[Congressional Record (Bound Edition), Volume 160 (2014), Part 9]
[House]
[Pages 12649-12652]
[From the U.S. 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 (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,

[[Page 12650]]

     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. 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

[[Page 12651]]

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.
  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.

[[Page 12652]]

  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 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 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 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.
  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.

                          ____________________