[House Report 116-356]
[From the U.S. Government Publishing Office]


116th Congress }                                              { Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                              { 116-356

======================================================================



 
        DHS COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR ACT

                                _______
                                

 December 18, 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. 3787]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3787) 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 with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     3
Hearings.........................................................     3
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     4
Federal Mandates Statement.......................................     6
Statement of General Performance Goals and Objectives............     6
Duplicative Federal Programs.....................................     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7

    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 ``DHS Countering Unmanned Aircraft 
Systems Coordinator Act''.

SEC. 2. UNMANNED AIRCRAFT SYSTEMS COUNTERMEASURES COORDINATOR.

  (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.) is amended by adding at the end the following new 
section:

``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, including 
the Office for Civil Rights and Civil Liberties and the Privacy Office 
and other relevant Federal agencies, as appropriate, on the development 
of policies and plans to counter threats associated with UAS, including 
the following:
          ``(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.
          ``(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 offices and components and other relevant Federal agencies, 
as appropriate, 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.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of the 
Homeland Security Act of 2002 is amended by inserting after the item 
relating to section 320 the following new item:

``Sec. 321. Countering Unmanned Aircraft Systems Coordinator.''.

                           Purpose and Summary

    H.R. 3787, the ``DHS Countering Unmanned Aircraft Systems 
Coordinator Act,'' will amend the Homeland Security Act of 2002 
to establish in the Department of Homeland Security (the 
Department or DHS) a Countering Unmanned Aircraft Systems 
(CUAS) Coordinator. H.R. 3787 enables DHS to centralize the 
coordination of counter-drone threat planning efforts at DHS 
under one official. Last year, legislation was enacted into law 
that granted the Department statutory authority to counter 
credible threats from unmanned aircraft systems to the safety 
or security of a covered facility or asset.\1\ Under H.R. 3787, 
the Coordinator would be responsible for coordinating with 
relevant DHS components on the development of policies and 
plans to counter threats from UAS. The Coordinator would 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.
---------------------------------------------------------------------------
    \1\Division H of the ``FAA Reauthorization Act of 2018'' (P.L. 115-
254).
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                  Background and Need for Legislation

    The increased availability and expanded use of unmanned 
aircraft systems, commonly known as drones, have raised 
significant security concerns. Drones provide both a robust 
aerial delivery mechanism for potentially hazardous material 
payloads and anonymity for would be attackers. Terrorist groups 
such as ISIS, Hezbollah, and Hamas, among others, have all used 
drones in varying capacities including for surveillance and 
armed attacks.\2\ Cartels have also weaponized drones and used 
them for smuggling operations, among other things.\3\ 
Additionally, unidentified drones have been flown over NFL and 
Olympic stadiums during events, potentially posing a 
significant threat to sports fans and spectators.\4\
---------------------------------------------------------------------------
    \2\Testimony of Peter Bergen, Vice President, Global Studies and 
Fellows, New America before the House Committee on Homeland Security 
for the hearing entitled ``Global Terrorism: Threats to the Homeland, 
Part I'' on September 10, 2019.
    \3\Gina Harkins, Illicit drone flights surge along U.S.-Mexico 
border as smugglers hunt for soft spots, The Washington Post (June 24, 
2018) https://www.washingtonpost.com/world/national-security/illicit-
drone-flights-surge-along-us-mexico-border-as-smugglers-hunt-for-soft-
spots/2018/06/24/ea353d2a-70aa-11e8-bd50-b80389a4e569_story.html 
(accessed November 26, 2019).
    \4\Michael Laris, Stadium and team owners see drones as major 
league threat, The Washington Post (May 11, 2018) https://
www.washingtonpost.com/local/trafficandcommuting;nationalinclude;/
stadium-and-team-owners-see-drones-as-major-league-threat/2018/05/10/
83e0b954-50ad-11e8-84a0-458a1aa9ac0a_story.html (accessed November 26, 
2019); and Russell Brandom, How Brazil is trying (and failing) to keep 
drones away from the Olympics, The Verge (August 8, 2016) https://
www.theverge.com/2016/8/8/12402972/olympics-rio-2016-anti-drone-
jamming-public-safety (accessed November 26, 2019).
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    Federal and State regulators have struggled to keep pace 
with the exponential growth in the use of drones. In 2016, the 
Federal Aviation Administration and Department of 
Transportation promulgated regulations, which included 
prohibitions on attaching hazardous materials to drones.\5\ 
Several DHS offices and components are members of numerous 
interagency and industry drone working groups, which promote 
information sharing, research, and joint problem-solving 
initiatives. The DHS Science and Technology Directorate 
assesses the capabilities and threats associated with drones 
and how technology can be used to offer solutions. The 
Department's 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. 3787.
---------------------------------------------------------------------------
    \5\Federal Aviation Administration and Office of the Secretary of 
Transportation, Department of Transportation, Final Rule: Operation and 
Certification of Small Unmanned Aircraft Systems (June 28, 2016) 
https://www.federalregister.gov/documents/2016/06/28/2016-15079/
operation-and-certification-of-small-unmanned-aircraft-systems 
(accessed November 26, 2019).
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    Earlier this year, the Committee held briefings related to 
threats to the homeland, which included the use of armed drones 
by global and domestic terrorist groups. Under H.R. 3787, the 
Coordinator would work with Department offices and components 
to coordinate on the development of policies and plans to 
counter drones that may be used in a terrorist attack on the 
homeland.

