[House Report 115-908]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-908
======================================================================
DHS COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR ACT
_______
August 28, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 6438]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 6438) to amend the Homeland Security Act of 2002
to establish in the Department of Homeland Security an Unmanned
Aircraft Systems Coordinator, and for other purposes, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Congressional Budget Office Estimate............................. 3
Statement of General Performance Goals and Objectives............ 4
Duplicative Federal Programs..................................... 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Purpose and Summary
The purpose of H.R. 6438 is to amend the Homeland Security
Act of 2002 to establish in the Department of Homeland Security
a Countering Unmanned Aircraft Systems (UAS) Coordinator. H.R.
6438 enables DHS to centralize the coordination of counter-
drone threat planning efforts at DHS under one official. Under
H.R. 6438, the Countering UAS Coordinator is responsible for
coordinating with relevant DHS components on the development of
policies and plans to counter threats from UAS. The Coordinator
will also serve as the principal Department official
responsible for disseminating information to the private sector
regarding DHS counter-drone measures and will ensure that DHS
counter-drone activities are carried out in accordance with
Federal laws.
Background and Need for Legislation
Recent incidents involving unmanned aircraft systems,
commonly known as drones, have brought to light growing
security concerns and risks due to the increased availability
and expanded use of drones. Drones provide both a robust aerial
delivery mechanism for potentially hazardous material payloads
and anonymity for would-be attackers. ISIS has utilized drones
for reconnaissance and munition delivery missions in Iraq and
Syria, and other known incidents involving drones have included
weaponized use by cartels, smuggling operations, among other
things. Additionally, unidentified drones have been flown over
NFL and Olympic stadiums, potentially posing a significant
threat to millions of sports fans and eventgoers.
Federal and State regulators have struggled to keep pace
with the exponential growth in the use of drones. In 2016, the
Federal Aviation Administration promulgated regulations, which
included prohibitions on attaching hazardous materials to
drones. Several Department of Homeland Security offices and
components are members of numerous interagency and industry
drone working groups, which promote information sharing,
research, and joint problem-solving initiatives. The Science
and Technology Directorate assesses the capabilities and
threats associated with drones and how technology can be used
to offer solutions. The Office of Intelligence and Analysis
assesses the threats posed by small drones within the homeland.
However, the Department currently does not have a centralized,
Department-wide official responsible for the coordination of
counter-drone policies and activities, as is required by H.R.
6438.
Earlier this year, the Committee held a classified briefing
to learn more about drone threats to the homeland.
Additionally, numerous bills have been introduced in both the
House of Representatives and Senate during the 115th Congress
to provide the Department of Homeland Security and Department
of Justice with the authorities to counter threats from drones.
Under H.R. 6438, the Coordinator works with Department offices
and components to coordinate on the development of policies and
plans implementing authorities like those proposed by Congress
to counter drones that may be used in a terrorist attack on the
homeland.
Hearings
The Committee held several briefings with officials from
the Department, which provided information that helped the
Committee develop an understanding of the need for this
legislation.
Committee Consideration
The Committee met on July 24, 2018, to consider H.R. 6438,
and ordered the measure to be reported to the House with a
favorable recommendation, without amendment, by unanimous
consent.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 4638.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
6438, the DHS Countering Unmanned Aircraft Systems Coordinator
Act, would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 6, 2018.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for Department of Homeland
Security legislation ordered reported by the Committee on
Homeland Security on July 24, 2018.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall,
Director.
Enclosure.
Department of Homeland Security Legislation
On July 24, the House Committee on Homeland Security
ordered three bills to be reported. The bills are:
H.R. 6400, the United States Ports of Entry
Threat and Operational Review Act;
H.R. 6430, the Securing the Homeland
Security Supply Chain Act of 2018; and
H.R. 6438, the DHS Countering Unmanned
Aircraft Systems Coordinator Act.
H.R. 6400 would require the Department of Homeland Security
(DHS) to prepare an analysis of security issues at U.S. ports
of entry and a plan to mitigate threats to ports. H.R. 6430
would authorize DHS to take certain actions to improve the
security of information and telecommunications systems acquired
by the department. H.R. 6438 would direct DHS to designate one
of its officials to coordinate the department's efforts to
combat threats from unmanned aircraft systems (or drones).
