II 

118TH CONGRESS 

2D SESSION S. 4681 

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 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Enhanced Oversight 

3 and Accountability in Screening Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means— 

9 (A) the Committee on Homeland Security 

10 and Governmental Affairs of the Senate; 

11 (B) the Committee on the Judiciary of the 

12 Senate; 

13 (C) the Committee on Armed Services of 

14 the Senate; 

15 (D) the Select Committee on Intelligence 

16 of the Senate; 

17 (E) the Committee on Foreign Relations of 

18 the Senate; 

19 (F) the Committee on Homeland Security 

20 of the House of Representatives; 

21 (G) the Committee on Oversight and Ac22 countability of the House of Representatives; 

23 (H) the Committee on the Judiciary of the 

24 House of Representatives; 

25 (I) the Committee on Armed Services of 

26 the House of Representatives; 


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1 (J) the Permanent Select Committee on 

2 Intelligence of the House of Representatives; 

3 and 

4 (K) the Committee on Foreign Affairs of 

5 the House of Representatives. 

6 (2) COMMITTEE.—The term ‘‘Committee’’ 

7 means the Screening and Watchlisting Advisory 

8 Committee established under section 3(a). 

9 (3) CONSOLIDATED TERRORIST WATCHLIST.— 

10 The term ‘‘consolidated terrorist watchlist’’ means 

11 any database or watchlist maintained by the Ter12 rorist Screening Center for the purpose of moni13 toring individuals suspected of engaging in terrorist 

14 activity, including the terrorist screening database 

15 and any successor database. 

16 (4) COVERED PROCESSES.—The term ‘‘covered 

17 processes’’ means the practices, policies, and pro18 grams used to conduct primary, secondary, en19 hanced, and additional screenings, vettings, inspec20 tions, and other processes related to watchlists main21 tained by any Federal agency. 

22 (5) DEPARTMENT.—The term ‘‘Department’’ 

23 means the Department of Homeland Security. 

24 (6) ENHANCED REDRESS.— The term ‘‘en25 hanced redress’’ means the process by which the DeVerDate Sep 11 2014 00:23 Jul 13, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4681.IS S4681

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1 partment confirms whether a United States person, 

2 who has been denied boarding and has applied for 

3 redress, is on the No Fly List maintained by the 

4 Terrorist Screening Center. 

5 (7) HOMELAND SECURITY CONGRESSIONAL

6 COMMITTEES.—The term ‘‘homeland security con7 gressional committees’’ means— 

8 (A) the Committee on Homeland Security 

9 and Governmental Affairs of the Senate; and 

10 (B) the Committee on Homeland Security 

11 of the House of Representatives. 

12 (8) REDRESS.— The term ‘‘redress’’ means the 

13 process established by the Department to assist indi14 viduals to resolve travel-related issues, such as 

15 being— 

16 (A) denied or delayed airline boarding; 

17 (B) denied or delayed entry into or exit 

18 from the United States at a port of entry or 

19 border crossing; or 

20 (C) repeatedly referred to additional 

21 screening or inspection. 

22 (9) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Homeland Security. 


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1 SEC. 3. SCREENING AND WATCHLISTING ADVISORY COM2 MITTEE. 

3 (a) ESTABLISHMENT.—Not later than 60 days after 

4 the date of enactment of this Act, the Secretary shall es5 tablish a Screening and Watchlisting Advisory Committee. 

6 (b) MEMBERSHIP.— 

7 (1) COMPOSITION.—The Committee shall be 

8 composed of an odd number of members of not less 

9 than 15 and not more than 23 members appointed 

10 by the Secretary as follows: 

11 (A) 2 members shall be the Civil Rights 

12 and Civil Liberties Officer of the Department 

13 and a representative from a nonprofit organiza14 tion, academia, or civil society, who shall serve 

15 as Co-Chairs of the Committee. 

16 (B) Not less than 1 member shall be ap17 pointed from each of the following components 

18 of the Department: 

19 (i) The Transportation Security Ad20 ministration. 

