[Congressional Record Volume 163, Number 105 (Tuesday, June 20, 2017)]
[House]
[Pages H4975-H4976]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRAVELER REDRESS IMPROVEMENT ACT OF 2017
Mr. KATKO. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 2132) to require the implementation of a redress process and
review of the Transportation Security Administration's intelligence-
based screening rules for aviation security, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2132
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 ``Traveler Redress Improvement
Act of 2017''.
SEC. 2. IMPLEMENTATION OF REDRESS PROCESS AND REVIEW OF THE
TRANSPORTATION SECURITY ADMINISTRATION'S
INTELLIGENCE-BASED SCREENING RULES FOR AVIATION
SECURITY.
(a) Redress Process.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration shall, using existing
resources, systems, and processes, ensure the availability of
the Department of Homeland Security Traveler Redress Inquiry
Program (DHS TRIP) redress process to adjudicate inquiries
for individuals who--
(A) are citizens of the United States or aliens lawfully
admitted for permanent residence;
(B) have filed an inquiry with DHS TRIP after receiving
enhanced screening at an airport passenger security
checkpoint more than three times in any 60-day period; and
(C) believe they have been wrongly identified as being a
threat to aviation security.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the
Transportation Security Administration shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the implementation
of the redress process required under paragraph (1).
(b) Privacy Impact Review and Update.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration shall review and
update the Privacy Impact Assessment for the Secure Flight
programs to ensure such Assessment accurately reflects the
operation of such programs.
(2) Public dissemination.--The Secure Flight Privacy Impact
Assessment review required under paragraph (1) shall be
published on a publically accessible Internet webpage of the
Transportation Security Administration and submitted to the
Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(c) Transportation Security Administration Rule Review and
Notification Process.--
(1) Rule review.--Not later than 60 days after the date of
the enactment of this Act and every 120 days thereafter, the
Assistant Administrator of the Office of Intelligence
Analysis of the Transportation Security Administration, in
coordination with the entities specified in paragraph (2),
shall conduct a comprehensive review of the Transportation
Security Administration's intelligence-based screening rules.
(2) Notification process.--Not later than 48 hours after
changing, updating, implementing, or suspending a
Transportation Security Administration intelligence-based
screening rule, the Assistant Administrator of the Office of
Intelligence Analysis of the Transportation Security
Administration shall notify the following entities of any
such change, update, implementation, or suspension, as the
case may be:
(A) The Office of Civil Rights and Liberties of the
Transportation Security Administration.
(B) The Office of the Ombudsman of the Administration.
(C) The Office of Traveler Engagement of the
Administration.
(D) The Office of Civil Rights and Liberties of the
Department of Homeland Security.
(E) The Office of Chief Counsel of the Administration.
(F) The Office of General Counsel of the Department.
(G) The Privacy Office of the Administration.
(H) The Privacy Office of the Department.
(I) The Federal Air Marshal Service.
(J) The Traveler Redress Inquiry Program of the Department.
(d) Federal Air Marshal Service Coordination.--
(1) In general.--The Administrator of the Transportation
Security Administration shall ensure that the Transportation
Security Administration's intelligence-based screening rules
are incorporated in the risk analysis conducted during the
Federal Air Marshal mission scheduling process.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the
Transportation Security Administration shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on how the
Transportation Security Administration's intelligence-based
screening rules are incorporated in the risk analysis
conducted during the Federal Air Marshal mission scheduling
process.
(e) GAO Report.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a study
on the Transportation Security Administration's intelligence-
based screening rules and the effectiveness of such rules in
identifying and mitigating potential threats to aviation
security. Such study shall also examine coordination between
the Transportation Security Administration, the Department of
Homeland Security, and other relevant partners relating to
changing, updating, implementing, or suspending such rules as
necessary.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Katko) and the gentleman from Mississippi (Mr. Thompson) each
will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. KATKO. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include any extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this legislation seeks to expand the Department of
Homeland Security's Traveler Redress Inquiry Program, commonly referred
to as TRIP, to assist travelers who feel that they have been repeatedly
selected for enhanced screening in an unfair manner.
Currently, the TRIP process only provides redress to individuals who
have been placed on the no-fly list. However, for reasons unknown to
the individual, they can be perpetually selected for enhanced screening
without any opportunity to correct the record, if he or she fails, that
this is due to an error.
This issue first came to our attention when an individual who works
for a Washington, D.C.-based nonprofit organization alerted the
committee that he had been subject to enhanced pat-downs by TSA agents
every time he traveled through an airport for over 3 years.
Although he twice submitted inquiries to the Department of Homeland
Security through the TRIP process, he remained unable to obtain
information as to why he was currently getting flagged as a potential
security threat at the airport.
As you can imagine, this can cause a great deal of stress and worry
for someone who feels that they have been targeted by the U.S.
Government for unknown reasons.
After continued prodding of TSA by my subcommittee staff, this
individual, a U.S. citizen, was cleared by Homeland Security and is now
able to travel hassle free.
Unfortunately, this example is not an isolated case. Several weeks
ago, a member of the committee staff also was repeatedly selected for
enhanced
[[Page H4976]]
screening on multiple flights after traveling to the Middle East as
part of an official congressional staff delegation.
When my staff looked into this case, the staffer had been mistakenly
flagged for enhanced screening due to erroneous information that was
entered into the Terrorist Screening Database, or TSDB.
