H. Rept. 114-169 - HOMELAND SECURITY DRONE ASSESSMENT AND ANALYSIS ACT114th Congress (2015-2016)
Committee Report
| Report Type: | House Report |
|---|---|
| Accompanies: | H.R.1646 |
| Committees: |
H. Rept. 114-169 - 114th Congress (2015-2016)
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House Report 114-169 - HOMELAND SECURITY DRONE ASSESSMENT AND ANALYSIS ACT
[House Report 114-169]
[From the U.S. Government Publishing Office]
114th Congress } { Rept. 114-169
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
HOMELAND SECURITY DRONE ASSESSMENT AND ANALYSIS ACT
_______
June 18, 2015.--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. 1646]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 1646) to require the Secretary of Homeland
Security to research how small and medium sized unmanned aerial
systems could be used in an attack, how to prevent or mitigate
the effects of such an attack, and for other purposes, having
considered the same, report favorably thereon with amendments
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.......................................... 4
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 6
Duplicative Federal Programs..................................... 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 7
Federal Mandates Statement....................................... 7
Preemption Clarification......................................... 7
Disclosure of Directed Rule Makings.............................. 7
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
Committee Correspondence......................................... 9
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Drone Assessment and
Analysis Act''.
SEC. 2. DRONE ASSESSMENT AND ANALYSIS.
(a) In General.--The Secretary of Homeland Security shall, in
consultation with the Secretary of Defense, the Secretary of
Transportation, the Secretary of Energy, and the Chairman of the
Nuclear Regulatory Commission research how commercially available small
and medium sized unmanned aircraft, excluding aircraft over 1,300
pounds could be used to perpetuate an attack and, based on such
research, the Secretary of Homeland Security shall develop policies,
guidance, and protocols to prevent such an attack or mitigate the risks
of such an attack. Not later than 180 days after the completion of the
research required under this subsection, the Secretary of Homeland
Security may provide, as appropriate, the Secretary of Defense, the
Secretary of Transportation, the Secretary of Energy, and the Chairman
of the Nuclear Regulatory Commission advice, based on such research,
regarding how to best prevent and mitigate the risk of such an attack.
(b) Dissemination to State and Local Officials.--The Secretary of
Homeland Security shall disseminate information to State, local, and
tribal law enforcement officials and State and major urban area fusion
centers, as appropriate, regarding how such officials may bolster
preparedness for and responses to attacks perpetrated by commercially
available small and medium sized unmanned aircraft, excluding aircraft
over 1,300 pounds.
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to the
Committee on Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Commerce, Science and Transportation of the Senate an assessment of the
security risk associated with commercially available small and medium
sized unmanned aircraft, excluding aircraft over 1,300 pounds. Such
assessment shall be informed by research conducted in accordance with
subsection (a), shall contain recommendations, if applicable, to
prevent and mitigate the risk of an unmanned aircraft system attack,
and may be developed in coordination with the Centers of Excellence of
the Department of Homeland Security and other academic institutions.
Amend the title so as to read:
A bill to require the Secretary of Homeland Security to
research how certain commercially available small and medium
sized unmanned aircraft systems could be used in an attack, how
to prevent or mitigate the risk of such an attack, and for
other purposes
PURPOSE AND SUMMARY
The purpose of H.R. 1646 is to require the Secretary of
Homeland Security to research how commercially-available small
and medium sized unmanned aerial aircraft could be used in an
attack, develop policies, guidance and protocols for the
Department of Homeland Security to prevent an attack or
mitigate the effects of an attack, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The rapid proliferation of small and medium sized unmanned
aircraft systems (UAS) poses an evolving security threat.
Recent high profile incidents at the White House, the Japanese
Prime Minister's residence, French nuclear power plants and
numerous airports and sports venues raise significant questions
about the risk of small and medium sized UAS being used in a
malicious or terrorist attack. Concerns about the security risk
posed by UAS of this size are not new; in 2011, an individual
was arrested for plotting to attack the U.S. Capitol and
Pentagon using small UAS laden with explosives. There is also
concern about UAS being used to undermine border security as
drug cartels have used small UAS as a cheap method for
smuggling drugs across the United States' southern border.
Furthermore, the public safety risk generated from
inexperienced, reckless, and negligent operators is also a
concern.
As the use of this technology continues to increase
exponentially, Federal, state, local, and tribal law
enforcement entities need information on how to deter, detect,
investigate, and mitigate the unauthorized and/or unsafe use of
small and medium sized UAS. Over the past few years, the
Department of Homeland Security (DHS) has released a few
bulletins to inform the public and law enforcement about
potential illicit uses, impacts, and indicators of malicious
activity related to UAS. In March 2015, the Federal Aviation
Administration (FAA) announced updated safety procedures for
the utilization of small UAS in civilian airspace. Given how
quickly the technology is proliferating, the Committee believes
DHS must address the security implications associated with the
risks posed by small and medium UAS.
