II 

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. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•S 4681 RS

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

3 SECTION 1. SHORT TITLE. 

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

5 and Accountability in Screening Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means— 

11 (A) the Committee on Homeland Security 

12 and Governmental Affairs of the Senate; 

13 (B) the Committee on the Judiciary of the 

14 Senate; 

15 (C) the Committee on Armed Services of 

16 the Senate; 

17 (D) the Select Committee on Intelligence 

18 of the Senate; 

19 (E) the Committee on Foreign Relations of 

20 the Senate; 

21 (F) the Committee on Homeland Security 

22 of the House of Representatives; 

23 (G) the Committee on Oversight and Ac24 countability of the House of Representatives; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•S 4681 RS

1 (H) the Committee on the Judiciary of the 

2 House of Representatives; 

3 (I) the Committee on Armed Services of 

4 the House of Representatives; 

5 (J) the Permanent Select Committee on 

6 Intelligence of the House of Representatives; 

7 and 

8 (K) the Committee on Foreign Affairs of 

9 the House of Representatives. 

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

11 means the Screening and Watchlisting Advisory 

12 Committee established under section 3(a). 

13 (3) CONSOLIDATED TERRORIST WATCHLIST.— 

14 The term ‘‘consolidated terrorist watchlist’’ means 

15 any database or watchlist maintained by the Ter16 rorist Screening Center for the purpose of moni17 toring individuals suspected of engaging in terrorist 

18 activity, including the terrorist screening database 

19 and any successor database. 

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

21 processes’’ means the practices, policies, and pro22 grams used to conduct primary, secondary, en23 hanced, and additional screenings, vettings, inspec24 tions, and other processes related to watchlists main25 tained by any Federal agency. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•S 4681 RS

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

2 means the Department of Homeland Security. 

3 (6) ENHANCED REDRESS.— The term ‘‘en4 hanced redress’’ means the process by which the De5 partment confirms whether a United States person, 

6 who has been denied boarding and has applied for 

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

8 Terrorist Screening Center. 

9 (7) HOMELAND SECURITY CONGRESSIONAL

10 COMMITTEES.—The term ‘‘homeland security con11 gressional committees’’ means— 

12 (A) the Committee on Homeland Security 

13 and Governmental Affairs of the Senate; and 

14 (B) the Committee on Homeland Security 

15 of the House of Representatives. 

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

17 process established by the Department to assist indi18 viduals to resolve travel-related issues, such as 

19 being— 

20 (A) denied or delayed airline boarding; 

21 (B) denied or delayed entry into or exit 

22 from the United States at a port of entry or 

23 border crossing; or 

24 (C) repeatedly referred to additional 

25 screening or inspection. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•S 4681 RS

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

2 the Secretary of Homeland Security. 

3 SEC. 3. SCREENING AND WATCHLISTING ADVISORY COM4 MITTEE. 

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

6 the date of enactment of this Act, the Secretary shall es7 tablish a Screening and Watchlisting Advisory Committee. 

8 (b) MEMBERSHIP.— 

9 (1) COMPOSITION.—The Committee shall be 

10 composed of an odd number of members of not less 

11 than 15 and not more than 23 members appointed 

12 by the Secretary as follows: 

13 (A) 2 members shall be the Civil Rights 

14 and Civil Liberties Officer of the Department 

15 and a representative from a nonprofit organiza16 tion, academia, or civil society, who shall serve 

17 as Co-Chairs of the Committee. 

18 (B) Not less than 1 member shall be ap19 pointed from each of the following components 

20 of the Department: 

21 (i) The Transportation Security Ad22 ministration. 

23 (ii) U.S. Customs and Border Protec24 tion; 

25 (iii) The Privacy Office. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•S 4681 RS

1 (iv) The Office of Strategy, Policy, 

2 and Plans. 

3 (v) The Office of Intelligence and 

4 Analysis. 

5 (vi) Any other relevant component 

6 germane to Department screening, inspec7 tions, and redress, as determined appro8 priate by the Secretary. 

9 (C) 3 members shall be the following agen10 cy heads or their representatives: 

11 (i) The Director of the Federal Bu12 reau of Investigation. 

13 (ii) The Director of the Terrorist 

14 Screening Center. 

15 (iii) The Director of the National 

16 Counterterrorism Center. 

17 (D) Members of the nonprofit, academia, 

18 or civil society sectors representing the fol19 lowing: 

20 (i) Individuals of diverse backgrounds 

21 in race, ethnicity, religion, and gender. 

22 (ii) Individuals from various geo23 graphic regions within the United States. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•S 4681 RS

1 (iii) National organizations that rep2 resent diverse racial, ethnic, and religious 

3 communities. 

4 (iv) Individuals with expertise in law, 

5 transparency, technology, privacy, civil 

6 rights, and civil liberties. 

7 (E) Any other individuals as the Secretary 

8 determines appropriate. 

9 (2) NONGOVERNMENT MEMBERS.—There shall 

10 be not less than 1 more member of the Committee 

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

12 number of members appointed under subparagraphs 

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

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

15 the Committee shall be made not later than 120 

16 days after the date of enactment of this Act. 

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

18 Committee shall serve on the Committee on a vol19 untary basis. 

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

21 Committee shall publish an updated list of members 

22 of the Committee on a publicly available website be23 fore each meeting of the Committee. 

24 (c) PERIOD OF APPOINTMENT; VACANCIES.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•S 4681 RS

1 (1) TERM.—The term of a member of the Com2 mittee shall be 3 years, except that a member may 

3 continue to serve until a successor is appointed. 

4 (2) VACANCIES.—A vacancy in the Com5 mittee— 

6 (A) shall not affect the powers of the Com7 mittee; and 

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

9 the original appointment. 

10 (3) REAPPOINTMENT.—A member of the Advi11 sory Committee may be reappointed for not more 

12 than 1 term. 

13 (d) MEETINGS.— 

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

15 after the date on which all members of the Com16 mittee have been appointed, the Committee shall 

17 hold the first meeting of the Committee. 

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

19 (A) shall meet— 

20 (i) not less frequently than quarterly; 

21 and 

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

23 Committee or the Secretary; and 

24 (B) may meet remotely. 

