EMERGING TRANSPORTATION SECURITY THREATS ACT OF 2019; Congressional Record Vol. 165, No. 196
(House of Representatives - December 09, 2019)

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[Pages H9371-H9373]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          EMERGING TRANSPORTATION SECURITY THREATS ACT OF 2019

  Ms. SLOTKIN. Mr. Speaker, I move to suspend the rules and pass 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3318

       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''.

[[Page H9372]]

  


     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Michigan (Ms. Slotkin) and the gentleman from Louisiana (Mr. Higgins) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Michigan.


                             General Leave

  Ms. SLOTKIN. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and to 
include extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Michigan?
  There was no objection.
  Ms. SLOTKIN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today to support H.R. 3318, the Emerging 
Transportation Security Threats Act of 2019.
  Millions of people travel every day and rely on a secure 
transportation system to get them to their destination safely. 
Terrorists and other nefarious actors are constantly looking for new 
ways to attack and disrupt our Nation's transportation systems. All it 
takes is one successful attack for the public to lose confidence in the 
system as a whole.
  We must ensure that our security systems remain one step ahead of 
nefarious actors and that all entities responsible for transportation 
security are collaborating and sharing information in an effective 
manner to help prevent an attack. This bill is a good step in this 
direction.
  Importantly, it requires the TSA, in consultation with the 
intelligence community and other relevant Federal agencies, to 
establish a task force to analyze emerging and future threats to 
transportation security. Having individuals from across the Federal 
Government work together to assess emerging threats will help promote 
collaboration and efficiency across the agencies.
  After the analysis is complete, H.R. 3318 requires TSA to develop a 
threat mitigation strategy for each threat the task force identifies. 
These mitigation strategies will be important tools for TSA as they 
consider how best to prevent potential threats from occurring.
  Finally, the bill requires the Government Accountability Office to 
conduct a review to determine the costs and benefits of conducting 
screening prior to passenger arrival at an airport terminal.
  Mr. Speaker, we must do all that we can to prevent an attack on our 
transportation systems. This bill promotes collaboration to put our 
security agencies in a better position to identify and mitigate 
threats.
  Mr. Speaker, I urge my House colleagues to support this legislation, 
and I reserve the balance of my time.
  Mr. HIGGINS of Louisiana. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise today in support of H.R. 3318, the Emerging 
Transportation Security Threats Act of 2019, sponsored by my good 
friend and colleague, the gentleman from Pennsylvania (Mr. Joyce).
  This legislation establishes a task force aimed at improving the 
security of the traveling public by bringing together relevant Federal 
authorities and transportation security stakeholders.
  The task force established by this legislation will look at emerging 
and

[[Page H9373]]

potential future threats to transportation security from a number of 
threat vectors, including cybersecurity, explosives, public area 
security, and evolving terrorist attacks.
  This bill also directs the Administrator of the TSA to develop 
relevant threat mitigation plans in close coordination with 
transportation security stakeholders and appropriate Federal agencies.
  Mr. Speaker, I thank the gentleman from Pennsylvania for his 
leadership on this issue.
  Mr. Speaker, I urge my colleagues to support this bill, and I reserve 
the balance of my time.
  Ms. SLOTKIN. Mr. Speaker, I have no more speakers, and I am prepared 
to close after the gentleman from Louisiana closes.
  Mr. HIGGINS of Louisiana. Mr. Speaker, I yield 3 minutes to the 
gentleman from Pennsylvania (Mr. Joyce).
  Mr. JOYCE of Pennsylvania. Mr. Speaker, I rise today in support of my 
bill, H.R. 3318, the Emerging Transportation Security Threats Act of 
2019. This legislation will ensure that Homeland Security is forward-
looking in regard to threats facing America's transportation systems.
  My district, Pennsylvania's 13th, is home to the Flight 93 National 
Memorial in Somerset County, which serves as a stark reminder of the 
heroism of ordinary Americans and why, as a Congress, we must act to 
protect our Nation against threats to the homeland.
  Oftentimes, the Transportation Security Administration faces 
criticism from Congress, stakeholders, and the traveling public that 
the agency is too reactionary to evolving threats and not 
proactive enough in mitigating emerging threats to transportation.

  H.R. 3318 seeks to improve collaboration among the TSA, the 
intelligence community, other Federal agencies, and transportation 
security stakeholders by creating a task force to conduct an analysis 
of emerging threats to transportation security. Once established, this 
task force will examine threats posed by evolving terrorist tactics, 
explosive devices, chemical and biological agents, cyber actors, 
unmanned aerial systems, and inadequate information sharing, among 
other security challenges.
  For each threat examined by the task force established in this 
legislation, the TSA is directed to develop a mitigation strategy to 
protect the traveling public and identify needed security enhancements. 
This bill ensures that each of these efforts will include close 
collaboration with transportation stakeholders on the development of 
security strategies, improved information sharing practices, and 
regular interactions with senior TSA leadership on security matters.
  Finally, this legislation requires the Government Accountability 
Office to conduct a review ensuring that the TSA effectively implements 
the bill's requirements.
  Mr. Speaker, I thank the gentleman from Louisiana, Clay Higgins, for 
his support of this bill and for working to bring it to the floor 
today. I urge all of my colleagues to support this legislation.
  Mr. HIGGINS of Louisiana. Mr. Speaker, I urge adoption of the bill, 
and I yield back the balance of my time.
  Ms. SLOTKIN. Mr. Speaker, securing our Nation's transportation 
systems from successful attack requires the collaboration of all 
stakeholders responsible for transportation security.
  I thank the gentleman from Pennsylvania (Mr. Joyce) for bringing this 
legislation forward, and I urge passage of H.R. 3318.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Michigan (Ms. Slotkin) that the House suspend the 
rules and pass the bill, H.R. 3318, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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