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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3318 Referred in Senate (RFS)]

<DOC>
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 Representatives of the 
United States of America in Congress assembled,

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 1 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.

            Passed the House of Representatives December 9, 2019.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```