U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

59–010 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

2016

114–223 

Calendar No. 383 

TSA PRECHECK EXPANSION ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

H.R. 2843 

MARCH 7, 2016.—Ordered to be printed 


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(II) 

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 


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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. 


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1TSA: Security Gaps, Hearing Before the H. Comm. on Oversight and Government Reform, 

114th Cong. (2015). 

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

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 


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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 inVerDate Sep 11 2014 23:10 Mar 08, 2016 Jkt 059010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR223.XXX SR223

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creased 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 prescreening 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 


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applicants to be vetted through a less impactful review of commercially available, non-government data compared to a fingerprintbased 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. 


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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 fingerprintbased 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. 

Æ 


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