[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.

                                  
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