21 (ii) U.S. Customs and Border Protec22 tion; 

23 (iii) The Privacy Office. 

24 (iv) The Office of Strategy, Policy, 

25 and Plans. 


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1 (v) The Office of Intelligence and 

2 Analysis. 

3 (vi) Any other relevant component 

4 germane to Department screening, inspec5 tions, and redress, as determined appro6 priate by the Secretary. 

7 (C) 3 members shall be the following agen8 cy heads or their representatives: 

9 (i) The Director of the Federal Bu10 reau of Investigation. 

11 (ii) The Director of the Terrorist 

12 Screening Center. 

13 (iii) The Director of the National 

14 Counterterrorism Center. 

15 (D) Members of the nonprofit, academia, 

16 or civil society sectors representing the fol17 lowing: 

18 (i) Individuals of diverse backgrounds 

19 in race, ethnicity, religion, and gender. 

20 (ii) Individuals from various geo21 graphic regions within the United States. 

22 (iii) National organizations that rep23 resent diverse racial, ethnic, and religious 

24 communities. 


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1 (iv) Individuals with expertise in law, 

2 transparency, technology, privacy, civil 

3 rights, and civil liberties. 

4 (E) Any other individuals as the Secretary 

5 determines appropriate. 

6 (2) NONGOVERNMENT MEMBERS.—There shall 

7 be not less than 1 more member of the Committee 

8 appointed under paragraph (1)(D) than the total 

9 number of members appointed under subparagraphs 

10 (A), (B), (C), and (E) of paragraph (1). 

11 (3) DATE.—The appointments of members of 

12 the Committee shall be made not later than 120 

13 days after the date of enactment of this Act. 

14 (4) VOLUNTARY SERVICE.—The members of the 

15 Committee shall serve on the Committee on a vol16 untary basis. 

17 (5) PUBLICATION OF LIST OF MEMBERS.—The 

18 Committee shall publish an updated list of members 

19 of the Committee on a publicly available website be20 fore each meeting of the Committee. 

21 (c) PERIOD OF APPOINTMENT; VACANCIES.— 

22 (1) TERM.—The term of a member of the Com23 mittee shall be 3 years, except that a member may 

24 continue to serve until a successor is appointed. 


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1 (2) VACANCIES.—A vacancy in the Com2 mittee— 

3 (A) shall not affect the powers of the Com4 mittee; and 

5 (B) shall be filled in the same manner as 

6 the original appointment. 

7 (3) REAPPOINTMENT.—A member of the Advi8 sory Committee may be reappointed for not more 

9 than 1 term. 

10 (d) MEETINGS.— 

11 (1) INITIAL MEETING.—Not later than 30 days 

12 after the date on which all members of the Com13 mittee have been appointed, the Committee shall 

14 hold the first meeting of the Committee. 

15 (2) FREQUENCY; MANNER.—The Committee— 

16 (A) shall meet— 

17 (i) not less frequently than quarterly; 

18 and 

19 (ii) at the call of the Co-Chairs of the 

20 Committee or the Secretary; and 

21 (B) may meet remotely. 

22 (e) DUTIES.— 

23 (1) IN GENERAL.—The Committee shall— 

24 (A) advise, consult with, and make rec25 ommendations to the Secretary, as appropriate, 


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1 on the development, refinement, implementa2 tion, and evaluation of policies, programs, and 

3 planning pertaining to covered processes of the 

4 Department, including— 

5 (i) all covered processes implemented 

6 by the Transportation Security Adminis7 tration; 

8 (ii) all covered processes implemented 

9 by U.S. Customs and Border Protection at 

10 ports of entry and their equivalents; 

11 (iii) trainings associated with these 

12 covered processes; 

13 (iv) the intelligence used to support 

14 these covered processes; 

15 (v) how data related to these covered 

16 processes is used, collected, retained, ana17 lyzed, and shared; 

18 (vi) internal Department oversight 

19 over these covered processes; 

20 (vii) metrics to assess the effectiveness 

21 of covered processes, including any metrics 

22 outlined in policy documents; 

