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49 U.S.C. § 44919 — PreCheck Program
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Administrator of the Transportation Security Administration shall continue to administer the PreCheck Program in accordance with section 109(a)(3) of the Aviation and Transportation Security Act ([49 U.S.C. 114](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section114&num=0&edition=prelim) note).
**(b) Expansion.—** Not later than 180 days after the date of enactment of the TSA Modernization Act, the Administrator shall enter into an agreement, using other transaction authority under [section 114(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section114/m&num=0&edition=prelim), with at least 2 private sector entities to increase the methods and capabilities available for the public to enroll in the PreCheck Program.
**(c) Minimum Capability Requirements.—** At least 1 agreement under subsection (b) shall include the following capabilities:
(1) Start-to-finish secure online or mobile enrollment capability.
(2) Vetting of an applicant by means other than biometrics, such as a risk assessment, if—
(A) such means—
(i) are evaluated and certified by the Secretary of Homeland Security;
(ii) meet the definition of a qualified anti-terrorism technology under section 865 of the Homeland Security Act of 2002 ([6 U.S.C. 444](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section444&num=0&edition=prelim)); and
(iii) are determined by the Administrator to provide a risk assessment that is as effective as a fingerprint-based criminal history records check conducted through the Federal Bureau of Investigation with respect to identifying individuals who are not qualified to participate in the PreCheck Program due to disqualifying criminal history; and
(B
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Source location: Title 49, Chapter 449, § 44919; chapter-449-security.md
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**(a) In General.—** The Administrator of the Transportation Security Administration shall continue to administer the PreCheck Program in accordance with section 109(a)(3) of the Aviation and Transportation Security Act ([49 U.S.C. 114](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section114&num=0&edition=prelim) note).
**(b) Expansion.—** Not later than 180 days after the date of enactment of the TSA Modernization Act, the Administrator shall enter into an agreement, using other transaction authority under [section 114(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section114/m&num=0&edition=prelim), with at least 2 private sector entities to increase the methods and capabilities available for the public to enroll in the PreCheck Program.
**(c) Minimum Capability Requirements.—** At least 1 agreement under subsection (b) shall include the following capabilities:
(1) Start-to-finish secure online or mobile enrollment capability.
(2) Vetting of an applicant by means other than biometrics, such as a risk assessment, if—
(A) such means—
(i) are evaluated and certified by the Secretary of Homeland Security;
(ii) meet the definition of a qualified anti-terrorism technology under section 865 of the Homeland Security Act of 2002 ([6 U.S.C. 444](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section444&num=0&edition=prelim)); and
(iii) are determined by the Administrator to provide a risk assessment that is as effective as a fingerprint-based criminal history records check conducted through the Federal Bureau of Investigation with respect to identifying individuals who are not qualified to participate in the PreCheck Program due to disqualifying criminal history; and
(B) with regard to private sector risk assessments, the Secretary has certified that reasonable procedures are in place with regard to the accuracy, relevancy, and proper utilization of information employed in such risk assessments.
**(d) Additional Capability Requirements.—** At least 1 agreement under subsection (b) shall include the following capabilities:
(1) Start-to-finish secure online or mobile enrollment capability.
(2) Vetting of an applicant by means of biometrics if the collection—
(A) is comparable with the appropriate and applicable standards developed by the National Institute of Standards and Technology;
(B) protects privacy and data security, including that any personally identifiable information is collected, retained, used, and shared in a manner consistent with [section 552a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim), United States Code (commonly known as “Privacy Act of 1974”), and with agency regulations;
(C) is evaluated and certified by the Secretary of Homeland Security; and
(D) is determined by the Administrator to provide a risk assessment that is as effective as a fingerprint-based criminal history records check conducted through the Federal Bureau of Investigation with respect to identifying individuals who are not qualified to participate in the PreCheck Program due to disqualifying criminal history.
**(e) Target Enrollment.—** Subject to subsections (b), (c), and (d), the Administrator shall take actions to expand the total number of individuals enrolled in the PreCheck Program as follows:
(1) 7,000,000 passengers before October 1, 2019.
(2) 10,000,000 passengers before October 1, 2020.
(3) 15,000,000 passengers before October 1, 2021.
**(f) Marketing of PreCheck Program.—** Not later than 90 days after the date of enactment of the TSA Modernization Act, the Administrator shall—
(1) enter into at least 2 agreements, using other transaction authority under [section 114(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section114/m&num=0&edition=prelim), to market the PreCheck Program; and
(2) implement a long-term strategy for partnering with the private sector to encourage enrollment in such program.
**(g) Identity Verification Enhancement.—** The Administrator shall—
(1) coordinate with the heads of appropriate components of the Department to leverage Department-held data and technologies to verify the identity and citizenship of individuals enrolling in the PreCheck Program;
(2) partner with the private sector to use biometrics and authentication standards, such as relevant standards developed by the National Institute of Standards and Technology, to facilitate enrollment in the program; and
(3) consider leveraging the existing resources and abilities of airports to collect fingerprints for use in background checks to expedite identity verification.
