49–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–221 

TSA PRECHECK EXPANSION ACT 

JULY 22, 2015.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. MCCAUL, from the Committee on Homeland Security, 

submitted the following 

R E P O R T 

[To accompany H.R. 2843] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom 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, report 

favorably thereon with an amendment and recommend that the bill 

as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 3 

Background and Need for Legislation .................................................................... 3 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 4 

Committee Votes ...................................................................................................... 5 

Committee Oversight Findings ............................................................................... 5 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 5 

Congressional Budget Office Estimate ................................................................... 5 

Statement of General Performance Goals and Objectives .................................... 6 

Duplicative Federal Programs ................................................................................ 6 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 6 

Federal Mandates Statement ................................................................................. 6 

Preemption Clarification ......................................................................................... 6 

Disclosure of Directed Rule Makings ..................................................................... 7 

Advisory Committee Statement .............................................................................. 7 

Applicability to Legislative Branch ........................................................................ 7 

Section-by-Section Analysis of the Legislation ...................................................... 7 

Changes in Existing Law Made by the Bill, as Reported ..................................... 8 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 


emcdonald on DSK67QTVN1PROD with HEARING
2 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘TSA PreCheck Expansion Act’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of 

the Transportation Security Administration. 

(2) DEPARTMENT.—The term ‘‘Department’’ means the Department of Homeland Security. 

(3) TSA.—The term ‘‘TSA’’ means the Transportation Security Administration. 

SEC. 3. ENROLLMENT EXPANSION. 

(a) IN GENERAL.—Not later than 90 days after the date of the enactment of this 

Act, the Administrator shall publish PreCheck application enrollment standards to 

add multiple private sector application capabilities for the TSA PreCheck program 

to increase the public’s enrollment access to such program, including standards that 

allow the use of secure technologies, including online enrollment, kiosks, tablets, or 

staffed laptop stations at which individuals can apply for entry into such program. 

(b) REQUIREMENTS.—Upon publication of the PreCheck program application enrollment standards pursuant to subsection (a), the Administrator shall— 

(1) coordinate with interested parties to deploy TSA-approved ready-to-market 

private sector solutions that meet the TSA PreCheck application enrollment 

standards described in paragraph (1), make available additional PreCheck enrollment capabilities, and offer secure online and mobile enrollment opportunities; 

(2) partner with the private sector to collect biographic and biometric identification information via kiosks, mobile devices, or other mobile enrollment platforms to reduce the number of instances in which passengers need to travel to 

enrollment centers; 

(3) ensure that the kiosks, mobile devices, or other mobile enrollment platforms referred to in paragraph (3) are certified as secure and not vulnerable to 

data breaches; 

(4) ensure that any biometric and biographic information is collected in a 

manner which ensures privacy and data security protections, including that applicants’ personally identifiable information is handled only by individuals who 

have been properly vetted; 

(5) ensure that an individual who wants to enroll in the PreCheck program 

and has started an application with a single identification verification at one 

location will be able to save such individual’s application on any kiosk, personal 

computer, mobile device, or other mobile enrollment platform and be able to return within a reasonable time to submit a second identification verification; and 

(6) ensure that any enrollment expansion using a private sector risk assessment instead of a fingerprint-based criminal history records check is be determined, by the Administrator, to be equivalent to a fingerprint-based criminal 

history records check conducted through the Federal Bureau of Investigation. 

(c) MARKETING OF PRECHECK PROGRAM.—Upon publication of PreCheck program 

application enrollment standards pursuant to subsection (a), the Administrator 

shall— 

(1) in accordance with the standards described in paragraph (1) of subsection 

(a), develop and implement— 

(A) a process, including an associated timeframe, for approving private 

sector marketing of the TSA PreCheck program; and 

(B) a strategy for partnering with the private sector to encourage enrollment in such program; and 

(2) submit to Congress a report on any PreCheck fees collected in excess of 

the costs of administering such program, including recommendations for using 

such amounts to support marketing of such program under this subsection. 

