[Congressional Record Volume 160, Number 115 (Tuesday, July 22, 2014)]
[House]
[Pages H6606-H6609]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GERARDO HERNANDEZ AIRPORT SECURITY ACT OF 2014
Mr. HUDSON. Mr. Speaker, I move to suspend the rules and pass the
bill
[[Page H6607]]
(H.R. 4802) to improve intergovernmental planning for and communication
during security incidents at domestic airports, and for other purposes,
as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4802
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 ``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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
North Carolina (Mr. Hudson) and the gentleman from Louisiana (Mr.
Richmond) each will control 20 minutes.
The Chair recognizes the gentleman from North Carolina.
General Leave
Mr. HUDSON. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
and include any extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from North Carolina?
There was no objection.
Mr. HUDSON. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, I rise in strong support of H.R. 4802, the Gerardo
Hernandez Airport Security Act of 2014. As chairman of the Committee on
Homeland Security's Subcommittee on Transportation Security, I
introduced this bipartisan bill to improve the state of preparedness at
our Nation's airports in response to the shooting that occurred at Los
Angeles International Airport in November of last year.
The shooting that occurred at LAX, which took the life of
Transportation Security Officer Gerardo Hernandez and wounded three
other people, served as a tragic wake-up call to the relative ease with
which someone can wreak havoc in one of our Nation's busiest airports.
In March of this year, the Subcommittee on Transportation Security
conducted a site visit and field hearing at LAX to examine the response
to the incident and better understand the actions that have been taken
to improve incident response in the wake of this tragedy. Subsequently,
my subcommittee held a followup hearing to receive testimony from
additional representatives of the law enforcement and airport
communities on security incident response.
Over the course of these activities, through this process, the
subcommittee found that while the Federal, State, and local response to
the LAX shooting was heroic and swiftly executed, there is room for
improvement in how airport operators, TSA, and other stakeholders
coordinate the response and communicate in the crucial moments after a
major security incident like this.
Based on months of careful review and stakeholder input by the
subcommittee, as well as detailed after-action reports by the Los
Angeles World Airports and TSA, H.R. 4802 would require the
Transportation Security Administration to provide assistance to all
airports where TSA performs or oversees screening to verify that each
airport has detailed, practiced plans for responding to security
incidents. This includes plans for evacuating travelers, establishing
unified command, testing radio equipment, and conducting joint
exercises among responding agencies.
This legislation would also make TSA a clearinghouse for security
incident response and communications best practices, which was a key
recommendation from testimony the subcommittee received in May. In
addition, the bill would require TSA to certify to Congress that all
screening personnel have participated in an active shooter training,
which is a requirement TSA appropriately instituted on its own
following the LAX shooting.
The bill will also require TSA to assess whether interoperable
communications capabilities exist among responding agencies at airports
where TSA performs or oversees screening. We know interoperability is
an ongoing challenge among many first responders, despite billions
being spent to achieve better communications since 9/11, but, at this
point, no one has done an overall assessment to determine what
weaknesses exist in terms of communications at our Nation's airports.
Finally, the bill requires TSA to examine how it can increase its
reimbursement of law enforcement officers who protect the screening
checkpoints.
[[Page H6608]]
These men and women are the front line of defense in protecting the
traveling public. While TSA's funding for law enforcement reimbursement
has decreased in recent years, the critical role these officers play at
our airport checkpoints has never been more important.
This bill is a necessary step towards countering the threats facing
our Nation's airports, without placing an undue burden on airport
operators, law enforcement, or the taxpayers. In fact, according to
TSA, the cost of providing assistance to airports will be incidental
and would not require additional appropriations. This bill,
nonetheless, makes it clear to TSA that no new funding is being
authorized to carry out any of the provisions of this bill and that
existing appropriations should be used to carry out this act.
I want to thank the chairman of the full committee, Mr. Mike McCaul,
for his support of this bill and for moving it through the full
committee, as well as the ranking member of the full committee, Mr.
Thompson, and the ranking member of the subcommittee, Mr. Richmond, for
cosponsoring this legislation and for working with us to produce this
important legislation.
Mr. Speaker, I urge my colleagues to support this commonsense bill,
and I reserve the balance of my time.
Mr. RICHMOND. Mr. Speaker, I rise in support of H.R. 4802, and I
yield myself as much time as I may consume.
