[Senate Report 116-91]
[From the U.S. Government Publishing Office]
Calendar No. 195
116th Congress } { Report
SENATE
1st Session } { 116-91
_______________________________________________________________________
DHS COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY
AND GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 1867
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
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 10, 2019.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
89-010 WASHINGTON : 2019
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio GARY C. PETERS, Michigan
RAND PAUL, Kentucky THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah KAMALA D. HARRIS, California
RICK SCOTT, Florida KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri
Gabrielle D'Adamo Singer, Staff Director
Joseph C. Folio III, Chief Counsel
Christopher S. Boness, Professional Staff Member
David M. Weinberg, Minority Staff Director
Zachary I. Schram, Minority Chief Counsel
Alexa E. Noruk, Minority Director of Homeland Security
Christopher J. Mulkins, Minority Senior Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 195
116th Congress } { Report
SENATE
1st Session } { 116-91
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DHS COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR ACT
_______
September 10, 2019.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 1867]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 1867) 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, reports
favorably thereon without amendment and recommends that the
bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
IV. Section-by-Section Analysis......................................3
V. Evaluation of Regulatory Impact..................................4
VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............5
I. Purpose and Summary
S. 1867, the DHS Countering Unmanned Aircraft Systems
Coordinator Act, establishes a Countering Unmanned Aircraft
Systems Coordinator (Coordinator) within the Department of
Homeland Security's (DHS or the Department) Office of Strategy,
Policy, and Plans (PLCY) to oversee and coordinate the
Department's efforts to counter Unmanned Aircraft Systems
(UAS). Specifically, it requires the Secretary to designate a
current senior official within PLCY as the Coordinator. The
Coordinator is required to oversee the Department's efforts to
develop guidance and regulations, promote research and
development, and share threat intelligence, among other things,
to counter malicious UAS. The Coordinator is also required to
serve as the primary liaison between DHS and Federal, state,
local, and tribal law enforcement entities, as well as the
private sector, regarding DHS counter-UAS activities.
II. Background and the Need for Legislation
Terrorist groups and criminal organizations encourage and
engage in the use of UAS to transport contraband, deliver
explosive payloads, carry illegal substances, and conduct
surveillance on potential targets.\1\ In May 2018, Chairman Ron
Johnson, then-Ranking Member Claire McCaskill, and Senators
Heidi Heitkamp, John Hoeven, and Tom Cotton introduced the
Preventing Emerging Threats Act of 2018. The legislation
authorized select Federal law enforcement agencies, including
several DHS components, ``to protect certain critical
facilities and assets when there is a national security risk to
public safety posed by an unmanned aircraft system (UAS).''\2\
The bill also restricted what communications and data could be
stored by the Government and where, and placed requirements on
the components to provide briefings and other reports to
Congress on the use of authorities.\3\ The bill was passed and
signed in to law later in 2018 as Division H of the FAA
Reauthorization Act of 2018 [hereinafter referred to as
Division H of the FAA].\4\ As passed in the FAA, the
authorities granted under Division H will sunset after four
years.
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\1\U.S. Dep't of Homeland Sec., Illicit Threats from Unmanned
Aircraft Systems (UAS) (2018) (on file with S. Comm. On Homeland Sec. &
Gov't Affairs).
\2\S. 2836, Preventing Emerging Threats Act (115th Cong.); S. Rept.
115-332 (2018).
\3\S. 2836, Preventing Emerging Threats Act (115th Cong.).
\4\H.R. 302, FAA Reauthorization Act of 2018, Div. H, Sec. 1601, et
seq.; Pub. L. No. 115-254 (2018); 6 U.S.C. Sec. 124n.
---------------------------------------------------------------------------
S. 1867 builds upon Division H of the FAA by establishing a
counter-UAS Coordinator position within DHS PLCY to provide
leadership to DHS and its components as it develops and
implements the authorities provided to the Department.
The bill also mandates that the Coordinator work to oversee
and coordinate the development of counter-UAS guidance and
regulations. In doing so, the Coordinator must work with the
DHS Office of Civil Rights and Civil Liberties and the Privacy
Office to ensure any regulations and guidance protect the
privacy of U.S. citizens and adhere to any current Federal
privacy laws and regulations.
The Coordinator position will provide a channel for
intelligence about UAS and counter-UAS assessments and
technology for agencies within DHS so that each component is
provided clarity regarding the application of counter-UAS
systems, regulations, and guidance.
The Coordinator's mandate to promote research in countering
the threat of UAS will aid DHS in securing important personnel
and facilities across the United States. Establishing a leader
to aid DHS in focusing on solutions to counter potential
threats will assist in keeping counter-UAS projects on track.
Additionally, the solution to providing a counter-UAS
enterprise will rely heavily on the private sector to research
solutions and develop technology to effectively counter UAS. It
is important that the Coordinator remains engaged with private
industry.
At the same time, the Coordinator's role will serve as a
valuable resource to law enforcement agencies. State and local
law enforcement are often the first to respond to any national
security incident. The Coordinator, along with relevant offices
such as the Office of Partnership and Engagement, will be able
to provide them with useful information and guidance as DHS
provides UAS protection to assets under Division H of the FAA.
