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115th Congress } { Rept. 115-960
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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PROTECTING CRITICAL INFRASTRUCTURE AGAINST DRONES AND EMERGING THREATS
ACT
_______
September 25, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 6620]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 6620) to require the Department of Homeland
Security to prepare a threat assessment relating to unmanned
aircraft systems, and for other purposes, having considered the
same, report favorably thereon without amendment and recommend
that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Congressional Budget Office Estimate............................. 3
Statement of General Performance Goals and Objectives............ 3
Duplicative Federal Programs..................................... 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 4
Preemption Clarification......................................... 4
Disclosure of Directed Rule Makings.............................. 4
Advisory Committee Statement..................................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
Committee Correspondence......................................... 6
PURPOSE AND SUMMARY
The purpose of H.R. 6620 is to require the Department of
Homeland Security to prepare a threat assessment relating to
unmanned aircraft systems, and for other purposes.
H.R. 6620 requires the Under Secretary for Intelligence and
Analysis (I&A;) of the Department of Homeland Security (DHS) to
develop and disseminate a threat assessment, informed by
information gathered from Federal, state, local, and private
sector partners, regarding the threats posed by unmanned
aircraft systems (UAS) and other emerging threats. Further, it
directs the Under Secretary for I&A;, in conjunction with the
DHS Chief Information Officer (CIO) and other relevant
entities, to establish a secure communications infrastructure
for receiving and analyzing such threat information, along with
a voluntary mechanism for critical infrastructure owners and
operators to report information on emerging threats, such as
UAS, to DHS. H.R. 6620 also requires the Under Secretary to
submit a UAS threat assessment and report to Congress no later
than one year after its enactment into law.
BACKGROUND AND NEED FOR LEGISLATION
Recent UAS incidents have shed light on growing security
concerns associated with the increased availability and
expanded use of these technologies. For instance, UAS have been
weaponized by cartels and used to carry out smuggling
operations, intrusions at National Football League (NFL) and
Olympic stadiums, and damage to electrical grid infrastructure.
Federal and State regulators have struggled to keep pace
with the exponential growth in the use of UAS. Currently,
several DHS offices and components participate in interagency
and industry UAS working groups, which promote information
sharing, research, and joint problem-solving initiatives.
However, recent testimony provided to the Subcommittee on
Cybersecurity and Infrastructure Protection revealed that
critical infrastructure owners and operators do not have a
clear, consistent mechanism for reporting unauthorized UAS
activity on their properties to DHS.\1\ H.R. 6620 would advance
the Department's work in this field by requiring the Under
Secretary for I&A; to develop and disseminate a threat
assessment regarding the threats posed by UAS and other new
technologies, and directing DHS to establish a channel for
critical infrastructure owners and operators to voluntarily
report information on emerging threats.
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\1\U.S. House of Representatives Committee on Homeland Security
Subcommittee on Cybersecurity and Infrastructure Protection hearing
entitled Industry Views of the Chemical Facility Anti-Terrorism
Standards Program (Feb. 15, 2018).
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HEARINGS
The Subcommittee on Oversight and Management Efficiency did
not hold any hearings specifically on this legislation.
However, the issue was discussed at the Subcommittee on
Cybersecurity and Infrastructure hearing entitled ``Industry
Views of the Chemical Facility Anti-Terrorism Standards
Program,'' held on February 15, 2018. Testimony was heard from
Mr. Chet Thompson, President, American Fuel and Petrochemical
Manufacturers; Ms. Kirsten Meskill, Director of Corporate
Security, BASF Corporation, Testifying on behalf of the
American Chemistry Council; Mr. Pete Mutschler, Environment,
Health and Safety Director, CHS Inc.; and Mr. Paul Orum,
Chemical Safety Advocate, Coalition to Prevent Chemical
Disasters.
COMMITTEE CONSIDERATION
The Committee met on September 13, 2018, to consider H.R.
6620 and ordered the measure to be reported to the House with a
favorable recommendation, without amendment, by unanimous
consent.
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. 6620.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
6620, the Protecting Critical Infrastructure Against Drones and
Emerging Threats Act, would result in no new or increased
budget authority, entitlement authority, or tax expenditures or
revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 6620 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The goal of H.R. 6220 is for the Under Secretary for
Intelligence and Analysis of the Department to develop and
disseminate a threat assessment regarding the threats posed by
unmanned aircraft systems (UAS) and other emerging threats, and
to establish secure communications and information technology
infrastructure in order to access, receive, and analyze data
and information on emerging threats including by establishing a
voluntary mechanism whereby critical infrastructure owners and
operators may report information.
DUPLICATIVE FEDERAL PROGRAMS
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 6620 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
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(e), 9(f), or 9(g) of rule XXI.
FEDERAL MANDATES STATEMENT
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
PREEMPTION CLARIFICATION
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 6620 does
not preempt any State, local, or Tribal law.
DISCLOSURE OF DIRECTED RULE MAKINGS
The Committee estimates that H.R. 6620 would require no
directed rule makings.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
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
Subsection (a) requires the DHS Under Secretary for I&A;,
not later than 120 days after the enactment of this bill, to
request additional information from Federal, State, and local
agencies, as well as private sector entities related to UAS
threats, and other emerging threats associated with new
technologies. The Committee expects the Under Secretary to
carry out this requirement in consultation with relevant
officials of the Department. This subsection also requires the
Under Secretary, in consultation with relevant officials of the
Department and other appropriate Federal agencies, to develop
and disseminate a security threat assessment regarding UAS and
other emerging threats associated with such technology.
Subsection (a) also directs the Under Secretary for I&A; and
the Chief Information Officer to establish and utilize a secure
communications and information technology infrastructure to
share and assess information related to threats posed by UAS.
The Committee intends that the Department utilize or augment
existing information sharing systems to accomplish elements of
this directive. For instance, the Department operates the
Homeland Security Information Network (HSIN) to securely share
information with other Federal agencies, law enforcement, and
the private sector among others. Additionally, there are
multiple data-mining and analytic tools utilized across the
Department that may be appropriate for use in identifying and
sharing information related to UAS threats.
Subsection (b) requires the Under Secretary to prepare an
unmanned aircraft systems threat assessment and report for the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate no later than one year after the enactment of
this bill. The Committee intends that this threat assessment
and report include information gathered from critical
infrastructure owners and operators, as well as other Federal,
State, and local agencies.
Subsection (c) defines the terms ``critical
infrastructure'' and ``unmanned aircraft system'' using the
definitions in Section 106(e) of Public Law 107-56 (42 U.S.C.
5195c(e)) and Section 331 of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 40101 note; Public Law 112-95)
respectively.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
As reported H.R. 6620 makes no changes to existing law.
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