[Senate Report 116-237]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 485
116th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {      116-237
_______________________________________________________________________

                                     


      TRUSTED TRAVELER RECONSIDERATION AND RESTORATION ACT OF 2019

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                               H.R. 3675

             TO REQUIRE A REVIEW OF DEPARTMENT OF HOMELAND
       SECURITY TRUSTED TRAVELER PROGRAMS, AND FOR OTHER PURPOSES

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                 June 25, 2020.--Ordered to be printed 
                 
                 
                               __________

                      U.S. GOVERNMENT PUBLISHING OFFICE
                      
99-010                     WASHINGTON : 2020 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio                    GARY C. PETERS, Michigan
RAND PAUL, Kentucky                  THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma             MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah                    KAMALA D. HARRIS, California
RICK SCOTT, Florida                  KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming             JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri

                Gabrielle D'Adamo Singer, Staff Director
                   Joseph C. Folio III, Chief Counsel
            Christopher S. Boness, Professional Staff Member
               David M. Weinberg, Minority Staff Director
               Zachary I. Schram, Minority Chief Counsel
                    Roy S. Awabdeh, Minority Counsel
                     Laura W. Kilbride, Chief Clerk

















                                                      Calendar No. 485
116th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {      116-237

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



 
      TRUSTED TRAVELER RECONSIDERATION AND RESTORATION ACT OF 2019

                                _______
                                

                 June 25, 2020.--Ordered to be printed

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                        [To accompany H.R. 3675]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (H.R. 3675) to require 
a review of the Department of Homeland Security trusted 
traveler programs, and for other purposes, reports favorably 
thereon without amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
 IV. Section-by-Section Analysis......................................4
  V. Evaluation of Regulatory Impact..................................4
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Act, as Reported.............5

                         I. PURPOSE AND SUMMARY

    H.R. 3675, the Trusted Traveler Reconsideration and 
Restoration Act of 2019, requires the U.S. Government 
Accountability Office (GAO) to conduct a review of the 
Department of Homeland Security's (DHS or the Department) 
Trusted Traveler Programs. Specifically, within one year of 
enactment of this Act, GAO is required to review the extent to 
which DHS monitors trends in identity matching errors, 
coordinates with state, local, tribal, and territorial (SLTT) 
entities to redress disqualifying offenses not covered by the 
agency's redress processes, coordinates with SLTT entities to 
improve disqualified individual's reconsideration procedures, 
and travelers are informed of reconsideration procedures. The 
Act also grants an individual extended enrollment equal to the 
time the individual was removed from a trusted traveler program 
should their enrollment be revoked in error.

