[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4681 Reported in Senate (RS)]
<DOC>
Calendar No. 738
118th CONGRESS
2d Session
S. 4681
[Report No. 118-318]
To ensure a timely, fair, meaningful, and transparent process for
individuals to seek redress because they were wrongly identified as a
threat under the screening and inspection regimes used by the
Department of Homeland Security, to require a report on the
effectiveness of enhanced screening programs of the Department of
Homeland Security, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 11 (legislative day, July 10), 2024
Mr. Peters introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
December 19 (legislative day, December 16), 2024
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To ensure a timely, fair, meaningful, and transparent process for
individuals to seek redress because they were wrongly identified as a
threat under the screening and inspection regimes used by the
Department of Homeland Security, to require a report on the
effectiveness of enhanced screening programs of the Department of
Homeland Security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Enhanced Oversight and
Accountability in Screening Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs of the Senate;</DELETED>
<DELETED> (B) the Committee on the Judiciary of the
Senate;</DELETED>
<DELETED> (C) the Committee on Armed Services of the
Senate;</DELETED>
<DELETED> (D) the Select Committee on Intelligence
of the Senate;</DELETED>
<DELETED> (E) the Committee on Foreign Relations of
the Senate;</DELETED>
<DELETED> (F) the Committee on Homeland Security of
the House of Representatives;</DELETED>
<DELETED> (G) the Committee on Oversight and
Accountability of the House of
Representatives;</DELETED>
<DELETED> (H) the Committee on the Judiciary of the
House of Representatives;</DELETED>
<DELETED> (I) the Committee on Armed Services of the
House of Representatives;</DELETED>
<DELETED> (J) the Permanent Select Committee on
Intelligence of the House of Representatives;
and</DELETED>
<DELETED> (K) the Committee on Foreign Affairs of
the House of Representatives.</DELETED>
<DELETED> (2) Committee.--The term ``Committee'' means the
Screening and Watchlisting Advisory Committee established under
section 3(a).</DELETED>
<DELETED> (3) Consolidated terrorist watchlist.--The term
``consolidated terrorist watchlist'' means any database or
watchlist maintained by the Terrorist Screening Center for the
purpose of monitoring individuals suspected of engaging in
terrorist activity, including the terrorist screening database
and any successor database.</DELETED>
<DELETED> (4) Covered processes.--The term ``covered
processes'' means the practices, policies, and programs used to
conduct primary, secondary, enhanced, and additional
screenings, vettings, inspections, and other processes related
to watchlists maintained by any Federal agency.</DELETED>
<DELETED> (5) Department.--The term ``Department'' means the
Department of Homeland Security.</DELETED>
<DELETED> (6) Enhanced redress.-- The term ``enhanced
redress'' means the process by which the Department confirms
whether a United States person, who has been denied boarding
and has applied for redress, is on the No Fly List maintained
by the Terrorist Screening Center.</DELETED>
<DELETED> (7) Homeland security congressional committees.--
The term ``homeland security congressional committees'' means--
</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and</DELETED>
<DELETED> (B) the Committee on Homeland Security of
the House of Representatives.</DELETED>
<DELETED> (8) Redress.-- The term ``redress'' means the
process established by the Department to assist individuals to
resolve travel-related issues, such as being--</DELETED>
<DELETED> (A) denied or delayed airline
boarding;</DELETED>
<DELETED> (B) denied or delayed entry into or exit
from the United States at a port of entry or border
crossing; or</DELETED>
<DELETED> (C) repeatedly referred to additional
screening or inspection.</DELETED>
<DELETED> (9) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.</DELETED>
<DELETED>SEC. 3. SCREENING AND WATCHLISTING ADVISORY
COMMITTEE.</DELETED>
<DELETED> (a) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall establish a Screening and
Watchlisting Advisory Committee.</DELETED>
<DELETED> (b) Membership.--</DELETED>
<DELETED> (1) Composition.--The Committee shall be composed
of an odd number of members of not less than 15 and not more
than 23 members appointed by the Secretary as
follows:</DELETED>
<DELETED> (A) 2 members shall be the Civil Rights
and Civil Liberties Officer of the Department and a
representative from a nonprofit organization, academia,
or civil society, who shall serve as Co-Chairs of the
Committee.</DELETED>
<DELETED> (B) Not less than 1 member shall be
appointed from each of the following components of the
Department:</DELETED>
<DELETED> (i) The Transportation Security
Administration.</DELETED>
<DELETED> (ii) U.S. Customs and Border
Protection;</DELETED>
<DELETED> (iii) The Privacy
Office.</DELETED>
<DELETED> (iv) The Office of Strategy,
Policy, and Plans.</DELETED>
<DELETED> (v) The Office of Intelligence and
Analysis.</DELETED>
<DELETED> (vi) Any other relevant component
germane to Department screening, inspections,
and redress, as determined appropriate by the
Secretary.</DELETED>
<DELETED> (C) 3 members shall be the following
agency heads or their representatives:</DELETED>
<DELETED> (i) The Director of the Federal
Bureau of Investigation.</DELETED>
<DELETED> (ii) The Director of the Terrorist
Screening Center.</DELETED>
<DELETED> (iii) The Director of the National
Counterterrorism Center.</DELETED>
<DELETED> (D) Members of the nonprofit, academia, or
civil society sectors representing the
following:</DELETED>
<DELETED> (i) Individuals of diverse
backgrounds in race, ethnicity, religion, and
gender.</DELETED>
<DELETED> (ii) Individuals from various
geographic regions within the United
States.</DELETED>
<DELETED> (iii) National organizations that
represent diverse racial, ethnic, and religious
communities.</DELETED>
<DELETED> (iv) Individuals with expertise in
law, transparency, technology, privacy, civil
rights, and civil liberties.</DELETED>
<DELETED> (E) Any other individuals as the Secretary
determines appropriate.</DELETED>
<DELETED> (2) Nongovernment members.--There shall be not
less than 1 more member of the Committee appointed under
paragraph (1)(D) than the total number of members appointed
under subparagraphs (A), (B), (C), and (E) of paragraph
(1).</DELETED>
<DELETED> (3) Date.--The appointments of members of the
Committee shall be made not later than 120 days after the date
of enactment of this Act.</DELETED>
<DELETED> (4) Voluntary service.--The members of the
Committee shall serve on the Committee on a voluntary
basis.</DELETED>
<DELETED> (5) Publication of list of members.--The Committee
shall publish an updated list of members of the Committee on a
publicly available website before each meeting of the
Committee.</DELETED>
<DELETED> (c) Period of Appointment; Vacancies.--</DELETED>
<DELETED> (1) Term.--The term of a member of the Committee
shall be 3 years, except that a member may continue to serve
until a successor is appointed.</DELETED>
<DELETED> (2) Vacancies.--A vacancy in the Committee--
</DELETED>
<DELETED> (A) shall not affect the powers of the
Committee; and</DELETED>
<DELETED> (B) shall be filled in the same manner as
the original appointment.</DELETED>
<DELETED> (3) Reappointment.--A member of the Advisory
Committee may be reappointed for not more than 1
term.</DELETED>
<DELETED> (d) Meetings.--</DELETED>
<DELETED> (1) Initial meeting.--Not later than 30 days after
the date on which all members of the Committee have been
appointed, the Committee shall hold the first meeting of the
Committee.</DELETED>
<DELETED> (2) Frequency; manner.--The Committee--</DELETED>
<DELETED> (A) shall meet--</DELETED>
<DELETED> (i) not less frequently than
quarterly; and</DELETED>
<DELETED> (ii) at the call of the Co-Chairs
of the Committee or the Secretary;
and</DELETED>
<DELETED> (B) may meet remotely.</DELETED>
<DELETED> (e) Duties.--</DELETED>
<DELETED> (1) In general.--The Committee shall--</DELETED>
<DELETED> (A) advise, consult with, and make
recommendations to the Secretary, as appropriate, on
the development, refinement, implementation, and
evaluation of policies, programs, and planning
pertaining to covered processes of the Department,
including--</DELETED>
<DELETED> (i) all covered processes
implemented by the Transportation Security
Administration;</DELETED>
<DELETED> (ii) all covered processes
