A bill to improve the response of the Department of Defense to threats to United States forces worldwide from small unmanned aircraft systems.

II 116TH CONGRESS 2D SESSION S. 4413 To improve the response of the Department of Defense to threats to United States forces worldwide from small unmanned aircraft systems. IN THE SENATE OF THE UNITED STATES AUGUST 4, 2020 Ms. HASSAN (for herself and Mr. JOHNSON) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To improve the response of the Department of Defense to threats to United States forces worldwide from small unmanned aircraft systems. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. DEPARTMENT OF DEFENSE RESPONSE TO 3 THREATS TO UNITED STATES FORCES 4 WORLDWIDE FROM SMALL UNMANNED AIR- 5 CRAFT SYSTEMS. 6 (a) FINDINGS.—Congress makes the following find- 7 ings: 8 (1) United States military forces face an ever 9 increasing and constantly evolving threat from small 10 VerDate Sep 11 2014 23:12 Aug 18, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4413.IS S4413 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4413 IS unmanned aircraft systems in operations worldwide, 1 whether in the United States or abroad. 2 (2) The Department of Defense is already 3 doing important work to address the threats from 4 small unmanned aircraft systems worldwide, though 5 the need for engagement in that area continues. 6 (b) EXECUTIVE AGENT.— 7 (1) IN GENERAL.—The Secretary of the Army 8 is the executive agent of the Department of Defense 9 for programs, projects, and activities to counter 10 small unmanned aircraft systems, groups 1, 2, and 11 3 (known as ‘‘Counter Small Unmanned Aircraft 12 Systems for Unmanned Aircraft Groups 1, 2, and 13 3’’ and in this section referred to collectively as the 14 ‘‘Counter-Small Unmanned Aircraft Systems Pro- 15 gram’’). 16 (2) FUNCTIONS.—The functions of the Sec- 17 retary as executive agent shall be as follows: 18 (A) To develop the strategy required by 19 subsection (c). 20 (B) To carry out such other activities to 21 counter threats to United States forces world- 22 wide from small unmanned aircraft systems as 23 the Secretary of Defense and the Secretary of 24 the Army consider appropriate. 25 VerDate Sep 11 2014 23:12 Aug 18, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4413.IS S4413 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4413 IS (3) STRUCTURE.—The Secretary as executive 1 agent shall carry out the functions specified in para- 2 graph (2) through such administrative structures as 3 the Secretary considers appropriate. 4 (c) STRATEGY TO COUNTER THREATS FROM SMALL 5 UNMANNED AIRCRAFT SYSTEMS.—Not later than 90 days 6 after the date of the enactment of this Act, the Secretary 7 of the Army, as executive agent for the Counter-Small Un- 8 manned Aircraft Systems Program, shall develop and sub- 9 mit to relevant committees of Congress a strategy for the 10 Armed Forces to effectively counter threats from small un- 11 manned aircraft systems worldwide. 12 (d) REPORT ON EXECUTIVE AGENT ACTIVITIES.— 13 (1) REPORT REQUIRED.—Not later than one 14 year after the date of the enactment of this Act, the 15 Secretary of the Army, as executive agent for the 16 Counter-Small Unmanned Aircraft Systems Pro- 17 gram, shall submit to Congress a report on the 18 Counter-Small Unmanned Aircraft Systems Pro- 19 gram. 20 (2) ELEMENTS.—The report required by para- 21 graph (1) shall include the following: 22 (A) A description and assessment of the 23 structure and activities of the executive agent 24 as established and put in place by the Sec- 25 VerDate Sep 11 2014 23:12 Aug 18, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4413.IS S4413 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4413 IS retary, including any obstacles hindering the ef- 1 fective discharge of its functions and activities, 2 including limitations in authorities or policy. 3 (B) Recommendations for legislative or ad- 4 ministration action for any changes to statutes, 5 policies, or plans that may be required in order 6 to optimize the use by the Armed Forces of 7 counter-small unmanned aircraft systems. 8 (C) An assessment of the implementation 9 of the strategy required by subsection (c), and 10 a description of any updates to the strategy 11 that are required in light of evolving threats to 12 the Armed Forces from small unmanned air- 13 craft systems. 14 (e) REPORT ON THREAT FROM SMALL UNMANNED 15 AIRCRAFT SYSTEMS.— 16 (1) REPORT REQUIRED.