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Union Calendar No. 153 

116TH CONGRESS 

1ST SESSION H. R. 3318 

[Report No. 116–195] 

To require the Transportation Security Administration to establish a task 

force to conduct an analysis of emerging and potential future threats 

to transportation security, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 18, 2019 

Mr. JOYCE of Pennsylvania (for himself and Mr. ROGERS of Alabama) introduced the following bill; which was referred to the Committee on Homeland Security 

AUGUST 30, 2019 

Additional sponsor: Mr. HAGEDORN

AUGUST 30, 2019 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 18, 2019] 


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A BILL 

To require the Transportation Security Administration to 

establish a task force to conduct an analysis of emerging 

and potential future threats to transportation security, 

and for other purposes. 


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•HR 3318 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Emerging Transpor5 tation Security Threats Act of 2019’’. 

6 SEC. 2. EMERGING AND FUTURE THREATS TASK FORCE. 

7 (a) IN GENERAL.—Not later than 90 days after the 

8 date of the enactment of this Act, the Administrator of the 

9 Transportation Security Administration, in consultation 

10 with the Director of National Intelligence and the intel11 ligence community (as such term is defined in section 3(4) 

12 of the National Security Act of 1947 (50 U.S.C. 3003(4))) 

13 and the heads of other Federal agencies, as determined ap14 propriate by the Administrator, shall establish a task force 

15 to conduct an analysis of emerging and potential future 

16 threats to transportation security. 

17 (b) MEMBERSHIP.—The task force established under 

18 subsection (a) shall be comprised of employees of the De19 partment of Homeland Security who, in carrying out the 

20 analysis required under such subsection, shall consult with 

21 the Director of National Intelligence and the intelligence 

22 community and the heads of Federal agencies, as deter23 mined appropriate by the Administrator. 

24 (c) DEADLINE.—Not later than 270 days after the Ad25 ministrator establishes the task force under subsection (a), 


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1 the task force shall submit to the Administrator the analysis 

2 required under such subsection. 

3 (d) ELEMENTS.—The analysis required under sub4 section (a) shall include emerging and potential future 

5 threats posed by the following: 

6 (1) Evolving tactics by terrorist organizations 

7 that may pose a catastrophic risk to an aviation or 

8 surface transportation entity. 

9 (2) Explosive and explosive devices or attacks in10 volving the use of explosives that may cause cata11 strophic damage to an aviation or surface transpor12 tation system. 

13 (3) Chemical or biological agents being released 

14 in either aviation or surface transportation systems. 

15 (4) Cyberthreat actors seeking to undermine con16 fidence in transportation systems or cause service dis17 ruptions that jeopardize transportation security. 

18 (5) Unmanned aerial systems with the capability 

19 of inflicting harm on transportation targets. 

20 (6) Individuals or groups seeking to attack soft 

21 targets, public areas, or crowded spaces of transpor22 tation systems, including attacks against Transpor23 tation Security Administration employees and other 

24 security personnel. 


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1 (7) Foreign actors seeking to exploit 

2 vulnerabilities posed by the inconsistent or inadequate 

3 security screening protocols at last point of departure 

4 airports with direct flights to the United States. 

5 (8) Information sharing challenges within the 

6 Federal Government and among partner governments. 

7 (9) Information sharing challenges between the 

8 Administration or other relevant Federal agencies 

9 and transportation stakeholders, including air car10 riers, airport operators, surface transportation opera11 tors, and State and local law enforcement. 

12 (10) Growth in passenger volume in both the 

13 aviation and surface transportation sectors. 

14 (e) MITIGATION.—Not later than 120 days after the 

15 completion of the analysis required under subsection (a), 

16 the Administrator of the Transportation Security Adminis17 tration shall develop, as appropriate, a threat mitigation 

18 strategy for each of the threats examined in such analysis, 

19 and— 

20 (1) assign appropriate resources of the Adminis21 tration to address such threats, based on calculated 

22 risk; or 

23 (2) provide recommendations through the De24 partment of Homeland Security to the appropriate 


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1 Federal department or agency responsible for address2 ing such threats. 