**(h) PreCheck Program Lanes Operation.—** The Administrator shall—
(1) ensure that PreCheck Program screening lanes are open and available during peak and high-volume travel times at appropriate airports to individuals enrolled in the PreCheck Program; and
(2) make every practicable effort to provide expedited screening at standard screening lanes during times when PreCheck Program screening lanes are closed to individuals enrolled in the program in order to maintain operational efficiency.
**(i) Eligibility of Members of the Armed Forces for Expedited Security Screening.—**
(1) **In general.—** — Subject to paragraph (3), an individual specified in paragraph (2) is eligible for expedited security screening under the PreCheck Program.
(2) **Individuals specified.—** — An individual specified in this subsection is any of the following:
(A) A member of the Armed Forces, including a member of a reserve component or the National Guard.
(B) A cadet or midshipman of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(C) A family member of an individual specified in subparagraph (A) or (B) who is younger than 12 years old and accompanying the individual.
(3) **Implementation.—** — The eligibility of an individual specified in paragraph (2) for expedited security screening under the PreCheck Program is subject to such policies and procedures as the Administrator may prescribe to carry out this subsection, in consultation with the Secretary of Defense and, with respect to the United States Coast Guard, the Commandant of the United States Coast Guard.
**(j) Vetting for PreCheck Program Participants.—** The Administrator shall initiate an assessment to identify any security vulnerabilities in the vetting process for the PreCheck Program, including determining whether subjecting PreCheck Program 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.
**(k) Assurance of Separate Program.—** In carrying out this section, the Administrator shall ensure that the additional private sector application capabilities under subsections (b), (c), and (d) are undertaken in addition to any other related TSA program, initiative, or procurement, including the Universal Enrollment Services program.
**(l) Expenditure of Funds.—** Any Federal funds expended by the Administrator to expand PreCheck Program enrollment shall be expended in a manner that includes the requirements of this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Definitions.—** In this part—
(1) “aeronautics” means the science and art of flight.
(2) “air carrier” means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation.
(3) “air commerce” means foreign air commerce, interstate air commerce, the transportation of mail by aircraft, the operation of aircraft within the limits of a Federal airway, or the operation of aircraft that directly affects, or may endanger safety in, foreign or interstate air commerce.
(4) “air navigation facility” means a facility used, available for use, or designed for use, in aid of air navigation, including—
(A) a landing area;
(B) runway lighting and airport surface visual and other navigation aids;
(C) apparatus, equipment, software, or service for distributing aeronautical and meteorological information to air traffic control facilities or aircraft;
(D) communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications;
(E) any structure, equipment, or mechanism for guiding or controlling flight in the air or the landing and takeoff of aircraft; and
(F) buildings, equipment, and systems dedicated to the national airspace system.
(5) “air transportation” means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft.
(6) “aircraft” means any contrivance invented, used, or designed to navigate, or fly in, the air.
(7) “aircraft engine” means an engine used, or intended to be used, to propel an aircraft, including a part, appurtenance, and accessory of the engine, except a propeller.
(8) “airman” means an individual—
(A) in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when under way;
(B) exce
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Transportation Security Administration shall be an administration of the Department of Homeland Security.
**(b) Leadership.—**
(1) **Head of transportation security administration.—**
(A) *Appointment.—* — The head of the Administration shall be the Administrator of the Transportation Security Administration (referred to in this section as the “Administrator”). The Administrator shall be appointed by the President, by and with the advice and consent of the Senate.
(B) *Qualifications.—* — The Administrator must—
(i) be a citizen of the United States; and
(ii) have experience in a field directly related to transportation or security.
(C) *Term.—* — Effective with respect to any individual appointment by the President, by and with the advice and consent of the Senate, after the date of enactment of the TSA Modernization Act, the term of office of an individual appointed as the Administrator shall be 5 years. The term of office of an individual serving as the Administrator on the date of enactment of the TSA Modernization Act shall be 5 years beginning on the date that the Administrator began serving.
(2) **Deputy administrator.—**
(A) *Appointment.—* — There is established in the Transportation Security Administration a Deputy Administrator, who shall assist the Administrator in the management of the Transportation Security Administration. The Deputy Administrator shall be appointed by the President.
(B) *Vacancy.—* — The Deputy Administrator shall be Acting Administrator during the absence or incapacity of the Administrator or during a vacancy in the office of Administrator.
