[Congressional Record Volume 161, Number 22 (Tuesday, February 10, 2015)]
[House]
[Pages H894-H897]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GERARDO HERNANDEZ AIRPORT SECURITY ACT OF 2015
Mr. KATKO. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 720) to improve intergovernmental planning for and communication
during security incidents at domestic airports, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 720
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 2015''.
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.
[[Page H895]]
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 New
York (Mr. Katko) and the gentlewoman from New York (Miss Rice) each
will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. KATKO. 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 New York?
There was no objection.
Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 720, the Gerardo Hernandez
Airport Security Act of 2015.
H.R. 720 is a bipartisan measure I introduced to enhance preparedness
at our Nation's airports for responding to active shooters and other
security incidents.
The legislation was championed last Congress by my predecessor, the
former chairman of the Transportation Security Subcommittee, Mr.
Hudson, in response to the tragic shooting at Los Angeles International
Airport in November of 2013.
The shooting at LAX took the life of Transportation Security Officer
Hernandez and wounded two other TSA officers and one passenger. The
event highlighted vulnerabilities in airport preparedness, including in
the areas of incident command, communication with travelers,
communication between TSA and law enforcement, and evacuation measures.
H.R. 720 would apply lessons learned and help close gaps in
preparedness at other U.S. airports around the country.
Mr. Speaker, the time to act is now. Everyone within the airport
community--from law enforcement and emergency medical personnel, to
airport and airline personnel, to TSA officials and the traveling
public--must know how to respond to an active shooter or other threat
inside the airport.
If not, we risk repeating the communication and coordination
challenges among responding agencies that were well documented in the
aftermath of the LAX shooting. There is no excuse for such inaction.
Many airports have taken their own steps following the shooting to
strengthen preparedness and response plans, and they should be
applauded for that.
H.R. 720 would require TSA to verify that airports maintain plans for
evacuating travelers, conducting joint exercises within the airport
community, establishing unified command posts during security
incidents, and testing radio equipment.
The bill would also make TSA a clearinghouse for security incident
response and communications best practices--a key recommendation from
the airport community--as well as require the agency to certify to
Congress that all screening personnel have participated in active
shooter training.
H.R. 720 explicitly does not authorize any new spending to implement
these commonsense measures. TSA continues to achieve millions of
dollars in cost savings with risk-based programs such as TSA Precheck,
and I believe the agency must continually prioritize its resources to
address real threats to the traveling public.
This bipartisan bill was developed with public and private sector
input following multiple subcommittee hearings, site visits, meetings,
and afteraction reviews conducted by both the TSA and Los Angeles World
Airports.
Mr. Speaker, I would like to thank Chairman McCaul, Ranking Member
Thompson, Ranking Member Rice, Congressman Hudson, and other bipartisan
cosponsors of the bill for joining me in introducing this legislation
and for their strong support in getting this legislation to the floor
today.
I urge my colleagues to support the bill, and I reserve the balance
of my time.
Miss RICE of New York. Mr. Speaker, I rise in strong support of H.R.
720, the Gerardo Hernandez Airport Security Act of 2015, and yield
myself such time as I may consume.
Mr. Speaker, the bill before us today is named in honor of Officer
Gerardo Hernandez, a Transportation Security Administration officer who
was tragically shot and killed in the line of duty on November 1, 2013,
at Los Angeles International Airport.
Officer Hernandez was the first TSA employee ever to be killed in the
line
[[Page H896]]
of duty, and this bill that bears his name seeks to better prepare our
Nation's airports to respond to such security incidents in hopes that
we can prevent another TSA officer, airport employee, or passenger from
suffering the same fate.
That morning in November 2013, a man entered LAX with a semiautomatic
rifle, a bagful of ammunition, and the intent to target TSA officers.
After killing Officer Hernandez at the TSA checkpoint, the man
proceeded into the secure area of the terminal where he shot and
wounded two more TSA officers and a civilian.
Those two TSA officers heroically continued to help passengers escape
to safety while the shooter made it as far as the food court at the end
of the terminal before he was shot and wounded by LAX police officers.