Mr. Speaker, on November 1, 2013, an armed gunman entered Los Angeles
International Airport with the intent to target and kill transportation
security officers.
Tragically, on that day, Officer Hernandez, for whom the bill before
us is named, became the first TSA employee to die in the line of duty.
After shooting Officer Hernandez, the gunman proceeded past the
checkpoint and entered the terminal where he shot and wounded two other
transportation security officers and one passenger. The two TSA
employees who were shot and wounded selflessly remained at the
checkpoint after the shooting began, helping passengers escape to
safety.
Despite communications challenges, the men and women of the Los
Angeles World Airports' Police Department responded to the incident
swiftly, taking the shooter down, and preventing the loss of more
innocent lives.
Through our committee's oversight work, we have identified some
commonsense steps that could be taken to mitigate any similar incident
in the future.
H.R. 4802 embodies these commonsense steps. The bill does so by
requiring airports to have plans in place for responding to active
shooter scenarios and TSA to: provide information to airports on best
practices for responding to a security incident at checkpoints, provide
transportation security officers practical training for responding to
active shooter scenarios, and conduct a nationwide assessment of the
interoperable communications capabilities of the law enforcement, fire,
and medical personnel responsible for responding to an active shooter
event at an airport.
The requirements contained in H.R. 4802 were informed by post-
incident reviews of the LAX shooting conducted by TSA and the airport
itself, along with the oversight work of the Committee on Homeland
Security's Subcommittee on Transportation Security.
In March, the Subcommittee on Transportation Security held a site
visit and field hearing at LAX to see firsthand how the tragedy
unfolded and hear from TSA, airport officials, and the American
Federation of Government Employees about how the response to a
similar incident could be improved going forward.
In May, the subcommittee held a followup hearing on the shooting here
in Washington and heard from a diverse array of airport operators and
law enforcement to inform us of how a nationwide template for
preparedness and response at airports could be most effectively
crafted.
I am proud of the product before the House today. It is the result of
intense review of the tragic LAX shooting and, if enacted, would result
in airports across the Nation being more prepared to respond to a
similar incident in the future.
Mr. Speaker, in closing, I would like to commend Subcommittee
Chairman Hudson for the bipartisan and inclusive manner in which he has
led the Subcommittee on Transportation Security's oversight and
legislative efforts in response to the shooting at LAX.
I was pleased to join Ranking Member Thompson and Chairman McCaul as
a cosponsor of H.R. 4802. I would also like to acknowledge
Congresswoman Maxine Waters, whose district LAX is in, and Ms. Brownley
of California, who were both at the subcommittee hearing in California
to provide oversight and give their input as to how we can prevent
these incidents from happening and give support, of course, to Mr.
Hudson.
With that, Mr. Speaker, I would urge all of my colleagues to support
this very important bill, and I yield back the balance of my time.
Mr. HUDSON. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, I thank the ranking member, Mr. Richmond, for his kind
comments and for the great working relationship we enjoy on this
committee. It is a privilege to work with him.
Mr. Speaker, with the threats to our Nation's transportation system
constantly evolving, we must work to ensure that airport security is
prepared to respond effectively and efficiently to a variety of
security threats. The shooting at LAX was a tragedy that will not soon
be forgotten by those of us who are committed to enhancing security at
our Nation's airports and protecting the traveling public. This bill
will provide for more extensive collaboration and coordination between
airports, law enforcement, first responders, and TSA, which will result
in safer airports across the country.
Mr. Speaker, I urge my colleagues to honor the memory of
Transportation Security Officer Hernandez and support this important,
bipartisan legislation.
I yield back the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I rise in strong support of
H.R. 4802, a bill I am pleased to cosponsor.
The shooting at LAX last November not only took the life of Officer
Hernandez but also served as a stark reminder of the dangers that the
men and women on the front lines of securing our aviation sector face.
Unarmed and exposed, Transportation Security Officers perform the
often thankless task of screening 1.8 million passengers per day.
They do so with limited workplace protections and the great
responsibility of preventing another terrorist attack on the scale of
9/11.
Given their vulnerability and the critical role they play in
protecting our homeland, it is essential that airports and the law
enforcement agencies that protect them have the resources, training,
and plans in place to ensure a swift and effective response to a
security incident.
