Section 1. Short title
This Act may be cited as the Transparency in National Security Threats Act.
Section 2. Required provision of memorandum of understanding
Not later than 30 days after the date of enactment of this Act, the Attorney General shall submit to the appropriate committees the memorandum of understanding entitled Integration and Use of Screening Information to Protect Against Terrorism, effective September 16, 2003, and any successor memoranda.
(a) Monthly reports
Subject to subsection (e) and not later than 30 days after the date of enactment of this Act, and every month thereafter, the Attorney General, in consultation with the Secretary of Homeland Security, shall submit to the appropriate committees a report, including, with respect to encounters, apprehensions, and arrests during the month immediately preceding the date of the report, the following information:
(1) The total number of covered aliens, disaggregated by the geographic region of the encounter, apprehension, or arrest.
(2) The number of covered aliens who were paroled, admitted, or otherwise released into the United States.
(3) The citizenship of the covered aliens.
(b) Additional information
The report under subsection (a) shall also contain, disaggregated by each covered alien, the following information:
(1) The geographic region of encounter, apprehension, or arrest for each covered alien.
(2) The derogatory information causing each covered alien to be included in the terrorist screening database.
(3) The criminal history of each covered alien.
(4) If the covered alien was paroled, admitted, or otherwise released into the United States.
(5) The citizenship of each covered alien.
(6) The immigration status of each covered alien and any previous immigration status of such alien, if any.
(7) Case history information on each covered alien, including the alien’s immigration history, any applications made for an immigration benefit by the alien, and the alien file.
(8) The detention status of each covered alien.
(9) For each covered alien who is not detained, the location of the covered alien at the time of the applicable report and, if such covered alien is enrolled in an alternative to detention program, the type of alternatives to detention on which such covered alien has been placed.
(10) For each covered alien in the United States, whether the covered alien has been placed in removal proceedings and, for each covered alien not placed in removal proceedings, an explanation of the reason such covered alien was not placed in such proceedings.
(11) The number of covered aliens removed from the United States, disaggregated by the country to which each alien was removed.
(c) Publication
Not later than 30 days after the date of enactment of this Act, and every month thereafter, the Attorney General, in coordination with the Secretary of Homeland Security, shall publish, on a publicly accessible website the information in paragraphs (1), (2), and (3) of subsection (a) for the month immediately preceding the date of the report.
(d) Instance reports
Subject to subsection (e) and beginning not later than 30 days after the date of enactment of this Act, and within 96 hours of each encounter, apprehension, or arrest of a covered alien, the Attorney General, in coordination with the Secretary of Homeland Security, shall notify the appropriate committees of any such encounter, apprehension, or arrest. The notification shall include the following:
(1) The derogatory information causing each covered alien to be included in the terrorist screening database.
(2) The citizenship of the covered alien.
(3) The geographic region where the covered alien was encountered, apprehended, or arrested.
(4) The detention status of each covered alien.
(e) Classification
Only the following may be submitted in a classified setting:
(1) Any information described in subsection (b)(2).
(2) Any information described in subsection (d)(1).
(a) In general
Not later than 30 days after the date of enactment of this Act, the Attorney General shall provide to the appropriate committees the special interest countries list.
(b) Revision
Not later than 30 days after any revision to the special interest countries list, the Attorney General shall notify the appropriate committees of such revision.
Section 5. Required reporting on encounters
Not later than 30 days after the date of enactment of this Act, and every month thereafter, the Secretary of Homeland Security shall publish on a publicly accessible website the number of aliens, disaggregated by citizenship, who—
(1) are inadmissible under the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)); and
(2) during the month immediately preceding the date of publication, were encountered by the Secretary of Homeland Security along the United States border.
Section 6. Definitions
In this Act:
(1) Alien
The term alien shall have the meaning given such term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).
(2) Appropriate committees
The term appropriate committees means the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate.
(3) Covered alien
The term covered alien means an alien—
(A) who is encountered, apprehended, or arrested by the Secretary of Homeland Security; and
(B) whose identifying information is found to be included within the terrorist screening database.
(4) Terrorist screening database
The term terrorist screening database shall have the meaning given such term in section 2101 of the Homeland Security Act of 2002 (6 U.S.C. 621).
(5) Special interest country list
The term special interest country list means the list maintained by the Director of the Federal Bureau of Investigation that identifies any country determined by the Director to be a country of special interest.