[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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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]