By the end of fiscal year 2015, the FAA is expected to
establish new rules to allow the operation of UAS, for non-
recreational purposes, in U.S. airspace. The Committee believes
that the FAA's efforts would be better informed by a DHS
assessment of the potential security risk , as the use of small
and medium sized UAS continues to increase. However, to date,
DHS has not conducted such an assessment and has not developed
a strategy to counter the malicious use of small and/or medium
sized UAS. The Committee notes that DHS is operating under
NSPD-47/HSPD-16 and the National Strategy for Aviation
Security, which was released in 2007 and has not been updated
to reflect the proliferation of technology such as UAS.
The Committee believes that it is imperative that a
thorough risk assessment be conducted and the necessary
policies, guidance, and protocols for use by DHS be developed
before the national airspace is opened to expanded UAS use.
This bill requires DHS to research how commercially
available small and medium sized drones could be used to
perpetuate an attack, conduct a risk assessment of small or
medium-sized UAS attacks, develop policies regarding the
mitigation of risk of small or medium sized UAS attacks, and
disseminate information to law enforcement regarding how to
respond to potential UAS threats
HEARINGS
The Committee held no hearings on H.R. 1646, however, the
Committee held the following oversight hearings:
112th Congress
On July 19, 2012, the Subcommittee on Oversight,
Investigations, and Management held a hearing entitled ``Using
Unmanned Aerial Systems Within the Homeland: Security Game
Changer?'' The Subcommittee received testimony from Mr. Todd E.
Humphreys, Ph.D, Assistant Professor, Cockrell School of
Engineering, The University of Texas at Austin; Mr.Gerald
Dillingham, PhD, Director, Physical Infrastructure Issues,
Government Accountability Office; Chief Deputy William
McDaniel, Montgomery County Sheriff's Office, Conroe, Texas;
and Ms. Amie Stepanovich, Litigation Counsel, Electronic
Privacy Information Center.
114th Congress
On March 18, 2015, the Subcommittee on Oversight and
Management Efficiency held a hearing entitled ``Unmanned Aerial
System Threats: Exploring Security Implications and Mitigation
Technologies.'' The Subcommittee received testimony from Dr.
Todd E. Humphreys, Assistant Professor, Cockrell School of
Engineering, The University of Texas at Austin; Major General
Frederick Roggero, (USAF-Ret.), President and Chief Executive
Officer, Resilient Solutions, Ltd.; Chief Richard Beary,
President, International Association of Chiefs of Police; and
Gregory S. McNeal, JD/PhD, Associate Professor, School of Law,
Pepperdine University.
COMMITTEE CONSIDERATION
The Committee met on May 20, 2015, to consider H.R. 1646,
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote. The Committee
took the following actions:
The title of the bill was amended so as to read: ``A bill
to require the Secretary of Homeland Security to research how
certain commercially available small and medium sized unmanned
aircraft systems could be used in an attack, how to prevent or
mitigate the risk of such an attack, and for other purposes.''.
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mrs.
Watson Coleman (#1); was AGREED TO by voice vote.
The Subcommittee on Oversight and Management Efficiency met
on May 13, 2015, to consider H.R. 1646, and ordered the measure
to be reported to the Full Committee with a favorable
recommendation, amended, by voice vote. The Committee took the
following actions:
The following amendment was offered:
An amendment offered by Mrs. Watson Coleman (#1); was AGREED TO
by voice vote.
In subsection (a) of section 2, strike ``and the Secretary of
Energy,'' and insert ``the Secretary of Energy, and the Chairman of the
Nuclear Regulatory Commission''.
In subsection (b) of section 2, insert ``and State and major urban
area fusion centers, as appropriate,'' after ``officials''.
In subsection (c) of section 2, strike ``threat'' and insert
``risk''.
In subsection (c) of section 2, strike ``the commercial
availability of'' and insert ``commercially available''.
An amendment offered by Mr. Perry (#2); was AGREED TO by voice
vote.
In subsection (a) of section 2, insert ``, in consultation with the
Secretary of Defense, the Secretary of Transportation, the Secretary of
Energy, and the Chairman of the Nuclear Regulatory Commission'' before
``research''.
In subsection (a) of section 2, strike ``aerial systems'' and
insert ``aircraft, excluding aircraft over 1,300 pounds''.
In subsection (a) of section 2, strike ``in consultation with the
Secretary of Defense, the Secretary of Transportation, and the
Secretary of Energy,'' and insert ``, based on such research, the
Secretary of Homeland Security shall''.
In subsection (a) of section 2, strike ``Federal''.
In subsection (a) of section 2, strike ``effects'' and insert
``risk''.
In subsection (a) of section 2, add at the end the following new
sentence: ``Not later than 180 days after the completion of the
research required under this sub section, the Secretary of Homeland
Security may provide, as appropriate, the Secretary of Defense, the
Secretary of Transportation, the Secretary of Energy, and the Chairman
of the Nuclear Regulatory Commission advice, based on such research,
regarding how to best prevent and mitigate the risk of such an
attack.''.
