II 

Calendar No. 383 

114TH CONGRESS 

2D SESSION H. R. 2843 

[Report No. 114–223] 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2015 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

MARCH 7, 2016 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

To require certain improvements in the Transportation Security Administration’s PreCheck expedited screening program, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘TSA PreCheck Expan5 sion Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Transpor3 tation Security Administration. 

4 (2) DEPARTMENT.—The term ‘‘Department’’ 

5 means the Department of Homeland Security. 

6 (3) TSA.—The term ‘‘TSA’’ means the Trans7 portation Security Administration. 

8 SEC. 3. ENROLLMENT EXPANSION. 

9 (a) IN GENERAL.—Not later than 90 days after the 

10 date of the enactment of this Act, the Administrator shall 

11 publish PreCheck application enrollment standards to add 

12 multiple private sector application capabilities for the TSA 

13 PreCheck program to increase the public’s enrollment ac14 cess to such program, including standards that allow the 

15 use of secure technologies, including online enrollment, ki16 osks, tablets, or staffed laptop stations at which individ17 uals can apply for entry into such program. 

18 (b) REQUIREMENTS.—Upon publication of the 

19 PreCheck program application enrollment standards pur20 suant to subsection (a), the Administrator shall— 

21 (1) coordinate with interested parties to deploy 

22 TSA-approved ready-to-market private sector solu23 tions that meet the TSA PreCheck application en24 rollment standards described in paragraph (1), make 

25 available additional PreCheck enrollment capabiliVerDate Sep 11 2014 21:47 Mar 07, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\H2843.RS H2843

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1 ties, and offer secure online and mobile enrollment 

2 opportunities; 

3 (2) partner with the private sector to collect 

4 biographic and biometric identification information 

5 via kiosks, mobile devices, or other mobile enroll6 ment platforms to reduce the number of instances in 

7 which passengers need to travel to enrollment cen8 ters; 

9 (3) ensure that the kiosks, mobile devices, or 

10 other mobile enrollment platforms referred to in 

11 paragraph (3) are certified as secure and not vulner12 able to data breaches; 

13 (4) ensure that any biometric and biographic 

14 information is collected in a manner which is com15 parable with the National Institute of Standards and 

16 Technology standards and ensures privacy and data 

17 security protections, including that applicants’ per18 sonally identifiable information is collected, retained, 

19 used, and shared in a manner consistent with sec20 tion 552a of title 5, United States Code (commonly 

21 known as ‘‘Privacy Act of 1974’’), and agency regu22 lations; 

23 (5) ensure that an individual who wants to en24 roll in the PreCheck program and has started an ap25 plication with a single identification verification at 


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1 one location will be able to save such individual’s ap2 plication on any kiosk, personal computer, mobile 

3 device, or other mobile enrollment platform and be 

4 able to return within a reasonable time to submit a 

5 second identification verification; and 

6 (6) ensure that any enrollment expansion using 

7 a private sector risk assessment instead of a finger8 print-based criminal history records check is deter9 mined, by the Secretary of Homeland Security, to be 

10 equivalent to a fingerprint-based criminal history 

11 records check conducted through the Federal Bu12 reau of Investigation. 

13 (c) MARKETING OF PRECHECK PROGRAM.—Upon 

14 publication of PreCheck program application enrollment 

15 standards pursuant to subsection (a), the Administrator 

16 shall— 

17 (1) in accordance with the standards described 

18 in paragraph (1) of subsection (a), develop and im19 plement— 

20 (A) a process, including an associated 

21 timeframe, for approving private sector mar22 keting of the TSA PreCheck program; and 

23 (B) a strategy for partnering with the pri24 vate sector to encourage enrollment in such pro25 gram; and 


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1 (2) submit to Congress a report on any 

2 PreCheck fees collected in excess of the costs of ad3 ministering such program, including recommenda4 tions for using such amounts to support marketing 

5 of such program under this subsection. 

