[House Report 110-686]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-686

======================================================================



 
 FAIR, ACCURATE, SECURE, AND TIMELY REDRESS ACT OF 2008 (FAST REDRESS 
                              ACT OF 2008)

                                _______
                                

  June 5, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4179]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Homeland Security, to whom was referred the 
bill (H.R. 4179) 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, having considered the same, report favorably thereon 
with amendments and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     4
Background and Need for Legislation..............................     4
Hearings.........................................................     5
Committee Consideration..........................................     5
Committee Votes..................................................     6
Committee Oversight Findings.....................................     6
New Budget Authority, Entitlement Authority, and Tax Expenditures     6
Congressional Budget Office Estimate.............................     6
Statement of General Performance Goals and Objectives............     7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     7
Federal Mandates Statement.......................................     7
Advisory Committee Statement.....................................     8
Constitutional Authority Statement...............................     8
Applicability to Legislative Branch..............................     8
Section-by-Section Analysis of the Legislation...................     8
Changes in Existing Law Made by the Bill, as Reported............    10

  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                          Purpose and Summary

    The purpose of H.R. 4179 is 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.

                  Background and Need for Legislation

    Section 1606 of the Implementing 9/11 Commission 
Recommendations Act (P.L. 110-53) authorizes the establishment 
of an Office of Appeal and Redress for persons who believe they 
have been delayed or prohibited from boarding a commercial 
aircraft because they were wrongly identified as a threat under 
the regimes used by the Department of Homeland Security 
components such as the Transportation Security Administration 
(TSA) and the United States Customs and Border Protection 
(CBP). The Department of Homeland Security has established a 
redress process, the Traveler Redress Inquiry Program, known as 
``DHS TRIP'' for persons wrongly delayed or prohibited from 
boarding a flight. Once the identities of individuals who 
voluntarily submit additional personally identifiable 
information are established as non-threats, individuals who are 
``cleared'' are then placed on the Transportation Security 
Administration's cleared list, which is shared with the 
airlines. However, the cleared list is not being shared with 
other Departmental components and other Federal agencies and 
partners. This legislation addresses these issues.

                                Hearings

    On April 19, 2007, the Subcommittee on Transportation 
Security and Infrastructure Protection held a hearing entitled 
``Airport Security: The Necessary Improvements to Secure 
America's Airports.'' The Subcommittee received testimony from 
Hon. Edmund ``Kip'' Hawley, Assistant Secretary, Transportation 
Security Administration, Department of Homeland Security; Ms. 
Lauren Stover, Assistant Aviation Director for Security and 
Communications, Miami-Dade Aviation Department; Mr. Greg 
Principato, President, Airports Council International--North 
America; and Mr. William E. Holden, Senior Vice President of 
Operations, Covenant Homeland Security Solutions.
    On October 16, 2007, the Subcommittee on Transportation 
Security and Infrastructure Protection held a hearing entitled 
``Aviation Security: Are We Truly Protected?'' The Subcommittee 
received testimony from Ms. Cathleen A. Berrick, Director, 
Homeland Security and Justice Issues, Government Accountability 
Office; Hon. Edmund ``Kip'' Hawley, Assistant Secretary, 
Transportation Security Administration, Department of Homeland 
Security; and Mr. Franklin Hatfield, Director, System 
Operations Security Office, Federal Aviation Administration.
    On November 1, 2007, the Subcommittee on Transportation 
Security and Infrastructure Protection held a hearing entitled 
``Aviation Security Part II: A Frontline Perspective on the 
Need for Enhanced Human Resources and Equipment.'' The 
Subcommittee received testimony from Mr. John Gage, National 
President, American Federation of Government Employees, AFL-
CIO; Ms. Patricia A. Friend, International President, 
Association of Flight Attendants-CWA, AFL-CIO; and Mr. Robert 
Hesselbein, Chairman, National Security Committee, Air Line 
Pilots Association, International.