23 (viii) redress processes related to 

24 these covered processes; and 


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1 (ix) any other matter related to cov2 ered processes as the Committee may de3 termine relevant; 

4 (B) disclose to the public and Congress in5 formation about the covered processes described 

6 in subparagraph (A), and the data and analyt7 ical system related to those processes, including 

8 materials explaining how those processes work 

9 and legal and policy analyses of the processes; 

10 (C) provide recommendations for the plan 

11 required under section 4(a), including— 

12 (i) all recommendations agreed upon 

13 by a simple majority of members of the 

14 Committee; and 

15 (ii) an identification of each of the 

16 members of the Committee that agreed on 

17 each recommendation; and 

18 (D) consider, when providing recommenda19 tions for the plan required under section 4(a)— 

20 (i) the use of external advocates who 

21 are granted security clearances and may 

22 access classified information to assist pas23 sengers; 

24 (ii) the establishment of a Federal of25 fice to serve as advocates for passengers; 


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1 (iii) the establishment of an inde2 pendent ombudsman office to assist pas3 sengers with the redress process; 

4 (iv) expanding the enhanced redress 

5 process to include United States persons 

6 who wish to contest their placement on the 

7 Selectee List, the Expanded Selectee List, 

8 or the consolidated terrorist watchlist; 

9 (v) how to provide United States per10 sons subject to the enhanced redress proc11 ess with a significant amount of informa12 tion about the placement of the person on 

13 the No Fly List and what a reasonable 

14 amount of time for this disclosure should 

15 be; 

16 (vi) whether it is advisable to create a 

17 system that would allow an individual to 

18 demonstrate that the individual does not 

19 pose a threat to aviation or border secu20 rity, and if advisable, the options for devel21 oping such a system; 

22 (vii) the extent to which an applicant 

23 for redress can be notified about placement 

24 on any other lists maintained by the De25 partment or other Federal agencies aside 


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1 from those described in clause (iv), and a 

2 summary of the basis for that placement; 

3 (viii) which policies, procedures, and 

4 guidelines related to covered processes and 

5 redress can be made available to the public 

6 and, for those policies, procedures, and 

7 guidelines that are required to be withheld 

8 in part or in full, how the Department and 

9 other Federal agencies can release sum10 maries of those policies, procedures, and 

11 guidelines to the public; 

12 (ix) notifying applicants for redress of 

13 whether any records have changed as a re14 sult of the application; and 

15 (x) the potential for redress for an ap16 plicant who opts in to receive an expedited 

17 or discounted review of an application for 

18 a trusted traveler program of the Depart19 ment. 

20 (2) CONSULTATION.— 

21 (A) IN GENERAL.—To ensure input and 

22 coordination from relevant components of the 

23 Department and the public, the Secretary shall 

24 regularly consult and work with the Committee 


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1 on the administration of Department covered 

2 processes and redress policies and procedures. 

3 (B) COMMITTEE CONSULTATION.—The 

4 Committee may consult with applicable Federal 

5 agencies other than the Department to ensure 

6 a holistic review of covered processes. 

7 (C) ACCESS TO MATERIALS.—The Com8 mittee shall have access to all materials nec9 essary to implement its responsibilities, includ10 ing all materials marked as for official use only, 

11 law enforcement sensitive, or sensitive security 

12 information. 

13 (3) REPORTS.— 

14 (A) PERIODIC REPORTS.—The Committee 

15 shall periodically submit to the Secretary re16 ports on screening, inspections, and redress 

17 matters identified by the Secretary and on mat18 ters of concern identified by a majority of the 

19 members of the Committee. 

20 (B) ANNUAL REPORT.— 

21 (i) IN GENERAL.—Not later than Sep22 tember 30 of each year, the Co-Chairs of 

23 the Committee shall submit to the home24 land security congressional committees and 

25 the Secretary a report on the activities of 


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1 the Committee for the preceding year, 

2 which shall include— 

3 (I) information from the periodic 

4 reports submitted under subparagraph 

5 (A) during the year covered by the re6 port; and 

7 (II) the activities of any sub8 committees established under sub9 section (f)(5). 

