[Congressional Record Volume 162, Number 89 (Tuesday, June 7, 2016)]
[House]
[Pages H3467-H3470]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           CHECKPOINT OPTIMIZATION AND EFFICIENCY ACT OF 2016

  Mr. KATKO. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 5338) to reduce passenger wait times at 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. 5338

       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 ``Checkpoint Optimization and 
     Efficiency Act of 2016''.

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of Congress that airport checkpoint wait 
     times should not take priority over the security of the 
     Nation's aviation system.

     SEC. 3. ENHANCED STAFFING ALLOCATION MODEL.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Administrator of the 
     Transportation Security Administration shall complete an 
     assessment of the Administration's staffing allocation model 
     to determine the necessary staffing positions at all airports 
     in the United States at which the Administration operates 
     passenger checkpoints.
       (b) Appropriate Staffing.--The staffing allocation model 
     described in subsection (a) shall be based on necessary 
     staffing levels to maintain minimal passenger wait times and 
     maximum security effectiveness.
       (c) Additional Resources.--In assessing necessary staffing 
     for minimal passenger wait times and maximum security 
     effectiveness referred to in subsection (b), the 
     Administrator of the Transportation Security Administration 
     shall include the use of canine explosives detection teams 
     and technology to assist screeners conducting security 
     checks.
       (d) Transparency.--The Administrator of the Transportation 
     Security Administration shall share with aviation security 
     stakeholders the staffing allocation model described in 
     subsection (a), as appropriate.
       (e) Exchange of Information.--The Administrator of the 
     Transportation Security Administration shall require each 
     Federal Security Director to engage on a regular basis with 
     the appropriate aviation security stakeholders to exchange 
     information regarding airport operations, including security 
     operations.
       (f) Gao Review.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall review the staffing allocation model 
     described in subsection (a) and 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 results of such review.

     SEC. 4. EFFECTIVE UTILIZATION OF STAFFING RESOURCES.

       (a) In General.--To the greatest extent practicable, the 
     Administrator of the Transportation Security Administration 
     shall direct that Transportation Security Officers with 
     appropriate certifications and training are assigned to 
     passenger and baggage security screening functions and that 
     other Administration personnel who may not have certification 
     and training to screen passengers or baggage are utilized for 
     tasks not directly related to security screening, including 
     restocking bins and providing instructions and support to 
     passengers in security lines.
       (b) Assessment and Reassignment.--The Administrator of the 
     Transportation Security Administration shall conduct an 
     assessment of headquarters personnel and reassign appropriate 
     personnel to assist with airport security screening 
     activities on a permanent or temporary basis, as appropriate.

     SEC. 5. TSA STAFFING AND RESOURCE ALLOCATION.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Administrator of the 
     Transportation Security Administration shall take the 
     following actions:
       (1) Utilize the Administration's Behavior Detection 
     Officers for passenger and baggage security screening, 
     including the verification of traveler documents, 
     particularly at designated PreCheck lanes to ensure that such 
     lanes are operational for use and maximum efficiency.
       (2) Make every practicable effort to grant additional 
     flexibility and authority to Federal Security Directors in 
     matters related to checkpoint and checked baggage staffing 
     allocation and employee overtime in furtherance of 
     maintaining minimal passenger wait times and maximum security 
     effectiveness.

[[Page H3468]]

