II Calendar No. 678 117th CONGRESS 2d Session S. 4919 [Report No. 117–279] 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. Short title This Act may be cited as the Protecting the Border from Unmanned Aircraft Systems Act . 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 Homeland Security of the House of Representatives ; (G) the Committee on the Judiciary of the House of Representatives ; (H) the Committee on Transportation and Infrastructure of the House of Representatives ; (I) the Committee on Energy and Commerce of the House of Representatives ; (J) the Committee on Armed Services of the House of Representatives ; and (K) 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) ). (b) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall work with the Attorney General, the Administrator of the Federal Aviation Administration, and the Secretary of Defense to develop a strategy for creating a unified posture on counter-unmanned aircraft systems (referred to in this section as C-UAS ) capabilities and protections at— (1) covered facilities or assets along international borders of the United States; and (2) any other border-adjacent covered 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 covered 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 intelligence sources and methods, including drone operators and artificial intelligence equipment, and relevant due process considerations. (4) An assessment of the availability and interoperability of C-UAS detection and mitigation technology. (5) An assessment of the training, including training relating to the protection of privacy and civil liberties, required for successful operation of C-UAS detection and mitigation technology. (6) An assessment of specific methods of operability for deployment and recommendations for additional resources needed. (7) An assessment of interagency research and development efforts, including the potential for expanding such efforts. (d) Submission to Congress Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the strategy developed pursuant to subsection (b) to the appropriate congressional committees. (e) Annual report Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 7 years, the Secretary of Homeland Security, the Attorney General, the Administrator of the Federal Aviation Administration, and the Secretary of Defense shall jointly submit a report to the appropriate congressional committees that describes— (1) the resources necessary to carry out the strategy developed pursuant to subsection (b); and (2) any significant developments relating to the elements described in subsection (c).

1. Short title This Act may be cited as the Protecting the Border from Unmanned Aircraft Systems Act 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 Homeland Security of the House of Representatives ; (G) the Committee on the Judiciary of the House of Representatives ; (H) the Committee on Transportation and Infrastructure of the House of Representatives ; (I) the Committee on Energy and Commerce of the House of Representatives ; (J) the Committee on Armed Services of the House of Representatives ; and (K) 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) ). (b) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall work with the Attorney General, the Administrator of the Federal Aviation Administration, and the Secretary of Defense to develop a strategy for creating a unified posture on counter-unmanned aircraft systems (referred to in this section as 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 intelligence sources and methods, including drone operators and artificial intelligence equipment, and relevant due process considerations. (4) An assessment of the availability and interoperability of C-UAS detection and mitigation technology. (5) An assessment of the training, including training relating to the protection of privacy and civil liberties, required for successful operation of C-UAS detection and mitigation technology. (6) An assessment of specific methods of operability for deployment and recommendations for additional resources needed. (7) An assessment of interagency research and development efforts, including the potential for expanding such efforts. (d) Submission to Congress Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the strategy developed pursuant to subsection (b) to the appropriate congressional committees. (e) Annual report Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 7 years, the Secretary of Homeland Security, the Attorney General, the Administrator of the Federal Aviation Administration, and the Secretary of Defense shall jointly submit a report to the appropriate congressional committees that describes— (1) the resources necessary to carry out the strategy developed pursuant to subsection (b); and (2) any significant developments relating to the elements described in subsection (c).

December 19, 2022 Reported with an amendment