann on DSKBC07HB2PROD with BILLS

pamtmann on DSKBC07HB2PROD with BILLS
Calendar No. 678 

117TH CONGRESS 

2D SESSION S. 4919 

[Report No. 117–279] 

A BILL 

To require an interagency strategy for creating a 

international borders of the United States. systems (C-UAS) capabilities and protections at unified posture on counter-unmanned aircraft 

DECEMBER 19, 2022 

Reported with an amendment 


pamtmann on DSKBC07HB2PROD with BILLS