       (3) Disseminate to aviation security stakeholders and 
     appropriate Administration personnel a list of checkpoint 
     optimization best practices.
       (4) Expand efforts to increase the public's participation 
     in the Administration's PreCheck program, including deploying 
     Administration-approved ready-to-market private sector 
     solutions and offering secure online and mobile enrollment 
     opportunities.
       (5) Request the Aviation Security Advisory Committee 
     (established pursuant to section 44946 of title 49, United 
     States Code) provide recommendations on best practices for 
     checkpoint security operations optimization.
       (b) Staffing Advisory Coordination.--Not later than 30 days 
     after the date of the enactment of this Act, the 
     Administrator of the Transportation Security Administration 
     shall--
       (1) direct each Federal Security Director to coordinate 
     local representatives of aviation security stakeholders to 
     establish a staffing advisory working group at each airport 
     at which the Administration oversees or performs passenger 
     security screening to provide recommendations to the 
     Administrator on Transportation Security Officer staffing 
     numbers, for such airport; and
       (2) certify to the Committee on Homeland Security of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate that such staffing 
     advisory working groups have been established.
       (c) Reporting.--Not later than 60 days after the date of 
     the enactment of this Act, the Administrator of the 
     Transportation Security Administration shall--
       (1) report to the Committee on Homeland Security of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate regarding how the 
     Administration's Passenger Screening Canine assets may be 
     deployed and utilized for maximum efficiency to mitigate risk 
     and optimize checkpoint operations; and
       (2) 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 status of 
     the Administration's Credential Authentication Technology 
     Assessment program and how deployment of such program might 
     optimize checkpoint operations.

     SEC. 6. AVIATION SECURITY STAKEHOLDERS DEFINED.

       For purposes of this Act, the term ``aviation security 
     stakeholders'' shall mean, at a minimum, air carriers, 
     airport operators, and labor organizations representing 
     Transportation Security Officers or, where applicable, 
     contract screeners.

     SEC. 7. RULE OF CONSTRUCTION.

       Nothing in this Act may be construed as authorizing or 
     directing the Administrator of the Transportation Security 
     Administration to prioritize reducing wait times over 
     security effectiveness.

  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 
to include any extraneous materials 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.
  We have all seen, heard about, or even experienced for ourselves the 
recent crisis of wait times at TSA checkpoints at airports across this 
great Nation. With record passenger volumes, inefficient staffing 
models, and collaboration challenges with airports and airlines, the 
TSA has found itself stretched way too thin. The fact of the matter is 
that security effectiveness and efficiency are not mutually exclusive.
  Now that the summer holiday season is upon us, it is imperative that 
we move to alleviate the nightmarish scenarios that have been playing 
out at airports across the United States in recent months. Passengers 
should not be missing flights due to long security lines when they are 
arriving to the airport 2 hours prior to their flights. Similarly, 
airports should not be approaching an operational ground stop related 
to TSA checkpoint lines. Also, they should not be having to sleep 
overnight on cots, in airports, because of TSA snafus.
  The House has already passed important legislation to expand TSA 
PreCheck, which is still awaiting passage in the Senate. Getting more 
passengers enrolled in PreCheck is essential to security and efficiency 
by identifying low-risk travelers and expediting them through 
