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 PROC-
ESS FOR INDIVIDUALS WRONGLY DELAYED 
OR PROHIBITED FROM BOARDING A FLIGHT, 
OR DENIED A RIGHT, BENEFIT, OR PRIVI-
LEGE. 
(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 PAS-
SENGERS WRONGLY DELAYED OR PROHIB-
ITED 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 privi-
lege 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 es-
tablish 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 representa-
tives from the TSA and such other offices and com-
ponents of the Department as the Secretary deter-
mines 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 dis-
seminate 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 re-
quest and provided such additional information 
as required by the Department to verify the in-
dividual’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 subpara-
graph (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 nec-
essary to resolve misidentifications and im-
prove 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 do-
mestic air carriers and foreign air carriers 
under clause (i) of subparagraph (A) shall 
terminate on the date on which the Fed-
eral 
Government 
assumes 
terrorist 
watchlist or database screening functions. 
‘‘(ii) WRITTEN NOTIFICATION TO CON-
GRESS.—Not later than 15 days after the 
date on which the transmission of the 
Comprehensive Cleared List to the air car-
riers referred to in clause (i) of this sub-
paragraph terminates in accordance with 
such clause, the Secretary shall provide 
written notification to the Committee on 
Homeland Security of the House of Rep-
resentatives and the Committee on Com-
merce, 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 under-
standing with other Federal, State, local, and
tribal agencies or entities, as necessary, to im-
prove 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 ter-
rorist watchlist or database to ensure, to the 
greatest extent practicable, that the Com-
prehensive Cleared List is considered when as-
sessing 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 in-
formation of individuals (in this paragraph re-
ferred to as ‘PII’) complete mandatory privacy 
and security training prior to being authorized 
to handle PII; 
‘‘(B) ensure that the information main-
tained under this subsection is secured by 
encryption, including one-way hashing, data 
anonymization techniques, or such other equiva-
lent technical security protections as the Sec-
retary 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 main-
tained under this subsection is shared or trans-
ferred 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 De-
partment 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 main-
tained 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,