[House Report 113-512]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-512
======================================================================
GERARDO HERNANDEZ AIRPORT SECURITY ACT OF 2014
_______
July 3, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 4802]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 4802) to improve intergovernmental planning for
and communication during security incidents at domestic
airports, 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......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 6
Duplicative Federal Programs..................................... 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
Disclosure of Directed Rule Makings.............................. 6
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 9
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 ``Gerardo Hernandez Airport Security Act
of 2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Homeland Security
(Transportation Security) of the Department of Homeland
Security.
(2) Administration.--The term ``Administration'' means the
Transportation Security Administration.
SEC. 3. SECURITY INCIDENT RESPONSE AT AIRPORTS.
(a) In General.--The Assistant Secretary shall, in consultation with
the Administrator of the Federal Emergency Management Agency, conduct
outreach to all airports in the United States at which the
Administration performs, or oversees the implementation and performance
of, security measures, and provide technical assistance as necessary,
to verify such airports have in place individualized working plans for
responding to security incidents inside the perimeter of the airport,
including active shooters, acts of terrorism, and incidents that target
passenger-screening checkpoints.
(b) Types of Plans.--Such plans may include, but may not be limited
to, the following:
(1) A strategy for evacuating and providing care to persons
inside the perimeter of the airport, with consideration given
to the needs of persons with disabilities.
(2) A plan for establishing a unified command, including
identification of staging areas for non-airport-specific law
enforcement and fire response.
(3) A schedule for regular testing of communications
equipment used to receive emergency calls.
(4) An evaluation of how emergency calls placed by persons
inside the perimeter of the airport will reach airport police
in an expeditious manner.
(5) A practiced method and plan to communicate with travelers
and all other persons inside the perimeter of the airport.
(6) To the extent practicable, a projected maximum timeframe
for law enforcement response.
(7) A schedule of joint exercises and training to be
conducted by the airport, the Administration, other
stakeholders such as airport and airline tenants, and any
relevant law enforcement, airport police, fire, and medical
personnel.
(8) A schedule for producing after-action joint exercise
reports to identify and determine how to improve security
incident response capabilities.
(c) Report to Congress.--Not later than 90 days after the date of the
enactment of this Act, the Assistant Secretary shall report to the
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate on the
findings from its outreach to airports under subsection (a), including
an analysis of the level of preparedness such airports have to respond
to security incidents, including active shooters, acts of terrorism,
and incidents that target passenger-screening checkpoints.
SEC. 4. DISSEMINATING INFORMATION ON BEST PRACTICES.
The Assistant Secretary shall--
(1) identify best practices that exist across airports for
security incident planning, management, and training; and
(2) establish a mechanism through which to share such best
practices with other airport operators nationwide.
SEC. 5. CERTIFICATION.
Not later than 90 days after the date of enactment of this Act, and
annually thereafter, the Assistant Secretary shall certify in writing
to the Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate that all screening personnel have participated in practical
training exercises for active shooter scenarios.
SEC. 6. REIMBURSABLE AGREEMENTS.
Not later than 90 days after the enactment of this Act, the Assistant
Secretary shall provide to the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an analysis of how the Administration can
use cost savings achieved through efficiencies to increase over the
next 5 fiscal years the funding available for checkpoint screening law
enforcement support reimbursable agreements.
SEC. 7. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.
No additional funds are authorized to be appropriated to carry out
this Act, and this Act shall be carried out using amounts otherwise
available for such purpose.
SEC. 8. INTEROPERABILITY REVIEW.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Assistant Secretary shall, in consultation with the
Assistant Secretary of the Office of Cybersecurity and Communications,
conduct a review of the interoperable communications capabilities of
the law enforcement, fire, and medical personnel responsible for
responding to a security incident, including active shooter events,
acts of terrorism, and incidents that target passenger-screening
checkpoints, at all airports in the United States at which the
Administration performs, or oversees the implementation and performance
of, security measures.
(b) Report.--Not later than 30 days after the completion of the
review, the Assistant Secretary shall report the findings of the review
to the Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate.
PURPOSE AND SUMMARY
The purpose of H.R. 4802 is to improve intergovernmental
planing for and communication during security incidents at
domestic airports, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
On November 1, 2013, a lone gunman entered Terminal 3 at
Los Angeles International Airport (LAX) and began a shooting
rampage, which left Transportation Security Officer Gerardo
Hernandez dead and three other individuals wounded. While the
response by law enforcement, TSA personnel, and emergency
responders was heroic and impressive, after-action reports
conducted on the incident showed gaps in communications and
coordination procedures.
H.R. 4802 is a bipartisan bill that seeks to improve
security incident preparedness by directing the Transportation
Security Administration (TSA) to verify that airports across
the United States have incorporated procedures for responding
to active shooters targeting security checkpoints into their
existing incident plans. Additionally, the legislation directs
the Administrator of TSA to report to the appropriate
Congressional committees the Administration's findings
regarding the levels of preparedness at airports. The bill also
mandates that TSA establish a mechanism by which best practices
in security incident mitigation can be shared with airports
across the country and requires that the agency certify to the
appropriate Congressional committees that all screening
personnel have participated in training for active shooter
scenarios. Additionally, TSA is required to provide an analysis
to the appropriate Congressional committees on how cost savings
can be used to increase funding for reimbursable agreements for
airport law enforcement over the next five years. Finally, the
legislation requires TSA to conduct a review of the
interoperable communications capabilities of the law
enforcement, fire, and medical personnel responsible for
responding to a security incident at airports in the United
States.