10 (ii) PUBLICATION.—Not more than 30 

11 days after the date on which the Secretary 

12 receives a report under clause (i), the Sec13 retary shall publish a public version of the 

14 report. 

15 (4) CONGRESSIONAL BRIEFING.—Not more 

16 than 10 days after the date on which the Co-Chairs 

17 of the Committee submit to the Secretary the report 

18 required under paragraph (3)(B)(i), the Co-Chairs 

19 of the Committee shall provide a briefing to the 

20 homeland security congressional committees on the 

21 work, recommendations, and dissenting opinions of 

22 the Committee and any actions taken as the result 

23 of the work, recommendations, and dissenting opin24 ions. 

25 (f) POWERS OF THE COMMITTEE.— 


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1 (1) HEARINGS.—The Committee may hold such 

2 hearings, sit and act at such times and places, take 

3 such testimony, and receive such evidence as the 

4 Committee considers advisable to carry out this Act. 

5 (2) INFORMATION FROM FEDERAL AGENCIES.— 

6 (A) IN GENERAL.—The Committee may 

7 secure directly from a Federal department or 

8 agency such information as the Committee con9 siders necessary to carry out this Act. 

10 (B) FURNISHING INFORMATION.—On re11 quest of the Co-Chairs of the Committee, the 

12 head of the department or agency shall furnish 

13 the information to the Committee. 

14 (3) POSTAL SERVICES.—The Committee may 

15 use the United States mail in the same manner and 

16 under the same conditions as other departments and 

17 agencies of the Federal Government. 

18 (4) GIFTS.—The Committee may accept, use, 

19 and dispose of gifts or donations of services or prop20 erty. 

21 (5) SUBCOMMITTEES.— 

22 (A) IN GENERAL.—The Co-Chairs of the 

23 Committee may establish subcommittees to ac24 complish the duties of the Committee. 

25 (B) INTELLIGENCE MATTERS.— 


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1 (i) IN GENERAL.—The Co-Chairs of 

2 the Committee shall establish a sub3 committee on intelligence matters related 

4 to covered processes. 

5 (ii) MEMBERSHIP.—The sub6 committee described in clause (i) shall in7 clude the Co-Chairs of the Committee and 

8 may include other members of the Com9 mittee who are not Federal employees. 

10 (iii) SECURITY CLEARANCES.—The 

11 Department shall expeditiously provide the 

12 Committee members and staff of the sub13 committee established under clause (i) with 

14 appropriate security clearances to the ex15 tent possible under existing procedures and 

16 requirements to perform oversight of intel17 ligence matters relating to covered proc18 esses. 

19 (C) OPEN MEETINGS.— To the greatest 

20 extent possible, all meetings of a subcommittee 

21 described in this paragraph shall be open to the 

22 public. 

23 (g) COMMITTEE PERSONNEL MATTERS.— 

24 (1) PROHIBITION ON COMPENSATION.—No non25 Federal member of the Committee may receive pay 


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1 or benefits from the United States Government by 

2 reason of service on the Committee. 

3 (2) TRAVEL EXPENSES.—All members of the 

4 Committee may be paid travel, per diem, and other 

5 necessary expenses while traveling away from such 

6 member’s home or regular place of business in the 

7 performance of the duties of the Committee. 

8 (h) TERMINATION.—The Committee shall terminate 

9 on December 31, 2030. 

10 SEC. 4. REVISING DEPARTMENT REDRESS PROCESSES. 

11 (a) PLAN TO IMPROVE REDRESS PROCESSES.— 

12 (1) IN GENERAL.—Not later than 2 years after 

13 the date of enactment of this Act, the Secretary 

14 shall submit to the homeland security congressional 

15 committees a plan, to be known as the ‘‘DHS Plan 

16 to Improve Redress’’, to improve and expand the im17 plementation by the Department of the appeal and 

18 redress process required under section 44926 of title 

19 49, United States Code. 

