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IIB
116TH CONGRESS
1ST SESSION H. R. 3318
IN THE SENATE OF THE UNITED STATES
DECEMBER 10, 2019
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
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.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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HR 3318 RFS
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Emerging Transpor-
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tation Security Threats Act of 2019’’.
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SEC. 2. EMERGING AND FUTURE THREATS TASK FORCE.
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(a) IN GENERAL.—Not later than 90 days after the
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date of the enactment of this Act, the Administrator of
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the Transportation Security Administration, in consulta-
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tion with the Director of National Intelligence and the in-
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telligence community (as such term is defined in section
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3(4) of the National Security Act of 1947 (50 U.S.C.
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3003(4))) and the heads of other Federal agencies, as de-
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termined appropriate by the Administrator, shall establish
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a task force to conduct an analysis of emerging and poten-
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tial future threats to transportation security.
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(b) MEMBERSHIP.—The task force established under
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subsection (a) shall be comprised of employees of the De-
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partment of Homeland Security who, in carrying out the
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analysis required under such subsection, shall consult with
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the Director of National Intelligence and the intelligence
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community and the heads of Federal agencies, as deter-
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mined appropriate by the Administrator.
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(c) DEADLINE.—Not later than 270 days after the
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Administrator establishes the task force under subsection
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(a), the task force shall submit to the Administrator the
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analysis required under such subsection.
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(d) ELEMENTS.—The analysis required under sub-
1
section (a) shall include emerging and potential future
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threats posed by the following:
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(1) Evolving tactics by terrorist organizations
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that may pose a catastrophic risk to an aviation or
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surface transportation entity.
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(2) Explosive and explosive devices or attacks
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involving the use of explosives that may cause cata-
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strophic damage to an aviation or surface transpor-
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tation system.
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(3) Chemical or biological agents being released
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in either aviation or surface transportation systems.
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(4) Cyberthreat actors seeking to undermine
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confidence in transportation systems or cause service
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disruptions that jeopardize transportation security.
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(5) Unmanned aerial systems with the capa-
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bility of inflicting harm on transportation targets.
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(6) Individuals or groups seeking to attack soft
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targets, public areas, or crowded spaces of transpor-
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tation systems, including attacks against Transpor-
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tation Security Administration employees and other
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security personnel.
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(7)
Foreign
actors
seeking
to
exploit
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vulnerabilities posed by the inconsistent or inad-
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equate security screening protocols at last point of
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HR 3318 RFS
departure airports with direct flights to the United
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States.
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(8) Information sharing challenges within the
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Federal Government and among partner govern-
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ments.
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(9) Information sharing challenges between the
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Administration or other relevant Federal agencies
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and transportation stakeholders, including air car-
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riers, airport operators, surface transportation oper-
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ators, and State and local law enforcement.
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(10) Growth in passenger volume in both the
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aviation and surface transportation sectors.
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(e) MITIGATION.—Not later than 120 days after the
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completion of the analysis required under subsection (a),
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the Administrator of the Transportation Security Admin-
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istration shall develop, as appropriate, a threat mitigation
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strategy for each of the threats examined in such analysis,
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and—
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(1) assign appropriate resources of the Admin-
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istration to address such threats, based on cal-
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culated risk; or
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(2) provide recommendations through the De-
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partment of Homeland Security to the appropriate
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Federal department or agency responsible for ad-
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dressing such threats.
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(f) STAKEHOLDER ENGAGEMENT.—When carrying
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out the analysis required under subsection (a), the Admin-
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istrator of the Transportation Security Administration
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shall engage transportation stakeholders referred to in
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subsection (b)(9) and account for security concerns of
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transportation operators by—
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(1) convening not fewer than three industry day
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events for such transportation stakeholders to hear
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from relevant public and private sector security part-
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ners and provide feedback on threats such transpor-
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tation stakeholders identify as emerging;
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(2) developing strategies to solicit feedback on
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a consistent basis from such transportation stake-
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holders across all modes of transportation and pro-
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viding consistent responses to stakeholder concerns;
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(3) improving the quality, timeliness, and rel-
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evancy of information sharing products disseminated
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by the Administration to such transportation stake-
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holders, including classified information sharing
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products;
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(4) coordinating security incident response and
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communications drills, including tabletop exercises,
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to improve incident preparedness and response capa-
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bilities across transportation modes and among
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transportation systems;
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(5) encouraging regular communication between
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Federal Security Directors, Field Intelligence Offi-
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cers, Federal Air Marshal Special Agents in Charge,
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and such transportation stakeholders;
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(6) establishing regular opportunities for senior
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Administration leadership to engage with such trans-
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portation stakeholders regarding changes in the
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threat environment and how the Administration can
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offer security support to address such changes; and
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(7) briefing the Aviation Security Advisory
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Committee and the Surface Transportation Security
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Advisory Committee on the efforts of the task force
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established pursuant to subsection (a).
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(g) BRIEFING TO CONGRESS.—The Administrator of
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the Transportation Security Administration shall brief the
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Committee on Homeland Security of the House of Rep-
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resentatives and the Committee on Commerce, Science,
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and Transportation of the Senate on the results of the
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analysis required under subsection (a) and relevant miti-
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gation strategies developed in accordance with subsection
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(c).
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(h) NON-APPLICABILITY OF FACA AND PRA.—The
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Federal Advisory Committee Act (5 U.S.C. App.) and the
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Paperwork Reduction Act (44 U.S.C. 3501 et seq.) shall
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not apply to the task force established under subsection
1
(a).
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SEC. 3. COMPTROLLER GENERAL STUDY.
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(a) IN GENERAL.—Not later than 1 year after the
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date of the enactment of this Act, the Comptroller General
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of the United States shall conduct a review of the feasi-
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bility, risks, costs, and potential threat mitigation benefits
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of the Transportation Security Administration deploying
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the agency’s passenger and property screening assets to
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conduct screening in areas or facilities prior to passenger
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arrival at airport terminals.
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(b) STAKEHOLDER ENGAGEMENT.—In conducting
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the review required under subsection (a), the Comptroller
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General of the United States shall consult with the Trans-
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portation Security Administration, airport operators, air
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carriers, businesses that operate in airports, labor groups
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representing the Transportation Security Administration
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and transportation sector personnel, and other stake-
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holders.
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Passed the House of Representatives December 9,
2019.
Attest:
CHERYL L. JOHNSON,
Clerk.
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