                        Committee Consideration

    H.R. 4179 was introduced in the House on November 14, 2007, 
by Ms. Clarke, Mr. Thompson of Mississippi, and nine original 
co-sponsors and referred solely to the Committee on Homeland 
Security. Within the Committee, H.R. 4179 was referred to the 
Subcommittee on Transportation Security and Infrastructure 
Protection.
    The Subcommittee on Transportation Security and 
Infrastructure Protection met on May 1, 2008, to consider H.R. 
4179.
    The Subcommittee adopted H.R. 4179, as amended, by voice 
vote.
    The following amendment was offered:
    An Amendment in the Nature of a Substitute offered by Ms. 
Clarke (#1); was AGREED TO by voice vote.
    The Chairman discharged the Subcommittee on Transportation 
Security and Infrastructure Protection from further 
consideration of H.R. 4179 on May 20, 2008.
    The Committee on Homeland Security considered H.R. 4179 on 
May 20, 2008, and ordered the measure reported to the House 
with a favorable recommendation, as amended, by unanimous 
consent.
    The following amendment was offered:
    An Amendment in the Nature of a Substitute offered by Ms. 
Clarke (#1); was AGREED TO by unanimous consent.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto.
    No recorded votes were requested during Committee 
consideration.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

     In compliance with clause 3(c)(2) of rule XIII of the 
Rules of the House of Representatives, the Committee finds that 
H.R. 4179, the Fair, Accurate, Secure, and Timely Redress Act 
of 2007, would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

     The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                                      June 3, 2008.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4179, the Fair, 
Accurate, Secure and Timely Redress Act of 2008.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

H.R. 4179--Fair, Accurate, Secure, and Timely Redress Act of 2008

    Under current law, the federal government maintains 
terrorist watchlists used, among other purposes, to screen the 
names of domestic and international air travelers. H.R. 4179 
would direct the Department of Homeland Security (DHS) to 
expand and refine its appeal and redress procedures for 
individuals who believe they were wrongly identified as a 
threat by a DHS watchlist or database. It also would require 
DHS to establish and disseminate among federal agencies a list 
of individuals misidentified as threats and subsequently 
cleared and to report to the Congress on the status and impact 
of those efforts.
    Based on information from DHS, CBO estimates that 
implementing H.R. 4179 would cost $3 million in 2009 and about 
$500,000 annually thereafter, assuming appropriation of the 
necessary amounts. That estimate includes one-time costs to 
establish systems to enable federal agencies to share 
information on the proposed list of cleared individuals as well 
as ongoing costs for additional personnel and expenses related 
to the bill's refined appeal and redress procedures. Enacting 
H.R. 4179 would not affect direct spending or revenues.
    H.R. 4179 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 4179 contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized.
    This legislation requires the Department of Homeland 
Security to establish a timely and fair redress process for 
individuals that believe they were misidentified against the 
terrorist watchlist that includes the establishment of a 
comprehensive cleared list of individuals who have established 
their identity through the redress process. The sharing of this 
comprehensive cleared list with other Federal, State, local, 
and tribal agencies or entities that use any terrorist 
watchlist or database when assessing the security risk of an 
individual will reduce unnecessary delays and continued 
misidentifications of passengers. The potential vulnerability 
that an individual with terrorist ties will inappropriately be 
deemed cleared because of a legal name change will also be 
minimized as a result of this legislation.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

     In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 1, which grants Congress the power 
to provide for the common Defense of the United States.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section establishes that H.R. 4179 may be cited as the 
``Fair, Accurate, Secure, and Timely Redress Act of 2008'' or 
the ``FAST Redress Act of 2008''.

