Threat assessment regarding unmanned aircraft systems at or near the international borders of the United States

(a) Short title This section may be cited as the Border Drone Threat Assessment Act. (b) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Select Committee on Intelligence of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on Commerce, Science, and Transportation of the Senate; (D) the Committee on the Judiciary of the Senate; (E) the Committee on Armed Services of the Senate; (F) the Committee on Foreign Relations of the Senate; (G) the Permanent Select Committee on Intelligence of the House of Representatives; (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 Armed Services of the House of Representatives; and (M) the Committee on Foreign Affairs of the House of Representatives. (2) 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. (3) Commander The term Commander means the Commander of the United States Northern Command (USNORTHCOM). (4) 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)). (5) 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. (6) Transnational organized crime The term transnational organized crime has the meaning given such term in section 284(i) of title 10, United States Code. (7) Under secretary of defense The term Under Secretary of Defense means the Under Secretary of Defense for Intelligence and Security (8) 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. (c) Report on incidents involving unmanned aircraft systems at or near the international borders of the United States (1) In general Not later than 30 days after the date of the enactment of this Act, the Commander shall— (A) conduct a review of all incidents involving unmanned aerial systems operated at or near the international borders of the United States and counter-unmanned aerial systems actions taken by, or using equipment of, the Department of Defense during February 2026; and (B) make an assessment and determination on whether modifications should be made to the communications and coordination by and between the Department of Defense and other Federal agencies with regard to unmanned aerial systems operated by a government entity in commercial airspace. (2) After action report Not later than 30 days after completing the review and assessment required under subsection (a), the Commander shall submit a report to— (A) the Under Secretary of Defense, which shall be included as part of the threat assessment required under subsection (d); (B) the Committee on Armed Services of the Senate; and (C) the Committee on Armed Services of the House of Representatives. (d) Threat assessment (1) In general Not later than 1 year after the date of the enactment of this Act, the Under Secretary of Defense shall complete an assessment of the threat regarding unmanned aircraft systems at or near the international borders of the United States. (2) Elements The threat assessment required under paragraph (1) shall include— (A) 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; (B) 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; (C) 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; (D) 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; (E) 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; (F) 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; (G) 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; (H) 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; and (I) an assessment of the coordination between Federal Government entities for airspace domain awareness, protection, and safety. (e) Consultation requirements In carrying out the assessment required under subsection (d), the Under Secretary of Defense may consult with— (1) the Director of National Intelligence; (2) the Secretary of Homeland Security; (3) the Administrator of the Federal Aviation Administration; (4) the Secretary of State; and (5) the heads of other elements of the intelligence community, the defense community, and the Department of Homeland Security as the Under Secretary considers appropriate. (f) Report and briefing (1) In general Not later than 180 days after completing the threat assessment required under subsection (d), the Under Secretary of Defense shall submit a report to the appropriate congressional committees containing findings with respect to such assessment. (2) Elements The report required under paragraph (1) shall include— (A) 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; (B) 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; (C) a summary of the current responsibilities, authorities, regulations, policies, and procedures of the United States Government for coordinating across Federal agencies for achieving air domain awareness at or near the international borders of the United States and ensuring airspace safety; (D) an assessment of whether a change in authorities or additional authorities or resources are necessary— (i) to achieve complete air domain awareness at or near international borders of the United States; (ii) to provide adequate coordination across agencies on airspace safety; and (iii) to counter and defeat unmanned aircraft systems used by malign actors along such borders. (3) Form The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex, as appropriate. (4) Briefing Not later than 90 days after the submission of the report required under paragraph (1), the Under Secretary of Defense shall provide a briefing regarding the report to the appropriate congressional committees.