II 

116TH CONGRESS 

2D SESSION S. 3730 

To amend title 49, United States Code, to authorize and modernize the 

registered traveler program of the Transportation Security Administration, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 13, 2020 

Mr. SULLIVAN (for himself, Ms. SINEMA, Mr. YOUNG, Ms. ROSEN, and Mr. 

WICKER) introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend title 49, United States Code, to authorize and 

modernize the registered traveler program of the Transportation Security Administration, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Registered Traveler 

5 Act of 2020’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 


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1 (1) the Administrator of the Transportation Se2 curity Administration should support the continued 

3 operation of trusted passenger programs authorized 

4 under section 109(a)(3) of the Aviation and Trans5 portation Security Act (49 U.S.C. 114 note), includ6 ing the registered traveler program of the Transpor7 tation Security Administration; 

8 (2) the registered traveler program of the 

9 Transportation Security Administration is estab10 lished to authorize and encourage the Administra11 tion to partner with private sector registered traveler 

12 services providers to drive innovations that strength13 en security and enhance the traveler experience to 

14 improve commercial air travel while continuing to 

15 safeguard transportation and national security; and 

16 (3) passengers and airports participating in the 

17 registered traveler program may receive significant 

18 security and efficiency benefits. 

19 SEC. 3. REGISTERED TRAVELER PROGRAM. 

20 (a) IN GENERAL.—Subchapter I of chapter 449 of 

21 title 49, United States Code, is amended by inserting after 

22 section 44920 the following: 

23 ‘‘§ 44920a. Registered traveler program 

24 ‘‘(a) IN GENERAL.—An airport operator may enter 

25 into a contract with a qualified registered traveler services 


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1 provider to provide registered traveler services under sub2 section (d) to registered traveler program participants, if 

3 the Administrator of the Transportation Security Admin4 istration approves the application of the qualified reg5 istered traveler services provider under subsection (c)(2). 

6 ‘‘(b) QUALIFIED REGISTERED TRAVELER SERVICES

7 PROVIDER.— 

8 ‘‘(1) IN GENERAL.—A private entity is a quali9 fied registered traveler services provider if— 

10 ‘‘(A) the entity is in compliance with sec11 tion 536 of the Department of Homeland Secu12 rity Appropriations Act, 2015 (49 U.S.C. 114 

13 note); 

14 ‘‘(B) the Administrator has approved an 

15 application for the entity under subsection 

16 (c)(2); and 

17 ‘‘(C) the entity meets such other require18 ments as the Administrator may establish. 

19 ‘‘(2) TREATMENT OF EXISTING REGISTERED

20 TRAVELER SERVICES PROVIDERS.— 

21 ‘‘(A) IN GENERAL.—Notwithstanding para22 graph (1), a private entity providing registered 

23 traveler services as of the date of the enactment 

24 of this section shall be deemed to be a qualified 


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1 registered traveler services provider for pur2 poses of this subsection if the entity— 

3 ‘‘(i) meets the requirement under 

4 paragraph (1)(A); and 

5 ‘‘(ii) is operating pursuant to the re6 quirements established by the Adminis7 trator for the registered traveler program 

8 of the Administration as of the date of the 

9 enactment of this section. 

10 ‘‘(B) CONTINUATION OF CONTRACTS.—A 

11 contract entered into before the date of the en12 actment of this section with a private entity 

13 that meets the requirements of subparagraph 

14 (A) shall remain in effect on and after that 

15 date in accordance with the terms of the con16 tract. 

17 ‘‘(c) APPLICATIONS.— 

18 ‘‘(1) SUBMISSION.—A private entity seeking to 

19 become a qualified registered traveler services pro20 vider shall submit to the Administrator an applica21 tion at such time, in such manner, and containing 

22 such information as the Administrator may require. 

23 ‘‘(2) APPROVAL.— 

24 ‘‘(A) IN GENERAL.—Not later than 180 

25 days after the date of receipt of an application 


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1 submitted by an entity under paragraph (1), 

2 the Administrator shall approve or deny the ap3 plication. 

4 ‘‘(B) STANDARDS.—The Administrator 

5 shall approve an application submitted by an 

6 entity under paragraph (1) if the Administrator 

7 determines that— 

8 ‘‘(i) the level of security provided by 

9 the entity will be equal to or greater than 

10 the level that would be provided by Federal 

11 Government personnel; and 

12 ‘‘(ii) the approval would not detrimen13 tally affect the cost efficiency or the effec14 tiveness of identity verification, traveler 

15 vetting status authentication, or provision 

16 of access to physical screening at an air17 port. 

