Secure Traveler Act

II Calendar No. 312 116TH CONGRESS 1ST SESSION S. 1349 [Report No. 116–163] To expand enrollment in TSA PreCheck to expedite commercial travel screening and improve airport security. IN THE SENATE OF THE UNITED STATES MAY 7, 2019 Mr. THUNE (for himself, Mr. PETERS, and Ms. DUCKWORTH) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation DECEMBER 2, 2019 Reported by Mr. WICKER, without amendment A BILL To expand enrollment in TSA PreCheck to expedite commercial travel screening and improve airport security. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Secure Traveler Act’’. 4 SEC. 2. DEFINITIONS. 5 In this Act: 6 VerDate Sep 11 2014 22:00 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1349.RS S1349 kjohnson on DSK79L0C42 with BILLS 2 •S 1349 RS (1) PUBLIC AGENCY.—The term ‘‘public agen- 1 cy’’ means the Federal Government, a State govern- 2 ment, a unit of local government, any combination 3 of such government entities, or any department, 4 agency, or instrumentality of any such government 5 entity. 6 (2) SPONSORING AGENCY.—The term ‘‘spon- 7 soring agency’’ means a government agency for 8 which a security clearance is obtained, as determined 9 by the Director of the National Background Inves- 10 tigations Bureau of the Office of Personnel Manage- 11 ment. 12 (3) PUBLIC SAFETY OFFICER.—The term ‘‘pub- 13 lic safety officer’’ means a person serving as a law 14 enforcement officer, as determined by the Attorney 15 General. 16 SEC. 3. TSA PRECHECK ENROLLMENT FOR INDIVIDUALS 17 WITH ACTIVE SECURITY CLEARANCE. 18 (a) PROCESS.—Not later than 180 days after the 19 date of the enactment of this Act, the Administrator of 20 the Transportation Security Administration, in consulta- 21 tion with the Director of the National Background Inves- 22 tigations Bureau of the Office of Personnel Management 23 and other appropriate departments and agencies of the 24 Federal Government, shall establish a process to permit 25 VerDate Sep 11 2014 22:00 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1349.RS S1349 kjohnson on DSK79L0C42 with BILLS 3 •S 1349 RS the verification of an active security clearance to enable 1 enrollment in TSA PreCheck. 2 (b) COMPONENTS.—In establishing the process re- 3 quired under subsection (a), the Administrator shall en- 4 sure that— 5 (1) eligible applicants for TSA PreCheck pro- 6 vide verification of active clearance through coordi- 7 nation with their sponsoring agency; 8 (2) active clearance is required at the time an 9 application is submitted and at the time of its ap- 10 proval; 11 (3) interim security clearance is not accepted 12 for purposes of paragraphs (1) and (2); and 13 (4) approved applicants are assigned a trusted 14 traveler number. 15 (c) ELIGIBLE LEVELS OF CLEARANCE.—An indi- 16 vidual holding any of the following security clearances 17 shall be eligible to participate in TSA PreCheck under the 18 process established under subsection (a): 19 (1) Secret. 20 (2) Top Secret, including Sensitive Compart- 21 mented Information. 22 (3) L Clearance. 23 (4) Q Clearance. 24 (5) Yankee White, all categories. 25 VerDate Sep 11 2014 22:00 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1349.RS S1349 kjohnson on DSK79L0C42 with BILLS 4 •S 1349 RS (d) FEES.—Any individual who enrolls in TSA 1 PreCheck through the process established under sub- 2 section (a) shall submit any fee required to cover the costs 3 of participation in such program. Notwithstanding section 4 3302 of title 31, United States Code, such fee shall be 5 retained and used by the Transportation Security Admin- 6 istration. 7 (e) TERMINATION; RENEWAL.— 8 (1) TERM.—If an individual remains eligible for 9 membership in TSA PreCheck under the require- 10 ments established by the Transportation Security 11 Administration, his or her participation in TSA 12 PreCheck will terminate on the date that is 5 years 13 after the date on which such enrollment is approved 14 unless it is renewed in accordance with applicable 15 law. 16 (2) REVOCATION.— 17 (A) IN GENERAL.—An individual’s partici- 18 pation in TSA PreCheck that was initiated 19 through the process established under sub- 20 section (a) shall be terminated if the underlying 21 security clearance is revoked, as determined by 22 the sponsoring agency. 23 (B) EXCEPTIONS.—Except as provided in 24 subparagraph (A), an individual’s participation 25 VerDate Sep 11 2014 22:00 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1349.RS S1349 kjohnson on DSK79L0C42 with BILLS 5 •S 1349 RS in TSA PreCheck that was initiated through 1 the process established under subsection (a) 2 may be revoked, at the discretion of the Admin- 3 istrator, if— 4 (i) the individual is determined to 5 pose a threat to aviation or national secu- 6 rity; and 7 (ii) the underlying security clearance 8 is inactivated as a result of a change of the 9 individual’s employment or the end of an 10 individual’s appointment in a particular 11 position. 12 SEC. 4. TSA PRECHECK ENROLLMENT FOR LAW ENFORCE- 13 MENT OFFICERS. 