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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.

                                  [all]