screening. Today, we have the opportunity to act again and swiftly. 
When I came to Congress, I made a commitment to my constituents to 
tackle problems head-on and get things done.
  A few weeks ago, my colleagues and I had convened representatives 
from airports and airlines from across this country to discuss this 
wait time crisis and to hear directly from them what they think needs 
to be done to help. The message was consistent, and it was loud: the 
TSA needs to collaborate with individual airlines and airport 
authorities to coordinate sufficient staffing levels on a local basis.
  We heard their message. This bill will require the TSA to maximize 
all of its available resources and give airports, airlines, and labor 
organizations a seat at the table to ensure those resources are being 
utilized and allocated in the most effective and efficient manner.
  The Checkpoint Optimization and Efficiency Act will make a meaningful 
impact in shortening the burdensome security wait times being 
experienced by Americans who travel through airports across this 
country. It is critical that Congress act to swiftly get this bill to 
the President's desk.
  Specifically, this legislation redeploys TSA assets, such as behavior 
detection officers, of which there are 3,000, and K-9 teams so that 
more personnel are made available to perform screening functions. 
Further, the bill grants additional flexibility to local TSA 
supervisors in order to empower them to make decisions on an airport-
by-airport basis, rather than a top-down approach from TSA 
headquarters.
  This bill will also direct the TSA to undergo a comprehensive 
workforce assessment and report to Congress to ensure that the agency 
is deploying personnel in the most risk-based manner. The TSA must also 
share its staffing practices with airport operators, airlines, and 
labor organizations in order to enhance the coordination between peak 
travel times, flight schedules, and TSA checkpoint staffing.
  Mr. Speaker, this wait time crisis is an issue that touches airports 
across this great country, and a swift response to problems like this 
is what the American people sent us here to accomplish. This 
legislation implements commonsense practices while preventing a one-
size-fits-all approach to aviation security. Above all, the bill 
explicitly states that security is paramount and that wait times should 
not be prioritized at the expense of effective security screening.
  I thank the chairman of the full committee, Mr. McCaul, for his 
strong support of this legislation and for ensuring that it was a top 
priority for the committee. Additionally, I thank Ranking Member Rice 
and Representative Keating for their bipartisan support on this bill. I 
also thank the ranking minority member on the Homeland Security 
Committee, my colleague who works with us hand in hand again and again 
on these matters, Mr. Thompson. We are here, before Congress, passing 
yet another bill in a bipartisan manner. This is what Congress is 
supposed to do, and I thank Mr. Thompson for his support. I also 
express thanks to each of the bill's cosponsors for recognizing the 
importance of this issue.
  Mr. Speaker, 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 support of H.R. 5338, the Checkpoint Optimization and 
Efficiency Act of 2016.
  Over the past few months, the Transportation Security Administration 
has been scrutinized and criticized regarding wait times. As the peak 
travel season began, there were several reports of wait times that 
exceeded 2 hours. Those lengthy waits caused anxiety and disappointment 
among travelers. At times, the prolonged wait times caused many 
passengers to miss their flights.
  In response to this crisis, the Department of Homeland Security and 
the Transportation Security Administration took a series of actions. 
The TSA deployed additional K-9 teams to screen passengers at 
checkpoints; it intensified its efforts to promote participation in the 
PreCheck program; it partnered more closely with airlines and airports; 
and it increased research and development efforts for technologies that 
will improve screening. This bill codifies many of those actions. 
However, it does not encompass