14 (a) PROCESS.—Not later than 180 days after the 15 date of the enactment of this Act, the Administrator of 16 the Transportation Security Administration, in consulta- 17 tion with the Attorney General, shall establish a process 18 to permit the enrollment of certain law enforcement offi- 19 cers in TSA PreCheck. 20 (b) COMPONENTS.—In establishing the process re- 21 quired under subsection (a), the Attorney General and the 22 Administrator shall ensure that— 23 VerDate Sep 11 2014 22:00 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1349.RS S1349 kjohnson on DSK79L0C42 with BILLS 6 •S 1349 RS (1) eligible applicants for TSA PreCheck pro- 1 vide verification of active employment through co- 2 ordination with their sponsoring agency; 3 (2) active employment in good standing is re- 4 quired— 5 (A) at the time an application is sub- 6 mitted; and 7 (B) at the time an application is approved; 8 (3) interim disciplinary status is not accepted 9 for purposes of paragraphs (1) and (2); and 10 (4) approved applicants are assigned a trusted 11 traveler number. 12 (c) ELIGIBLE LAW ENFORCEMENT OFFICERS.—An 13 individual shall be eligible to participate in TSA PreCheck 14 under the process established under subsection (a) if he 15 or she— 16 (1) is a public safety officer for a public agency 17 (including a court system) that receives Federal fi- 18 nancial assistance; 19 (2) is a law enforcement officer for a public 20 agency; or 21 (3) occupies another position, as deemed appro- 22 priate by the Attorney General and the Adminis- 23 trator. 24 VerDate Sep 11 2014 22:00 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1349.RS S1349 kjohnson on DSK79L0C42 with BILLS 7 •S 1349 RS (d) FEES.—Any individual who enrolls in TSA 1 PreCheck through the process established under sub- 2 section (a) shall submit any fee required to cover the costs 3 of participation in such program. Notwithstanding section 4 3302 of title 31, United States Code, such fee shall be 5 retained and used by the Transportation Security Admin- 6 istration. 7 (e) TERMINATION; RENEWAL.— 8 (1) TERM.—If an individual remains eligible for 9 membership in TSA PreCheck under the require- 10 ments established by the Transportation Security 11 Administration, his or her participation in TSA 12 PreCheck shall terminate on the date that is 5 years 13 after the date on which such enrollment is approved 14 unless such enrollment is renewed in accordance 15 with applicable law. 16 (2) REVOCATION.—An individual’s participation 17 in TSA PreCheck that was initiated through the 18 process established under subsection (a)— 19 (A) shall be revoked if the underlying em- 20 ployment is terminated or suspended, as deter- 21 mined by the sponsoring agency; and 22 (B) may be revoked, at the discretion of 23 the Attorney General and the Administrator, 24 VerDate Sep 11 2014 22:00 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1349.RS S1349 kjohnson on DSK79L0C42 with BILLS 8 •S 1349 RS based on the termination of the underlying em- 1 ployment if such termination is a result of— 2 (i) a voluntary change of the individ- 3 ual’s employment; or 4 (ii) the expiration of the term of serv- 5 ice in a particular position to which an in- 6 dividual was appointed. 7 SEC. 5. REPORT ON EXPANDED ENROLLMENT FOR TRUST- 8 ED TRAVELER PROGRAMS. 9 (a) IN GENERAL.—Not later than 270 days after the 10 date of the enactment of this Act, the Commissioner of 11 U.S. Customs and Border Protection and the Adminis- 12 trator of the Transportation Security Administration, in 13 consultation with the Attorney General, the Director of 14 the National Background Investigations Bureau of the Of- 15 fice of Personnel Management, and other appropriate de- 16 partments and agencies of the Federal Government, shall 17 submit a report to Congress on the feasibility of expanding 18 the enrollment processes established under sections 3 and 19 4 to the Trusted Traveler Programs listed in subsection 20 (b). 21 (b) TRUSTED TRAVELER PROGRAMS.—The programs 22 listed in this subsection are— 23 (1) Global Entry; 24 (2) SENTRI; 25 VerDate Sep 11 2014 22:00 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1349.RS S1349 kjohnson on DSK79L0C42 with BILLS 9 •S 1349 RS (3) NEXUS; and 1 (4) any travel facilitation program that is simi- 2 lar to any of the programs listed in paragraphs (1) 3 though (3) and has been designated by the Secretary 4 of Homeland Security to be included in the report 5 required under subsection (a). 6 VerDate Sep 11 2014 22:00 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1349.RS S1349 kjohnson on DSK79L0C42 with BILLS Calendar No. 312 116TH CONGRESS 1ST SESSION S. 1349 [Report No. 116–163] A BILL To expand enrollment in TSA PreCheck to expedite commercial travel screening and improve airport security. DECEMBER 2, 2019 Reported without amendment VerDate Sep 11 2014 22:00 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6651 Sfmt 6651 E:\BILLS\S1349.RS S1349 kjohnson on DSK79L0C42 with BILLS