6 (d) IDENTITY VERIFICATION ENHANCEMENT.—Not 

7 later than 90 days after the date of the enactment of this 

8 Act, the Administrator shall— 

9 (1) coordinate with the heads of appropriate 

10 components of the Department to leverage Depart11 ment-held data and technologies to verify the citizen12 ship of individuals enrolling in the TSA PreCheck 

13 program; and 

14 (2) partner with the private sector to use ad15 vanced biometrics and standards comparable with 

16 National Institute of Standards and Technology 

17 standards to facilitate enrollment in such program. 

18 (e) PRECHECK LANE OPERATION.—The Adminis19 trator shall— 

20 (1) ensure that TSA PreCheck screening lanes 

21 are open and available during peak and high-volume 

22 travel times at airports to individuals enrolled in the 

23 PreCheck program; and 

24 (2) make every practicable effort to provide ex25 pedited screening at standard screening lanes during 


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1 times when PreCheck screening lanes are closed to 

2 individuals enrolled in such program in order to 

3 maintain operational efficiency. 

4 (f) VETTING FOR PRECHECK PARTICIPANTS.—Not 

5 later than 90 days after the date of the enactment of this 

6 Act, the Administrator shall initiate an assessment of the 

7 security vulnerabilities in the vetting process for the 

8 PreCheck program that includes an evaluation of whether 

9 subjecting PreCheck participants to recurrent fingerprint10 based criminal history records checks, in addition to recur11 rent checks against the terrorist watchlist, could be done 

12 in a cost-effective manner to strengthen the security of 

13 the PreCheck program. 

14 SECTION 1. SHORT TITLE. 

15 This Act may be cited as the ‘‘TSA PreCheck Expan16 sion Act’’. 

17 SEC. 2. DEFINITIONS. 

18 In this Act: 

19 (1) ADMINISTRATOR.—The term ‘‘Adminis20 trator’’ means the Administrator of the Transpor21 tation Security Administration. 

22 (2) DEPARTMENT.—The term ‘‘Department’’ 

23 means the Department of Homeland Security. 

24 (3) PRECHECK PROGRAM.—The term ‘‘PreCheck 

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1 mented by the Transportation Security Administra2 tion under section 109(a)(3) of the Aviation and 

3 Transportation Security Act (49 U.S.C. 114). 

4 (4) TSA.—The term ‘‘TSA’’ means the Trans5 portation Security Administration. 

6 SEC. 3. PRECHECK PROGRAM AUTHORIZATION. 

7 The Administrator shall continue to administer the 

8 PreCheck Program established under the authority of the 

9 Aviation and Transportation Security Act (Public Law 

10 107–71). 

11 SEC. 4. PRECHECK PROGRAM ENROLLMENT EXPANSION. 

12 (a) IN GENERAL.—Not later than 90 days after the 

13 date of enactment of this Act, the Administrator shall pub14 lish PreCheck Program enrollment standards that add mul15 tiple private sector application capabilities for the 

16 PreCheck Program to increase the public’s enrollment access 

17 to the program, including standards that allow the use of 

18 secure technologies, including online enrollment, kiosks, tab19 lets, or staffed laptop stations at which individuals can 

20 apply for entry into the program. 

21 (b) REQUIREMENTS.—Upon publication of the 

22 PreCheck Program enrollment standards under subsection 

23 (a), the Administrator shall— 

24 (1) coordinate with interested parties— 


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1 (A) to deploy TSA-approved ready-to-mar2 ket private sector solutions that meet the 

3 PreCheck Program enrollment standards under 

4 subsection (a); 

5 (B) to make available additional PreCheck 

6 Program enrollment capabilities; and 

7 (C) to offer secure online and mobile enroll8 ment opportunities; 

9 (2) partner with the private sector to collect bio10 graphic and biometric identification information via 

11 kiosks, mobile devices, or other mobile enrollment 

12 platforms to increase enrollment flexibility and mini13 mize the amount of travel to enrollment centers for 