(d) IDENTITY VERIFICATION ENHANCEMENT.—Not later than 90 days after the date 

of the enactment of this Act, the Administrator shall— 

(1) coordinate with the heads of appropriate components of the Department 

to leverage Department-held data and technologies to verify the citizenship of 

individuals enrolling in the TSA PreCheck program; and 

(2) partner with the private sector to use advanced biometrics and NIST 800– 

63–2 identity proofing standards to facilitate enrollment in such program. 

(e) PRECHECK LANE OPERATION.—The Administrator shall— 

(1) ensure that TSA PreCheck screening lanes are open and available during 

peak and high-volume travel times at airports to individuals enrolled in the 

PreCheck program; and 


emcdonald on DSK67QTVN1PROD with HEARING
3 

(2) make every practicable effort to provide expedited screening at standard 

screening lanes during times when PreCheck screening lanes are closed to individuals enrolled in such program in order to maintain operational efficiency. 

(f) VETTING FOR PRECHECK PARTICIPANTS.—Not later than 90 days after the date 

of the enactment of this Act, the Administrator shall initiate an assessment of the 

security vulnerabilities in the vetting process for the PreCheck program that includes an evaluation of whether subjecting 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 the PreCheck program. 

PURPOSE AND SUMMARY

The purpose of H.R. 2843 is to require certain improvements in 

the Transportation Security Administration’s PreCheck expedited 

screening program, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

Since the program’s inception in 2011, TSA PreCheck has seen 

rapid growth in popularity and utilization, and has been the cornerstone of TSA’s risk-based security efforts. While the program 

has helped TSA achieve a number of cost and operational efficiencies, TSA has relied too heavily on alternate forms of granting 

passengers expedited PreCheck screening. These alternate methods, known as Managed Inclusion and Risk Assessment, have 

caused confusion among travelers and have come at the expense of 

comprehensive efforts by TSA to focus on expanding full enrollment 

and converting ‘‘unknown’’ passengers into ‘‘known’’ travelers. 

The ‘‘TSA PreCheck Expansion Act’’ forces TSA to concentrate on 

enrolling more people in the program by coordinating and 

leveraging the capabilities and resources of the private sector in a 

secure, responsible manner. The bill also requires TSA to take 

steps to effectively and robustly market the program and leverage 

existing Department of Homeland Security data for identification 

purposes, all while working to enhance recurrent vetting capabilities for those enrolled in the program, in order to maintain the program’s security and integrity. The bill is based on the Committee’s 

priorities for enhancing risk-based security at TSA, as well as industry stakeholder feedback. 

HEARINGS

113th Congress 

On March 14, 2013, the Subcommittee on Transportation Security held a hearing entitled ‘‘TSA’s Efforts to Advance Risk-Based 

Security.’’ The Subcommittee received testimony from Hon. John 

S. Pistole, Administrator, Transportation Security Administration, 

Department of Homeland Security. 

The Subcommittee on Transportation Security held a second 

hearing on April 11, 2013, entitled ‘‘TSA’s Efforts to Advance Risk– 

Based Security: Stakeholder Perspectives.’’ The Subcommittee received testimony from Mr. Ken Dunlap, Global Director, Security 

& Travel Facilitation, International Air Transport Association; 

Ms. Sharon L. Pinkerton, Senior Vice President, Legislative and 

Regulatory Policy, Airlines for America; Mr. Geoff Freeman, Chief 

Operating Officer and Executive Vice President, U.S. Travel Association; Mr. Michael C. Mullen, Executive Director, Express Association of America; Mr. Christopher U. Browne, Airport Manager, 


emcdonald on DSK67QTVN1PROD with HEARING
4 

Washington Dulles International Airport, testifying on behalf of the 

American Association of Airport Executives; and Mr. David A. 

Borer, General Counsel, American Federation of Government Employees. This hearing was the second in a two-part 

114th Congress 

On March 25, 2015, the Subcommittee on Transportation Security held a hearing entitled ‘‘Risk-Based Security: Assessing the 

Path Forward for TSA Pre✔TM.’’ The Subcommittee received testimony from Hon. John Roth, Inspector General, U.S. Department of 

Homeland Security; Mr. Kenneth Fletcher, Chief Risk Officer, 

Transportation Security Administration, U.S. Department of Homeland Security; and Ms. Jennifer Grover, Director, Homeland Security and Justice, U.S. Government Accountability Office. 