In subsection (b) of section 2, strike ``aerial systems'' and
insert ``aircraft, excluding aircraft over 1,300 pounds''.
In subsection (c) of section 2, in the first sentence, insert ``and
the Committee on Transportation and Infrastructure'' before ``of the
House of Representatives''.
In subsection (c) of section 2, in the first sentence, insert ``and
the Committee on Commerce, Science and Transportation'' before ``of the
Senate''.
In subsection (c) of section 2, in the first sentence, strike
``aerial systems'' and insert ``aircraft, excluding aircraft over 1,300
pounds''.
In subsection (c) of section 2, in the second sentence, insert ``,
shall contain recommendations, if applicable, to prevent and mitigate
the risk of an unmanned aircraft system attack,'' after ``in accordance
with subsection (a)''.
Amend the long title to read as follows: ``To require the Secretary
of Homeland Security to research how certain commercially-available
small and medium sized unmanned aircraft systems could be used in an
attack, how to prevent or mitigate the risk of such an attack, and for
other purposes.''
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. 1646.
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.
1646, the Homeland Security Drone Assessment and Analysis Act,
would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 18, 2015.
Hon. Michael McCaul,
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. 1646, the Homeland
Security Drone Assessment and Analysis Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Mark
Grabowicz and Ben Christopher.
Sincerely,
Keith Hall.
Enclosure.
H.R. 1646--Homeland Security Drone Assessment and Analysis Act
CBO estimates that implementing H.R. 1646 would cost $3
million in fiscal year 2016, assuming appropriation of the
necessary amounts. Because enacting the legislation would not
affect direct spending or revenues, pay-as-you-go procedures do
not apply.
H.R. 1646 would direct the Department of Homeland Security
(DHS) to investigate the potential use of small and medium
sized drones to attack U.S. interests and to work with federal
agencies to develop and standardize protocols for preventing
such actions. The bill also would require DHS to advise state,
local, and tribal governments on prevention of drone attacks
and to report to the Congress on the risks of such attacks.
Based on information from DHS about the costs of similar
activities, CBO estimates that implementing the bill would cost
$3 million in fiscal year 2016, assuming appropriation of the
necessary amounts. The costs would mostly result from the
additional personnel required to coordinate activities across
different agencies and to communicate with law enforcement
officials throughout the country.
H.R. 1646 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contacts for this estimate are Mark Grabowicz
and Ben Christopher. The estimate was approved by Theresa
Gullo, Assistant Director for Budget Analysis.
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. 1646 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The performance goals and objectives of H.R. 1646 include
the Department of Homeland Security conducting a risk
assessment of the threat posed by unmanned aerial systems under
1300 lbs. Information about bolstering preparedness and
response to a UAS-based attack must be disseminated to State,
local, and Tribal law enforcement entities, as appropriate. The
Department of Homeland Security will also submit a report on
the findings of the risk assessment to Congress no later than
one year after the enactment of this Act.
DUPLICATIVE FEDERAL PROGRAMS
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 1646 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 the rule
XXI.
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.
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. 1646 does
not preempt any State, local, or Tribal law.
DISCLOSURE OF DIRECTED RULE MAKINGS
The Committee estimates that H.R. 1646 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 bill may be cited as the
``Homeland Security Drone Assessment and Analysis Act''.
Section 2. Drone assessment and analysis
Section 2(a) requires the Secretary of Homeland Security
(DHS), in consultation with the Secretary of Defense, the
Secretary of Transportation, the Secretary of Energy, and the
Chairman of the Nuclear Regulatory Commission to research how
commercially available small and medium sized unmanned aircraft
under 1300 lbs. could be used to perpetuate an attack. Further,
based on such research, the Secretary of Homeland Security is
directed to develop policies, guidance, and protocols for use
by DHS to prevent such an attack or mitigate the risk of such
an attack, and may provide advice and information based on such
research, as appropriate, to the Secretary of Defense, the
Secretary of Transportation, the Secretary of Energy, and the
Chairman of the Nuclear Regulatory Commission.
Section 2(b)--Dissemination to state and local officials
Section 2(b) requires the DHS Secretary to disseminate
information to State, local, and tribal law enforcement
officials, and State and major urban area fusion centers, as
appropriate, regarding how to bolster preparedness for and
respond to attacks perpetrated by commercially available small
and medium sized unmanned aircraft under 1300 lbs.
Section 2(c)--Report
Section 2(c) requires the DHS Secretary to submit a report,
no later than one year after the date of the enactment of this
Act, to the Committees on Homeland Security and Transportation
and Infrastructure of the House of Representatives and the
Committees on Homeland Security and Governmental Affairs and
Commerce, Science, and Transportation of the Senate assessing
the security risk associated with commercially available small
and medium sized unmanned aircraft under 1300 lbs. The
assessment is to be informed by research conducted in
accordance with Subsection 2(a), and shall contain
recommendations, if applicable, to prevent and mitigate the
risk of an attack, and may be developed in coordination with
DHS Centers of Excellence and other academic institutions.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 1646, as reported, makes no changes to existing law.
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