The Subcommittee conducted outreach regarding this bill to
a number of stakeholders, including airport operators, local
law enforcement, airport police, labor organizations
representing airport employees and screeners, the Government
Accountability Office, and TSA.
HEARINGS
No hearings were held on H.R. 4802, however the Committee
held the following hearings.
On March 28, 2014, the Subcommittee on Transportation
Security held a field hearing at the Los Angeles International
Airport entitled ``Lessons from the LAX Shooting: Preparing for
and Responding to Emergencies at Airports.'' The Subcommittee
received testimony from Hon. John S. Pistole, Administrator,
Transportation Security Administration, U.S. Department of
Homeland Security; Ms. Gina Marie, Lindsey, Executive Director,
Los Angeles World Airports; Mr. Patrick M. Gannon, Chief of
Airport Police, Los Angeles World Airports; and Mr. J. David
Cox, Sr., National President, American Federation of Government
Employees.
On May 29, 2014, the Subcommittee on Transportation
Security continued its series of hearings with a hearing
entitled ``Lessons from the LAX Shooting: Airport and Law
Enforcement Perspectives.'' The Subcommittee received testimony
from Mr. Frank Capello, Director of Security, Fort Lauderdale--
Hollywood International Airport; Mr. Michael J. Landguth,
President and Chief Executive Officer, Raleigh-Durham Airport
Authority, Raleigh-Durham International Airport; Mr. Kevin
Murphy, President, Airport Law Enforcement Agencies Network;
and Mr. Marshall McClain, President, Los Angeles Airport Peace
Officers Association.
COMMITTEE CONSIDERATION
The Committee met on June 11, 2014, to consider H.R. 4802,
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote. Prior to
consideration, the Chair discharged the Subcommittee on
Transportation Security from further consideration of H.R.
4802. The Committee took the following actions:
The following amendments were offered:
An Amendment by Mr. Hudson (#1); was ADOPTED by unanimous
consent.
Page 1, beginning at line 3, strike section 1 and insert a new
``Sec. 1. Short Title.''
An Amendment by Mr. Payne to the Amendment in the Nature of a
Substitute (#2); was AGREED TO by voice vote.
Page 4, after line 23, insert a new section entitled ``Sec. __.
Interoperability Review.''
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. 4802.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
4802, the Gerardo Hernandez Airport Security Act of 2014, would
result in no new or increased budget authority, entitlement
authority, or tax expenditures or revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 24, 2014.
Hon. Michael McCaul,
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. 4802, the Gerardo
Hernandez Airport Security Act of 2014.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 4802--Gerardo Hernandez Airport Security Act of 2014
H.R. 4802 would direct the Assistant Secretary of Homeland
Security, acting through the Transportation Security
Administration (TSA), to undertake a variety of activities
aimed at enhancing security at airports where TSA performs or
oversees security-related activities. The bill would require
TSA to verify that all such airports have plans in place for
responding to security threats and to provide technical
assistance as necessary to improve such plans. H.R. 4802 also
would require TSA to disseminate information on best practices
for addressing security threats and ensure that all screening
personnel have received training in how to handle potential
shooting threats. Finally, H.R. 4802 would require the
Department of Homeland Security's (DHS's) Office of
Cybersecurity and Communications to report to the Congress on
the capacity of law enforcement, fire, and medical response
teams to communicate and respond to security threats at
airports.
Based on information from DHS, CBO estimates that
implementing H.R. 4802 would cost about $2.5 million in 2015,
assuming appropriation of the necessary amounts. Of that
amount, CBO assumes the department would spend about $1.5
million to provide additional technical assistance to airports
and about $1 million to evaluate the interoperability of
communication systems used by emergency response teams. H.R.
4802 would not affect direct spending or revenues; therefore,
pay-as-you-go procedures do not apply.
H.R. 4802 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 4802 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This legislation requires the Administrator of the
Transportation Security Administration to submit a report to
the Congress on the findings of the Administration's outreach
to airports regarding their security incident preparedness, as
well as certify that screening personnel have completed active
shooter scenario training. The legislation also requires the
Administrator to conduct a review of the interoperable
communications capabilities of law enforcement, fire, and
medical personnel responsible for responding to a security
incident at airports across the country. Lastly, TSA must
submit to the appropriate Congressional committees a report on
how the agency can increase funding for reimbursable agreements
to airport law enforcement at checkpoints through cost savings
related to general efficiencies.
DUPLICATIVE FEDERAL PROGRAMS
The Committee finds that H.R. 4802 does not contain any
provision that establishes or reauthorizes a program known to
be duplicative of another Federal program.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
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(e), 9(f), or 9(g) of the rule
XXI.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
PREEMPTION CLARIFICATION
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 4802 does
not preempt any State, local, or Tribal law.
