II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair, Accurate, Secure, 

5 and Timely Redress Act of 2008’’ or the ‘‘FAST Redress 

6 Act of 2008’’. 


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1 SEC. 2. ESTABLISHMENT OF APPEAL AND REDRESS PROC2 ESS FOR PASSENGERS WRONGLY DELAYED 

3 OR PROHIBITED FROM BOARDING A FLIGHT, 

4 OR DENIED A RIGHT, BENEFIT, OR PRIVI5 LEGE. 

6 (a) IN GENERAL.—Subtitle H of title VIII of the 

7 Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) 

8 is amended by adding at the end the following: 

9 ‘‘SEC. 890. APPEAL AND REDRESS PROCESS FOR PAS10 SENGERS WRONGLY DELAYED OR PROHIB11 ITED FROM BOARDING A FLIGHT, OR DENIED 

12 A RIGHT, BENEFIT, OR PRIVILEGE. 

13 ‘‘(a) ESTABLISHMENT.—Not later than 30 days after 

14 the date of the enactment of this section, the Secretary 

15 shall establish a fair and timely process for individuals 

16 who believe they were delayed or prohibited from boarding 

17 a commercial aircraft or denied a right, benefit, or privi18 lege because they were wrongly identified as a threat when 

19 screened against any terrorist watchlist or database used 

20 by the Transportation Security Administration or any of21 fice or component of the Department. 

22 ‘‘(b) OFFICE OF APPEALS AND REDRESS.— 

23 ‘‘(1) ESTABLISHMENT.— 

24 ‘‘(A) IN GENERAL.—The Secretary shall 

25 establish in the Department an Office of Ap26 peals and Redress (referred to in this section as 


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1 the ‘Office’) to implement, coordinate, and exe2 cute the process established by the Secretary 

3 pursuant to subsection (a). 

4 ‘‘(B) REPRESENTATION.—The Office shall 

5 include representatives from the Transportation 

6 Security Administration and such other offices 

7 and components of the Department as the Sec8 retary determines appropriate. 

9 ‘‘(2) COMPREHENSIVE CLEARED LIST.—The 

10 process established by the Secretary pursuant to 

11 subsection (a) shall include the establishment of a 

12 method by which the Office, under the direction of 

13 the Secretary, shall maintain and appropriately dis14 seminate a comprehensive list, to be known as the 

15 ‘Comprehensive Cleared List’, of individuals who— 

16 ‘‘(A) were misidentified as an individual on 

17 any terrorist watchlist or database; 

18 ‘‘(B) completed an appeal and redress re19 quest approved by the Department and pro20 vided such additional information as required 

21 by the Department to verify the individuals’ 

22 identities; and 

23 ‘‘(C) permit the use of their personally 

24 identifiable information to be shared between 


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1 multiple components of the Department for 

2 purposes of this section. 

3 ‘‘(3) USE OF COMPREHENSIVE CLEARED

4 LIST.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B), the Secretary shall— 

7 ‘‘(i) transmit the Comprehensive 

8 Cleared List and any other information the 

9 Secretary determines necessary to resolve 

10 misidentifications and improve the admin11 istration of the advanced passenger 

12 prescreening system and reduce the num13 ber of false positives— 

14 ‘‘(I) to the Transportation Secu15 rity Administration or any other ap16 propriate office or component of the 

17 Department; 

18 ‘‘(II) other Federal, State, local, 

19 and tribal entities; and 

20 ‘‘(III) domestic air carriers and 

21 foreign air carriers that use any ter22 rorist watchlist or database; and 

23 ‘‘(ii) ensure that the Comprehensive 

24 Cleared List is taken into account by all 

25 appropriate offices or components of the 


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1 Department when assessing the security 

2 risk of an individual. 

3 ‘‘(B) TERMINATION.— 

4 ‘‘(i) IN GENERAL.—The transmission 

5 of the Comprehensive Cleared List to do6 mestic air carriers and foreign air carriers 

7 under subparagraph (A)(i)(III) shall termi8 nate on the date on which the Federal 

9 Government assumes terrorist watchlist or 

10 database screening functions. 

11 ‘‘(ii) WRITTEN NOTIFICATION TO CON12 GRESS.—Not later than 15 days after the 

13 date described in clause (i), the Secretary 

14 shall submit written notification of such 

15 termination to— 

16 ‘‘(I) the Committee on Com17 merce, Science, and Transportation of 

18 the Senate; 

19 ‘‘(II) the Committee on Home20 land Security and Governmental Af21 fairs of the Senate; and 

22 ‘‘(III) the Committee on Home23 land Security of the House of Rep24 resentatives. 


