[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3392 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3392

 To amend the Homeland Security Act of 2002 to establish an appeal and 
   redress process for passengers wrongly delayed or prohibited from 
 boarding a flight, or denied a right, benefit, or privilege, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2008

 Ms. Klobuchar (for herself, Mr. Thune, Mr. Leahy, Mrs. McCaskill, and 
Mr. Voinovich) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend the Homeland Security Act of 2002 to establish an appeal and 
   redress process for passengers wrongly delayed or prohibited from 
 boarding a flight, or denied a right, benefit, or privilege, 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 ``Fair, Accurate, Secure, and Timely 
Redress Act of 2008'' or the ``FAST Redress Act of 2008''.

SEC. 2. ESTABLISHMENT OF APPEAL AND REDRESS PROCESS FOR PASSENGERS 
              WRONGLY DELAYED OR PROHIBITED FROM BOARDING A FLIGHT, OR 
              DENIED A RIGHT, BENEFIT, OR PRIVILEGE.

    (a) In General.--Subtitle H of title VIII of the Homeland Security 
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the 
following:

``SEC. 890. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED 
              OR PROHIBITED FROM BOARDING A FLIGHT, OR DENIED A RIGHT, 
              BENEFIT, OR PRIVILEGE.

    ``(a) Establishment.--Not later than 30 days after the date of the 
enactment of this section, the Secretary shall establish a fair and 
timely process for individuals who believe they were delayed or 
prohibited from boarding a commercial aircraft or denied a right, 
benefit, or privilege because they were wrongly identified as a threat 
when screened against any terrorist watchlist or database used by the 
Transportation Security Administration or any office or component of 
the Department.
    ``(b) Office of Appeals and Redress.--
            ``(1) Establishment.--
                    ``(A) In general.--The Secretary shall establish in 
                the Department an Office of Appeals and Redress 
                (referred to in this section as the `Office') to 
                implement, coordinate, and execute the process 
                established by the Secretary pursuant to subsection 
                (a).
                    ``(B) Representation.--The Office shall include 
                representatives from the Transportation Security 
                Administration and such other offices and components of 
                the Department as the Secretary determines appropriate.
            ``(2) Comprehensive cleared list.--The process established 
        by the Secretary pursuant to subsection (a) shall include the 
        establishment of a method by which the Office, under the 
        direction of the Secretary, shall maintain and appropriately 
        disseminate a comprehensive list, to be known as the 
        `Comprehensive Cleared List', of individuals who--
                    ``(A) were misidentified as an individual on any 
                terrorist watchlist or database;
                    ``(B) completed an appeal and redress request 
                approved by the Department and provided such additional 
                information as required by the Department to verify the 
                individuals' identities; and
                    ``(C) permit the use of their personally 
                identifiable information to be shared between multiple 
                components of the Department for purposes of this 
                section.
            ``(3) Use of comprehensive cleared list.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Secretary shall--
                            ``(i) transmit the Comprehensive Cleared 
                        List and any other information the Secretary 
                        determines necessary to resolve 
                        misidentifications and improve the 
                        administration of the advanced passenger 
                        prescreening system and reduce the number of 
                        false positives--
                                    ``(I) to the Transportation 
                                Security Administration or any other 
                                appropriate office or component of the 
                                Department;
                                    ``(II) other Federal, State, local, 
                                and tribal entities; and
                                    ``(III) domestic air carriers and 
                                foreign air carriers that use any 
                                terrorist watchlist or database; and
                            ``(ii) ensure that the Comprehensive 
                        Cleared List is taken into account by all 
                        appropriate offices or components of the 
                        Department when assessing the security risk of 
                        an individual.
                    ``(B) Termination.--
                            ``(i) In general.--The transmission of the 
                        Comprehensive Cleared List to domestic air 
                        carriers and foreign air carriers under 
                        subparagraph (A)(i)(III) shall terminate on the 
                        date on which the Federal Government assumes 
                        terrorist watchlist or database screening 
                        functions.
                            ``(ii) Written notification to congress.--
                        Not later than 15 days after the date described 
