[Senate Report 116-187]
[From the U.S. Government Publishing Office]


116th Congress  }                                            {   Report
                                 SENATE                          
1st Session     }                                            {   116-187
_______________________________________________________________________

                                     




           VETERANS EXPEDITED TSA SCREENING SAFE TRAVEL ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                 OF THE

                          UNITED STATES SENATE




               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    }                                              {  116-187

======================================================================



 
            VETERANS EXPEDITED TSA SCREENING SAFE TRAVEL ACT

                                _______
                                

               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. 1881) to provide PreCheck to 
certain severely injured or disabled veterans, and for other 
purposes, 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 would provide TSA PreCheck as a no cost 
benefit for qualified Veterans who are amputees, blind, or 
paralyzed.

                          Background and Needs

    According to the Transportation Security Administration 
(TSA), the use of TSA PreCheck in conjunction with TSA Cares (a 
helpline for veterans with disabilities, medical conditions and 
other special circumstances) would provide the best experience 
for these disabled veterans. There are approximately 70,000\1\ 
amputee veterans, 100,000\2\ paralyzed veterans, and 130,000\3\ 
legally blind veterans in this country. Providing no-cost TSA 
PreCheck to selected severely disabled veterans would make it 
easier and less time consuming for them to clear the 
checkpoint. TSA has stated that available carryover funds would 
cover the initial enrollment fee for all covered disabled 
veterans (5 years) without impact to TSA PreCheck fees charged 
to others.\4\
---------------------------------------------------------------------------
    \1\U.S. Department of Veterans Affairs, Veterans Health 
Administration Amputee Cube.
    \2\Paralyzed Veterans of America, Frequently Asked Questions 
(https://www.pva.org/about-us/frequently-asked-questions/) (``There are 
an estimated 100,000 American veterans with a spinal cord injury or 
disease.'').
    \3\U.S. Department of Veterans Affairs, Office of Research & 
Development. VA Research on Vision Loss (https://www.research.va.gov/
topics/visionloss.cfm) (noting that ``VA's Office of Blind 
Rehabilitation Services estimates that there are approximately 130,000 
Veterans in the United States who are legally blind'').
    \4\Transportation Security Administration technical drafting 
assistance provided on July 25, 2019.
---------------------------------------------------------------------------
    TSA PreCheck involves a vetting process that assures TSA it 
is dealing with a trusted traveler.

                         Summary of Provisions

    S. 1881 would do the following:
   Provide certain disabled veterans with access to the 
        PreCheck Program at no cost to the veteran if the 
        veteran is able to meet the background check and other 
        security requirements for participation in the program.
   Defines eligible veterans as those who ``have had a 
        loss, or loss of use, of a limb, have become paralyzed 
        or partially paralyzed, have incurred permanent 
        blindness; and as a result of that loss, paralyzation 
        or partial paralyzation, or blindness, to require the 
        use of a wheelchair, prosthetic limb, or other 
        assistive device to aid with mobility''.
   Requires the TSA Administrator and the Secretary of 
        Veterans Affairs to develop and implement a process for 
        providing TSA with the data needed to validate the 
        eligibility of a veteran for no-cost enrollment in the 
        PreCheck Program within 180 days of enactment of the 
        Act.

                          Legislative History

    S. 1881 was introduced on June 18, 2019, by Senator Young 
(for himself and Senator Duckworth) and was referred to the 
Committee on Commerce, Science, and Transportation of the 
Senate. Senators Tester and Braun are additional cosponsors. On 
July 10, 2019, the Committee met in open Executive Session and, 
by voice vote, ordered S. 1881 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. 1881 was received in 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:




    S. 1881 would waive the $85 fee for disabled veterans, as 
defined in the act, who wish to enroll in the PreCheck program 
operated by the Transportation Security Administration (TSA). 
PreCheck expedites the security screening process for 
commercial airline travelers. Those veterans also would need to 
meet the applicable security requirements for participating in 
PreCheck. About 7 million people (or 3 percent of the adult 
population) are enrolled in PreCheck. The $85 fee covers all of 
TSA's costs to enroll a person in the program.
    Using information from the Department of Veterans Affairs 
(VA), CBO estimates that around 300,000 veterans would meet the 
qualifications for the fee waiver. CBO expects that some of the 
veterans who would qualify for the fee waiver would probably 
take advantage of the fee waiver to reenroll over the next five 
years while other veterans would enroll in PreCheck for the 
first time.
    CBO has no specific data on disabled veterans enrolled in 
PreCheck, but we assume that disabled veterans are enrolled at 
about the same rate as the population as a whole. On that 
basis, CBO estimates that around 3 percent of disabled veterans 
(or about 9,000 veterans) are already enrolled in the program 
and would reenroll at no cost over the next five years. CBO 
estimates another 60,000 eligible veterans would enroll for the 
first time over the next five years. The cost to conduct 
background checks would not change, but more appropriated funds 
would be required to compensate TSA for the loss of the fee 
income under the legislation. Thus, CBO estimates that assuming 
availability of appropriated funds, implementing the 
legislation would cost about $5 million ovr the 2020-2024 
period.
    The CBO staff contact for this estimate is Madeleine Fox. 
The estimate was reviewed by H. Samuel Papenfuss, 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. 1881, as reported, would not create any new programs and 
thus will have no additional regulatory impact. It also would 
not generate additional reporting requirements and have no 
further effect on the number or types of individuals and 
businesses regulated.

