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-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Emerging Transpor-
tation 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 consulta-
tion with the Director of National Intelligence and the in-
telligence 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 de-
termined appropriate by the Administrator, shall establish 
a task force to conduct an analysis of emerging and poten-
tial future threats to transportation security. 
(b) MEMBERSHIP.—The task force established under 
subsection (a) shall be comprised of employees of the De-
partment 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 deter-
mined 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. 
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(d) ELEMENTS.—The analysis required under sub-
section (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 cata-
strophic damage to an aviation or surface transpor-
tation 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 capa-
bility of inflicting harm on transportation targets. 
(6) Individuals or groups seeking to attack soft 
targets, public areas, or crowded spaces of transpor-
tation systems, including attacks against Transpor-
tation Security Administration employees and other 
security personnel. 
(7) 
Foreign 
actors 
seeking 
to 
exploit 
vulnerabilities posed by the inconsistent or inad-
equate security screening protocols at last point of 
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departure airports with direct flights to the United 
States. 
(8) Information sharing challenges within the 
Federal Government and among partner govern-
ments. 
(9) Information sharing challenges between the 
Administration or other relevant Federal agencies 
and transportation stakeholders, including air car-
riers, airport operators, surface transportation oper-
ators, 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 Admin-
istration shall develop, as appropriate, a threat mitigation 
strategy for each of the threats examined in such analysis, 
and— 
(1) assign appropriate resources of the Admin-
istration to address such threats, based on cal-
culated risk; or 
(2) provide recommendations through the De-
partment of Homeland Security to the appropriate 
Federal department or agency responsible for ad-
dressing such threats. 
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(f) STAKEHOLDER ENGAGEMENT.—When carrying 
out the analysis required under subsection (a), the Admin-
istrator 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 part-
ners and provide feedback on threats such transpor-
tation stakeholders identify as emerging; 
(2) developing strategies to solicit feedback on 
a consistent basis from such transportation stake-
holders across all modes of transportation and pro-
viding consistent responses to stakeholder concerns; 
(3) improving the quality, timeliness, and rel-
evancy of information sharing products disseminated 
by the Administration to such transportation stake-
holders, including classified information sharing 
products; 
(4) coordinating security incident response and 
communications drills, including tabletop exercises, 
to improve incident preparedness and response capa-
bilities across transportation modes and among 
transportation systems; 
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(5) encouraging regular communication between 
Federal Security Directors, Field Intelligence Offi-
cers, Federal Air Marshal Special Agents in Charge, 
and such transportation stakeholders; 
(6) establishing regular opportunities for senior 
Administration leadership to engage with such trans-
portation 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 Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate on the results of the 
analysis required under subsection (a) and relevant miti-
gation 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 
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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 feasi-
bility, 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 Trans-
portation Security Administration, airport operators, air 
carriers, businesses that operate in airports, labor groups 
representing the Transportation Security Administration 
and transportation sector personnel, and other stake-
holders. 
Passed the House of Representatives December 9, 
2019. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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