The Coordinator will also act as the liaison in coordinating
protection of mass gatherings that the chief executive officer
of a State or territory may request.
Finally, the Coordinator will support the Secretary of
Homeland Security in maintaining information about DHS' counter
UAS initiative and ensuring that the Department meets the
notification, briefing, and reporting requirements under
Division H of the FAA.
The authorities in S. 1867 will expire concurrent with the
sunset in Division H of the FAA.\5\ This provides Congress the
opportunity to re-evaluate the Coordinator position and how
effective the role is in DHS' counter-UAS efforts.
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\5\6 U.S.C. Sec. 124n.
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III. Legislative History
Chairman Ron Johnson (R-WI), Ranking Member Gary Peters (D-
MI) and Senator Margaret Wood Hassan (D-NH) introduced S. 1867,
the DHS Countering Unmanned Aircraft Systems Coordinator Act,
on June 13, 2019. The bill was referred to the Committee on
Homeland Security and Governmental Affairs.
The Committee considered S. 1867 at a business meeting on
June 19, 2019. The bill was ordered reported favorably by voice
vote. Senators present for the vote were Johnson, Portman,
Paul, Lankford, Romney, Scott, Enzi, Hawley, Peters, Carper,
Hassan, Sinema, and Rosen.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section establishes the bill title as the ``DHS
Countering Unmanned Aircraft Systems Coordinator Act.''
Section 2. Countering Unmanned Aircraft Systems Coordinator
Subsection (a) establishes the role of the counter-UAS
Coordinator and explains its responsibilities. The
responsibilities include: overseeing and coordinating with
relevant offices on the development of guidance and regulations
to counter UAS threats; advocating for research and development
in countering UAS technologies with the Office of Science and
Technology; serving as a DHS liaison on countering UAS to law
enforcement entities in addition to the private sector;
maintaining information required under Division H of the FAA
for the Secretary of Homeland Security, Attorney General, and
Secretary of Transportation; and as directed by the Secretary
of Homeland Security, carrying out related counter-UAS
activities.
Subsection (b) requires the Coordinator to work with DHS to
ensure that testing, evaluation, or deployment of a counter-UAS
system is carried out in accordance with Federal law.
Subsection (c) requires that the Coordinator coordinate
with the private sector. This section requires that the
Coordinator work with the Office of Partnership and Engagement
and other relevant offices or agencies while serving as a the
principal DHS official to work with the private sector to share
information about how counter-UAS technology may impact private
sector services or systems.
Subsection (d) sunsets the authority of the Coordinator to
coincide with the termination of authorities provided for in
section 210G(i) of the Preventing Emerging Threats Act.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 18, 2019.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1867, the DHS
Countering Unmanned Aircraft Systems Coordinator 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.
S. 1867 would direct the Department of Homeland Security
(DHS) to designate one of its officials to coordinate the
department's efforts to combat threats from unmanned aircraft
systems (or drones) and to provide a staff for that person. The
bill's provisions would expire in December 2022.
Using information from DHS, we expect the designated
coordinator would need a staff of about five senior employees
to coordinate those efforts including promoting research and
development; serving as a liaison with state, local, and tribal
entities; and sharing information with the private sector.
Assuming enactment by the end of 2019, CBO estimates that the
additional staff would cost about $3 million through December
2022 (a period of about three years). Any spending would be
subject to the availability of appropriated funds.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows: (existing law
proposed to be omitted is enclosed in 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
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
SEC. 321. COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR.
(a) Coordinator.--
(1) In general.--The Secretary shall designate a
senior official of the Department within the Office of
Strategy, Policy, and Plans as the Countering Unmanned
Aircraft Systems Coordinator (in this section referred
to as the ``Coordinator'') and provide appropriate
staff to carry out the responsibilities of the
Coordinator.
(2) Responsibilities.--The Coordinator shall--
(A) oversee and coordinate with relevant
Department offices and components, including
the Office of Civil Rights and Civil Liberties
and the Privacy Office, on the development of
guidance and regulations to counter threats
associated with unmanned aircraft systems (in
this section referred to as ``UAS'') as
described in section 210G;
(B) promote research and development of
counter UAS technologies in coordination with
the Office of Science and Technology;
(C) coordinate with the relevant components
and offices of the Department, including the
Office of Intelligence and Analysis, to ensure
the sharing of information, guidance, and
intelligence relating to countering UAS
threats, counter UAS threat assessments, and
counter UAS technology, including the retention
of UAS and counter UAS incidents within the
Department;
(D) serve as the Department liaison, in
coordination with relevant components and
offices of the Department, to Federal, State,
local, and Tribal law enforcement entities and
the private sector regarding the activities of
the Department relating to countering UAS;
(E) maintain the information required under
section 210G(g)(3); and
(F) carry out other related counter UAS
authorities and activities under section 210G,
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, among other assigned duties, 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 sharing 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.
(d) Termination of Authority.--The authority to carry out
this section shall terminate on the date described in section
210G(i).
* * * * * * *