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115th Congress }                                         { Rept. 115-960
                        HOUSE OF REPRESENTATIVES
 2d Session   }                                          { Part 1

======================================================================
 
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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

                                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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