25 (e) DUTIES.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•S 4681 RS

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

2 (A) advise, consult with, and make rec3 ommendations to the Secretary, as appropriate, 

4 on the development, refinement, implementa5 tion, and evaluation of policies, programs, and 

6 planning pertaining to covered processes of the 

7 Department, including— 

8 (i) all covered processes implemented 

9 by the Transportation Security Adminis10 tration; 

11 (ii) all covered processes implemented 

12 by U.S. Customs and Border Protection at 

13 ports of entry and their equivalents; 

14 (iii) trainings associated with these 

15 covered processes; 

16 (iv) the intelligence used to support 

17 these covered processes; 

18 (v) how data related to these covered 

19 processes is used, collected, retained, ana20 lyzed, and shared; 

21 (vi) internal Department oversight 

22 over these covered processes; 

23 (vii) metrics to assess the effectiveness 

24 of covered processes, including any metrics 

25 outlined in policy documents; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•S 4681 RS

1 (viii) redress processes related to 

2 these covered processes; and 

3 (ix) any other matter related to cov4 ered processes as the Committee may de5 termine relevant; 

6 (B) disclose to the public and Congress in7 formation about the covered processes described 

8 in subparagraph (A), and the data and analyt9 ical system related to those processes, including 

10 materials explaining how those processes work 

11 and legal and policy analyses of the processes; 

12 (C) provide recommendations for the plan 

13 required under section 4(a), including— 

14 (i) all recommendations agreed upon 

15 by a simple majority of members of the 

16 Committee; and 

17 (ii) an identification of each of the 

18 members of the Committee that agreed on 

19 each recommendation; and 

20 (D) consider, when providing recommenda21 tions for the plan required under section 4(a)— 

22 (i) the use of external advocates who 

23 are granted security clearances and may 

24 access classified information to assist pas25 sengers; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•S 4681 RS

1 (ii) the establishment of a Federal of2 fice to serve as advocates for passengers; 

3 (iii) the establishment of an inde4 pendent ombudsman office to assist pas5 sengers with the redress process; 

6 (iv) expanding the enhanced redress 

7 process to include United States persons 

8 who wish to contest their placement on the 

9 Selectee List, the Expanded Selectee List, 

10 or the consolidated terrorist watchlist; 

11 (v) how to provide United States per12 sons subject to the enhanced redress proc13 ess with a significant amount of informa14 tion about the placement of the person on 

15 the No Fly List and what a reasonable 

16 amount of time for this disclosure should 

17 be; 

18 (vi) whether it is advisable to create a 

19 system that would allow an individual to 

20 demonstrate that the individual does not 

21 pose a threat to aviation or border secu22 rity, and if advisable, the options for devel23 oping such a system; 

24 (vii) the extent to which an applicant 

25 for redress can be notified about placement 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
12 

•S 4681 RS

1 on any other lists maintained by the De2 partment or other Federal agencies aside 

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

4 summary of the basis for that placement; 

5 (viii) which policies, procedures, and 

6 guidelines related to covered processes and 

7 redress can be made available to the public 

8 and, for those policies, procedures, and 

9 guidelines that are required to be withheld 

10 in part or in full, how the Department and 

11 other Federal agencies can release sum12 maries of those policies, procedures, and 

13 guidelines to the public; 

14 (ix) notifying applicants for redress of 

15 whether any records have changed as a re16 sult of the application; and 

17 (x) the potential for redress for an ap18 plicant who opts in to receive an expedited 

19 or discounted review of an application for 

20 a trusted traveler program of the Depart21 ment. 

22 (2) CONSULTATION.— 

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

24 coordination from relevant components of the 

25 Department and the public, the Secretary shall 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
13 

•S 4681 RS

1 regularly consult and work with the Committee 

2 on the administration of Department covered 

3 processes and redress policies and procedures. 

4 (B) COMMITTEE CONSULTATION.—The 

5 Committee may consult with applicable Federal 

6 agencies other than the Department to ensure 

7 a holistic review of covered processes. 

8 (C) ACCESS TO MATERIALS.—The Com9 mittee shall have access to all materials nec10 essary to implement its responsibilities, includ11 ing all materials marked as for official use only, 

12 law enforcement sensitive, or sensitive security 

13 information. 

14 (3) REPORTS.— 

15 (A) PERIODIC REPORTS.—The Committee 

16 shall periodically submit to the Secretary re17 ports on screening, inspections, and redress 

18 matters identified by the Secretary and on mat19 ters of concern identified by a majority of the 

20 members of the Committee. 

21 (B) ANNUAL REPORT.— 

22 (i) IN GENERAL.—Not later than Sep23 tember 30 of each year, the Co-Chairs of 

24 the Committee shall submit to the home25 land security congressional committees and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
14 

•S 4681 RS

1 the Secretary a report on the activities of 

2 the Committee for the preceding year, 

3 which shall include— 

4 (I) information from the periodic 

5 reports submitted under subparagraph 

6 (A) during the year covered by the re7 port; and 

8 (II) the activities of any sub9 committees established under sub10 section (f)(5). 

11 (ii) PUBLICATION.—Not more than 30 

12 days after the date on which the Secretary 

13 receives a report under clause (i), the Sec14 retary shall publish a public version of the 

15 report. 

16 (4) CONGRESSIONAL BRIEFING.—Not more 

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

18 of the Committee submit to the Secretary the report 

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

20 of the Committee shall provide a briefing to the 

21 homeland security congressional committees on the 

22 work, recommendations, and dissenting opinions of 

23 the Committee and any actions taken as the result 

24 of the work, recommendations, and dissenting opin25 ions. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
15 

•S 4681 RS

1 (f) POWERS OF THE COMMITTEE.— 

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

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

4 such testimony, and receive such evidence as the 

5 Committee considers advisable to carry out this Act. 

6 (2) INFORMATION FROM FEDERAL AGENCIES.— 

7 (A) IN GENERAL.—The Committee may 

8 secure directly from a Federal department or 

9 agency such information as the Committee con10 siders necessary to carry out this Act. 

11 (B) FURNISHING INFORMATION.—On re12 quest of the Co-Chairs of the Committee, the 

13 head of the department or agency shall furnish 

14 the information to the Committee. 

15 (3) POSTAL SERVICES.—The Committee may 

16 use the United States mail in the same manner and 

17 under the same conditions as other departments and 

18 agencies of the Federal Government. 

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

20 and dispose of gifts or donations of services or prop21 erty. 

22 (5) SUBCOMMITTEES.— 

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

24 Committee may establish subcommittees to ac25 complish the duties of the Committee. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
16 

•S 4681 RS

1 (B) INTELLIGENCE MATTERS.— 

2 (i) IN GENERAL.—The Co-Chairs of 

3 the Committee shall establish a sub4 committee on intelligence matters related 

5 to covered processes. 

6 (ii) MEMBERSHIP.—The sub7 committee described in clause (i) shall in8 clude the Co-Chairs of the Committee and 

9 may include other members of the Com10 mittee who are not Federal employees. 

11 (iii) SECURITY CLEARANCES.—The 

12 Department shall expeditiously provide the 

13 Committee members and staff of the sub14 committee established under clause (i) with 

15 appropriate security clearances to the ex16 tent possible under existing procedures and 

17 requirements to perform oversight of intel18 ligence matters relating to covered proc19 esses. 