implemented by U.S. Customs and Border
Protection at ports of entry and their
equivalents;</DELETED>
<DELETED> (iii) trainings associated with
these covered processes;</DELETED>
<DELETED> (iv) the intelligence used to
support these covered processes;</DELETED>
<DELETED> (v) how data related to these
covered processes is used, collected, retained,
analyzed, and shared;</DELETED>
<DELETED> (vi) internal Department oversight
over these covered processes;</DELETED>
<DELETED> (vii) metrics to assess the
effectiveness of covered processes, including
any metrics outlined in policy
documents;</DELETED>
<DELETED> (viii) redress processes related
to these covered processes; and</DELETED>
<DELETED> (ix) any other matter related to
covered processes as the Committee may
determine relevant;</DELETED>
<DELETED> (B) disclose to the public and Congress
information about the covered processes described in
subparagraph (A), and the data and analytical system
related to those processes, including materials
explaining how those processes work and legal and
policy analyses of the processes;</DELETED>
<DELETED> (C) provide recommendations for the plan
required under section 4(a), including--</DELETED>
<DELETED> (i) all recommendations agreed
upon by a simple majority of members of the
Committee; and</DELETED>
<DELETED> (ii) an identification of each of
the members of the Committee that agreed on
each recommendation; and</DELETED>
<DELETED> (D) consider, when providing
recommendations for the plan required under section
4(a)--</DELETED>
<DELETED> (i) the use of external advocates
who are granted security clearances and may
access classified information to assist
passengers;</DELETED>
<DELETED> (ii) the establishment of a
Federal office to serve as advocates for
passengers;</DELETED>
<DELETED> (iii) the establishment of an
independent ombudsman office to assist
passengers with the redress process;</DELETED>
<DELETED> (iv) expanding the enhanced
redress process to include United States
persons who wish to contest their placement on
the Selectee List, the Expanded Selectee List,
or the consolidated terrorist
watchlist;</DELETED>
<DELETED> (v) how to provide United States
persons subject to the enhanced redress process
with a significant amount of information about
the placement of the person on the No Fly List
and what a reasonable amount of time for this
disclosure should be;</DELETED>
<DELETED> (vi) whether it is advisable to
create a system that would allow an individual
to demonstrate that the individual does not
pose a threat to aviation or border security,
and if advisable, the options for developing
such a system;</DELETED>
<DELETED> (vii) the extent to which an
applicant for redress can be notified about
placement on any other lists maintained by the
Department or other Federal agencies aside from
those described in clause (iv), and a summary
of the basis for that placement;</DELETED>
<DELETED> (viii) which policies, procedures,
and guidelines related to covered processes and
redress can be made available to the public
and, for those policies, procedures, and
guidelines that are required to be withheld in
part or in full, how the Department and other
Federal agencies can release summaries of those
policies, procedures, and guidelines to the
public;</DELETED>
<DELETED> (ix) notifying applicants for
redress of whether any records have changed as
a result of the application; and</DELETED>
<DELETED> (x) the potential for redress for
an applicant who opts in to receive an
expedited or discounted review of an
application for a trusted traveler program of
the Department.</DELETED>
<DELETED> (2) Consultation.--</DELETED>
<DELETED> (A) In general.--To ensure input and
coordination from relevant components of the Department
and the public, the Secretary shall regularly consult
and work with the Committee on the administration of
Department covered processes and redress policies and
procedures.</DELETED>
<DELETED> (B) Committee consultation.--The Committee
may consult with applicable Federal agencies other than
the Department to ensure a holistic review of covered
processes.</DELETED>
<DELETED> (C) Access to materials.--The Committee
shall have access to all materials necessary to
implement its responsibilities, including all materials
marked as for official use only, law enforcement
sensitive, or sensitive security information.</DELETED>
<DELETED> (3) Reports.--</DELETED>
<DELETED> (A) Periodic reports.--The Committee shall
periodically submit to the Secretary reports on
screening, inspections, and redress matters identified
by the Secretary and on matters of concern identified
by a majority of the members of the
Committee.</DELETED>
<DELETED> (B) Annual report.--</DELETED>
<DELETED> (i) In general.--Not later than
September 30 of each year, the Co-Chairs of the
Committee shall submit to the homeland security
congressional committees and the Secretary a
report on the activities of the Committee for
the preceding year, which shall include--
</DELETED>
<DELETED> (I) information from the
periodic reports submitted under
subparagraph (A) during the year
covered by the report; and</DELETED>
<DELETED> (II) the activities of any
subcommittees established under
subsection (f)(5).</DELETED>
<DELETED> (ii) Publication.--Not more than
30 days after the date on which the Secretary
receives a report under clause (i), the
Secretary shall publish a public version of the
report.</DELETED>
<DELETED> (4) Congressional briefing.--Not more than 10 days
after the date on which the Co-Chairs of the Committee submit
to the Secretary the report required under paragraph (3)(B)(i),
the Co-Chairs of the Committee shall provide a briefing to the
homeland security congressional committees on the work,
recommendations, and dissenting opinions of the Committee and
any actions taken as the result of the work, recommendations,
and dissenting opinions.</DELETED>
<DELETED> (f) Powers of the Committee.--</DELETED>
<DELETED> (1) Hearings.--The Committee may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Committee considers
advisable to carry out this Act.</DELETED>
<DELETED> (2) Information from federal agencies.--</DELETED>
<DELETED> (A) In general.--The Committee may secure
directly from a Federal department or agency such
information as the Committee considers necessary to
carry out this Act.</DELETED>
<DELETED> (B) Furnishing information.--On request of
the Co-Chairs of the Committee, the head of the
department or agency shall furnish the information to
the Committee.</DELETED>
<DELETED> (3) Postal services.--The Committee may use the
United States mail in the same manner and under the same
conditions as other departments and agencies of the Federal
Government.</DELETED>
<DELETED> (4) Gifts.--The Committee may accept, use, and
dispose of gifts or donations of services or
property.</DELETED>
<DELETED> (5) Subcommittees.--</DELETED>
<DELETED> (A) In general.--The Co-Chairs of the
Committee may establish subcommittees to accomplish the
duties of the Committee.</DELETED>
<DELETED> (B) Intelligence matters.--</DELETED>
<DELETED> (i) In general.--The Co-Chairs of
the Committee shall establish a subcommittee on
intelligence matters related to covered
processes.</DELETED>
<DELETED> (ii) Membership.--The subcommittee
described in clause (i) shall include the Co-
Chairs of the Committee and may include other
members of the Committee who are not Federal
employees.</DELETED>
<DELETED> (iii) Security clearances.--The
Department shall expeditiously provide the
Committee members and staff of the subcommittee
established under clause (i) with appropriate
security clearances to the extent possible
under existing procedures and requirements to
perform oversight of intelligence matters
relating to covered processes.</DELETED>
<DELETED> (C) Open meetings.-- To the greatest
extent possible, all meetings of a subcommittee
described in this paragraph shall be open to the
public.</DELETED>
<DELETED> (g) Committee Personnel Matters.--</DELETED>
<DELETED> (1) Prohibition on compensation.--No non-Federal
member of the Committee may receive pay or benefits from the
United States Government by reason of service on the
Committee.</DELETED>
<DELETED> (2) Travel expenses.--All members of the Committee
may be paid travel, per diem, and other necessary expenses
while traveling away from such member's home or regular place
of business in the performance of the duties of the
Committee.</DELETED>
<DELETED> (h) Termination.--The Committee shall terminate on
December 31, 2030.</DELETED>
<DELETED>SEC. 4. REVISING DEPARTMENT REDRESS PROCESSES.</DELETED>
<DELETED> (a) Plan To Improve Redress Processes.--</DELETED>
