[Congressional Record Volume 164, Number 158 (Tuesday, September 25, 2018)]
[House]
[Pages H8750-H8752]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROTECTING CRITICAL INFRASTRUCTURE AGAINST DRONES AND EMERGING THREATS 
                                  ACT

  Mr. McCAUL. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 6620) to require the Department of Homeland Security to 
prepare a threat assessment relating to unmanned aircraft systems, and 
for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6620

       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 ``Protecting Critical 
     Infrastructure Against Drones and Emerging Threats Act''.

     SEC. 2. DRONE AND EMERGING THREAT ASSESSMENT.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Under Secretary for Intelligence 
     and Analysis of the Department of Homeland Security shall--
       (1) in consultation with other relevant officials of the 
     Department, request additional information from other 
     agencies of the Federal Government, State and local 
     government agencies, and the private sector relating to 
     threats of unmanned aircraft systems and other emerging 
     threats associated with such new technologies;
       (2) in consultation with relevant officials of the 
     Department and other appropriate agencies of the Federal 
     Government, develop and disseminate a security threat 
     assessment regarding unmanned aircraft systems and other 
     emerging threats associated with such new technologies; and
       (3) establish and utilize, in conjunction with the Chief 
     Information Officer of the Department and other relevant 
     entities, a secure communications and information technology 
     infrastructure, including data-mining and other advanced 
     analytical tools, in order to access, receive, and analyze 
     data and information in furtherance of the responsibilities 
     under this section, including by establishing a voluntary 
     mechanism whereby critical infrastructure owners and 
     operators may report information on emerging threats, such as 
     the threat posed by unmanned aircraft systems.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Under Secretary for Intelligence 
     and Analysis of the Department of Homeland Security shall 
     prepare a threat assessment and report to the Committee on 
     Homeland Security of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate on the threat posed by unmanned aircraft systems, 
     including information collected from critical infrastructure 
     owners and operators and Federal, State, and local government 
     agencies.
       (c) Definitions.--
       (1) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given such term in section 
     1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).
       (2) Unmanned aircraft system.--The term ``unmanned aircraft 
     system'' has the meaning given such term in section 331 of 
     the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 
     note; Public Law 112-95).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. McCaul) and the gentleman from Louisiana (Mr. Richmond) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. McCAUL. 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 Texas?
  There was no objection.
  Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of this legislation that will 
help protect the American people from threatening drones. Drones are 
being used to cross America more and more every year. News outlets use 
drones to capture footage for a breaking story. Photographers use them 
to take photos and videos at weddings, sporting events, and rock 
concerts. They also are used by law enforcement to help document crime 
scenes or assist with search and rescue operations. Those are all good 
things.
  However, drones or other unmanned aerial systems can also pose a 
threat if they are controlled by terrorists or criminals. For example, 
ISIS used them to carry out attacks and conduct reconnaissance 
overseas. Here at home, criminals are using drones to smuggle drugs 
across our borders and surveil law enforcement. The FBI even disrupted 
a plot to attack the Pentagon with a drone loaded with grenades.
  The threats we face from drones are constantly evolving as the 
technology becomes more accessible across the globe. We need to do more 
to confront these dangers.
  This legislation requires the Under Secretary for Intelligence and 
Analysis at DHS to develop a drone threat assessment with information 
gathered from Federal, State, local, and private sector partners.
  It also directs the Under Secretary to establish a secure 
communications infrastructure for receiving and analyzing such threat 
information.
  Further, this bill sets up a voluntary mechanism for critical 
infrastructure owners and operators to report information on similar 
emerging threats.
  Mr. Speaker, I thank Congressman Richmond and Congressman Ratcliffe 
for their hard work on this issue. I think this bill will allow us to 
strengthen our intelligence gathering and stay one step ahead of our 
enemies.
  I am pleased that the Senate and House were also able to include the 
Preventing Emerging Threats Act, legislation I introduced with 
Congressman Chabot, in the FAA bill that will be on the floor tomorrow. 
This will give DHS the authority to counter drones in our airspace if 
they are determined to be a threat to national security.
  This bill provides DHS and DOJ with the ability to act quickly and 
effectively when a drone poses a security risk to large-scale events, 
national security events, and government facilities.
  Secretary Nielsen described this legislation as ``a critical step in 
enabling the Department to address this threat.''
  Let's provide DHS with the tools it needs to confront these threats 
before they get worse.
  Mr. Speaker, I urge my colleagues to support these bipartisan bills, 
and I reserve the balance of my time.