The men and women of the Los Angeles World Airports Police Department
and all emergency responders who arrived on the scene that morning
acted bravely and swiftly prevented further loss of life despite
tremendous communications challenges.
It is with those men and women and all emergency responders in mind
that I rise to support this bill because this incident exposed serious
deficiencies in planning, preparedness, and communication that must be
corrected for the safety of emergency responders and all who use and
work in our airports.
Mr. Speaker, H.R. 720 would implement commonsense security measures
to ensure that our Nation's airports have in place individualized
strategies for responding to a security incident such as an active
shooter scenario or an act of terrorism.
This bill also specifically requires TSA to provide information to
airports on best practices for responding to a security incident at
checkpoints; provide Transportation Security officers with 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.
These requirements are informed by postincident reviews conducted by
TSA and LAX, as well as hearings and oversight work conducted by the
Committee on Homeland Security Subcommittee on Transportation Security.
Mr. Speaker, prior to my time here in Congress, I understand that the
Subcommittee on Transportation Security also visited 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 can be improved going forward.
I hope that we can continue that productive dialogue with LAX and our
other airports and work together to better prepare for such violence in
the airport environment.
We will never forget what happened at LAX on November 1, 2013, nor
can we afford to forget the lessons to be learned from that tragic day.
The threats to our Nation's airports are ceaseless and constantly
evolving. There could be another attack on any given day at any given
airport. We must assume that it will happen. We must be more prepared.
We must do better. We owe it to Officer Hernandez and his family.
That is why I rise today in support of H.R. 720, and I urge all of my
colleagues to pass this important bill.
With that, Mr. Speaker, I reserve the balance of my time.
Mr. KATKO. Mr. Speaker, I reserve the balance of my time and look
forward to the comments from the gentlewoman from California (Ms.
Waters).
Miss RICE of New York. Mr. Speaker, I yield 3 minutes to the
gentlewoman from California (Ms. Waters), the ranking member on the
U.S. House Committee on Financial Services whose district encompasses
Los Angeles International Airport.
Ms. MAXINE WATERS of California. I thank the gentlewoman for the
time.
Mr. Speaker, I rise to support H.R. 720, the Gerardo Hernandez
Airport Security Act of 2015. I would like to thank Congressman John
Katko, the chairman of the Subcommittee on Transportation Security of
the House Committee on Homeland Security, for reintroducing this bill.
I was proud to join him as an original cosponsor.
I would like to thank Homeland Security Chairman Michael McCaul,
Ranking Member Bennie Thompson, and our Subcommittee Ranking Member
Kathleen Rice for supporting this bill and bringing it to the floor for
a vote.
Mr. Speaker, this bipartisan bill was originally introduced last year
in response to the horrific November 1, 2013, shooting incident at Los
Angeles International Airport in my congressional district.
This bill is named in honor of Gerardo Hernandez, the Transportation
Security officer 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 TSOs, police officers,
and other first responders who risked their lives to stabilize the
situation and protect the public during that terrible incident.
Following the LAX shooting incident, Congress conducted several
hearings on the incident, including a field hearing in my district on
March 28, 2014. These hearings revealed serious security lapses which
interfered with response efforts, such as 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 Gerardo 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.
{time} 1730
It is imperative that major airports like LAX have state-of-the-art
emergency response systems. The safety and security of our Nation's
airports, and of all of the workers and travelers who pass through
them, is of paramount importance. I urge my colleagues to support this
bill and send it to the President's desk.
Miss RICE of New York. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, in closing, I would like to thank Subcommittee Chairman
Katko for the bipartisan, inclusive, and constructive way in which he
has conducted the subcommittee's response to this incident. I am proud
to join Ranking Member Thompson and Chairman McCaul as an original
cosponsor of H.R. 720. This is bipartisan legislation that was
unanimously passed by the House last Congress, and I urge my colleagues
to do the same with this bill.
I strongly believe that with our votes today, we will not only honor
the life of Officer Hernandez, we have the opportunity to save lives,
be they transportation security officers, airport workers, or members
of the flying public. At the end of the day, saving those lives is the
best way we can honor Officer Hernandez and his family. I once again
urge my colleagues to pass this bill.
