[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4681 Introduced in Senate (IS)]

<DOC>






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhanced Oversight and 
Accountability in Screening Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on the Judiciary of the Senate;
                    (C) the Committee on Armed Services of the Senate;
                    (D) the Select Committee on Intelligence of the 
                Senate;
                    (E) the Committee on Foreign Relations of the 
                Senate;
                    (F) the Committee on Homeland Security of the House 
                of Representatives;
                    (G) the Committee on Oversight and Accountability 
                of the House of Representatives;
                    (H) the Committee on the Judiciary of the House of 
                Representatives;
                    (I) the Committee on Armed Services of the House of 
                Representatives;
                    (J) the Permanent Select Committee on Intelligence 
                of the House of Representatives; and
                    (K) the Committee on Foreign Affairs of the House 
                of Representatives.
            (2) Committee.--The term ``Committee'' means the Screening 
        and Watchlisting Advisory Committee established under section 
        3(a).
            (3) Consolidated terrorist watchlist.--The term 
        ``consolidated terrorist watchlist'' means any database or 
        watchlist maintained by the Terrorist Screening Center for the 
        purpose of monitoring individuals suspected of engaging in 
        terrorist activity, including the terrorist screening database 
        and any successor database.
            (4) Covered processes.--The term ``covered processes'' 
        means the practices, policies, and programs used to conduct 
        primary, secondary, enhanced, and additional screenings, 
        vettings, inspections, and other processes related to 
        watchlists maintained by any Federal agency.
            (5) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (6) Enhanced redress.-- The term ``enhanced redress'' means 
        the process by which the Department confirms whether a United 
        States person, who has been denied boarding and has applied for 
        redress, is on the No Fly List maintained by the Terrorist 
        Screening Center.
            (7) Homeland security congressional committees.--The term 
        ``homeland security congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Homeland Security of the House 
                of Representatives.
            (8) Redress.-- The term ``redress'' means the process 
        established by the Department to assist individuals to resolve 
        travel-related issues, such as being--
                    (A) denied or delayed airline boarding;
                    (B) denied or delayed entry into or exit from the 
                United States at a port of entry or border crossing; or
                    (C) repeatedly referred to additional screening or 
                inspection.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 3. SCREENING AND WATCHLISTING ADVISORY COMMITTEE.

    (a) Establishment.--Not later than 60 days after the date of 
enactment of this Act, the Secretary shall establish a Screening and 
Watchlisting Advisory Committee.
    (b) Membership.--
            (1) Composition.--The Committee shall be composed of an odd 
        number of members of not less than 15 and not more than 23 
        members appointed by the Secretary as follows:
                    (A) 2 members shall be the Civil Rights and Civil 
                Liberties Officer of the Department and a 
                representative from a nonprofit organization, academia, 
                or civil society, who shall serve as Co-Chairs of the 
                Committee.
                    (B) Not less than 1 member shall be appointed from 
                each of the following components of the Department:
                            (i) The Transportation Security 
                        Administration.
                            (ii) U.S. Customs and Border Protection;
                            (iii) The Privacy Office.
                            (iv) The Office of Strategy, Policy, and 
                        Plans.
                            (v) The Office of Intelligence and 
                        Analysis.
                            (vi) Any other relevant component germane 
                        to Department screening, inspections, and 
                        redress, as determined appropriate by the 
                        Secretary.
                    (C) 3 members shall be the following agency heads 
                or their representatives:
                            (i) The Director of the Federal Bureau of 
                        Investigation.
                            (ii) The Director of the Terrorist 
                        Screening Center.
                            (iii) The Director of the National 
                        Counterterrorism Center.
                    (D) Members of the nonprofit, academia, or civil 
                society sectors representing the following:
                            (i) Individuals of diverse backgrounds in 
                        race, ethnicity, religion, and gender.
                            (ii) Individuals from various geographic 
                        regions within the United States.