<DELETED> (1) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to
the homeland security congressional committees a plan, to be
known as the ``DHS Plan to Improve Redress'', to improve and
expand the implementation by the Department of the appeal and
redress process required under section 44926 of title 49,
United States Code.</DELETED>
<DELETED> (2) Elements.--The plan required under paragraph
(1) shall include--</DELETED>
<DELETED> (A) the needs and intended outcomes of the
redress process, including--</DELETED>
<DELETED> (i) protecting national security
and upholding transparency, privacy, civil
rights, and civil liberties
principles;</DELETED>
<DELETED> (ii) an implementation schedule
with key milestones; and</DELETED>
<DELETED> (iii) delegation of
responsibilities;</DELETED>
<DELETED> (B) improved processes to seek redress for
individuals who believe they have been delayed,
prohibited from boarding a commercial aircraft, denied
or delayed entry into the United States, subjected to
electronic device searches, or denied Department
credentials because they were wrongly identified as a
risk under the regimes utilized by the Transportation
Security Administration, U.S. Customs and Border
Protection, or any other office or component of the
Department;</DELETED>
<DELETED> (C) efforts to ensure the redress process
is timely, fair, and provides for sufficient
constitutional protections and corrective actions to
minimize misidentifications and wrongful
placements;</DELETED>
<DELETED> (D) opportunities for the public to
provide feedback before and after implementation of the
plan;</DELETED>
<DELETED> (E) a description of concrete steps the
Department will take to strengthen the redress process
and make the redress process more transparent and
readily available for people of all backgrounds,
including individuals who lack access to technology or
familiarity with the Federal government; and</DELETED>
<DELETED> (F) a list of policies, procedures, and
guidelines related to redress and covered processes of
the Department that the Department will make available
to the public and, for those policies, procedures, and
guidelines that must be withheld in part or in full,
how the Department and other Federal agencies can
release summaries of those policies, procedures, and
guidelines to the public.</DELETED>
<DELETED> (3) Considerations.--The Secretary shall consider
any recommendations made by the Committee under section 3(e)(1)
when developing the plan required under paragraph (1) and
provide an explanation for any rejected
recommendations.</DELETED>
<DELETED> (4) Form.--The plan required under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.</DELETED>
<DELETED> (5) Public availability.--Not later than 30 days
after the date on which the Secretary submits the plan required
under paragraph (1), the Secretary shall publish a public
version of the plan.</DELETED>
<DELETED> (6) Briefing.--Not later than 10 days after the
Secretary publishes a public version of the plan under
paragraph (5), the Secretary shall brief the homeland security
congressional committees on the plan.</DELETED>
<DELETED> (b) Expansion of Office of Appeals and Redress.--Section
44926(b)(1) of title 49, United States Code, is amended--</DELETED>
<DELETED> (1) by striking ``The Secretary shall'' and
inserting the following:</DELETED>
<DELETED> ``(A) In general.--The Secretary
shall'';</DELETED>
<DELETED> (2) by striking ``The Office shall include
representatives'' and inserting the following:</DELETED>
<DELETED> ``(B) Composition.--The Office shall
include--</DELETED>
<DELETED> ``(i) representatives'';</DELETED>
<DELETED> (3) in subparagraph (B), as so designated--
</DELETED>
<DELETED> (A) in clause (i), by striking the period
at the end and inserting a semicolon; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(ii) the Privacy Officer of the
Department; and</DELETED>
<DELETED> ``(iii) the Officer for Civil
Rights and Civil Liberties of the
Department.''.</DELETED>
<DELETED> (c) Annual Report to Congress.--</DELETED>
<DELETED> (1) In general.-- Not later than 180 days after
the date of enactment of this Act, and annually thereafter
until December 31, 2030, the Attorney General, in consultation
with the Secretary, the Director of National Intelligence, the
Secretary of State, and the Secretary of Defense, shall submit
to appropriate congressional committees a report on the
consolidated terrorist watchlist, which shall include--
</DELETED>
<DELETED> (A) the criteria and guidance used by
Federal agencies for placing the name of an individual
on the consolidated terrorist watchlist, by category,
including a summary of any changes made in the 1-year
period preceding submission of the report;</DELETED>
<DELETED> (B) the total number of identities on the
consolidated terrorist watchlist, and the number of
identities by each category, including the number of
United States person identities in each
category;</DELETED>
<DELETED> (C) the minimum standards for reliability
and accuracy of identifying information;</DELETED>
<DELETED> (D) the degree of information certainty,
including all audits conducted in the 1-year period
preceding submission of the report;</DELETED>
<DELETED> (E) a list of policies and programs for
which the consolidated terrorist watchlist is used and
the range of applicable consequences that are to apply
to an individual, including screening and inspection
activities that may apply as a result;</DELETED>
<DELETED> (F) the types of records contained within
the consolidated terrorist watchlist;</DELETED>
<DELETED> (G) the list of government and
nongovernment entities with whom the consolidated
terrorist watchlist information is shared, including
foreign government entities, the way those entities use
consolidated terrorist watchlist information, and the
categories from the consolidated terrorist watchlist
that those entities receive; and</DELETED>
<DELETED> (H) the number of records added, removed,
and changed in the consolidated terrorist watchlist,
including, for each removal, the number of such records
by reason for the removal, in the 1-year period
preceding submission of the report.</DELETED>
<DELETED> (I) any additional information maintained
by the Terrorist Screening Center.</DELETED>
<DELETED> (2) Form.--Each report required under paragraph
(1) shall be submitted in unclassified form, but may include a
classified annex.</DELETED>
<DELETED> (3) Briefing.--Not later than 10 days after the
date on which the Attorney General submits the first report
under paragraph (1), the Attorney General shall brief the
appropriate congressional committees on the report.</DELETED>
<DELETED>SEC. 5. REPORT ON EFFECTIVENESS OF ENHANCED SCREENING
PROGRAMS.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) DHS trip.--The term ``DHS TRIP'' means the
Traveler Redress Inquiry Program of the Department.</DELETED>
<DELETED> (2) Enhanced screening.--The term ``enhanced
screening'' means enhanced or additional screening by the
Transportation Security Administration of a passenger at an
airport or secondary inspection by U.S. Customs and Border
Protection of an individual at a port of entry or the
equivalent.</DELETED>
<DELETED> (3) Reporting period.--The term ``reporting
period'', with respect to a report required by subsection (b),
means the one-year period preceding submission of the
report.</DELETED>
<DELETED> (b) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for the next 10 years,
the Secretary shall submit to the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Homeland Security of
the House of Representatives a report evaluating the effectiveness,
during the reporting period, of the mechanisms of the Transportation
Security Administration and U.S. Customs and Border Protection for
performing enhanced screening of passengers at airports and individuals
at ports of entry or the equivalent.</DELETED>
<DELETED> (c) Elements.--Each report required by subsection (b)
shall include, at a minimum, the following, for the reporting
period:</DELETED>
<DELETED> (1) The number of individuals who underwent at
least 1 enhanced screening, the number of enhanced screenings
conducted, and the number of enhanced screenings disaggregated
by the following reasons for screening, as
appropriate:</DELETED>
<DELETED> (A) The individual being on the Selectee
List.</DELETED>
<DELETED> (B) The individual being on the Expanded
Selectee List.</DELETED>
<DELETED> (C) A rules-based screening, disaggregated
by whether the screening was conducted under the Silent
Partner or Quiet Skies program of the Transportation
Security Administration or pursuant to a rule of U.S.
