[House Report 116-309]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-309
======================================================================
PROTECTING CRITICAL INFRASTRUCTURE AGAINST DRONES AND EMERGING THREATS
ACT
_______
November 22, 2019.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 4432]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 4432) to require the Department of Homeland
Security to prepare a terrorism threat assessment relating to
unmanned aircraft systems, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 4
Federal Mandates Statement....................................... 5
Statement of General Performance Goals and Objectives............ 5
Duplicative Federal Programs..................................... 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits.......................................................
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation................... 6
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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. Such
assessment and report shall also include a classified plan to mitigate
such threat, as appropriate.
(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).
PURPOSE AND SUMMARY
H.R. 4432, the ``Protecting Critical Infrastructure Against
Drones and Emerging Threats Act,'' requires the Under Secretary
for Intelligence and Analysis of the Department of Homeland
Security (DHS) to partner with other Federal agencies, State
and local governments, and private sector entities to obtain
terrorism threat information relating to unmanned aircraft
systems and other emerging technologies. Additionally, the bill
requires DHS to develop a threat assessment of the amassed
information and create a secure information sharing platform
where the agency can collect and analyze data from its partners
and critical infrastructure owners and operators.
BACKGROUND AND NEED FOR LEGISLATION
In September 2019, Iranian-backed forces used drones to
strike Saudi Arabian crude oil infrastructure, disrupting the
production of almost six million barrels of oil per day.\1\
This incident served as an important reminder about the threats
unauthorized unmanned aerial systems, or drones, pose to
critical infrastructure globally. As the world's leader in
crude oil and natural gas production, the global economy is
tied to the success and security of the U.S. energy
infrastructure. Pipelines, refineries, storage facilities, and
petrochemical production plants all face security risks from
unmanned aircraft systems.
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\1\Ben Hubbard, et al., Two Major Saudi Oil Installations Hit by
Drone Strike, and U.S. Blames Iran, N.Y. Times (Sep.15, 2019), https://
www.nytimes.com/2019/09/14/world/middleeast/saudi-arabia-refineries-
drone-attack.html.
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Energy infrastructure is only one of several Federally-
designated critical infrastructure sectors that, if targeted,
could pose a significant threat to national security.
Transportation, water, electric energy, and dams are all
critical infrastructure systems that may be susceptible to
kinetic attacks, particularly by drones. Currently, however,
there is no central location where the owners and operators of
critical infrastructure can submit information on threats that
they observe. Representative Cedric Richmond (D-LA) introduced
H.R. 4432 to ensure that owners and operators of critical
infrastructure assets can share such threat information with
DHS.
HEARINGS
For the purposes of section 103(i) of H. Res 6. of the
116th Congress, the following hearings were used to develop
H.R. 4432:
On June 25, 2019, the Committee held a
hearing entitled ``Cybersecurity Challenges for State
and Local Governments: Assessing How the Federal
Government Can Help.'' The Committee received testimony
from Keisha Lance Bottoms, Mayor, City of Atlanta;
Thomas Duffy, Senior Vice President of Operations and
Chair of Multi-State ISAC, Center for Internet
Security; Ahmad Sultan, Affiliated Researcher, Center
for Long Term Cybersecurity, University of California,
Berkeley; and Frank J. Cilluffo, Director, McCrary
Institute for Cyber and Critical Infrastructure
Security, Auburn University.
On September 10, 2019, the Committee held a
hearing entitled ``Global Terrorism: Threats to the
Homeland, Part I.'' The Committee received testimony
from Peter Bergen, Vice President, Global Studies and
Fellows, New America; Ali Soufan, Founder, the Soufan
Center; Brian Levin, Director, Center for the Study of
Hate and Extremism; and Thomas Joscelyn, Senior Fellow,
Foundation for the Defense of Democracies.
COMMITTEE CONSIDERATION
The Committee met on September 25, 2019, with a quorum
being present, to consider H.R. 4432 and ordered the measure to
be reported to the House with a favorable recommendation, with
an amendment, by unanimous consent.
The following amendment was offered and agreed to by
unanimous consent:
An amendment offered by Mr. Crenshaw.
Page 3, line 13, insert the following after ``agencies.'':
``Such assessment and report shall also include a classified
plan to mitigate such threat, as appropriate.''.
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. 4432.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
CONGRESSIONAL BUDGET OFFICE ESTIMATE NEW BUDGET AUTHORITY, ENTITLEMENT
AUTHORITY, AND TAX EXPENDITURES
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, The Committee adopts as its
own the cost estimate prepared by the Director of the
Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 11, 2019.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4432, the
Protecting Critical Infrastructure Against Drones and Emerging
Threats Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 4432 would require the Department of Homeland Security
(DHS) to prepare assessments of the threats presented by
unarmed aircraft systems (or drones) and other emerging threats
associated with such new technologies. DHS is currently
carrying out activities similar to those required by the bill.
Any new activities required under the bill would not require
substantial action by the department and would cost less than
$500,000, CBO estimates.
The CBO staff for this estimate is Mark Grabowicz. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office.
DUPLICATIVE FEDERAL PROGRAMS
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 4432 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the objective of H.R. 4432 is to
improve terrorism threat information sharing relating to
unmanned aircraft systems and emerging technology between the
Department of Homeland Security, Federal, state and local
governments, and critical infrastructure owner and operators
through the dissemination of threat assessments and by
developing a platform for the voluntary sharing of threat
information from critical infrastructure owners and operators.
ADVISORY ON EARMARKS
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(d), 9(e), or 9(f) of the rule
XXI.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
This section provides that this bill may be cited as the
``Protecting Critical Infrastructure Against Drones and
Emerging Threats Act.''
Sec 2. Drone and emerging threat assessment
This section requires the Under Secretary for Intelligence
and Analysis (I&A) of the Department of Homeland Security to
gather information from across the Federal government, State
and local government agencies, and the private sector relating
to terrorism threats from unmanned aircraft systems and other
emerging terrorism threats associated with new technologies.
The I&A Under Secretary is directed to develop and
disseminate, in consultation with relevant Federal agencies, a
terrorism threat assessment regarding unmanned aircraft systems
and other emerging terrorism threats associated with new
technologies.
Further, the I&A Under Secretary is required to develop a
secure information sharing platform for the access, receipt,
and analysis of data and threat information by DHS.
Additionally, DHS must establish a voluntary mechanism where
critical infrastructure owners and operators may report
information on emerging terrorism threats.
The I&A Under Secretary is also required to prepare, within
one year, and share with Federal, State, and local governments,
a terrorism threat assessment on the terrorism threat posed by
unmanned aircraft systems.
Lastly, this section exempts activities related to the
Drone and Emerging Threat Assessment from the ``Paperwork
Reduction Act,'' and defines the terms ``critical
infrastructure'' and ``unmanned aircraft system.''
[all]