[Congressional Record (Bound Edition), Volume 163 (2017), Part 7]
[House]
[Pages 9513-9515]
[From the U.S. 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

[[Page 9514]]

     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 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.

[[Page 9515]]

  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.

                          ____________________