                            (iii) National organizations that represent 
                        diverse racial, ethnic, and religious 
                        communities.
                            (iv) Individuals with expertise in law, 
                        transparency, technology, privacy, civil 
                        rights, and civil liberties.
                    (E) Any other individuals as the Secretary 
                determines appropriate.
            (2) Nongovernment members.--There shall be not less than 1 
        more member of the Committee appointed under paragraph (1)(D) 
        than the total number of members appointed under subparagraphs 
        (A), (B), (C), and (E) of paragraph (1).
            (3) Date.--The appointments of members of the Committee 
        shall be made not later than 120 days after the date of 
        enactment of this Act.
            (4) Voluntary service.--The members of the Committee shall 
        serve on the Committee on a voluntary basis.
            (5) Publication of list of members.--The Committee shall 
        publish an updated list of members of the Committee on a 
        publicly available website before each meeting of the 
        Committee.
    (c) Period of Appointment; Vacancies.--
            (1) Term.--The term of a member of the Committee shall be 3 
        years, except that a member may continue to serve until a 
        successor is appointed.
            (2) Vacancies.--A vacancy in the Committee--
                    (A) shall not affect the powers of the Committee; 
                and
                    (B) shall be filled in the same manner as the 
                original appointment.
            (3) Reappointment.--A member of the Advisory Committee may 
        be reappointed for not more than 1 term.
    (d) Meetings.--
            (1) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Committee have been appointed, the 
        Committee shall hold the first meeting of the Committee.
            (2) Frequency; manner.--The Committee--
                    (A) shall meet--
                            (i) not less frequently than quarterly; and
                            (ii) at the call of the Co-Chairs of the 
                        Committee or the Secretary; and
                    (B) may meet remotely.
    (e) Duties.--
            (1) In general.--The Committee shall--
                    (A) advise, consult with, and make recommendations 
                to the Secretary, as appropriate, on the development, 
                refinement, implementation, and evaluation of policies, 
                programs, and planning pertaining to covered processes 
                of the Department, including--
                            (i) all covered processes implemented by 
                        the Transportation Security Administration;
                            (ii) all covered processes implemented by 
                        U.S. Customs and Border Protection at ports of 
                        entry and their equivalents;
                            (iii) trainings associated with these 
                        covered processes;
                            (iv) the intelligence used to support these 
                        covered processes;
                            (v) how data related to these covered 
                        processes is used, collected, retained, 
                        analyzed, and shared;
                            (vi) internal Department oversight over 
                        these covered processes;
                            (vii) metrics to assess the effectiveness 
                        of covered processes, including any metrics 
                        outlined in policy documents;
                            (viii) redress processes related to these 
                        covered processes; and
                            (ix) any other matter related to covered 
                        processes as the Committee may determine 
                        relevant;
                    (B) disclose to the public and Congress information 
                about the covered processes described in subparagraph 
                (A), and the data and analytical system related to 
                those processes, including materials explaining how 
                those processes work and legal and policy analyses of 
                the processes;
                    (C) provide recommendations for the plan required 
                under section 4(a), including--
                            (i) all recommendations agreed upon by a 
                        simple majority of members of the Committee; 
                        and
                            (ii) an identification of each of the 
                        members of the Committee that agreed on each 
                        recommendation; and
                    (D) consider, when providing recommendations for 
                the plan required under section 4(a)--
                            (i) the use of external advocates who are 
                        granted security clearances and may access 
                        classified information to assist passengers;
                            (ii) the establishment of a Federal office 
                        to serve as advocates for passengers;
                            (iii) the establishment of an independent 
                        ombudsman office to assist passengers with the 
                        redress process;
                            (iv) expanding the enhanced redress process 
                        to include United States persons who wish to 
                        contest their placement on the Selectee List, 
                        the Expanded Selectee List, or the consolidated 
                        terrorist watchlist;
                            (v) how to provide United States persons 
                        subject to the enhanced redress process with a 
                        significant amount of information about the 
                        placement of the person on the No Fly List and 
