[House Report 116-195]
[From the U.S. Government Publishing Office]


116th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {       116-195

======================================================================



 
          EMERGING TRANSPORTATION SECURITY THREATS ACT OF 2019

                                _______
                                

August 30, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3318]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3318) 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, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     3
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     5
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     5
Federal Mandates Statement.......................................     6
Statement of General Performance Goals and Objectives............     6
Duplicative Federal Programs.....................................     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits
Advisory Committee Statement
Applicability to Legislative Branch
Section-by-Section Analysis of the Legislation...................     6

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Emerging Transportation Security 
Threats Act of 2019''.

SEC. 2. EMERGING AND FUTURE THREATS TASK FORCE.

  (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Administrator of the Transportation Security 
Administration, in consultation with the Director of National 
Intelligence and the intelligence community (as such term is defined in 
section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) 
and the heads of other Federal agencies, as determined appropriate by 
the Administrator, shall establish a task force to conduct an analysis 
of emerging and potential future threats to transportation security.
  (b) Membership.--The task force established under subsection (a) 
shall be comprised of employees of the Department of Homeland Security 
who, in carrying out the analysis required under such subsection, shall 
consult with the Director of National Intelligence and the intelligence 
community and the heads of Federal agencies, as determined appropriate 
by the Administrator.
  (c) Deadline.--Not later than 270 days after the Administrator 
establishes the task force under subsection (a), the task force shall 
submit to the Administrator the analysis required under such 
subsection.
  (d) Elements.--The analysis required under subsection (a) shall 
include emerging and potential future threats posed by the following:
          (1) Evolving tactics by terrorist organizations that may pose 
        a catastrophic risk to an aviation or surface transportation 
        entity.
          (2) Explosive and explosive devices or attacks involving the 
        use of explosives that may cause catastrophic damage to an 
        aviation or surface transportation system.
          (3) Chemical or biological agents being released in either 
        aviation or surface transportation systems.
          (4) Cyberthreat actors seeking to undermine confidence in 
        transportation systems or cause service disruptions that 
        jeopardize transportation security.
          (5) Unmanned aerial systems with the capability of inflicting 
        harm on transportation targets.
          (6) Individuals or groups seeking to attack soft targets, 
        public areas, or crowded spaces of transportation systems, 
        including attacks against Transportation Security 
        Administration employees and other security personnel.
          (7) Foreign actors seeking to exploit vulnerabilities posed 
        by the inconsistent or inadequate security screening protocols 
        at last point of departure airports with direct flights to the 
        United States.
          (8) Information sharing challenges within the Federal 
        Government and among partner governments.
          (9) Information sharing challenges between the Administration 
        or other relevant Federal agencies and transportation 
        stakeholders, including air carriers, airport operators, 
        surface transportation operators, and State and local law 
        enforcement.
          (10) Growth in passenger volume in both the aviation and 
        surface transportation sectors.
  (e) Mitigation.--Not later than 120 days after the completion of the 
analysis required under subsection (a), the Administrator of the 
Transportation Security Administration shall develop, as appropriate, a 
threat mitigation strategy for each of the threats examined in such 
analysis, and--
          (1) assign appropriate resources of the Administration to 
        address such threats, based on calculated risk; or
          (2) provide recommendations through the Department of 
        Homeland Security to the appropriate Federal department or 
        agency responsible for addressing such threats.
  (f) Stakeholder Engagement.--When carrying out the analysis required 
under subsection (a), the Administrator of the Transportation Security 
Administration shall engage transportation stakeholders referred to in 
subsection (b)(9) and account for security concerns of transportation 
operators by--
          (1) convening not fewer than three industry day events for 
        such transportation stakeholders to hear from relevant public 
        and private sector security partners and provide feedback on 
        threats such transportation stakeholders identify as emerging;
          (2) developing strategies to solicit feedback on a consistent 
        basis from such transportation stakeholders across all modes of 
        transportation and providing consistent responses to 
        stakeholder concerns;
          (3) improving the quality, timeliness, and relevancy of 
        information sharing products disseminated by the Administration 
        to such transportation stakeholders, including classified 
        information sharing products;
          (4) coordinating security incident response and 
        communications drills, including tabletop exercises, to improve 
        incident preparedness and response capabilities across 
        transportation modes and among transportation systems;
          (5) encouraging regular communication between Federal 
        Security Directors, Field Intelligence Officers, Federal Air 
        Marshal Special Agents in Charge, and such transportation 
        stakeholders;
          (6) establishing regular opportunities for senior 
        Administration leadership to engage with such transportation 
        stakeholders regarding changes in the threat environment and 
        how the Administration can offer security support to address 
        such changes; and
          (7) briefing the Aviation Security Advisory Committee and the 
        Surface Transportation Security Advisory Committee on the 
        efforts of the task force established pursuant to subsection 
        (a).
  (g) Briefing to Congress.--The Administrator of the Transportation 
Security Administration shall brief the Committee on Homeland Security 
of the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate on the results of the analysis 
required under subsection (a) and relevant mitigation strategies 
developed in accordance with subsection (c).
  (h) Non-applicability of FACA and PRA.--The Federal Advisory 
Committee Act (5 U.S.C. App.) and the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.) shall not apply to the task force established 
under subsection (a).