DISCLOSURE OF DIRECTED RULE MAKINGS
The Committee estimates that H.R. 4802 would require no
directed rule makings.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
This section provides that bill may be cited as the
``Gerardo Hernandez Airport Security Act of 2014''.
Sec. 2. Definitions
This section defines ``Assistant Secretary'' as the
Assistant Secretary of Homeland Security (Transportation
Security) of the Department of Homeland Security, and
``Administration'' as the ``Transportation Security
Administration'' (TSA).
Sec. 3. Security incident response at airports
This section requires the Assistant Secretary to conduct
outreach to all airports at which TSA performs or oversees the
performance of security measures and provide technical
assistance to verify that airports have active plans for
responding to security incidents at their respective airports.
These plans can include, but are not limited to:
A strategy for evacuating and providing care to
persons inside the airport;
A plan for establishing a unified command post
during an incident;
A specified schedule for testing of communications
equipment;
An evaluation of how emergency calls placed inside
the airport will reach airport police in an expeditious manner;
A method and plan to communicate with travelers
inside the airport;
To the extent practicable, a projected maximum
timeframe for law enforcement response;
A schedule of joint exercises and training to be
conducted by the airport, TSA, other stakeholders such as
airport and airline tenants, and any relevant law enforcement,
airport police, fire, and medical personnel; and
A schedule for producing after-action joint
exercise reports to identify and determine how to improve
security incident response capabilities.
This section also mandates that the Assistant Secretary
submit a report to Congress on the current level of
preparedness at airports to deal with an active shooter
scenario or other security incident. It also allows and
encourages flexibility for airports to maintain or develop
security incident response plans, based on the airports
individual needs and challenges. The Committee does not expect
airports to create duplicative plans, as many airports already
address security incident response in their existing Airport
Emergency Plan, Airport Security Program, or both. Rather, this
bill is intended to verify that airports have security incident
plans in place and encourage the incorporation of more robust
procedures into existing plans, should there be a need to do
so.
The Committee believes it is imperative that airports have
plans in place for responding to a security incident, including
an active shooter incident, and that plans are, to the extent
feasible, understood by the frontline workforce, including
Transportation Security Officers and, where applicable, private
contract screeners, as well as employees of tenants of the
airports and others who work in the airports.
Sec. 4. Disseminating information on best practices
This section requires the Assistant Secretary to identify
and share with airports nationwide, best practices for security
incident planning, management, and training.
Sec. 5. Certification
This section requires the Assistant Secretary to, not later
than 90 days after enactment, and annually thereafter, certify
to the House Committee on Homeland Security and the Senate
Committee on Commerce, Science, and Transportation that all
screening personnel have participated in practical active
shooter training scenarios.
In the wake of the shooting at Los Angeles International
Airport, the Administrator of the TSA required that all
employees complete virtual active-shooter training by no later
than March 31, 2014. Further, the Agency's after-action report
on the shooting stated that the TSA's Office of Training and
Workforce Engagement was working to develop additional training
scenarios for employees. The Committee believes it is important
that screening personnel receive practical training for active
shooter scenarios tailored to their work environment.
Sec. 6. Reimbursable agreements
This section requires the Assistant Secretary to, not later
than 90 days after enactment, report to Congress on how TSA can
increase available funding for reimbursement of law enforcement
support at screening checkpoints over the next five years,
using savings achieved through efficiencies.
The Committee understands that while staffing levels among
the ranks of State and local law enforcement stationed at
airports has remained relatively consistent, the reimbursement
provided to such law enforcement by TSA has steadily declined
in recent years. Due to the critical role that airport law
enforcement play in providing security within the airport
environment, including passenger-screening checkpoints, this
section seeks ways to increase TSA funding to law enforcement
who provide support at screening checkpoints through the
savings achieved in other areas where TSA may find
efficiencies.
Sec. 7. No additional authorization of appropriations
This section clarifies that no additional funds are
authorized to carry out this Act; rather, the Act should be
carried out with existing appropriations.
Sec. 8. Interoperability review
This section, offered as an amendment during Full Committee
consideration by Representative Donald Payne, Jr. (D-NJ),
requires the Assistant Secretary to, not later than 90 days
after the date of enactment, conduct a review of the
interoperable communications capabilities of the law
enforcement, fire, and medical personnel responsible for
responding to a security incident, including active shooter
events, acts of terrorism, and incidents that target passenger-
screening checkpoints, at all airports in the United States at
which TSA performs, or oversees the implementation and
performance of, security measures. This section also requires
the Assistant Secretary to, not later than 30 days after the
completion of the review, report the findings of the review to
the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
The response to the shooting at LAX on November 1, 2013,
highlighted that not all law enforcement, fire, and medical
personnel responding to security incidents at airports across
the nation have the capacity to communicate via interoperable
radios. The Committee believes TSA should be aware of the
interoperable communications capabilities of law enforcement,
fire, and medical personnel responsible for responding to
security incidents at airports and use that knowledge to help
inform incident response.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
As reported, H.R. 4802 makes no changes to existing law.