                                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. 3787:
           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 October 23, 2019, with a quorum being 
present, to consider H.R. 3787 and ordered the measure to be 
reported to the House with a favorable recommendation, with 
amendments, by unanimous consent.
    The following amendments were offered and agreed to by 
unanimous consent:
    An amendment offered by Ms. Jackson Lee.
          Page 2, line 12, insert ``, including the Office for 
        Civil Rights and Civil Liberties and the Privacy 
        Office,'' after ``components''.
    An amendment offered by Ms. Lesko.
          Page 2, line 12, insert ``and other relevant Federal 
        agencies, as appropriate,'' after ``components''
          Page 3, line 6 insert ``and other relevant Federal 
        agencies, as appropriate,'' after ``components and 
        offices''

                            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. 3787.

                      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 estimate of the estimate of new budget authority, 
entitlement authority, or tax expenditures or revenues 
contained in the cost estimate prepared by the Director of the 
Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, December 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 Department of Homeland 
Security Legislation.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kim Cawley.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    On October 23, 2019, the House Committee on Homeland 
Security ordered reported the following bills:
           H.R. 2932, the Homeland Security for 
        Children Act, which would direct the Department of 
        Homeland Security (DHS) to consider the needs of 
        children during its strategic planning activities (such 
        as preparation for natural disasters);
           H.R. 3787, the DHS Countering Unmanned 
        Aircraft Systems Coordinator Act, which would direct 
        DHS to designate one of its officials to coordinate the 
        department's efforts to combat threats from unmanned 
        aircraft systems (or drones);
           H.R. 4737, the Department of Homeland 
        Security Climate Change Research Act, which would 
        direct DHS to assess and potentially expand upon 
        existing federal research projects that examine ways to 
        mitigate the effects of climate change on homeland 
        security programs; and
    DHS is currently carrying out activities similar to those 
required by the bills listed above, and any new activities 
required under the legislation would not require substantial 
action by the department. Thus, CBO estimates that implementing 
each bill would not have a significant cost; any spending would 
be subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is Kim Cawley. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                       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.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 3787 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. 3787 is for the 
Secretary of Homeland Security to designate a Countering 
Unmanned Aircraft Systems Coordinator to coordinate all 
relevant Department policies and activities for countering-
unmanned aircraft systems that may be used in an attack on the 
homeland.

                          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 
``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, including the Office for Civil Rights and Civil 
Liberties and the Privacy Office, as well as other relevant 
Federal agencies as appropriate, 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, as well as other 
relevant Federal agencies, as appropriate, 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 expects 
the Coordinator to 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.

         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 (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. 301. Under Secretary for Science and Technology.
     * * * * * * *
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, including the Office for Civil Rights and Civil 
Liberties and the Privacy Office and other relevant Federal 
agencies, as appropriate, on the development of policies and 
plans to counter threats associated with UAS, including the 
following:
          (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.
          (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 offices and components and 
other relevant Federal agencies, as appropriate, 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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