In March, as the Ranking Member of the Committee on Homeland
Security, I had the opportunity to participate in a site visit and
field hearing at Los Angeles International Airport that focused on the
tragic November 1, 2013 shooting.
We learned that while the response of the individual police officers
was heroic, the overall response at LAX left much to be desired.
Panic buttons at the checkpoint were not in working order.
The emergency phone Transportation Security Officers have been
trained to use did not display the location of the incident to the
command center.
Police, firefighters, and emergency medical personnel responding
could not communicate via interoperable radios.
The bill before us today represents a bipartisan effort to remedy
many of these issues.
Additionally, during Committee consideration of the bill last month,
Representative Payne offered an amendment to the bill requiring TSA to
conduct a nationwide assessment of the interoperability capabilities of
emergency responders at airports.
I am pleased that the amendment was adopted and is included in the
bill before the House today.
Such an assessment will help inform future efforts to address
communications gaps at airports.
Before yielding back, I am compelled to point out that it has been
over eight months since Officer Hernandez was shot and killed, leaving
his wife without a husband and his children without a father.
Members on both sides of the aisle have expressed their condolences
to the Hernandez family for their loss.
Indeed, we did so in person during our visit to LAX in March.
What we have not done, however, is provided the Hernandez family with
all the potential benefits due when an officer dies in the line of
duty.
[[Page H6609]]
Under current law, the families of individuals serving a public
agency in an official capacity as a law enforcement officer,
firefighter, or chaplain receive compensation if their loved one is
killed in the line of duty.
The same is true for families of employees of the Federal Emergency
Management Agency and members of rescue squads or ambulance crews.
Unfortunately, the law has not been updated to include Transportation
Security Officers within the definition of what constitutes a public
safety officer.
As a result, the families of TSOs who are killed in the line of duty
are not eligible for funds from the Public Safety Officer's Benefits
Program.
While I am pleased the Appropriations Committee has included language
in its Homeland Security bill addressing this issue for the Hernandez
family, I would note that the legislation has not come to the House
floor.
There is another, more direct effort underway. H.R. 4026, a bill
introduced by Representative Brownley of California, would address this
issue directly by designating Officer Hernandez, and his fellow
Transportation Security Officers as public safety officers.
That bill, which was referred to the Committee on the Judiciary, has
thirty-seven cosponsors.
Unfortunately, not a single Republican has signed on to support the
measure.
I implore my colleagues to support that legislation so that the
families of the men and women on the front lines of protecting our
aviation sector are properly compensated should tragedy strike.
With that Mr. Speaker, I urge support for H.R. 4802.
Mr. McCAUL. Mr. Speaker, I rise in support of H.R. 4802, the Gerardo
Hernandez Airport Security Act of 2014. As Chairman of the Committee on
Homeland Security, I am proud to be a cosponsor of this important
legislation, which builds on some of the most important lessons from
the tragic shooting at LAX last November, by helping airports
nationwide learn from what happened and make improvements to their own
security and emergency response plans.
Having traveled to LAX in March for the site visit and field hearing
held by my good friend from North Carolina, Mr. Hudson, and having had
the opportunity to meet with the widow of Officer Hernandez during that
trip, I strongly believe we owe it to the traveling public, emergency
first responders, law enforcement, and our TSA screening personnel to
ensure that the airport environment is as secure as possible and is
adequately prepared to respond to security incidents within the airport
perimeter.
I would like to commend the Chairman of the Subcommittee on
Transportation Security, Mr. Hudson, for his diligent efforts to
address this important issue, and his dedication to strengthening the
state of airport security nationwide. I also wish to commend the
bipartisan efforts of both the Ranking Member of the Full Committee,
Mr. Thompson, and the Ranking Member of the Subcommittee, Mr. Richmond,
whose support of this legislation is greatly appreciated. I also
commend the hard work done by TSA Administrator Pistole to learn from
the shooting, honor the victims, and engage with the TSA workforce and
airport community to ensure we are constantly improving our ability to
respond to these types of tragic events.
Ms. WATERS. Mr. Speaker, I thank the gentleman for the time. I would
also like to thank Homeland Security Committee Chairman Michael McCaul,
Ranking Member Bennie Thompson, Transportation Security Subcommittee
Chairman Richard Hudson, and Ranking Member Cedric Richmond for
introducing this bill and bringing it to the floor.
