S 1443 Introduced
Border Counter UAS Activities
Earlier this month, Sen Lankford (R,OK) introduced S 1443, the Protecting the Border from Unmanned Aircraft Systems Act. The bill would 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. There is no spending authorized in the legislation.
Definitions
Section 2(a) provides definitions for five key terms used in the bill. Three of the terms are defined by reference to existing statutes. The one technical term included in the list of definitions is ‘C-UAS’ which is defined as “counter-unmanned aircraft system”.
The other important definition is the usually routine “appropriate congressional committees”. In this case, the definition lists 15 separate committees in the House and Senate. This coverage reflects the political reality that there are a wide variety of interests involved in C-UAS field. This will make effective legislation on the topic very difficult, as each committee will want to have their stamp on active legislation.
Counter UAS Strategy
Section 2(b) requires DHS to develop a strategy for creating a unified posture on C–UAS capabilities and protections at covered facilities or assets along international borders of the United States. It also requires DHS to include “any other border-adjacent facilities or assets at which such capabilities maybe utilized under Federal law” in the scope of the strategy.
Section 2(c) requires that the strategy to include:
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.
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.
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.
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 interoperability of C–UAS.
A description of the training required or recommended at international borders of the United States.
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.
An assessment of interagency research and development efforts, including the potential for expanding such efforts.
Moving Forward
As I reported Monday, this bill is included in the agenda of today’s business meeting of the Senate Homeland Security and Governmental Affairs Committee. This typically means that there is bipartisan support on the Committee for the bill, but there may be amendments made to the bill to appease concerns among certain members.
Commentary
Missing from this bill is any discussion of the legal constraints under which any C-UAS actions can be taken. While those legal restrictions only apply to UAS operating in US airspace, additional political and international legal constraints would apply to any over-the-boarder actions. There should have been an additional subsection added to the bill requiring GAO to prepare a report to Congress on the existing legal constraints on cross-border and wholly internal counter UAS operations.