A bill to require online enrollment for the PreCheck Program of the Transportation Security Administration.

II 116TH CONGRESS 2D SESSION S. 4577 To require online enrollment for the PreCheck Program of the Transportation Security Administration. IN THE SENATE OF THE UNITED STATES SEPTEMBER 15, 2020 Mrs. BLACKBURN (for herself and Mr. THUNE) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require online enrollment for the PreCheck Program of the Transportation Security Administration. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. ONLINE ENROLLMENT FOR PRECHECK PRO- 3 GRAM. 4 (a) IN GENERAL.—Section 44919 of title 49, United 5 States Code, is amended— 6 (1) by redesignating subsections (e) through (l) 7 as subsections (f) through (m), respectively; 8 (2) by inserting after subsection (d) the fol- 9 lowing: 10 VerDate Sep 11 2014 19:30 Sep 22, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4577.IS S4577 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4577 IS ‘‘(e) ONLINE ENROLLMENT PROCESS.—Notwith- 1 standing subsections (c) and (d), before a private sector 2 entity with which the Administrator enters into an agree- 3 ment under subsection (b) may operate under that agree- 4 ment, the Administrator shall ensure that the entity pro- 5 vides, as the entity’s primary enrollment technology solu- 6 tion, a secure end-to-end online web or mobile application 7 enrollment capability that leverages electronic technologies 8 to remotely capture biometrics and validate identity docu- 9 ments.’’; and 10 (3) by adding at the end the following: 11 ‘‘(n) ELIGIBILITY OF CERTAIN INDIVIDUALS FOR RE- 12 NEWAL OF ENROLLMENT.— 13 ‘‘(1) IN GENERAL.—In carrying out subsection 14 (e), the Administrator shall ensure that any indi- 15 vidual who enrolled in the PreCheck Program under 16 the Universal Enrollment Services program is eligi- 17 ble for renewal of the individual’s enrollment under 18 the renewal process of the Universal Enrollment 19 Services program (as in effect on the day before the 20 date of the enactment of this subsection). 21 ‘‘(2) SHARING OF INFORMATION.—The Admin- 22 istrator shall share with a private sector entity with 23 which the Administrator enters into an agreement 24 under subsection (b) information about an individual 25 VerDate Sep 11 2014 19:30 Sep 22, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4577.IS S4577 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4577 IS who enrolled in the PreCheck Program under the 1 Universal Enrollment Services program and whose 2 enrollment has expired only after— 3 ‘‘(A) the Administrator provides to the in- 4 dividual— 5 ‘‘(i) full disclosure regarding collec- 6 tion, maintenance, and sharing of the in- 7 formation; and 8 ‘‘(ii) the option to opt out of sharing 9 that information; and 10 ‘‘(B) the individual provides affirmative 11 consent for the sharing of that information.’’. 12 (b) IMPLEMENTATION.— 13 (1) MEMORANDUM OF UNDERSTANDING RE- 14 QUIRED.—Not later than 120 days after the date of 15 the enactment of this Act, the Secretary of Home- 16 land Security and the Attorney General shall enter 17 into a memorandum of understanding with respect 18 to cooperatively evaluating and approving a capa- 19 bility for remote collection of biometric information 20 from a mobile device and associated vetting of indi- 21 viduals’ criminal histories for trusted traveler enroll- 22 ment programs of the Transportation Security Ad- 23 ministration. 24 VerDate Sep 11 2014 19:30 Sep 22, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4577.IS S4577 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4577 IS (2) PROGRESS REPORT.—Not later than 180 1 days after entering into the memorandum of under- 2 standing required under paragraph (1), the Sec- 3 retary of Homeland Security and the Attorney Gen- 4 eral shall jointly submit to the Committee on Com- 5 merce, Science, and Transportation of the Senate 6 and the Committee on Homeland Security of the 7 House of Representatives a report on— 8 (A) the progress made in establishing the 9 standard for the capability described in para- 10 graph (1); and 11 (B) the timeline for approval of the stand- 12 ard by the Secretary of Commerce and the Di- 13 rector of the Federal Bureau of Investigation. 14 (3) IMPLEMENTATION PLAN.—Not later than 15 180 days after the standard described in paragraph 16 (2) has been approved by the Secretary of Com- 17 merce and the Director of the Federal Bureau of In- 18 vestigation, the Administrator of the Transportation 19 Security Administration shall submit to Congress 20 and the Comptroller General of the United States a 21 plan for the implementation of the enrollment capa- 22 bility required by subsection (e) of section 44919 of 23 title 49, United States Code, as added by subsection 24 (a), that— 25 VerDate Sep 11 2014 19:30 Sep 22, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4577.IS S4577 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4577 IS (A) identifies appropriate security and pri- 1 vacy protections; and 2 (B) includes a strategy for ensuring that 3 the private sector entities with which the Ad- 4 ministrator enters into agreements under sub- 5 section (b) of such section 44919 will— 6 (i) operate locations for enrollment in 7 the PreCheck Program that are geographi- 8 cally dispersed from locations required for 9 enrollment under the Universal Enrollment 10 Services program; or 11 (ii) otherwise increase enrollment be- 12 yond existing capabilities and current geo- 13 graphic markets. 14 (4) REVIEW BY GOVERNMENT ACCOUNTABILITY 15 OFFICE.— 16 (A) REVIEW OF STANDARD.—Not later 17 than 180 days after the standard described in 18 paragraph (2) has been approved by the Sec- 19 retary of Commerce and the Director of the 20 Federal Bureau of Investigation, the Comp- 21 troller General of the United States shall— 22 (i) review the standard; and 23 VerDate Sep 11 2014 19:30 Sep 22, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4577.IS S4577 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 4577 IS (ii) assess its efficacy to be used for 1 vetting for enrollment in the PreCheck 2 program. 3 (B) REVIEW OF IMPLEMENTATION 4 PLAN.—Not later than 180 days after receiving 5 the plan required by paragraph (3), the Comp- 6 troller General shall conduct a review of the 7 plan and the implementation of the plan to en- 8 sure that appropriate privacy and security pro- 9 tections are maintained. 10 (c) RULE OF CONSTRUCTION.—Nothing in this sec- 11 tion or an amendment made by this section may be con- 12 strued to preclude an individual enrolled in the PreCheck 13 Program as of the date of the enactment of this Act from 14 choosing to enroll in another trusted traveler program of 15 the Transportation Security Administration. 16 Æ VerDate Sep 11 2014 19:30 Sep 22, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S4577.IS S4577 pamtmann on DSKBC07HB2PROD with BILLS