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Calendar No. 383
114th Congress } { Report
SENATE
2d Session } { 114-223
_______________________________________________________________________
TSA PRECHECK EXPANSION ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
H.R. 2843
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
March 7, 2016.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2016
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas ED MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Rebecca Seidel, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel
Calendar No. 383
114th Congress } { Report
SENATE
2d Session } { 114-223
======================================================================
TSA PRECHECK EXPANSION ACT
_______
March 7, 2016.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany H.R. 2843]
The Committee on Commerce, Science, and Transportation, to
which 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, reports favorably thereon with an
amendment (in the nature of a substitute) and recommends that
the bill (as amended) do pass.
Purpose of the Bill
The purpose of H.R. 2843, (as amended), is to authorize and
expand enrollment in TSA PreCheck, the Transportation Security
Administration's (TSA) trusted traveler program, to increase
the population of travelers that receives increased vetting and
expedited screening.
Background and Needs
Since its inception in 2011, TSA PreCheck has grown in
popularity and utilization, and has been the cornerstone of the
TSA's risk-based security efforts. While TSA PreCheck has
helped the TSA achieve a number of cost and operational
efficiencies, some policy choices made by the TSA meant that
not all participants in TSA PreCheck were fully vetted. In
addition to vetting, the TSA has relied on alternate ways of
granting passengers expedited TSA PreCheck screening. These
alternate methods, known as ``Managed Inclusion'' and ``Risk
Assessment,'' have caused confusion among travelers and have
undermined comprehensive efforts by the TSA to increase the
number of fully vetted ``known'' travelers.
In multiple reports last year, the Department of Homeland
Security (DHS) Office of Inspector General highlighted security
vulnerabilities associated with the TSA's use of Risk
Assessment rules and Managed Inclusion. As a result, the TSA
phased out the practice known as ``Managed Inclusion-2'' in
September 2015, and has begun to re-prioritize security over
speed, which TSA Administrator Peter Neffenger has warned will
likely lead to longer lines at security checkpoints for non-
vetted air travelers.\1\
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\1\TSA: Security Gaps, Hearing Before the H. Comm. on Oversight and
Government Reform, 114th Cong. (2015).
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As a result of these expected delays, efforts to expand the
vetted population of travelers are increasingly important both
for improving the security benefits for known travelers, and
for improving overall checkpoint performance. On October 22,
2015, the TSA released a Request for Proposal (RFP) seeking
vendors for the TSA PreCheck Application Expansion initiative
to deploy ready-to-market application capabilities to expand
the public enrollment opportunities for TSA PreCheck. According
to the RFP, successful private sector companies must be able to
enroll and pre-screen a large population of applicants and
demonstrate the ability to effectively market TSA PreCheck to
air travelers. The TSA PreCheck Expansion Act would authorize
TSA PreCheck with additional requirements and accelerate the
TSA PreCheck Application Expansion initiative.
Summary of Provisions
H.R. 2843 would require the TSA to concentrate on enrolling
more people in the TSA PreCheck Application Program by
coordinating and leveraging the capabilities and resources of
the private sector in a secure, responsible manner. The bill
would require the TSA Administrator to add multiple private
sector application capabilities to the TSA PreCheck Application
Program enrollment standards, ensuring that any information is
collected in a manner consistent with relevant cybersecurity
and privacy protection standards. The bill also would instruct
the TSA Administrator to develop and implement a process for
approving private sector marketing of TSA PreCheck and to
develop a strategy for partnering with the private sector to
encourage enrollment in TSA PreCheck. The TSA Administrator
also would be required to ensure that TSA PreCheck screening
lanes are open and available, and that TSA PreCheck
participants receive expedited screening when the TSA PreCheck
screening lanes are not open. Finally, the bill would instruct
the TSA Administrator to initiate an assessment of the security
vulnerabilities in the vetting process for the TSA PreCheck
Application Program.
Legislative History
H.R. 2843 was introduced by Representatives Katko (R-NY),
Rogers (R-AL), and McCaul (R-TX) on June 19, 2015, and was
ordered to be favorably reported to the House of
Representatives with amendments by the Committee on Homeland
Security of the House of Representatives on July 22, 2015. H.R.
2843 passed the House of Representatives by voice vote on July
27, 2015, and was referred to the Committee on Commerce,
Science, and Transportation of the Senate.
No Senate hearings were held exclusively on H.R. 2843 in
the 114th Congress; however, the Committee held a hearing on
March 17, 2015, entitled ``TSA Oversight and Examination of the
Fiscal Year 2016 Budget Request'' and received testimony from
Melvin Carraway, Acting Administrator, TSA, DHS regarding TSA
PreCheck activities and expansion, among other things. The
Committee also held a hearing on May 21, 2015, to consider the
nomination of Peter Neffenger to be the TSA Administrator,
during which TSA PreCheck vulnerabilities and challenges were
brought up.
In the House of Representatives in the 114th Congress, the
Subcommittee on Transportation Security of the Homeland
Security Committee of the House of Representatives held a
hearing on March 25, 2015, entitled, ``Risk-Based Security:
Assessing the Path Forward for TSA PreCheck'' and received
testimony from John Roth, Inspector General, DHS; Kenneth
Fletcher, Chief Risk Officer, TSA, DHS; and Jennifer Grover,
Director, Homeland Security and Justice, Government
Accountability Office.
