[House Report 114-221]
[From the U.S. Government Publishing Office]
114th Congress ] [ Report
HOUSE OF REPRESENTATIVES
1st Session ] [ 114-221
======================================================================
TSA PRECHECK EXPANSION ACT
_______
July 22, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 2843]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2843) to require certain improvements in the
Transportation Security Administration's PreCheck expedited
screening program, and for other purposes, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 6
Duplicative Federal Programs..................................... 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
Disclosure of Directed Rule Makings.............................. 7
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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) TSA.--The term ``TSA'' means the Transportation Security
Administration.
SEC. 3. ENROLLMENT EXPANSION.
(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.
(b) Requirements.--Upon publication of the PreCheck program
application enrollment standards pursuant to subsection (a), the
Administrator shall--
(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;
(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;
(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;
(4) ensure that any biometric and biographic information is
collected in a manner which ensures privacy and data security
protections, including that applicants' personally identifiable
information is handled only by individuals who have been
properly vetted;
(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
(6) ensure that any enrollment expansion using a private
sector risk assessment instead of a fingerprint-based criminal
history records check is be determined, by the Administrator,
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 application enrollment standards pursuant to subsection (a),
the Administrator shall--
(1) in accordance with the standards described in paragraph
(1) of subsection (a), develop and implement--
(A) a process, including an associated timeframe, for
approving private sector marketing of the TSA PreCheck
program; and
(B) a strategy for partnering with the private sector
to encourage enrollment in such program; and
(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.
(d) Identity Verification Enhancement.--Not later than 90 days after
the date of the 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 TSA PreCheck program; and
(2) partner with the private sector to use advanced
biometrics and NIST 800-63-2 identity proofing standards to
facilitate enrollment in such program.
(e) PreCheck Lane Operation.--The Administrator shall--
(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
(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.
(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.
PURPOSE AND SUMMARY
The purpose of H.R. 2843 is to require certain improvements
in the Transportation Security Administration's PreCheck
expedited screening program, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
Since the program's inception in 2011, TSA PreCheck has
seen rapid growth in popularity and utilization, and has been
the cornerstone of TSA's risk-based security efforts. While the
program has helped TSA achieve a number of cost and operational
efficiencies, TSA has relied too heavily on alternate forms of
granting passengers expedited PreCheck screening. These
alternate methods, known as Managed Inclusion and Risk
Assessment, have caused confusion among travelers and have come
at the expense of comprehensive efforts by TSA to focus on
expanding full enrollment and converting ``unknown'' passengers
into ``known'' travelers.
The ``TSA PreCheck Expansion Act'' forces TSA to
concentrate on enrolling more people in the program by
coordinating and leveraging the capabilities and resources of
the private sector in a secure, responsible manner. The bill
also requires TSA to take steps to effectively and robustly
market the program and leverage existing Department of Homeland
Security data for identification purposes, all while working to
enhance recurrent vetting capabilities for those enrolled in
the program, in order to maintain the program's security and
integrity. The bill is based on the Committee's priorities for
enhancing risk-based security at TSA, as well as industry
stakeholder feedback.
HEARINGS
113th Congress
On March 14, 2013, the Subcommittee on Transportation
Security held a hearing entitled ``TSA's Efforts to Advance
Risk-Based Security.'' The Subcommittee received testimony from
Hon. John S. Pistole, Administrator, Transportation Security
Administration, Department of Homeland Security.
The Subcommittee on Transportation Security held a second
hearing on April 11, 2013, entitled ``TSA's Efforts to Advance
Risk-Based Security: Stakeholder Perspectives.'' The
Subcommittee received testimony from Mr. Ken Dunlap, Global
Director, Security & Travel Facilitation, International Air
Transport Association; Ms. Sharon L. Pinkerton, Senior Vice
President, Legislative and Regulatory Policy, Airlines for
America; Mr. Geoff Freeman, Chief Operating Officer and
Executive Vice President, U.S. Travel Association; Mr. Michael
C. Mullen, Executive Director, Express Association of America;
Mr. Christopher U. Browne, Airport Manager, Washington Dulles
International Airport, testifying on behalf of the American
Association of Airport Executives; and Mr. David A. Borer,
General Counsel, American Federation of Government Employees.
This hearing was the second in a two-part
114th Congress
On March 25, 2015, the Subcommittee on Transportation
Security held a hearing entitled ``Risk-Based Security:
Assessing the Path Forward for TSA PreTM.''
The Subcommittee received testimony from Hon. John Roth,
Inspector General, U.S. Department of Homeland Security; Mr.
Kenneth Fletcher, Chief Risk Officer, Transportation Security
Administration, U.S. Department of Homeland Security; and Ms.
Jennifer Grover, Director, Homeland Security and Justice, U.S.
Government Accountability Office.
COMMITTEE CONSIDERATION
The Committee met on June 23, 2015, to consider H.R. 2843,
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote. The Committee
took the following actions:
The following amendments were offered:
An amendment by Mr. Thompson of Mississippi (#1); was AGREED TO
by voice vote.
Page 2, line 11, strike ``shall-'' and all that follows through
``establish'' on line 12 and insert the following (and conform the
margins appropriately): ``shall publish''.
Page 2, line 19, strike the semicolon and insert a period.
Page 2, beginning line 20, insert the following (and redesignate
subsequent subsections accordingly): ``(b) requirements.''
Page 2, beginning line 20, redesignate paragraphs (2) through (5)
as paragraphs (1) through (4), respectively.
Page 3, beginning line 19, strike ``Not later than 90 days after
the date of enactment of this Act,'' and insert ``Upon publication of
PreCheck program application enrollment standards pursuant to
subsection (a),''
Page 4, line 18, strike ``who want to enroll'' and insert
``enrolling''.