I rise to support the passage of H.R. 4802, the Hernandez Airport
Security Act.
This bipartisan bill was introduced in response to last year's
horrific November 1st shooting incident at Los Angeles International
Airport (LAX) in my congressional district. The bill was named in honor
of Gerardo Hernandez, the Transportation Security Officer (TSO) who was
killed in the line of duty on that tragic day. As we debate this bill,
we offer our deepest condolences to the family of Gerardo Hernandez,
and we honor all of the TSO's, police officers, and other first
responders who risked their lives to stabilize the situation and
protect the public during that terrible incident.
Following the shooting, Congress conducted several congressional
hearings, including a field hearing in my district on March 28, 2014.
These hearings revealed serious security lapses at LAX, which
interfered with incident response efforts. For example, there were
emergency phones and panic buttons that did not work properly, problems
in coordination between various police and fire departments, and
incompatible radio systems. These security failures are unacceptable.
The Hernandez Airport Security Act requires the Department of
Homeland Security to conduct outreach to airports to verify that they
have working plans to respond to security incidents, including active
shooter incidents, acts of terrorism, and incidents that target
passenger-screening checkpoints like the one where Officer Hernandez
was killed.
It is imperative that major airports like LAX have a state-of-the-art
emergency response system. The safety and security of our nation's
airports and all of the workers and travelers who pass though them is
of paramount importance.
I urge my colleagues to support this bill and send it to the
President's desk.
Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H. R. 4802,
The Gerardo Hernandez Airport Security Act of 2014, which improves
intergovernmental planning and communication during security incidents
at domestic airport.
As a former chair and ranking member of the Homeland Security
Committee Transportation Security Subcommittee, I understand how
important this bill will be in enhancing safety and protection in the
air transit industry, not just for our citizens but for our
Transportation Security Officers working in the line of duty.
This legislation, which requires the Transportation Security
Administration (TSA) to devote more resources for planning and
communication during and in case of threats or emergencies, is prompted
by the tragic death of Gerardo I. Hernandez, a Transportation Security
Officer who was killed in the line of duty at Los Angeles International
Airport in November of 2013.
At just 39 years old, Gerardo Hernandez was the first TSA officer to
lose his life in the line of duty in the 12 year history of the agency.
He died from several gunshot wounds inflicted by an assailant while
on duty at the Los Angeles International Airport
Gerardo Hernandez was among those thousands of TSA employs carrying
out their mission to keep the airways safe for traveling citizens, and
their work across the nation cannot be understated.
On average, TSA officers screen 1.7 million air passengers at more
than 450 airports across the nation, which averaged over 637.5 million
passengers in 2012.
H.R. 4802 will help ensure that all screening personnel have received
training in how to handle potential shooting threats.
The bill also requires TSA to verify that all airports have plans in
place to respond to any security threats, and provide technical
assistance as necessary to improve those plans.
The bill also directs the Department of Homeland Security's (DHS)
Office of Cybersecurity and Communication to report to Congress the
capacity of law enforcement, fire, and medical response teams'
communication and response to security threats at airports.
The Congressional Budget Office (CBO) estimates the implementation of
H.R. 4802 would cost about $2.5 million in 2015. Of the $2.5 million,
an estimated $1.5 million would serve to provide additional technical
assistance to airports, and the remaining $1 million would be used to
evaluate the interoperability of communication systems used by
emergency response teams.
Mr. Speaker, it has been almost 13 years since our country suffered
the tragedy of the 9/11 terrorist attacks.
We will never forget how that day changed our lives, and the lives of
every American generation to follow.
Security measures in airports across the country have been enhanced
dramatically, and the resulting inconvenience is a small price to pay
for the protective measures needed to keep the travelling public safe.
It is people like Gerardo Hernandez who do their best to make the
necessary screening as least intrusive and burdensome as possible,
consistent with the mission of ensuring the security of all members of
the flying public.
TSA officers willingly risk their lives to make sure the job gets
done, and for that we owe these men and women a debt of gratitude.
In honor of Gerardo Hernandez's contribution to his country, I
strongly support this bill and urge all my colleagues to join me in
voting for its passage.
{time} 1630
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from North Carolina (Mr. Hudson) that the House suspend the
rules and pass the bill, H.R. 4802, 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.
____________________