(C) *Qualifications.—* — The Deputy Administrator must—
(i) be a citizen of the United States; and
(ii) have experience in a field di
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 114
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** For purposes of this section—
(1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title;
(2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence;
(3) the term “maintain” includes maintain, collect, use, or disseminate;
(4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;
(5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual;
(6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim);
(7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected;
(8) the term “matching program”—
(A) means any computerized comparison of—
(i) two or more automated systems of records or a system of records with non-Federal records for the purpose
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Small business concerns**
(1) **In general** — For the purposes of this chapter, a small-business concern, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries, shall be deemed to be one which is independently owned and operated and which is not dominant in its field of operation.
(2) **Establishment of size standards**
(A) *In general* — In addition to the criteria specified in paragraph (1) and subject to the requirements specified under subparagraph (C), the Administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for the purposes of this chapter or any other Act.
(B) *Additional criteria* — The standards described in paragraph (1) may utilize number of employees, dollar volume of business, net worth, net income, a combination thereof, or other appropriate factors.
(C) *Requirements* — Unless specifically authorized by statute, no Federal department (including the Administration when acting pursuant to subparagraph (A)) or agency may prescribe a size standard for categorizing a business concern as a small business concern, unless such proposed size standard—
(i) is proposed after an opportunity for public notice and comment;
(ii) provides for determining—
(I) the size of a manufacturing concern as measured by the manufacturing concern’s average employment based upon employment during each of the manufacturing concern’s pay periods for the preceding 24 months;
(II) the size of a business concern providing services on the basis of the annual average gross receipts of the business concern over
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Passenger Screening.—** The Administrator of the Transportation Security Administration, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and organizations identified by the Secretaries of Defense and Veterans Affairs that advocate on behalf of severely injured or disabled members of the Armed Forces and severely injured or disabled veterans, shall develop and implement a process to support and facilitate the ease of travel and to the extent possible provide expedited passenger screening services for severely injured or disabled members of the Armed Forces and severely injured or disabled veterans through passenger screening. The process shall be designed to offer the individual private screening to the maximum extent practicable.
**(b) Operations Center.—** As part of the process under subsection (a), the Administrator of the Transportation Security Administration shall maintain an operations center to provide support and facilitate the movement of severely injured or disabled members of the Armed Forces and severely injured or disabled veterans through passenger screening prior to boarding a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation.
**(c) Protocols.—** The Administrator of the Transportation Security Administration shall—
(1) establish and publish protocols, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and the organizations identified under subsection (a), under which a severely injured or disabled member of the Armed Forces or severely injured or disabled veteran, or the family member or other representative of such member or veteran, may contact the operations center maintained under subsection (b) and requ
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44927
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority**
(1) **In general** — The head of an executive agency may apply the provisions of law listed in paragraph (2) to a procurement referred to in [section 422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section422&num=0&edition=prelim) without regard to whether the property or services are commercial items.
(2) **Commercial item laws** — The provisions of law referred to in paragraph (1) are as follows:
(A) Sections 1901 and 1906 of title 41.
(B) [Section 3205 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3205&num=0&edition=prelim).
(C) [Section 3305 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3305&num=0&edition=prelim).
**(b) Inapplicability of limitation on use of simplified acquisition procedures**
(1) **In general** — The $5,000,000 limitation provided in [section 1901(a)(2) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1901/a/2&num=0&edition=prelim), [section 3205(a)(2) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3205/a/2&num=0&edition=prelim), and [section 3305(a)(2) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3305/a/2&num=0&edition=prelim) shall not apply to purchases of property or services to which any of the provisions of law referred to in subsection (a) are applied under the authority of this section.
(2) **OMB guidance** — The Director of the Office of Management and Budget shall issue guidance and procedures for the use of simplified acquisition procedures for a purchase of property or services in excess of $5,000,000 under the authority of this section.
**(c) Continuation
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Administrator.—** — The term “Administrator” means the Administrator of General Services.
(2) **Advisory committee.—**
(A) *In general.—* — The term “advisory committee” means a committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as “committee”) that is established or utilized to obtain advice or recommendations for the President or one or more agencies or officers of the Federal Government and that is—
(i) established by statute or reorganization plan;
(ii) established or utilized by the President; or
(iii) established or utilized by one or more agencies.
(B) *Exclusions.—* — The term “advisory committee” excludes—
(i) a committee that is composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government; and
(ii) a committee that is created by the National Academy of Sciences or the National Academy of Public Administration.
(3) **Agency.—** — The term “agency” has the meaning given the term in [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim).
(4) **Presidential advisory committee.—** — The term “Presidential advisory committee” means an advisory committee that advises the President.
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Federal law — U.S. Code and appendices · legal_authorities
Page 62
TITLE 49—TRANSPORTATION
§ 114
gation of authority, or any document of or pertaining
to the Office or an officer or employee of the Office is
deemed to refer to the Administration or a member or
employee of the Administration, as appropriate.’’
