[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6265 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 6265


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 5, 2018

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

_______________________________________________________________________

                                 AN ACT


 
  To ensure that only travelers who are members of a trusted traveler 
 program use Transportation Security Administration security screening 
    lanes designated for trusted travelers, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``PreCheck is PreCheck Act of 2018''.

SEC. 2. ELIGIBILITY FOR TSA PRECHECK EXPEDITED SCREENING.

    (a) Eligibility.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Administrator of the 
        Transportation Security Administration (TSA) shall ensure 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 Transportation Security 
        Administration checkpoints.
            (2) Certain travelers.--Any traveler who is 12 or under or 
        75 or over 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 itinerary 
        as a member of such a program.
    (b) Trusted Traveler Programs.--Trusted traveler programs referred 
to in subsection (a) include the following:
            (1) Programs implemented by the Transportation Security 
        Administration under section 109(a)(3) of the Aviation and 
        Transportation Security Act (Public Law 107-71; 49 U.S.C. 114 
        note).
            (2) Any other United States Government program that issues 
        unique identifiers, such as a known traveler number, that the 
        Transportation Security Administration accepts as validating 
        that the person holding such identifier is a member of a known 
        low-risk population.
    (c) Exemptions.--Nothing in this section shall affect--
            (1) the ability of the Transportation Security 
        Administration to carry out expedited screening for severely 
        injured or disabled members of the Armed Forces and severely 
        injured or disabled veterans, as set forth in section 44927 of 
        title 49, United States Code; or
            (2) the Honor Flight program, set forth in section 44928 of 
        such title.

SEC. 3. RISK MODIFIED SCREENING.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Administrator of the Transportation Security 
Administration shall commence a pilot program regarding a risk modified 
screening protocol for lanes other than designated TSA PreCheck 
security screening lanes at Transportation Security Administration 
checkpoints, in airports of varying categories, to further segment 
passengers based on risk. Such pilot program shall conclude on the date 
that is 120 after such date of commencement.
    (b) Report; Implementation.--Not later than 30 days after the 
conclusion of the pilot program required under subsection (a), the 
Administrator of the Transportation Security Administration shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the finding of such pilot 
program, including information relating to the security effectiveness 
and passenger facilitation effectiveness of the risk modified screening 
protocol that was the subject of such pilot program and, in the event 
that the Administrator is satisfied with the effectiveness of such 
protocol, information relating to plans to deploy such protocol at as 
many Transportation Security Administration checkpoints as practicable, 
taking into consideration the level of risk at the airport at issue, 
the available space at such airport, passenger throughput levels at 
such airport, and checkpoint configuration at such airport, while 
maintaining adequate resources to appropriately serve passengers in TSA 
PreCheck security screening lanes at Transportation Security 
Administration checkpoints.
    (c) Eligibility.--Only low-risk passengers shall be eligible to 
undergo risk modified screening at Transportation Security 
Administration checkpoints described in subsection (a). Such low-risk 
passengers are those passengers who--
            (1) meet risk-based, intelligence-driven criteria outlined 
        by the Administrator of the Transportation Security 
        Administration; or
            (2) have undergone canine enhanced screening upon arrival 
        at a Transportation Security Administration checkpoint.
    (d) Working Group.--
            (1) In general.--In carrying out subsections (a) and (b), 
        the Administrator of the Transportation Security Administration 
        shall establish and utilize a working group comprised of 
        individuals from or representatives of Category X, 1, 2, 3, and 
        4 airports and air carriers (as such term is defined in section 
        40102 of title 49, United States Code) to inform the piloting 
        and development of plans to deploy the risk modified screening 
        protocol described in such subsections for lanes other than 
        designated TSA PreCheck security screening lanes at 
        Transportation Security Administration checkpoints in a manner 
        which ensures maximum security effectiveness and efficiency.
            (2) Non-applicability of faca.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the working 
        group established under this subsection.

SEC. 4. CONGRESSIONAL REPORTS.

    (a) In General.--Beginning with the first full calendar quarter 
after the date of the enactment of this Act, the Administrator of the 
Transportation Security Administration shall brief, on a quarterly 
basis, the Committee on Homeland Security of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the implementation of section 2.
    (b) Certification.--Upon a determination by the Administrator of 
the Transportation Security Administration that only travelers who are 
members of a trusted traveler program specified in section 2(b) are 
permitted to use TSA PreCheck security screening lanes at 
Transportation Security Administration checkpoints in accordance with 
subsection (a) of such section, the Administrator shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate a 
written certification relating to such determination.
    (c) Sunset.--The briefings required under subsection (a) shall 
terminate at the time the certification described in subsection (b) is 
submitted.

SEC. 5. INSPECTOR GENERAL ASSESSMENTS.

    After the Administrator of the Transportation Security 
Administration submits the certification described in section 4(b), the 
Inspector General of the Department of Homeland Security shall, 
beginning in the first calendar year after such certification and in 
each of the next 3 subsequent calendar years, conduct an assessment to 
determine if there has been a systematic pattern of violations of 
section 2(a) during the previous calendar year. The Inspector General 
shall submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate the results of each such assessment.

SEC. 6. PRECHECK PROGRAM EXPANSION.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator of the Transportation Security 
Administration shall develop and begin the implementation of a long-
term strategy to increase enrollment in the TSA PreCheck Program and 
expand the total population of members of trusted traveler programs 
specified in section 2(b).
    (b) Enrollment.--In carrying out the long-term strategy referred to 
in subsection (a), the Administrator of the Transportation Security 
Administration shall--
            (1) seek to partner with air carriers (as such 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 Regulations;
            (2) seek to include in the PreCheck Program individuals 
        who--
                    (A) hold a Secret, Top Secret, or Top Secret/
                Sensitive Compartmented Information clearance, unless 
                such an individual has had his or her clearance revoked 
                or did not pass a periodic reinvestigation; or
                    (B) are current, full-time Federal law enforcement 
                officers;
            (3) increase PreCheck Program enrollment flexibility by 
        offering a secure mobile enrollment platform that facilitates 
        in-person identity verification and application data 
        collection, such as biometrics;
            (4) develop initiatives to minimize the amount of travel to 
        PreCheck Program enrollment centers for applicants, including--
                    (A) adjusting the locations and schedules of 
                existing PreCheck Program enrollment centers to 
                accommodate demand;
                    (B) seeking to collocate such enrollment centers 
                with existing facilities that support the issuance of--
                            (i) United States passports; and
                            (ii) Security Identification Display Area 
                        credentials (as such term is defined in section 
                        1540.5 of title 49, Code of Federal 
                        Regulations) located in public, non-secure 
                        areas of airports, provided that no systems of 
                        an airport operator are used in support of 
                        enrollment activities for such credentials; and
                    (C) increasing the availability of PreCheck Program 
                enrollment platforms, such as kiosks, tablets, or 
                staffed laptop stations;
            (5) assess the feasibility of providing financial or other 
        incentives for PreCheck Program enrollment for--
                    (A) children between the ages of 12 and 18;
                    (B) families of five or more individuals;
                    (C) private sector entities, including small 
                businesses, that establish PreCheck Program enrollment 
                centers in their respective facilities; and
                    (D) private sector entities, including small 
                business concerns (as such term is described under 
                section 3 of the Small Business Act (15 U.S.C. 632)), 
                that reimburse employees for the cost of the PreCheck 
                Program application; and
            (6) explore the possibility of combining the PreCheck 
        Program with other trusted traveler programs specified in 
        section 2(b).

            Passed the House of Representatives September 4, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.