[Congressional Record Volume 161, Number 133 (Wednesday, September 16, 2015)]
[House]
[Pages H5990-H5993]
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 concur in the 
Senate amendment to 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 Senate amendment is as follows:
  Senate amendment:

       Strike out all after the enacting clause and insert:

     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.

     SEC. 3. SECURITY INCIDENT RESPONSE AT AIRPORTS.

       (a) In General.--The Assistant Secretary shall, in 
     consultation with other Federal agencies as appropriate, 
     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 to active shooters, 
     acts of terrorism, and incidents that target passenger 
     security-screening checkpoints.
       (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.
       (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.
       (c) Report to Congress.--Not later than 180 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. SECURITY INCIDENT RESPONSE FOR SURFACE TRANSPORTATION 
                   SYSTEMS.

       (a) In General.--The Assistant Secretary shall, in 
     consultation with the Secretary of Transportation, and other 
     relevant agencies, conduct outreach to all passenger 
     transportation agencies and providers with high-risk 
     facilities, as identified by the Assistant Secretary, to 
     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.
       (b) Types of Plans.--As applicable, such plans may include, 
     but may not be limited to, the following:
       (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.

[[Page H5991]]

       (6) A practiced method and plan to communicate with 
     individuals using the transportation system.
       (c) Report to Congress.--Not later than 180 days after the 
     date of 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 the agencies and providers under subsection (a), 
     including an analysis of the level of preparedness such 
     transportation systems have to respond to security incidents.
       (d) Dissemination of Best Practices.--The Assistant 
     Secretary shall identify best practices for security incident 
     planning, management, and training and establish a mechanism 
     through which to share such practices with passenger 
     transportation agencies nationwide.

     SEC. 8. 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. 9. 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 gentleman from Mississippi (Mr. Thompson) 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.
  I rise today, Mr. Speaker, in strong support of H.R. 720, the Gerardo 
Hernandez Airport Security Act of 2015.
  This critically important piece of legislation is the product of a 
strong bipartisan effort stemming from the fatal shooting at Los 
Angeles International Airport on November 1, 2013. On that tragic day, 
TSA Officer Gerardo Hernandez was shot and killed by an active shooter, 
becoming the first Transportation Security Administration employee to 
be killed in the line of duty. Two other Transportation Security 
Administration officers and a passenger were also injured during the 
attack.
  In the wake of that attack, Congressman Richard Hudson, who was then 
serving as the chairman of the Committee on Homeland Security's 
Subcommittee on Transportation Security, spearheaded a bipartisan 
effort to investigate the vulnerabilities highlighted by the attack and 
enhance the state of airport security across the United States.
  One of my first acts as chairman of the subcommittee in the 114th 
Congress was to work with Mr. Hudson and reintroduce this important 
legislation, and I am pleased to see it through to final passage today.
  This bill builds on important steps taken by TSA and airports across 
the country and was developed with input from both public and private 
sector partners. The legislation makes important strides in enhancing 
the level of preparedness of our Nation's transportation systems in 
responding and mitigating security incidents, such as active shooters 
and terror attacks.
  For example, it requires TSA to verify that airports and high-risk 
surface transportation hubs have plans in place to effectively train 
for and respond to security incidents when they occur.

                              {time}  1515

  Further, it will ensure that emergency communications equipment is 
regularly tested and that emergency first responders are able to 
communicate with each other and the public during a major security 
incident. The legislation also directs TSA to seek ways in which 
funding for reimbursable agreements to airport law enforcement can be 
increased in order to provide better support to the critical layer of 
security they provide.
  Developing this preparedness will go a long way in improving the 
response to threats to public safety and will work to overcome the 
challenges experienced by law enforcement, emergency first responders, 
TSA, and the public during the LAX shooting.
  Just last week, the need for efficient and effective communications 
was highlighted during a stabbing and shooting incident at Union 
Station here in Washington, D.C., in which law enforcement from 
multiple agencies responded to mitigate the situation.
  We must ensure that our frontline employees and first responders are 
equipped with the necessary tools and training to respond to these 
types of incidents in order to protect both themselves and the general 
public.
  I wish to extend a sincere thanks to Congressman Hudson for his work 
on this legislation as well as to the chairman of the full committee, 
Mr. McCaul of Texas, for his support. Additionally, I would like to 
thank Ranking Member Thompson, Ranking Member Rice, and the other 
bipartisan cosponsors for their work in getting this legislation to the 
finish line. I would also like to extend gratitude to our colleagues in 
the Senate, especially Chairman Thune and Ranking Member Nelson, for 
further refining the legislation and moving it through the Senate.
  I urge all my colleagues to support the bill.
  I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume.
  I rise in strong support of the Senate amendment to H.R. 720, the 
Gerardo Hernandez Airport Security Act of 2015, a bill that I am 
pleased to cosponsor.
  The November 2013 shooting at the Los Angeles International Airport 
resulted in the death of Transportation Security Officer Gerardo 
Hernandez. This terrible incident brought into focus the heroism of 
those who serve on the front lines of aviation security--Transportation 
Security officers. Unarmed and exposed, Transportation Security 
officers perform the often thankless task of screening 1.8 million 
passengers per day, even though they have limited workplace protections 
and are charged with great responsibility.
  In March of 2014, I traveled with my committee's Subcommittee on 
Transportation Security to conduct a site visit and oversight hearing 
at Los Angeles International Airport to explore what lessons could be 
learned from the tragic events of the shooting. Through this valuable 
oversight work, we learned that there was much to be done to address 
gaps and vulnerabilities within airports. We found that vital 
equipment, such as panic buttons at the checkpoints, were not in 
working order. We also found that there were other factors that could 
be bolstered to aid during active shooter situations, such as 
interoperable communications, so that every emergency responder would 
have access to realtime information.
  The legislation under consideration today is the product of a 
bipartisan effort to remedy many of the deficiencies identified 
following the shooting.
  Before yielding back, I would like to once again give my condolences 
to the family of Officer Hernandez and to remind Members that, under 
current law, TSO's families do not receive death benefits.
  Currently, Transportation Security officers do not meet the 
definition for a public safety officer; and 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 Officers' 
Benefits Programs.
  Last Congress, the gentlewoman from California (Ms. Brownley) 
introduced legislation that would grant Transportation Security 
officers the benefits of other law enforcement officers that are killed 
in the line of duty; and she plans to reintroduce that legislation, the 
Honoring Our Fallen TSA Officers Act, today.
  I hope my colleagues will join me in supporting this forthcoming 
legislation