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1 ‘‘(4) INTERGOVERNMENTAL EFFORTS.—The 

2 Secretary may— 

3 ‘‘(A) enter into memoranda of under4 standing with other Federal, State, local, and 

5 tribal agencies or entities, as necessary, to im6 prove the appeal and redress process, to verify 

7 an individual’s identity and personally identifi8 able information, and for other purposes; and 

9 ‘‘(B) work with other Federal, State, local, 

10 and tribal agencies or entities that use any ter11 rorist watchlist or database to ensure, to the 

12 greatest extent practicable, that the Com13 prehensive Cleared List is considered when as14 sessing the security risk of an individual. 

15 ‘‘(5) HANDLING OF PERSONALLY IDENTIFIABLE

16 INFORMATION.—The Secretary, in conjunction with 

17 the Chief Privacy Officer of the Department, shall— 

18 ‘‘(A) require that employees of the Depart19 ment handling personally identifiable informa20 tion of individuals complete mandatory privacy 

21 and security training before being authorized to 

22 handle personally identifiable information of in23 dividuals; 

24 ‘‘(B) ensure that the information main25 tained under this subsection is secured by 


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1 encryption, including one-way hashing, data 

2 anonymization techniques, or such other equiva3 lent technical security protections to the extent 

4 the Secretary determines necessary; 

5 ‘‘(C) limit the information collected from 

6 misidentified passengers or other individuals to 

7 the minimum amount necessary to resolve an 

8 appeal and redress request; 

9 ‘‘(D) ensure that the information main10 tained under this subsection is shared or trans11 ferred via an encrypted data network that has 

12 been audited to ensure that the anti-hacking 

13 and other security related software functions 

14 perform properly and are updated as necessary; 

15 ‘‘(E) ensure that any employee of the De16 partment receiving the information maintained 

17 under this subsection handles such information 

18 in accordance with section 552a of title 5, 

19 United States Code, subchapter II of chapter 

20 35 of title 44, United States Code, section 

21 11331 of title 40, United States Code, and 

22 other applicable laws; 

23 ‘‘(F) only retain the information main24 tained under this subsection for as long as 


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1 needed to assist the individual traveler in the 

2 appeal and redress process; 

3 ‘‘(G) engage in cooperative agreements 

4 with appropriate Federal agencies and entities, 

5 on a reimbursable basis, to ensure that legal 

6 name changes are properly reflected in any ter7 rorist watchlist or database and the Com8 prehensive Cleared List to improve the appeal 

9 and redress process and to ensure the most ac10 curate lists of identifications possible (except 

11 that section 552a of title 5, United States 

12 Code, shall not prohibit the sharing of legal 

13 name changes among Federal agencies and en14 tities for the purposes of this section); and 

15 ‘‘(H) conduct and publish a privacy impact 

16 assessment of the appeal and redress process 

17 established under this section and submit the 

18 assessment to— 

19 ‘‘(i) the Committee on Commerce, 

20 Science, and Transportation of the Senate; 

21 ‘‘(ii) the Committee on Homeland Se22 curity and Governmental Affairs of the 

23 Senate; and 

24 ‘‘(iii) the Committee on Homeland Se25 curity of the House of Representatives. 


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1 ‘‘(6) INITIATION OF APPEAL AND REDRESS

2 PROCESS AT AIRPORTS.— 

3 ‘‘(A) IN GENERAL.—The Office shall pro4 vide written information to air carrier pas5 sengers at each airport at which the Depart6 ment has a presence on how to begin the appeal 

7 and redress process established pursuant to 

8 subsection (a). 

9 ‘‘(B) AIRPORTS WITH SIGNIFICANT DE10 PARTMENT PRESENCE.—The Office shall ensure 

11 that a Transportation Security Administration 

12 supervisor who is trained in such appeal and re13 dress process is available at each airport at 

14 which the Department has a significant pres15 ence to provide support to air carrier pas16 sengers in need of guidance concerning such 

17 process. 

