[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










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                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:

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    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]