                            economic impact

    S. 1881, as reported, would have no further effect on the 
economic impact of such regulation.

                                privacy

    S. 1881, as reported, would have no further effect on the 
personal privacy of affected individuals.

                               paperwork

    S. 1881, as reported, would have no further effect on the 
paperwork required from individuals and businesses. It would 
require the TSA Administrator and Secretary of Veterans Affairs 
to develop and implement a new process for providing TSA with 
the data needed to validate the eligibility of applying 
veterans.

                   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 ``Veterans Expedited TSA Screening Safe Travel Act'' or the 
``VETS Safe Travel Act''.

Section 2. Availability of PreCheck Program to certain severely injured 
        or disabled veterans

    This section would make certain severely injured or 
disabled veterans eligible for access to the PreCheck Program 
at no cost to the veteran if the veteran is able to meet the 
background check and other security requirements for 
participation in the program. The section also would define 
eligible veterans as those who ``have had a loss, or loss of 
use, of a limb, have become paralyzed or partially paralyzed, 
have incurred permanent blindness; and as a result of that 
loss, paralyzation or partial paralyzation, or blindness, to 
require the use of a wheelchair, prosthetic limb, or other 
assistive device to aid with mobility''. Finally, the section 
would require the TSA Administrator and the Secretary of 
Veterans Affairs, within 180 days of the date of enactment of 
the Act, to develop and implement a process for providing TSA 
with the data needed to validate the eligibility of a veteran 
for no-cost enrollment in the PreCheck Program.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                        TITLE 49--TRANSPORTATION


                    SUBTITLE VII--AVIATION PROGRAMS

                    PART A--AIR COMMERCE AND SAFETY

                          SUBPART III--SAFETY

                         CHAPTER 449--SECURITY

                       SUBCHAPTER I--REQUIREMENTS

Sec. 44927. Expedited screening for severely injured or disabled 
                    members of the Armed Forces and severely injured or 
                    disabled veterans

  (a) Passenger Screening.--The Administrator of the 
Transportation Security Administration, in consultation with 
the Secretary of Defense, the Secretary of Veterans Affairs, 
and organizations identified by the Secretaries of Defense and 
Veterans Affairs that advocate on behalf of severely injured or 
disabled members of the Armed Forces and severely injured or 
disabled veterans, shall develop and implement a process to 
support and facilitate the ease of travel and to the extent 
possible provide expedited passenger screening services for 
severely injured or disabled members of the Armed Forces and 
severely injured or disabled veterans through passenger 
screening. The process shall be designed to offer the 
individual private screening to the maximum extent practicable.
  (b) Operations Center.--As part of the process under 
subsection (a), the Administrator of the Transportation 
Security Administration shall maintain an operations center to 
provide support and facilitate the movement of severely injured 
or disabled members of the Armed Forces and severely injured or 
disabled veterans through passenger screening prior to boarding 
a passenger aircraft operated by an air carrier or foreign air 
carrier in air transportation or intrastate air transportation.
  (c) Protocols.--The Administrator of the Transportation 
Security Administration shall--
          (1) establish and publish protocols, in consultation 
        with the Secretary of Defense, the Secretary of 
        Veterans Affairs, and the organizations identified 
        under subsection (a), under which a severely injured or 
        disabled member of the Armed Forces or severely injured 
        or disabled veteran, or the family member or other 
        representative of such member or veteran, may contact 
        the operations center maintained under subsection (b) 
        and request the expedited passenger screening services 
        described in subsection (a) for that member or veteran; 
        and
          (2) upon receipt of a request under paragraph (1), 
        require the operations center to notify the appropriate 
        Federal Security Director of the request for expedited 
        passenger screening services, as described in 
        subsection (a), for that member or veteran.
  (d) Training.--The Administrator of the Transportation 
Security Administration shall integrate training on the 
protocols established under subsection (c) into the training 
provided to all employees who will regularly provide the 
passenger screening services described in subsection (a).
  (e) Rule of Construction.--Nothing in this section shall 
affect the authority of the Administrator of the Transportation 
Security Administration to require additional screening of a 
severely injured or disabled member of the Armed Forces, a 
severely injured or disabled veteran, or their accompanying 
family members or nonmedical attendants, if intelligence, law 
enforcement, or other information indicates that additional 
screening is necessary.
  (f) Reports.--Each year, the Administrator of the 
Transportation Security Administration shall submit to Congress 
a report on the implementation of this section. Each report 
shall include each of the following:
          (1) Information on the training provided under 
        subsection (d).
          (2) Information on the consultations between the 
        Administrator of the Transportation Security 
        Administration and the organizations identified under 
        subsection (a).
          (3) The number of people who accessed the operations 
        center during the period covered by the report.
          (4) Such other information as the Administrator of 
        the Transportation Security Administration determines 
        is appropriate.
  (g) Availability of PreCheck Program to Certain Severely 
Injured or Disabled Veterans.--
          (1) In general.--A veteran described in paragraph (2) 
        is eligible for security screening under the PreCheck 
        Program under section 44919 at no cost to the veteran 
        if the veteran is able to meet the background check and 
        other security requirements for participation in the 
        program.
          (2) Veterans described.--A veteran described in this 
        paragraph is a veteran determined by the Secretary of 
        Veterans Affairs--
                  (A)(i) to have had a loss, or loss of use, of 
                a limb;
                  (ii) to have become paralyzed or partially 
                paralyzed; or
                  (iii) to have incurred permanent blindness; 
                and
                  (B) as a result of that loss, paralyzation or 
                partial paralyzation, or blindness, to require 
                the use of a wheelchair, prosthetic limb, or 
                other assistive device to aid with mobility.