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[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]

_______________________________________________________________________

                                 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
```