H. Rept. 115-912 - PRECHECK IS PRECHECK ACT OF 2018115th Congress (2017-2018)
Committee Report
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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-912
======================================================================
PRECHECK IS PRECHECK ACT OF 2018
_______
September 4, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 6265]
The Committee on Homeland Security, to whom was referred
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, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 4
Background and Need for Legislation.............................. 4
Hearings......................................................... 4
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 6
Duplicative Federal Programs..................................... 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
Disclosure of Directed Rule Makings.............................. 6
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 9
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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--
(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).
PURPOSE AND SUMMARY
H.R. 6265 requires the Transportation Security
Administration (TSA) to ensure--with very narrow exceptions--
that PreCheck lanes are only being utilized by members of
trusted traveler programs. The bill also directs TSA to conduct
a pilot of ``risk modified screening'' for low risk passengers.
If successful, this program should allow TSA to increase
throughput at checkpoints while mitigating some of the
vulnerabilities that exist under the current system. Finally,
H.R. 6265 requires TSA to take several steps to increase
PreCheck enrollment. For example, the bill directs TSA to
partner with airlines to better market the program, increase
enrollment flexibility via the use of innovative technologies,
and make PreCheck enrollment centers more accessible.
BACKGROUND AND NEED FOR LEGISLATION
As airport passenger volumes continue to climb, the
Transportation Security Administration (TSA) will need to
increase throughput at checkpoints to prevent another wait
times crisis. This coupled with TSA's recent struggles to
increase the number of travelers enrolled in trusted traveler
programs, such as TSA PreCheck, has forced TSA to take
additional actions to prevent a surge in checkpoint wait times.
Through methods such as intelligence-based rules and the use of
canines, TSA has expanded the population of travelers who are
eligible to use PreCheck lanes--even though these individuals
are not members of a trusted traveler program--with the end
goal of increasing checkpoint throughput.
This is problematic for several reasons, primarily because
PreCheck was designed to enhance security, not manage traffic
at the checkpoint. However, passengers who receive expedited
screening via a rule or canines have not undergone the same
vetting as PreCheck members, resulting in a potential security
vulnerability. In addition, by giving Precheck ``away for
free,'' TSA is undermining its own efforts to increase PreCheck
enrollment. Therefore, TSA will likely need to continue using
alternative methods, despite the associated vulnerabilities, to
manage checkpoint wait times. H.R. 6265 seeks to ensure that
PreCheck and expedited screening is being used as a security
tool and not to manage checkpoint throughput.
HEARINGS
No hearings were specifically held on H.R. 6265. However,
the Committee held two hearings relating to Transportation
Security Administration's PreCheck program. On May 17, 2018 the
Subcommittee on Transportation and Protective Security held a
hearing entitled ``Assessing the TSA Checkpoint: The PreCheck
Program and Airport Wait Times''. Testimony was heard from
Darby LaJoye, Assistant Administrator, Office of Security
Operations, Transportation Security Administration, Department
of Homeland Security; William Russell, Acting Director,
Homeland Security and Justice Team, Government Accountability
Office; and public witnesses.
On November, 8, 2018 the Committee on Homeland Security
held a hearing entitled ``Preventing the Next Attack: TSA's
Role in Keeping our Transportation System Secure''. Testimony
was heard from David P Pekoske, Administrator, Transportation
Security administration, Department of Homeland Security.
COMMITTEE CONSIDERATION
The Committee met on July 24, 2018, to consider H.R. 6265,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by unanimous consent. The
Committee took the following actions:
The Committee adopted H.R. 6265, as amended, by unanimous
consent.
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr. Katko
(#1); was AGREED TO, without amendment, by unanimous consent.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 6265.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
6265, the PreCheck is PreCheck Act of 2018, would result in no
new or increased budget authority, entitlement authority, or
tax expenditures or revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 6265 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This legislation ensures that only travelers who are
members of a trusted traveler program use Transportation
Security Administration PreCheck security screening lanes. The
bill also requires the TSA to brief the Committee on Homeland
Security of the House of Representatives and Committee on
Commerce, Science, and Transportation of the Senate on the
implementation of the new PreCheck eligibility requirements on
a quarterly basis, beginning on the first full calendar quarter
after the enactment of this legislation. Once the Administrator
of the TSA determines that only trusted travelers are using
PreCheck lanes, the Administrator will submit a written
certification to the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
DUPLICATIVE FEDERAL PROGRAMS
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 6265 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
FEDERAL MANDATES STATEMENT
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
PREEMPTION CLARIFICATION
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 6265 does
not preempt any State, local, or Tribal law.