[[Page H5992]]

so that the families of the men and women on the front lines of 
protecting our aviation sector are properly compensated if tragedy 
strikes. Mr. Speaker, I urge support for the Senate amendment to H.R. 
720.
  I reserve the balance of my time.
  Mr. KATKO. Mr. Speaker, I yield such time as he may consume to the 
distinguished gentleman from North Carolina (Mr. Hudson).
  Mr. HUDSON. Mr. Speaker, I rise in strong support of H.R. 720, the 
Gerardo Hernandez Airport Security Act of 2015.
  As the former chairman of the Committee on Homeland Security's 
Subcommittee on Transportation Security, I introduced this bipartisan 
bill in the 113th Congress to improve the state of preparedness at our 
Nation's airports in response to the shooting at Los Angeles 
International Airport in November of 2013.
  I would like to thank Ranking Member Thompson for working with me in 
a bipartisan way. We traveled together for the field hearing and toured 
the site. And I think the work that he does in a bipartisan way on this 
committee is a true testament to what the American people expect us to 
do here, which is to work together and put the people's business first. 
It was a pleasure working with the ranking member.
  I also want to thank Chairman McCaul for his strong leadership of 
this committee. He also worked very closely with me on this legislation 
and traveled with us that day to Los Angeles. So without his support, 
this would not have been possible.
  That event, which tragically took the life of Transportation Security 
Officer Gerardo Hernandez and wounded three other people, served as an 
unfortunate wake-up call to the gaps in our security and the relative 
ease to which someone could wreak havoc on one of our Nation's 
airports.
  After months and months of careful review and hard work, including 
the site visit I mentioned to LAX, the subcommittee found that while 
State, Federal, and local law enforcement's response to the LAX 
shooting could be described as nothing but heroic and was swiftly 
executed, there was room for improvement in the coordinated response 
and communications in the critical moments after the major security 
incident. That is where this important, bipartisan bill stems from.
  And I know, as chairman of the subcommittee, the gentleman from New 
York (Mr. Katko) has taken our work from the last Congress and has 
built upon it. He has done the hard work to make sure that it reached 
the finish line. I take my hat off to Chairman Katko for showing great 
leadership and the kind of fortitude and determination necessary to 
advance this legislation, to finally get it to the Senate, and to have 
the President sign it into law.
  Serving as chairman of the House committee that oversees 
transportation security is no easy task, but it is one that the 
gentleman from New York (Mr. Katko) has excelled at. He is not afraid 
to ask tough questions. He holds folks accountable, and he has worked 
diligently to improve aviation security in this Nation.

