79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–908 

DHS COUNTERING UNMANNED AIRCRAFT SYSTEMS 

COORDINATOR ACT 

AUGUST 28, 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. 6438] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 6438) 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, 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 ................................................................................................................... 3 

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 .................................... 4 

Duplicative Federal Programs ................................................................................ 4 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 4 

Federal Mandates Statement ................................................................................. 5 

Preemption Clarification ......................................................................................... 5 

Disclosure of Directed Rule Makings ..................................................................... 5 

Advisory Committee Statement .............................................................................. 5 

Applicability to Legislative Branch ........................................................................ 5 

Section-by-Section Analysis of the Legislation ...................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 6 


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PURPOSE AND SUMMARY

The purpose of H.R. 6438 is to amend the Homeland Security Act 

of 2002 to establish in the Department of Homeland Security a 

Countering Unmanned Aircraft Systems (UAS) Coordinator. H.R. 

6438 enables DHS to centralize the coordination of counter-drone 

threat planning efforts at DHS under one official. Under H.R. 6438, 

the Countering UAS Coordinator is responsible for coordinating 

with relevant DHS components on the development of policies and 

plans to counter threats from UAS. The Coordinator will also serve 

as the principal Department official responsible for disseminating 

information to the private sector regarding DHS counter-drone 

measures and will ensure that DHS counter-drone activities are 

carried out in accordance with Federal laws. 

BACKGROUND AND NEED FOR LEGISLATION

Recent incidents involving unmanned aircraft systems, commonly 

known as drones, have brought to light growing security concerns 

and risks due to the increased availability and expanded use of 

drones. Drones provide both a robust aerial delivery mechanism for 

potentially hazardous material payloads and anonymity for wouldbe attackers. ISIS has utilized drones for reconnaissance and munition delivery missions in Iraq and Syria, and other known incidents 

involving drones have included weaponized use by cartels, smuggling operations, among other things. Additionally, unidentified 

drones have been flown over NFL and Olympic stadiums, potentially posing a significant threat to millions of sports fans and 

eventgoers. 

Federal and State regulators have struggled to keep pace with 

the exponential growth in the use of drones. In 2016, the Federal 

Aviation Administration promulgated regulations, which included 

prohibitions on attaching hazardous materials to drones. Several 

Department of Homeland Security offices and components are 

members of numerous interagency and industry drone working 

groups, which promote information sharing, research, and joint 

problem-solving initiatives. The Science and Technology Directorate 

assesses the capabilities and threats associated with drones and 

how technology can be used to offer solutions. The Office of Intelligence and Analysis assesses the threats posed by small drones 

within the homeland. However, the Department currently does not 

have a centralized, Department-wide official responsible for the coordination of counter-drone policies and activities, as is required by 

H.R. 6438. 

Earlier this year, the Committee held a classified briefing to 

learn more about drone threats to the homeland. Additionally, numerous bills have been introduced in both the House of Representatives and Senate during the 115th Congress to provide the Department of Homeland Security and Department of Justice with 

the authorities to counter threats from drones. Under H.R. 6438, 

the Coordinator works with Department offices and components to 

coordinate on the development of policies and plans implementing 

authorities like those proposed by Congress to counter drones that 

may be used in a terrorist attack on the homeland. 


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HEARINGS

The Committee held several briefings with officials from the Department, which provided information that helped the Committee 

develop an understanding of the need for this legislation. 

COMMITTEE CONSIDERATION

The Committee met on July 24, 2018, to consider H.R. 6438, 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. 

4638. 

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. 6438, the 

DHS Countering Unmanned Aircraft Systems Coordinator 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, August 6, 2018. 

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 Department of Homeland Security legislation ordered reported by the Committee on Homeland 

Security on July 24, 2018. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz. 

Sincerely, 

KEITH HALL, Director. 

Enclosure. 


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Department of Homeland Security Legislation 

On July 24, the House Committee on Homeland Security ordered 

three bills to be reported. The bills are: 

• H.R. 6400, the United States Ports of Entry Threat and 

Operational Review Act; 

• H.R. 6430, the Securing the Homeland Security Supply 

Chain Act of 2018; and 

• H.R. 6438, the DHS Countering Unmanned Aircraft Systems Coordinator Act. 

H.R. 6400 would require the Department of Homeland Security 

(DHS) to prepare an analysis of security issues at U.S. ports of 

entry and a plan to mitigate threats to ports. H.R. 6430 would authorize DHS to take certain actions to improve the security of information and telecommunications systems acquired by the department. H.R. 6438 would direct DHS to designate one of its officials 

to coordinate the department’s efforts to combat threats from unmanned aircraft systems (or drones). 