18 ‘‘(C) REPORTS ON DENIALS OF APPLICA19 TIONS.— 

20 ‘‘(i) IN GENERAL.—If the Adminis21 trator denies an application submitted by 

22 an entity under paragraph (1), the Admin23 istrator shall provide to the entity, not 

24 later than 60 days after the date of the de25 nial, a written report that sets forth— 


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1 ‘‘(I) the findings that served as 

2 the basis for the denial; 

3 ‘‘(II) the results of any cost or 

4 security analysis conducted in consid5 ering the application; and 

6 ‘‘(III) recommendations on how 

7 the entity can address the reasons for 

8 the denial. 

9 ‘‘(ii) SUBMISSION TO CONGRESS.— 

10 The Administrator shall submit to the 

11 Committee on Commerce, Science, and 

12 Transportation of the Senate and the 

13 Committee on Homeland Security of the 

14 House of Representatives a copy of any re15 port provided to an entity under clause (i). 

16 ‘‘(d) REGISTERED TRAVELER SERVICES.—For pur17 poses of this section, registered traveler services provided 

18 by a qualified registered traveler services provider include 

19 the following: 

20 ‘‘(1) IDENTITY VERIFICATION.—The use of 

21 identity verification procedures or technologies, in22 cluding the use of biometrics, to securely verify the 

23 identity of a registered traveler program participant 

24 who has entered an airport security checkpoint or 


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1 any other area under the control or authority of the 

2 Administrator. 

3 ‘‘(2) TRAVELER VETTING STATUS AUTHENTICA4 TION.—The authentication, by manual or electronic 

5 means, of the vetting status, as determined by the 

6 Transportation Security Administration, of a reg7 istered traveler program participant whose identity 

8 has been verified under paragraph (1), which may 

9 include authentication of paper or electronic travel 

10 documentation or electronic confirmation of travel 

11 information by the qualified registered traveler serv12 ices provider. 

13 ‘‘(3) ACCESS TO PHYSICAL SCREENING.— 

14 ‘‘(A) IN GENERAL.—The direction, from 

15 an employee of the qualified registered traveler 

16 services provider or through an automated proc17 ess operated by the qualified registered traveler 

18 services provider, for a registered traveler pro19 gram participant, whose identity has been 

20 verified under paragraph (1) and whose vetting 

21 status has been authenticated under paragraph 

22 (2), to proceed directly, in an unimpeded man23 ner, without re-verification of the identity or re24 authentication of the vetting status of the travVerDate Sep 11 2014 15:51 Jun 03, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3730.IS S3730

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1 eler, to the appropriate area for physical screen2 ing designated by the Administrator. 

3 ‘‘(B) PHYSICAL SCREENING DEFINED.—In 

4 this subsection, the term ‘area for physical 

5 screening’ means an area, including a lane 

6 within an airport security checkpoint or any 

7 other area, at which an individual and the per8 sonal property of an individual are screened by 

9 an agent of the Transportation Security Admin10 istration. 

11 ‘‘(4) ADDITIONAL SERVICES.—Such other addi12 tional services at the airport security checkpoint or 

13 any other area under the control or authority of the 

14 Administrator as the Administrator may approve. 

15 ‘‘(e) REGISTERED TRAVELER SERVICES PRO16 VIDED.—The Administrator shall— 

17 ‘‘(1) develop policies, procedures, and capabili18 ties that allow qualified registered traveler services 

19 providers to provide to registered traveler services 

20 program participants the full extent of registered 

21 traveler services; and 

22 ‘‘(2) undertake audits under subsection (f) of 

23 the performance of qualified registered traveler serv24 ices providers providing registered traveler services 

25 at airports under this section, and allow providers to 


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1 correct any deficiencies identified during such au2 dits. 

3 ‘‘(f) AUDITS OF QUALIFIED REGISTERED TRAVELER

4 SERVICES PROVIDERS.— 

5 ‘‘(1) IN GENERAL.—Not less frequently than 

6 once every 5 years, the Administrator shall conduct 

7 an audit, which shall last not more than 1 month, 

8 of each qualified registered traveler services provider 

9 to determine if the provider is meeting the standards 

10 described in subsection (c)(2)(B). 

