[Senate Report 114-92]
[From the U.S. Government Publishing Office]
_______________________________________________________________________
GERARDO HERNANDEZ AIRPORT SECURITY ACT OF 2015
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
H.R. 720
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 23, 2015.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
49-010 WASHINGTON : 2015
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourteenth congress
first session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas ED MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
David Schwietert, Staff Director
Nick Rossi, Deputy Staff Director
Rebecca Seidel, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel
Calendar No. 163
114th Congress } { Report
SENATE
1st Session } { 114-92
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GERARDO HERNANDEZ AIRPORT SECURITY ACT OF 2015
_______
July 23, 2015.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany H.R. 720]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (H.R. 720) to improve
intergovernmental planning for and communication during
security incidents at domestic airports, and for other
purposes, having considered the same, reports favorably thereon
with an amendment (in the nature of a substitute) and
recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of H.R. 720, as amended, is to improve
intergovernmental planning for and communication during
security incidents at domestic airports, and for other
purposes.
Background and Needs
On November 1, 2013, a gunman entered a terminal at Los
Angeles International Airport (LAX) and began a shooting
rampage, which left Transportation Security Officer (TSO)
Gerardo Hernandez dead and three other individuals wounded.
While the response by law enforcement, the Transportation
Security Administration (TSA) personnel, and emergency
responders was heroic and impressive, after-action reports
conducted on the incident showed gaps in communications and
coordination procedures.
On March 20, 2015, an assailant with a machete attacked
TSOs at a TSA checkpoint inside a concourse of the Louis
Armstrong New Orleans International Airport. The assailant
slashed Supervisory TSO Carol Richel, sprayed three other TSOs
with wasp repellent, and carried a bag into the building that
contained six Molotov cocktails, a grill lighter, and a letter
opener. The injured TSO sustained non-life-threatening
injuries, while the assailant was shot and killed by a local
law enforcement officer on duty near the checkpoint.
These recent security incidents, while not related to
terrorism, show the continuing importance of and need for
airports to respond quickly and effectively to a range of
threats within an airport's perimeter, including those outside
of the secure areas of an airport. Key improvements recommended
by a TSA review in the aftermath of the LAX event included
strengthening active shooter training, improving the
communications infrastructure, adopting recommended standards
for law enforcement presence at checkpoints and ticket
counters, conducting biannual active shooter training and
exercises, incorporation of maximum response times, and
extending the temporary redeployment of additional Visible
Intermodal Prevention and Response teams to airports.
Summary of Provisions
H.R. 720, as amended, would improve security incident
preparedness by directing the 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 would direct the TSA Administrator to report to the
appropriate congressional committees the TSA Administrator's
findings regarding the levels of preparedness at airports. The
bill also would mandate that the TSA establish a mechanism by
which best practices in security incident mitigation can be
shared with airports across the country and would require that
the agency certify to the appropriate congressional committees
that all screening personnel have participated in training for
active shooter scenarios. Additionally, the bill would require
the TSA 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. The legislation also would require the TSA
Administrator to verify that high threat surface transportation
hubs, as identified by the TSA Administrator, have similar
active shooter training programs. Finally, the legislation
would require the 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.
Legislative History
H.R. 720 was introduced on February 4, 2015, by
Representative John Katko (R-NY), Chairman of the Subcommittee
on Transportation Security of the Committee on Homeland
Security of the House of Representatives. H.R. 720 passed the
House of Representatives on February 10, 2015, by a vote of
411-1. The bill is nearly identical to H.R. 4802, a bipartisan
measure sponsored by Congressman Richard Hudson (R-NC) in the
113th Congress, which passed the House by voice vote, but saw
no action in the Senate.
No hearings were held on H.R. 720 in the 114th Congress;
however, the Subcommittee on Aviation Operations, Safety, and
Security of the Committee on Commerce, Science, and
Transportation of the Senate held a hearing on March 17, 2015,
entitled ``TSA Oversight and Examination of the Fiscal Year
2016 Budget Request'' and received testimony from Melvin
Carraway, Acting Administrator, TSA, Department of Homeland
Security.
During the 113th Congress, the Subcommittee on
Transportation Security of the Committee on Homeland Security
of the House of Representatives held a field hearing on March
28, 2014, at LAX entitled ``Lessons from the LAX Shooting:
Preparing for and Responding to Emergencies at Airports,'' and
a hearing on May 29, 2014, entitled ``Lessons from the LAX
Shooting: Airport and Law Enforcement Perspectives.''