         Committee on Transportation and Infrastructure, House of 
           Representatives,
                               Washington, DC, September 21, 2018.
     Hon. Michael McCaul,
     Chairman, Committee on Homeland Security,
     Washington, DC.
       Dear Chairman McCaul: I write concerning H.R. 6620, the 
     Protecting Critical Infrastructure Against Drones and 
     Emerging Threats Act. This legislation includes matters that 
     fall within the Rule X jurisdiction

[[Page H8751]]

     of the Committee on Transportation and Infrastructure.
       In order to expedite floor consideration of H.R. 6620, 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 
     would 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. I request you urge the Speaker to name members 
     of the Committee to any conference committee named to 
     consider such provisions.
       Please place a copy of this letter and your response 
     acknowledging our jurisdictional interest in the 
     Congressional Record during House Floor consideration of the 
     bill. I look forward to working with the Committee on 
     Homeland Security as the bill moves through the legislative 
     process.
           Sincerely,
                                                     Bill Shuster,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                               Washington, DC, September 21, 2018.
     Hon. Bill Shuster,
     Chairman, Committee on Transportation and Infrastructure, 
         Washington, DC.
       Dear Chairman Shuster: Thank you for your letter regarding 
     H.R. 6620, the ``Protecting Critical Infrastructure Against 
     Drones and Emerging Threats 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 consideration of the bill.
       The Committee on Homeland Security concurs with the mutual 
     understanding that by foregoing consideration of 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 represented 
     on the conference committee.
       I will insert copies of this exchange 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.

  Mr. RICHMOND. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 6620, the Protecting Critical 
Infrastructure Against Drones and Emerging Threats Act.
  Mr. Speaker, H.R. 6620 would require the Department of Homeland 
Security to take action to better understand and address an emerging 
threat posed by unmanned aerial systems--or drones--to our Nation's 
critical infrastructure.
  These technologies are not new, but their applications have evolved 
rapidly in recent years. Some of these uses are important to keeping 
the public safe, growing our economy, and providing new ways to explore 
the world, including giving first responders better information in an 
emergency, for example. But, we also know that drones can be used for 
espionage, be weaponized, or even to carry out a terrorist attack.
  My district in Louisiana has one of the Nation's highest 
concentrations of critical infrastructure, including pipelines, 
refineries, ports, airports, stadiums, and a wide range of other key 
assets and resources.
  When I speak with critical infrastructure owners and operators, they 
recognize the benefits of drone technology. Many of them even put them 
to good use in their own businesses. At the same time, they are 
troubled by the risks posed by unknown, unauthorized drones operating 
over their facilities.
  Over the past year, I have asked owners and operators what we in 
government can do to help them address this threat. What I heard is 
that, at a minimum, they need a way to report potentially dangerous 
drone activity to DHS when they detect it.
  In a hearing this spring before the Cybersecurity and Infrastructure 
Protection Subcommittee, where I serve as ranking member, stakeholders 
from the chemical industry testified about this challenge on the 
record. They told us that when a facility detects a drone in their 
airspace, they aren't sure what to do about it, or even who to tell.
  H.R. 6620 would address this gap in a few ways.
  First, it would require DHS to establish a channel for reporting 
information on drones, as well as other emerging threats, securely, 
through a communications infrastructure, developed in conjunction with 
the Department's chief information officer.
  This bill would also direct DHS's Under Secretary for Intelligence 
and Analysis to develop and disseminate a threat assessment on unmanned 
aerial systems and other emerging threats associated with drone 
technology. The assessment would be informed by Federal, State, local, 
and private sector partners, and prepared in consultation with other 
DHS components, like the National Protection and Programs Directorate, 
that have relevant expertise.
  Finally, H.R. 6620 would require DHS to report its findings to 
Congress within 1 year.
  Together, these provisions call on DHS to take a closer look at a 
significant threat to our Nation's critical infrastructure--the threat 
of drone-enabled attacks--while also creating an enduring mechanism for 
DHS to continue gathering information on emerging threats from the 
owners and operators who stand on the front line of defense.
  Mr. Speaker, H.R. 6620 would direct the Department of Homeland 
Security to do more to understand, assess, and respond to the threat 
posed by drones, while also creating an avenue for two-way information 
sharing about emerging threats.
  My bill creates a new channel for critical infrastructure owners and 
operators to report potentially dangerous drone activity in their 
airspace, and other new threats as they evolve. Creating a way for 
owners and operators to relay this information, on a voluntary basis, 
would give DHS access to better data and a more comprehensive view of 
the threat environment.
  Before I yield back, I would like to also express support for a 
related provision in the FAA package that is expected to be considered 
tomorrow. It would allow DHS to research technologies to counter 
threats of unmanned aerial systems being exploited to carry out 
terrorism or dangerous activity.
  Mr. Speaker, I urge my colleagues to support H.R. 6620, and I yield 
back the balance of my time.
  Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, on September 11, a United Airlines flight was headed 
towards the Capitol. Thank God those heroes that day brought down that 
airliner in Shanksville, Pennsylvania, and this great building that we 
are standing in today was not destroyed with an image I don't think the 
American people could accept.
  However, those terrorists are exploiting these drones. We have seen 
them in Iraq and Syria with explosives and chemical weapons. We have 
also disrupted plots for the use of drones against both the Pentagon 
and the United States Capitol. A drone, unlike an airplane, could hit 
the United States Capitol very quickly. We need to give the Department 
the tools and the authorities necessary to protect our American 
institutions.
  Mr. Speaker, I urge support of this bill, and I yield back the 
balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise today in support of H.R. 6620, 
the Protecting Critical Infrastructure Against Drones and Emerging 
Threats Act.
  This much needed measure would direct the Department of Homeland 
Security to complete a vulnerability assessment of the threat posed by 
Unmanned Air Systems (UAS) to our critical infrastructure assets.
  The results of the assessment would be reported to Congress, 
providing policymakers with much needed information to better protect 
our critical infrastructure assets.
  Unmanned Air Systems, or drones, hold great promise, and may one day 
change the world as we know it.
  As the technology develops however, there is always the risk that 
malicious actors may seek to use it to cause harm or destruction.
  Drones offer the ability for almost anyone to bypass most physical 
security measures of our critical infrastructure facilities.
  These facilities, such as nuclear power plants and oil refineries, 
depend on physical security and access control to ensure that 
operations are secured and remain operational.
  Drones could potentially allow a malicious actor to bypass the 
security of a facility, carry out an explosive or chemical attack, or 
conduct surveillance of prohibited areas.
  At a time when our critical infrastructure assets are under constant 
attack, and have suffered serious breaches in recent years, we must 
take action to ensure that the ability of our citizens and the ability 
of federal agencies to carry out their duties are resilient.