              II. BACKGROUND AND THE NEED FOR LEGISLATION

    A primary mission of DHS is to provide security at ports of 
entry throughout the United States, while also ensuring the 
legitimate flow of people and commerce.\1\ To more efficiently 
achieve this mission, DHS established trusted traveler programs 
to expedite persons determined to be low-risk after going 
through an enhanced security vetting process. These programs 
include: TSA Pre-Check, Global Entry, Secure Electronic Network 
for Travelers Rapid Inspection (or SENTRI), NEXUS, and Free and 
Secure Trade (or FAST).\2\ As enrollment in these programs 
increases, the Transportation Security Administration (TSA) and 
Customs and Border Protection (CBP)\3\, the two DHS components 
tasked with implementing the trusted traveler programs, can 
focus more attention on screening higher-risk travelers.\4\
---------------------------------------------------------------------------
    \1\U.S. Dep't of Homeland Sec., Mission, https://www.dhs.gov/
mission.
    \2\U.S. Dep't of Homeland Sec., Trusted Traveler Programs, https://
ttp.dhs.gov/.
    \3\CBP manages the Global Entry, SENTRI, NEXUS, and FAST programs 
while TSA manages the Pre-Check program.
    \4\U.S. Dep't of Homeland Sec., DHS Unveils Trusted Traveler 
Comparison Tool, (Aug. 14, 2018), https://www.dhs.gov/news/2017/04/21/
dhs-unveils-trusted-traveler-comparison-tool.
---------------------------------------------------------------------------
    A number of factors are considered when determining whether 
an individual's application for acceptance into DHS's trusted 
traveler programs will be approved or denied. As part of the 
initial vetting process, prospective applicants are subject to 
a criminal background check, review of employment history, 
residential information, as well as biographical and 
citizenship information.\5\ More specifically, CBP's Vetting 
Center reviews the information obtained from an individual's 
application, and checks the information against criminal and 
terrorist databases to determine risk.\6\ If the applicant is 
approved, conditional approval is granted and the individual is 
required to go through an in-person interview with an officer, 
as well as provide biometric information such as 
fingerprints.\7\ After the interview process, a final 
determination of approval or denial is issued.\8\ In addition 
to the severity and number of criminal offenses found during 
the vetting process, there are a number of other reasons an 
applicant for participation in a trusted traveler program will 
be denied. These reasons include inadmissibility to the U.S. 
under immigration laws, violations of U.S. customs laws, 
providing false information on the application or the 
application is incomplete or inaccurate, or other reasons found 
to be ineligible by CBP, such as not satisfying the CBP low-
risk profile.\9\
---------------------------------------------------------------------------
    \5\U.S. Gov't Accountability Off., GAO-14-483, Trusted Travelers: 
Programs Provide Benefits, but Enrollment Process Could Be Strengthened 
(May 2014), available at https://www.gao.gov/assets/670/663724.pdf.
    \6\Id.
    \7\Id.
    \8\Id.
    \9\U.S. Dep't of Homeland Sec., Office of the Inspector General, 
Ensuring the Integrity of CBP's Secure Electronic Network For Travelers 
Rapid Inspection Program (Feb. 2014), available at https://
www.oig.dhs.gov/sites/default/files/assets/Mgmt/2014/OIG_14-
32_Feb14.pdf.
---------------------------------------------------------------------------
    The CBP Ombudsman reviews all redeterminations and 
reinstatements for the four trusted traveler programs 
administered by CBP. In recent years, there have been reports 
of complaints about the redress process, mostly with the Global 
Entry program, which checks criminal records back to during the 
applicant's adolescent years and has been criticized for the 
length of time the redress process takes.\10\ In contrast, 
TSA's Pre-Check program reports that denials and revocations 
are rarely contested, accounting for less than one percent of 
total applications.\11\ Additionally, TSA contacts the 
individual who was rejected and explains the process to seek 
reconsideration or redress.\12\
---------------------------------------------------------------------------
    \10\Catharine Hamm, Global Entry Program Turns This Traveler Down, 
Then Reconsiders--and here's why, L.A. Times (Feb. 29, 2016), https://
www.latimes.com/travel/deals/la-tr-spot-20160228-story.html.
    \11\Suzanne Rowan Kelleher, TSA Check, Fewer Than One Percent of 
Pre-Check Applicants Get Rejected, Forbes (June 15, 2019), https://
www.forbes.com/sites/suzannerowankelleher/2019/06/15/tsa-check-fewer-
than-1-percent-of-precheck-applicants-get-rejected/#6c1a38ef4753.
    \12\Id.
---------------------------------------------------------------------------
    While there have been a number of independent audits and 
reviews of the overall performance of DHS's trusted traveler 
programs, reviews of the redress process and reinstatements 
into trusted traveler programs have been limited. In May 2014, 
GAO conducted the most recent review that incorporated denials 
and revocations.\13\ The review found that denial and 
revocation rates varied by the type of program, and if it was 
the individual's first time applying or if they were renewing 
their application.\14\ However, GAO found that there were 
significant variations in denial rates across different 
enrollment centers and stated this may be due, in part, to a 
lack of consistency in the interview process across all 
enrollment centers since denials are partially based on the 
results of the in-person interviews.\15\ GAO recommended two 
actions that CBP take to remedy potential inconsistencies 
throughout the interview process, including establishing a 
mechanism to track interview questions and applicant 
information to help drive consistency across programs, which 
remains unaddressed.
---------------------------------------------------------------------------
    \13\ U.S. Gov't Accountability Off., GAO-14-483, Trusted Travelers: 
Programs Provide Benefits, but Enrollment Process Could Be Strengthened 
(May 2014), available at https://www.gao.gov/assets/670/663724.pdf.
    \14\Id.
    \15\Id.
---------------------------------------------------------------------------
    H.R. 3675 requires GAO to conduct the first review solely 
addressing the Department's trusted traveler program redress 
process, reinstatement and reconsideration procedures, and 
disqualifying offences, and make recommendations for 
improvements.