11 ‘‘(2) STRATEGY REQUIRED.— 

12 ‘‘(A) IN GENERAL.—In carrying out para13 graph (1), the Administrator shall develop a 

14 strategy for conducting audits under that para15 graph to determine if qualified registered trav16 eler services providers are meeting the stand17 ards described in subsection (c)(2)(B). 

18 ‘‘(B) ELEMENTS.—The strategy required 

19 by subparagraph (A) may include the examina20 tion of a percentage of registered traveler serv21 ices program participants, not to exceed 5 per22 cent of the average number of such participants 

23 traveling on a daily basis, who are screened 

24 under procedures of the Transportation Secu25 rity Administration applicable to travelers who 


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1 are not registered traveler services program 

2 participants. Subsection (d)(3) shall not apply 

3 to registered traveler services program partici4 pants screened under such procedures. 

5 ‘‘(3) IMPROVEMENT PLANS.— 

6 ‘‘(A) IN GENERAL.—If, after completing 

7 an audit under paragraph (1) of a qualified reg8 istered traveler services provider, the Adminis9 trator determines that the provider does not 

10 meet the standards described in subsection 

11 (c)(2)(B), the Administrator shall develop an 

12 improvement plan with the provider to bring 

13 the provider into compliance with those stand14 ards by the date that is 12 months after the 

15 Administrator provides the plan to the provider. 

16 ‘‘(B) COMPLETION OF IMPROVEMENT

17 PLANS.—If a provider for which an improve18 ment plan was developed under subparagraph 

19 (A) does not come into compliance with the 

20 standards described in subsection (c)(2)(B) by 

21 the date required by that subparagraph, the 

22 Administrator may— 

23 ‘‘(i) provide the provider with addi24 tional time to come into compliance with 

25 those standards; 


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1 ‘‘(ii) take administrative action 

2 against the provider; or 

3 ‘‘(iii) require the suspension or termi4 nation under subsection (g) of the contract 

5 between the provider and the airport oper6 ator entered into under subsection (a). 

7 ‘‘(4) AUTHORITY FOR IMMEDIATE CONTRACT

8 TERMINATION.—If, during an audit conducted under 

9 paragraph (1), the Administrator determines that a 

10 qualified registered traveler services provider has 

11 acted with gross negligence or failed repeatedly to 

12 comply with any standard, regulation, directive, 

13 order, or applicable law, the Administrator may re14 quire the immediate suspension or termination under 

15 subsection (g) of the contract between the provider 

16 and the airport operator entered into under sub17 section (a). 

18 ‘‘(g) TERMINATION OR SUSPENSION OF CON19 TRACTS.— 

20 ‘‘(1) IN GENERAL.—The Administrator may re21 quire an airport operator to suspend or terminate, 

22 as appropriate, any contract entered into under sub23 section (a) with a qualified registered traveler serv24 ices provider to provide registered traveler services 

25 at an airport if the Administrator determines that 


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1 the provider has acted with gross negligence or 

2 failed repeatedly to comply with any standard, regu3 lation, directive, order, or law applicable to— 

4 ‘‘(A) the hiring or training of personnel to 

5 provide such services; 

6 ‘‘(B) the handling of personal information; 

7 or 

8 ‘‘(C) the provision of such services at the 

9 airport. 

10 ‘‘(2) REPORT REQUIRED.—If the Administrator 

11 requires the termination or suspension of the con12 tract of a registered traveler services provider under 

13 paragraph (1), the Administrator shall, not later 

14 than 30 days after requiring the termination or sus15 pension, submit to the Committee on Commerce, 

16 Science, and Transportation of the Senate and the 

17 Committee on Homeland Security of the House of 

18 Representatives a report that describes in detail— 

19 ‘‘(A) the reasons the contract was termi20 nated or suspended; 

21 ‘‘(B) if the contract was suspended and 

22 not terminated, the actions the Administrator is 

23 requiring the provider to take before the con24 tract is reinstated; and 


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1 ‘‘(C) measures the Administrator is taking 

2 to improve future registered traveler services 

3 contracts. 

4 ‘‘(h) SECURE FLIGHT PROGRAM AVAILABILITY.— 

5 ‘‘(1) IN GENERAL.—The Administrator shall 

6 make available to qualified registered traveler serv7 ices providers providing registered traveler services 

8 under this section the same systems (including the 

9 advanced passenger prescreening system under sec10 tion 44903(j)(2)(C)), programs, capabilities, and in11 formation, or successor systems, programs, and ca12 pabilities, that, as of the date of the enactment of 

13 this section, are available to— 

14 ‘‘(A) airport operators; 

15 ‘‘(B) air carriers; 

16 ‘‘(C) foreign air carriers; or 

17 ‘‘(D) qualified private screening companies 

18 operating at airports participating in the 

19 screening partnership program authorized 

20 under section 44920. 