SEC. 3. COMPTROLLER GENERAL STUDY.

  (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct a review of the feasibility, risks, costs, and potential 
threat mitigation benefits of the Transportation Security 
Administration deploying the agency's passenger and property screening 
assets to conduct screening in areas or facilities prior to passenger 
arrival at airport terminals.
  (b) Stakeholder Engagement.--In conducting the review required under 
subsection (a), the Comptroller General of the United States shall 
consult with the Transportation Security Administration, airport 
operators, air carriers, businesses that operate in airports, labor 
groups representing the Transportation Security Administration and 
transportation sector personnel, and other stakeholders.

                          PURPOSE AND SUMMARY

    The purpose of H.R. 3318, the ``Emerging Transportation 
Security Threats Act of 2019'' is to require the Transportation 
Security Administration (TSA) to establish a task force to 
analyze emerging and potential future threats to transportation 
security.

                  BACKGROUND AND NEED FOR LEGISLATION

    Terrorists and other nefarious actors are constantly 
evolving their methods and tactics to attack transportation 
systems. Government agencies responsible for security must be 
ever-vigilant, and a complete review of current realities, 
trends, and threats would help improve security and inform 
Congress and relevant Federal agencies. Maintenance of 
effective transportation security programs is not possible 
without Federal, State, local, and industry security 
collaboration. Communication and information sharing are 
paramount to ensuring the security of the transportation 
sector. H.R. 3318 requires the creation of a Federal task force 
and charges the task force with conducting analysis of emerging 
and potential future threats to transportation security.

                                HEARINGS

    For the purpose of section 103(i) of H. Res. 6 of the 116th 
Congress the following related hearings were held:
    On May 17, 2018, a hearing entitled ``Assessing the TSA 
Checkpoint: The PreCheck Program and Airport Wait Times''; on 
February 26, 2019, a hearing entitled ``Securing U.S. Surface 
Transportation from Cyber Attacks'''; and on April 9, 2019, a 
hearing entitled ``Securing America's Transportation and 
Maritime Systems: A Review of the Fiscal Year 2020 Budget 
Requests for the Transportation Security Administration and the 
U.S. Coast Guard.''

                        COMMITTEE CONSIDERATION

    The Committee met on July 17, 2019, with a quorum being 
present, to consider H.R. 3318 and ordered the measure to be 
reported to the House with a favorable recommendation, as 
amended, by unanimous consent.
    The following amendments was offered and agreed to by 
unanimous consent:
    An amendment offered by Mr. Correa.
          At page 2, line 9, insert new subsection (b) reading: 
        ``(b) Membership.--The task force established under 
        subsection (a) shall be comprised of employees of the 
        Department of Homeland Security who, in carrying out 
        the analysis required under subsection (a), shall 
        consult with the Director of National Intelligence and 
        the intelligence community (as such term is defined in 
        subsection (a)) and the heads of Federal agencies, as 
        determined appropriate by the Administrator.'';
          At page 2, line 9, after the new subsection (b), 
        insert new subsection (c) reading: ``(c) Deadline.--Not 
        later than 270 days after the Administrator established 
        the task force required under subsection (a), the task 
        force shall submit the analysis required under 
        subsection (a) to the Administrator.'';
          Renumber subsection (b) as subsection (d), and 
        following subsections appropriately;
          At page 3, line 3, after ``systems'' insert ``, 
        including attacks against Transportation Security 
        Administration employees and other security 
        personnel'';
          At page 3, line 4, prior to ``inconsistent'', insert 
        ``Foreign actors seeking to exploit vulnerabilities 
        posed by the . . .'';
          At page 3, line 17, strike ``Not later than 120 
        days'' and insert ``Upon submission of the first budget 
        request'';
          At page 4, line 20, after ``quality'', insert ``, 
        timeliness,''; and At the end of section 2, insert new 
        subsection (f) reading: ``(f) Non-Applicability of FACA 
        and PRA.--The Federal Advisory Committee Act (5 U.S.C. 
        App.) and the Paperwork Reduction Act (44 U.S.C. 3501 
        et seq.) shall not apply to the task force authorized 
        under this section.''.
    An amendment offered by Ms. Jackson Lee.
          Add at end the following:

  SEC. 3. COMPTROLLER GENERAL STUDY

                            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. 3318.