  The bottom line is, while TSA has taken positive measures to update 
the emergency response protocols since the LAX incident, this bill will 
help to solidify these changes and ensure our airports are fully 
prepared to respond to future security incidents and potential acts of 
terrorism. 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. It is a 
necessary step towards countering the threats facing our Nation's 
airports without placing an undue burden on airport operators, law 
enforcement, and the taxpayers.
  The shooting at LAX was a tragedy that will never be forgotten by 
those affected and those of us who are committed to protecting the 
traveling public.
  My thoughts today and my prayers continue to be with the family of 
Officer Hernandez. I hope that they are watching today, and I hope they 
are proud of the work of this Congress.
  I want to thank, again, Chairman Katko for his work to keep the 
traveling public safe, and I applaud him for stepping up on such an 
important issue and ensuring this bill reaches the President's desk.
  I urge my colleagues to honor the memory of Transportation Security 
Officer Hernandez and to support this legislation.
  Mr. THOMPSON of Mississippi. Mr. Speaker, in closing, I would like to 
thank Subcommittee Chairman Katko and Ranking Member Rice for their 
efforts on this legislation.
  Through our votes today, we are honoring the life of Officer 
Hernandez and ensuring that Transportation Security officers, airport 
workers, and members of the flying public are more safe and secure.
  With that, Mr. Speaker, I once again urge my colleagues to support 
the Senate amendment to this bill as well as the Honoring Our Fallen 
TSA Officers Act.
  I yield back the balance of my time.
  Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I once again urge my colleagues to support H.R. 720. 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 areas of airports that 
are, in many ways, just like open shopping malls. Because of this 
reality, we must react to 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 TSA Officer Hernandez, I urge my colleagues to pass 
this important legislation.
  Before I close, Mr. Speaker, I do want to recognize and echo the 
sentiments of my colleague, the gentleman from North Carolina (Mr. 
Hudson) with respect to the gentleman from Mississippi (Mr. Thompson): 
He set a tone of bipartisanship in the committee; and because of that, 
in the Committee on Homeland Security, itself, as well as the 
subcommittee, much good work is being done and many bills are being 
passed. So I appreciate and acknowledge the bipartisanship because it 
is important. It is an art that all too often gets lost in this 
Congress, and we are doing well with it in our committee.
  I yield back the balance of my time.
  Mr. McCAUL. Mr. Speaker, as Chairman of the Committee on Homeland 
Security, it is with great pride that I rise in support of H.R. 720, 
the Gerardo Hernandez Airport Security Act of 2015. The passage of this 
bipartisan legislation demonstrates the importance with which the 
Committee on Homeland Security considers the security of our nation's 
airports and transit hubs. Moreover, this legislation shows Congress' 
dedication to the men and women of the TSA, who work diligently each 
day to keep the American people safe.
  In order to mitigate threats from those with malicious intent seeking 
to wreak havoc on our critical transportation systems, we must stand 
together. Our law enforcement and first responder community must 
communicate, collaborate and coordinate, so they are better prepared to 
execute emergency plans in response to all types of security incidents. 
I believe the passage of this bill creates a roadmap that will provide 
our first responders and TSA with the proper level of coordination to 
respond to incidents like the senseless shooting that took place at Los 
Angeles International Airport on November 1, 2013.
  After the shooting, I travelled with other Members of the Committee, 
including Ranking Member Thompson, to Los Angeles to meet with first 
responders, TSA officials, airport personnel, as well as the injured 
Transportation Security Officers who bravely put themselves in harm's 
way to help an elderly passenger. I also had the somber opportunity to 
meet with the widow of Officer Hernandez, before holding a field 
hearing to examine what could be done to mitigate such tragedies in the 
future. Today, I am proud to see this Committee's efforts set to cross 
the finish line, and I hope that the wife of Officer Hernandez can find 
some solace in the passage of this legislation, which bears her 
husband's name.
  The legislation will direct TSA to conduct necessary outreach to 
airports and transit hubs across the United States to ensure that there 
are adequate security incident response and communications plans in 
place. Moreover, H.R. 720 establishes TSA as a clearinghouse of best-
practices for transportation sector preparedness and incident response, 
which will streamline the proliferation of information and 
communication across transportation systems in the United States. This 
bill also looks for ways to overcome interoperable communications 
challenges and increase funding for airport law enforcement, while also 
ensuring that airport personnel are equipped with training on how to 
response to active shooters and other security incidents, such as 
terrorism.

[[Page H5993]]

  It is my pleasure to commend the Chairman of the Subcommittee on 
Transportation Security, Mr. Katko and former Chairman of the 
Subcommittee, Mr. Hudson, for their efforts in addressing this issue, 
as well as, working to foster bipartisan cooperation. 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, 
Ms. Rice, whose support of this legislation is greatly appreciated. 
Additionally, I would like to thank the other bipartisan cosponsors of 
this legislation, as well as Chairman Thune and our Senate colleagues 
for moving this important bill through the Senate. I urge my colleagues 
to support the final passage of H.R. 720 and strengthen the security of 
U.S. transportation.
  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.
  In a senseless act of violence, the love and care TSA Officer Gerardo 
Ismael Hernandez gave to his wife, Ana Machuca, his 14-year-old son and 
12-year-old daughter, and the community he served, ended entirely too 
soon.
  Mr. Speaker, Gerardo Hernandez was what we want in an American, he is 
in spirit and deed the type of person we want in our Transportation 
Security Officers (TSOs).
  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 employees 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.
  In 2014, the TSA screened more than 653 million passengers, or nearly 
1.8 million persons per day.
  The Bush International and the William P. Hobby Airports that serve 
the Houston metropolitan area are essential hubs for domestic and 
international air travel for Houston and the region:
  Nearly 40 million passengers traveled through Bush International 
Airport (IAH) and an additional 10 million traveled through William P. 
Hobby (HOU).
  More than 650 daily departures occur at IAH.
  IAH is the 11th busiest airport in the U.S. for total passenger 
traffic.
  IAH has 12 all-cargo airlines handling more than 419,205 metric tons 
of cargo in 2012.
  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, this month marked the 14th anniversary of 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 concur in the Senate amendment to the bill, H.R. 720.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate amendment was concurred in.
  A motion to reconsider was laid on the table.

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