Page 5, line 10, amend subsection (f) (as so redesignated) with a
new subsection entitled ``(f) Vetting for Precheck Participants.''
An en bloc amendment by Mr. Thompson of Mississippi (#2); was
AGREED TO by voice vote.
Consisting of the following amendments:
An amendment by Ms. Loretta Sanchez of California:
Page 3, line 12, strike ``and'' at the end.
Page 3, line 18, strike the period and insert ``; and''.
Page 3, beginning line 19, insert the following: Page 3, beginning
line 19, insert the following:
(6) 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.
An amendment by Ms. Loretta Sanchez of California:
Page 3, line 12, strike ``and'' at the end.
Page 3, line 18, strike the period and insert ``; and''.
Page 3, beginning line 19, insert the following:
(6) ensure that any enrollment expansion using a private sector
risk assessment instead of a fingerprint-based criminal history records
check is be determined, by the Administrator, to be equivalent to a
fingerprint-based criminal history records check conducted through the
Federal Bureau of Investigation.;
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 2843.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
2843, the TSA PreCheck Expansion Act, would result in no new or
increased budget authority, entitlement authority, or tax
expenditures or revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 17, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2843, the TSA
PreCheck Expansion Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll, who can be reached at 226-2860.
Sincerely,
Keith Hall.
Enclosure.
H.R. 2843--TSA PreCheck Expansion Act
H.R. 2843 would require the Transportation Security
Administration (TSA) to undertake efforts to expand enrollment
in the PreCheck program. Through that program, air travelers
voluntarily apply to be prescreened using biographic and
biometric information to determine whether they qualify for
expedited screening at airport security checkpoints. The bill
would direct TSA to publish standards to allow private-sector
entities to provide certain services to support increased
enrollment and to specify other requirements for the program's
expansion.
Based on information from TSA, CBO estimates that
implementing H.R. 2843 would have no significant impact on the
federal budget. According to the agency, many of the activities
required by the bill are consistent with efforts the agency
plans to undertake, under current law, to expand the PreCheck
program. Further, because the agency can keep and spend fees
that applicants pay for prescreening services (subject to
provisions in annual appropriation acts), CBO estimates that
any net change in TSA's spending for increased credentialing
activities under H.R. 2843 would not be significant in any
year. We also estimate that implementing H.R. 2843 would not
significantly affect TSA's overall costs to provide screening
at airport checkpoints.
Enacting H.R. 2843 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 2843 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by Theresa Gullo, Assistant Director
for Budget Analysis.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 2843 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This bill requires the Administrator of TSA to submit a
report to Congress on any PreCheck fees collected in excess of
the costs of administering such program, including
recommendations for using such amount to support marketing of
such program under this subsection.
DUPLICATIVE FEDERAL PROGRAMS
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 2843 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
PREEMPTION CLARIFICATION
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 2843 does
not preempt any State, local, or Tribal law.
DISCLOSURE OF DIRECTED RULE MAKINGS
The Committee estimates that H.R. 2843 would require no
directed rule makings.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
This section provides that bill may be cited as the ``TSA
PreCheck Expansion Act''.
Section 2. Definitions
This section lays out definitions for the terms
``Administrator,'' ``Department,'' and ``TSA.''
Section 3. Enrollment expansion
This section directs the Administrator within 90 days of
enactment to publish PreCheck application enrollment standards
to add and deploy multiple private sector application
capabilities (including standards that allow the use of secure
technologies such as kiosks or tablets), and upon publication
of such standards to coordinate with interested parties to
deploy TSA-approved ready-to-market private sector solutions
that meet TSA enrollment standards, and collect biographic and
biometric identification information. Additionally, this
section requires that TSA ensure that the devices used to
collect this information are not vulnerable to data breaches
and that the information is collected in a manner which ensures
privacy and data security protections. The Committee does not
expect the Department or the Administration to develop an
unnecessary certification process for ensuring data
protections, but that the Administration will implement best
practices and make every reasonable effort to ensure that
mobile enrollment platforms are able to securely process data.
This section additionally requires that any 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 their application on any kiosk,
personal computer, mobile device or other enrollment platform
and return within a reasonable time frame to submit a second
identification verification. Finally, this section requires the
Administrator to ensure that any enrollment expansion using a
private sector risk assessment instead of a fingerprint-based
criminal history records check is determined to be equivalent
to a fingerprint-based criminal history records check conducted
through the FBI.
This section also directs the Administrator within 90 days
of enactment to develop a process and timeframe for approving
private sector marketing of the TSA PreCheck program and a
strategy for partnering with the private sector to encourage
enrollment. This section also requires the Administrator to
submit a report to Congress on any TSA PreCheck fees in excess
of administration costs and recommendations on how those fees
can be used to support marketing efforts for the program.
This section requires the Administrator to coordinate with
the heads of appropriate components of the Department of
Homeland Security to leverage Department-held data and
technologies to verify the citizenship of individuals who want
to enroll in the TSA PreCheck program and partner with the
private sector to use advanced biometric and identity proofing
standards to facilitate enrollment in such program.
This section requires the Administrator to ensure that TSA
PreCheck screening lanes are open and available during peak and
high-volume travel times at airports and to make every
practicable effort to provide expedited screening at standard
screening lanes during times when PreCheck lanes are closed for
those individuals who are enrolled in the program. The
Committee recognizes that standards labeling and metrics for
the National Institutes for Standards and Technology
periodically change and expects TSA to conform and enhance
standards in accordance with NIST standards.
This section requires the Administrator within 90 days of
enactment to 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 screening database, could be done in a cost effective
manner.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
As reported, H.R. 2843 makes no changes to exisiting law.
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