COMMITTEE CONSIDERATION

The Committee met on June 23, 2015, to consider H.R. 2843, and 

ordered the measure to be reported to the House with a favorable 

recommendation, amended, by voice vote. The Committee took the 

following actions: 

The following amendments were offered: 

An amendment by MR. THOMPSON of Mississippi (#1); was 

AGREED TO by voice vote. 

Page 2, line 11, strike ‘‘shall-’’ and all that follows through ‘‘establish’’ on line 12 

and insert the following (and conform the margins appropriately): ‘‘shall publish’’. 

Page 2, line 19, strike the semicolon and insert a period. 

Page 2, beginning line 20, insert the following (and redesignate subsequent subsections accordingly): ‘‘(b) requirements.’’ 

Page 2, beginning line 20, redesignate paragraphs (2) through (5) as paragraphs 

(1) through (4), respectively. 

Page 3, beginning line 19, strike ‘‘Not later than 90 days after the date of enactment of this Act,’’ and insert ‘‘Upon publication of PreCheck program application enrollment standards pursuant to subsection (a),’’ 

Page 4, line 18, strike ‘‘who want to enroll’’ and insert ‘‘enrolling’’. 

Page 5, line 10, amend subsection (f) (as so redesignated) with a new subsection 

entitled ‘‘(f) Vetting for Precheck Participants.’’ 

An en bloc amendment by MR. THOMPSON of Mississippi (#2); was 

AGREED TO by voice vote. 

Consisting of the following amendments: 

An amendment by MS. LORETTA SANCHEZ of California: 

Page 3, line 12, strike ‘‘and’’ at the end. 

Page 3, line 18, strike the period and insert ‘‘; and’’. 

Page 3, beginning line 19, insert the following: Page 3, beginning line 19, insert 

the following: 

(6) ensure that an individual who wants to enroll in the PreCheck program and 

has started an application with a single identification verification at one location 

will be able to save such individual’s application on any kiosk, personal computer, 

mobile device, or other mobile enrollment platform and be able to return within a 

reasonable time to submit a second identification verification. 

An amendment by MS. LORETTA SANCHEZ of California: 

Page 3, line 12, strike ‘‘and’’ at the end. 

Page 3, line 18, strike the period and insert ‘‘; and’’. 

Page 3, beginning line 19, insert the following: 

(6) ensure that any enrollment expansion using a private sector risk assessment 

instead of a fingerprint-based criminal history records check is be determined, by 

the Administrator, to be equivalent to a fingerprint-based criminal history records 

check conducted through the Federal Bureau of Investigation.; 


emcdonald on DSK67QTVN1PROD with HEARING
5 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the recorded votes on the motion to report legislation and amendments thereto. 

No recorded votes were requested during consideration of 

H.R. 2843. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee has held oversight hearings and 

made findings that are reflected in this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 2843, the 

TSA PreCheck Expansion Act, would result in no new or increased 

budget authority, entitlement authority, or tax expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, July 17, 2015. 

Hon. MICHAEL MCCAUL, 

Chairman, Committee on Homeland Security, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2843, the TSA PreCheck 

Expansion Act. 

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

to provide them. The CBO staff contact is Megan Carroll, who can 

be reached at 226–2860. 

Sincerely, 

KEITH HALL. 

Enclosure. 

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 


emcdonald on DSK67QTVN1PROD with HEARING
6 

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 increased 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. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, H.R. 2843 contains the following general performance goals and objectives, including outcome related goals and 

objectives authorized. 

This bill requires the Administrator of TSA to submit a report 

to Congress on any PreCheck fees collected in excess of the costs 

of administering such program, including recommendations for 

using such amount to support marketing of such program under 

this subsection. 

