79–006 

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: 

2 

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 TransVerDate Sep 11 2014 00:50 Sep 07, 2018 Jkt 079006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6621 E:\HR\OC\HR912.XXX HR912
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portation 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— 

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(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 ProVerDate Sep 11 2014 00:50 Sep 07, 2018 Jkt 079006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR912.XXX HR912
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gram 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. 

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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. 

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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 

8 

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. 

9 

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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