                        what a reasonable amount of time for this 
                        disclosure should be;
                            (vi) whether it is advisable to create a 
                        system that would allow an individual to 
                        demonstrate that the individual does not pose a 
                        threat to aviation or border security, and if 
                        advisable, the options for developing such a 
                        system;
                            (vii) the extent to which an applicant for 
                        redress can be notified about placement on any 
                        other lists maintained by the Department or 
                        other Federal agencies aside from those 
                        described in clause (iv), and a summary of the 
                        basis for that placement;
                            (viii) which policies, procedures, and 
                        guidelines related to covered processes and 
                        redress can be made available to the public 
                        and, for those policies, procedures, and 
                        guidelines that are required to be withheld in 
                        part or in full, how the Department and other 
                        Federal agencies can release summaries of those 
                        policies, procedures, and guidelines to the 
                        public;
                            (ix) notifying applicants for redress of 
                        whether any records have changed as a result of 
                        the application; and
                            (x) the potential for redress for an 
                        applicant who opts in to receive an expedited 
                        or discounted review of an application for a 
                        trusted traveler program of the Department.
            (2) Consultation.--
                    (A) In general.--To ensure input and coordination 
                from relevant components of the Department and the 
                public, the Secretary shall regularly consult and work 
                with the Committee on the administration of Department 
                covered processes and redress policies and procedures.
                    (B) Committee consultation.--The Committee may 
                consult with applicable Federal agencies other than the 
                Department to ensure a holistic review of covered 
                processes.
                    (C) Access to materials.--The Committee shall have 
                access to all materials necessary to implement its 
                responsibilities, including all materials marked as for 
                official use only, law enforcement sensitive, or 
                sensitive security information.
            (3) Reports.--
                    (A) Periodic reports.--The Committee shall 
                periodically submit to the Secretary reports on 
                screening, inspections, and redress matters identified 
                by the Secretary and on matters of concern identified 
                by a majority of the members of the Committee.
                    (B) Annual report.--
                            (i) In general.--Not later than September 
                        30 of each year, the Co-Chairs of the Committee 
                        shall submit to the homeland security 
                        congressional committees and the Secretary a 
                        report on the activities of the Committee for 
                        the preceding year, which shall include--
                                    (I) information from the periodic 
                                reports submitted under subparagraph 
                                (A) during the year covered by the 
                                report; and
                                    (II) the activities of any 
                                subcommittees established under 
                                subsection (f)(5).
                            (ii) Publication.--Not more than 30 days 
                        after the date on which the Secretary receives 
                        a report under clause (i), the Secretary shall 
                        publish a public version of the report.
            (4) Congressional briefing.--Not more than 10 days after 
        the date on which the Co-Chairs of the Committee submit to the 
        Secretary the report required under paragraph (3)(B)(i), the 
        Co-Chairs of the Committee shall provide a briefing to the 
        homeland security congressional committees on the work, 
        recommendations, and dissenting opinions of the Committee and 
        any actions taken as the result of the work, recommendations, 
        and dissenting opinions.
    (f) Powers of the Committee.--
            (1) Hearings.--The Committee may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Committee considers advisable to 
        carry out this Act.
            (2) Information from federal agencies.--
                    (A) In general.--The Committee may secure directly 
                from a Federal department or agency such information as 
                the Committee considers necessary to carry out this 
                Act.
                    (B) Furnishing information.--On request of the Co-
                Chairs of the Committee, the head of the department or 
                agency shall furnish the information to the Committee.
            (3) Postal services.--The Committee may use the United 
        States mail in the same manner and under the same conditions as 
        other departments and agencies of the Federal Government.
            (4) Gifts.--The Committee may accept, use, and dispose of 
        gifts or donations of services or property.
            (5) Subcommittees.--
                    (A) In general.--The Co-Chairs of the Committee may 
                establish subcommittees to accomplish the duties of the 
                Committee.