20 (C) OPEN MEETINGS.— To the greatest 

21 extent possible, all meetings of a subcommittee 

22 described in this paragraph shall be open to the 

23 public. 

24 (g) COMMITTEE PERSONNEL MATTERS.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
17 

•S 4681 RS

1 (1) PROHIBITION ON COMPENSATION.—No non2 Federal member of the Committee may receive pay 

3 or benefits from the United States Government by 

4 reason of service on the Committee. 

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

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

7 necessary expenses while traveling away from such 

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

9 performance of the duties of the Committee. 

10 (h) TERMINATION.—The Committee shall terminate 

11 on December 31, 2030. 

12 SEC. 4. REVISING DEPARTMENT REDRESS PROCESSES. 

13 (a) PLAN TO IMPROVE REDRESS PROCESSES.— 

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

15 the date of enactment of this Act, the Secretary 

16 shall submit to the homeland security congressional 

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

18 to Improve Redress’’, to improve and expand the im19 plementation by the Department of the appeal and 

20 redress process required under section 44926 of title 

21 49, United States Code. 

22 (2) ELEMENTS.—The plan required under 

23 paragraph (1) shall include— 

24 (A) the needs and intended outcomes of 

25 the redress process, including— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
18 

•S 4681 RS

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; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
19 

•S 4681 RS

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. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
20 

•S 4681 RS

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: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
21 

•S 4681 RS

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; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
22 

•S 4681 RS

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, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
23 

•S 4681 RS

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. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
24 

•S 4681 RS

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: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
25 

•S 4681 RS

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— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
26 

•S 4681 RS

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; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
27 

•S 4681 RS

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 22:44 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6401 E:\BILLS\S4681.RS S4681

kjohnson on DSK7ZCZBW3PROD with $$_JOB
28 

•S 4681 RS

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. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
29 

•S 4681 RS

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— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
30 

•S 4681 RS

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 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
31 

•S 4681 RS

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 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
32 

•S 4681 RS

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 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
33 

•S 4681 RS

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. 

16 SECTION 1. SHORT TITLE. 

17 This Act may be cited as the ‘‘Enhanced Oversight and 

18 Accountability in Screening Act’’. 

19 SEC. 2. DEFINITIONS. 

20 In this Act: 

21 (1) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—The term ‘‘appropriate congressional commit23 tees’’ means— 

24 (A) the Committee on Homeland Security 

25 and Governmental Affairs of the Senate; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
34 

•S 4681 RS

1 (B) the Committee on the Judiciary of the 

2 Senate; 

3 (C) the Committee on Armed Services of the 

4 Senate; 

5 (D) the Select Committee on Intelligence of 

6 the Senate; 

7 (E) the Committee on Foreign Relations of 

8 the Senate; 

9 (F) the Committee on Homeland Security of 

10 the House of Representatives; 

11 (G) the Committee on Oversight and Ac12 countability of the House of Representatives; 

13 (H) the Committee on the Judiciary of the 

14 House of Representatives; 

15 (I) the Committee on Armed Services of the 

16 House of Representatives; 

17 (J) the Permanent Select Committee on In18 telligence of the House of Representatives; and 

19 (K) the Committee on Foreign Affairs of the 

20 House of Representatives. 

21 (2) COMMITTEE.—The term ‘‘Committee’’ means 

22 the Screening and Watchlisting Advisory Committee 

23 established under section 3(a). 

24 (3) CONSOLIDATED TERRORIST WATCHLIST.— 

25 The term ‘‘consolidated terrorist watchlist’’ has the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
35 

•S 4681 RS

1 meaning given the term ‘‘terrorist screening database’’ 

2 in section 2101 of the Homeland Security Act of 2002 

3 (6 U.S.C. 621). 

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

5 processes’’ means the practices, policies, and programs 

6 used to conduct primary, secondary, enhanced, and 

7 additional screenings, vettings, inspections, and other 

8 processes at airports and other ports of entry, includ9 ing those related to watchlists maintained by the Ter10 rorist Screening Center, the Department, or a compo11 nent of the Department. 

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

13 means the Department of Homeland Security. 

14 (6) ENHANCED REDRESS.—The term ‘‘enhanced 

15 redress’’ means the process by which the Department 

16 confirms whether a United States person, who has 

17 been denied boarding and has applied for redress, is 

18 on the No Fly List maintained by the Terrorist 

19 Screening Center. 

20 (7) FOREIGN PERSON.—The term ‘‘foreign per21 son’’ means an individual that is not a United States 

22 person. 

23 (8) HOMELAND SECURITY CONGRESSIONAL COM24 MITTEES.—The term ‘‘homeland security congres25 sional committees’’ means— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
36 

•S 4681 RS

1 (A) the Committee on Homeland Security 

2 and Governmental Affairs of the Senate; and 

3 (B) the Committee on Homeland Security of 

4 the House of Representatives. 

5 (9) REDRESS.— The term ‘‘redress’’ means the 

6 process established by the Department to resolve re7 quests by individuals to address issues relating to 

8 travel, such as being— 

9 (A) denied airline boarding or delayed in 

10 boarding an aircraft; 

11 (B) denied entry into or exit from or de12 layed in entering into or exiting from the United 

13 States at a port of entry or border crossing; or 

14 (C) repeatedly referred to additional screen15 ing or inspection. 

16 (10) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Homeland Security. 

18 (11) UNITED STATES PERSON.—The term 

19 ‘‘United States person’’ means a United States citizen 

20 or an alien lawfully admitted for permanent resi21 dence to the United States. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
37 

•S 4681 RS

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

3 (a) ESTABLISHMENT.—Not later than 120 days after 

4 the date of enactment of this Act, the Secretary shall estab5 lish a Screening and Watchlisting Advisory Committee. 

6 (b) MEMBERSHIP.— 

7 (1) COMPOSITION.—The Committee shall be com8 posed of an odd number of members of not less than 

9 15 and not more than 25 members appointed by the 

10 Secretary as follows: 

11 (A) 2 members shall be the Civil Rights and 

12 Civil Liberties Officer of the Department and a 

13 representative from a nonprofit organization, 

14 academia, or civil society, who shall serve as Co15 Chairs of the Committee. 

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

18 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, and 

25 Plans. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
38 

•S 4681 RS

1 (v) The Office of Intelligence and Anal2 ysis. 

3 (vi) Any other relevant component ger4 mane to Department screening, inspections, 

5 and redress, as determined appropriate by 

6 the Secretary. 

7 (C) 5 members shall be the following agency 

8 heads or their representatives: 

9 (i) The Director of the Federal Bureau 

10 of Investigation. 