3 (f) STAKEHOLDER ENGAGEMENT.—When carrying out 

4 the analysis required under subsection (a), the Adminis5 trator of the Transportation Security Administration shall 

6 engage transportation stakeholders referred to in subsection 

7 (b)(9) and account for security concerns of transportation 

8 operators by— 

9 (1) convening not fewer than three industry day 

10 events for such transportation stakeholders to hear 

11 from relevant public and private sector security part12 ners and provide feedback on threats such transpor13 tation stakeholders identify as emerging; 

14 (2) developing strategies to solicit feedback on a 

15 consistent basis from such transportation stakeholders 

16 across all modes of transportation and providing con17 sistent responses to stakeholder concerns; 

18 (3) improving the quality, timeliness, and rel19 evancy of information sharing products disseminated 

20 by the Administration to such transportation stake21 holders, including classified information sharing 

22 products; 

23 (4) coordinating security incident response and 

24 communications drills, including tabletop exercises, to 

25 improve incident preparedness and response capabiliVerDate Sep 11 2014 21:31 Aug 30, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H3318.RH H3318

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1 ties across transportation modes and among transpor2 tation systems; 

3 (5) encouraging regular communication between 

4 Federal Security Directors, Field Intelligence Officers, 

5 Federal Air Marshal Special Agents in Charge, and 

6 such transportation stakeholders; 

7 (6) establishing regular opportunities for senior 

8 Administration leadership to engage with such trans9 portation stakeholders regarding changes in the threat 

10 environment and how the Administration can offer 

11 security support to address such changes; and 

12 (7) briefing the Aviation Security Advisory 

13 Committee and the Surface Transportation Security 

14 Advisory Committee on the efforts of the task force es15 tablished pursuant to subsection (a). 

16 (g) BRIEFING TO CONGRESS.—The Administrator of 

17 the Transportation Security Administration shall brief the 

18 Committee on Homeland Security of the House of Rep19 resentatives and the Committee on Commerce, Science, and 

20 Transportation of the Senate on the results of the analysis 

21 required under subsection (a) and relevant mitigation strat22 egies developed in accordance with subsection (c). 

23 (h) NON-APPLICABILITY OF FACA AND PRA.—The 

24 Federal Advisory Committee Act (5 U.S.C. App.) and the 


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1 Paperwork Reduction Act (44 U.S.C. 3501 et seq.) shall not 

2 apply to the task force established under subsection (a). 

3 SEC. 3. COMPTROLLER GENERAL STUDY. 

4 (a) IN GENERAL.—Not later than one year after the 

5 date of the enactment of this Act, the Comptroller General 

6 of the United States shall conduct a review of the feasibility, 

7 risks, costs, and potential threat mitigation benefits of the 

8 Transportation Security Administration deploying the 

9 agency’s passenger and property screening assets to conduct 

10 screening in areas or facilities prior to passenger arrival 

11 at airport terminals. 

12 (b) STAKEHOLDER ENGAGEMENT.—In conducting the 

13 review required under subsection (a), the Comptroller Gen14 eral of the United States shall consult with the Transpor15 tation Security Administration, airport operators, air car16 riers, businesses that operate in airports, labor groups rep17 resenting the Transportation Security Administration and 

18 transportation sector personnel, and other stakeholders. 


kjohnson on DSK79L0C42 with BILLS

kjohnson on DSK79L0C42 with BILLS
Union Calendar No. 153 

116TH CONGRESS 

1ST SESSION H. R. 3318 

[Report No. 116–195] 

A BILL 

To require the Transportation Security Administratransportation security, and for other purposes. ysis of emerging and potential future threats to tion to establish a task force to conduct an analAUGUST 30, 2019 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


kjohnson on DSK79L0C42 with BILLS