[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2843 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 383
114th CONGRESS
  2d Session
                                H. R. 2843

                          [Report No. 114-223]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2015

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

                             March 7, 2016

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
    To require certain improvements in the Transportation Security 
 Administration's PreCheck expedited screening program, and for other 
                               purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``TSA PreCheck Expansion 
Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Administrator.--The term ``Administrator'' 
        means the Administrator of the Transportation Security 
        Administration.</DELETED>
        <DELETED>    (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.</DELETED>
        <DELETED>    (3) TSA.--The term ``TSA'' means the 
        Transportation Security Administration.</DELETED>

<DELETED>SEC. 3. ENROLLMENT EXPANSION.</DELETED>

<DELETED>    (a) In General.--Not later than 90 days after the date of 
the enactment of this Act, the Administrator shall publish PreCheck 
application enrollment standards to add multiple private sector 
application capabilities for the TSA PreCheck program to increase the 
public's enrollment access to such program, including standards that 
allow the use of secure technologies, including online enrollment, 
kiosks, tablets, or staffed laptop stations at which individuals can 
apply for entry into such program.</DELETED>
<DELETED>    (b) Requirements.--Upon publication of the PreCheck 
program application enrollment standards pursuant to subsection (a), 
the Administrator shall--</DELETED>
        <DELETED>    (1) coordinate with interested parties to deploy 
        TSA-approved ready-to-market private sector solutions that meet 
        the TSA PreCheck application enrollment standards described in 
        paragraph (1), make available additional PreCheck enrollment 
        capabilities, and offer secure online and mobile enrollment 
        opportunities;</DELETED>
        <DELETED>    (2) partner with the private sector to collect 
        biographic and biometric identification information via kiosks, 
        mobile devices, or other mobile enrollment platforms to reduce 
        the number of instances in which passengers need to travel to 
        enrollment centers;</DELETED>
        <DELETED>    (3) ensure that the kiosks, mobile devices, or 
        other mobile enrollment platforms referred to in paragraph (3) 
        are certified as secure and not vulnerable to data 
        breaches;</DELETED>
        <DELETED>    (4) ensure that any biometric and biographic 
        information is collected in a manner which is comparable with 
        the National Institute of Standards and Technology standards 
        and ensures privacy and data security protections, including 
        that applicants' personally identifiable information is 
        collected, retained, used, and shared in a manner consistent 
        with section 552a of title 5, United States Code (commonly 
        known as ``Privacy Act of 1974''), and agency 
        regulations;</DELETED>
        <DELETED>    (5) ensure that an individual who wants to enroll 
        in the PreCheck program and has started an application with a 
        single identification verification at one location will be able 
        to save such individual's application on any kiosk, personal 
        computer, mobile device, or other mobile enrollment platform 
        and be able to return within a reasonable time to submit a 
        second identification verification; and</DELETED>
        <DELETED>    (6) ensure that any enrollment expansion using a 
        private sector risk assessment instead of a fingerprint-based 
        criminal history records check is determined, by the Secretary 
        of Homeland Security, to be equivalent to a fingerprint-based 
        criminal history records check conducted through the Federal 
        Bureau of Investigation.</DELETED>
<DELETED>    (c) Marketing of PreCheck Program.--Upon publication of 
PreCheck program application enrollment standards pursuant to 
subsection (a), the Administrator shall--</DELETED>
        <DELETED>    (1) in accordance with the standards described in 
        paragraph (1) of subsection (a), develop and implement--
        </DELETED>
                <DELETED>    (A) a process, including an associated 
                timeframe, for approving private sector marketing of 
                the TSA PreCheck program; and</DELETED>
                <DELETED>    (B) a strategy for partnering with the 
                private sector to encourage enrollment in such program; 
                and</DELETED>
        <DELETED>    (2) submit to Congress a report on any PreCheck 
        fees collected in excess of the costs of administering such 
        program, including recommendations for using such amounts to 
        support marketing of such program under this 
        subsection.</DELETED>
<DELETED>    (d) Identity Verification Enhancement.--Not later than 90 
days after the date of the enactment of this Act, the Administrator 
shall--</DELETED>
        <DELETED>    (1) coordinate with the heads of appropriate 
        components of the Department to leverage Department-held data 
        and technologies to verify the citizenship of individuals 
        enrolling in the TSA PreCheck program; and</DELETED>
        <DELETED>    (2) partner with the private sector to use 
        advanced biometrics and standards comparable with National 
        Institute of Standards and Technology standards to facilitate 
        enrollment in such program.</DELETED>
<DELETED>    (e) PreCheck Lane Operation.--The Administrator shall--
</DELETED>
        <DELETED>    (1) ensure that TSA PreCheck screening lanes are 
        open and available during peak and high-volume travel times at 
        airports to individuals enrolled in the PreCheck program; 
        and</DELETED>
        <DELETED>    (2) make every practicable effort to provide 
        expedited screening at standard screening lanes during times 
        when PreCheck screening lanes are closed to individuals 
        enrolled in such program in order to maintain operational 
        efficiency.</DELETED>
<DELETED>    (f) Vetting for PreCheck Participants.--Not later than 90 
days after the date of the enactment of this Act, the Administrator 
shall initiate an assessment of the security vulnerabilities in the 
vetting process for the PreCheck program that includes an evaluation of 
whether subjecting PreCheck participants to recurrent fingerprint-based 
criminal history records checks, in addition to recurrent checks 
against the terrorist watchlist, could be done in a cost-effective 
manner to strengthen the security of the PreCheck program.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``TSA PreCheck Expansion Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Transportation Security Administration.
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Precheck program.--The term ``PreCheck Program'' means 
        the trusted traveler program implemented by the Transportation 
        Security Administration under section 109(a)(3) of the Aviation 
        and Transportation Security Act (49 U.S.C. 114).
            (4) TSA.--The term ``TSA'' means the Transportation 
        Security Administration.

