Fair, Accurate, Secure, And Timely Redress Act Of 2008
Mr. Speaker, I move to suspend the rules and pass 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…
Mr. Speaker, I move to suspend the rules and pass 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, as amended.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bill under consideration.
Mr. Speaker, I rise in strong support of this bill, and I yield myself such time as I may consume.
Mr. Speaker, H.R. 4179, the Fair, Accurate, Secure and Timely Redress Act or FAST Redress Act was introduced last year by a relatively new member of the Homeland Security Committee, Congresswoman Yvette Clarke. Representative Clarke is to be commended for the yeoman's job she has done.
Everyone complains about the lack of sanity in the watch-listing process, but few have dared to wade into all the ins and outs of the system. Representative Clarke has done just that, and this legislation is the product of that thoughtful undertaking.
H.R. 4179 was marked up and approved on a bipartisan basis by the committees's Transportation Security and Infrastructure Protection Subcommittee in early May. On May 20, 2008, the bill was marked up and adopted unanimously by the full committee.
This legislation, like other Homeland Security Committee bills that will be considered today, builds on the solid provisions in H.R. 1684, the Department of Homeland Security authorization bill that has been pending in the Senate since May of 2007.
Certainly, the practice of watch-listing individuals plays an important role in identifying possible terrorist suspects.
It is important to keep in mind that the watch list is only as good as the information on it. Without accurate, complete and reliable information, the purpose of the watch list is frustrated, the database becomes unreliable, and misidentifications persist.
Getting the watch list fixed and reducing misidentifications is a particularly difficult challenge. To do so, all the intelligence and law enforcement components that populate the list would need to come together and agree to clean it up. Unfortunately, this has not happened. Therefore, redress is the only real recourse for an American who is repeatedly stopped or delayed at airports and border crossings because one is misidentified as a terrorist threat.
Presently, there is a redress process available at DHS. Since February 2007, over 32,000 Americans have sought redress through DHS Traveler and Redress Inquiry Program, also known as DHS TRIP. Each individual voluntarily provided personal information to establish their identity. When there is a determination that this person is not a
threat, their names are placed on a ``cleared list'' that is maintained by the Transportation Security Administration.
This cleared list is populated with names of individuals who have the same or similar name as someone on the ``no fly'' or ``selectee'' lists, but have proven that they are not the person on the list. The cleared list is then shared with only the airlines for screening purposes.
Under H.R. 4179, it will be shared throughout DHS and with other Federal agencies that use the terrorist watch list database. This would assure that individuals that go through the redress process are not stopped as potential terrorists by other Federal agencies.
Specifically, H.R. 4179 requires the Secretary of Homeland Security to establish the Office of Appeals and Redress to provide a timely and fair redress process. The Office of Appeals and Redress is directed to maintain a ``comprehensive cleared list'' that contains the names of individuals who have been misidentified and have corrected erroneous information.
The comprehensive cleared list would be made available to other Federal, State, local and Tribal authorities and others that use the terrorist watch list or database to resolve misidentification.
The bill directs TSA, CBP, the Coast Guard and other DHS components to reference the comprehensive cleared list when assessing the security risk of an individual. This would assure that individuals like our esteemed colleague, the gentleman from Georgia, Mr. John Lewis, would not be repeatedly stopped or delayed or have to seek redress from components in the same Federal agency.
H.R. 4179 also authorizes the DHS to enter into memoranda of understanding with other Federal agencies to enhance the redress process.
Importantly, the measure includes protections to assure that personally identifiable information is handled in accordance with privacy laws.
Once enacted, individuals that go through the trouble of clearing their names will not have to repeat the exercise again and again and again.
Mr. Speaker, on behalf of every John Lewis and James Smith, I urge passage of this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 4 minutes to the author of this legislation, the Congresswoman from New York, Ms. Yvette Clarke.
Mr. Speaker, I yield an additional minute to the gentlelady.
Mr. Speaker, I yield 3 minutes to the gentleman from Colorado (Mr. Perlmutter).
Mr. Speaker, I yield 2 minutes to the distinguished gentlewoman from Texas (Ms. Jackson-Lee).
(Ms. JACKSON-LEE of Texas asked and was given permission to revise and extend her remarks.)
Mr. Speaker, I yield myself as much time as I may consume.
Mr. Speaker, as you have heard, H.R. 4179 is a commonsense Homeland Security legislation that has broad support. Representative Clarke, as well as Chairwoman Jackson-Lee and Ranking Member Lungren, ought to be commended for working together to get this critical legislation to the floor. We all know that the terrorist watch list has its problems. In fact, most of us fly a few times a week and have heard firsthand stories about people missing flights because they were misidentified against the watch list. We need to fix the watch list. That effort is ongoing and needs to continue. But at the same time, we need to provide people with a meaningful remedy.
The FAST Redress Act does just that. That is why I'm proud to cosponsor this legislation authored by my esteemed colleague, Ms. Clarke.
I urge passage of this important legislation.
Mr. Speaker, I yield back the balance of my time.