On December 9, 2015, the Committee met in open Executive
Session to consider H.R. 2843, and ordered the bill to be
reported to the Senate favorably, with first and second degree
amendments, by voice vote. The first degree amendment,
sponsored by Senator Thune, formally authorized TSA PreCheck
and made a series of improvements throughout the bill
reflecting agency feedback. The second degree amendment,
sponsored by Senator Daines, added a provision requiring the
TSA to consider leveraging existing airport resources to
expedite identity verification as part of the TSA PreCheck
Application Program.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
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.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The bill would affect future, voluntary applicants to TSA
PreCheck for expedited security screening. The TSA has
estimated that, as of September 2015, 1.6 million individuals
have enrolled in TSA PreCheck since its inception in December
2013. Going forward, TSA analysis has indicated that expansion
of the TSA PreCheck Application Program with private sector
vendor pre-screening and marketing could achieve enrollment of
25 million known, low-risk travelers in approximately 3.5
years.
ECONOMIC IMPACT
The bill would not authorize new spending by the Federal
Government, and would instead transfer some of the cost burden
from the TSA to the private sector. The TSA and vendors would
use existing fee structures generated by the TSA PreCheck
Application Program to pay for improvements and changes in the
enrollment process, and achieve efficiencies by leveraging
innovative business models and capabilities. There is a
possibility that application fees may decrease as a result of
private sector efficiencies gained from the new TSA PreCheck
standards and streamlined enrollment process envisioned under
the bill. TSA PreCheck applicants may also receive other opt-in
benefits that would be available through private sector
consortium partnerships.
PRIVACY
The bill would only have an impact on the personal privacy
of individuals who voluntarily apply to enroll in TSA PreCheck.
Currently, individuals who apply to TSA PreCheck are subject to
the collection of biographic and biometric information in order
to carry out a criminal history background check. Under the
bill, this information would be collected via kiosks, mobile
devices, or other mobile enrollment platforms to increase
enrollment flexibility. In addition, under the bill this
information is required to be collected in a manner that is
comparable to applicable information security standards and to
be protected consistent with current privacy laws and
regulations. The bill would allow the option for TSA PreCheck
applicants to be vetted through a less impactful review of
commercially available, non-government data compared to a
fingerprint-based Federal Bureau of Investigation (FBI)
criminal history records check that is currently used
exclusively.
PAPERWORK
The bill would not significantly increase paperwork
requirements for private individuals or businesses. On the
contrary, it is expected that paperwork requirements may be
lessened as a result of the bill due to the use of new, more
flexible private sector enrollment capabilities that could
include mobile enrollment and advanced technologies. The bill
also would require the Federal Government to produce one report
to Congress at the end of each fiscal year.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would designate the short title of the bill as
the ``TSA PreCheck Expansion Act.''
Section 2. Definitions.
This section would provide relevant definitions of terms
used in the legislation.
Section 3. Enrollment expansion.
This section would require the TSA Administrator to add
multiple private sector application capabilities to the TSA
PreCheck application enrollment standards. These capabilities
would be designed to increase the public's enrollment access to
TSA PreCheck and would include standards that allow the use of
secure technologies, such as online enrollment, kiosks,
tablets, or staffed laptop stations, at which individuals can
apply for entry into TSA PreCheck.
Additionally, this section would require the TSA
Administrator to coordinate with interested parties to deploy
TSA-approved ready-to-market private sector solutions that meet
the TSA PreCheck application enrollment standards. In doing
this, the TSA Administrator would be required to make available
additional TSA PreCheck enrollment capabilities and to partner
with the private sector to collect biographic and biometric
identification information via kiosks, mobile devices, or other
mobile enrollment platforms to facilitate TSA PreCheck
enrollment. Furthermore, the TSA Administrator would have to
ensure that any biometric and biographic information is
collected in a manner comparable with the appropriate standards
developed by the National Institute of Standards and Technology
and protects privacy and data security consistent with the
Privacy Act of 1974 (5 U.S.C. 552(a)) and agency regulations.
This section also would ensure that an individual who wants
to enroll in TSA PreCheck and has started an application with a
single identification verification at one location will be able
to save his or her application and return to submit a second
identification verification. Additionally, any enrollment
expansion using a private sector risk assessment, instead of a
fingerprint-based criminal history records check, would need to
be equivalent to a fingerprint-based criminal history records
check conducted through the FBI, as determined by the Secretary
of Homeland Security.
This section also would require the TSA Administrator to
develop and implement a continual process, including an
associated timeframe, for approving private sector marketing of
TSA PreCheck and to develop a long-term strategy for partnering
with the private sector to encourage enrollment in TSA
PreCheck. This section also would require the TSA Administrator
to submit to Congress a report at the end of each fiscal year
on any TSA PreCheck application fees collected in excess of the
costs of administering such program for the preceding fiscal
year, including to assess the feasibility of TSA PreCheck, and
to include recommendations for using such amounts to support
TSA PreCheck marketing. Additionally, this section would
require the TSA Administrator to coordinate with the heads of
appropriate components of the DHS to leverage DHS-held data and
technologies to verify the citizenship of individuals enrolling
in TSA PreCheck.
This section would further require the TSA Administrator to
ensure that TSA PreCheck screening lanes are open and available
during peak and high-volume travel times at appropriate
airports to individuals enrolled in TSA PreCheck and to make
every practicable effort to provide expedited screening at
standard screening lanes during times when TSA PreCheck
screening lanes are closed to individuals enrolled in TSA
PreCheck. Finally, this section would require the TSA
Administrator to initiate an assessment of the security
vulnerabilities in the vetting process for the TSA PreCheck
Application Program. This assessment would include an
evaluation of whether subjecting TSA 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 TSA PreCheck.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.
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