As these anecdotes demonstrate, Homeland Security needs to establish
a formal mechanism to handle these cases. My legislation requires the
Department to do just that.
I would like to thank Chairman McCaul, Congressmen King and Vela, and
Congresswoman Watson Coleman for their support of this bipartisan
legislation. I thank the Speaker for allowing today's consideration of
the bill, and I encourage my colleagues to support this bill.
Mr. Speaker, I reserve the balance of my time.
{time} 1815
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, I rise in support of H.R. 2132, the Traveler Redress
Improvement Act of 2017.
Mr. Speaker, the American flying public has seen many changes in how
aviation security is handled since the devastating morning of September
11, 2001. Among the most prominent changes has been the screening of
passenger names against the so-called no-fly list that contains the
information on tens of thousands of people who are deemed by our
intelligence and law enforcement community as threats to aviation.
H.R. 2132 seeks to ensure a traveler, who has repeatedly received
enhanced security screening at Transportation Security Administration
checkpoints and believes they have wrongly been identified as posing a
threat to aviation security, can receive timely redress from the
Department of Homeland Security's Traveler Redress Inquiry Program, or
DHS TRIP program.
Specifically, this bill directs TSA to ensure that an individual who
has received enhanced screening from TSA more than three times in a 60-
day period can access the Department's redress process.
This bipartisan bill, which was unanimously approved by the Homeland
Security Committee on May 3, is informed by the committee's oversight
finding. As such, I support the bill and urge my colleagues to join me
in passing this measure to increase transparency and accountability on
behalf of travelers.
Mr. Speaker, in closing, H.R. 2132, the Traveler Redress Improvement
Act of 2017, would improve DHS redress processes for passengers who
have repeatedly been selected for enhanced security screening and feel
they have been wrongly identified as posing a threat to aviation
security.
While TSA has a duty to protect classified and sensitive information
from those who wish to do us harm, we must ensure TSA's operations are
transparent as they can be for the vast majority of passengers who are
simply trying to travel from point A to point B with as little stress
as possible.
Before I yield back, I thank Subcommittee Chairman Katko and Ranking
Member Watson Coleman for their long and enduring work on this bill.
Mr. Speaker, I urge my colleagues to support the bill, and I yield
back the balance of my time.
Mr. KATKO. Mr. Speaker, I yield myself the balance of my time.
Before I close, I want to note briefly that this is yet another bill
that has come out of Homeland Security that has been done so in a
purely bipartisan manner. I think that serves as an example of how
Congress can abide, going forward, in getting things done, big issues
and small. There are no small issues when it comes to terrorism, but we
seem to be united in our quest to make this country as safe as we can.
Mr. Speaker, I urge my colleagues once again to support H.R. 2132, as
amended, and I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Homeland
Security Committee, I rise in support of H.R. 2132, ``Traveler Redress
Improvement Act of 2017,'' which requires the implementation of a
redress process and review of the Transportation Security
Administration's intelligence-based screening rules for aviation
security.
The DHS Traveler Redress Inquiry Program (DHS TRIP) provides a
redress process for individuals who have been denied or delayed airline
boarding, entry into or exit from the United States at a port of entry
or border crossing, or have been repeatedly referred for additional
(secondary) screening.
I thank the Committee for accepting the Jackson Lee Amendment to H.R.
2132, which extends the time for GAO to submit its report from 180 days
to one year.
The Jackson Lee Amendment gives GAO additional time to do its work
after TSA concludes its work on the Privacy Impact Assessment for the
Secure Flight program.
In 2015, there were 178 days when TSA screened more than 2 million
passengers in a single day.
George Bush International and William P. Hobby Airports are essential
hubs for domestic and international air travel for Houston and the
region.
Nearly 40 million passengers traveled through Bush International
Airport (IAH) and an additional 10 million traveled through William P.
Hobby (HOU).
Persons who routinely undergo secondary screening or incur delays in
boarding flights only have the DHS TRIP as their sole means of redress.
DHS TRIP is a single point of contact for individuals who have
inquiries or seek resolution regarding travel difficulties that may be
caused by watch list issues, screening problems at ports of entry, and
situations where travelers believe they have been unfairly or
incorrectly delayed, denied boarding or identified for additional
screening at our nation's transportation hubs.
H.R. 2132 requires TSA, to report within 18o days on the
implementation of the redress process to the Committee on Homeland
Security of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
TSA is also required to review and update the Privacy Impact
Assessment Act for the Secure Flight programs in order to make sure
this assessment reflects the operation of the DHS TRIP.
As an added measure to ensure DHS TRIP has the most up to date
information, the TSA Assistant Administrator of the Office of
Intelligence Analysis must conduct a comprehensive review of TSA's
intelligence-based screening rules every 120 days.
Once this review is completed, the Office of Intelligence Analysis of
TSA has 48 hours to notify relevant DHS offices if there is any change,
update, implementation, or suspension of any rule or method.
Reviewing the screening rules allows TSA to keep the methods that are
used for security as up to date as possible and to ensure that air
travelers are treated fairly.
I am a strong proponent of privacy, civil liberties, and due process.
The Federal Privacy Act assures that when agencies use electronic
databases to collect, retain, process, or make decisions regarding-U.S.
citizens that their privacy is protected.
I ask my colleagues from both sides of the aisle to vote in support
of H.R. 2132.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Katko) that the House suspend the rules
and pass the bill, H.R. 2132, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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