                        III. LEGISLATIVE HISTORY

    Representative John Katko (R-NY-24) introduced H.R. 3675 on 
July 10, 2019. The bill was referred to the House Committee on 
Homeland Security. The House Committee on Homeland Security 
considered H.R. 3675 at a business meeting on July 17, 2019. 
The House of Representatives passed H.R. 3675 by suspension of 
the rules on September 26, 2019.
    The Act was referred to the Committee on Homeland Security 
and Governmental Affairs on October 15, 2019. The Committee 
considered H.R. 3675 at a business meeting on March 11, 2020. 
During the business meeting, the Act was agreed to without 
amendment by a voice vote en bloc. Senators Johnson, Portman, 
Lankford, Romney, Scott, Enzi, Hawley, Peters, Carper, Hassan, 
Harris, Sinema, and Rosen were present for the vote.

        IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Sec. 1. Short title

    This section names the bill as the ``Trusted Traveler 
Reconsideration and Restoration Act of 2019''.

Sec. 2. Comptroller general review

    Within a year of enactment of this Act, GAO is required to 
conduct a review of DHS' trusted traveler programs. 
Specifically, GAO is required to report on the extent to which 
the Department tracks and monitors data and trends, including 
the causes of errors in matching identities where the 
adjudication of those cases lead to a reinstatement. GAO is 
also required to report on the Department's coordination with 
SLTT entities, and other Federal agencies, to address offenses 
not included in the Department's redress procedures, but impact 
individuals' applications in the trusted traveler programs. In 
addition, the report is to provide information on how DHS can 
improve the redress process that involves coordination with 
SLTT entities, and other Federal agencies, and improvements on 
instructions and access for individuals who wish to have their 
application reconsidered should there be a disqualifying event. 
Finally, GAO is required to provide information on the extent 
to which individuals are informed about the reconsideration 
procedures regarding enrollment in a trusted traveler program.

Sec. 3. Enrollment redress

    This section requires DHS to provide a period of active 
enrollment equal to the period in which the individual's 
enrollment was revoked during the redress process.

                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 22, 2020.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3675, the Trusted 
Traveler Reconsideration and Restoration Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Madeleine 
Fox.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 3675 would require the Government Accountability 
Office (GAO) to conduct a review of the Department of Homeland 
Security's (DHS) trusted traveler programs, which expedites the 
security process at airports. Using information about the cost 
of other GAO studies, CBO estimates that implementing H.R. 3675 
would cost less than $500,000.
    On August 6, 2019, CBO transmitted a cost estimate for H.R. 
3675, the Trusted Traveler Reconsideration and Restoration Act 
of 2019, as ordered reported by the House Committee on Homeland 
Security on July 17, 2019. The two pieces of legislation are 
similar, and CBO's estimate 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 
Director of Budget Analysis.

       VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    Because this legislation would not repeal or amend any 
provision of current law, it would not make changes in existing 
law within the meaning of clauses (a) and (b) of paragraph 12 
of rule XXVI of the Standing Rules of the Senate.

                                  [all]