On February 26, 2015, the Committee on Commerce, Science,
and Transportation of the Senate met in open Executive Session
to consider H.R. 720, and ordered the bill to be reported to
the Senate favorably, with an amendment in the nature of a
substitute, by voice vote. Three first degree amendments were
agreed to, including one sponsored by Chairman Thune and
Ranking Member Nelson to make several changes to the bill, one
sponsored by Senator Cruz to include a strategy for providing
airport law enforcement with access to airport security video
surveillance systems at category X airports, and one sponsored
by Senators Booker, Blumenthal, and Schatz to add a section
regarding security incident response for surface transportation
systems.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
H.R. 720--Gerardo Hernandez Airport Security Act of 2015
H.R. 720 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. 720 also
would require TSA to disseminate information on best practices
for addressing security threats, ensure that all screening
personnel have received training in how to handle potential
shooting threats, and conduct outreach to assess the
preparedness of passenger transportation agencies and providers
with high-risk facilities. Finally, H.R. 720 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 with each other and respond to security
threats at airports.
Based on information from DHS, CBO estimates that
implementing H.R. 720 would cost $2.5 million in 2016, assuming
appropriation of the necessary amounts. Of that amount, CBO
estimates 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 and overall
preparedness of those entities with high-risk facilities. H.R.
720 would not affect direct spending or revenues; therefore,
pay-as-you-go procedures do not apply.
H.R. 720 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
The bill would require the Assistant Secretary of Homeland
Security (Transportation Security) to conduct outreach to
approximately 450 airports where the TSA performs or oversees
security operations. Airport operators must already submit to
the TSA for approval airport security programs that address
security procedures and controls unique to each airport, and
designate one or more airport security coordinators to serve as
the primary contact for security-related activities and
communications with the TSA. The outreach directed in the
legislation would involve coordination with these airport
security coordinators, who in turn would be responsible for
communicating with local law enforcement and emergency
personnel, as well as airport entities such as the airlines and
commercial businesses that serve the airport. Because airport
operators and airport security coordinators are already subject
to the TSA's rules and regulations, the number of persons
covered under the bill should be consistent with the current
number of individuals impacted. The legislation would further
require that the Administrator conduct outreach at high-risk
surface transportation facilities to ensure that the facilities
have plans to respond to acts of terrorism, or other security-
related incidents that target passengers.
economic impact
The bill would not authorize new spending by the Federal
Government. The TSA estimates that the costs of providing
technical assistance would be incidental, and the required
interoperability review would cost approximately $750,000,
which would be paid for using funds already appropriated. It is
anticipated that because airports will be able to utilize
existing individualized working plans to fulfill the
requirements of the bill, the cost of incorporating any
additional procedures as a result of a TSA review would be
minimal. The anticipated communication implicated by the bill
between airport security directors and relevant stakeholders
such as local law enforcement and emergency personnel,
airlines, and other commercial operators already occurs on a
regular, ongoing basis, so the bill would not result in
additional burdens to these stakeholders. Addressing security
incident response and best practices is intended to reduce the
likelihood and impact of attacks and promote confidence in the
U.S. aviation system, which in turn would facilitate the free
flow of commerce through the national airspace. It is
anticipated that the required outreach for surface
transportation facilities would occur as part of ongoing
communication between the agency and surface transportation
organizations identified as having high risk facilities. The
TSA may consult as needed with the Department of Transportation
and its modal agencies to determine if current security and
safety reports contain, or could be revised, to include
verification of the active shooter response training.
privacy
The bill would have little if any adverse impact on the
personal privacy of individuals. The bill would include, as a
permissible type of airport plan for responding to security
incidents, a strategy for providing law enforcement with access
to existing airport security video systems at category X
airports where those systems were purchased and installed using
TSA funding. While law enforcement often already has access to
such video systems, this provision would facilitate greater
access.
paperwork
The bill would not significantly increase paperwork
requirements for private individuals or businesses. It is
expected that airports, in response to the TSA outreach, will
use security incident plans already in place and incorporate
additional procedures into those existing plans, should there
be a need to do so. The bill would require the Federal
Government to produce four reports and a certification to
Congress. One of the reports and the certification would be
required within 90 days after the date of enactment, while a
second report would be required within 120 days after the date
of enactment, and the last two would be required within 180
days after the date of enactment.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide that this Act may be cited as
the ``Gerardo Hernandez Airport Security Act of 2015.''