20 (2) ELEMENTS.—The plan required under 

21 paragraph (1) shall include— 

22 (A) the needs and intended outcomes of 

23 the redress process, including— 


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1 (i) protecting national security and 

2 upholding transparency, privacy, civil 

3 rights, and civil liberties principles; 

4 (ii) an implementation schedule with 

5 key milestones; and 

6 (iii) delegation of responsibilities; 

7 (B) improved processes to seek redress for 

8 individuals who believe they have been delayed, 

9 prohibited from boarding a commercial aircraft, 

10 denied or delayed entry into the United States, 

11 subjected to electronic device searches, or de12 nied Department credentials because they were 

13 wrongly identified as a risk under the regimes 

14 utilized by the Transportation Security Admin15 istration, U.S. Customs and Border Protection, 

16 or any other office or component of the Depart17 ment; 

18 (C) efforts to ensure the redress process is 

19 timely, fair, and provides for sufficient constitu20 tional protections and corrective actions to min21 imize misidentifications and wrongful place22 ments; 

23 (D) opportunities for the public to provide 

24 feedback before and after implementation of the 

25 plan; 


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1 (E) a description of concrete steps the De2 partment will take to strengthen the redress 

3 process and make the redress process more 

4 transparent and readily available for people of 

5 all backgrounds, including individuals who lack 

6 access to technology or familiarity with the 

7 Federal government; and 

8 (F) a list of policies, procedures, and 

9 guidelines related to redress and covered proc10 esses of the Department that the Department 

11 will make available to the public and, for those 

12 policies, procedures, and guidelines that must 

13 be withheld in part or in full, how the Depart14 ment and other Federal agencies can release 

15 summaries of those policies, procedures, and 

16 guidelines to the public. 

17 (3) CONSIDERATIONS.—The Secretary shall 

18 consider any recommendations made by the Com19 mittee under section 3(e)(1) when developing the 

20 plan required under paragraph (1) and provide an 

21 explanation for any rejected recommendations. 

22 (4) FORM.—The plan required under paragraph 

23 (1) shall be submitted in unclassified form, but may 

24 include a classified annex. 


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1 (5) PUBLIC AVAILABILITY.—Not later than 30 

2 days after the date on which the Secretary submits 

3 the plan required under paragraph (1), the Sec4 retary shall publish a public version of the plan. 

5 (6) BRIEFING.—Not later than 10 days after 

6 the Secretary publishes a public version of the plan 

7 under paragraph (5), the Secretary shall brief the 

8 homeland security congressional committees on the 

9 plan. 

10 (b) EXPANSION OF OFFICE OF APPEALS AND RE11 DRESS.—Section 44926(b)(1) of title 49, United States 

12 Code, is amended— 

13 (1) by striking ‘‘The Secretary shall’’ and in14 serting the following: 

15 ‘‘(A) IN GENERAL.—The Secretary shall’’; 

16 (2) by striking ‘‘The Office shall include rep17 resentatives’’ and inserting the following: 

18 ‘‘(B) COMPOSITION.—The Office shall in19 clude— 

20 ‘‘(i) representatives’’; 

21 (3) in subparagraph (B), as so designated— 

22 (A) in clause (i), by striking the period at 

23 the end and inserting a semicolon; and 

24 (B) by adding at the end the following: 


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1 ‘‘(ii) the Privacy Officer of the De2 partment; and 

3 ‘‘(iii) the Officer for Civil Rights and 

4 Civil Liberties of the Department.’’. 

5 (c) ANNUAL REPORT TO CONGRESS.— 

6 (1) IN GENERAL.— Not later than 180 days 

7 after the date of enactment of this Act, and annually 

8 thereafter until December 31, 2030, the Attorney 

9 General, in consultation with the Secretary, the Di10 rector of National Intelligence, the Secretary of 

11 State, and the Secretary of Defense, shall submit to 

12 appropriate congressional committees a report on 

13 the consolidated terrorist watchlist, which shall in14 clude— 

15 (A) the criteria and guidance used by Fed16 eral agencies for placing the name of an indi17 vidual on the consolidated terrorist watchlist, by 