11 (ii) The Director of the Terrorist 

12 Screening Center. 

13 (iii) The Director of the National 

14 Counterterrorism Center. 

15 (iv) The Secretary of State. 

16 (v) The Chair of the Privacy and Civil 

17 Liberties Oversight Board established under 

18 section 1061 of the Intelligence Reform and 

19 Terrorism Prevention Act of 2004 (42 

20 U.S.C. 2000ee). 

21 (D) Members of the nonprofit, academic, or 

22 civil society sectors representing the following: 

23 (i) Individuals who represent commu24 nities of diverse backgrounds in race, eth25 nicity, religion, and gender. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
39 

•S 4681 RS

1 (ii) Individuals who represent commu2 nities from various geographic regions with3 in the United States. 

4 (iii) National organizations that rep5 resent diverse racial, ethnic, and religious 

6 communities. 

7 (iv) Individuals with expertise in law, 

8 transparency, technology, privacy, civil 

9 rights, and civil liberties. 

10 (E) Any other individuals as the Secretary 

11 determines appropriate. 

12 (2) NONGOVERNMENT MEMBERS.—There shall be 

13 not less than 1 more member of the Committee ap14 pointed under paragraph (1)(D) than the total num15 ber of members appointed under subparagraphs (A), 

16 (B), (C), and (E) of paragraph (1). 

17 (3) DATE.—The appointments of members of the 

18 Committee shall be made not later than 120 days 

19 after the date of enactment of this Act. 

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

21 Committee shall serve on the Committee on a vol22 untary basis. 

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

24 Committee shall publish an updated list of members 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
40 

•S 4681 RS

1 of the Committee on a publicly available website be2 fore each meeting of the Committee. 

3 (c) PERIOD OF APPOINTMENT; VACANCIES.— 

4 (1) TERM.—The term of a member of the Com5 mittee shall be 3 years, except that a member may 

6 continue to serve until a successor is appointed. 

7 (2) VACANCIES.—A vacancy in the Committee— 

8 (A) shall not affect the powers of the Com9 mittee; and 

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

11 the original appointment. 

12 (3) REAPPOINTMENT.—A member of the Advi13 sory Committee may be reappointed for not more 

14 than 1 term. 

15 (d) MEETINGS.— 

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

17 after the date on which all members of the Committee 

18 have been appointed, the Committee shall hold the 

19 first meeting of the Committee. 

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

21 (A) shall meet— 

22 (i) not less frequently than quarterly; 

23 and 

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

25 Committee or the Secretary; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
41 

•S 4681 RS

1 (B) may meet remotely. 

2 (e) DUTIES.— 

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

4 (A) advise, consult with, and make rec5 ommendations to the Secretary, as appropriate, 

6 on the development, refinement, implementation, 

7 and evaluation of policies, programs, and plan8 ning pertaining to covered processes of the De9 partment, including— 

10 (i) all covered processes implemented 

11 by the Transportation Security Administra12 tion; 

13 (ii) all covered processes implemented 

14 by U.S. Customs and Border Protection at 

15 ports of entry and their equivalents; 

16 (iii) trainings associated with these 

17 covered processes; 

18 (iv) the intelligence used to support 

19 these covered processes; 

20 (v) how data related to these covered 

21 processes is used, collected, retained, ana22 lyzed, and shared; 

23 (vi) internal Department oversight 

24 over these covered processes; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
42 

•S 4681 RS

1 (vii) metrics to assess the effectiveness 

2 of covered processes, including any metrics 

3 outlined in policy documents; 

4 (viii) redress processes related to these 

5 covered processes; and 

6 (ix) any other matter related to covered 

7 processes as the Committee may determine 

8 relevant; 

9 (B) as appropriate, disclose to the public 

10 and Congress information about the covered 

11 processes described in subparagraph (A), and the 

12 data and analytical system related to those proc13 esses, including materials explaining how those 

14 processes work and legal and policy analyses of 

15 the processes; 

16 (C) provide recommendations for the plan 

17 required under section 4(a), including— 

18 (i) all recommendations agreed upon 

19 by a simple majority of members of the 

20 Committee; and 

21 (ii) an identification of each of the 

22 members of the Committee that agreed on 

23 each recommendation; and 

24 (D) consider, when providing recommenda25 tions for the plan required under section 4(a)— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
43 

•S 4681 RS

1 (i) the use of external advocates who 

2 are granted security clearances and may ac3 cess classified information to assist pas4 sengers; 

5 (ii) the establishment of a Federal of6 fice to serve as advocates for passengers or 

7 the designation of an existing Federal office 

8 to serve that purpose; 

9 (iii) the establishment of an inde10 pendent ombudsman office to assist pas11 sengers with the redress process; 

12 (iv) expanding the enhanced redress 

13 process to include United States persons 

14 who wish to contest their placement on the 

15 Selectee List, the Expanded Selectee List, or 

16 the consolidated terrorist watchlist; 

17 (v) how to provide United States per18 sons subject to the enhanced redress process 

19 with a significant amount of information 

20 about the placement of the person on the No 

21 Fly List and what a reasonable amount of 

22 time for this disclosure should be; 

23 (vi) whether it is advisable to create a 

24 system that would allow an individual to 

25 demonstrate that the individual does not 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
44 

•S 4681 RS

1 pose a threat to aviation or border security, 

2 and if advisable, the options for developing 

3 such a system; 

4 (vii) the extent to which an applicant 

5 for redress can be notified about placement 

6 on any other lists maintained by the De7 partment or other Federal agencies aside 

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

9 summary of the basis for that placement; 

10 (viii) which policies, procedures, and 

11 guidelines related to covered processes and 

12 redress can be made available to the public 

13 and, for those policies, procedures, and 

14 guidelines that are required to be withheld 

15 in part or in full, how the Department and 

16 other Federal agencies can release meaning17 ful information about those policies, proce18 dures, and guidelines to the public; 

19 (ix) notifying applicants for redress of 

20 whether any records, including records re21 lating to the status of the applicant, have 

22 changed as a result of the application; and 

23 (x) the potential for a redress appli24 cant who opts in to receive an expedited or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
45 

•S 4681 RS

1 discounted review of an application for a 

2 trusted traveler program of the Department. 

3 (2) CONSULTATION.— 

4 (A) IN GENERAL.—To ensure input and co5 ordination from relevant components of the De6 partment and the public, the Secretary shall reg7 ularly seek the advice of the Committee on the 

8 administration of Department covered processes 

9 and redress policies and procedures. 

10 (B) COMMITTEE CONSULTATION.—The Com11 mittee may consult with applicable Federal 

12 agencies other than the Department to ensure a 

13 holistic review of covered processes. 

14 (C) ACCESS TO MATERIALS.—The Com15 mittee shall have access to all materials nec16 essary to implement its responsibilities, includ17 ing all materials marked as for official use only, 

18 law enforcement sensitive, or sensitive security 

19 information. 