Section 2. Definitions.
This section would define ``Assistant Secretary'' as the
Assistant Secretary of Homeland Security (Transportation
Security) of the Department of Homeland Security, which is
another title for the TSA Administrator, and ``Administration''
as the Transportation Security Administration.
Section 3. Security incident response at airports.
As amended, this section would direct the Assistant
Secretary, in consultation with other Federal agencies as
appropriate, to: (1) conduct outreach to all U.S. airports at
which the TSA performs, or oversees the implementation and
performance of, security measures; and (2) give technical
assistance as necessary to verify that such airports have in
place individualized working plans for responding to security
incidents inside the airport perimeter, including active
shooters, acts of terrorism, and incidents that target
passenger-screening checkpoints. The Committee believes that
the Assistant Secretary's consultation with Federal agencies
should include the Federal Emergency Management Agency.
The airport working plans can include, but are not limited
to: (1) a strategy for evacuating and providing care to persons
inside the airport with consideration given to the needs of
persons with disabilities; (2) a plan for establishing a
unified command post during an incident; (3) a specified
schedule for testing of communications equipment; (4) an
evaluation of how emergency calls placed inside the airport
will reach airport police in an expeditious manner; (5) a
method and plan to communicate with travelers inside the
airport; (6) to the extent practicable, a projected maximum
timeframe for law enforcement response to active shooters, acts
of terrorism, and incidents that target security-screening
checkpoints (as amended); (7) a schedule of joint exercises and
training to be conducted by the airport, the TSA, and other
stakeholders; (8) a schedule for producing after-action joint
exercise reports to identify and determine how to improve
security incident response capabilities, and as amended, (9) a
strategy, where feasible, for providing airport law enforcement
with access to airport security video surveillance systems at
category X airports where those systems were purchased and
installed using Administration funds.
This section also would require the Assistant Secretary to
submit a report to the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on findings from its
outreach to airports, including an analysis of the level of
preparedness such airports have to respond to security
incidents.
This section also would allow and encourage 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, rather; this bill is intended to ensure that airports
have security incident plans in place and encourage the
incorporation of more robust or tailored procedures into
existing plans, should there be a need to do so.
Section 4. Disseminating information on best practices.
This section would require the Assistant Secretary to
identify best practices and establish a mechanism for sharing
of best practices for security incident planning, management,
and training at airports.
Section 5. Certification.
This section would require the Assistant Secretary to
certify annually 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.
Section 6. Reimbursable agreements.
This section would require the Assistant Secretary to
report 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 TSA can use
cost savings achieved through efficiencies to increase, over
the next five fiscal years, the funding available for law
enforcement support at screening checkpoints under reimbursable
agreements.
Section 7. Security incident response for surface transportation
systems.
As amended, this section would require the Assistant
Secretary, in consultation with the Secretary of Transportation
and other relevant agencies, to: (1) conduct outreach to all
passenger transportation agencies and providers with high-risk
facilities; and (2) verify such agencies and providers have in
place plans to respond to active shooters, acts of terrorism,
or other security-related incidents that target passengers.
The plans may include, but are not limited to: (1) a
strategy for evacuating and providing care to individuals with
consideration given to the needs of persons with disabilities;
(2) a plan for establishing a unified command; (3) a plan for
frontline employees to receive active shooter training; (4) a
schedule for regular testing of communications equipment used
to receive emergency calls; (5) an evaluation of how emergency
calls placed by individuals using the transportation system
will reach police in an expeditious manner; and (6) a practiced
method and plan to communicate with individuals using the
transportation system. This section also would require the
Assistant Secretary to submit a report to the Committee on
Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on findings from its outreach to agencies and providers,
including an analysis of the level of preparedness such
transportation systems have to respond to security incidents.
Section 8. No additional authorization of appropriations.
This section would make clear that no additional funds are
authorized to be appropriated to carry out the Act, and that
this Act must be carried out using appropriations otherwise
made available for the purpose of aviation security.
Section 9. Interoperability review.
This section would require the Assistant Secretary to
conduct a review of the interoperable communications
capabilities of the law enforcement, fire, and medical
personnel responsible for responding to security incidents,
including active shooter events, acts of terrorism, and
incidents that target passenger-screening checkpoints, at all
U.S. airports at which the TSA performs, or oversees the
implementation and performance of, security measures. This
section also would require 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.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.
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