[Senate Report 117-253]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 637
117th Congress      }                                   {       Report
                                 SENATE
 2d Session         }                                   {      117-253
_______________________________________________________________________

                                     



      TRUSTED TRAVELER RECONSIDERATION AND RESTORATION ACT OF 2021

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                H.R. 473

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







[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]







               December 13, 2022.--Ordered to be printed   
               
                             _________
                              
                              
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
39-010                   WASHINGTON : 2023
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
         Christopher J. Mulkins, Director of Homeland Security
            Benjamin J. Schubert, Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Clyde E. Hicks Jr., Minority Director of Homeland Security
          Roland Hernandez, Minority Professional Staff Member
                     Laura W. Kilbride, Chief Clerk





















                                                      Calendar No. 637
117th Congress      }                                   {       Report
                                 SENATE
 2d Session         }                                   {      117-253

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



 
      TRUSTED TRAVELER RECONSIDERATION AND RESTORATION ACT OF 2021

                                _______
                                

               December 13, 2022.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 473]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (H.R. 473) to require a 
review of Department of Homeland Security trusted traveler 
programs, and for other purposes, having considered the same, 
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 of the Bill, as Reported.............  4
  V. Evaluation of Regulatory Impact..................................  4
 VI. Congressional Budget Office Cost Estimate........................  5
VII. Changes in Existing Law Made by the Bill, as Reported............  6

                         I. PURPOSE AND SUMMARY

    H.R. 473, the Trusted Traveler Reconsideration and 
Restoration Act of 2021, requires the U.S. Government 
Accountability Office (GAO) to conduct a review of the 
Department of Homeland Security's (DHS) Trusted Traveler 
programs. Specifically, within one year of enactment of this 
bill, 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 DHS' redress 
processes; coordinates with SLTT entities to improve 
reconsideration procedures for disqualified individuals, and; 
informs travelers of reconsideration procedures. The bill 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.\1\
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    \1\On March 11, 2020, the Committee approved H.R. 3675, the Trusted 
Traveler Reconsideration and Restoration Act of 2019, without 
amendment. That bill is substantially similar to H.R. 473. Accordingly, 
this committee report is in many respects similar to the committee 
report for H.R. 3675, S. Rept. No. 116-237.
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              II. BACKGROUND AND NEED FOR THE 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.\2\ 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).\3\ The Transportation Security 
Administration (TSA) is charged with managing the PreCheck 
program, while U.S. Customs and Border Protection (CBP) is 
tasked with implementing the Global Entry, SENTRI, NEXUS, and 
FAST programs.\4\ These programs allow TSA and CBP to focus 
more attention on screening higher-risk travelers.
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    \2\U.S. Department of Homeland Security, Mission (www.dhs.gov/
mission).
    \3\U.S. Department of Homeland Security, Trusted Traveler Programs 
(ttp.dhs.gov).
    \4\See Congressional Research Service, Trusted Traveler Programs 
(R46783) (May 5, 2021).
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    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 and a review of employment history, 
residential information, biographical information, and 
citizenship status.\5\ More specifically, CBP's Vetting Center 
reviews the information obtained from an individual's 
application and checks that 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 could 
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, providing an 
incomplete or inaccurate application, or not satisfying the CBP 
low-risk criteria.\9\
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    \5\See id. at 2-3, 6, 8-9, 11-12, 13-14.
    \6\Government Accountability Office, Trusted Travelers: Programs 
Provide Benefits, but Enrollment Processes Could Be Strengthened (GAO-
14-483) (May 2014).
    \7\See Congressional Research Service, supra note 4, at 2-3, 6, 8-
9, 11-12, 13-14.
    \8\See id.
    \9\ U.S. Department of Homeland Security, Office of the Inspector 
General, Ensuring the Integrity of CBP's Secure Electronic Network for 
Travelers Rapid Inspection Program (OIG-14-32) (Feb. 18, 2014).
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    If an individual is denied acceptance into a CBP trusted 
traveler program, or their participation in the program is 
revoked, they are notified in writing about the reason for the 
denial.\10\ If the individual who is denied participation in 
the program believes the decision was based on inaccurate or 
incomplete information, they may file a reconsideration request 
through their online application portal, which are referred to 
the CBP Trusted Traveler Ombudsman to determine if the denial 
or revocation of participation in program was made in 
error.\11\ 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 has been criticized for the length of time 
the redress process takes.\12\ In contrast, TSA's Pre-Check 
program reports that denials and revocations are rarely 
contested, accounting for less than one percent of total 
applications.\13\ Additionally, TSA contacts the individual who 
was rejected from TSA Pre-Check enrollment and, similar to an 
individual being denied or revoked from participation in a CBP 
trusted traveler program, TSA explains the process to seek 
reconsideration or redress.\14\
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    \10\https://help.cbp.gov/s/article/Article1859?language=en_US.
    \11\https://help.cbp.gov/s/article/Article1859?language=en_US.
    \12\Global Entry Program Turns This Traveler Down, Then 
Reconsiders--and Here's Why, Los Angeles Times (Feb. 29, 2016) (https:/
/www.latimes.com/travel/deals/la-tr-spot-20160228-story.html).
    \13\TSA Check: Fewer Than 1 Percent of PreCheck 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/?sh=3df67c084753).
    \14\Id.
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    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 included denials and 
revocations from the trusted traveler programs.\15\ 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.\16\ 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.\17\ GAO recommended 
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.
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    \15\Government Accountability Office, supra note 6.
    \16\See id at 29-34.
    \17\Id.
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    H.R. 437 requires GAO to conduct the first review solely 
addressing DHS' trusted traveler program redress process, 
reinstatement and reconsideration procedures, and disqualifying 
offences, and make recommendations for improvements.