18 category, including a summary of any changes 

19 made in the 1-year period preceding submission 

20 of the report; 

21 (B) the total number of identities on the 

22 consolidated terrorist watchlist, and the number 

23 of identities by each category, including the 

24 number of United States person identities in 

25 each category; 


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1 (C) the minimum standards for reliability 

2 and accuracy of identifying information; 

3 (D) the degree of information certainty, in4 cluding all audits conducted in the 1-year pe5 riod preceding submission of the report; 

6 (E) a list of policies and programs for 

7 which the consolidated terrorist watchlist is 

8 used and the range of applicable consequences 

9 that are to apply to an individual, including 

10 screening and inspection activities that may 

11 apply as a result; 

12 (F) the types of records contained within 

13 the consolidated terrorist watchlist; 

14 (G) the list of government and nongovern15 ment entities with whom the consolidated ter16 rorist watchlist information is shared, including 

17 foreign government entities, the way those enti18 ties use consolidated terrorist watchlist infor19 mation, and the categories from the consoli20 dated terrorist watchlist that those entities re21 ceive; and 

22 (H) the number of records added, removed, 

23 and changed in the consolidated terrorist 

24 watchlist, including, for each removal, the num25 ber of such records by reason for the removal, 


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1 in the 1-year period preceding submission of the 

2 report. 

3 (I) any additional information maintained 

4 by the Terrorist Screening Center. 

5 (2) FORM.—Each report required under para6 graph (1) shall be submitted in unclassified form, 

7 but may include a classified annex. 

8 (3) BRIEFING.—Not later than 10 days after 

9 the date on which the Attorney General submits the 

10 first report under paragraph (1), the Attorney Gen11 eral shall brief the appropriate congressional com12 mittees on the report. 

13 SEC. 5. REPORT ON EFFECTIVENESS OF ENHANCED 

14 SCREENING PROGRAMS. 

15 (a) DEFINITIONS.—In this section: 

16 (1) DHS TRIP.—The term ‘‘DHS TRIP’’ 

17 means the Traveler Redress Inquiry Program of the 

18 Department. 

19 (2) ENHANCED SCREENING.—The term ‘‘en20 hanced screening’’ means enhanced or additional 

21 screening by the Transportation Security Adminis22 tration of a passenger at an airport or secondary in23 spection by U.S. Customs and Border Protection of 

24 an individual at a port of entry or the equivalent. 


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1 (3) REPORTING PERIOD.—The term ‘‘reporting 

2 period’’, with respect to a report required by sub3 section (b), means the one-year period preceding 

4 submission of the report. 

5 (b) REPORT.—Not later than 1 year after the date 

6 of the enactment of this Act, and annually thereafter for 

7 the next 10 years, the Secretary shall submit to the Com8 mittee on Homeland Security and Governmental Affairs 

9 and the Committee on Commerce, Science, and Transpor10 tation of the Senate and the Committee on Homeland Se11 curity of the House of Representatives a report evaluating 

12 the effectiveness, during the reporting period, of the mech13 anisms of the Transportation Security Administration and 

14 U.S. Customs and Border Protection for performing en15 hanced screening of passengers at airports and individuals 

16 at ports of entry or the equivalent. 

17 (c) ELEMENTS.—Each report required by subsection 

18 (b) shall include, at a minimum, the following, for the re19 porting period: 

20 (1) The number of individuals who underwent 

21 at least 1 enhanced screening, the number of en22 hanced screenings conducted, and the number of en23 hanced screenings disaggregated by the following 

24 reasons for screening, as appropriate: 


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1 (A) The individual being on the Selectee 

2 List. 

3 (B) The individual being on the Expanded 

4 Selectee List. 

5 (C) A rules-based screening, disaggregated 

6 by whether the screening was conducted under 

7 the Silent Partner or Quiet Skies program of 

8 the Transportation Security Administration or 

9 pursuant to a rule of U.S. Customs and Border 

10 Protection. 

11 (D) Identification of the individual by the 

12 Transportation Security Administration under 

13 section 114(h)(2) of title 49, United States 

14 Code. 

15 (E) Agricultural inspection. 

