I 

112TH CONGRESS 

1ST SESSION H. R. 1007 

To amend the Homeland Security Act of 2002 to establish an appeal and 

redress process for individuals who are screened against the terrorist 

watchlist and wrongly delayed or prohibited from boarding a flight, 

or denied a right, benefit, or privilege, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2011 

Ms. CLARKE of New York introduced the following bill; which was referred 

to the Committee on Homeland Security 

A BILL 

To amend the Homeland Security Act of 2002 to establish 

an appeal and redress process for individuals who are 

screened against the terrorist watchlist and wrongly delayed or prohibited from boarding a flight, or denied 

a right, benefit, or privilege, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair, Accurate, Secure, 

5 and Timely Redress Act of 2011’’ or the ‘‘FAST Redress 

6 Act of 2011’’. 


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1 SEC. 2. DEPARTMENT OF HOMELAND SECURITY APPEAL 

2 AND REDRESS. 

3 (a) IN GENERAL.—Subtitle H of title VIII of the 

4 Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) 

5 is amended by adding at the end the following new section: 

6 ‘‘SEC. 890A. APPEAL AND REDRESS. 

7 ‘‘(a) IN GENERAL.—The Secretary shall establish an 

8 Office of Appeals and Redress to implement and execute 

9 a redress process for individuals who believe they were 

10 wrongly delayed or prohibited from boarding a commercial 

11 aircraft or denied a right, benefit, or privilege by the De12 partment because they were wrongly identified as a threat 

13 when screened against the terrorist watchlist used by the 

14 Transportation Security Administration, United States 

15 Customs and Border Protection, or any office or compo16 nent of the Department. 

17 ‘‘(b) DIRECTOR.—The Office shall be headed by a Di18 rector, who shall be appointed by the Secretary and shall 

19 report to the Secretary. 

20 ‘‘(c) RESPONSIBILITIES.—The Director shall carry 

21 out the following responsibilities: 

22 ‘‘(1) Implement and maintain a redress process 

23 that includes an information technology system for 

24 purposes of providing redress to individuals who be25 lieve they were misidentified against the terrorist 

26 watchlist and that addresses case management, 


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1 workflow, document management, recordkeeping, 

2 and interoperability issues identified by audits of the 

3 redress process in effect on the day before the date 

4 of the enactment of this section. 

5 ‘‘(2) Review, adjudicate, and respond in writ6 ing, within 30 days, to the greatest extent possible, 

7 to an individual who files an appeal and redress re8 quest with information relating to the disposition of 

9 such request. 

10 ‘‘(3) Establish and maintain a Comprehensive 

11 Cleared List of individuals who, upon providing all 

12 information required by the Director to verify an in13 dividual’s identity, are determined by the Director to 

14 be misidentified. 

15 ‘‘(4) Perform such other responsibilities as the 

16 Secretary may require. 

17 ‘‘(d) COMPREHENSIVE CLEARED LIST.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

19 that the Comprehensive Cleared List is electronically 

20 integrated into the systems for screening individuals 

21 against the terrorist watchlist maintained by the 

22 Transportation Security Administration, United 

23 States Customs and Border Protection, or any other 

24 office or component of the Department and shall— 


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1 ‘‘(A) transmit to other Federal, State, 

2 local, and tribal agencies and entities that use 

3 any terrorist watchlist the Comprehensive 

4 Cleared List and any other information the Sec5 retary determines necessary to resolve misiden6 tifications, as appropriate; and 

7 ‘‘(B) work with other Federal, State, local, 

8 and tribal agencies or entities that use any ter9 rorist watchlist to ensure, to the greatest extent 

10 practicable, that the Comprehensive Cleared 

11 List is considered when assessing the security 

12 risk of an individual. 