[[Page H8752]]

  As a long-time advocate of a government that works efficiently for 
the people, it is clear that current security practices protecting our 
critical infrastructure are neither sufficient nor consistent.
  Without an honest effort to even get a obtain view of the security 
risks facing critical infrastructure assets we will continue to be 
increasingly vulnerable.
  While conducting threat assessments like this will harden the 
security posture of the federal government and our critical 
infrastructure assets, we are still suffering from a shortage of 
workers with the requisite skills to secure them.
  To address this, I have introduced the Cyber Security Education and 
Federal Workforce Enhancement Act (H.R. 1981), which would address our 
cyber workforce shortage by establishing an Office of Cybersecurity 
Education and Awareness within DHS which will focus on:
  Recruiting information assurance, cybersecurity, and computer 
security professionals;
  Providing grants, training programs, and other support for 
kindergarten through grade 12, secondary, and post-secondary computer 
security education programs;
  Supporting guest lecturer programs in which professional computer 
security experts lecture computer science students at institutions of 
higher education;
  Identifying youth training programs for students to work in part-time 
or summer positions at federal agencies; and
  Developing programs to support underrepresented minorities in 
computer security fields with programs at minority-serving 
institutions, including Historically Black Colleges and Universities, 
Hispanic-serving institutions, Native American colleges, Asian-American 
institutions, and rural colleges and universities.
  Mr. Speaker, government agencies and the owners of critical 
infrastructure alike continue to struggle to identify the factors and 
technologies that put them at risk.
  In closing, Mr. Speaker, I urge all members to join me in voting to 
pass H.R. 6620, the ``Protecting Critical Infrastructure Against Drones 
and Emerging Threats Act''.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. McCaul) that the House suspend the rules and 
pass the bill, H.R. 6620.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________