16 (F) Customs inspection. 

17 (G) At the discretion of an employee of 

18 U.S. Customs and Border Protection or Trans19 portation Security Administration, including by 

20 a member of a Tactical Terrorism Response 

21 Team. 

22 (H) Random selection, disaggregated by 

23 whether enhanced screening was conducted— 


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1 (i) under the Secure Flight program 

2 of the Transportation Security Administra3 tion; or 

4 (ii) at a port of entry or at an airport 

5 security checkpoint, including for partici6 pants in trusted traveler programs or the 

7 Registered Traveler program. 

8 (I) In response to a flag from another Fed9 eral agency, disaggregated by which agency and 

10 what that flag was for, including because the 

11 individual is on the Do Not Board List or the 

12 Public Health Lookout List of the Centers for 

13 Disease Control and Prevention. 

14 (J) Air carrier designation. 

15 (K) Other reasons, including information 

16 with respect to such other reasons. 

17 (2) The enhanced screenings described in para18 graph (1) that resulted in— 

19 (A) the discovery of a violation of the law, 

20 disaggregated by violation; 

21 (B) the revocation of a visa; 

22 (C) the placement of an individual in de23 tention; 

24 (D) the addition of an individual to the 

25 Terrorist Screening Database; 


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1 (E) the levying of a fine or penalty; or 

2 (F) no consequences. 

3 (3) Whether there were individuals who under4 went more than 1 enhanced screening, including— 

5 (A) how many individuals underwent more 

6 than 1 enhanced screening; 

7 (B) how often those individuals received 

8 enhanced screenings; 

9 (C) whether there were common reasons 

10 for the multiple enhanced screenings; 

11 (D) whether individuals who received en12 hanced screenings received those screenings be13 cause of a rules-based screening program 

14 matched to more than 1 rule and, if so, how 

15 many rules they matched to; 

16 (E) whether there were any common 

17 trends or characteristics to the individuals who 

18 underwent more than 1 enhanced screening 

19 that the Department was able to identify, in20 cluding nationality, gender, or another relevant 

21 characteristic; 

22 (F) whether there were individuals who 

23 were previously removed from the Terrorist 

24 Screening Database who after that removal re25 ceived an enhanced screening that was not reVerDate Sep 11 2014 00:23 Jul 13, 2024 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S4681.IS S4681

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1 lated to the previous placement in the Data2 base; and 

3 (G) whether the individuals who underwent 

4 more than 1 enhanced screening, by either the 

5 Transportation Security Administration or U.S. 

6 Customs and Border Protection, had also un7 dergone more than 1 enhanced screening in the 

8 previous 2 years. 

9 (4) With respect to searches of electronic de10 vices arising from enhanced screenings, the fol11 lowing: 

12 (A) The number of electronic devices 

13 searched, disaggregated by agency and airport 

14 or port of entry and basic or advanced search, 

15 and the names of third-party tools used to con16 duct the search. 

17 (B) The number of requests for technical 

18 assistance to search an electronic device or for 

19 assistance to conduct analysis of the findings of 

20 a search of a device, disaggregated by request21 ing agency, airport or port of entry, and assist22 ing agency, and including the number of re23 quests granted and a description of the result 

24 of each request. 


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1 (C) The total number of individuals whose 

2 electronic devices were searched during the re3 porting period. 

4 (D) The number of those individuals who 

5 were, at the time of the search, included on the 

6 No Fly List, the Selectee List, the Terrorist 

7 Screening Database, or other subsidiary lists 

8 shared with the Department, disaggregated by 

9 list. 

10 (E) The number of individuals who, as a 

11 result of the search in part or wholly, were 

12 newly added to a list described in subparagraph 

13 (D). 