SEC. 3. PRECHECK PROGRAM AUTHORIZATION.

    The Administrator shall continue to administer the PreCheck Program 
established under the authority of the Aviation and Transportation 
Security Act (Public Law 107-71).

SEC. 4. PRECHECK PROGRAM ENROLLMENT EXPANSION.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Administrator shall publish PreCheck Program 
enrollment standards that add multiple private sector application 
capabilities for the PreCheck Program to increase the public's 
enrollment access to the program, including standards that allow the 
use of secure technologies, including online enrollment, kiosks, 
tablets, or staffed laptop stations at which individuals can apply for 
entry into the program.
    (b) Requirements.--Upon publication of the PreCheck Program 
enrollment standards under subsection (a), the Administrator shall--
            (1) coordinate with interested parties--
                    (A) to deploy TSA-approved ready-to-market private 
                sector solutions that meet the PreCheck Program 
                enrollment standards under subsection (a);
                    (B) to make available additional PreCheck Program 
                enrollment capabilities; and
                    (C) to offer secure online and mobile enrollment 
                opportunities;
            (2) partner with the private sector to collect biographic 
        and biometric identification information via kiosks, mobile 
        devices, or other mobile enrollment platforms to increase 
        enrollment flexibility and minimize the amount of travel to 
        enrollment centers for applicants;
            (3) ensure that any information, including biographic 
        information, is collected in a manner that--
                    (A) is comparable with the appropriate and 
                applicable standards developed by the National 
                Institute of Standards and Technology; and
                    (B) protects privacy and data security, including 
                that any personally identifiable information is 
                collected, retained, used, and shared in a manner 
                consistent with section 552a of title 5, United States 
                Code (commonly known as ``Privacy Act of 1974''), and 
                with agency regulations;
            (4) ensure that the enrollment process is streamlined and 
        flexible to allow an individual to provide additional 
        information to complete enrollment and verify identity; and
            (5) ensure that any enrollment expansion using a private 
        sector risk assessment instead of a fingerprint-based criminal 
        history records check is determined, by the Secretary of 
        Homeland Security, to be equivalent to a fingerprint-based 
        criminal history records check conducted through the Federal 
        Bureau of Investigation.
    (c) Marketing of PreCheck Program.--Upon publication of PreCheck 
Program enrollment standards under subsection (a), the Administrator 
shall--
            (1) in accordance with those standards, develop and 
        implement--
                    (A) a continual process, including an associated 
                timeframe, for approving private sector marketing of 
                the PreCheck Program; and
                    (B) a long-term strategy for partnering with the 
                private sector to encourage enrollment in such program;
            (2) submit to Congress, at the end of each fiscal year, a 
        report on any PreCheck Program application fees collected in 
        excess of the costs of administering the program, including to 
        access the feasibility of the program, for the preceding fiscal 
        year; and
            (3) include in the report under paragraph (2) 
        recommendations for using such amounts to support marketing of 
        the program under this subsection.
    (d) Identity Verification Enhancement.--Not later than 120 days 
after the date of enactment of this Act, the Administrator shall--
            (1) coordinate with the heads of appropriate components of 
        the Department to leverage department-held data and 
        technologies to verify the citizenship of individuals enrolling 
        in the PreCheck Program;
            (2) partner with the private sector to use biometrics and 
        authentication standards, such as relevant standards developed 
        by the National Institute of Standards and Technology, to 
        facilitate enrollment in the program; and
            (3) consider leveraging the existing resources and 
        abilities of airports to conduct fingerprint and background 
        checks to expedite identity verification.
    (e) PreCheck Program Lanes Operation.--The Administrator shall--
            (1) ensure that PreCheck Program screening lanes are open 
        and available during peak and high-volume travel times at 
        appropriate airports to individuals enrolled in the PreCheck 
        Program; and
            (2) make every practicable effort to provide expedited 
        screening at standard screening lanes during times when 
        PreCheck Program screening lanes are closed to individuals 
        enrolled in the program in order to maintain operational 
        efficiency.
    (f) Vetting for PreCheck Program Participants.--Not later than 90 
days after the date of enactment of this Act, the Administrator shall 
initiate an assessment to identify any security vulnerabilities in the 
vetting process for the PreCheck Program, including determining whether 
subjecting PreCheck Program participants to recurrent fingerprint-based 
criminal history records checks, in addition to recurrent checks 
against the terrorist watchlist, could be done in a cost-effective 
manner to strengthen the security of the PreCheck Program.
                                                       Calendar No. 383

114th CONGRESS

  2d Session

                               H. R. 2843

                          [Report No. 114-223]

_______________________________________________________________________

                                 AN ACT

    To require certain improvements in the Transportation Security 
 Administration's PreCheck expedited screening program, and for other 
                               purposes.

_______________________________________________________________________

                             March 7, 2016

                       Reported with an amendment