IIB 

114TH CONGRESS 

2D SESSION H. R. 5338 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2016 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

To reduce passenger wait times at airports, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

HR 5338 RFS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Checkpoint Optimiza3 tion and Efficiency Act of 2016’’. 

4 SEC. 2. SENSE OF CONGRESS. 

5 It is the sense of Congress that airport checkpoint 

6 wait times should not take priority over the security of 

7 the Nation’s aviation system. 

8 SEC. 3. ENHANCED STAFFING ALLOCATION MODEL. 

9 (a) IN GENERAL.—Not later than 30 days after the 

10 date of the enactment of this Act, the Administrator of 

11 the Transportation Security Administration shall complete 

12 an assessment of the Administration’s staffing allocation 

13 model to determine the necessary staffing positions at all 

14 airports in the United States at which the Administration 

15 operates passenger checkpoints. 

16 (b) APPROPRIATE STAFFING.—The staffing alloca17 tion model described in subsection (a) shall be based on 

18 necessary staffing levels to maintain minimal passenger 

19 wait times and maximum security effectiveness. 

20 (c) ADDITIONAL RESOURCES.—In assessing nec21 essary staffing for minimal passenger wait times and max22 imum security effectiveness referred to in subsection (b), 

23 the Administrator of the Transportation Security Admin24 istration shall include the use of canine explosives detec25 tion teams and technology to assist screeners conducting 

26 security checks. 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

HR 5338 RFS 

1 (d) TRANSPARENCY.—The Administrator of the 

2 Transportation Security Administration shall share with 

3 aviation security stakeholders the staffing allocation model 

4 described in subsection (a), as appropriate. 

5 (e) EXCHANGE OF INFORMATION.—The Adminis6 trator of the Transportation Security Administration shall 

7 require each Federal Security Director to engage on a reg8 ular basis with the appropriate aviation security stake9 holders to exchange information regarding airport oper10 ations, including security operations. 

11 (f) GAO REVIEW.—Not later than 180 days after the 

12 date of the enactment of this Act, the Comptroller General 

13 of the United States shall review the staffing allocation 

14 model described in subsection (a) and report to the Com15 mittee on Homeland Security of the House of Representa16 tives and the Committee on Commerce, Science, and 

17 Transportation of the Senate on the results of such review. 

18 SEC. 4. EFFECTIVE UTILIZATION OF STAFFING RE19 SOURCES. 

20 (a) IN GENERAL.—To the greatest extent practicable, 

21 the Administrator of the Transportation Security Admin22 istration shall direct that Transportation Security Officers 

23 with appropriate certifications and training are assigned 

24 to passenger and baggage security screening functions and 

25 that other Administration personnel who may not have 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

HR 5338 RFS 

1 certification and training to screen passengers or baggage 

2 are utilized for tasks not directly related to security 

3 screening, including restocking bins and providing instruc4 tions and support to passengers in security lines. 

5 (b) ASSESSMENT AND REASSIGNMENT.—The Admin6 istrator of the Transportation Security Administration 

7 shall conduct an assessment of headquarters personnel 

8 and reassign appropriate personnel to assist with airport 

9 security screening activities on a permanent or temporary 

10 basis, as appropriate. 

11 SEC. 5. TSA STAFFING AND RESOURCE ALLOCATION. 

12 (a) IN GENERAL.—Not later than 30 days after the 

13 date of the enactment of this Act, the Administrator of 

14 the Transportation Security Administration shall take the 

15 following actions: 

16 (1) Utilize the Administration’s Behavior De17 tection Officers for passenger and baggage security 

18 screening, including the verification of traveler docu19 ments, particularly at designated PreCheck lanes to 

20 ensure that such lanes are operational for use and 

21 maximum efficiency. 

22 (2) Make every practicable effort to grant addi23 tional flexibility and authority to Federal Security 

24 Directors in matters related to checkpoint and 

25 checked baggage staffing allocation and employee 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

HR 5338 RFS 

1 overtime in furtherance of maintaining minimal pas2 senger wait times and maximum security effective3 ness. 

4 (3) Disseminate to aviation security stake5 holders and appropriate Administration personnel a 

6 list of checkpoint optimization best practices. 

7 (4) Expand efforts to increase the public’s par8 ticipation in the Administration’s PreCheck pro9 gram, including deploying Administration-approved 

10 ready-to-market private sector solutions and offering 

11 secure online and mobile enrollment opportunities. 

12 (5) Request the Aviation Security Advisory 

13 Committee (established pursuant to section 44946 of 

14 title 49, United States Code) provide recommenda15 tions on best practices for checkpoint security oper16 ations optimization. 

17 (b) STAFFING ADVISORY COORDINATION.—Not later 

18 than 30 days after the date of the enactment of this Act, 

19 the Administrator of the Transportation Security Admin20 istration shall— 

21 (1) direct each Federal Security Director to co22 ordinate local representatives of aviation security 

23 stakeholders to establish a staffing advisory working 

24 group at each airport at which the Administration 

25 oversees or performs passenger security screening to 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

HR 5338 RFS 

1 provide recommendations to the Administrator on 

2 Transportation Security Officer staffing numbers, 

3 for such airport; and 

4 (2) certify to the Committee on Homeland Se5 curity of the House of Representatives and the Com6 mittee on Commerce, Science, and Transportation of 

7 the Senate that such staffing advisory working 

8 groups have been established. 

9 (c) REPORTING.—Not later than 60 days after the 

10 date of the enactment of this Act, the Administrator of 

11 the Transportation Security Administration shall— 

12 (1) report to the Committee on Homeland Se13 curity of the House of Representatives and the Com14 mittee on Commerce, Science, and Transportation of 

15 the Senate regarding how the Administration’s Pas16 senger Screening Canine assets may be deployed and 

17 utilized for maximum efficiency to mitigate risk and 

18 optimize checkpoint operations; and 

19 (2) report to the Committee on Homeland Se20 curity of the House of Representatives and the Com21 mittee on Commerce, Science, and Transportation of 

22 the Senate on the status of the Administration’s 

23 Credential Authentication Technology Assessment 

24 program and how deployment of such program 

25 might optimize checkpoint operations. 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

HR 5338 RFS 

1 SEC. 6. AVIATION SECURITY STAKEHOLDERS DEFINED. 

2 For purposes of this Act, the term ‘‘aviation security 

3 stakeholders’’ shall mean, at a minimum, air carriers, air4 port operators, and labor organizations representing 

5 Transportation Security Officers or, where applicable, con6 tract screeners. 

7 SEC. 7. RULE OF CONSTRUCTION. 

8 Nothing in this Act may be construed as authorizing 

9 or directing the Administrator of the Transportation Secu10 rity Administration to prioritize reducing wait times over 

11 security effectiveness. 

Passed the House of Representatives June 7, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


SSpencer on DSK4SPTVN1PROD with BILLS