S.Amdt. 404

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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