13 ‘‘(e) HANDLING OF PERSONALLY IDENTIFIABLE IN14 FORMATION.—The Secretary, in conjunction with the 

15 Chief Privacy Officer of the Department, shall— 

16 ‘‘(1) require that Federal employees of the De17 partment handling personally identifiable informa18 tion of individuals (in this paragraph referred to as 

19 ‘PII’) complete mandatory privacy and security 

20 training prior to being authorized to handle PII; 

21 ‘‘(2) ensure that the information maintained 

22 under this subsection is secured by encryption, in23 cluding one-way hashing, data anonymization tech24 niques, or such other equivalent technical security 

25 protections as the Secretary determines necessary; 


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1 ‘‘(3) limit the information collected from indi2 viduals to the minimum amount necessary to resolve 

3 an appeal and redress request; 

4 ‘‘(4) ensure that the information maintained 

5 under this subsection is shared or transferred via an 

6 encrypted data network that has been audited to en7 sure that the anti-hacking and other security related 

8 software functions perform properly and are updated 

9 as necessary; 

10 ‘‘(5) ensure that any employee of the Depart11 ment receiving the information maintained under 

12 this subsection handles such information in accord13 ance with section 552a of title 5, United States 

14 Code, the Federal Information Security Management 

15 Act of 2002 (Public Law 107–296), and other appli16 cable laws; 

17 ‘‘(6) only retain the information maintained 

18 under this subsection for as long as needed to assist 

19 the individual in the appeal and redress process; 

20 ‘‘(7) engage in cooperative agreements with ap21 propriate Federal agencies and entities, on a reim22 bursable basis, to ensure that legal name changes 

23 are properly reflected in any terrorist watchlist and 

24 the Comprehensive Cleared List to improve the ap25 peal and redress process and to ensure the most acVerDate Mar 15 2010 04:26 Mar 11, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1007.IH H1007

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1 curate lists of identifications possible (except that 

2 section 552a of title 5, United States Code, shall not 

3 prohibit the sharing of legal name changes among 

4 Federal agencies and entities for the purposes of 

5 this section); 

6 ‘‘(8) ensure that the Chief Privacy Officer pub7 lishes an updated privacy impact assessment of the 

8 appeal and redress process established under this 

9 section and submit to the appropriate congressional 

10 committees such assessment; and 

11 ‘‘(9) submit, on a quarterly basis, to the appro12 priate congressional committees— 

13 ‘‘(A) data on the number of individuals 

14 who have sought and successfully obtained re15 dress through the Office of Appeals and Re16 dress during the immediately preceding quarter; 

17 ‘‘(B) data on the number of individuals 

18 who have sought and were denied redress 

19 through the Office of Appeals and Redress dur20 ing the immediately preceding quarter; 

21 ‘‘(C) the average length of time for adju22 dication of completed applications during the 

23 immediately preceding quarter; and 

24 ‘‘(D) a list of the grounds for denials, to25 gether with corresponding percentages for each 


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1 such ground reflecting the frequency of use by 

2 the Office of Appeals and Redress during the 

3 immediately preceding quarter. 

4 ‘‘(f) INITIATION OF APPEAL AND REDRESS PROCESS

5 AT AIRPORTS AND PORTS OF ENTRY.—At each airport 

6 and port of entry at which— 

7 ‘‘(1) the Department has a presence, the Office 

8 shall provide written information to individuals to 

9 begin the appeal and redress process established 

10 pursuant to subsection (a); and 

11 ‘‘(2) the Department has a significant presence, 

12 provide the written information referred to in sub13 paragraph (1) and ensure a Transportation Security 

14 Administration or United States Customs and Bor15 der Protection supervisor who is trained in such ap16 peal and redress process is available to provide sup17 port to individuals in need of guidance concerning 

18 such process. 

19 ‘‘(g) INSPECTOR GENERAL REVIEW.—Not later than 

20 one year after the date of the enactment of this section, 

21 the Inspector General of the Department shall submit to 

22 the appropriate congressional committees a report on the 

23 status of implementation of this section. The report shall 

24 include the following: 


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1 ‘‘(1) An evaluation of the appeal and redress 

2 process established pursuant to this section. 

