[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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