[Senate Report 116-238]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 489

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-238

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         TRAVELING PARENTS SCREENING CONSISTENCY ACT OF 2019

                               __________

                              R E P O R T

                                OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   ON

                                S. 2381

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                 June 30, 2020.--Ordered to be printed
                 
                 
                              __________
               
               
                    U.S. GOVERNMENT PUBLISHING OFFICE                    
                           WASHINGTON : 2020                     
          
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       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred sixteenth congress
                             second 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
               
               
 
              TRAVELING PARENTS SCREENING CONSISTENCY ACT 
                                OF 2019

                                _______
                                

                 June 30, 2020.--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. 2381]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2381) to require review by the 
Government Accountability Office of screening protocols of the 
Transportation Security Administration relating to breast milk 
and formula, and for other purposes, having considered the 
same, reports favorably thereon with an amendment (in the 
nature of a substitute) and recommends that the bill (as 
amended) do pass.

                          PURPOSE OF THE BILL

    The purpose of S. 2381, the Traveling Parents Screening 
Consistency Act, is to require a review by the Government 
Accountability Office (GAO) of screening protocols of the 
Transportation Security Administration (TSA) relating to breast 
milk and formula.

                          Background and Needs

    The Traveling Parents Screening Consistency Act requires 
the GAO to review whether TSA is fully and consistently 
implementing the Bottles and Breastfeeding Equipment Screening 
(BABES) Act,\1\ which was enacted in 2016 to create certainty 
for traveling parents and to hold TSA accountable for upholding 
consistent screening procedures for breast milk and formula.
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    \1\Public Law 114-293; 49 U.S.C. 44901 note.
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                          LEGISLATIVE HISTORY

    S. 2381 was introduced on July 31, 2019, by Senator McSally 
(for herself and Senators Jones, Blumenthal, and Cramer) and 
was referred to the Committee on Commerce, Science, and 
Transportation of the Senate. Senator Warren is an additional 
cosponsor. On December 11, 2019, the Committee met in open 
Executive Session and, by voice vote, ordered S. 2381 reported 
favorably with an amendment (in the nature of a substitute).
    H.R. 3246, a House companion bill, was introduced on June 
13, 2019, by Representative Van Taylor (for himself and 
Representative Kathleen Rice) and was referred to the Committee 
on Homeland Security in the House of Representatives. There are 
five additional cosponsors. On September 26, 2019, that bill 
was passed by voice vote in the House of Representatives.
    On December 16, 2016, in the 114th Congress, President 
Obama signed the BABES Act into law. The law requires the TSA 
to better accommodate parents traveling with breast milk, 
infant food and feeding equipment. Specifically, the law 
requires TSA to provide ongoing training to ensure its officers 
consistently enforce TSA special procedures related to breast 
milk, formula, and infant feeding equipment across all airport 
security checkpoints.

                            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. 2381 would require the Government Accountability Office 
(GAO) to review the Transportation Security Administration's 
implementation of the Bottles and Breastfeeding Equipment 
Screening Act. Using information about the cost of other GAO 
studies, CBO estimates that the review would cost less than 
$500,000.
    On August 7, 2019, CBO transmitted a cost estimate for H.R. 
3246, the Traveling Parents Screening Consistency Act of 2019, 
as ordered reported by the House Committee on Homeland Security 
on July 17, 2019. The bills are similar, and CBO's estimates of 
their budgetary effects are the same.
    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. 2381 would have no further effect on the number or types 
of individuals and businesses regulated.

Economic Impact

    S. 2381 would have no further economic impact.

Privacy

    S. 2381 would have no further impact on the personal 
privacy of affected individuals.

Paperwork

    S. 2381 would require the Comptroller General of the United 
States to conduct a review of the implementation by the TSA of 
the BABES Act, and the effectiveness of TSA in ensuring the 
clarity and consistency of protocols relating to the screening 
of breast milk and other liquids for consumption by infants. 
This review will include an assessment of TSA's screening 
process for breast milk and other liquids for consumption by 
infants and make recommendations for improving the practices of 
TSA relating to such screening.

                   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 ``Traveling Parents Screening Consistency Act of 2019''.

Section 2. Comptroller General review of implementation by 
        Transportation Security Administration of screening protocols 
        relating to breast milk and formula.

    This section would require the Comptroller General of the 
United States to conduct a review of the TSA's implementation 
of the BABES Act no later than one year after the date of 
enactment of this Act. Specifically, the Comptroller General 
shall include the following items in the review:
   Consider whether TSA effectively manages consistency 
        of screening protocol applications for formula, breast 
        milk, purified deionized water for infants, and juice, 
        including the extent to which transportation security 
        officers engage in screening beyond that which is 
        prescribed through relevant policies and training.
   Evaluate the need for TSA to update and revise 
        procedures for such screening.
   Assess whether TSA effectively tracks passenger 
        complaints related to such screening to monitor trends 
        and identify inconsistencies.
   Evaluate TSA's communications and information 
        sharing practices for passengers, air carriers, and 
        airports relating to protocols for such screening.
   Evaluate TSA's policies regarding the screening of 
        passengers with nursing products, including the extent 
        to which such passengers are more likely to receive 
        secondary screening.
   Make recommendations for improving TSA's overall 
        practices relating to such screening.

                        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]