21 ‘‘(2) REQUIREMENT RELATING TO ADVANCED

22 PASSENGER PRESCREENING SYSTEM.—Upon making 

23 access to the advanced passenger prescreening sys24 tem under section 44903(j)(2)(C) available to a reg25 istered traveler services provider under paragraph 


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1 (1), the Administrator shall carry out the require2 ments described in clause (iii) of that section, as ap3 plicable to the registered traveler services provider— 

4 ‘‘(A) to establish sufficient operational 

5 safeguards to reduce the opportunities for 

6 abuse of the system; 

7 ‘‘(B) to implement substantial security 

8 measures to protect the system from unauthor9 ized access; 

10 ‘‘(C) to adopt policies establishing effective 

11 oversight of the use and operation of the sys12 tem; and 

13 ‘‘(D) to ensure that there are no specific 

14 privacy concerns with the technological architec15 ture of the system. 

16 ‘‘(i) INNOVATIVE SCREENING APPROACHES AND

17 TECHNOLOGIES.— 

18 ‘‘(1) IN GENERAL.—The Administrator shall 

19 encourage qualified registered traveler services pro20 viders to recommend to the Administrator innovative 

21 identity verification and screening approaches and 

22 technologies. 

23 ‘‘(2) RESPONSE.—Upon the receipt of any rec24 ommendations from a qualified registered traveler 


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1 services provider under paragraph (1), the Adminis2 trator shall— 

3 ‘‘(A) review and respond in writing to the 

4 qualified registered traveler services provider 

5 within 30 days; 

6 ‘‘(B) if appropriate, test or conduct a pilot 

7 project with respect to such approaches and 

8 technologies; and 

9 ‘‘(C) if appropriate, deploy such ap10 proaches and technologies. 

11 ‘‘(j) PUBLIC HEALTH STANDARDS.—A registered 

12 traveler services program participant shall be required to 

13 meet or exceed any public health standards that the Ad14 ministrator requires all other travelers in air transpor15 tation to meet. 

16 ‘‘(k) REGISTERED TRAVELER SERVICES PROGRAM

17 PARTICIPANT DEFINED.—In this section, the term ‘reg18 istered traveler services program participant’ means an in19 dividual who voluntarily chooses to participate in reg20 istered traveler services that are provided by a qualified 

21 registered traveler services provider.’’. 

22 (b) CLERICAL AMENDMENT.—The chapter analysis 

23 for chapter 449 of title 49, United States Code, is amend24 ed by inserting after the item relating to section 44920 

25 the following: 

‘‘44920a. Registered traveler program.’’. 


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1 SEC. 4. REPORT ON REGISTERED TRAVELER PROGRAM. 

2 (a) IN GENERAL.—Not later than 18 months after 

3 the date of the enactment of this Act, the Comptroller 

4 General of the United States shall submit to the Com5 mittee on Commerce, Science, and Transportation of the 

6 Senate and the Committee on Homeland Security of the 

7 House of Representatives a report on the registered trav8 eler program under section 44920a of title 49, United 

9 States Code, as added by section 3. 

10 (b) ELEMENTS.—The report required by subsection 

11 (a) shall include— 

12 (1) an assessment of— 

13 (A) the extent of the compliance by the 

14 Transportation Security Administration with 

15 the requirements of section 44920a of title 49, 

16 United States Code, as added by section 3; 

17 (B) the level of security for identity 

18 verification provided by qualified registered 

19 traveler services providers and whether that 

20 level of security is equal to or greater than the 

21 level of security for identity verification pro22 vided by personnel of the Transportation Secu23 rity Administration; 

24 (C) the effectiveness of identity verification 

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1 nology and procedures used by qualified reg2 istered traveler services providers; 

3 (D) the impact on aviation security result4 ing from the provision of access to physical 

5 screening at airports by qualified registered 

6 traveler services providers; and 

7 (E) the effectiveness of oversight by the 

8 Transportation Security Administration of 

9 qualified registered traveler services providers; 

10 and 

11 (2) recommendations for how to improve the 

12 registered traveler program. 

13 (c) FORM OF REPORT.—The report required by sub14 section (a) shall be submitted in unclassified form but may 

15 include a classified annex. 

Æ 


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