[Congressional Record (Bound Edition), Volume 161 (2015), Part 2]
[House]
[Pages 2014-2017]
[From the U.S. 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.

     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

[[Page 2015]]

     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 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

[[Page 2016]]

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 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

[[Page 2017]]

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.

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