Customs and Border Protection.</DELETED>
<DELETED> (D) Identification of the individual by
the Transportation Security Administration under
section 114(h)(2) of title 49, United States
Code.</DELETED>
<DELETED> (E) Agricultural inspection.</DELETED>
<DELETED> (F) Customs inspection.</DELETED>
<DELETED> (G) At the discretion of an employee of
U.S. Customs and Border Protection or Transportation
Security Administration, including by a member of a
Tactical Terrorism Response Team.</DELETED>
<DELETED> (H) Random selection, disaggregated by
whether enhanced screening was conducted--</DELETED>
<DELETED> (i) under the Secure Flight
program of the Transportation Security
Administration; or</DELETED>
<DELETED> (ii) at a port of entry or at an
airport security checkpoint, including for
participants in trusted traveler programs or
the Registered Traveler program.</DELETED>
<DELETED> (I) In response to a flag from another
Federal agency, disaggregated by which agency and what
that flag was for, including because the individual is
on the Do Not Board List or the Public Health Lookout
List of the Centers for Disease Control and
Prevention.</DELETED>
<DELETED> (J) Air carrier designation.</DELETED>
<DELETED> (K) Other reasons, including information
with respect to such other reasons.</DELETED>
<DELETED> (2) The enhanced screenings described in paragraph
(1) that resulted in--</DELETED>
<DELETED> (A) the discovery of a violation of the
law, disaggregated by violation;</DELETED>
<DELETED> (B) the revocation of a visa;</DELETED>
<DELETED> (C) the placement of an individual in
detention;</DELETED>
<DELETED> (D) the addition of an individual to the
Terrorist Screening Database;</DELETED>
<DELETED> (E) the levying of a fine or penalty;
or</DELETED>
<DELETED> (F) no consequences.</DELETED>
<DELETED> (3) Whether there were individuals who underwent
more than 1 enhanced screening, including--</DELETED>
<DELETED> (A) how many individuals underwent more
than 1 enhanced screening;</DELETED>
<DELETED> (B) how often those individuals received
enhanced screenings;</DELETED>
<DELETED> (C) whether there were common reasons for
the multiple enhanced screenings;</DELETED>
<DELETED> (D) whether individuals who received
enhanced screenings received those screenings because
of a rules-based screening program matched to more than
1 rule and, if so, how many rules they matched
to;</DELETED>
<DELETED> (E) whether there were any common trends
or characteristics to the individuals who underwent
more than 1 enhanced screening that the Department was
able to identify, including nationality, gender, or
another relevant characteristic;</DELETED>
<DELETED> (F) whether there were individuals who
were previously removed from the Terrorist Screening
Database who after that removal received an enhanced
screening that was not related to the previous
placement in the Database; and</DELETED>
<DELETED> (G) whether the individuals who underwent
more than 1 enhanced screening, by either the
Transportation Security Administration or U.S. Customs
and Border Protection, had also undergone more than 1
enhanced screening in the previous 2 years.</DELETED>
<DELETED> (4) With respect to searches of electronic devices
arising from enhanced screenings, the following:</DELETED>
<DELETED> (A) The number of electronic devices
searched, disaggregated by agency and airport or port
of entry and basic or advanced search, and the names of
third-party tools used to conduct the search.</DELETED>
<DELETED> (B) The number of requests for technical
assistance to search an electronic device or for
assistance to conduct analysis of the findings of a
search of a device, disaggregated by requesting agency,
airport or port of entry, and assisting agency, and
including the number of requests granted and a
description of the result of each request.</DELETED>
<DELETED> (C) The total number of individuals whose
electronic devices were searched during the reporting
period.</DELETED>
<DELETED> (D) The number of those individuals who
were, at the time of the search, included on the No Fly
List, the Selectee List, the Terrorist Screening
Database, or other subsidiary lists shared with the
Department, disaggregated by list.</DELETED>
<DELETED> (E) The number of individuals who, as a
result of the search in part or wholly, were newly
added to a list described in subparagraph
(D).</DELETED>
<DELETED> (5) With respect to each rules-based screening
program, the following:</DELETED>
<DELETED> (A) A description of each rule that was in
effect at any point during the reporting
period.</DELETED>
<DELETED> (B) A statement of the
following:</DELETED>
<DELETED> (i) The total number of rules and
the number of rules added, changed, maintained,
or archived.</DELETED>
<DELETED> (ii) For the number of rules added
or changed, a statement of--</DELETED>
<DELETED> (I) the number added or
changed through standard rule review
procedures; and</DELETED>
<DELETED> (II) the number added or
changed through procedures designed for
exigent circumstances.</DELETED>
<DELETED> (iii) The total number of rules
that rely in part or wholly on race, ethnicity,
nationality, sex, age, or religion, a breakdown
of the rules by each trait, and a description
of how each rule uses that trait.</DELETED>
<DELETED> (6) With respect to DHS TRIP, a statement of the
following:</DELETED>
<DELETED> (A) The number of applications to DHS
TRIP.</DELETED>
<DELETED> (B) With respect to the No Fly List, the
Selectee List, the Terrorist Screening Database, or
other subsidiary lists shared with the Department, the
following:</DELETED>
<DELETED> (i) The number of applicants that
DHS TRIP determined were properly included on
one of those lists, disaggregated by
list.</DELETED>
<DELETED> (ii) The number of applicants that
DHS TRIP determined were incorrectly included
on one of those lists, disaggregated by
list.</DELETED>
<DELETED> (iii) The number of applicants
that DHS TRIP determined had no nexus to one of
those lists.</DELETED>
<DELETED> (iv) The number of applicants that
DHS TRIP determined were mistakenly identified
as an individual on one of those lists,
disaggregated by list.</DELETED>
<DELETED> (C) The number of applicants that DHS TRIP
determined were included as random selectees for
enhanced screening under the Secure Flight
program.</DELETED>
<DELETED> (D) The number of applicants for DHS TRIP
who encountered travel incidents that fall into
categories not described in any of subparagraphs (A)
through (C), disaggregated by category.</DELETED>
<DELETED> (E) The number of applications to DHS TRIP
that stated that an agency or officer relied upon race,
ethnicity, nationality, sex, age, or religion to make
any decision.</DELETED>
<DELETED> (7) Any other information the Secretary considers
relevant to evaluating the effectiveness of the enhanced
screening selection procedures of the Transportation Security
Administration and U.S. Customs and Border
Protection.</DELETED>
<DELETED> (d) Analysis of Civil Rights and Civil Liberties Impact.--
Each report required by subsection (b) shall include an analysis of any
impacts on civil rights or civil liberties of enhanced screening based
on the data included in the report.</DELETED>
<DELETED> (e) Data Collection.--The data to be included in each
report required by subsection (b) shall--</DELETED>
<DELETED> (1) be provided by the Transportation Security
Administration and U.S. Customs and Border Protection to the
Office of Homeland Security Statistics; and</DELETED>
<DELETED> (2) be collected and analyzed--</DELETED>
<DELETED> (A) by the Office of Homeland Security
Statistics, in coordination with the Transportation
Security Administration, U.S. Customs and Border
Protection, and other relevant agencies; and</DELETED>
<DELETED> (B) in a manner that--</DELETED>
<DELETED> (i) is consistent with the
Constitution of the United States;</DELETED>
<DELETED> (ii) complies with all applicable
laws and policies, including laws and policies
protecting privacy, civil rights, and civil
liberties.</DELETED>
<DELETED> (f) Limitations on Use of Data.--Data that is aggregated
for purposes of a report required by subsection (b)--</DELETED>
<DELETED> (1) may be used only for purposes of preparing the
report, analyzing trends, making recommendations for improving
the efficiency and effectiveness of enhanced screening at
airports and ports of entry, or auditing enhanced screening
programs; and</DELETED>
<DELETED> (2) may not be used for purposes of tracking,
vetting, or screening individuals.</DELETED>
<DELETED> (g) Form of Report.--Each report required by subsection
(b) shall be submitted in unclassified form, but may include a
classified appendix.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Oversight and
Accountability in Screening Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Armed Services of the Senate;
(D) the Select Committee on Intelligence of the
Senate;
(E) the Committee on Foreign Relations of the
Senate;
(F) the Committee on Homeland Security of the House
of Representatives;
(G) the Committee on Oversight and Accountability
of the House of Representatives;
(H) the Committee on the Judiciary of the House of
Representatives;
(I) the Committee on Armed Services of the House of
Representatives;
(J) the Permanent Select Committee on Intelligence
of the House of Representatives; and
(K) the Committee on Foreign Affairs of the House
of Representatives.