                        in clause (i), the Secretary shall submit 
                        written notification of such termination to--
                                    ``(I) the Committee on Commerce, 
                                Science, and Transportation of the 
                                Senate;
                                    ``(II) the Committee on Homeland 
                                Security and Governmental Affairs of 
                                the Senate; and
                                    ``(III) the Committee on Homeland 
                                Security of the House of 
                                Representatives.
            ``(4) Intergovernmental efforts.--The Secretary may--
                    ``(A) enter into memoranda of understanding with 
                other Federal, State, local, and tribal agencies or 
                entities, as necessary, to improve the appeal and 
                redress process, to verify an individual's identity and 
                personally identifiable information, and for other 
                purposes; and
                    ``(B) work with other Federal, State, local, and 
                tribal agencies or entities that use any terrorist 
                watchlist or database to ensure, to the greatest extent 
                practicable, that the Comprehensive Cleared List is 
                considered when assessing the security risk of an 
                individual.
            ``(5) Handling of personally identifiable information.--The 
        Secretary, in conjunction with the Chief Privacy Officer of the 
        Department, shall--
                    ``(A) require that employees of the Department 
                handling personally identifiable information of 
                individuals complete mandatory privacy and security 
                training before being authorized to handle personally 
                identifiable information of individuals;
                    ``(B) ensure that the information maintained under 
                this subsection is secured by encryption, including 
                one-way hashing, data anonymization techniques, or such 
                other equivalent technical security protections to the 
                extent the Secretary determines necessary;
                    ``(C) limit the information collected from 
                misidentified passengers or other individuals to the 
                minimum amount necessary to resolve an appeal and 
                redress request;
                    ``(D) ensure that the information maintained under 
                this subsection is shared or transferred via an 
                encrypted data network that has been audited to ensure 
                that the anti-hacking and other security related 
                software functions perform properly and are updated as 
                necessary;
                    ``(E) ensure that any employee of the Department 
                receiving the information maintained under this 
                subsection handles such information in accordance with 
                section 552a of title 5, United States Code, subchapter 
                II of chapter 35 of title 44, United States Code, 
                section 11331 of title 40, United States Code, and 
                other applicable laws;
                    ``(F) only retain the information maintained under 
                this subsection for as long as needed to assist the 
                individual traveler in the appeal and redress process;
                    ``(G) engage in cooperative agreements with 
                appropriate Federal agencies and entities, on a 
                reimbursable basis, to ensure that legal name changes 
                are properly reflected in any terrorist watchlist or 
                database and the Comprehensive Cleared List to improve 
                the appeal and redress process and to ensure the most 
                accurate lists of identifications possible (except that 
                section 552a of title 5, United States Code, shall not 
                prohibit the sharing of legal name changes among 
                Federal agencies and entities for the purposes of this 
                section); and
                    ``(H) conduct and publish a privacy impact 
                assessment of the appeal and redress process 
                established under this section and submit the 
                assessment to--
                            ``(i) the Committee on Commerce, Science, 
                        and Transportation of the Senate;
                            ``(ii) the Committee on Homeland Security 
                        and Governmental Affairs of the Senate; and
                            ``(iii) the Committee on Homeland Security 
                        of the House of Representatives.
            ``(6) Initiation of appeal and redress process at 
        airports.--
                    ``(A) In general.--The Office shall provide written 
                information to air carrier passengers at each airport 
                at which the Department has a presence on how to begin 
                the appeal and redress process established pursuant to 
                subsection (a).
                    ``(B) Airports with significant department 
                presence.--The Office shall ensure that a 
                Transportation Security Administration supervisor who 
                is trained in such appeal and redress process is 
                available at each airport at which the Department has a 
