[Congressional Record Volume 161, Number 101 (Tuesday, June 23, 2015)]
[House]
[Pages H4569-H4570]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HOMELAND SECURITY DRONE ASSESSMENT AND ANALYSIS ACT
Mr. LOUDERMILK. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1646) to require the Secretary of Homeland Security to
research how small- and medium-sized unmanned aerial systems could be
used in an attack, how to prevent or mitigate the effects of such an
attack, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1646
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Drone
Assessment and Analysis Act''.
SEC. 2. DRONE ASSESSMENT AND ANALYSIS.
(a) In General.--The Secretary of Homeland Security shall,
in consultation with the Secretary of Defense, the Secretary
of Transportation, the Secretary of Energy, and the Chairman
of the Nuclear Regulatory Commission research how
commercially available small and medium sized unmanned
aircraft, excluding aircraft over 1,300 pounds could be used
to perpetuate an attack and, based on such research, the
Secretary of Homeland Security shall develop policies,
guidance, and protocols for the Department of Homeland
Security to prevent such an attack or mitigate the risks of
such an attack. Not later than 180 days after the completion
of the research required under this subsection, the Secretary
of Homeland Security may provide, as appropriate, the
Secretary of Defense, the Secretary of Transportation, the
Secretary of Energy, and the Chairman of the Nuclear
Regulatory Commission information, based on such research,
regarding how to best prevent and mitigate the risk of such
an attack.
(b) Dissemination to State and Local Officials.--The
Secretary of Homeland Security shall disseminate information
to State, local, and tribal law enforcement officials and
State and major urban area fusion centers, as appropriate,
regarding how such officials may bolster preparedness for and
responses to attacks perpetrated by commercially available
small and medium sized unmanned aircraft, excluding aircraft
over 1,300 pounds.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science
and Transportation of the Senate an assessment of the
security risk associated with commercially available small
and medium sized unmanned aircraft, excluding aircraft over
1,300 pounds. Such assessment shall be informed by research
conducted in accordance with subsection (a), shall contain
recommendations, if applicable, to prevent and mitigate the
risk of an unmanned aircraft system attack, and may be
developed in coordination with the Centers of Excellence of
the Department of Homeland Security and other academic
institutions.
(d) Prohibition on New Funding.--No funds are authorized to
be appropriated to carry out this Act. This Act shall be
carried out using amounts appropriated or otherwise made
available for such purposes.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Georgia (Mr. Loudermilk) and the gentlewoman from New Jersey (Mrs.
Watson Coleman) each will control 20 minutes.
The Chair recognizes the gentleman from Georgia.
General Leave
Mr. LOUDERMILK. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include any extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Georgia?
There was no objection.
Mr. LOUDERMILK. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 1646.
The rapid increase of commercially available small-and medium-sized
unmanned aerial systems, or UAS, most often referred to as drones,
poses an emerging security threat. This is further evidenced by recent
high-profile events at the White House, French nuclear power plants,
and numerous airports and sports venues. Drones have been a part of
foiled terrorist plots, used to smuggle drugs across our borders, and
the negligent use of this technology presents a public safety risk.
During this Congress, bills have been introduced that focus on topics
such as the commercial uses of drones and the privacy concerns
associated with their use. However, nobody has tackled the security
implications of expanding the use of drones. H.R. 1646, the Homeland
Security Drone Assessment and Analysis Act, requires the Secretary of
Homeland Security to research how commercially available small- and
medium-sized drones could be used in an attack and to develop policies,
guidance, and protocols for the Department of Homeland Security to
prevent an attack.
By the end of fiscal year 2015, the Federal Aviation Administration
is expected to establish new rules to remove the waiver requirement and
allow the operation of drones for nonrecreational purposes in U.S.
airspace. Undoubtedly, these regulations would be better informed by a
DHS assessment of the potential security risks associated with the
expanded use of small- and medium-sized drones. H.R. 1646 is a good
first step towards protecting the country and the American people from
this emerging threat.
I reserve the balance of my time.
House of Representatives, Committee on Transportation and
Infrastructure, Washington, DC, June 9, 2015.
Hon. Michael T. McCaul
Chairman, Committee on Homeland Security, Washington, DC.
Dear Chairman McCaul: I write concerning H.R. 1646, the
Homeland Security Drone Assessment and Analysis Act. This
legislation includes matters that fall within the Rule X
jurisdiction of the Committee on Transportation and
Infrastructure.
In order to expedite floor consideration of H.R. 1646, the
Committee on Transportation and Infrastructure will forgo
action on this bill. However, this is conditional on our
mutual understanding that forgoing consideration of the bill
does not prejudice the Committee with respect to the
appointment of conferees or to any future jurisdictional
claim over the subject matters contained in the bill or
similar legislation that fall within the Committee's Rule X
jurisdiction. In addition, the bill's sponsor and the
Committee on Homeland Security have agreed to include two
changes to the bill in a Manager's Amendment on the House
Floor. Finally, I request you urge the Speaker to name
members of the Committee on Transportation and Infrastructure
to any conference committee named to consider H.R. 1646.