CBO estimates that enacting those bills would not
significantly affect spending by DHS in any fiscal year because
the department could implement each bill with minimal
additional personnel.
Enacting the bills would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting the bills would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
None of the bills contain intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 6438 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This bill requires the Secretary to designate a Countering
Unmanned Aircraft Systems Coordinator of the Department.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 6438 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 6438 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 6438 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
``DHS Countering Unmanned Aircraft Systems Coordinator Act''.
Sec. 2. Unmanned Aircraft Systems Countermeasures Coordinator
This section establishes a new Section 321 of the Homeland
Security Act as follows:
Subsection 321(a) authorizes the Secretary to designate a
Countering Unmanned Aircraft Systems Coordinator of the
Department to coordinate with relevant Department offices and
components on the development of polices and plans to counter
threats associated with unmanned aircraft systems. The
Coordinator's responsibilities include coordinating all
relevant Department policies and activities for countering
unmanned aircraft systems that may be used in a terrorist
attack on the homeland; promoting the research and development
of counter unmanned aircraft systems technologies within the
Department; ensuring that information and guidance regarding
unmanned aircraft system threats are disseminated as
appropriate; and providing Federal, State, local and tribal law
enforcement and the private sector with the appropriate
unmanned aircraft systems-related points of contact within the
Department.
Subsection 321(b) requires the Coordinator to coordinate
with Department offices and components to ensure that any
testing, evaluation, or deployment of systems used to identify,
assess, or defeat unmanned aircraft systems by the Department
operate in compliance with Federal law. The Committee also
expects that the Coordinator work with Department offices and
components to carry out the functions of this section with due
consideration given to avoid interference with lawful aviation
operations.
Subsection 321(c) requires that the Coordinator work with
relevant Department offices, including the Office of
Partnership and Engagement, and other Federal agencies to share
information regarding counter unmanned aircraft system
technology with parties in the private sector whose systems or
services may be impacted by the use of such technology. The
Committee expects that the Coordinator serve as the
Department's lead official responsible for providing the
private sector with information regarding the use of
technologies by the Department to counter unmanned aircraft
systems in order to limit, to the extent practical, the impact
of such technologies on private sector services and systems.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
[Sec. 317. Promoting antiterrorism through international cooperation
program.
[Sec. 319. EMP and GMD mitigation research and development.
[Sec. 318. Social media working group.
[Sec. 319. Transparency in research and development.]
Sec. 317. Promoting antiterrorism through international cooperation
program.
Sec. 318. Social media working group.
Sec. 319. Transparency in research and development.
Sec. 320. EMP and GMD mitigation research and development.
Sec. 321. Countering Unmanned Aircraft Systems Coordinator.
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
SEC. 321. COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR.
(a) Coordinator.--The Secretary shall designate an official
of the Department as the Countering Unmanned Aircraft Systems
(UAS) Coordinator (in this section referred to as the
``Coordinator'') to coordinate with relevant Department offices
and components on the development of policies and plans to
counter threats associated with UAS, including--
(1) countering UAS that may be used in a terrorist
attack;
(2) promoting research and development of counter UAS
technologies;
(3) ensuring the dissemination of information and
guidance related to countering UAS threats;
(4) serving as the Department point of contact for
Federal, State, local, and tribal law enforcement
entities and the private sector regarding the
Department's activities related to countering UAS; and
(5) carrying out other related UAS activities, as
directed by the Secretary.
(b) Coordination With Applicable Federal Laws.--The
Coordinator shall, in addition to other assigned duties,
coordinate with relevant Department components and offices to
ensure testing, evaluation, or deployment of a system used to
identify, assess, or defeat a UAS is carried out in accordance
with applicable Federal laws.
(c) Coordination With Private Sector.--The Coordinator shall,
working with the Office of Partnership and Engagement and other
relevant Department offices and components, or other Federal
agencies, as appropriate, serve as the principal Department
official responsible for disseminating to the private sector
information regarding counter UAS technology, particularly
information regarding instances in which counter UAS technology
may impact lawful private sector services or systems.
* * * * * * *
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