(2) Committee.--The term ``Committee'' means the Screening
and Watchlisting Advisory Committee established under section
3(a).
(3) Consolidated terrorist watchlist.--The term
``consolidated terrorist watchlist'' has the meaning given the
term ``terrorist screening database'' in section 2101 of the
Homeland Security Act of 2002 (6 U.S.C. 621).
(4) Covered processes.--The term ``covered processes''
means the practices, policies, and programs used to conduct
primary, secondary, enhanced, and additional screenings,
vettings, inspections, and other processes at airports and
other ports of entry, including those related to watchlists
maintained by the Terrorist Screening Center, the Department,
or a component of the Department.
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Enhanced redress.--The term ``enhanced redress'' means
the process by which the Department confirms whether a United
States person, who has been denied boarding and has applied for
redress, is on the No Fly List maintained by the Terrorist
Screening Center.
(7) Foreign person.--The term ``foreign person'' means an
individual that is not a United States person.
(8) Homeland security congressional committees.--The term
``homeland security congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
(9) Redress.-- The term ``redress'' means the process
established by the Department to resolve requests by
individuals to address issues relating to travel, such as
being--
(A) denied airline boarding or delayed in boarding
an aircraft;
(B) denied entry into or exit from or delayed in
entering into or exiting from the United States at a
port of entry or border crossing; or
(C) repeatedly referred to additional screening or
inspection.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(11) United states person.--The term ``United States
person'' means a United States citizen or an alien lawfully
admitted for permanent residence to the United States.
SEC. 3. SCREENING AND WATCHLISTING ADVISORY COMMITTEE.
(a) Establishment.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall establish a Screening and
Watchlisting Advisory Committee.
(b) Membership.--
(1) Composition.--The Committee shall be composed of an odd
number of members of not less than 15 and not more than 25
members appointed by the Secretary as follows:
(A) 2 members shall be the Civil Rights and Civil
Liberties Officer of the Department and a
representative from a nonprofit organization, academia,
or civil society, who shall serve as Co-Chairs of the
Committee.
(B) Not less than 1 member shall be appointed from
each of the following components of the Department:
(i) The Transportation Security
Administration.
(ii) U.S. Customs and Border Protection.
(iii) The Privacy Office.
(iv) The Office of Strategy, Policy, and
Plans.
(v) The Office of Intelligence and
Analysis.
(vi) Any other relevant component germane
to Department screening, inspections, and
redress, as determined appropriate by the
Secretary.
(C) 5 members shall be the following agency heads
or their representatives:
(i) The Director of the Federal Bureau of
Investigation.
(ii) The Director of the Terrorist
Screening Center.
(iii) The Director of the National
Counterterrorism Center.
(iv) The Secretary of State.
(v) The Chair of the Privacy and Civil
Liberties Oversight Board established under
section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C.
2000ee).
(D) Members of the nonprofit, academic, or civil
society sectors representing the following:
(i) Individuals who represent communities
of diverse backgrounds in race, ethnicity,
religion, and gender.
(ii) Individuals who represent communities
from various geographic regions within the
United States.
(iii) National organizations that represent
diverse racial, ethnic, and religious
communities.
(iv) Individuals with expertise in law,
transparency, technology, privacy, civil
rights, and civil liberties.
(E) Any other individuals as the Secretary
determines appropriate.
(2) Nongovernment members.--There shall be not less than 1
more member of the Committee appointed under paragraph (1)(D)
than the total number of members appointed under subparagraphs
(A), (B), (C), and (E) of paragraph (1).
(3) Date.--The appointments of members of the Committee
shall be made not later than 120 days after the date of
enactment of this Act.
(4) Voluntary service.--The members of the Committee shall
serve on the Committee on a voluntary basis.
(5) Publication of list of members.--The Committee shall
publish an updated list of members of the Committee on a
publicly available website before each meeting of the
Committee.
(c) Period of Appointment; Vacancies.--
(1) Term.--The term of a member of the Committee shall be 3
years, except that a member may continue to serve until a
successor is appointed.
(2) Vacancies.--A vacancy in the Committee--
(A) shall not affect the powers of the Committee;
and
(B) shall be filled in the same manner as the
original appointment.
(3) Reappointment.--A member of the Advisory Committee may
be reappointed for not more than 1 term.
(d) Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of the Committee have been appointed, the
Committee shall hold the first meeting of the Committee.
(2) Frequency; manner.--The Committee--
(A) shall meet--
(i) not less frequently than quarterly; and
(ii) at the call of the Co-Chairs of the
Committee or the Secretary; and
(B) may meet remotely.