DUPLICATIVE FEDERAL PROGRAMS

Pursuant to clause 3(c) of rule XIII, the Committee finds that 

H.R. 2843 does not contain any provision that establishes or reauthorizes a program known to be duplicative of another Federal program. 

CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED

TARIFF BENEFITS

In compliance with rule XXI of the Rules of the House of Representatives, this bill, as reported, contains no congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(e), 9(f), or 9(g) of the rule XXI. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

PREEMPTION CLARIFICATION

In compliance with section 423 of the Congressional Budget Act 

of 1974, requiring the report of any Committee on a bill or joint 

resolution to include a statement on the extent to which the bill or 

joint resolution is intended to preempt State, local, or Tribal law, 

the Committee finds that H.R. 2843 does not preempt any State, 

local, or Tribal law. 


emcdonald on DSK67QTVN1PROD with HEARING
7 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that H.R. 2843 would require no directed rule makings. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

This section provides that bill may be cited as the ‘‘TSA 

PreCheck Expansion Act’’. 

Section 2. Definitions 

This section lays out definitions for the terms ‘‘Administrator,’’ 

‘‘Department,’’ and ‘‘TSA.’’ 

Section 3. Enrollment expansion 

This section directs the Administrator within 90 days of enactment to publish PreCheck application enrollment standards to add 

and deploy multiple private sector application capabilities (including standards that allow the use of secure technologies such as kiosks or tablets), and upon publication of such standards to coordinate with interested parties to deploy TSA-approved ready-to-market private sector solutions that meet TSA enrollment standards, 

and collect biographic and biometric identification information. Additionally, this section requires that TSA ensure that the devices 

used to collect this information are not vulnerable to data breaches 

and that the information is collected in a manner which ensures 

privacy and data security protections. The Committee does not expect the Department or the Administration to develop an unnecessary certification process for ensuring data protections, but that the 

Administration will implement best practices and make every reasonable effort to ensure that mobile enrollment platforms are able 

to securely process data. 

This section additionally requires that any individual who wants 

to enroll in the PreCheck program and has started an application 

with a single identification verification at one location will be able 

to save their application on any kiosk, personal computer, mobile 

device or other enrollment platform and return within a reasonable 

time frame to submit a second identification verification. Finally, 

this section requires the Administrator to ensure that any enrollment expansion using a private sector risk assessment instead of 

a fingerprint-based criminal history records check is determined to 

be equivalent to a fingerprint-based criminal history records check 

conducted through the FBI. 


emcdonald on DSK67QTVN1PROD with HEARING
8 

This section also directs the Administrator within 90 days of enactment to develop a process and timeframe for approving private 

sector marketing of the TSA PreCheck program and a strategy for 

partnering with the private sector to encourage enrollment. This 

section also requires the Administrator to submit a report to Congress on any TSA PreCheck fees in excess of administration costs 

and recommendations on how those fees can be used to support 

marketing efforts for the program. 

This section requires the Administrator to coordinate with the 

heads of appropriate components of the Department of Homeland 

Security to leverage Department-held data and technologies to 

verify the citizenship of individuals who want to enroll in the TSA 

PreCheck program and partner with the private sector to use advanced biometric and identity proofing standards to facilitate enrollment in such program. 

This section requires the Administrator to ensure that TSA 

PreCheck screening lanes are open and available during peak and 

high-volume travel times at airports and to make every practicable 

effort to provide expedited screening at standard screening lanes 

during times when PreCheck lanes are closed for those individuals 

who are enrolled in the program. The Committee recognizes that 

standards labeling and metrics for the National Institutes for 

Standards and Technology periodically change and expects TSA to 

conform and enhance standards in accordance with NIST standards. 

This section requires the Administrator within 90 days of enactment to initiate an assessment of the security vulnerabilities in the 

vetting process for the PreCheck program that includes an evaluation of whether subjecting PreCheck participants to recurrent fingerprint-based criminal history records checks, in addition to recurrent checks against the terrorist screening database, could be done 

in a cost effective manner. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

As reported, H.R. 2843 makes no changes to exisiting law. 

Æ 


emcdonald on DSK67QTVN1PROD with HEARING