[Senate Report 116-163]
[From the U.S. Government Publishing Office]
Calendar No. 312
116th Congress } { Report
SENATE
1st Session } { 116-163
_______________________________________________________________________
SECURE TRAVELER ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1349
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 2, 2019.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
99-010 WASHINGTON : 2019
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred sixteenth congress
first session
ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROY BLUNT, Missouri AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska TOM UDALL, New Mexico
CORY GARDNER, Colorado GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah JON TESTER, Montana
RON JOHNSON, Wisconsin KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana JACKY ROSEN, Nevada
RICK SCOTT, Florida
John Keast, Staff Director
David Strickland, Minority Staff Director
Calendar No. 312
116th Congress } { Report
SENATE
1st Session } { 116-163
======================================================================
SECURE TRAVELER ACT
_______
December 2, 2019.--Ordered to be printed
_______
Mr. Wicker, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1349]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1349) to expand enrollment in
TSA PreCheck to expedite commercial travel screening and
improve airport security, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
Purpose of the Bill
The Secure Traveler Act would expand enrollment in the
Transportation Security Administration's PreCheck program (TSA
PreCheck) for individuals who have passed extensive background
checks, such as Federal employees holding an active security
clearance and law enforcement officers.
Background and Needs
Under the Secure Traveler Act, persons in positions of
public trust holding active security clearances would not have
to undergo a second background check when applying for TSA
PreCheck. This would not only expedite their application
process and incentivize their participation in the program, but
it also would free up capacity to screen other applicants
without active security clearances. Applicants would still be
subject to other program requirements, including paying all
applicable fees, and participants would still pass through
airport security. Active duty military personnel are already
enrolled in TSA PreCheck, and Department of Defense civilians
are currently able to opt-in for the program.
Summary of Provisions
S. 1349 would do the following:
Require the Administrator of the TSA, in
consultation with the Director of the National
Background Investigations Bureau, to create a process
to verify an active security clearance for applicants
in lieu of a background check.
Require the Administrator of the TSA, in
consultation with the Attorney General, to establish a
process to permit the expedited enrollment of certain
public safety and law enforcement officers.
Continue to require applicants to pay all associated
fees upon enrollment. U.S. citizens and lawful
permanent residents may apply for TSA PreCheck at a
cost of $85 for 5 years. Once approved, travelers would
receive a trusted traveler number and would have the
opportunity to utilize expedited lanes at select
security checkpoints when flying.
Require the Administrator of the TSA and
Commissioner of U.S. Customs and Border Protection, in
consultation with the Attorney General, Director of the
National Background Investigations Bureau, and other
appropriate departments, to report on the feasibility
of expanding the TSA PreCheck program created by this
Act to other Trusted Traveler Programs, such as Global
Entry.
Legislative History
S. 1349 was introduced on March 7, 2019, by Senator Thune
(for himself and Senator Peters) and was referred to the
Committee on Commerce, Science, and Transportation of the
Senate. Senator Duckworth is an additional cosponsor. On July
24, 2019, the Committee met in open Executive Session and, by
voice vote, ordered S. 1349 reported favorably without
amendment.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 1349 would direct the Transportation Security
Administration (TSA) to develop a process so that law
enforcement officers and people with active security clearances
could enroll in the PreCheck program without going through the
normal application process. PreCheck expedites the security
screening process for commercial airline travelers. Under the
bill, TSA would develop procedures to verify that applicants
meet the qualifications in the bill. Applicants who qualify
under the bill would still pay the applicable cost-recovery
fees to TSA to participate in the PreCheck program.
Using information from TSA, CBO estimates that the agency
would incur administrative costs to establish the procedures to
verify that applicants qualify would total about $1 million
over the 2020-2024 period, subject to the availability of
appropriated funds.
The CBO staff contact for this estimate is Madeleine Fox.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 1349, as reported, would allow people who are already
serving in positions of public trust to more easily enroll in
TSA PreCheck.
S. 1349 requires the Administrator of the TSA to create two
new processes in consultation with other specified Federal
agencies: one process to verify an active security clearance
for applicants in lieu of a background check, and a second
process to permit the expedited enrollment of certain public
safety and law enforcement officers. The legislation also
includes a reporting requirement, specifically for the
Administrator of the TSA in consultation with specified and
appropriate Federal agencies to report on the feasibility of
expanding the TSA PreCheck program created by this act to other
Trusted Traveler Programs, such as Global Entry. The
legislation will have no further effect on the number or types
of individuals and businesses regulated, the economic impact of
such regulation, the personal privacy of affected individuals,
or the paperwork required from such individuals and businesses.
ECONOMIC IMPACT
S. 1349, as reported, is not expected to have a negative
impact on the Nation's economy.
PRIVACY
S. 1349, as reported, is not expected to impact the
personal privacy of individuals.
PAPERWORK
S. 1349, as reported, would not create increases in
paperwork burdens if enacted.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide that the bill may be cited as
the ``Secure Traveler Act''.
Section 2. Definitions.
(1) Public agency.--The term ``public agency'' means the
Federal Government, a State government, a unit of local
government, any combination of such government entities, or any
department, agency, or instrumentality of any such government
entity.
(2) Sponsoring agency.--The term ``sponsoring agency''
means a government agency for which a security clearance is
obtained, as determined by the Director of the National
Background Investigations Bureau of the Office of Personnel
Management.
(3) Public safety officer.--The term ``public safety
officer'' means a person serving as a law enforcement officer,
as determined by the Attorney General.
Section 3. TSA PreCheck enrollment for individuals with active security
clearance.
The Administrator of the TSA would, in consultation with
the Director of the National Background Investigations Bureau,
create a process to verify an active security clearance for TSA
PreCheck applicants in lieu of a background check. Applicants
would still be required to pay all associated fees when
applying. This section also provides that an applicant's
participation in the TSA PreCheck program will be terminated if
the underlying security clearance is revoked.
Section 4. TSA PreCheck enrollment for law enforcement officers.
The Administrator of the TSA would, in consultation with
the Attorney General, establish a process to permit the
expedited enrollment of certain public safety and law
enforcement officers.
Applicants would still be required to pay all associated
fees upon enrollment. This section also provides that an
applicant's participation in the TSA PreCheck program will be
revoked if the underlying employment supporting expedited
enrollment is terminated.
Section 5. Report on expanded enrollment for Trusted Traveler Programs.
The Administrator of the TSA and Commissioner of U.S.
Customs and Border Protection, in consultation with the
Attorney General, Director of the National Background
Investigations Bureau, and other appropriate departments, would
report on the feasibility of expanding the TSA PreCheck program
created by this Act to other Trusted Traveler Programs, such as
Global Entry.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.
[all]