3 ‘‘(2) An assessment of the status of the Com4 prehensive Cleared List requirements, including the 

5 extent to which systems for screening individuals 

6 against the terrorist watchlist maintained by the 

7 Transportation Security Administration, United 

8 States Customs and Border Protection, and other 

9 offices and components of the Department have elec10 tronically integrated the Comprehensive Cleared 

11 List. 

12 ‘‘(3) An assessment of the impact of implemen13 tation of this section, including the integration of 

14 the Comprehensive Cleared List into the systems for 

15 screening individuals against the terrorist watchlist 

16 maintained by the Transportation Security Adminis17 tration, United States Customs and Border Protec18 tion, and other office or component of the Depart19 ment has had on misidentifications of individuals. 

20 ‘‘(h) DEFINITIONS.— 

21 ‘‘(1) APPROPRIATE CONGRESSIONAL COM22 MITTEE.—In this section, the term ‘appropriate con23 gressional committee’ means the Committee on 

24 Homeland Security of the House of Representatives 

25 and Committee on Homeland Security and GovernVerDate Mar 15 2010 04:26 Mar 11, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1007.IH H1007

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1 mental Affairs of the Senate and any committee of 

2 the House of Representatives or the Senate having 

3 legislative jurisdiction under the rules of the House 

4 of Representatives or Senate, respectively, over the 

5 matter concerned. 

6 ‘‘(2) TERRORIST WATCH LIST.—In this section, 

7 the term ‘terrorist watchlist’ means any terrorist 

8 watchlist or database used by the Transportation 

9 Security Administration, United States Customs and 

10 Border Protection, or any office or component of the 

11 Department of Homeland Security or specified in 

12 Homeland Security Presidential Directive-6 to 

13 screen individuals, in effect as of the date of the en14 actment of this section.’’. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated such sums as may be 

17 necessary to carry out the amendments made by this sec18 tion. 

19 (c) INCORPORATION OF SECURE FLIGHT.—Section 

20 44903(j)(2) of title 49, United States Code, is amended— 

21 (1) in subparagraph (C)(iii)— 

22 (A) by redesignating subclauses (II) 

23 through (VII) as subclauses (III) through 

24 (VIII), respectively; and 


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1 (B) by inserting after subclause (I) the fol2 lowing new subclause: 

3 ‘‘(II) ensure, not later than 30 

4 days after the date of the enactment 

5 of the FAST Redress Act of 2011, 

6 that the procedure established under 

7 subclause (I) is incorporated into the 

8 appeals and redress process estab9 lished under section 890A of the 

10 Homeland Security Act of 2002;’’; 

11 (2) in subparagraph (E)(iii), by inserting before 

12 the period at the end the following: ‘‘, in accordance 

13 with the appeals and redress process established 

14 under section 890A of the Homeland Security Act of 

15 2002’’; and 

16 (3) in subparagraph (G)— 

17 (A) in clause (i), by adding at the end the 

18 following new sentence: ‘‘The Assistant Sec19 retary shall incorporate the process established 

20 pursuant to this clause into the appeals and re21 dress process established under section 890A of 

22 the Homeland Security Act of 2002.’’; and 

23 (B) in clause (ii), by adding at the end the 

24 following new sentence: ‘‘The Assistant Sec25 retary shall incorporate the record established 


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1 and maintained pursuant to this clause into the 

2 Comprehensive Cleared List established and 

3 maintained under such section 890A.’’. 

4 (d) CONFORMING AMENDMENT.—Title 49, United 

5 States Code, is amended by striking section 44926 (and 

6 the item relating to such section in the analysis for chap7 ter 449 of title 49). 

8 (e) CLERICAL AMENDMENT.—Section 1(b) of the 

9 Homeland Security Act of 2002 (6 U.S.C. 101(b)) is 

10 amended by adding after the item relating to section 890 

11 the following new item: 

‘‘Sec. 890A. Appeal and redress.’’. 

Æ 


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