[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

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



 
        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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \5\6 U.S.C. Sec. 124n.
---------------------------------------------------------------------------

                        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).

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