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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.

                                  [all]