[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4179 Reported in House (RH)]
Union Calendar No. 430
110th CONGRESS
2d Session
H. R. 4179
[Report No. 110-686]
To amend the Homeland Security Act of 2002 to establish an appeal and
redress process for individuals wrongly delayed or prohibited from
boarding a flight, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 14, 2007
Ms. Clarke (for herself, Mr. Thompson of Mississippi, Ms. Jackson-Lee
of Texas, Mr. Perlmutter, Mr. Carney, Ms. Norton, Mr. Al Green of
Texas, Mr. Pascrell, Mrs. Christensen, Mr. Cuellar, and Ms. Loretta
Sanchez of California) introduced the following bill; which was
referred to the Committee on Homeland Security
June 5, 2008
Additional sponsors: Mr. Higgins, Mr. Gonzalez, Ms. Zoe Lofgren of
California, Mrs. Lowey, Ms. Linda T. Sanchez of California, and Mr.
McDermott
June 5, 2008
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
November 14, 2007]
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to establish an appeal and
redress process for individuals wrongly delayed or prohibited from
boarding a flight, 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 INDIVIDUALS
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 new section:
``SEC. 890A. 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 timely and
fair 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 (TSA) or any office or component
of the Department.
``(b) Office of Appeals and Redress.--
``(1) Establishment.--The Secretary shall establish in the
Department an Office of Appeals and Redress to implement,
coordinate, and execute the process established by the
Secretary pursuant to subsection (a). The Office shall include
representatives from the TSA 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, will 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 approved Department of Homeland
Security appeal and redress request and provided such
additional information as required by the Department to
verify the individual's identity; and
``(C) permit the use of their personally
identifiable information to be shared between multiple
Departmental components for purposes of this section.
``(3) Use of comprehensive cleared list.--
``(A) In general.--The Secretary shall--
``(i) except as provided in subparagraph
(B), transmit to the TSA or any other
appropriate office or component of the
Department, other Federal, State, local, and
tribal entities, and domestic air carriers and
foreign air carriers that use any terrorist
watchlist or database, 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; 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 clause
(i) of subparagraph (A) 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 on which
the transmission of the Comprehensive Cleared
List to the air carriers referred to in clause
(i) of this subparagraph terminates in
accordance with such clause, the Secretary
shall provide written notification to the
Committee on Homeland Security of the House of
Representatives and the Committee on Commerce,
Science, and Transportation and the Committee
on Homeland Security and Governmental Affairs
of the Senate of such termination.
``(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 and for other purposes such as to
verify an individual's identity and personally
identifiable information; 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 Federal employees of the
Department handling personally identifiable information
of individuals (in this paragraph referred to as `PII')
complete mandatory privacy and security training prior
to being authorized to handle PII;
``(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 as 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, the
Federal Information Security Management Act of 2002
(Public Law 107-296), 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 transmit the
assessment to the Committee on Homeland Security of the
House of Representatives, and the Committee on
Commerce, Science, and Transportation and the Committee
on Homeland Security and Governmental Affairs of the
Senate.
``(6) Initiation of appeal and redress process at
airports.--At each airport at which--
``(A) the Department has a presence, the Office
shall provide written information to air carrier
passengers to begin the appeal and redress process
established pursuant to subsection (a); and
``(B) the Department has a significant presence,
provide the written information referred to in
subparagraph (A) and ensure a TSA supervisor who is
trained in such appeal and redress process is available
to provide support to air carrier passengers in need of
guidance concerning such process.
``(7) Report to congress.--Not later than 240 days after
the date of the enactment of this section, the Secretary shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the status of
information sharing among users at the Department of any
terrorist watchlist or database. The report shall include the
following information:
``(A) A description of the processes and the status
of the implementation of this section to share the
Comprehensive Cleared List with other Department
offices and components 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 Department offices and components 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.
``(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.
``(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 of Homeland
Security 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
new subclause:
``(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 890A of the Homeland Security
Act of 2002;'';
(2) in subparagraph (E)(iii), by inserting before the
period at the end the following: ``, in accordance with the
appeals and redress process established under section 890A of
the Homeland Security Act of 2002''; and
(3) in subparagraph (G)--
(A) in clause (i), by adding at the end the
following new sentence: ``The Assistant Secretary shall
incorporate the process established pursuant to this
clause into the appeals and redress process established
under section 890A of the Homeland Security Act of
2002.''; and
(B) in clause (ii), by adding at the end the
following new sentence: ``The Assistant Secretary shall
incorporate the record established and maintained
pursuant to this clause into the Comprehensive Cleared
List established and maintained under such section
890A.''.
(c) 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).
(d) Clerical Amendment.--Section 1(b) of the Homeland Security Act
of 2002 (6 U.S.C. 101(b)) is amended by adding after the item relating
to section 890 the following new item:
``Sec. 890A. Appeal and redress process for passengers wrongly delayed
or prohibited from boarding a flight, or
denied a right, benefit, or privilege.''.
Amend the title so as to read: ``A bill to amend the
Homeland Security Act of 2002 to establish an appeal and
redress process for individuals wrongly delayed or prohibited
from boarding a flight, or denied a right, benefit, or
privilege, and for other purposes.''.
Union Calendar No. 430
110th CONGRESS
2d Session
H. R. 4179
[Report No. 110-686]
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to establish an appeal and
redress process for individuals wrongly delayed or prohibited from
boarding a flight, and for other purposes.
_______________________________________________________________________
June 5, 2008
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed