[Senate Report 116-188]
[From the U.S. Government Publishing Office]


116th Congress                                               { Report
                                 SENATE
 1st Session                                                 { 116-188
_______________________________________________________________________


       TSA CREDENTIAL AND ENDORSEMENT HARMONIZATION ACT OF 2019

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                 OF THE

                          UNITED STATES SENATE

              
              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               December 19, 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
               
               
               

116th Congress }                                            { Report
                                 SENATE
 1st Session   }                                            { 116-188

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        TSA CREDENTIAL AND ENDORSEMENT HARMONIZATION ACT OF 2019

                                _______
                                

               December 19, 2019.--Ordered to be printed

                                _______
                                

       Mr. Wicker, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2035) to require the 
Transportation Security Administration to develop a strategic 
plan to expand eligibility for the PreCheck Program to 
individuals with Transportation Worker Identification 
Credentials or Hazardous Materials Endorsements, having 
considered the same, ordered to be reported favorably thereon 
without amendment and recommended that the bill do pass. The 
bill was discharged and passed without amendment in the Senate 
by unanimous consent.

                          Purpose of the Bill

    This legislation requires the Transportation Security 
Administration (TSA) to develop a plan to expand TSA PreCheck 
eligibility to relevant Transportation Worker Identification 
Credential (TWIC) or Hazardous Materials Endorsement (HME)-
endorsed individuals. The bill would allow TSA to establish an 
alternative fee structure to carry out the program.

                          Background and Needs

    The Maritime Transportation Security Act requires that 
workers who must access certain secure areas of maritime 
facilities and vessels obtain a TWIC. TSA conducts a security 
threat assessment (background check) to determine a person's 
eligibility and issues the credential. U.S. citizens and 
immigrants in certain immigration categories may apply for the 
credential. Most mariners licensed by the Coast Guard also 
require the TWIC credential.
    The Hazardous Materials Endorsement Threat Assessment 
Program conducts a threat assessment for any driver seeking to 
obtain, renew, or transfer a HME on a State-issued commercial 
driver's license (CDL). Operators must apply for an HME 
endorsement if they have a State-issued CDL and are required to 
transport certain materials pursuant to Department of 
Transportation hazardous materials regulations.
    Since TSA conducts a security threat assessment when 
issuing a TWIC or HME, implementation of the plan required by 
S. 2035 would save agency resources if and when individuals 
with these credentials apply to enter TSA PreCheck.

                         Summary of Provisions

    If enacted, S. 2035 would require TSA to issue a strategic 
plan within 180 days of enactment to expand the eligibility of 
the PreCheck Program to certain individuals in the 
transportation industry who have gone through previous security 
reviews.

                          Legislative History

    S. 2035 was introduced on June 27, 2019, by Senator 
Duckworth (for herself and Senator Young) and was referred to 
the Committee on Commerce, Science, and Transportation of the 
Senate. On July 24, 2019, the Committee met in open Executive 
Session and, by voice vote, ordered S. 2035 reported favorably 
without amendment. On September 10, 2019, the bill was 
discharged and passed in the Senate without amendment by 
unanimous consent. On September 11, 2019, S. 2035 was referred 
to the Committee on Homeland Security of the House of 
Representatives.

                            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. 2035 would require the Transportation Security 
Administration (TSA) to issue a strategic plan within 180 days 
of enactment to expand the eligibility of the PreCheck Program 
to certain individuals in the transportation industry who have 
gone through previous security reviews. PreCheck is a trusted 
traveler program administered by the TSA that allows 
preapproved passengers to use expedited security lanes in 
airports. Based on the cost of similar activities, CBO 
estimates that preparing the strategic plan would cost less 
than $500,000 in 2020; any spending would be subject to the 
availability of appropriated funds.
    The CBO staff contact for this estimate is Matthew 
Pickford. 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. 2035, as reported, would not create any new programs or 
impose any new regulatory requirements. Therefore, it would not 
subject any individuals or businesses to new regulations.

                            economic impact

    S. 2035, as reported, is not expected to have a negative 
impact on the Nation's economy.

                                privacy

    S. 2035, as reported, would not have any adverse impact on 
the personal privacy of individuals.

                               paperwork

    S. 2035, as reported, would not increase paperwork 
requirements for private individuals or businesses. S. 2035 
would require the TSA to develop a plan to expand PreCheck 
eligibility to TWIC and HME-endorsed individuals.

                   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 ``TSA Credential and Endorsement Harmonization Act of 
2019''.

Section 2. Strategic plan to expand the TSA PreCheck Program.

    This section would require the TSA Administrator to develop 
a strategic plan to expand eligibility for the PreCheck Program 
no later than 180 days after enactment. The plan must ensure 
that individuals with TWICs or HMEs can opt into the PreCheck 
Program if they are eligible. It also would establish 
alternative fee structures for the program. Finally, 30 days 
after developing the plan, the Administrator would be required 
to brief the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Homeland Security of the 
House of Representatives on the strategic plan.

                        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.