                      COMMITTEE OVERSIGHT FINDINGS

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

CONGRESSIONAL BUDGET OFFICE ESTIMATE NEW BUDGET AUTHORITY, ENTITLEMENT 
                    AUTHORITY, AND TAX EXPENDITURES

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 28, 2019.
Hon. Bennie G. Thompson,
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. 3318, the Emerging 
Transportation Security Threats Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 3318 would require the Transportation Security 
Administration (TSA) to establish a task force to analyze 
emerging and potential threats to transportation security. The 
bill also would require TSA to develop a strategy to mitigate 
those threats. Finally, H.R. 3318 would require the Government 
Accountability Office to report on the feasibility of screening 
airline passengers prior to arriving at airports.
    Using information from TSA, CBO estimates that implementing 
H.R. 3318 would have no significant effect on the federal 
budget. According to the agency, most of the activities 
detailed in the bill are consistent with current agency 
operations.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office.

                      DUPLICATIVE FEDERAL PROGRAMS

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 3318 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

                    PERFORMANCE GOALS AND OBJECTIVES

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
3318 would require the TSA Administrator to establish a task 
force to analyze emerging and potential future threats to 
transportation security.

                          ADVISORY ON EARMARKS

    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(d), 9(e), or 9(f) of the rule 
XXI.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

Sec 2. Emerging and future threats task force

    This section requires that within 90 days after enactment 
of this Act the TSA Administrator, in consultation with the 
Director of National Intelligence, the intelligence community, 
and heads of other appropriate Federal agencies, create a task 
force to conduct analysis of emerging and potential future 
threats to transportation security.
    The task force created shall be comprised of Department of 
Homeland Security employees who shall consult with the Director 
of National Intelligence, the intelligence community, and the 
head of Federal agencies when carrying out the required 
analysis.
    The task force will submit the analysis to the TSA 
Administrator within 270 days after the creation of the task 
force.
    The analysis shall take into consideration (1) tactics of 
terrorist organizations that can attack our aviation or surface 
transportation systems; (2) the use of explosives that can be 
used to attack aviation or surface transportation systems; (3) 
chemical or biological elements released in the aviation or 
surface transportation systems; (4) cyberthreats that risk 
undermining confidence in transportation systems or disrupting 
transportation service (the analysis should include security 
screening equipment developed or manufactured by firms that are 
owned or closely tied to the governments of countries that are 
known to pose a cyber threat, to determine if the equipment 
provides inadequate security, or poses any potential 
cybersecurity or cyberespionage risks); (5) drones or unmanned 
aerial systems with the capability of causing harm to 
transportation targets; (6) groups or individuals who target 
soft targets, public areas, and crowded spaces of 
transportation systems, including attacks against TSA employees 
and other security personnel; (7) foreign actors trying to 
exploit inconsistent or inadequate security screening protocols 
at last point of departure airports; (8) challenges to 
information sharing across the Federal government and with 
partner governments; (9) challenges to information sharing 
among Federal agencies and industry partners such as air 
carriers, airport operators, surface transportation operators, 
and State and local law enforcement; and (10) the growing 
volume of passengers in the aviation and surface transportation 
sectors.
    This Act requires that within 120 days after the mandated 
analysis is completed, the TSA Administrator develops as 
appropriate a threat mitigation strategy for each of the 
threats examined by the task force and allot appropriate 
resources for the Administration to address such threats.
    Additionally, as part of completing the analysis required, 
the TSA Administrator must engage transportation stakeholders 
by (1) convening at least three industry day events for 
transportation stakeholders for relevant public and private 
sector security partners to share information and provide 
feedback on emerging threats they have identified; (2) 
developing strategies to solicit consistent feedback from 
transportation stakeholders across all modes of transportation 
and consistently respond to stakeholder concerns; (3) improving 
the quality, timeliness, and relevancy of information 
disseminated by the Administration to stakeholders, including 
classified information; (4) coordinating security incident 
response and communications drills to improve incident 
preparedness and response capabilities across transportation 
modes and systems; (5) strengthening communication between 
Federal Security Directors, Field Intelligence Officers, 
Federal Air Marshal Special Agents in Charge, and 
transportation stakeholders; (6) creating regular opportunities 
for senior Administration leadership to engage with 
transportation stakeholders regarding changes in the threat 
environment and what security support the Administration can 
provide to mitigate the changes; and (7) providing an update to 
the Aviation Security Advisory Committee and the Surface 
Transportation Security Advisory Committee on the work of the 
task force created by this Act.
    The TSA Administrator is required to brief the relevant 
congressional committees on the results of the analysis and 
mitigation strategies required by this Act.
    Finally, the Federal Advisory Committee Act and the 
Paperwork Reduction Act shall not apply to the task force 
established under this Act.

Sec 3. Comptroller general study

    This section requires that, no later than a year after 
enactment of this Act, the Government Accountability Office 
(GAO) review the feasibility, risks, costs, and potential 
threat mitigation benefits of TSA deploying the agency's 
passenger and property screening assets to conduct screening in 
areas or facilities prior to passenger arrival at airport 
terminals.
    In the study required, GAO is required to consult with TSA, 
airport operators, air carriers, businesses that operate in 
airports, labor groups representing the TSA and transportation 
sector personnel, and other stakeholders.

                                  [all]