Please place a copy of this letter and your response
acknowledging our jurisdictional interest into the
Congressional Record during consideration of the measure on
the House floor.
Sincerely,
Bill Shuster,
Chairman.
____
House of Representatives
Committee on Homeland Security,
Washington, DC, June 10, 2015.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Chairman Shuster, Thank you for your letter regarding
H.R. 1646, the ``Homeland Security Drone Assessment and
Analysis Act.'' I appreciate your support in bringing this
legislation before the House of Representatives, and
accordingly, understand that the Committee on Transportation
and Infrastructure will forego further action on the bill.
The Committee on Homeland Security concurs with the mutual
understanding that by foregoing further action on this bill
at this time, the Committee on Transportation and
Infrastructure does not waive any jurisdiction over the
subject matter contained in this bill or similar legislation
in the future. In addition, should a conference on this bill
be necessary, I would support your request to have the
Committee on Transportation and Infrastructure represented on
the conference committee.
I will insert copies of this exchange in the report on the
bill and in the Congressional Record during consideration of
this bill on the house floor. I thank you for your
cooperation in this matter.
Sincerely,
Michael T. McCaul,
Chairman, Committee on Homeland Security.
Mrs. WATSON COLEMAN. Mr. Speaker, I yield myself such time as I may
consume.
I rise in strong support of H.R. 1646, the Homeland Security Drone
Assessment and Analysis Act, and in support of the House's adoption of
H.R. 1646. I introduced this legislation in response to testimony that
we received in committee this past March on gaps in our
[[Page H4570]]
understanding of the security implications of unmanned aerial systems,
UAS, in domestic airspace.
For example, off-the-shelf systems widely available today, in the
wrong hands, can jam transmitted signals, take surveillance imagery,
and carry dangerous weapons. Given these systems' capabilities, it is
important that there be a comprehensive study of the security risks and
plans to address them.
To that end, H.R. 1646 directs the Department of Homeland Security to
research how a commercially available small- and medium-sized drone
could be used to perpetrate an attack, and to develop policies,
guidance, and protocols to prevent such an attack or mitigate the risk
of such an attack.
As amended in committee, my legislation directs DHS to work with the
U.S. Departments of Transportation and Energy and the Nuclear
Regulatory Commission to carry out this research, and allows for DHS to
share advice and information based on that research with these key
Federal partners.
Mr. Speaker, drone technology holds great promise, with significant
social and economic benefits not yet fully realized. However, given the
rapid growth in the domestic drone market, it is important that we
identify and have strategies to mitigate the associated security risk.
If enacted, H.R. 1646 will enhance our Nation's security while, at
the same time, clarifying the framework for Americans' legitimate
interest in producing and using drones lawfully and safely.
Mr. Speaker, I urge my colleagues to support this legislation, H.R.
1646, to further the Department of Homeland Security's efforts to work
with other agencies on the security risks of small- and medium-sized
drones in domestic airspace.
Mr. Speaker, I yield back the balance of my time.
Mr. LOUDERMILK. Mr. Speaker, once again, I urge my colleagues to
support this strong, bipartisan piece of legislation.
I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Homeland
Security Committee, I rise in strong support of H.R. 1646, the
``Homeland Security Drone Assessment and Analysis Act.''
I support this bipartisan legislation because it addresses the
potential terrorist threat posed by small and medium-sized drones
throughout our country.
I thank my colleague, Congresswoman Watson Coleman of New Jersey, for
introducing this thoughtful and necessary legislation that will assist
the Department of Homeland Security.
The Homeland Security Drone Assessment and Analysis Act would require
the Department of Homeland Security to research how commercially
available small and medium-sized drones could be used to perpetrate an
attack.
Agencies will be tasked with the responsibility of taking the lead
for developing effective policies and guidance along with the proper
protocols which will assist in preventing an attack perpetrated with a
drone.
Information regarding how to properly respond to the potential
threats from these drones will be distributed to state and local law
enforcement agencies to allow them to develop approaches to mitigate
identified threats.
The protocols that will be developed as a result of this legislation
will assist every level of law enforcement in coordinated responses to
a drone related emergency.
Recent news reports of small drones crashing in areas such as on the
White House lawn and incidents including near misses with commercial
aircraft demonstrate the need for this legislation.
Mr. Speaker, one of the most important things that can and must
continue to be done is to protect our homeland from evolving threats.
Mr. Speaker, this is why I join my colleagues in working to
strengthen the laws that allow the Department of Homeland Security to
create policies that will address emergency protocol threats such as
the proliferation of commercial use of drones.
I urge all of my colleagues to join me in supporting passage of H.R.
1646.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Georgia (Mr. Loudermilk) that the House suspend the
rules and pass the bill, H. R. 1646, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: A bill to require
the Secretary of Homeland Security to research how certain commercially
available small and medium sized unmanned aircraft systems could be
used in an attack, how to prevent or mitigate the risk of such an
attack, and for other purposes.''.
A motion to reconsider was laid on the table.
____________________