                        III. LEGISLATIVE HISTORY

    Representatives Katko (R-NY-24), Watson Coleman (D-NJ-12), 
and Slotkin (D-MI-8) introduced H.R. 473 on January 25, 2021. 
The bill was referred to the House Committee on Homeland 
Security. The House of Representatives considered H.R. 473 on 
April 19, 2021, under suspension of the rules, and it passed by 
voice vote.
    The bill was referred to the Senate Committee on Homeland 
Security and Governmental Affairs on April 20, 2021. The 
Committee considered H.R. 437 at a business meeting on July 14, 
2021. The Committee ordered the bill reported favorably without 
amendment en bloc by voice vote. Senators present for the vote 
on the bill were: Peters, Hassan, Rosen, Padilla, Ossoff, 
Portman, Johnson, Lankford, Romney, Scott, and Hawley.

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

Section 1. Short titles

    This section names the bill as the ``Trusted Traveler 
Reconsideration and Restoration Act of 2021''.

Section 2. Comptroller general review

    This section requires GAO, within a year of enactment of 
this bill, to conduct a review of DHS' trusted traveler 
programs. Specifically, GAO is required to report on the extent 
to which DHS tracks and monitors data and trends, including the 
causes of errors in matching identities where the adjudication 
of those cases led to a reinstatement. GAO is also required to 
report on DHS's coordination with SLTT entities and other 
Federal agencies to address offenses that are not included in 
DHS' redress procedures but impact individuals' applications to 
the trusted traveler programs. In addition, the report will 
provide information on how DHS can improve the redress process 
that involves coordination with SLTT entities and other Federal 
agencies, and how DHS can improve 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.

Section 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, January 31, 2022.
Hon. Gary Peters,
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. 473, the Trusted 
Traveler Reconsideration and Restoration Act of 2021.
    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. 473 would require the Government Accountability Office 
(GAO) to conduct a review of the Department of Homeland 
Security's (DHS) trusted traveler programs, which expedite 
security screenings at airports. Also, H.R. 473 would, for 
cases where membership in a trusted traveler program was 
revoked in error, direct DHS to extend the period of active 
enrollment by the period of revocation for people who re-enroll 
in the program.
    Using information from publicly available information, CBO 
expects that the number of erroneous revocations would be 
small, and DHS has a system in place to appeal those 
revocations. Thus, CBO estimates that costs associated with 
investigating and re-enrolling individuals whose memberships 
were revoked in error would not be significant.
    Using information about the cost of other GAO studies, CBO 
estimates that the cost of completing the report would be 
insignificant. CBO estimates that implementing H.R. 473 would 
cost less than $500,000 over the 2022-2026 period. Any spending 
would be subject to the availability of appropriated funds.
    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

    This legislation would make no change in existing law, 
within the meaning of clauses (a) and (b) of subparagraph 12 of 
rule XXVI of the Standing Rules of the Senate, because this 
legislation would not repeal or amend any provision of current 
law.

                                  [all]