(e) Duties.--
(1) In general.--The Committee shall--
(A) advise, consult with, and make recommendations
to the Secretary, as appropriate, on the development,
refinement, implementation, and evaluation of policies,
programs, and planning pertaining to covered processes
of the Department, including--
(i) all covered processes implemented by
the Transportation Security Administration;
(ii) all covered processes implemented by
U.S. Customs and Border Protection at ports of
entry and their equivalents;
(iii) trainings associated with these
covered processes;
(iv) the intelligence used to support these
covered processes;
(v) how data related to these covered
processes is used, collected, retained,
analyzed, and shared;
(vi) internal Department oversight over
these covered processes;
(vii) metrics to assess the effectiveness
of covered processes, including any metrics
outlined in policy documents;
(viii) redress processes related to these
covered processes; and
(ix) any other matter related to covered
processes as the Committee may determine
relevant;
(B) as appropriate, disclose to the public and
Congress information about the covered processes
described in subparagraph (A), and the data and
analytical system related to those processes, including
materials explaining how those processes work and legal
and policy analyses of the processes;
(C) provide recommendations for the plan required
under section 4(a), including--
(i) all recommendations agreed upon by a
simple majority of members of the Committee;
and
(ii) an identification of each of the
members of the Committee that agreed on each
recommendation; and
(D) consider, when providing recommendations for
the plan required under section 4(a)--
(i) the use of external advocates who are
granted security clearances and may access
classified information to assist passengers;
(ii) the establishment of a Federal office
to serve as advocates for passengers or the
designation of an existing Federal office to
serve that purpose;
(iii) the establishment of an independent
ombudsman office to assist passengers with the
redress process;
(iv) expanding the enhanced redress process
to include United States persons who wish to
contest their placement on the Selectee List,
the Expanded Selectee List, or the consolidated
terrorist watchlist;
(v) how to provide United States persons
subject to the enhanced redress process with a
significant amount of information about the
placement of the person on the No Fly List and
what a reasonable amount of time for this
disclosure should be;
(vi) whether it is advisable to create a
system that would allow an individual to
demonstrate that the individual does not pose a
threat to aviation or border security, and if
advisable, the options for developing such a
system;
(vii) the extent to which an applicant for
redress can be notified about placement on any
other lists maintained by the Department or
other Federal agencies aside from those
described in clause (iv), and a summary of the
basis for that placement;
(viii) which policies, procedures, and
guidelines related to covered processes and
redress can be made available to the public
and, for those policies, procedures, and
guidelines that are required to be withheld in
part or in full, how the Department and other
Federal agencies can release meaningful
information about those policies, procedures,
and guidelines to the public;
(ix) notifying applicants for redress of
whether any records, including records relating
to the status of the applicant, have changed as
a result of the application; and
(x) the potential for a redress applicant
who opts in to receive an expedited or
discounted review of an application for a
trusted traveler program of the Department.
(2) Consultation.--
(A) In general.--To ensure input and coordination
from relevant components of the Department and the
public, the Secretary shall regularly seek the advice
of the Committee on the administration of Department
covered processes and redress policies and procedures.
(B) Committee consultation.--The Committee may
consult with applicable Federal agencies other than the
Department to ensure a holistic review of covered
processes.
(C) Access to materials.--The Committee shall have
access to all materials necessary to implement its
responsibilities, including all materials marked as for
official use only, law enforcement sensitive, or
sensitive security information.
(3) Reports.--
(A) Periodic reports.--The Committee shall
periodically submit to the Secretary reports on
screening, inspections, and redress matters identified
by the Secretary and on matters of concern identified
by a majority of the members of the Committee.
(B) Annual report.--
(i) In general.--Not later than September
30 of each year, the Co-Chairs of the Committee
shall submit to the homeland security
congressional committees and the Secretary a
report on the activities of the Committee for
the preceding year, which shall include--
(I) information from the periodic
reports submitted under subparagraph
(A) during the year covered by the
report; and
(II) the activities of any
subcommittees established under
subsection (f)(5).
(ii) Publication.--Not later than 30 days
after the date on which the Secretary receives
a report under clause (i), the Secretary shall
publish a public version of the report.
(4) Congressional briefing.--Not later than 10 days after
the date on which the Co-Chairs of the Committee submit to the
Secretary an annual report required under paragraph (3)(B)(i),
the Co-Chairs of the Committee shall provide a briefing to the
homeland security congressional committees on the work,
recommendations, and dissenting opinions of the Committee and
any actions taken as the result of the work, recommendations,
and dissenting opinions.
(f) Powers of the Committee.--
(1) Hearings.--The Committee may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Committee considers advisable to
carry out this Act.
(2) Information from federal agencies.--
(A) In general.--The Committee may secure directly
from a Federal department or agency such information as
the Committee considers necessary to carry out this
Act.
(B) Furnishing information.--On request of the Co-
Chairs of the Committee, the head of the relevant
Federal department or agency shall furnish the
information to the Committee.
(C) Safeguards.--Each member of the Committee shall
abide by the relevant executive orders, regulations,
and policies regarding the use, safeguarding, and
sharing of information that regularly apply to the
information accessed and role of the member on the
Committee.
(3) Postal services.--The Committee may use the United
States mail in the same manner and under the same conditions as
other departments and agencies of the Federal Government.
(4) Gifts.--The Committee may accept, use, and dispose of
gifts or donations of services or property.
(5) Subcommittees.--
(A) In general.--The Co-Chairs of the Committee may
establish subcommittees to accomplish the duties of the
Committee.
(B) Intelligence matters.--
(i) In general.--The Co-Chairs of the
Committee shall establish a subcommittee on
intelligence matters related to covered
processes.
(ii) Membership.--The subcommittee
described in clause (i) shall include the Co-
Chairs of the Committee and may include other
members of the Committee who are not Federal
employees.
(iii) Security clearances.--
(I) In general.--Subject to
subclause (II), the Department shall
expeditiously provide the Committee
members and staff of the subcommittee
established under clause (i) with
appropriate security clearances to the
extent possible under existing
procedures and requirements to perform
oversight of intelligence matters
relating to covered processes.
(II) Prohibition.--No individual
may be appointed to the subcommittee
established under clause (i) if such
individual is determined not to be
eligible to receive the requisite
security clearance.
(III) Security clearance
requirements.--Any individual appointed
to the subcommittee established under
clause (i) shall abide by the
requirements to hold a security
clearance provided under this clause.
(C) Open meetings.-- To the greatest extent
possible, all meetings of a subcommittee described in
this paragraph shall be open to the public.
(g) Committee Personnel Matters.--
(1) Prohibition on compensation.--No non-Federal member of
the Committee may receive pay or benefits from the United
States Government by reason of service on the Committee.
(2) Travel expenses.--All members of the Committee may be
paid travel, per diem, and other necessary expenses while
traveling away from such member's home or regular place of
business in the performance of the duties of the Committee.
(h) Applicability of FACA.--Chapter 10 of title 5, United States
Code (commonly referred to as the ``Federal Advisory Committee Act''),
shall apply to the Committee.
(i) Rule of Construction.--Nothing in this section shall be
construed to limit the communications of the members of the Committee
with Congress.
(j) Termination.--The Committee shall terminate on December 31,
2030.
SEC. 4. REVISING DEPARTMENT REDRESS PROCESSES.
(a) Plan to Improve Redress Processes.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
homeland security congressional committees a plan, to be known
as the ``DHS Plan to Improve Redress'', to improve and expand
the implementation by the Department of the appeal and redress
process required under section 44926 of title 49, United States
Code.
(2) Elements.--The plan required under paragraph (1) shall
include--
(A) the needs and intended outcomes of the redress
process, including--
(i) protecting national security and
upholding transparency, privacy, civil rights,
and civil liberties;
(ii) an implementation schedule with key
milestones; and
(iii) delegation of responsibilities;
(B) improved processes to seek redress for
individuals who believe they have been delayed,
prohibited from boarding a commercial aircraft, denied
or delayed entry into the United States, subjected to
electronic device searches, or denied Department
credentials because they were wrongly identified as a
risk under the regimes utilized by the Transportation
Security Administration, U.S. Customs and Border
Protection, or any other office or component of the
Department;
(C) efforts to ensure the redress process is
timely, fair, and provides for sufficient
constitutional protections and corrective actions to
minimize misidentifications and wrongful placements;
(D) opportunities for the public to provide
feedback before and after implementation of the plan;
(E) a description of concrete steps the Department
will take to strengthen the redress process and make
the redress process more transparent and readily
available for people of all backgrounds, including
individuals who lack access to technology or
familiarity with the Federal Government; and
(F) a list of policies, procedures, and guidelines
related to redress and covered processes of the
Department that the Department will make available to
the public and, for those policies, procedures, and
guidelines that must be withheld in part or in full as
a result of reasonable national security concerns, how
the Department and other Federal agencies can release
meaningful information about those policies,
procedures, and guidelines to the public.
