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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ONLINE ENROLLMENT FOR PRECHECK PRO4 GRAM. 

5 (a) IN GENERAL.—Section 44919 of title 49, United 

6 States Code, is amended— 

7 (1) by redesignating subsections (e) through (l) 

8 as subsections (f) through (m), respectively; 

9 (2) by inserting after subsection (d) the fol10 lowing: 


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1 ‘‘(e) ONLINE ENROLLMENT PROCESS.—Notwith2 standing subsections (c) and (d), before a private sector 

3 entity with which the Administrator enters into an agree4 ment under subsection (b) may operate under that agree5 ment, the Administrator shall ensure that the entity pro6 vides, as the entity’s primary enrollment technology solu7 tion, a secure end-to-end online web or mobile application 

8 enrollment capability that leverages electronic technologies 

9 to remotely capture biometrics and validate identity docu10 ments.’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(n) ELIGIBILITY OF CERTAIN INDIVIDUALS FOR RE13 NEWAL OF ENROLLMENT.— 

14 ‘‘(1) IN GENERAL.—In carrying out subsection 

15 (e), the Administrator shall ensure that any indi16 vidual who enrolled in the PreCheck Program under 

17 the Universal Enrollment Services program is eligi18 ble for renewal of the individual’s enrollment under 

19 the renewal process of the Universal Enrollment 

20 Services program (as in effect on the day before the 

21 date of the enactment of this subsection). 

22 ‘‘(2) SHARING OF INFORMATION.—The Admin23 istrator shall share with a private sector entity with 

24 which the Administrator enters into an agreement 

25 under subsection (b) information about an individual 


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1 who enrolled in the PreCheck Program under the 

2 Universal Enrollment Services program and whose 

3 enrollment has expired only after— 

4 ‘‘(A) the Administrator provides to the in5 dividual— 

6 ‘‘(i) full disclosure regarding collec7 tion, maintenance, and sharing of the in8 formation; and 

9 ‘‘(ii) the option to opt out of sharing 

10 that information; and 

11 ‘‘(B) the individual provides affirmative 

12 consent for the sharing of that information.’’. 

13 (b) IMPLEMENTATION.— 

14 (1) MEMORANDUM OF UNDERSTANDING RE15 QUIRED.—Not later than 120 days after the date of 

16 the enactment of this Act, the Secretary of Home17 land Security and the Attorney General shall enter 

18 into a memorandum of understanding with respect 

19 to cooperatively evaluating and approving a capa20 bility for remote collection of biometric information 

21 from a mobile device and associated vetting of indi22 viduals’ criminal histories for trusted traveler enroll23 ment programs of the Transportation Security Ad24 ministration. 


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1 (2) PROGRESS REPORT.—Not later than 180 

2 days after entering into the memorandum of under3 standing required under paragraph (1), the Sec4 retary of Homeland Security and the Attorney Gen5 eral shall jointly submit to the Committee on Com6 merce, Science, and Transportation of the Senate 

7 and the Committee on Homeland Security of the 

8 House of Representatives a report on— 

9 (A) the progress made in establishing the 

10 standard for the capability described in para11 graph (1); and 

12 (B) the timeline for approval of the stand13 ard by the Secretary of Commerce and the Di14 rector of the Federal Bureau of Investigation. 

15 (3) IMPLEMENTATION PLAN.—Not later than 

16 180 days after the standard described in paragraph 

17 (2) has been approved by the Secretary of Com18 merce and the Director of the Federal Bureau of In19 vestigation, the Administrator of the Transportation 

20 Security Administration shall submit to Congress 

21 and the Comptroller General of the United States a 

22 plan for the implementation of the enrollment capa23 bility required by subsection (e) of section 44919 of 

24 title 49, United States Code, as added by subsection 

25 (a), that— 


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1 (A) identifies appropriate security and pri2 vacy protections; and 

3 (B) includes a strategy for ensuring that 

4 the private sector entities with which the Ad5 ministrator enters into agreements under sub6 section (b) of such section 44919 will— 

7 (i) operate locations for enrollment in 

8 the PreCheck Program that are geographi9 cally dispersed from locations required for 

10 enrollment under the Universal Enrollment 

11 Services program; or 

12 (ii) otherwise increase enrollment be13 yond existing capabilities and current geo14 graphic markets. 

15 (4) REVIEW BY GOVERNMENT ACCOUNTABILITY

16 OFFICE.— 

17 (A) REVIEW OF STANDARD.—Not later 

18 than 180 days after the standard described in 

19 paragraph (2) has been approved by the Sec20 retary of Commerce and the Director of the 

21 Federal Bureau of Investigation, the Comp22 troller General of the United States shall— 

23 (i) review the standard; and 


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1 (ii) assess its efficacy to be used for 

2 vetting for enrollment in the PreCheck 

3 program. 

4 (B) REVIEW OF IMPLEMENTATION

5 PLAN.—Not later than 180 days after receiving 

6 the plan required by paragraph (3), the Comp7 troller General shall conduct a review of the 

8 plan and the implementation of the plan to en9 sure that appropriate privacy and security pro10 tections are maintained. 

11 (c) RULE OF CONSTRUCTION.—Nothing in this sec12 tion or an amendment made by this section may be con13 strued to preclude an individual enrolled in the PreCheck 

14 Program as of the date of the enactment of this Act from 

15 choosing to enroll in another trusted traveler program of 

16 the Transportation Security Administration. 

Æ 


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