20 (3) REPORTS.— 

21 (A) PERIODIC REPORTS.—The Committee 

22 shall periodically submit to the Secretary reports 

23 on screening, inspections, and redress matters 

24 identified by the Secretary and on matters of 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
46 

•S 4681 RS

1 concern identified by a majority of the members 

2 of the Committee. 

3 (B) ANNUAL REPORT.— 

4 (i) IN GENERAL.—Not later than Sep5 tember 30 of each year, the Co-Chairs of the 

6 Committee shall submit to the homeland se7 curity congressional committees and the 

8 Secretary a report on the activities of the 

9 Committee for the preceding year, which 

10 shall include— 

11 (I) information from the periodic 

12 reports submitted under subparagraph 

13 (A) during the year covered by the re14 port; and 

15 (II) the activities of any sub16 committees established under subsection 

17 (f)(5). 

18 (ii) PUBLICATION.—Not later than 30 

19 days after the date on which the Secretary 

20 receives a report under clause (i), the Sec21 retary shall publish a public version of the 

22 report. 

23 (4) CONGRESSIONAL BRIEFING.—Not later than 

24 10 days after the date on which the Co-Chairs of the 

25 Committee submit to the Secretary an annual report 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
47 

•S 4681 RS

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

2 the Committee shall provide a briefing to the home3 land security congressional committees on the work, 

4 recommendations, and dissenting opinions of the 

5 Committee and any actions taken as the result of the 

6 work, recommendations, and dissenting opinions. 

7 (f) POWERS OF THE COMMITTEE.— 

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

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

10 such testimony, and receive such evidence as the Com11 mittee considers advisable to carry out this Act. 

12 (2) INFORMATION FROM FEDERAL AGENCIES.— 

13 (A) IN GENERAL.—The Committee may se14 cure directly from a Federal department or agen15 cy such information as the Committee considers 

16 necessary to carry out this Act. 

17 (B) FURNISHING INFORMATION.—On re18 quest of the Co-Chairs of the Committee, the head 

19 of the relevant Federal department or agency 

20 shall furnish the information to the Committee. 

21 (C) SAFEGUARDS.—Each member of the 

22 Committee shall abide by the relevant executive 

23 orders, regulations, and policies regarding the 

24 use, safeguarding, and sharing of information 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
48 

•S 4681 RS

1 that regularly apply to the information accessed 

2 and role of the member on the Committee. 

3 (3) POSTAL SERVICES.—The Committee may use 

4 the United States mail in the same manner and 

5 under the same conditions as other departments and 

6 agencies of the Federal Government. 

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

8 and dispose of gifts or donations of services or prop9 erty. 

10 (5) SUBCOMMITTEES.— 

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

12 Committee may establish subcommittees to ac13 complish the duties of the Committee. 

14 (B) INTELLIGENCE MATTERS.— 

15 (i) IN GENERAL.—The Co-Chairs of the 

16 Committee shall establish a subcommittee on 

17 intelligence matters related to covered proc18 esses. 

19 (ii) MEMBERSHIP.—The subcommittee 

20 described in clause (i) shall include the Co21 Chairs of the Committee and may include 

22 other members of the Committee who are 

23 not Federal employees. 

24 (iii) SECURITY CLEARANCES.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
49 

•S 4681 RS

1 (I) IN GENERAL.—Subject to sub2 clause (II), the Department shall expe3 ditiously provide the Committee mem4 bers and staff of the subcommittee es5 tablished under clause (i) with appro6 priate security clearances to the extent 

7 possible under existing procedures and 

8 requirements to perform oversight of 

9 intelligence matters relating to covered 

10 processes. 

11 (II) PROHIBITION.—No indi12 vidual may be appointed to the sub13 committee established under clause (i) 

14 if such individual is determined not to 

15 be eligible to receive the requisite secu16 rity clearance. 

17 (III) SECURITY CLEARANCE RE18 QUIREMENTS.—Any individual ap19 pointed to the subcommittee established 

20 under clause (i) shall abide by the re21 quirements to hold a security clearance 

22 provided under this clause. 

23 (C) OPEN MEETINGS.— To the greatest ex24 tent possible, all meetings of a subcommittee deVerDate Sep 11 2014 22:44 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6203 E:\BILLS\S4681.RS S4681

kjohnson on DSK7ZCZBW3PROD with $$_JOB
50 

•S 4681 RS

1 scribed in this paragraph shall be open to the 

2 public. 

3 (g) COMMITTEE PERSONNEL MATTERS.— 

4 (1) PROHIBITION ON COMPENSATION.—No non5 Federal member of the Committee may receive pay or 

6 benefits from the United States Government by reason 

7 of service on the Committee. 

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

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

10 necessary expenses while traveling away from such 

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

12 performance of the duties of the Committee. 

13 (h) APPLICABILITY OF FACA.—Chapter 10 of title 5, 

14 United States Code (commonly referred to as the ‘‘Federal 

15 Advisory Committee Act’’), shall apply to the Committee. 

16 (i) RULE OF CONSTRUCTION.—Nothing in this section 

17 shall be construed to limit the communications of the mem18 bers of the Committee with Congress. 

19 (j) TERMINATION.—The Committee shall terminate on 

20 December 31, 2030. 

21 SEC. 4. REVISING DEPARTMENT REDRESS PROCESSES. 

22 (a) PLAN TO IMPROVE REDRESS PROCESSES.— 

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

24 the date of enactment of this Act, the Secretary shall 

25 submit to the homeland security congressional comVerDate Sep 11 2014 22:44 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6203 E:\BILLS\S4681.RS S4681

kjohnson on DSK7ZCZBW3PROD with $$_JOB
51 

•S 4681 RS

1 mittees a plan, to be known as the ‘‘DHS Plan to Im2 prove Redress’’, to improve and expand the imple3 mentation by the Department of the appeal and re4 dress process required under section 44926 of title 49, 

5 United States Code. 

6 (2) ELEMENTS.—The plan required under para7 graph (1) shall include— 

8 (A) the needs and intended outcomes of the 

9 redress process, including— 

10 (i) protecting national security and 

11 upholding transparency, privacy, civil 

12 rights, and civil liberties; 

13 (ii) an implementation schedule with 

14 key milestones; and 

15 (iii) delegation of responsibilities; 

16 (B) improved processes to seek redress for 

17 individuals who believe they have been delayed, 

18 prohibited from boarding a commercial aircraft, 

19 denied or delayed entry into the United States, 

20 subjected to electronic device searches, or denied 

21 Department credentials because they were wrong22 ly identified as a risk under the regimes utilized 

23 by the Transportation Security Administration, 

24 U.S. Customs and Border Protection, or any 

25 other office or component of the Department; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
52 