Section 2. Establishment of Appeal and Redress Process for individuals 
        wrongly delayed or prohibited from boarding a flight, or denied 
        a right, benefit, or privilege

    This section establishes a new section at the end of 
Subtitle H of title VIII of the Homeland Security Act of 2002 
(Pub. L. 107-296), entitled ``Section 890A. Appeal and Redress 
Process for Passengers Wrongly Delayed or Prohibited from 
Boarding a Flight, or Denied a Right, Benefit, or Privilege.''
    This section authorizes the Secretary of the Department of 
Homeland Security to establish a prompt, timely, and fair 
appeal and redress process for those who believe they have been 
misidentified as a threat when screened against any terrorist 
watchlist or database used by the Transportation Security 
Administration (TSA) or any office of the Department of 
Homeland Security. The Secretary is required to establish an 
Office of Appeals and Redress to implement, coordinate, and 
execute the appeal and redress process established by the 
Secretary. The Office shall include representation from the TSA 
and other Department of Homeland Security components deemed 
appropriate by the Secretary.
    This section requires the Office of Appeals and Redress, 
under the direction of the Secretary, to maintain and 
appropriately disseminate a list of individuals who were 
misidentified against any terrorist watchlist or database. 
Those individuals have successfully completed the appeal and 
redress process and have permitted their Personally 
Identifiable Information (PII) to be shared between multiple 
Departmental components for purposes of identifying whether 
these individuals are, in fact, the persons listed on the 
terrorist watchlist or database. This list shall be known as 
the Comprehensive Cleared List. The Secretary is required to 
transmit the Comprehensive Cleared List to TSA or any other 
appropriate office or component of the Department, other 
Federal, State, local, and tribal entities, and domestic and 
foreign air carriers that use any terrorist watchlist or 
database when assessing the security risk of an individual to 
reduce misidentifications.
    The Department is required to transmit the Comprehensive 
Cleared List to domestic and foreign air carriers and will 
terminate such transmissions on the date on which the Federal 
Government assumes terrorist watchlist or database screening 
functions when the ``Secure Flight'' program, or its successor 
program, is fully operational. When the Government-administered 
program is operational, the Secretary will provide written 
notification within 15 days of the termination of the 
transmission of the Comprehensive Cleared List 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.
    Section 890A(b) describes how the Department will work with 
other Governmental entities and how the Department will conduct 
itself with respect to verifying name changes, handling PII, 
and other processes necessary to implement and execute this 
section. With respect to intergovernmental efforts, this 
section authorizes the Secretary to 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 PII. Regarding the handling of PII, 
the Secretary must, in conjunction with the Chief Privacy 
Officer of the Department, ensure that Federal employees of the 
Department complete privacy and security training prior to 
being authorized to handle PII. Further, the Secretary must 
ensure that the information maintained by the Department 
pursuant to this Act is secured by encryption or other 
equivalent technical security protections and that any 
information maintained or handled by the Department is handled 
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.
    Further, Section 890A(b)(5)(G) requires that the Secretary 
engage in the necessary agreements to ensure legal name changes 
are properly reflected in the terrorist watchlist and the 
Comprehensive Cleared List to improve the appeal and redress 
process. The Committee understands that some Federal agencies 
may be taking a more restrictive view of the Privacy Act than 
Congress originally intended. This provision clarifies that no 
Federal agency can prevent or obstruct the sharing of legal 
name change information pertinent to the watchlist, appeal or 
redress processes when requested by the Department by citing 
the Privacy Act. The Committee intends that the Department will 
enter into memoranda of understanding with appropriate Federal 
agencies, including but not limited to, the Social Security 
Administration, the Internal Revenue Service, and any others 
the Department deems necessary to improve the security and 
effectiveness of the appeal and redress process. The Secretary 
shall immediately engage these, and any other Federal agency 
that would assist in the sharing of this information with the 
goal of maintaining the most accurate watchlist or 
comprehensive cleared list. Nothing in this provision 
authorizes the Department to use this information for any other 
purpose. The Department of Homeland Security shall incur all 
costs necessary to implement these information sharing 
agreements.
    Section 890A(b)(6) requires the Office of Appeals and 
Redress to provide written information and supervisor guidance 
to air carrier passengers to begin the appeal and redress 
process at each airport at which the Department has a presence. 
Additionally, at each airport at which the Department has a 
significant presence, the Office is required to provide written 
information and ensure that a TSA supervisor who is trained in 
the appeal and redress process is available to provide support 
to air carrier passengers in need of guidance concerning the 
process.
    For purposes of this measure, the term ``Terrorist 
Watchlist or Database'' is defined as any terrorist watchlist 
or database used by the Transportation Security Administration 
or any office of component of the Department of Homeland 
Security or any terror watchlist or database specified in 
Homeland Security Presidential Directive-6.
    Finally, the FAST Redress Act envisions the integration of 
the appeal and redress process with the ``Secure Flight'' 
program, or its successor program, by amending section 
44903(j)(2) of title 49, United States Code to incorporate 
applicable portions of the appeals and redress process and the 
records requirement into proposed section 890A of the Homeland 
Security Act of 2002.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

 TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
      UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

     * * * * * * *

                  Subtitle H--Miscellaneous Provisions

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

           *       *       *       *       *       *       *


TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

           *       *       *       *       *       *       *


Subtitle H--Miscellaneous Provisions

           *       *       *       *       *       *       *


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.

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                              ----------                              


                      TITLE 49, UNITED STATES CODE



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SUBTITLE VII--AVIATION PROGRAMS

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PART A--AIR COMMERCE AND SAFETY

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SUBPART III--SAFETY

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                         CHAPTER 449--SECURITY

                       SUBCHAPTER I--REQUIREMENTS

Sec.
44901.  Screening passengers and property.
     * * * * * * *
[44926.  Appeal and redress process for passengers wrongly delayed or 
          prohibited from boarding a flight.]

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SUBCHAPTER I--REQUIREMENTS

           *       *       *       *       *       *       *


Sec. 44903. Air transportation security

  (a) * * *

           *       *       *       *       *       *       *

  (j) Short-Term Assessment and Deployment of Emerging Security 
Technologies and Procedures.--
          (1) * * *
          (2) Computer-assisted passenger prescreening 
        system.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Advanced airline passenger 
                prescreening.--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) Requirements.--In assuming 
                        performance of the function under 
                        clause (ii), the Assistant Secretary 
                        shall--
                                  (I) * * *
                                  (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;
                                  [(II)] (III) ensure that 
                                Federal Government databases 
                                that will be used to establish 
                                the identity of a passenger 
                                under the system will not 
                                produce a large number of false 
                                positives;
                                  [(III)] (IV) establish an 
                                internal oversight board to 
                                oversee and monitor the manner 
                                in which the system is being 
                                implemented;
                                  [(IV)] (V) establish 
                                sufficient operational 
                                safeguards to reduce the 
                                opportunities for abuse;
                                  [(V)] (VI) implement 
                                substantial security measures 
                                to protect the system from 
                                unauthorized access;
                                  [(VI)] (VII) adopt policies 
                                establishing effective 
                                oversight of the use and 
                                operation of the system; and
                                  [(VII)] (VIII) ensure that 
                                there are no specific privacy 
                                concerns with the technological 
                                architecture of the system.

           *       *       *       *       *       *       *

                  (E) Aircraft charter customer and lessee 
                prescreening.--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) No fly and automatic selectee 
                        lists.--The Secretary of Homeland 
                        Security, in consultation with the 
                        Terrorist Screening Center, shall 
                        design and review, as necessary, 
                        guidelines, policies, and operating 
                        procedures for the collection, removal, 
                        and updating of data maintained, or to 
                        be maintained, in the no fly and 
                        automatic selectee lists, in accordance 
                        with the appeals and redress process 
                        established under section 890A of the 
                        Homeland Security Act of 2002.