[[Page H3469]]

the entirety of the Department's efforts to address the wait times 
crisis.
  DHS Secretary Johnson also requested that $34 million in 
appropriations be reprogrammed from other TSA accounts to help cover 
the costs for overtime, converting part-time workers to full-time, and 
expediting the hiring of new transportation security officers. DHS' 
request was approved. Just 2 weeks after the reprogramming, Secretary 
Johnson requested an additional infusion of cash to TSA operations of 
$28 million. That reprogramming request is pending. The infusion of $34 
million in additional resources into TSA security operations has had a 
tremendous impact on wait times at the Nation's airports. In fact, 
during the Memorial Day weekend, most airports reported wait times of 
less than 30 minutes during peak time.
  If the TSA is to maintain the operational gains that have been 
realized in recent weeks and keep wait times down, it will require 
Congress' stepping up and providing resources. Even though the measures 
within this bill will codify much of what the TSA and the DHS are 
already doing to address the issue, the only way to achieve long-term, 
measurable success is by giving the TSA the resources it needs on an 
ongoing basis.

  The TSA's current staffing is out of step with its own projection for 
volumes in fiscal year 2016. As you can see from the poster, the TSA's 
staffing in fiscal year 2016 was 42,525 TSOs, which is nearly 2,500 
fewer frontline staff than in fiscal year 2011. The TSA is expected to 
screen nearly 100 million more passengers in FY 2016, with about 2,500 
fewer staff.
  That is why I joined with Representative DeFazio and Representative 
Dold in introducing H.R. 5340, the FASTER Act, which is bipartisan 
legislation that directs the money that is collected from the flying 
public through the September 11 Security Fee to actually be used to 
secure the Nation's commercial aviation system. Unfortunately, a 
significant portion of the funds collected, which has totaled $12.6 
billion over 10 years, is being diverted to offset the Federal budget. 
I urge Members to support H.R. 5340, the FASTER Act.
  Mr. Speaker, I reserve the balance of my time.
  Mr. KATKO. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Ohio (Mr. Joyce).
  Mr. JOYCE. Mr. Speaker, I rise in support of H.R. 5338, the 
Checkpoint Optimization and Efficiency Act of 2016.
  Every week, when I come and go from the Cleveland airport, I worry 
about the chaotic lines and the long wait times in security. I am glad 
for the opportunity to speak in support of legislation that intends to 
alleviate this ever-growing problem. I am increasingly hearing from 
constituents about the frustration of subjecting oneself to air travel. 
Traveling with children is even more stressful, as my wife and I can 
empathize with. Missing a flight because of ridiculously long lines at 
security is unacceptable. At the same time, we need a system that 
guarantees passenger safety.
  It is all of our jobs here in Congress to ensure that our 
constituents are safe, and it is the responsibility of TSA officers to 
ensure travelers are thoroughly screened. This legislation will boost 
their efficiency in doing so. Reviewing the TSA's staffing model is 
necessary to determine best practices and implement them as soon as 
possible. This legislation increases transparency and accountability. 
Examining big-picture problems with the current system and tackling the 
issues at the source will help to reduce passenger wait times and will 
ensure the safety of all of our constituents.
  This legislation presents a commonsense approach in addressing the 
airport wait times issue, and I urge my colleagues to support H.R. 
5338.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I reserve the balance of my 
time.
  Mr. KATKO. Mr. Speaker, I yield 3 minutes to the distinguished 
gentleman from Illinois (Mr. Dold).
  Mr. DOLD. I, certainly, thank my good friend from New York for 
yielding the time.
  I thank my friend from Mississippi, who talked a little bit before 
about the bill that we are working on together, that being the FASTER 
Act, which I do believe is a step in the right direction.
  Mr. Speaker, I represent a district just north of Chicago, so the 
airport that I go in and out of right now is Chicago's O'Hare--the 
busiest airport in the country. In fact, we believe about 77 million 
passengers are going to go through O'Hare this year--77 million. It is 
not uncommon, obviously, for me to go there and have extremely long 
wait times at the TSA. Unfortunately, what we have seen more recently 
is these wait times continuing to build--to build so much that, 
actually, the wait time is longer than the flight, itself, which, to 
me, is completely unacceptable. Frankly, the American public deserves a 
little bit more accountability.
  Over the past few weeks, these long wait times, obviously, have been 
exacerbated, so we have put on a Band-Aid--a patch--to try to make sure 
that we have a little bit more staffing at some of these busiest of 
airports around the country, and we have seen those wait times come 
down. Yet what we do know is that people are missing their flights. 
People who have missed their flights, at least in the last couple of 
weeks, have been able to be put on flights without too much 
inconvenience. If this were to happen this summer, the chances are, at 
least from the airlines, they wouldn't be able to get on their flights 
for a week or more, which could completely disrupt family vacations and 
the like.
  The current screening procedures need to be updated to ensure that we 
protect passengers from terrorist threats and to make sure that 
passengers are screened in the most efficient manner possible. This is, 
really, a two-pronged approach. In one, my friend from Mississippi 
talked about the FASTER Act, which is, again, trying to make sure that 
the resources that passengers pay are actually going toward the TSA to 
make sure that it has the manpower necessary to do the screening.
  Today's bill, the Checkpoint Optimization and Efficiency Act, will go 
a long way towards ensuring that the TSA updates the screening 
procedures to improve customer service at the Nation's busiest 
airports. This bill will ensure that TSA position screeners are where 
they are needed most, which, I think, is absolutely critical. The bill 
will allow the TSA to reallocate K-9 teams to the Nation's busiest 
airports or where they are needed. K-9 detecting teams are a vital tool 
in ensuring the quick and effective screening of passengers.
  Mr. Speaker, just this last week, I was at O'Hare. I went down and 
had an opportunity to talk with some of the K-9 screeners in Chicago. 
One actually came from Fairbanks, Alaska, and the other one came in 
from Cincinnati.