                    (B) Intelligence matters.--
                            (i) In general.--The Co-Chairs of the 
                        Committee shall establish a subcommittee on 
                        intelligence matters related to covered 
                        processes.
                            (ii) Membership.--The subcommittee 
                        described in clause (i) shall include the Co-
                        Chairs of the Committee and may include other 
                        members of the Committee who are not Federal 
                        employees.
                            (iii) Security clearances.--The Department 
                        shall expeditiously provide the Committee 
                        members and staff of the subcommittee 
                        established under clause (i) with appropriate 
                        security clearances to the extent possible 
                        under existing procedures and requirements to 
                        perform oversight of intelligence matters 
                        relating to covered processes.
                    (C) Open meetings.-- To the greatest extent 
                possible, all meetings of a subcommittee described in 
                this paragraph shall be open to the public.
    (g) Committee Personnel Matters.--
            (1) Prohibition on compensation.--No non-Federal member of 
        the Committee may receive pay or benefits from the United 
        States Government by reason of service on the Committee.
            (2) Travel expenses.--All members of the Committee may be 
        paid travel, per diem, and other necessary expenses while 
        traveling away from such member's home or regular place of 
        business in the performance of the duties of the Committee.
    (h) Termination.--The Committee shall terminate on December 31, 
2030.

SEC. 4. REVISING DEPARTMENT REDRESS PROCESSES.

    (a) Plan To Improve Redress Processes.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        homeland security congressional committees a plan, to be known 
        as the ``DHS Plan to Improve Redress'', to improve and expand 
        the implementation by the Department of the appeal and redress 
        process required under section 44926 of title 49, United States 
        Code.
            (2) Elements.--The plan required under paragraph (1) shall 
        include--
                    (A) the needs and intended outcomes of the redress 
                process, including--
                            (i) protecting national security and 
                        upholding transparency, privacy, civil rights, 
                        and civil liberties principles;
                            (ii) an implementation schedule with key 
                        milestones; and
                            (iii) delegation of responsibilities;
                    (B) improved processes to seek redress for 
                individuals who believe they have been delayed, 
                prohibited from boarding a commercial aircraft, denied 
                or delayed entry into the United States, subjected to 
                electronic device searches, or denied Department 
                credentials because they were wrongly identified as a 
                risk under the regimes utilized by the Transportation 
                Security Administration, U.S. Customs and Border 
                Protection, or any other office or component of the 
                Department;
                    (C) efforts to ensure the redress process is 
                timely, fair, and provides for sufficient 
                constitutional protections and corrective actions to 
                minimize misidentifications and wrongful placements;
                    (D) opportunities for the public to provide 
                feedback before and after implementation of the plan;
                    (E) a description of concrete steps the Department 
                will take to strengthen the redress process and make 
                the redress process more transparent and readily 
                available for people of all backgrounds, including 
                individuals who lack access to technology or 
                familiarity with the Federal government; and
                    (F) a list of policies, procedures, and guidelines 
                related to redress and covered processes of the 
                Department that the Department will make available to 
                the public and, for those policies, procedures, and 
                guidelines that must be withheld in part or in full, 
                how the Department and other Federal agencies can 
                release summaries of those policies, procedures, and 
                guidelines to the public.
            (3) Considerations.--The Secretary shall consider any 
        recommendations made by the Committee under section 3(e)(1) 
        when developing the plan required under paragraph (1) and 
        provide an explanation for any rejected recommendations.
            (4) Form.--The plan required under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
            (5) Public availability.--Not later than 30 days after the 
        date on which the Secretary submits the plan required under 
        paragraph (1), the Secretary shall publish a public version of 
        the plan.
            (6) Briefing.--Not later than 10 days after the Secretary 
        publishes a public version of the plan under paragraph (5), the 
        Secretary shall brief the homeland security congressional 
        committees on the plan.