§ 114. Transportation Security Administration
(a) IN GENERAL.—The Transportation Security
Administration shall be an administration of
the Department of Homeland Security.
(b) LEADERSHIP.—
(1) HEAD
OF
TRANSPORTATION
SECURITY
AD-
MINISTRATION.—
(A) APPOINTMENT.—The head of the Admin-
istration shall be the Administrator of the
Transportation Security Administration (re-
ferred to in this section as the ‘‘Adminis-
trator’’). The Administrator shall be ap-
pointed by the President, by and with the
advice and consent of the Senate.
(B) QUALIFICATIONS.—The Administrator
must—
(i) be a citizen of the United States; and
(ii) have experience in a field directly re-
lated to transportation or security.
(C) TERM.—Effective with respect to any
individual appointment by the President, by
and with the advice and consent of the Sen-
ate, after the date of enactment of the TSA
Modernization Act, the term of office of an
individual appointed as the Administrator
shall be 5 years. The term of office of an in-
dividual serving as the Administrator on the
date of enactment of the TSA Modernization
Act shall be 5 years beginning on the date
that the Administrator began serving.
(2) DEPUTY ADMINISTRATOR.—
(A) APPOINTMENT.—There is established in
the Transportation Security Administration
a Deputy Administrator, who shall assist the
Administrator in the management of the
Transportation
Security
Administration.
The Deputy Administrator shall be ap-
pointed by the President.
(B) VACANCY.—The Deputy Administrator
shall
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 114
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Federal law — U.S. Code and appendices · legal_authorities
Page 1488
TITLE 49—TRANSPORTATION
§ 44919
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fis-
cal years beginning after Sept. 30, 2003, except as other-
wise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Do-
mestic Security.
CREW MEMBER SELF-DEFENSE TRAINING
Pub. L. 115–254, div. K, title I, § 1960, Oct. 5, 2018, 132
Stat. 3600, provided that: ‘‘The Administrator [of the
Transportation Security Administration], in consulta-
tion with the Administrator of the Federal Aviation
Administration, shall continue to carry out and en-
courage increased participation by air carrier employ-
ees in the voluntary self-defense training program
under section 44918(b) of title 49, United States Code.’’
§ 44919. PreCheck Program
(a) IN GENERAL.—The Administrator of the
Transportation Security Administration shall
continue to administer the PreCheck Program
in accordance with section 109(a)(3) of the Avia-
tion and Transportation Security Act (49 U.S.C.
114 note).
(b) EXPANSION.—Not later than 180 days after
the date of enactment of the TSA Modernization
Act, the Administrator shall enter into an
agreement, using other transaction authority
under section 114(m) of this title, with at least
2 private sector entities to increase the methods
and capabilities available for the public to en-
roll in the PreCheck Program.
(c) MINIMUM
CAPABILITY
REQUIREMENTS.—At
least 1 agreement under subsection (b) shall in-
clude the following capabili
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 44919
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Federal law — U.S. Code and appendices · legal_authorities
Page 226
TITLE 6—DOMESTIC SECURITY
§ 443
1 So in original.
er and place the anti-terrorism technology on
an Approved Product List for Homeland Secu-
rity.
(e) Exclusion
Nothing in this section shall in any way limit
the ability of any person to seek any form of re-
covery from any person, government, or other
entity that—
(1) attempts to commit, knowingly partici-
pates in, aids and abets, or commits any act of
terrorism, or any criminal act related to or re-
sulting from such act of terrorism; or
(2) participates in a conspiracy to commit
any such act of terrorism or any such criminal
act.
(Pub. L. 107–296, title VIII, § 863, Nov. 25, 2002, 116
Stat. 2239.)
§ 443. Risk management
(a) In general
(1) Liability insurance required
Any person or entity that sells or otherwise
provides a qualified anti-terrorism technology
to Federal and non-Federal Government cus-
tomers (‘‘Seller’’) shall obtain liability insur-
ance of such types and in such amounts as
shall be required in accordance with this sec-
tion and certified by the Secretary to satisfy
otherwise
compensable
third-party
claims
arising out of, relating to, or resulting from an
act of terrorism when qualified anti-terrorism
technologies have been deployed in defense
against or response or recovery from such act.
(2) Maximum amount
For the total claims related to 1 such act of
terrorism, the Seller is not required to obtain
liability insurance of more than the maximum
amount of liability insurance reasonably
available from private sources on the world
market at prices and terms that will not un-
reasonably distort the sales price of Seller’s
anti-terrorism technologies.
(3) Scope of coverage
Liability insurance obtained pursuant to
this subsection shall, in addition to the Seller
Source: Supplied 2024 U.S. Code historical extraction · 6 U.S.C. § 444
Stored review status: historical_2024_not_currentness_verified. The source passage cites 6 U.S.C. § 444. This identifies an authority to review, not proof of applicability.