•S 4681 RS

1 (C) efforts to ensure the redress process is 

2 timely, fair, and provides for sufficient constitu3 tional protections and corrective actions to mini4 mize misidentifications and wrongful place5 ments; 

6 (D) opportunities for the public to provide 

7 feedback before and after implementation of the 

8 plan; 

9 (E) a description of concrete steps the De10 partment will take to strengthen the redress proc11 ess and make the redress process more trans12 parent and readily available for people of all 

13 backgrounds, including individuals who lack ac14 cess to technology or familiarity with the Federal 

15 Government; and 

16 (F) a list of policies, procedures, and guide17 lines related to redress and covered processes of 

18 the Department that the Department will make 

19 available to the public and, for those policies, 

20 procedures, and guidelines that must be withheld 

21 in part or in full as a result of reasonable na22 tional security concerns, how the Department 

23 and other Federal agencies can release meaning24 ful information about those policies, procedures, 

25 and guidelines to the public. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
53 

•S 4681 RS

1 (3) CONSIDERATIONS.—The Secretary shall con2 sider any recommendations made by the Committee 

3 under section 3(e)(1) when developing the plan re4 quired under paragraph (1) of this subsection and 

5 provide an explanation for any rejected recommenda6 tions. 

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

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

9 include a classified annex. 

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

11 days after the date on which the Secretary submits 

12 the plan required under paragraph (1), the Secretary 

13 shall publish a public version of the plan. 

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

15 date on which the Secretary publishes a public 

16 version of the plan under paragraph (5), the Sec17 retary shall brief the homeland security congressional 

18 committees on the plan. 

19 (b) EXPANSION OF OFFICE OF APPEALS AND RE20 DRESS.—Section 44926(b)(1) of title 49, United States 

21 Code, is amended— 

22 (1) by striking ‘‘The Secretary shall’’ and insert23 ing the following: 

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


kjohnson on DSK7ZCZBW3PROD with $$_JOB
54 

•S 4681 RS

1 (2) by striking ‘‘The Office shall include rep2 resentatives’’ and inserting the following: 

3 ‘‘(B) COMPOSITION.—The Office shall in4 clude— 

5 ‘‘(i) representatives’’; 

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

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

8 the end and inserting a semicolon; and 

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

10 ‘‘(ii) the Privacy Officer of the Depart11 ment; and 

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

13 Civil Liberties of the Department.’’. 

14 (c) ANNUAL REPORT TO CONGRESS.— 

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

16 the date of enactment of this Act, and annually there17 after until December 31, 2030, the Attorney General, 

18 in consultation with the Secretary, the Director of 

19 National Intelligence, the Secretary of State, and the 

20 Secretary of Defense, shall submit to the appropriate 

21 congressional committees a report on the consolidated 

22 terrorist watchlist, which shall include— 

23 (A) the criteria and guidance used by Fed24 eral agencies for placing the name of an indi25 vidual on the consolidated terrorist watchlist, by 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
55 

•S 4681 RS

1 category, including a summary of any changes 

2 made during the 1-year period preceding submis3 sion of the report; 

4 (B) the total number of identities on the 

5 consolidated terrorist watchlist, and the number 

6 of identities by each category, including the 

7 number of United States person identities in 

8 each category; 

9 (C) the minimum standards for reliability 

10 and accuracy of identifying information; 

11 (D) the degree of information certainty, in12 cluding all audits conducted during the 1-year 

13 period preceding submission of the report; 

14 (E) a list of policies and programs for 

15 which the consolidated terrorist watchlist is used 

16 and the range of applicable consequences that are 

17 to apply to an individual, including screening 

18 and inspection activities that may apply as a 

19 result; 

20 (F) the types of records contained within 

21 the consolidated terrorist watchlist; 

22 (G) the list of government and nongovern23 ment entities with whom the consolidated ter24 rorist watchlist information is shared, including 

25 foreign government entities, the way those entiVerDate Sep 11 2014 22:44 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6203 E:\BILLS\S4681.RS S4681

kjohnson on DSK7ZCZBW3PROD with $$_JOB
56 

•S 4681 RS

1 ties use consolidated terrorist watchlist informa2 tion, and the categories from the consolidated 

3 terrorist watchlist that those entities receive; 

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

5 and changed in the consolidated terrorist 

6 watchlist, including, for each removal, the num7 ber of such records by reason for the removal, 

8 during the 1-year period preceding submission of 

9 the report; and 

10 (I) a description of new information main11 tained by the Terrorist Screening Center. 

12 (2) FORM.—Each report required under para13 graph (1) shall be submitted in unclassified form, but 

14 may include a classified annex. 

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

16 date on which the Attorney General submits the first 

17 report under paragraph (1), the Attorney General 

18 shall brief the appropriate congressional committees 

19 on the report. 

20 (4) PUBLICATION.—The Attorney General shall 

21 develop and publish on the website of the Department 

22 of Justice a public version of each report required 

23 under this subsection in a manner that makes avail24 able any information in the report that would not 

25 harm national security. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
57 

•S 4681 RS

1 SEC. 5. REPORT ON EFFECTIVENESS OF ENHANCED 

2 SCREENING PROGRAMS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) DHS TRIP.—The term ‘‘DHS TRIP’’ means 

5 the Traveler Redress Inquiry Program of the Depart6 ment. 

7 (2) ENHANCED SCREENING.—The term ‘‘en8 hanced screening’’ means enhanced or additional 

9 screening by the Transportation Security Administra10 tion of a passenger at an airport or secondary inspec11 tion by U.S. Customs and Border Protection of an in12 dividual at a port of entry or the equivalent. 

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

14 period’’, with respect to a report required by sub15 section (b), means the 1-year period preceding sub16 mission of the report. 

17 (b) REPORTS.—Not later than 1 year after the date 

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

19 the next 10 years, the Secretary shall— 

20 (1) submit to the Committee on Homeland Secu21 rity and Governmental Affairs and the Committee on 

22 Commerce, Science, and Transportation of the Senate, 

23 the Committee on Homeland Security of the House of 

24 Representatives, and the Comptroller General of the 

25 United States a report evaluating the effectiveness, 

26 during the reporting period, of the mechanisms of the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
58 

•S 4681 RS

1 Transportation Security Administration and U.S. 

2 Customs and Border Protection for performing en3 hanced screening of passengers at airports and indi4 viduals at ports of entry or the equivalent; and 

5 (2) work with the Chief Information Officer of 

6 the Department and the Science and Technology Di7 rectorate of the Department to develop any new tools 

8 or mechanisms needed to track the information de9 scribed in paragraph (1) in a manner that shall not 

10 delay travelers and shall report any challenges in de11 velopment of that technology to the appropriate con12 gressional committees. 