(3) Considerations.--The Secretary shall consider any
recommendations made by the Committee under section 3(e)(1)
when developing the plan required under paragraph (1) of this
subsection and provide an explanation for any rejected
recommendations.
(4) Form.--The plan required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(5) Public availability.--Not later than 30 days after the
date on which the Secretary submits the plan required under
paragraph (1), the Secretary shall publish a public version of
the plan.
(6) Briefing.--Not later than 10 days after the date on
which the Secretary publishes a public version of the plan
under paragraph (5), the Secretary shall brief the homeland
security congressional committees on the plan.
(b) Expansion of Office of Appeals and Redress.--Section
44926(b)(1) of title 49, United States Code, is amended--
(1) by striking ``The Secretary shall'' and inserting the
following:
``(A) In general.--The Secretary shall'';
(2) by striking ``The Office shall include
representatives'' and inserting the following:
``(B) Composition.--The Office shall include--
``(i) representatives'';
(3) in subparagraph (B), as so designated--
(A) in clause (i), by striking the period at the
end and inserting a semicolon; and
(B) by adding at the end the following:
``(ii) the Privacy Officer of the
Department; and
``(iii) the Officer for Civil Rights and
Civil Liberties of the Department.''.
(c) Annual Report to Congress.--
(1) In general.-- Not later than 180 days after the date of
enactment of this Act, and annually thereafter until December
31, 2030, the Attorney General, in consultation with the
Secretary, the Director of National Intelligence, the Secretary
of State, and the Secretary of Defense, shall submit to the
appropriate congressional committees a report on the
consolidated terrorist watchlist, which shall include--
(A) the criteria and guidance used by Federal
agencies for placing the name of an individual on the
consolidated terrorist watchlist, by category,
including a summary of any changes made during the 1-
year period preceding submission of the report;
(B) the total number of identities on the
consolidated terrorist watchlist, and the number of
identities by each category, including the number of
United States person identities in each category;
(C) the minimum standards for reliability and
accuracy of identifying information;
(D) the degree of information certainty, including
all audits conducted during the 1-year period preceding
submission of the report;
(E) a list of policies and programs for which the
consolidated terrorist watchlist is used and the range
of applicable consequences that are to apply to an
individual, including screening and inspection
activities that may apply as a result;
(F) the types of records contained within the
consolidated terrorist watchlist;
(G) the list of government and nongovernment
entities with whom the consolidated terrorist watchlist
information is shared, including foreign government
entities, the way those entities use consolidated
terrorist watchlist information, and the categories
from the consolidated terrorist watchlist that those
entities receive;
(H) the number of records added, removed, and
changed in the consolidated terrorist watchlist,
including, for each removal, the number of such records
by reason for the removal, during the 1-year period
preceding submission of the report; and
(I) a description of new information maintained by
the Terrorist Screening Center.
(2) Form.--Each report required under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(3) Briefing.--Not later than 10 days after the date on
which the Attorney General submits the first report under
paragraph (1), the Attorney General shall brief the appropriate
congressional committees on the report.
(4) Publication.--The Attorney General shall develop and
publish on the website of the Department of Justice a public
version of each report required under this subsection in a
manner that makes available any information in the report that
would not harm national security.
SEC. 5. REPORT ON EFFECTIVENESS OF ENHANCED SCREENING PROGRAMS.
(a) Definitions.--In this section:
(1) DHS trip.--The term ``DHS TRIP'' means the Traveler
Redress Inquiry Program of the Department.
(2) Enhanced screening.--The term ``enhanced screening''
means enhanced or additional screening by the Transportation
Security Administration of a passenger at an airport or
secondary inspection by U.S. Customs and Border Protection of
an individual at a port of entry or the equivalent.
(3) Reporting period.--The term ``reporting period'', with
respect to a report required by subsection (b), means the 1-
year period preceding submission of the report.
(b) Reports.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter for the next 10 years, the
Secretary shall--
(1) submit to the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on Homeland
Security of the House of Representatives, and the Comptroller
General of the United States a report evaluating the
effectiveness, during the reporting period, of the mechanisms
of the Transportation Security Administration and U.S. Customs
and Border Protection for performing enhanced screening of
passengers at airports and individuals at ports of entry or the
equivalent; and
(2) work with the Chief Information Officer of the
Department and the Science and Technology Directorate of the
Department to develop any new tools or mechanisms needed to
track the information described in paragraph (1) in a manner
that shall not delay travelers and shall report any challenges
in development of that technology to the appropriate
congressional committees.
(c) Elements of Reports.--
(1) In general.--Each report required by subsection (b)
shall include for the reporting period, at a minimum, the
following data, disaggregated with respect to the
Transportation Security Administration and U.S. Customs and
Border Protection, as applicable to each agency:
(A) The number of individuals who underwent at
least 1 enhanced screening, the number of enhanced
screenings conducted, and the number of enhanced
screenings disaggregated by the following reasons for
screening, as appropriate:
(i) The individual being on the Selectee
List.
(ii) The individual being on the Expanded
Selectee List.
(iii) A rules-based screening,
disaggregated by whether the screening was
conducted under the Silent Partner or Quiet
Skies program of the Transportation Security
Administration or pursuant to a rule of U.S.
Customs and Border Protection.
(iv) Identification of the individual by
the Transportation Security Administration
under section 114(h)(2) of title 49, United
States Code.
(v) Agricultural inspection.
(vi) Customs inspection.
(vii) Immigration inspection.
(viii) At the discretion of an employee of
U.S. Customs and Border Protection or
Transportation Security Administration,
including by a member of a Tactical Terrorism
Response Team.
(ix) Random selection, disaggregated by
whether enhanced screening was conducted--
(I) under the Secure Flight program
of the Transportation Security
Administration; or
(II) at a port of entry or at an
airport security checkpoint, including
for participants in trusted traveler
programs or the Registered Traveler
program.
(x) In response to a flag from another
Federal agency, disaggregated by which agency
and what that flag was for, including because
the individual is on the Do Not Board List or
the Public Health Lookout List of the Centers
for Disease Control and Prevention.
(xi) Air carrier designation.
(xii) Other reasons, including information
with respect to such other reasons.
(B) The enhanced screenings described in
subparagraph (A) that, as appropriate to the
Transportation Security Administration and U.S. Customs
and Border Protection, resulted in--
(i) the discovery of a violation of the
law, disaggregated by violation;
(ii) the revocation of a visa;
(iii) the placement of an individual in
detention;
(iv) the nomination of an individual to the
Terrorist Screening Database;
(v) the levying of a fine or penalty;
(vi) the detection of a prohibited item; or
(vii) no consequences.
