Title: A bill to require online enrollment for the PreCheck Program of the Transportation Security Administration.
Policy area: Transportation and Public Works

Summary:
This bill directs the Transportation Security Administration (TSA) to ensure that private sector entities administering the TSA PreCheck Program provide a secure end-to-end online web or mobile application enrollment capability that leverages electronic technologies to remotely capture biometrics and validate identity documents. (The PreCheck Program allows pre-approved passengers to use expedited security lanes at passenger screening checkpoints in airports.)
The TSA must also ensure that any individual who enrolled in the PreCheck Program under the Universal Enrollment Services program is eligible for renewal of the individual's enrollment under the renewal process of the Universal Enrollment Services program.
The Department of Homeland Security and the Department of Justice must enter into a memorandum of understanding with respect to cooperatively evaluating and approving a capability for remote collection of biometric information from a mobile device and associated vetting of individuals' criminal histories for trusted traveler enrollment programs of the TSA.
The TSA must submit a plan for the implementation of the new online enrollment capability that (1) identifies appropriate security and privacy protections; and (2) includes a strategy for ensuring that the private sector entities administering the PreCheck Program operate locations for enrollment that are geographically dispersed from locations required for enrollment under the Universal Enrollment Services program, or otherwise increase enrollment beyond existing capabilities and current geographic markets.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4577 Introduced in Senate (IS)]

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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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. ONLINE ENROLLMENT FOR PRECHECK PROGRAM.

    (a) In General.--Section 44919 of title 49, United States Code, is 
amended--
            (1) by redesignating subsections (e) through (l) as 
        subsections (f) through (m), respectively;
            (2) by inserting after subsection (d) the following:
    ``(e) Online Enrollment Process.--Notwithstanding subsections (c) 
and (d), before a private sector entity with which the Administrator 
enters into an agreement under subsection (b) may operate under that 
agreement, the Administrator shall ensure that the entity provides, as 
the entity's primary enrollment technology solution, a secure end-to-
end online web or mobile application enrollment capability that 
leverages electronic technologies to remotely capture biometrics and 
validate identity documents.''; and
            (3) by adding at the end the following:
    ``(n) Eligibility of Certain Individuals for Renewal of 
Enrollment.--
            ``(1) In general.--In carrying out subsection (e), the 
        Administrator shall ensure that any individual who enrolled in 
        the PreCheck Program under the Universal Enrollment Services 
        program is eligible for renewal of the individual's enrollment 
        under the renewal process of the Universal Enrollment Services 
        program (as in effect on the day before the date of the 
        enactment of this subsection).
            ``(2) Sharing of information.--The Administrator shall 
        share with a private sector entity with which the Administrator 
        enters into an agreement under subsection (b) information about 
        an individual who enrolled in the PreCheck Program under the 
        Universal Enrollment Services program and whose enrollment has 
        expired only after--
                    ``(A) the Administrator provides to the 
                individual--
                            ``(i) full disclosure regarding collection, 
                        maintenance, and sharing of the information; 
                        and
                            ``(ii) the option to opt out of sharing 
                        that information; and
                    ``(B) the individual provides affirmative consent 
                for the sharing of that information.''.
    (b) Implementation.--
            (1) Memorandum of understanding required.--Not later than 
        120 days after the date of the enactment of this Act, the 
        Secretary of Homeland Security and the Attorney General shall 
        enter into a memorandum of understanding with respect to 
        cooperatively evaluating and approving a capability for remote 
        collection of biometric information from a mobile device and 
        associated vetting of individuals' criminal histories for 
        trusted traveler enrollment programs of the Transportation 
        Security Administration.
            (2) Progress report.--Not later than 180 days after 
        entering into the memorandum of understanding required under 
        paragraph (1), the Secretary of Homeland Security and the 
        Attorney General shall jointly submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Homeland Security of the House of Representatives 
        a report on--
                    (A) the progress made in establishing the standard 
                for the capability described in paragraph (1); and
                    (B) the timeline for approval of the standard by 
                the Secretary of Commerce and the Director of the 
                Federal Bureau of Investigation.
            (3) Implementation plan.--Not later than 180 days after the 
        standard described in paragraph (2) has been approved by the 
        Secretary of Commerce and the Director of the Federal Bureau of 
        Investigation, the Administrator of the Transportation Security 
        Administration shall submit to Congress and the Comptroller 
        General of the United States a plan for the implementation of 
        the enrollment capability required by subsection (e) of section 
        44919 of title 49, United States Code, as added by subsection 
        (a), that--
                    (A) identifies appropriate security and privacy 
                protections; and
                    (B) includes a strategy for ensuring that the 
                private sector entities with which the Administrator 
                enters into agreements under subsection (b) of such 
                section 44919 will--
                            (i) operate locations for enrollment in the 
                        PreCheck Program that are geographically 
                        dispersed from locations required for 
                        enrollment under the Universal Enrollment 
                        Services program; or
                            (ii) otherwise increase enrollment beyond 
                        existing capabilities and current geographic 
                        markets.
            (4) Review by government accountability office.--
                    (A) Review of standard.--Not later than 180 days 
                after the standard described in paragraph (2) has been 
                approved by the Secretary of Commerce and the Director 
                of the Federal Bureau of Investigation, the Comptroller 
                General of the United States shall--
                            (i) review the standard; and
                            (ii) assess its efficacy to be used for 
                        vetting for enrollment in the PreCheck program.
                    (B) Review of implementation plan.--Not later than 
                180 days after receiving the plan required by paragraph 
                (3), the Comptroller General shall conduct a review of 
                the plan and the implementation of the plan to ensure 
                that appropriate privacy and security protections are 
                maintained.
    (c) Rule of Construction.--Nothing in this section or an amendment 
made by this section may be construed to preclude an individual 
enrolled in the PreCheck Program as of the date of the enactment of 
this Act from choosing to enroll in another trusted traveler program of 
the Transportation Security Administration.
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