    (b) Expansion of Office of Appeals and Redress.--Section 
44926(b)(1) of title 49, United States Code, is amended--
            (1) by striking ``The Secretary shall'' and inserting the 
        following:
                    ``(A) In general.--The Secretary shall'';
            (2) by striking ``The Office shall include 
        representatives'' and inserting the following:
                    ``(B) Composition.--The Office shall include--
                            ``(i) representatives'';
            (3) in subparagraph (B), as so designated--
                    (A) in clause (i), by striking the period at the 
                end and inserting a semicolon; and
                    (B) by adding at the end the following:
                            ``(ii) the Privacy Officer of the 
                        Department; and
                            ``(iii) the Officer for Civil Rights and 
                        Civil Liberties of the Department.''.
    (c) Annual Report to Congress.--
            (1) In general.-- Not later than 180 days after the date of 
        enactment of this Act, and annually thereafter until December 
        31, 2030, the Attorney General, in consultation with the 
        Secretary, the Director of National Intelligence, the Secretary 
        of State, and the Secretary of Defense, shall submit to 
        appropriate congressional committees a report on the 
        consolidated terrorist watchlist, which shall include--
                    (A) the criteria and guidance used by Federal 
                agencies for placing the name of an individual on the 
                consolidated terrorist watchlist, by category, 
                including a summary of any changes made in the 1-year 
                period preceding submission of the report;
                    (B) the total number of identities on the 
                consolidated terrorist watchlist, and the number of 
                identities by each category, including the number of 
                United States person identities in each category;
                    (C) the minimum standards for reliability and 
                accuracy of identifying information;
                    (D) the degree of information certainty, including 
                all audits conducted in the 1-year period preceding 
                submission of the report;
                    (E) a list of policies and programs for which the 
                consolidated terrorist watchlist is used and the range 
                of applicable consequences that are to apply to an 
                individual, including screening and inspection 
                activities that may apply as a result;
                    (F) the types of records contained within the 
                consolidated terrorist watchlist;
                    (G) the list of government and nongovernment 
                entities with whom the consolidated terrorist watchlist 
                information is shared, including foreign government 
                entities, the way those entities use consolidated 
                terrorist watchlist information, and the categories 
                from the consolidated terrorist watchlist that those 
                entities receive; and
                    (H) the number of records added, removed, and 
                changed in the consolidated terrorist watchlist, 
                including, for each removal, the number of such records 
                by reason for the removal, in the 1-year period 
                preceding submission of the report.
                    (I) any additional information maintained by the 
                Terrorist Screening Center.
            (2) Form.--Each report required under paragraph (1) shall 
        be submitted in unclassified form, but may include a classified 
        annex.
            (3) Briefing.--Not later than 10 days after the date on 
        which the Attorney General submits the first report under 
        paragraph (1), the Attorney General shall brief the appropriate 
        congressional committees on the report.

SEC. 5. REPORT ON EFFECTIVENESS OF ENHANCED SCREENING PROGRAMS.

    (a) Definitions.--In this section:
            (1) DHS trip.--The term ``DHS TRIP'' means the Traveler 
        Redress Inquiry Program of the Department.
            (2) Enhanced screening.--The term ``enhanced screening'' 
        means enhanced or additional screening by the Transportation 
        Security Administration of a passenger at an airport or 
        secondary inspection by U.S. Customs and Border Protection of 
        an individual at a port of entry or the equivalent.
            (3) Reporting period.--The term ``reporting period'', with 
        respect to a report required by subsection (b), means the one-
        year period preceding submission of the report.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, and annually thereafter for the next 10 years, the 
Secretary shall submit to the Committee on Homeland Security and 
Governmental Affairs and the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Homeland Security of 
the House of Representatives a report evaluating the effectiveness, 
during the reporting period, of the mechanisms of the Transportation 
Security Administration and U.S. Customs and Border Protection for 
performing enhanced screening of passengers at airports and individuals 
at ports of entry or the equivalent.