                significant presence to provide support to air carrier 
                passengers in need of guidance concerning such process.
    ``(c) Terrorist Watchlist or Database Defined.--In this section, 
the term `terrorist watchlist or database' means any terrorist 
watchlist or database used by the Transportation Security 
Administration or any office or component of the Department or 
specified in Homeland Security Presidential Directive 6, in effect as 
of the date of the enactment of this section.''.
    (b) Incorporation of Secure Flight.--Section 44903(j)(2) of title 
49, United States Code, is amended--
            (1) in subparagraph (C)(iii)--
                    (A) by redesignating subclauses (II) through (VII) 
                as subclauses (III) through (VIII), respectively; and
                    (B) by inserting after subclause (I) the following:
                                    ``(II) ensure, not later than 30 
                                days after the date of the enactment of 
                                the FAST Redress Act of 2008, that the 
                                procedure established under subclause 
                                (I) is incorporated into the appeals 
                                and redress process established under 
                                section 890 of the Homeland Security 
                                Act of 2002;'';
            (2) in subparagraph (E)(iii), by inserting ``, in 
        accordance with the appeals and redress process established 
        under section 890(a) of the Homeland Security Act of 2002'' 
        before the period at the end; and
            (3) in subparagraph (G)--
                    (A) in clause (i), by adding at the end the 
                following: ``The Assistant Secretary shall incorporate 
                the process established pursuant to this clause into 
                the appeals and redress process established under 
                section 890(a) of the Homeland Security Act of 2002.''; 
                and
                    (B) in clause (ii), by adding at the end the 
                following: ``The Assistant Secretary shall incorporate 
                the record established and maintained pursuant to this 
                clause into the Comprehensive Cleared List established 
                and maintained under section 890(b)(2) of the Homeland 
                Security Act of 2002.''.
    (c) Report to Congress.--
            (1) In general.--Not later than 240 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall submit to the Committee on Commerce, Science, and 
        Transportation of the Senate, the Committee on Homeland 
        Security and Governmental Affairs of the Senate, and the 
        Committee on Homeland Security of the House of Representatives 
        a report on the status of information sharing among users at 
        the Department of Homeland Security of any terrorist watchlist 
        or database.
            (2) Contents.--The report required by paragraph (1) shall 
        include the following information:
                    (A) A description of the processes and the status 
                of the implementation of section 890 of the Homeland 
                Security Act of 2002, as added by subsection (a), to 
                share the Comprehensive Cleared List required by 
                section 890(b)(2) of such Act with other offices and 
                components of the Department of Homeland Security and 
                other Federal, State, local, and tribal authorities 
                that utilize any terrorist watchlist or database.
                    (B) A description of the extent to which such other 
                offices and components of the Department of Homeland 
                Security are taking into account the Comprehensive 
                Cleared List.
                    (C) Data on the number of individuals who have 
                sought and successfully obtained redress through the 
                Office of Appeals and Redress established under section 
                890(b)(1) of the Homeland Security Act of 2002, as 
                added by subsection (a).
                    (D) Data on the number of individuals who have 
                sought and were denied redress through the Office of 
                Appeals and Redress.
                    (E) An assessment of what impact information 
                sharing of the Comprehensive Cleared List has had on 
                misidentifications of individuals who have successfully 
                obtained redress through the Office of Appeals and 
                Redress.
                    (F) An updated privacy impact assessment.
            (3) Terrorist watchlist or database defined.--In this 
        subsection, the term ``terrorist watchlist or database'' has 
        the meaning given the term in section 890(c) of the Homeland 
        Security Act of 2002, as added by subsection (a) of this 
        section.
    (d) Conforming Amendment.--Title 49, United States Code, is amended 
by striking section 44926 (and the item relating to such section in the 
analysis for chapter 449 of title 49).
    (e) Clerical Amendment.--Section 1(b) of the Homeland Security Act 
of 2002 (6 U.S.C. 101(b)) is amended by striking the item relating to 
section 890 and inserting the following:

``Sec. 890. Appeal and redress process for passengers wrongly delayed 
                            or prohibited from boarding a flight, or 
                            denied a right, benefit, or privilege.''.
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