U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

79–010 

" ! SENATE 115TH CONGRESS

2d Session 

REPORT

2018

115–334 

Calendar No. 566 

SCREENING AND VETTING PASSENGER 

EXCHANGE ACT 

R E P O R T 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

H.R. 4581 

TO REQUIRE THE SECRETARY OF HOMELAND SECURITY TO 

DEVELOP BEST PRACTICES FOR UTILIZING ADVANCED 

PASSENGER INFORMATION AND PASSENGER NAME RECORD DATA 

FOR COUNTERTERRORISM SCREENING AND VETTING 

OPERATIONS, AND FOR OTHER PURPOSES 

SEPTEMBER 4, 2018.—Ordered to be printed 


congress.#13
(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

RON JOHNSON, Wisconsin, Chairman 

JOHN MCCAIN, Arizona 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JAMES LANKFORD, Oklahoma 

MICHAEL B. ENZI, Wyoming 

JOHN HOEVEN, North Dakota 

STEVE DAINES, Montana 

CLAIRE MCCASKILL, Missouri 

THOMAS R. CARPER, Delaware 

HEIDI HEITKAMP, North Dakota 

GARY C. PETERS, Michigan 

MAGGIE HASSAN, New Hampshire 

KAMALA D. HARRIS, California 

DOUG JONES, Alabama 

CHRISTOPHER R. HIXON, Staff Director 

GABRIELLE D’ADAMO SINGER, Chief Counsel 

MELISSA C. EGRED, Professional Staff Member 

MARGARET E. DAUM, Minority Staff Director 

CHARLES A. MOSKOWITZ, Minority Senior Legislative Counsel 

SUBHASRI RAMANATHAN, Minority Counsel 

LAURA W. KILBRIDE, Chief Clerk 

Calendar No. 566 

115TH CONGRESS REPORT " ! SENATE 2d Session 115–334 

SCREENING AND VETTING PASSENGER EXCHANGE ACT 

SEPTEMBER 4, 2018.—Ordered to be printed 

Mr. JOHNSON, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany H.R. 4581] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred the bill (H.R. 4581) to require the Secretary 

of Homeland Security to develop best practices for utilizing advanced passenger information and passenger name record data for 

counterterrorism screening and vetting operations, 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. 

CONTENTS 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background and Need for the Legislation ................................................... 2 

III. Legislative History ......................................................................................... 3 

IV. Section-by-Section Analysis .......................................................................... 3 

V. Evaluation of Regulatory Impact .................................................................. 3 

VI. Congressional Budget Office Cost Estimate ................................................ 4 

VII. Changes in Existing Law Made by the Act, as Reported ........................... 4 

I. PURPOSE AND SUMMARY

H.R. 4581, the Screening and Vetting Passenger Exchange Act of 

2017, requires the Secretary of Homeland Security to develop best 

practices for the Department of Homeland Security (DHS or the 

Department) when using passenger name record data and advance 

passenger information for counterterrorism screening and vetting 

operations. It also directs DHS to make unclassified versions of 

best practices available to Visa Waiver Program (VWP) countries 

2 

1 2012 O.J. (L 174) 1, available at https://eur-lex.europa.eu/legal-content/en/TXT/ 

?uri=CELEX:22012X0704(01). 2The Visa Waiver Program allows temporary visitors from certain European countries to 

enter the United States as nonimmigrant visitors for business or pleasure without obtaining a 

visa. The VWP sets a standard for participating countries; travelers are required to present epassports (passports with a chip containing biometric information), requires information sharing 

on criminal and security concerns, and requires reporting on lost and stolen travel documents. 3Strengthening the Visa Waiver Program After the Paris Attacks: Roundtable Before the S. 

Comm. On Homeland Sec. & Governmental Affairs, 114th Cong. (2015), available at https:// 

www.hsgac.senate.gov/hearings/roundtable_-strengthening-the-visa-waiver-program-after-theparis-attacks. 4The Security of U.S. Visa Program: Hearing Before the S. Comm. On Homeland Sec. & Governmental Affairs, 114th Cong. (2016), available at https://www.hsgac.senate.gov/hearings/thesecurity-of-us-visa-programs. 

and other appropriate countries, and provide assistance to those 

countries in implementing such best practices. 

II. BACKGROUND AND THE NEED FOR LEGISLATION

DHS’s Customs and Border Protection and Transportation Security Administration use advance passenger information data and 

passenger name record data to confirm a traveler’s identity and 

their travel patterns before the passenger enters the United States. 

These data sets are vital to identify travelers with potential ties to 

criminal organizations and terrorist groups and to determine 

whether stopping them from traveling is necessary. In addition to 

our own data, the European Union agreed in 2012 to provide passenger name record data for passengers flying to the United States 

to ensure safety and prevent transnational crime and terrorism, 

and on guidelines for the use and transfer of the information.1 This 

agreement allowed DHS to receive additional information on passengers flying to the United States. 

Currently, the United States has not developed best practices for 

using passenger data. Identifying best practices will allow DHS 

and its components to screen and vet travelers in the most effective 

and efficient way. 

