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Code · BILL · 114th Congress · H.R. 3584 (Referred in Senate) — To authorize, streamline, and identify efficiencies within the Transportation Security Administration, and for other... · Sec. 101

Sec. 101. TSA PreCheck

946 words·~4 min read·/bill/114/hr/3584/rfs/section-101·

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Not later than 90 days after the date of the enactment of this Act, the Administrator shall— ensure that all screening of passengers and their accessible property shall be conducted in a risk-based, intelligence-driven manner with consideration given to the privacy and civil liberties of such passengers; and operate a trusted passenger screening program known as TSA PreCheck that provides expedited screening for low-risk passengers and their accessible property based on a comprehensive and continuous analysis of factors specified in subsection (b).
Factors referred to in subsection (a)(2) shall include the following: Whether passengers described in such subsection are members of other trusted traveler programs of the Department. Whether such passengers are traveling pursuant to subsection
(m)of section 44903 of title 49, United States Code (as established under the Risk-Based Security for Members of the Armed Forces Act ( Public Law 112–86 )), section 44927 of such title (as established under the Helping Heroes Fly Act ( Public Law 113–27 )), or section 44928 of such title (as established under the Honor Flight Act ( Public Law 113–221 )). Whether such passengers possess an active security clearance or other credential issued by the Federal Government for which TSA has conducted a written threat assessment and determined that such passengers present a low risk to transportation or national security. Whether such passengers are members of a population for whom TSA has conducted a written security threat assessment, determined that such population poses a low risk to transportation or national security, and has issued such passengers a known traveler number. The ability of the Administration to verify such passengers’ identity and whether such passengers pose a risk to aviation security. Threats to transportation or national security as identified by the intelligence community and law enforcement community. Not later than 90 days after the date of the enactment of this Act, the Administrator shall publish PreCheck application enrollment standards to add multiple private sector application capabilities for the TSA PreCheck program to increase the public’s enrollment access to such program, including standards that allow the use of secure technologies, including online enrollment, kiosks, tablets, or staffed computer stations at which individuals can apply for entry into such program. Upon publication of the PreCheck program application enrollment standards pursuant to paragraph (1), the Administrator shall— coordinate with interested parties to deploy TSA-approved ready-to-market private sector solutions that meet the TSA PreCheck application enrollment standards described in paragraph (1), make available additional PreCheck enrollment capabilities, and offer secure online and mobile enrollment opportunities; partner with the private sector to collect biographic and biometric identification information via kiosks, mobile devices, or other mobile enrollment platforms to reduce the number of instances in which passengers need to travel to enrollment centers; ensure that the kiosks, mobile devices, or other mobile enrollment platforms referred to in subparagraph
(E)are secure and not vulnerable to data breaches; ensure that any biometric and biographic information is collected in a manner which is comparable with the National Institute of Standards and Technology standards and ensures privacy and data security protections, including that applicants’ 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 the Privacy Act of 1974 ), and agency regulations; ensure that an individual who wants to enroll in the PreCheck program and has started an application with a single identification verification at one location will be able to save such individual’s application on any kiosk, personal computer, mobile device, or other mobile enrollment platform and be able to return within a reasonable time to submit a second identification verification; and ensure that any enrollment expansion using a private sector risk assessment instead of a fingerprint-based criminal history records check is determined, by the Secretary of Homeland Security, to be equivalent to a fingerprint-based criminal history records check conducted through the Federal Bureau of Investigation. Upon publication of PreCheck program application enrollment standards pursuant to paragraph (1), the Administrator shall— in accordance with such standards, develop and implement— a process, including an associated timeframe, for approving private sector marketing of the TSA PreCheck program; and a strategy for partnering with the private sector to encourage enrollment in such program; and submit to Congress a report on any PreCheck fees collected in excess of the costs of administering such program, including recommendations for using such amounts to support marketing of such program under this subsection. Not later than 90 days after the date of the enactment of this Act, the Administrator shall— coordinate with the heads of appropriate components of the Department to leverage Department-held data and technologies to verify the citizenship of individuals enrolling in the TSA PreCheck program; and partner with the private sector to use advanced biometrics and standards comparable with National Institute of Standards and Technology standards to facilitate enrollment in such program. The Administrator shall— ensure that TSA PreCheck screening lanes are open and available during peak and high-volume travel times at airports to individuals enrolled in the PreCheck program; and make every practicable effort to provide expedited screening at standard screening lanes during times when PreCheck screening lanes are closed to individuals enrolled in such program in order to maintain operational efficiency. Not later than 90 days after the date of the enactment of this Act, the Administrator shall initiate an assessment of the security vulnerabilities in the vetting process for the PreCheck program that includes an evaluation of whether subjecting PreCheck 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.
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  • Pub. L. 112-86
  • Pub. L. 113-27
  • Pub. L. 113-221
Citation graph
cites case law
Sec. 101
TSA PreCheck
Pub. L.Pub. L. 112-86
Pub. L.Pub. L. 113-27
Pub. L.Pub. L. 113-221
Cites 3Cited by 0 across 0 sources
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