I yield back the balance of my time.
Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the tragic event that unfolded at LAX in November of
2013 was a stark reminder that much remains to be done in securing
America's transit hubs, particularly the nonsterile or nonsecure side
of airports that are in many ways just like open shopping malls.
Given this reality, we must ensure that airport communities are
prepared to respond swiftly to any major security incidents that
threaten the safety of the traveling public. In remembrance of
Transportation Security Officer Hernandez, I urge my colleagues to pass
this important legislation.
I yield back the balance of my time.
Mr. McCAUL. Mr. Speaker, as Chairman of the Committee on Homeland
Security, I am proud to be an original cosponsor of H.R. 720, the
Gerardo Hernandez Airport Security Act of 2015. This bipartisan
legislation will help airports nationwide improve their emergency
response plans, in order to be better prepared for security incidents
like the tragic shooting that occurred at Los Angeles International
Airport on November 1, 2013. This legislation will enhance airport
security by requiring the Transportation Security Administration to
assess security incident preparedness at airports across the country,
train its own employees on
[[Page H897]]
how to effectively respond to active shooter incidents, develop plans
for testing emergency communications equipment, and act as a
clearinghouse for airport security best-practices.
I had the opportunity to travel to LAX nearly a year ago for a site
visit and field hearing led by the gentleman from North Carolina, Mr.
Hudson. During that trip, the Committee gained a better understanding
of how relatively easy it is for someone with malicious intent to wreak
havoc at one of the world's busiest airports and how important it is to
have adequate emergency plans in place to respond to any security
incident that may occur.
I would like to commend the Chairman of the Subcommittee on
Transportation Security, Mr. Katko and the former Chairman of the
Subcommittee, Mr. Hudson for their diligent efforts to address this
important issue, and their 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, Miss Rice, whose support of
this legislation is greatly appreciated. Identical language to H.R. 720
was approved by the Committee on Homeland Security last Congress and
subsequently passed the House by voice vote.
I urge support for this critical measure.
Mr. THOMPSON of Mississippi. Mr. Speaker, I rise in support of H.R.
720, a bill I am pleased to be a cosponsor of.
The shooting at LAX resulted in the loss of Officer Hernandez's life
and served as a stark reminder of the dangers 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 serve them have the resources, training, and
plans in place to ensure a swift and effective response when an
incident that threatens the safety of Transportation Security Officers
occurs.
In March of 2014, I had the opportunity to attend the Subcommittee on
Transportation Security's site visit and field hearing at Los Angeles
International Airport focused on the tragic shooting that occurred
there on November 1st of 2013.
While the response of the individual police officers who prevented
further loss of life on that tragic day is to be commended, 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,
and the 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 the deficiencies identified following the shooting.
During Committee consideration of the bill last Congress,
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 still included in
the bill before the House today.
Such an assessment will help inform where communications gaps that
may hamper emergency response at airports still exist.
I would like to once again give my condolences for Officer Hernandez.
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,
such as the Hernandez family, are not entitled to funds from the Public
Safety Officer's Benefits Program.
Last Congress, Representative Brownley introduced legislation that
would grant Transportation Security Officers the benefits of other law
enforcement officers that are killed in the line of duty.
It is my understanding that Representative Brownley intends to
reintroduce the ``Honoring Our Fallen TSA Officers Act'' this Congress.
I implore my colleagues to support the forthcoming legislation so
that the families of the men and women on the front lines of protecting
our aviation sector are properly compensated when tragedy strikes.
Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H. R. 720,
The Gerardo Hernandez Airport Security Act of 2015, which improves
intergovernmental planning and communication during security incidents
at domestic airports.
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 on November 1, 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.
Seven victims were treated at the scene of the attack and three
victims who were wounded by gunfire, including two TSA officers,
identified as 54-year-old James Speer and 36-year-old Tony Grigsby
needed hospital treatment.
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. 720 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. 720 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 14 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.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Katko) that the House suspend the rules
and pass the bill, H.R. 720.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. KATKO. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________