49 U.S.C. § 44919 — PreCheck Program

(a) In general. The Administrator of the TSA must keep running the PreCheck Program, the expedited-screening program, following section 109(a)(3) of the Aviation and Transportation Security Act. (b) Expansion. Within 180 days after the TSA Modernization Act became law, the Administrator had to sign agreements -- using the special contracting power in section 114(m) of this title -- with at least two private companies, to give the public more ways to sign up for PreCheck. (c) Minimum capability requirements. At least one of those private-company agreements must let people enroll completely online or through a mobile app, from start to finish. It must also allow vetting applicants by means other than fingerprints, such as a risk assessment, but only if: that method is evaluated and certified by the Secretary of Homeland Security; it counts as a "qualified anti-terrorism technology" under section 865 of the Homeland Security Act of 2002; the Administrator determines it screens out disqualifying criminal history as effectively as an FBI fingerprint-based check; and, for private-sector risk assessments specifically, the Secretary has certified that the information used is handled accurately, relevantly, and properly. (d) Additional capability requirements. At least one agreement must also allow start-to-finish online or mobile enrollment, plus vetting by biometrics, if that biometric collection matches the relevant National Institute of Standards and Technology standards; protects privacy and data security consistent with the Privacy Act of 1974 and agency rules; is evaluated and certified by the Secretary of Homeland Security; and is determined by the Administrator to be as effective as an FBI fingerprint-based check at catching disqualifying criminal history. (e) Target enrollment. Subject to subsections (b) through (d), the Administrator had to grow PreCheck enrollment to 7,000,000 passengers before October 1, 2019; 10,000,000 before October 1, 2020; and 15,000,000 before October 1, 2021. (f) Marketing. Within 90 days of the TSA Modernization Act becoming law, the Administrator had to sign at least two agreements, again using the section 114(m) contracting power, to market the PreCheck Program, and to put in place a long-term plan to work with the private sector to boost enrollment. (g) Identity verification enhancement. The Administrator must work with the right parts of the Department of Homeland Security to use the Department's data and technology to confirm the identity and citizenship of people enrolling in PreCheck; partner with the private sector to use biometrics and standards like those from the National Institute of Standards and Technology to make enrollment easier; and consider using airports' existing resources to collect fingerprints for background checks, to speed up identity verification. (h) PreCheck lanes operation. The Administrator must keep PreCheck screening lanes open at the right airports during peak and high-traffic travel times for enrolled travelers, and must do everything practical to offer expedited screening at regular lanes when the PreCheck lanes are closed, so operations still run smoothly. (i) Eligibility of members of the Armed Forces for expedited screening. Members of the Armed Forces, including reserve and National Guard members, cadets and midshipmen at the U.S. service academies, and a family member under age 12 who is traveling with one of them, are eligible for expedited PreCheck screening. The Administrator sets the exact policies for this, in consultation with the Secretary of Defense and, for the Coast Guard, the Commandant. (j) Vetting for PreCheck participants. The Administrator must assess the PreCheck vetting process for security gaps, including whether adding recurring fingerprint-based criminal history checks -- on top of the recurring terrorist watchlist checks already done -- could be done affordably to make the program more secure. (k) Assurance of a separate program. The private-sector enrollment options added under subsections (b) through (d) must be offered in addition to, not instead of, any other related TSA program or contract, including the Universal Enrollment Services program. (l) Expenditure of funds. Any federal money the Administrator spends to grow PreCheck enrollment must be spent in a way that follows all the requirements of this section.