13 (c) ELEMENTS OF REPORTS.— 

14 (1) IN GENERAL.—Each report required by sub15 section (b) shall include for the reporting period, at 

16 a minimum, the following data, disaggregated with 

17 respect to the Transportation Security Administra18 tion and U.S. Customs and Border Protection, as ap19 plicable to each agency: 

20 (A) The number of individuals who under21 went at least 1 enhanced screening, the number 

22 of enhanced screenings conducted, and the num23 ber of enhanced screenings disaggregated by the 

24 following reasons for screening, as appropriate: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
59 

•S 4681 RS

1 (i) The individual being on the Selectee 

2 List. 

3 (ii) The individual being on the Ex4 panded Selectee List. 

5 (iii) A rules-based screening, 

6 disaggregated by whether the screening was 

7 conducted under the Silent Partner or Quiet 

8 Skies program of the Transportation Secu9 rity Administration or pursuant to a rule 

10 of U.S. Customs and Border Protection. 

11 (iv) Identification of the individual by 

12 the Transportation Security Administration 

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

14 States Code. 

15 (v) Agricultural inspection. 

16 (vi) Customs inspection. 

17 (vii) Immigration inspection. 

18 (viii) At the discretion of an employee 

19 of U.S. Customs and Border Protection or 

20 Transportation Security Administration, 

21 including by a member of a Tactical Ter22 rorism Response Team. 

23 (ix) Random selection, disaggregated 

24 by whether enhanced screening was con25 ducted— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
60 

•S 4681 RS

1 (I) under the Secure Flight pro2 gram of the Transportation Security 

3 Administration; or 

4 (II) at a port of entry or at an 

5 airport security checkpoint, including 

6 for participants in trusted traveler 

7 programs or the Registered Traveler 

8 program. 

9 (x) In response to a flag from another 

10 Federal agency, disaggregated by which 

11 agency and what that flag was for, includ12 ing because the individual is on the Do Not 

13 Board List or the Public Health Lookout 

14 List of the Centers for Disease Control and 

15 Prevention. 

16 (xi) Air carrier designation. 

17 (xii) Other reasons, including informa18 tion with respect to such other reasons. 

19 (B) The enhanced screenings described in 

20 subparagraph (A) that, as appropriate to the 

21 Transportation Security Administration and 

22 U.S. Customs and Border Protection, resulted 

23 in— 

24 (i) the discovery of a violation of the 

25 law, disaggregated by violation; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
61 

•S 4681 RS

1 (ii) the revocation of a visa; 

2 (iii) the placement of an individual in 

3 detention; 

4 (iv) the nomination of an individual 

5 to the Terrorist Screening Database; 

6 (v) the levying of a fine or penalty; 

7 (vi) the detection of a prohibited item; 

8 or 

9 (vii) no consequences. 

10 (C) Whether there were individuals who, 

11 during the period covered under the relevant re12 port, underwent more than 1 enhanced screening, 

13 including— 

14 (i) how many individuals underwent 

15 more than 1 enhanced screening; 

16 (ii) how often those individuals re17 ceived enhanced screenings; 

18 (iii) whether there were common rea19 sons for the multiple enhanced screenings; 

20 (iv) whether individuals who received 

21 enhanced screenings received those 

22 screenings because of a rules-based screening 

23 program matched to more than 1 rule and, 

24 if so, how many rules they matched to; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
62 

•S 4681 RS

1 (v) whether there were any common 

2 trends or characteristics to the individuals 

3 who underwent more than 1 enhanced 

4 screening that the Department was able to 

5 identify, including nationality, gender, or 

6 another relevant characteristic; 

7 (vi) whether there were individuals 

8 who were previously removed from the Ter9 rorist Screening Database who after that re10 moval received an enhanced screening that 

11 was not related to the previous placement in 

12 the Database; and 

13 (vii) whether the individuals who un14 derwent more than 1 enhanced screening, by 

15 either the Transportation Security Admin16 istration or U.S. Customs and Border Pro17 tection, had also undergone more than 1 en18 hanced screening in the previous 2 years. 

19 (D) With respect to the searches of the con20 tent of electronic devices arising from enhanced 

21 screenings, the following: 

22 (i) The number of electronic devices 

23 searched, disaggregated by airport or port of 

24 entry and basic or advanced search, and the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
63 

•S 4681 RS

1 names of third-party tools used to conduct 

2 the search. 

3 (ii) The number of requests for tech4 nical assistance to search an electronic de5 vice or for assistance to conduct analysis of 

6 the findings of a search of a device, 

7 disaggregated by requesting agency, airport 

8 or port of entry, and assisting agency, and 

9 including the number of requests granted 

10 and a description of the result of each re11 quest. 

12 (iii) The total number of individuals 

13 whose electronic devices were searched dur14 ing the reporting period. 

15 (iv) The number of those individuals 

16 who were, at the time of the search, included 

17 on the No Fly List, the Selectee List, the 

18 Terrorist Screening Database, or other sub19 sidiary lists shared with the Department, 

20 disaggregated by list. 

21 (v) The number of individuals who, as 

22 a result of the search in part or wholly, 

23 were newly added to a list described in 

24 clause (iv). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
64 

•S 4681 RS

1 (E) With respect to each Transportation Se2 curity Administration and U.S. Customs and 

3 Border Protection rules-based screening program, 

4 the following: 

5 (i) A description of each rule that was 

6 in effect at any point during the reporting 

7 period. 

8 (ii) A statement of the following: 

9 (I) The total number of rules and 

10 the number of rules added, changed, 

11 maintained, or archived. 

12 (II) For the number of rules 

13 added or changed, a statement of— 

14 (aa) the number added or 

15 changed through standard rule re16 view procedures; and 

17 (bb) the number added or 

18 changed through procedures de19 signed for exigent circumstances. 

20 (III) The total number of rules 

21 that rely in part or wholly on race, 

22 ethnicity, nationality, sex, age, or reli23 gion, a breakdown of the rules by each 

24 trait, and a description of how each 

25 rule uses that trait. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
65 

•S 4681 RS

1 (F) With respect to DHS TRIP, a state2 ment of the following: 

3 (i) The number of applications to 

4 DHS TRIP. 

5 (ii) With respect to the No Fly List, 

6 the Selectee List, the Terrorist Screening 

7 Database, or other subsidiary lists shared 

8 with the Department, the following: 

9 (I) The number of applicants to 

10 DHS TRIP who were included on one 

11 of those lists and were not removed as 

12 a result of the application, 

13 disaggregated by list. 

14 (II) The number of applicants to 

15 DHS TRIP who were included on one 

16 of those lists at the time of a redress 

17 application and whose status changed 

18 as a result of the redress process, 

19 disaggregated by list. 