    (c) Elements.--Each report required by subsection (b) shall 
include, at a minimum, the following, for the reporting period:
            (1) The number of individuals who underwent at least 1 
        enhanced screening, the number of enhanced screenings 
        conducted, and the number of enhanced screenings disaggregated 
        by the following reasons for screening, as appropriate:
                    (A) The individual being on the Selectee List.
                    (B) The individual being on the Expanded Selectee 
                List.
                    (C) A rules-based screening, disaggregated by 
                whether the screening was conducted under the Silent 
                Partner or Quiet Skies program of the Transportation 
                Security Administration or pursuant to a rule of U.S. 
                Customs and Border Protection.
                    (D) Identification of the individual by the 
                Transportation Security Administration under section 
                114(h)(2) of title 49, United States Code.
                    (E) Agricultural inspection.
                    (F) Customs inspection.
                    (G) At the discretion of an employee of U.S. 
                Customs and Border Protection or Transportation 
                Security Administration, including by a member of a 
                Tactical Terrorism Response Team.
                    (H) Random selection, disaggregated by whether 
                enhanced screening was conducted--
                            (i) under the Secure Flight program of the 
                        Transportation Security Administration; or
                            (ii) at a port of entry or at an airport 
                        security checkpoint, including for participants 
                        in trusted traveler programs or the Registered 
                        Traveler program.
                    (I) In response to a flag from another Federal 
                agency, disaggregated by which agency and what that 
                flag was for, including because the individual is on 
                the Do Not Board List or the Public Health Lookout List 
                of the Centers for Disease Control and Prevention.
                    (J) Air carrier designation.
                    (K) Other reasons, including information with 
                respect to such other reasons.
            (2) The enhanced screenings described in paragraph (1) that 
        resulted in--
                    (A) the discovery of a violation of the law, 
                disaggregated by violation;
                    (B) the revocation of a visa;
                    (C) the placement of an individual in detention;
                    (D) the addition of an individual to the Terrorist 
                Screening Database;
                    (E) the levying of a fine or penalty; or
                    (F) no consequences.
            (3) Whether there were individuals who underwent more than 
        1 enhanced screening, including--
                    (A) how many individuals underwent more than 1 
                enhanced screening;
                    (B) how often those individuals received enhanced 
                screenings;
                    (C) whether there were common reasons for the 
                multiple enhanced screenings;
                    (D) whether individuals who received enhanced 
                screenings received those screenings because of a 
                rules-based screening program matched to more than 1 
                rule and, if so, how many rules they matched to;
                    (E) whether there were any common trends or 
                characteristics to the individuals who underwent more 
                than 1 enhanced screening that the Department was able 
                to identify, including nationality, gender, or another 
                relevant characteristic;
                    (F) whether there were individuals who were 
                previously removed from the Terrorist Screening 
                Database who after that removal received an enhanced 
                screening that was not related to the previous 
                placement in the Database; and
                    (G) whether the individuals who underwent more than 
                1 enhanced screening, by either the Transportation 
                Security Administration or U.S. Customs and Border 
                Protection, had also undergone more than 1 enhanced 
                screening in the previous 2 years.
            (4) With respect to searches of electronic devices arising 
        from enhanced screenings, the following:
                    (A) The number of electronic devices searched, 
                disaggregated by agency and airport or port of entry 
                and basic or advanced search, and the names of third-
                party tools used to conduct the search.
                    (B) The number of requests for technical assistance 
                to search an electronic device or for assistance to 
                conduct analysis of the findings of a search of a 
                device, disaggregated by requesting agency, airport or 
                port of entry, and assisting agency, and including the 
                number of requests granted and a description of the 
                result of each request.
                    (C) The total number of individuals whose 
                electronic devices were searched during the reporting 
                period.