DISCLOSURE OF DIRECTED RULE MAKINGS
The Committee estimates that H.R. 6265 would require no
directed rule makings.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
This section provides that this bill may be cited as the
``PreCheck is PreCheck Act of 2018''.
Sec. 2. Eligibility for TSA PreCheck expedited screening
This section requires that TSA (TSA) ensure that only
travelers who are members of a trusted traveler program use TSA
PreCheck security screening lanes at TSA checkpoints, not later
than one year after the enactment of this Act. However, any
traveler under the age of 12 or over the age of 75 who is not a
member of a trusted traveler program may utilize TSA PreCheck
security lanes at TSA checkpoints when traveling on the same
itinerary as a member of a trusted traveler program.
Trusted traveler programs include programs implemented by
the TSA under section 109(a)(3) of the Aviation and
Transportation Security Act (Public Law 107-71; 49 U.S.C. 114
note); and any other U.S. Government program that issues unique
identifiers that the TSA accepts as validating that the person
as member of a known low-risk population, such as a known
traveler number.
This bill shall not affect the ability of the TSA 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 the Honor Flight program.
Sec. 3. Risk modified screening
This section instructs TSA to pilot a risk modified
screening protocol, which further segments passengers based on
risk, for lanes other than designated TSA PreCheck security
screening lanes at TSA checkpoints. If the pilot is successful,
this risk modified screening protocol shall be implemented at
as many Transportation Security Administration checkpoints as
practicable, taking into consideration the level of risk at the
airport, the available space and passenger throughput levels at
the airport, and the checkpoint configuration at the airport.
Only low risk-passengers shall be eligible to undergo risk
modified screening at TSA checkpoints. These low-risk
passengers include those who meet intelligence-based criteria,
as outlined by the TSA Administrator, or have undergone canine
enhanced screening upon arrival at a TSA checkpoint.
Furthermore, TSA shall establish and utilize a working
group comprised of Category X,1,2,3, and 4 airports and air
carriers (as defined in section 40102 of title 49, United
States Code) to inform the implementation of the risk modified
screening protocol for lanes other than designated TSA PreCheck
security screening lanes at checkpoints in a manner which
ensures maximum security efficacy and efficiency. 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
This section mandates that the TSA 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. Once fully implemented, the TSA Administrator shall submit a
written certification that only travelers who are members of a
trusted traveler program are utilizing TSA PreCheck lanes at
TSA checkpoints, to the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate. Once the
certification is submitted, the briefings shall terminate.
Sec. 5. Inspector general assessments
This section requires the Inspector General of the
Department of Homeland Security to conduct an assessment,
beginning the calendar year after the certification is Section
4 is submitted, to determine if there has been a systematic
pattern of violations with respect to non-trusted travelers
using PreCheck lanes over the previous year. The results of
this assessment will be sent to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate. The
Inspector General will conduct these assessments on an annual
basis for 4 years after the certification outlined in Section 4
is submitted.
Sec. 6. PreCheck program expansion
This section requires TSA to implement a long-term strategy
to increase enrollment in the TSA Precheck Program and expand
the total population of trusted traveler programs.
In carrying out the long-term strategy, TSA shall seek to
partner with air carriers to incorporate PreCheck program
promotions opportunities in the reservation process, seek to
include Precheck Program individuals who hold a Secret, Top
Secret, or Top Secret/Sensitive Compartmented Information
clearance--unless the clearance was revoked or the individual
did not pass a periodic reinvestigation--or are current, full-
time Federal law enforcement officers.
In addition, TSA shall increase PreCheck enrollment
flexibility by offering a secure mobile enrollment platform and
develop initiatives to minimize the amount of travel to
PreCheck Program enrollment centers for applicants. These
initiatives shall include: adjusting the locations and
schedules of existing PreCheck Program enrollment centers to
accommodate demand; co-locating such centers with existing
passport issuance or Security Identification Display Areas
credential facilities, where practicable; and increasing the
availability of PreCheck enrollment kiosks, tablets, or staffed
laptop stations at airports.
TSA shall also assess the feasibility of providing
incentives for PreCheck Program enrollment for children between
the ages of 12 and 18, families of five or more individuals,
private sector entities, including small businesses, that
establish PreCheck Program enrollment centers in their
facilities or reimburse employees for the cost of the PreCheck
Program application.
Finally, the bill requires TSA to explore the possibility
of combining the PreCheck Program with other trusted traveler
programs, as defined in section 2(b).
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
As reported, H.R. 6265 makes no changes to existing law.
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