View all text of Subchapter I [§ 44901 - § 44929]
§ 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 Aviation 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 enroll in the PreCheck Program.
(c)Minimum Capability Requirements.—
(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 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, 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, 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.
(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.)