Additionally, many of our allies, including those that participate 

in the VWP,2 do not have the capabilities or procedures needed to 

utilize this sort of advanced data for screening and vetting purposes. 

The Committee has held several hearings examining the need for 

strong information sharing with partner governments to identify 

and screen potential security threats. For example, in 2015, the 

Committee held a roundtable with officials from the Department, 

U.S. Customs and Border Protection, and the U.S. Department of 

State, as well as a private sector expert, about the VWP.3 Participants discussed the need to enhance the VWP in light of the recent 

terrorist attacks in Europe, including the November 13, 2015 terrorist attacks in Paris, France. Dr. Marc Frey, who previously 

served as the Director of the VWP from 2007–2010, explained that 

‘‘DHS and Congress must ensure that participating countries are 

fully meeting their information-sharing obligations.’’ In 2016, the 

Committee held a hearing with officials from the Department of 

State, U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, and the DHS Inspector General 

about the security of visa programs in the United States. Witnesses 

discussed the roles they play in determining if an applicant is eligible for a visa and the need to enhance screening.4

3 

The Act would direct DHS to improve information sharing and 

screening by and with foreign partners by sharing best practices 

and assisting countries with the implementation of those best practices. By sharing unclassified versions of these best practices with 

countries that participate in the VPM, and others as appropriate, 

we will help limit the travel of individuals who may pose a threat 

before they arrive in the United States, and assist in strengthening 

the security of the partner country. 

III. LEGISLATIVE HISTORY

Representative Brian Fitzpatrick (R–PA–8) introduced H.R. 

4581, the Screening and Vetting Passenger Exchange Act of 2017, 

on December 7, 2017, with Rep. Kathleen Rice (D–NY–4), Rep. 

John Katko (R–NY–24), Rep. Mike Gallagher (R–WI–8), Rep. Clay 

Higgins (R–LA–3), Rep. John Rutherford (R–FL–4), Rep. Thomas 

Garrett Jr. (R–VA–5), and Rep. Michael McCaul (R–TX–10). On 

December 12, 2017, Rep. Bonnie Watson Coleman (D–NJ–12) and 

Rep. Val Butler Demings (D–FL–10) joined as cosponsors of the 

bill. On January 9, 2018, H.R. 4581 passed the House by a vote of 

415 to 1. 

H.R. 4581 was referred to the Committee on Homeland Security 

and Governmental Affairs. The Committee considered the Act at a 

business meeting on June 13, 2018. During the business meeting, 

a substitute amendment was offered by Chairman Ron Johnson. 

The bill and the substitute amendment were agreed to by voice 

vote en bloc. Senators Johnson, Portman, Lankford, Enzi, McCaskill, Carper, Peters, Hassan, Harris and Jones were present for 

both votes. 

IV. SECTION-BY-SECTION ANALYSIS OF THE ACT, AS REPORTED

Section 1. Short title 

This section establishes the short title of the Act as the ‘‘Screening and Vetting Passenger Exchange Act of 2017.’’ 

Section 2. Passenger screening best practices 

Subsection (a) directs DHS to develop best practices for using 

passenger name record data and advanced passenger information 

for the purpose of counterterrorism screening and vetting. 

Subsection (b) requires that DHS, to the greatest extent practicable, make available unclassified versions of best practices to appropriate countries, including VWP countries, and assist those 

countries with implementing the best practices. 

V. EVALUATION OF REGULATORY IMPACT

Pursuant to the requirements of paragraph 11(b) of rule XXVI of 

the Standing Rules of the Senate, the Committee has considered 

the regulatory impact of this Act and determined that the Act will 

have no regulatory impact within the meaning of the rules. The 

Committee agrees with the Congressional Budget Office’s statement that the Act contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act 

(UMRA) and would impose no costs on state, local, or tribal governments. 

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VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, June 22, 2018. 

Hon. RON JOHNSON, 

Chairman, Committee on Homeland Security and Governmental Affairs, U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4581, the Screening and 

Vetting Passenger Exchange Act of 2017. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz. 

Sincerely, 

KEITH HALL, 

Director. 

Enclosure. 

H.R. 4581—Screening and Vetting Passenger Exchange Act of 2017 

H.R. 4581 would require the Department of Homeland Security 

(DHS) to develop effective practices for screening certain people entering the United States through the review of information provided by those travelers. The act would direct DHS to share those 

practices with certain other countries. DHS is currently carrying 

out activities similar to those that would be required by the act; 

thus, CBO estimates that implementing H.R. 4581 would not significantly affect spending by DHS. 

Enacting H.R. 4581 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting H.R. 4581 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2029. 

H.R. 4581 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

On February 12, 2018, CBO transmitted a cost estimate for H.R. 

4581 as passed by the House of Representatives on January 9, 

2018. CBO’s estimates of the budgetary effects of the two versions 

of the legislation are the same. 

The CBO staff contact for this estimate is Mark Grabowicz. The 

estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

VII. CHANGES IN EXISTING LAW MADE BY THE ACT, AS REPORTED

Because H.R. 4581 would not repeal or amend any provision of 

current law, it would not make changes in existing law within the 

meaning of clauses (a) and (b) of paragraph 12 of rule XXVI of the 

Standing Rules of the Senate. 

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