[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.

                          ____________________