(C) Whether there were individuals who, during the
period covered under the relevant report, underwent
more than 1 enhanced screening, including--
(i) how many individuals underwent more
than 1 enhanced screening;
(ii) how often those individuals received
enhanced screenings;
(iii) whether there were common reasons for
the multiple enhanced screenings;
(iv) whether individuals who received
enhanced screenings received those screenings
because of a rules-based screening program
matched to more than 1 rule and, if so, how
many rules they matched to;
(v) whether there were any common trends or
characteristics to the individuals who
underwent more than 1 enhanced screening that
the Department was able to identify, including
nationality, gender, or another relevant
characteristic;
(vi) whether there were individuals who
were previously removed from the Terrorist
Screening Database who after that removal
received an enhanced screening that was not
related to the previous placement in the
Database; and
(vii) whether the individuals who underwent
more than 1 enhanced screening, by either the
Transportation Security Administration or U.S.
Customs and Border Protection, had also
undergone more than 1 enhanced screening in the
previous 2 years.
(D) With respect to the searches of the content of
electronic devices arising from enhanced screenings,
the following:
(i) The number of electronic devices
searched, disaggregated by airport or port of
entry and basic or advanced search, and the
names of third-party tools used to conduct the
search.
(ii) The number of requests for technical
assistance to search an electronic device or
for assistance to conduct analysis of the
findings of a search of a device, disaggregated
by requesting agency, airport or port of entry,
and assisting agency, and including the number
of requests granted and a description of the
result of each request.
(iii) The total number of individuals whose
electronic devices were searched during the
reporting period.
(iv) The number of those individuals who
were, at the time of the search, included on
the No Fly List, the Selectee List, the
Terrorist Screening Database, or other
subsidiary lists shared with the Department,
disaggregated by list.
(v) The number of individuals who, as a
result of the search in part or wholly, were
newly added to a list described in clause (iv).
(E) With respect to each Transportation Security
Administration and U.S. Customs and Border Protection
rules-based screening program, the following:
(i) A description of each rule that was in
effect at any point during the reporting
period.
(ii) A statement of the following:
(I) The total number of rules and
the number of rules added, changed,
maintained, or archived.
(II) For the number of rules added
or changed, a statement of--
(aa) the number added or
changed through standard rule
review procedures; and
(bb) the number added or
changed through procedures
designed for exigent
circumstances.
(III) The total number of rules
that rely in part or wholly on race,
ethnicity, nationality, sex, age, or
religion, a breakdown of the rules by
each trait, and a description of how
each rule uses that trait.
(F) With respect to DHS TRIP, a statement of the
following:
(i) The number of applications to DHS TRIP.
(ii) With respect to the No Fly List, the
Selectee List, the Terrorist Screening
Database, or other subsidiary lists shared with
the Department, the following:
(I) The number of applicants to DHS
TRIP who were included on one of those
lists and were not removed as a result
of the application, disaggregated by
list.
(II) The number of applicants to
DHS TRIP who were included on one of
those lists at the time of a redress
application and whose status changed as
a result of the redress process,
disaggregated by list.
(III) The number of applicants that
DHS TRIP determined had no nexus to one
of those lists.
(IV) The number of applicants that
DHS TRIP determined were mistakenly
identified as an individual on one of
those lists, disaggregated by list.
(iii) The number of applicants that DHS
TRIP determined were included as random
selectees for enhanced screening under the
Secure Flight program.
(iv) The number of applicants for DHS TRIP
who encountered travel incidents that fall into
categories not described in any of clauses (i),
(ii), or (iii), disaggregated by category.
(v) The number of applications to DHS TRIP
that stated that an agency or officer relied
upon race, ethnicity, nationality, sex, age, or
religion to make any decision.
(G) Any other information the Secretary considers
relevant to evaluating the effectiveness of the
enhanced screening selection procedures of the
Transportation Security Administration and U.S. Customs
and Border Protection, including any improvements the
Secretary has identified as a result of the report and
plans to implement or the effect of improvements made
as a result of reports submitted during previous years.
(2) Initial report.--In submitting the first report in
accordance with this subsection, the Secretary shall include
the following:
(A) An explanation for any required information and
data described in paragraph (1) that is not available
on the date of the submission but can be collected in
the future, including--
(i) whether technological or other changes
will need to be made to collect the information
or data;
(ii) the timeline for collecting the
information or data, including any specific
agency responsibilities; and
(iii) any additional resources necessary
for collecting the information or data.
(B) With respect to any required information and
data described in paragraph (1) that the Secretary
cannot collect, an explanation as to why the
information or data cannot be collected.
(3) Subsequent reports.--Each report submitted after the
initial report described in paragraph (2) shall include a
description of any required information or data described in
paragraph (1) that is missing from the report, including the
following:
(A) A description of the missing required
information or data described in paragraph (1).
(B) The Transportation Security Administration or
U.S. Customs and Border Protection or other Government
entity screening entity, activity, or program that
uses, produces, or is best positioned to have knowledge
of the missing required information or data described
in paragraph (1).
(C) The reasons the required information or data
described in paragraph (1) are missing from the report.
(D) Any updates relating to changes made based on
subsection (2)(A).
(E) Any additional required authorities, resources,
or other needed actions to begin tracking the missing
required information or data described in paragraph
(1), if practicable.
(d) Analysis of Civil Rights, Civil Liberties, and Privacy
Impact.--Each report required under subsection (b) shall include an
analysis of any impacts on civil rights, civil liberties, or privacy of
enhanced screening based on the data included in the report.
(e) Disaggregation.--Each report required under subsection (b)
shall disaggregate the information contained in the report relating to
individuals into the categories of United States persons and foreign
persons.
(f) GAO Review.--
(1) Review.--Upon receipt of the first report submitted
under subsection (b), the Comptroller General of the United
States shall commence a review of the section of the report
submitted in compliance with subsection (c)(2).
(2) Briefing.--Not later than 1 year after receipt of the
first report submitted under subsection (b), the Comptroller
General of the United States shall provide a briefing on the
findings of the review to the Committee on Homeland Security
and Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate and to the Committee
on Homeland Security of the House of Representatives.
(g) Data Collection.--The data to be included in each report
required by subsection (b) shall--
(1) be provided by the Transportation Security
Administration and U.S. Customs and Border Protection to the
Office of Homeland Security Statistics; and
(2) be collected and analyzed--
(A) by the Office of Homeland Security Statistics,
in coordination with the Transportation Security
Administration, U.S. Customs and Border Protection, and
other relevant agencies; and
(B) in a manner that--
(i) is consistent with the Constitution of
the United States; and
(ii) complies with all applicable laws and
policies, including laws and policies
protecting privacy, civil rights, and civil
liberties.
(h) Limitations on Use of Data.--Data that is aggregated for
purposes of a report required by subsection (b)--
(1) shall be used only for purposes of preparing the
report, analyzing trends, making recommendations for improving
the efficiency and effectiveness of enhanced screening at
airports and ports of entry or implementing those improvements,
or reviewing enhanced screening programs; and
(2) may not be used for purposes of tracking, vetting, or
screening individuals.
(i) Form of Report.--Each report required by subsection (b) shall
be submitted in unclassified form, but may include a classified
appendix.
(j) Publication.--The Secretary shall develop and publish on the
website of the Department of Homeland Security a public version of each
report required under this section in a manner that makes available any
information in the report that would not harm national security.
Calendar No. 738
118th CONGRESS
2d Session
S. 4681
[Report No. 118-318]
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A BILL
To ensure a timely, fair, meaningful, and transparent process for
individuals to seek redress because they were wrongly identified as a
threat under the screening and inspection regimes used by the
Department of Homeland Security, to require a report on the
effectiveness of enhanced screening programs of the Department of
Homeland Security, and for other purposes.
_______________________________________________________________________
December 19 (legislative day, December 16), 2024
Reported with an amendment