Section 1 Short title
This section may be cited as the “Border Drone Threat Assessment Act.”
Border Drone Threat Assessment Act
A BILL
To require the Under Secretary of Defense for Intelligence and Security to complete a threat assessment regarding unmanned aircraft systems at or near the international borders of the United States, and for other purposes.
Sec. 2 Definitions
In this Act:
Administrator— The term Administrator means the Administrator of the Federal Aviation Administration.
Appropriate congressional committees— The term appropriate congressional committees means—
the Select Committee on Intelligence of the Senate;
the Committee on Homeland Security and Governmental Affairs of the Senate;
the Committee on Commerce, Science, and Transportation of the Senate;
the Committee on the Judiciary of the Senate;
the Committee on Armed Services of the Senate;
the Committee on Foreign Relations of the Senate;
the Permanent Select Committee on Intelligence of the House of Representatives;
the Committee on Homeland Security of the House of Representatives;
the Committee on the Judiciary of the House of Representatives;
the Committee on Transportation and Infrastructure of the House of Representatives;
the Committee on Energy and Commerce of the House of Representatives;
the Committee on Armed Services of the House of Representatives; and
the Committee on Foreign Affairs of the House of Representatives.
At or near the international borders of the united states— The term at or near the international borders of the United States means at or within 100 air miles of an international land border or coastal border of the United States.
Commander— The term Commander means the Commander of the United States Northern Command (USNORTHCOM).
Director— The term Director means the Director of National Intelligence.
Foreign malign influence— The term foreign malign influence has the meaning given such term in section 119B(f) of the National Security Act of 1947 (50 U.S.C. 3059(f)).
Intelligence community— The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
Malign actor— The term malign actor means any individual, group, or organization that is engaged in foreign malign influence, illicit drug trafficking, or other forms of transnational organized crime.
Transnational organized crime— The term transnational organized crime has the meaning given such term in section 284(i) of title 10, United States Code.
Under secretary— The term Under Secretary means the Under Secretary for Intelligence and Analysis of the Department of Homeland Security.
Under secretary of defense— The term Under Secretary of Defense means the Under Secretary of Defense for Intelligence and Security.
Unmanned aircraft; unmanned aircraft system— The terms unmanned aircraft and unmanned aircraft system have the meanings given such terms in section 44801 of title 49, United States Code.
Sec. 3 Threat assessment
In general— Not later than 1 year after the date of the enactment of this Act, the Under Secretary of Defense, in consultation with the Commander, the Director, the Under Secretary, the Administrator, and the heads of the other elements of the intelligence community, shall complete an assessment of the threat regarding unmanned aircraft systems at or near the international borders of the United States.
Elements— The threat assessment required under subsection (a) shall include—
a description of the malign actors operating unmanned aircraft systems at or near the international borders of the United States, including malign actors who cross such borders;
a description of how a threat is identified and assessed at or near the international borders of the United States, including a description of the capabilities of the United States Government to detect and identify unmanned aircraft systems operated by, or on behalf of, malign actors;
a description of the data and information collected by operators of unmanned aircraft systems at or near the international borders of the United States, including how such data is used by malign actors;
a description of the tactics, techniques, and procedures used at or near the international borders of the United States by malign actors with regards to unmanned aircraft systems, including how unmanned aircraft systems are acquired, modified, and utilized to conduct malicious activities, including attacks, surveillance, conveyance of contraband, and other forms of threats;
a description of the guidance, policies, and procedures that address the privacy, civil rights, and civil liberties of persons who lawfully operate unmanned aircraft systems at or near the international borders of the United States;
a description of the capabilities of the United States Government to counter, contain, trace, defeat, or otherwise mitigate threats from unmanned aircraft systems operated by malign actors at or near the international borders of the United States;
an assessment of whether the capabilities of the United States Government are sufficient for achieving complete air domain awareness at or near the international borders of the United States; and
an assessment of the adequacy of current authorities of the United States Government to counter the use of unmanned aircraft systems by malign actors at or near the international borders of the United States, including an accounting of the delineated responsibilities of Federal agencies to counter, contain, trace, or defeat unmanned aircraft systems at or near the international borders of the United States.
Sec. 4 Report and briefing
In general— Not later than 180 days after completing the threat assessment required under section 2, the Under Secretary of Defense, in coordination with the Commander, the Director, the Under Secretary, and the Administrator, shall submit a report to the appropriate congressional committees containing findings with respect to such assessment.
Elements— The report required under subsection (a) shall include—
a detailed description of the threats posed to the national security of the United States by unmanned aircraft systems operated by malign actors at or near the international borders of the United States;
a summary of the current responsibilities, authorities, regulations, policies, and procedures of the United States Government for achieving air domain awareness at and near the international borders of the United States and countering and defeating unmanned aircraft systems used by malign actors along such borders; and
an assessment of whether a change in authorities or additional authorities or resources are necessary to achieve complete air domain awareness at or near international borders of the United States and to counter and defeat unmanned aircraft systems used by malign actors along such borders.
Form— The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex, as appropriate.
Briefing— Not later than 90 days after the submission of the report required under subsection (a), the Under Secretary of Defense shall provide a briefing regarding the report to the appropriate congressional committees.