14 applicants; 

15 (3) ensure that any information, including bio16 graphic information, is collected in a manner that— 

17 (A) is comparable with the appropriate and 

18 applicable standards developed by the National 

19 Institute of Standards and Technology; and 

20 (B) protects privacy and data security, in21 cluding that any personally identifiable informa22 tion is collected, retained, used, and shared in a 

23 manner consistent with section 552a of title 5, 

24 United States Code (commonly known as ‘‘Pri25 vacy Act of 1974’’), and with agency regulations; 


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1 (4) ensure that the enrollment process is stream2 lined and flexible to allow an individual to provide 

3 additional information to complete enrollment and 

4 verify identity; and 

5 (5) ensure that any enrollment expansion using 

6 a private sector risk assessment instead of a finger7 print-based criminal history records check is deter8 mined, by the Secretary of Homeland Security, to be 

9 equivalent to a fingerprint-based criminal history 

10 records check conducted through the Federal Bureau 

11 of Investigation. 

12 (c) MARKETING OF PRECHECK PROGRAM.—Upon 

13 publication of PreCheck Program enrollment standards 

14 under subsection (a), the Administrator shall— 

15 (1) in accordance with those standards, develop 

16 and implement— 

17 (A) a continual process, including an asso18 ciated timeframe, for approving private sector 

19 marketing of the PreCheck Program; and 

20 (B) a long-term strategy for partnering 

21 with the private sector to encourage enrollment 

22 in such program; 

23 (2) submit to Congress, at the end of each fiscal 

24 year, a report on any PreCheck Program application 

25 fees collected in excess of the costs of administering the 


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1 program, including to access the feasibility of the pro2 gram, for the preceding fiscal year; and 

3 (3) include in the report under paragraph (2) 

4 recommendations for using such amounts to support 

5 marketing of the program under this subsection. 

6 (d) IDENTITY VERIFICATION ENHANCEMENT.—Not 

7 later than 120 days after the date of enactment of this Act, 

8 the Administrator shall— 

9 (1) coordinate with the heads of appropriate 

10 components of the Department to leverage depart11 ment-held data and technologies to verify the citizen12 ship of individuals enrolling in the PreCheck Pro13 gram; 

14 (2) partner with the private sector to use bio15 metrics and authentication standards, such as rel16 evant standards developed by the National Institute of 

17 Standards and Technology, to facilitate enrollment in 

18 the program; and 

19 (3) consider leveraging the existing resources and 

20 abilities of airports to conduct fingerprint and back21 ground checks to expedite identity verification. 

22 (e) PRECHECK PROGRAM LANES OPERATION.—The 

23 Administrator shall— 

24 (1) ensure that PreCheck Program screening 

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1 volume travel times at appropriate airports to indi2 viduals enrolled in the PreCheck Program; and 

3 (2) make every practicable effort to provide expe4 dited screening at standard screening lanes during 

5 times when PreCheck Program screening lanes are 

6 closed to individuals enrolled in the program in order 

7 to maintain operational efficiency. 

8 (f) VETTING FOR PRECHECK PROGRAM PARTICI9 PANTS.—Not later than 90 days after the date of enactment 

10 of this Act, the Administrator shall initiate an assessment 

11 to identify any security vulnerabilities in the vetting proc12 ess for the PreCheck Program, including determining 

13 whether subjecting PreCheck Program participants to re14 current fingerprint-based criminal history records checks, 

15 in addition to recurrent checks against the terrorist 

16 watchlist, could be done in a cost-effective manner to 

17 strengthen the security of the PreCheck Program. 


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Calendar No. 383 

114TH CONGRESS 

2D SESSION H. R. 2843 

[Report No. 114–223] 

AN ACT 

To require certain improvements in the Transpordited screening program, and for other purposes. tation Security Administration’s PreCheck expeMARCH 7, 2016 

Reported with an amendment 


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