—Not later than 180 17 days after the submittal of the strategy required by 18 subsection (c), the Secretary of Defense shall submit 19 to the appropriate committees of Congress a report 20 that sets forth a direct comparison between the 21 threats United States forces worldwide face from 22 small unmanned aircraft systems and the capabili- 23 ties of the United States to counter such threats. 24 The report shall be submitted in classified form. 25 VerDate Sep 11 2014 23:12 Aug 18, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4413.IS S4413 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4413 IS (2) COORDINATION.—The Secretary shall pre- 1 pare the report required by paragraph (1) in coordi- 2 nation with the Director of National Intelligence, 3 other appropriate officials of the intelligence commu- 4 nity, and such other officials in the United States 5 Government as the Secretary considers appropriate. 6 (3) ELEMENTS.—The report required by para- 7 graph (1) shall include the following: 8 (A) An evaluation and assessment of the 9 current and evolving threat being faced by 10 United States forces worldwide from small un- 11 manned aircraft systems. 12 (B) A description of the counter-small un- 13 manned aircraft systems acquired by the De- 14 partment of Defense as of the date of the en- 15 actment of this Act, and an assessment whether 16 such systems are adequate to meet the current 17 and evolving threat described in subparagraph 18 (A). 19 (f) INDEPENDENT ASSESSMENT OF COUNTER-SMALL 20 UNMANNED AIRCRAFT SYSTEMS PROGRAM.— 21 (1) ASSESSMENT.—Not later than 60 days 22 after the submittal of the strategy required by sub- 23 section (c), the Secretary of Defense shall seek to 24 enter into a contract with a federally funded re- 25 VerDate Sep 11 2014 23:12 Aug 18, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4413.IS S4413 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4413 IS search and development center to conduct an assess- 1 ment of the efficacy of the Counter-Small Un- 2 manned Aircraft Systems Program. 3 (2) ELEMENTS.—The assessment conducted 4 pursuant to paragraph (1) shall include the fol- 5 lowing: 6 (A) An identification of metrics to assess 7 progress in the implementation of the strategy 8 required by subsection (c), which metrics shall 9 take into account the threat assessment re- 10 quired for purposes of subsection (e). 11 (B) An assessment of progress, and key 12 challenges, in the implementation of the strat- 13 egy using such metrics, and recommendations 14 for improvements in the implementation of the 15 strategy. 16 (C) An assessment of the extent to which 17 the Department of Defense is coordinating ade- 18 quately with other departments and agencies of 19 the United States Government, and other ap- 20 propriate entities, in the development and pro- 21 curement of counter-small unmanned aircraft 22 systems for the Department. 23 (D) An assessment of the extent to which 24 the designation of the Secretary of the Army as 25 VerDate Sep 11 2014 23:12 Aug 18, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4413.IS S4413 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4413 IS executive agent for the Counter-Small Un- 1 manned Aircraft Systems Program has reduced 2 redundancies and increased efficiencies in pro- 3 curement of counter-small unmanned aircraft 4 systems. 5 (E) An assessment whether United States 6 technological progress on counter-small un- 7 manned aircraft systems is sufficient to main- 8 tain a competitive edge over the small un- 9 manned aircraft systems technology available to 10 United States adversaries. 11 (3) REPORT.—Not later than one year after 12 entry into the contract referred to in paragraph (1), 13 the Secretary shall submit to the congressional de- 14 fense committees a report setting forth the results of 15 the assessment required under the contract. 16 (g) DEFINITIONS.—In this section: 17 (1) The term ‘‘appropriate committees of Con- 18 gress’’ means— 19 (A) the Committee on Armed Services and 20 the Select Committee on Intelligence of the 21 Senate; and 22 (B) the Committee on Armed Services and 23 the Permanent Select Committee on Intelligence 24 of the House of Representatives. 25 VerDate Sep 11 2014 23:12 Aug 18, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4413.IS S4413 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4413 IS (2) The term ‘‘congressional defense commit- 1 tees’’ has the meaning given that term in section 2 101(a)(16) of title 10, United States Code. 3 Æ VerDate Sep 11 2014 23:12 Aug 18, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S4413.IS S4413 kjohnson on DSK79L0C42PROD with BILLS