20 (III) The number of applicants 

21 that DHS TRIP determined had no 

22 nexus to one of those lists. 

23 (IV) The number of applicants 

24 that DHS TRIP determined were misVerDate Sep 11 2014 22:44 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6203 E:\BILLS\S4681.RS S4681

kjohnson on DSK7ZCZBW3PROD with $$_JOB
66 

•S 4681 RS

1 takenly identified as an individual on 

2 one of those lists, disaggregated by list. 

3 (iii) The number of applicants that 

4 DHS TRIP determined were included as 

5 random selectees for enhanced screening 

6 under the Secure Flight program. 

7 (iv) The number of applicants for 

8 DHS TRIP who encountered travel inci9 dents that fall into categories not described 

10 in any of clauses (i), (ii), or (iii), 

11 disaggregated by category. 

12 (v) The number of applications to 

13 DHS TRIP that stated that an agency or 

14 officer relied upon race, ethnicity, nation15 ality, sex, age, or religion to make any deci16 sion. 

17 (G) Any other information the Secretary 

18 considers relevant to evaluating the effectiveness 

19 of the enhanced screening selection procedures of 

20 the Transportation Security Administration and 

21 U.S. Customs and Border Protection, including 

22 any improvements the Secretary has identified 

23 as a result of the report and plans to implement 

24 or the effect of improvements made as a result of 

25 reports submitted during previous years. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
67 

•S 4681 RS

1 (2) INITIAL REPORT.—In submitting the first re2 port in accordance with this subsection, the Secretary 

3 shall include the following: 

4 (A) An explanation for any required infor5 mation and data described in paragraph (1) 

6 that is not available on the date of the submis7 sion but can be collected in the future, includ8 ing— 

9 (i) whether technological or other 

10 changes will need to be made to collect the 

11 information or data; 

12 (ii) the timeline for collecting the in13 formation or data, including any specific 

14 agency responsibilities; and 

15 (iii) any additional resources nec16 essary for collecting the information or 

17 data. 

18 (B) With respect to any required informa19 tion and data described in paragraph (1) that 

20 the Secretary cannot collect, an explanation as 

21 to why the information or data cannot be col22 lected. 

23 (3) SUBSEQUENT REPORTS.—Each report sub24 mitted after the initial report described in paragraph 

25 (2) shall include a description of any required inforVerDate Sep 11 2014 22:44 Dec 20, 2024 Jkt 059200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6203 E:\BILLS\S4681.RS S4681

kjohnson on DSK7ZCZBW3PROD with $$_JOB
68 

•S 4681 RS

1 mation or data described in paragraph (1) that is 

2 missing from the report, including the following: 

3 (A) A description of the missing required 

4 information or data described in paragraph (1). 

5 (B) The Transportation Security Adminis6 tration or U.S. Customs and Border Protection 

7 or other Government entity screening entity, ac8 tivity, or program that uses, produces, or is best 

9 positioned to have knowledge of the missing re10 quired information or data described in para11 graph (1). 

12 (C) The reasons the required information or 

13 data described in paragraph (1) are missing 

14 from the report. 

15 (D) Any updates relating to changes made 

16 based on subsection (2)(A). 

17 (E) Any additional required authorities, re18 sources, or other needed actions to begin tracking 

19 the missing required information or data de20 scribed in paragraph (1), if practicable. 

21 (d) ANALYSIS OF CIVIL RIGHTS, CIVIL LIBERTIES, 

22 AND PRIVACY IMPACT.—Each report required under sub23 section (b) shall include an analysis of any impacts on civil 

24 rights, civil liberties, or privacy of enhanced screening based 

25 on the data included in the report. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
69 

•S 4681 RS

1 (e) DISAGGREGATION.—Each report required under 

2 subsection (b) shall disaggregate the information contained 

3 in the report relating to individuals into the categories of 

4 United States persons and foreign persons. 

5 (f) GAO REVIEW.— 

6 (1) REVIEW.—Upon receipt of the first report 

7 submitted under subsection (b), the Comptroller Gen8 eral of the United States shall commence a review of 

9 the section of the report submitted in compliance with 

10 subsection (c)(2). 

11 (2) BRIEFING.—Not later than 1 year after re12 ceipt of the first report submitted under subsection 

13 (b), the Comptroller General of the United States 

14 shall provide a briefing on the findings of the review 

15 to the Committee on Homeland Security and Govern16 mental Affairs and the Committee on Commerce, 

17 Science, and Transportation of the Senate and to the 

18 Committee on Homeland Security of the House of 

19 Representatives. 

20 (g) DATA COLLECTION.—The data to be included in 

21 each report required by subsection (b) shall— 

22 (1) be provided by the Transportation Security 

23 Administration and U.S. Customs and Border Protec24 tion to the Office of Homeland Security Statistics; 

25 and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
70 

•S 4681 RS

1 (2) be collected and analyzed— 

2 (A) by the Office of Homeland Security 

3 Statistics, in coordination with the Transpor4 tation Security Administration, U.S. Customs 

5 and Border Protection, and other relevant agen6 cies; and 

7 (B) in a manner that— 

8 (i) is consistent with the Constitution 

9 of the United States; and 

10 (ii) complies with all applicable laws 

11 and policies, including laws and policies 

12 protecting privacy, civil rights, and civil 

13 liberties. 

14 (h) LIMITATIONS ON USE OF DATA.—Data that is ag15 gregated for purposes of a report required by subsection 

16 (b)— 

17 (1) shall be used only for purposes of preparing 

18 the report, analyzing trends, making recommenda19 tions for improving the efficiency and effectiveness of 

20 enhanced screening at airports and ports of entry or 

21 implementing those improvements, or reviewing en22 hanced screening programs; and 

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

24 vetting, or screening individuals. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
71 

•S 4681 RS

1 (i) FORM OF REPORT.—Each report required by sub2 section (b) shall be submitted in unclassified form, but may 

3 include a classified appendix. 

4 (j) PUBLICATION.—The Secretary shall develop and 

5 publish on the website of the Department of Homeland Se6 curity a public version of each report required under this 

7 section in a manner that makes available any information 

8 in the report that would not harm national security. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
Calendar No. 738 

118TH CONGRESS 

2D SESSION S. 4681 

[Report No. 118–318] 

A BILL 

To ensure a timely, fair, meaningful, and transDland Security, and for other purposes. screening programs of the Department of Home- quire a report on the effectiveness of enhanced by the Department of Homeland Security, to re- under the screening and inspection regimes used cause they were wrongly identified as a threat parent process for individuals to seek redress be- ECEMBER 19 (legislative day, DECEMBER 16), 2024 

Reported with an amendment 


kjohnson on DSK7ZCZBW3PROD with $$_JOB