[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.
* * * * * * *
----------
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
* * * * * * *
PART A--AIR COMMERCE AND SAFETY
* * * * * * *
SUBPART III--SAFETY
* * * * * * *
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.]
* * * * * * *
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.
* * * * * * *
[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).]
* * * * * * *