18 ‘‘(c) TERRORIST WATCHLIST OR DATABASE DE19 FINED.—In this section, the term ‘terrorist watchlist or 

20 database’ means any terrorist watchlist or database used 

21 by the Transportation Security Administration or any of22 fice or component of the Department or specified in 

23 Homeland Security Presidential Directive 6, in effect as 

24 of the date of the enactment of this section.’’. 


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1 (b) INCORPORATION OF SECURE FLIGHT.—Section 

2 44903(j)(2) of title 49, United States Code, is amended— 

3 (1) in subparagraph (C)(iii)— 

4 (A) by redesignating subclauses (II) 

5 through (VII) as subclauses (III) through 

6 (VIII), respectively; and 

7 (B) by inserting after subclause (I) the fol8 lowing: 

9 ‘‘(II) ensure, not later than 30 

10 days after the date of the enactment 

11 of the FAST Redress Act of 2008, 

12 that the procedure established under 

13 subclause (I) is incorporated into the 

14 appeals and redress process estab15 lished under section 890 of the Home16 land Security Act of 2002;’’; 

17 (2) in subparagraph (E)(iii), by inserting ‘‘, in 

18 accordance with the appeals and redress process es19 tablished under section 890(a) of the Homeland Se20 curity Act of 2002’’ before the period at the end; 

21 and 

22 (3) in subparagraph (G)— 

23 (A) in clause (i), by adding at the end the 

24 following: ‘‘The Assistant Secretary shall incor25 porate the process established pursuant to this 


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1 clause into the appeals and redress process es2 tablished under section 890(a) of the Homeland 

3 Security Act of 2002.’’; and 

4 (B) in clause (ii), by adding at the end the 

5 following: ‘‘The Assistant Secretary shall incor6 porate the record established and maintained 

7 pursuant to this clause into the Comprehensive 

8 Cleared List established and maintained under 

9 section 890(b)(2) of the Homeland Security Act 

10 of 2002.’’. 

11 (c) REPORT TO CONGRESS.— 

12 (1) IN GENERAL.—Not later than 240 days 

13 after the date of the enactment of this Act, the Sec14 retary of Homeland Security shall submit to the 

15 Committee on Commerce, Science, and Transpor16 tation of the Senate, the Committee on Homeland 

17 Security and Governmental Affairs of the Senate, 

18 and the Committee on Homeland Security of the 

19 House of Representatives a report on the status of 

20 information sharing among users at the Department 

21 of Homeland Security of any terrorist watchlist or 

22 database. 

23 (2) CONTENTS.—The report required by para24 graph (1) shall include the following information: 


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1 (A) A description of the processes and the 

2 status of the implementation of section 890 of 

3 the Homeland Security Act of 2002, as added 

4 by subsection (a), to share the Comprehensive 

5 Cleared List required by section 890(b)(2) of 

6 such Act with other offices and components of 

7 the Department of Homeland Security and 

8 other Federal, State, local, and tribal authori9 ties that utilize any terrorist watchlist or data10 base. 

11 (B) A description of the extent to which 

12 such other offices and components of the De13 partment of Homeland Security are taking into 

14 account the Comprehensive Cleared List. 

15 (C) Data on the number of individuals who 

16 have sought and successfully obtained redress 

17 through the Office of Appeals and Redress es18 tablished under section 890(b)(1) of the Home19 land Security Act of 2002, as added by sub20 section (a). 

21 (D) Data on the number of individuals 

22 who have sought and were denied redress 

23 through the Office of Appeals and Redress. 

24 (E) An assessment of what impact infor25 mation sharing of the Comprehensive Cleared 


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1 List has had on misidentifications of individuals 

2 who have successfully obtained redress through 

3 the Office of Appeals and Redress. 

4 (F) An updated privacy impact assess5 ment. 

6 (3) TERRORIST WATCHLIST OR DATABASE DE7 FINED.—In this subsection, the term ‘‘terrorist 

8 watchlist or database’’ has the meaning given the 

9 term in section 890(c) of the Homeland Security Act 

10 of 2002, as added by subsection (a) of this section. 

11 (d) CONFORMING AMENDMENT.—Title 49, United 

12 States Code, is amended by striking section 44926 (and 

13 the item relating to such section in the analysis for chap14 ter 449 of title 49). 

15 (e) CLERICAL AMENDMENT.—Section 1(b) of the 

16 Homeland Security Act of 2002 (6 U.S.C. 101(b)) is 

17 amended by striking the item relating to section 890 and 

18 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.’’. 

Æ 


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