CBO estimates that enacting those bills would not significantly 

affect spending by DHS in any fiscal year because the department 

could implement each bill with minimal additional personnel. 

Enacting the bills would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting the bills would not increase net direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2029. 

None of the bills contain intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Mark Grabowicz. The 

estimate was reviewed by H. Samuel Papenfuss, Deputy 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. 6438 contains the following general performance goals and objectives, including outcome related goals and 

objectives authorized. 

This bill requires the Secretary to designate a Countering Unmanned Aircraft Systems Coordinator of the Department. 

DUPLICATIVE FEDERAL PROGRAMS

Pursuant to clause 3(c) of rule XIII, the Committee finds that 

H.R. 6438 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. 


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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. 6438 does not preempt any State, 

local, or Tribal law. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that H.R. 6438 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 ‘‘DHS 

Countering Unmanned Aircraft Systems Coordinator Act’’. 

Sec. 2. Unmanned Aircraft Systems Countermeasures Coordinator 

This section establishes a new Section 321 of the Homeland Security Act as follows: 

Subsection 321(a) authorizes the Secretary to designate a Countering Unmanned Aircraft Systems Coordinator of the Department 

to coordinate with relevant Department offices and components on 

the development of polices and plans to counter threats associated 

with unmanned aircraft systems. The Coordinator’s responsibilities 

include coordinating all relevant Department policies and activities 

for countering unmanned aircraft systems that may be used in a 

terrorist attack on the homeland; promoting the research and development of counter unmanned aircraft systems technologies within the Department; ensuring that information and guidance regarding unmanned aircraft system threats are disseminated as appropriate; and providing Federal, State, local and tribal law enforcement and the private sector with the appropriate unmanned aircraft systems-related points of contact within the Department. 

Subsection 321(b) requires the Coordinator to coordinate with 

Department offices and components to ensure that any testing, 

evaluation, or deployment of systems used to identify, assess, or deVerDate Sep 11 2014 04:56 Aug 30, 2018 Jkt 079006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR908.XXX HR908

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feat unmanned aircraft systems by the Department operate in compliance with Federal law. The Committee also expects that the Coordinator work with Department offices and components to carry 

out the functions of this section with due consideration given to 

avoid interference with lawful aviation operations. 

Subsection 321(c) requires that the Coordinator work with relevant Department offices, including the Office of Partnership and 

Engagement, and other Federal agencies to share information regarding counter unmanned aircraft system technology with parties 

in the private sector whose systems or services may be impacted 

by the use of such technology. The Committee expects that the Coordinator serve as the Department’s lead official responsible for 

providing the private sector with information regarding the use of 

technologies by the Department to counter unmanned aircraft systems in order to limit, to the extent practical, the impact of such 

technologies on private sector services and systems. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black 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 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Homeland Security Act of 2002’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

Sec. 1. Short title; table of contents. 

* * * * * * * 

TITLE III—SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND 

SECURITY 

* * * * * * * 

øSec. 317. Promoting antiterrorism through international cooperation program. 

øSec. 319. EMP and GMD mitigation research and development. 

øSec. 318. Social media working group. 

øSec. 319. Transparency in research and development.¿ 

Sec. 317. Promoting antiterrorism through international cooperation program. 

Sec. 318. Social media working group. 

Sec. 319. Transparency in research and development. 

Sec. 320. EMP and GMD mitigation research and development. 

Sec. 321. Countering Unmanned Aircraft Systems Coordinator. 

* * * * * * * 

TITLE III—SCIENCE AND TECHNOLOGY 

IN SUPPORT OF HOMELAND SECURITY 

* * * * * * * 


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SEC. 321. COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR. 

(a) COORDINATOR.—The Secretary shall designate an official of 

the Department as the Countering Unmanned Aircraft Systems 

(UAS) Coordinator (in this section referred to as the ‘‘Coordinator’’) 

to coordinate with relevant Department offices and components on 

the development of policies and plans to counter threats associated 

with UAS, including— 

(1) countering UAS that may be used in a terrorist attack; 

(2) promoting research and development of counter UAS technologies; 

(3) ensuring the dissemination of information and guidance 

related to countering UAS threats; 

(4) serving as the Department point of contact for Federal, 

State, local, and tribal law enforcement entities and the private 

sector regarding the Department’s activities related to countering UAS; and 

(5) carrying out other related UAS activities, 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, 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 disseminating 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. 

* * * * * * * 

Æ 


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