                    (D) The number of those individuals who were, at 
                the time of the search, included on the No Fly List, 
                the Selectee List, the Terrorist Screening Database, or 
                other subsidiary lists shared with the Department, 
                disaggregated by list.
                    (E) The number of individuals who, as a result of 
                the search in part or wholly, were newly added to a 
                list described in subparagraph (D).
            (5) With respect to each rules-based screening program, the 
        following:
                    (A) A description of each rule that was in effect 
                at any point during the reporting period.
                    (B) A statement of the following:
                            (i) The total number of rules and the 
                        number of rules added, changed, maintained, or 
                        archived.
                            (ii) For the number of rules added or 
                        changed, a statement of--
                                    (I) the number added or changed 
                                through standard rule review 
                                procedures; and
                                    (II) the number added or changed 
                                through procedures designed for exigent 
                                circumstances.
                            (iii) The total number of rules that rely 
                        in part or wholly on race, ethnicity, 
                        nationality, sex, age, or religion, a breakdown 
                        of the rules by each trait, and a description 
                        of how each rule uses that trait.
            (6) With respect to DHS TRIP, a statement of the following:
                    (A) The number of applications to DHS TRIP.
                    (B) With respect to the No Fly List, the Selectee 
                List, the Terrorist Screening Database, or other 
                subsidiary lists shared with the Department, the 
                following:
                            (i) The number of applicants that DHS TRIP 
                        determined were properly included on one of 
                        those lists, disaggregated by list.
                            (ii) The number of applicants that DHS TRIP 
                        determined were incorrectly included on one of 
                        those lists, disaggregated by list.
                            (iii) The number of applicants that DHS 
                        TRIP determined had no nexus to one of those 
                        lists.
                            (iv) The number of applicants that DHS TRIP 
                        determined were mistakenly identified as an 
                        individual on one of those lists, disaggregated 
                        by list.
                    (C) The number of applicants that DHS TRIP 
                determined were included as random selectees for 
                enhanced screening under the Secure Flight program.
                    (D) The number of applicants for DHS TRIP who 
                encountered travel incidents that fall into categories 
                not described in any of subparagraphs (A) through (C), 
                disaggregated by category.
                    (E) The number of applications to DHS TRIP that 
                stated that an agency or officer relied upon race, 
                ethnicity, nationality, sex, age, or religion to make 
                any decision.
            (7) Any other information the Secretary considers relevant 
        to evaluating the effectiveness of the enhanced screening 
        selection procedures of the Transportation Security 
        Administration and U.S. Customs and Border Protection.
    (d) Analysis of Civil Rights and Civil Liberties Impact.--Each 
report required by subsection (b) shall include an analysis of any 
impacts on civil rights or civil liberties of enhanced screening based 
on the data included in the report.
    (e) Data Collection.--The data to be included in each report 
required by subsection (b) shall--
            (1) be provided by the Transportation Security 
        Administration and U.S. Customs and Border Protection to the 
        Office of Homeland Security Statistics; and
            (2) be collected and analyzed--
                    (A) by the Office of Homeland Security Statistics, 
                in coordination with the Transportation Security 
                Administration, U.S. Customs and Border Protection, and 
                other relevant agencies; and
                    (B) in a manner that--
                            (i) is consistent with the Constitution of 
                        the United States;
                            (ii) complies with all applicable laws and 
                        policies, including laws and policies 
                        protecting privacy, civil rights, and civil 
                        liberties.
    (f) Limitations on Use of Data.--Data that is aggregated for 
purposes of a report required by subsection (b)--
            (1) may be used only for purposes of preparing the report, 
        analyzing trends, making recommendations for improving the 
        efficiency and effectiveness of enhanced screening at airports 
        and ports of entry, or auditing enhanced screening programs; 
        and
            (2) may not be used for purposes of tracking, vetting, or 
        screening individuals.
    (g) Form of Report.--Each report required by subsection (b) shall 
be submitted in unclassified form, but may include a classified 
appendix.
                                 <all>