14 (5) With respect to each rules-based screening 

15 program, the following: 

16 (A) A description of each rule that was in 

17 effect at any point during the reporting period. 

18 (B) A statement of the following: 

19 (i) The total number of rules and the 

20 number of rules added, changed, main21 tained, or archived. 

22 (ii) For the number of rules added or 

23 changed, a statement of— 


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1 (I) the number added or changed 

2 through standard rule review proce3 dures; and 

4 (II) the number added or 

5 changed through procedures designed 

6 for exigent circumstances. 

7 (iii) The total number of rules that 

8 rely in part or wholly on race, ethnicity, 

9 nationality, sex, age, or religion, a break10 down of the rules by each trait, and a de11 scription of how each rule uses that trait. 

12 (6) With respect to DHS TRIP, a statement of 

13 the following: 

14 (A) The number of applications to DHS 

15 TRIP. 

16 (B) With respect to the No Fly List, the 

17 Selectee List, the Terrorist Screening Database, 

18 or other subsidiary lists shared with the De19 partment, the following: 

20 (i) The number of applicants that 

21 DHS TRIP determined were properly in22 cluded on one of those lists, disaggregated 

23 by list. 

24 (ii) The number of applicants that 

25 DHS TRIP determined were incorrectly 


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•S 4681 IS

1 included on one of those lists, 

2 disaggregated by list. 

3 (iii) The number of applicants that 

4 DHS TRIP determined had no nexus to 

5 one of those lists. 

6 (iv) The number of applicants that 

7 DHS TRIP determined were mistakenly 

8 identified as an individual on one of those 

9 lists, disaggregated by list. 

10 (C) The number of applicants that DHS 

11 TRIP determined were included as random se12 lectees for enhanced screening under the Secure 

13 Flight program. 

14 (D) The number of applicants for DHS 

15 TRIP who encountered travel incidents that fall 

16 into categories not described in any of subpara17 graphs (A) through (C), disaggregated by cat18 egory. 

19 (E) The number of applications to DHS 

20 TRIP that stated that an agency or officer re21 lied upon race, ethnicity, nationality, sex, age, 

22 or religion to make any decision. 

23 (7) Any other information the Secretary con24 siders relevant to evaluating the effectiveness of the 

25 enhanced screening selection procedures of the 


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1 Transportation Security Administration and U.S. 

2 Customs and Border Protection. 

3 (d) ANALYSIS OF CIVIL RIGHTS AND CIVIL LIB4 ERTIES IMPACT.—Each report required by subsection (b) 

5 shall include an analysis of any impacts on civil rights or 

6 civil liberties of enhanced screening based on the data in7 cluded in the report. 

8 (e) DATA COLLECTION.—The data to be included in 

9 each report required by subsection (b) shall— 

10 (1) be provided by the Transportation Security 

11 Administration and U.S. Customs and Border Pro12 tection to the Office of Homeland Security Statis13 tics; and 

14 (2) be collected and analyzed— 

15 (A) by the Office of Homeland Security 

16 Statistics, in coordination with the Transpor17 tation Security Administration, U.S. Customs 

18 and Border Protection, and other relevant 

19 agencies; and 

20 (B) in a manner that— 

21 (i) is consistent with the Constitution 

22 of the United States; 

23 (ii) complies with all applicable laws 

24 and policies, including laws and policies 


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1 protecting privacy, civil rights, and civil 

2 liberties. 

3 (f) LIMITATIONS ON USE OF DATA.—Data that is ag4 gregated for purposes of a report required by subsection 

5 (b)— 

6 (1) may be used only for purposes of preparing 

7 the report, analyzing trends, making recommenda8 tions for improving the efficiency and effectiveness 

9 of enhanced screening at airports and ports of entry, 

10 or auditing enhanced screening programs; and 

11 (2) may not be used for purposes of tracking, 

12 vetting, or screening individuals. 

13 (g) FORM OF REPORT.—Each report required by 

14 subsection (b) shall be submitted in unclassified form, but 

15 may include a classified appendix. 

Æ 


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