                              {time}  1600

  There is no question that there was a huge issue at O'Hare that 
needed to be rectified, and what this legislation does--and the 
gentleman from New York proposes--will allow that flexibility to 
happen.
  Finally, I want to just talk about the TSA's Federal Security 
Directors and making sure that they are placed at the busiest airports 
and have some of the flexibility that they need to make the staffing 
decisions that are best for the people.
  The bill today, I believe, will go a long way toward alleviating the 
crisis at our busiest airports around the country and will help make 
sure that our hours-long wait times will be reduced and diminished.
  I certainly hope my colleagues on both sides of the aisle will 
support this legislation.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself the balance 
of my time to close.
  Mr. Speaker, the measure under consideration will codify much of what 
the Department and TSA have been doing to address wait times at our 
Nation's airports. Thankfully, through bipartisan negotiations on this 
measure, we were able to ensure that when local airport working groups 
are stood up, the voices of the airport operators, air carriers, and 
those who represent the men and women on the front lines of aviation 
security would be heard.
  Also, I am pleased that the bill, as amended, takes a broader view on 
how behavior detection officers could be used at our airports. I have 
long been skeptical of TSA's investment in the Behavior Detection 
Officer program,

[[Page H3470]]

given the risks of racial or ethnic profiling and the lack of science 
to back TSA's claim of this security effectiveness.
  I am pleased that Chairman Katko was receptive to repurposing this 
position, at the Federal Security Director's discretion, to any 
alternate position within TSA's checkpoint screening functions.
  I, once again, urge Members to support H.R. 5340, the FASTER Act, as 
it will ensure that TSA receives funding it needs to acquire and 
maintain staff and resources to efficiently carry out its mission 
without compromising security effectiveness.
  I yield back the balance of my time.
  Mr. KATKO. Mr. Speaker, I yield myself the balance of my time to 
close.
  The threats facing our Nation's aviation system are constantly 
changing and adapting. For this reason, TSA's mission is not only 
difficult, but critical to the national security of the United States 
and the safety of traveling Americans.
  I, again, wish to thank all of the bipartisan cosponsors of this 
legislation, and I urge my colleagues to support this bill.
  I yield back the balance of my time.
  Mr. McCAUL. Mr. Speaker, the traveling public is suffering from 
staggeringly long airport wait times. As the busy summer travel season 
has begun, I am consistently hearing reports of missed flights, delays, 
and two-hour plus wait times at TSA security checkpoints. This 
bipartisan legislation includes meaningful reforms that the Homeland 
Security Committee has identified to address wait times, while making 
sure that the traveling public remains safe. I also want to encourage 
the Senate to act on other House-passed bills that would help alleviate 
checkpoint wait times.
  TSA's Admiral Neffenger testified before my committee that the 
provisions outlined in H.R. 5338 would help optimize checkpoints and 
reduce the burden on TSA and passengers. Our bill has also received 
overwhelming support from transportation stakeholders, such as the 
airport and airline community.
  The Checkpoint Optimization and Efficiency Act redeploys TSA 
personnel to enhance staffing and increase operational capability, 
allowing more screening lanes to be open. The bill ushers in a new era 
of transparency and accountability between TSA and its airport and 
airline stakeholders, while pushing continued expansion of TSA's 
PreCheck program, which the House has already sought to expand with the 
passage of the TSA PreCheck Expansion Act.
  Mr. Speaker, the President's recent budget requests have failed to 
predict the resources that were needed to mitigate this problem before 
it started. In fact, last year, TSA gave $100 million back to the U.S. 
Treasury. Now, Secretary Johnson has had to ask Congress for 
reprogramming requests to alleviate the burden placed on TSA 
operations. While these reprogramming requests were necessary, I am 
pleased that this legislation will go a step further by reallocating 
existing assets in a much more effective manner.
  I wish to thank Chairman Katko for his leadership on this important 
issue, as well as each of the cosponsors of the bill. In particular, I 
wish to thank Ranking Member Rice and Representative Keating for 
lending their support to the bill and for their engagement and work on 
enhancing transportation security. I urge my colleagues to support this 
critical legislation.
  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. 5338, 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.

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