[Congressional Record Volume 164, Number 146 (Tuesday, September 4, 2018)]
[House]
[Pages H7807-H7809]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    PRECHECK IS PRECHECK ACT OF 2018

  Mr. KATKO. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 6265) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6265

       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 one 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 three 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--

[[Page H7808]]

       (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).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Katko) and the gentlewoman from New Jersey (Mrs. Watson 
Coleman) each will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. KATKO. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days in which to revise and extend their remarks and 
include any extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of H.R. 6265, the 
PreCheck is PreCheck Act of 2018. The name of this bipartisan 
legislation demonstrates my belief that the Transportation Security 
Administration should use its PreCheck screening lanes at airport 
checkpoints as they were originally intended.
  This bipartisan bill codifies a solution to a longstanding 
frustration that I and others have reiterated to TSA on many occasions: 
PreCheck lanes should not be used as tools to manage congestion for 
passengers in an airport. Instead of employing a one-size-fits-all 
approach to passenger security screening, the concept underlying TSA's 
PreCheck program is one of risk-based security.
  This should, when applied as intended, save taxpayer dollars and 
result in an enhanced security checkpoint experience for all travelers. 
However, the stated benefits of the PreCheck program have been 
consistently undermined by TSA's practice of moving unvetted passengers 
into PreCheck lanes for the sake of expediency.
  I have said it before and I will say it again: Security cannot be 
sacrificed for expediency.
  This legislation will require TSA to ensure that only travelers who 
are members of trusted traveler programs are permitted to use PreCheck 
security screening lanes at TSA checkpoints throughout the country.
  To address the issue of passenger throughput, H.R. 6265 also provides 
a framework for TSA to expedite screening for passengers who have been 
determined to pose a lower risk to aviation security.
  The effects of this legislation will be far-reaching. By restoring 
the PreCheck program to its original purpose, passengers who have 
elected to participate will experience a shorter checkpoint process 
they were promised when they first enrolled in the program. 
Additionally, passengers will be more incentivized to enroll in a 
trusted traveler program when it is working as it should.
  To achieve TSA's stated goal of enrolling 25 million passengers by 
the end of 2019, restricting PreCheck expedited screening lanes to 
vetted, enrolled passengers is a necessity.
  Mr. Speaker, I thank the ranking member of the subcommittee, my 
friend, the gentlewoman from New Jersey (Mrs. Watson Coleman), for 
cosponsoring this bill and for her leadership on this issue. I also 
thank my good friend Congressman Keating for his bipartisan support of 
this legislation.
  Mr. Speaker, I strongly urge my colleagues to support this act, and I 
reserve the balance of my time.
  Mrs. WATSON COLEMAN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 6265, the PreCheck is PreCheck 
Act of 2018.
  Mr. Speaker, in 2011, the Transportation Security Administration 
launched the PreCheck program to expedite vetted, known travelers 
through airport checkpoint screening. Today, TSA PreCheck is in more 
than 200 airports nationwide, improving security by allowing TSA to 
focus resources on the passengers it knows the least about who may pose 
a higher risk to the aviation system.
  While PreCheck has generally proven popular with passengers, there is 
a concern that TSA has strayed from the program's original intent. In 
an effort to manage checkpoint wait times, TSA has pushed travelers who 
are not enrolled in PreCheck into expedited screening lanes.
  While I recognize that large crowds of passengers waiting at 
checkpoints could pose a security risk, the way to prevent long lines 
is to staff checkpoints sufficiently, not to abuse the availability of 
expedited screening lanes.
  H.R. 6265 seeks to address this issue by requiring that PreCheck 
lanes be used only by trusted travelers, with limited exceptions.
  It also requires TSA to pilot a risk-modified screening concept under 
which a new level of screening, somewhere between PreCheck expedited 
screening and standard screening, could be provided to passengers who 
TSA deems to pose a lower risk to security.

                              {time}  1915

  Finally, this bill pushes TSA to grow participation in the PreCheck 
program by providing more innovative and convenient enrollment 
opportunities for passengers.
  This bill is a result of bipartisan work and builds upon legislation 
that the Committee on Homeland Security ranking member, Mr. Thompson, 
advanced in the last Congress; and it is my delight to work with the 
current sponsor of this bill, Mr. Katko, as we move forward to ensure 
that traveling passengers are always safe. I thank Mr. Katko for his 
collaboration on this bill.
  Mr. Speaker, in closing, Members on both sides of the aisle have been 
frustrated by not only TSA's use of PreCheck lanes to address wait 
times, but its failure to make significant progress in improving 
PreCheck enrollment opportunities. Enactment of H.R. 6265 should help 
TSA achieve its original vision for the PreCheck program.
  Mr. Speaker, I urge my colleagues to support the bill, and I yield 
back the balance of my time.
  Mr. KATKO. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I want to echo the sentiments of my colleague from New 
Jersey, the gentlewoman, Mrs. Watson Coleman. She is exactly right. 
This program is not being used like it is supposed to be used.
  The idea of PreCheck was to have a known, trusted traveler program, a 
traveler program where someone walks through and gets a different level 
of scrutiny because you know enough about them in advance. When you put 
people through that same lane and they get a different level of 
scrutiny that they shouldn't have because you don't know about them, it 
entirely defeats the purpose of the bill. With terrorism what it is 
today and the zest to try to attack our aviation industry, it is not a 
time we should be cutting corners to manage traffic.
  Mrs. Watson Coleman is exactly right. We need to have more people 
staffing these lanes, and we need to have a better running of the 
PreCheck program itself. If they did those two things, then we would be 
okay; but we cannot cut corners when it comes to security, especially 
in the aviation sector.
  Mr. Speaker, I urge my colleagues to support H.R. 6265, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Katko) that the House suspend the rules 
and pass the bill, H.R. 6265, as amended.
  The question was taken; and (two-thirds being in the affirmative) the

[[Page H7809]]

rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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