           *       *       *       *       *       *       *

                  (G) Appeal procedures.--
                          (i) In general.--The Assistant 
                        Secretary shall establish a timely and 
                        fair process for individuals identified 
                        as a threat under one or more of 
                        subparagraphs (C), (D), and (E) to 
                        appeal to the Transportation Security 
                        Administration the determination and 
                        correct any erroneous information. 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.
                          (ii) Records.--The process shall 
                        include the establishment of a method 
                        by which the Assistant Secretary will 
                        be able to maintain a record of air 
                        passengers and other individuals who 
                        have been misidentified and have 
                        corrected erroneous information. To 
                        prevent repeated delays of 
                        misidentified passengers and other 
                        individuals, the Transportation 
                        Security Administration record shall 
                        contain information determined by the 
                        Assistant Secretary to authenticate the 
                        identity of such a passenger or 
                        individual. 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.

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[Sec. 44926. Appeal and redress process for passengers wrongly delayed 
                    or prohibited from boarding a flight

  [(a) In General.--The Secretary of Homeland Security shall 
establish a timely and fair process for individuals who believe 
they have been delayed or prohibited from boarding a commercial 
aircraft because they were wrongly identified as a threat under 
the regimes utilized by the Transportation Security 
Administration, United States Customs and Border Protection, or 
any other office or component of the Department of Homeland 
Security.
  [(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 
        Transportation Security Administration, United States 
        Customs and Border Protection, and such other offices 
        and components of the Department as the Secretary 
        determines appropriate.
          [(2) Records.--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 be able to 
        maintain a record of air carrier passengers and other 
        individuals who have been misidentified and have 
        corrected erroneous information.
          [(3) Information.--To prevent repeated delays of an 
        misidentified passenger or other individual, the Office 
        shall--
                  [(A) ensure that the records maintained under 
                this subsection contain information determined 
                by the Secretary to authenticate the identity 
                of such a passenger or individual;
                  [(B) furnish to the Transportation Security 
                Administration, United States Customs and 
                Border Protection, or any other appropriate 
                office or component of the Department, upon 
                request, such information as may be necessary 
                to allow such office or component to assist air 
                carriers in improving their administration of 
                the advanced passenger prescreening system and 
                reduce the number of false positives; and
                  [(C) require air carriers and foreign air 
                carriers take action to identify passengers 
                determined, under the process established under 
                subsection (a), to have been wrongly 
                identified.
          [(4) 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 passengers (in this paragraph 
                referred to as ``PII'') complete mandatory 
                privacy and security training prior to being 
                authorized to handle PII;
                  [(B) ensure that the records maintained under 
                this subsection are secured by encryption, one-
                way hashing, other data anonymization 
                techniques, or such other equivalent security 
                technical protections as the Secretary 
                determines necessary;
                  [(C) limit the information collected from 
                misidentified passengers or other individuals 
                to the minimum amount necessary to resolve a 
                redress request;
                  [(D) require that the data generated under 
                this subsection shall be shared or transferred 
                via a secure data network, that has been 
                audited to ensure that the anti-hacking and 
                other security related software functions 
                properly and is updated as necessary;
                  [(E) ensure that any employee of the 
                Department receiving the data contained within 
                the records handles the information in 
                accordance with the section 552a of title 5, 
                United States Code, and the Federal Information 
                Security Management Act of 2002 (Public Law 
                107-296);
                  [(F) only retain the data for as long as 
                needed to assist the individual traveler in the 
                redress process; and
                  [(G) conduct and publish a privacy impact 
                assessment of the process described within this 
                subsection and transmit the assessment to the 
                Committee on Homeland Security of the House of 
                Representatives, the Committee on Commerce, 
                Science, and Transportation of the Senate, and 
                Committee on Homeland Security and Governmental 
                Affairs of the Senate.
          [(5) Initiation of redress process at airports.--The 
        Office shall establish at each airport at which the 
        Department has a significant presence a process to 
        provide information to air carrier passengers to begin 
        the redress process established pursuant to subsection 
        (a).]

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