49 U.S.C. § 44919 — PreCheck Program

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 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); and (iii) are determined by the Adminis- trator 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 as- sessments, the Secretary has certified that reasonable procedures are in place with re- gard 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 in- clude the following capabilities: (1) Start-to-finish secure online or mobile enrollment capability. (2) Vetting of an applicant by means of bio- metrics if the collection— (A) is comparable with the appropriate and applicable standards developed by the Na- tional Institute of Standards and Tech- nology; (B) protects privacy and data security, in- cluding that any personally identifiable in- formation is collected, retained, used, and shared in a manner consistent with section 552a of title 5, United States Code (com- monly known as ‘‘Privacy Act of 1974’’), and with agency regulations; (C) is evaluated and certified by the Sec- retary 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 Fed- eral 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 sub- sections (b), (c), and (d), the Administrator shall take actions to expand the total number of indi- viduals enrolled in the PreCheck Program as fol- lows: (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, to market the PreCheck Program; and (2) implement a long-term strategy for partnering with the private sector to encour- age enrollment in such program. (g) IDENTITY VERIFICATION ENHANCEMENT.—The Administrator shall— (1) coordinate with the heads of appropriate components of the Department to leverage De- partment-held data and technologies to verify the identity and citizenship of individuals en- rolling in the PreCheck Program; (2) partner with the private sector to use biometrics and authentication standards, such as relevant standards developed by the Na- tional 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 iden- tity 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 air- ports to individuals enrolled in the PreCheck Program; and Page 1489 TITLE 49—TRANSPORTATION § 44919 (2) make every practicable effort to provide expedited screening at standard screening lanes during times when PreCheck Program screening lanes are closed to individuals en- rolled 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 fol- lowing: (A) A member of the Armed Forces, includ- ing 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 spec- ified 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 expe- dited security screening under the PreCheck Program is subject to such policies and proce- dures 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 Com- mandant of the United States Coast Guard. (j) VETTING FOR PRECHECK PROGRAM PARTICI- PANTS.—The Administrator shall initiate an as- sessment to identify any security vulnerabilities in the vetting process for the PreCheck Pro- gram, including determining whether subjecting PreCheck Program participants to recurrent fin- gerprint-based criminal history records checks, in addition to recurrent checks against the ter- rorist watchlist, could be done in a cost-effec- tive 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 pro- curement, 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. (Added Pub. L. 107–71, title I, § 108(a), Nov. 19, 2001, 115 Stat. 611; amended Pub. L. 115–254, div. K, title I, § 1937(a), Oct. 5, 2018, 132 Stat. 3576.) Editorial Notes REFERENCES IN TEXT Section 109 of the Aviation and Transportation Secu- rity Act, referred to in subsec. (a), is section 109 of Pub. L. 107–71, which is set out as a note under section 114 of this title. The date of enactment of the TSA Modernization Act, referred to in subsecs. (b) and (f), is the date of enact- ment of title I of div. K of Pub. L. 115–254, which was approved Oct. 5, 2018. AMENDMENTS 2018—Pub. L. 115–254 amended section generally. Prior to amendment, section related to establishment of pilot program under which the screening of passengers and property was to be conducted by a qualified private screening company. Statutory Notes and Related Subsidiaries ENROLLMENT REDRESS WITH RESPECT TO DEPARTMENT OF HOMELAND SECURITY TRUSTED TRAVELER PROGRAMS Pub. L. 117–81, div. F, title LXIV, § 6417, Dec. 27, 2021, 135 Stat. 2415, provided that: ‘‘Notwithstanding any other provision of law, the Secretary of Homeland Se- curity shall, with respect to an individual whose enroll- ment in a trusted traveler program was revoked in error extend by an amount of time equal to the period of revocation the period of active enrollment in such a program upon reenrollment in such a program by such an individual.’’ PRECHECK EXPEDITED SCREENING Pub. L. 115–254, div. K, title I, § 1938, Oct. 5, 2018, 132 Stat. 3579, provided that: ‘‘(a) IN GENERAL.—Not later than 18 months after the date of enactment of this Act [Oct. 5, 2018], the Admin- istrator [of the Transportation Security Administra- tion] shall ensure that only a traveler who is a member of a trusted traveler program specified in subsection (b) is permitted to use a TSA PreCheck security screening lane at a passenger screening checkpoint. ‘‘(b) TRUSTED TRAVELER PROGRAMS SPECIFIED.—A trusted traveler program specified in this subsection is any of the following: ‘‘(1) The PreCheck Program under section 44919 of title 49, United States Code. ‘‘(2) Any other program implemented by the TSA under section 109(a)(3) of the Aviation and Transpor- tation Security Act [Pub. L. 107–71] (49 U.S.C. 114 note). ‘‘(3) Any other United States Government program that issues a unique identifier, such as a known trav- eler number, that the TSA accepts as validating that the individual holding such identifier is a member of a known low-risk population. ‘‘(c) EXEMPTIONS.—Nothing in this section shall af- fect— ‘‘(1) the authority of the Administrator, under sec- tion 44927 of title 49, United States Code, to carry out expedited screening for members of the Armed Forces with disabilities or severe injuries or veterans with disabilities or severe injuries; or ‘‘(2) the Honor Flight program under section 44928 of that title. ‘‘(d) LOW-RISK TRAVELERS.—Any traveler who is de- termined by the Administrator to be low risk based on the traveler’s age and who is not a member of a trusted traveler program specified in subsection (b) shall be permitted to utilize TSA PreCheck security screening lanes at Transportation Security Administration checkpoints when traveling on the same reservation as a member of such a program. ‘‘(e) RISK MODIFIED SCREENING.— ‘‘(1) PILOT PROGRAM.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018] and subject to paragraph (2), the Administrator shall commence a pilot program regarding a risk modified screening protocol for lanes other than designated TSA PreCheck security screening lanes at passenger screening checkpoints, in airports of varying cat- egories, to further segment passengers based on risk. ‘‘(2) ELIGIBILITY.—Only a low-risk passenger shall be eligible to participate in the risk modified screen- ing pilot program under paragraph (1). Page 1490 TITLE 49—TRANSPORTATION § 44920 ‘‘(3) DEFINITION OF LOW-RISK PASSENGER.—In this subsection, the term ‘low-risk passenger’ means a passenger who— ‘‘(A) meets a risk-based, intelligence-driven cri- teria prescribed by the Administrator; or ‘‘(B) undergoes a canine enhanced screening upon arrival at the passenger screening checkpoint. ‘‘(4) TERMINATION.—The pilot program shall termi- nate on the date that is 120 days after the date it commences under paragraph (1). ‘‘(5) BRIEFING.—Not later than 30 days after the ter- mination date under paragraph (4), the Administrator shall brief the appropriate committees of Congress [Committees on Commerce, Science, and Transpor- tation and Homeland Security and Governmental Af- fairs of the Senate and Committee on Homeland Se- curity of the House of Representatives] on the find- ings of the pilot program, including— ‘‘(A) information relating to the security effec- tiveness and passenger facilitation effectiveness of the risk modified screening protocol; ‘‘(B) a determination regarding whether the risk modified screening protocol was effective; and ‘‘(C) if the Administrator determined that the protocol was effective, a plan for the deployment of the protocol at as many TSA passenger screening checkpoints as practicable. ‘‘(6) IMPLEMENTATION.—In determining whether de- ployment of the protocol at a TSA passenger screen- ing checkpoint at an airport is practicable, the Ad- ministrator shall consider— ‘‘(A) the level of risk at the airport; ‘‘(B) the available space at the airport; ‘‘(C) passenger throughput levels at the airport; ‘‘(D) the checkpoint configuration at the airport; and ‘‘(E) adequate resources to appropriately serve passengers in TSA PreCheck security screening lanes at the passenger screening checkpoint. ‘‘(f) WORKING GROUP.— ‘‘(1) IN GENERAL.—In carrying out subsection (e), the Administrator shall establish a working group to advise the Administrator on the development of plans for the deployment of the protocol at TSA passenger screening checkpoints, other than designated TSA PreCheck security screening lanes, in the most effec- tive and efficient manner practicable. ‘‘(2) MEMBERS.—The working group shall be com- prised of representatives of Category X, I, II, III, and IV airports and air carriers (as the term is defined in section 40102 of title 49, United States Code). ‘‘(3) NONAPPLICABILITY OF FACA.—The Federal Advi- sory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.] shall not apply to the working group established under this subsection. ‘‘(g) BRIEFINGS.— ‘‘(1) IN GENERAL.—The Administrator shall brief, on a biannual basis, the appropriate committees of Con- gress on the implementation of subsections [sic] (a) until the Administrator certifies that only travelers who are members of trusted traveler programs speci- fied in subsection (b) are permitted to use TSA PreCheck security screening lanes at passenger screening checkpoints. ‘‘(2) CERTIFICATION.—Upon a determination by the Administrator that only travelers who are members of a trusted traveler program specified in subsection (b) are permitted to use TSA PreCheck security screening lanes at checkpoints in accordance with subsection (a), the Administrator shall submit to the appropriate committees of Congress a written certifi- cation relating to such determination. ‘‘(h) INSPECTOR GENERAL ASSESSMENTS.—The Inspec- tor General of the Department [of Homeland Security] shall assess and transmit to the appropriate commit- tees of Congress the Administrator’s implementation under subsection (a). ‘‘(i) EXPANSION OF TSA PRECHECK PROGRAM ENROLL- MENT.— ‘‘(1) LONG-TERM STRATEGY.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall develop and begin the imple- mentation [of] a long-term strategy to increase en- rollment in the TSA PreCheck Program. ‘‘(2) CONSIDERATIONS.—In developing the strategy under paragraph (1), the Administrator shall consider the following: ‘‘(A) Partnering with air carriers (as the term is defined in section 40102 of title 49, United States Code) to incorporate PreCheck Program promotion opportunities in the reservation process described in section 1560.101 of title 49, Code of Federal Regu- lations;[.] ‘‘(B) Including in the PreCheck Program of [sic] an individual who— ‘‘(i) holds a Secret, Top Secret, or Top Secret/ Sensitive Compartmented Information clearance, unless the individual has had the individual’s clearance revoked or did not pass a periodic re- investigation; or ‘‘(ii) is a current, full-time Federal law enforce- ment officer. ‘‘(C) Providing PreCheck Program enrollment flexibility by offering secure mobile enrollment platforms that facilitate in-person identity verification and application data collection, such as through biometrics. ‘‘(D) Reducing travel time to PreCheck Program enrollment centers for applicants, including— ‘‘(i) by adjusting the locations and schedules of existing PreCheck Program enrollment centers to accommodate demand; ‘‘(ii) by seeking to colocate such enrollment centers with existing facilities that support the issuance of— ‘‘(I) United States passports; and ‘‘(II) Security Identification Display Area cre- dentials (as the term is defined in section 1540.5 of title 49, Code of Federal Regulations) located in public, non-secure areas of airports if no sys- tems of an airport operator are used in support of enrollment activities for such credentials; and ‘‘(iii) by increasing the availability of PreCheck Program enrollment platforms, such as kiosks, tablets, or staffed laptop stations. ‘‘(E) The feasibility of providing financial assist- ance or other incentives for PreCheck Program en- rollment for— ‘‘(i) children who are at least 12 years or older, but less than 18 years old; ‘‘(ii) families consisting of 5 or more immediate family members; ‘‘(iii) private sector entities, including small businesses, to establish PreCheck Program enroll- ment centers in their respective facilities; and ‘‘(iv) private sector entities, including small business concerns (as the term is described in sec- tion 3 of the Small Business Act (15 U.S.C. 632)), to reimburse an employee for the cost of the PreCheck Program application.’’ § 44920. Screening partnership program (a) IN GENERAL.—An airport operator may sub- mit to the Administrator of the Transportation Security Administration an application to carry out the screening of passengers and property at the airport under section 44901 by personnel of a qualified private screening company pursuant to a contract entered into with the Transportation Security Administration. (b) APPROVAL OF APPLICATIONS.— (1) IN GENERAL.—Not later than 60 days after the date of receipt of an application submitted by an airport operator under subsection (a), the Administrator shall approve or deny the application. (2) STANDARDS.—The Administrator shall ap- prove an application submitted by an airport