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 de-
layed or prohibited from boarding a flight, or denied 
a right, benefit, or privilege, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fair, Accurate, Secure, 
and Timely Redress Act of 2011’’ or the ‘‘FAST Redress 
Act of 2011’’. 
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SEC. 2. DEPARTMENT OF HOMELAND SECURITY APPEAL 
AND REDRESS. 
(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. 
‘‘(a) IN GENERAL.—The Secretary shall establish an 
Office of Appeals and Redress to implement and execute 
a redress process for individuals who believe they were 
wrongly delayed or prohibited from boarding a commercial 
aircraft or denied a right, benefit, or privilege by the De-
partment because they were wrongly identified as a threat 
when screened against the terrorist watchlist used by the 
Transportation Security Administration, United States 
Customs and Border Protection, or any office or compo-
nent of the Department. 
‘‘(b) DIRECTOR.—The Office shall be headed by a Di-
rector, who shall be appointed by the Secretary and shall 
report to the Secretary. 
‘‘(c) RESPONSIBILITIES.—The Director shall carry 
out the following responsibilities: 
‘‘(1) Implement and maintain a redress process 
that includes an information technology system for 
purposes of providing redress to individuals who be-
lieve they were misidentified against the terrorist 
watchlist and that addresses case management, 
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workflow, document management, recordkeeping, 
and interoperability issues identified by audits of the 
redress process in effect on the day before the date 
of the enactment of this section. 
‘‘(2) Review, adjudicate, and respond in writ-
ing, within 30 days, to the greatest extent possible, 
to an individual who files an appeal and redress re-
quest with information relating to the disposition of 
such request. 
‘‘(3) Establish and maintain a Comprehensive 
Cleared List of individuals who, upon providing all 
information required by the Director to verify an in-
dividual’s identity, are determined by the Director to 
be misidentified. 
‘‘(4) Perform such other responsibilities as the 
Secretary may require. 
‘‘(d) COMPREHENSIVE CLEARED LIST.— 
‘‘(1) IN GENERAL.—The Secretary shall ensure 
that the Comprehensive Cleared List is electronically 
integrated into the systems for screening individuals 
against the terrorist watchlist maintained by the 
Transportation Security Administration, United 
States Customs and Border Protection, or any other 
office or component of the Department and shall— 
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‘‘(A) transmit to other Federal, State, 
local, and tribal agencies and entities that use 
any terrorist watchlist the Comprehensive 
Cleared List and any other information the Sec-
retary determines necessary to resolve misiden-
tifications, as appropriate; and 
‘‘(B) work with other Federal, State, local, 
and tribal agencies or entities that use any ter-
rorist watchlist to ensure, to the greatest extent 
practicable, that the Comprehensive Cleared 
List is considered when assessing the security 
risk of an individual. 
‘‘(e) HANDLING OF PERSONALLY IDENTIFIABLE IN-
FORMATION.—The Secretary, in conjunction with the 
Chief Privacy Officer of the Department, shall— 
‘‘(1) require that Federal employees of the De-
partment handling personally identifiable informa-
tion of individuals (in this paragraph referred to as 
‘PII’) complete mandatory privacy and security 
training prior to being authorized to handle PII; 
‘‘(2) ensure that the information maintained 
under this subsection is secured by encryption, in-
cluding one-way hashing, data anonymization tech-
niques, or such other equivalent technical security 
protections as the Secretary determines necessary; 
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‘‘(3) limit the information collected from indi-
viduals to the minimum amount necessary to resolve 
an appeal and redress request; 
‘‘(4) ensure that the information maintained 
under this subsection is shared or transferred via an 
encrypted data network that has been audited to en-
sure that the anti-hacking and other security related 
software functions perform properly and are updated 
as necessary; 
‘‘(5) ensure that any employee of the Depart-
ment receiving the information maintained under 
this subsection handles such information in accord-
ance with section 552a of title 5, United States 
Code, the Federal Information Security Management 
Act of 2002 (Public Law 107–296), and other appli-
cable laws; 
‘‘(6) only retain the information maintained 
under this subsection for as long as needed to assist 
the individual in the appeal and redress process; 
‘‘(7) engage in cooperative agreements with ap-
propriate Federal agencies and entities, on a reim-
bursable basis, to ensure that legal name changes 
are properly reflected in any terrorist watchlist and 
the Comprehensive Cleared List to improve the ap-
peal and redress process and to ensure the most ac-
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curate 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); 
‘‘(8) ensure that the Chief Privacy Officer pub-
lishes an updated privacy impact assessment of the 
appeal and redress process established under this 
section and submit to the appropriate congressional 
committees such assessment; and 
‘‘(9) submit, on a quarterly basis, to the appro-
priate congressional committees— 
‘‘(A) data on the number of individuals 
who have sought and successfully obtained re-
dress through the Office of Appeals and Re-
dress during the immediately preceding quarter; 
‘‘(B) data on the number of individuals 
who have sought and were denied redress 
through the Office of Appeals and Redress dur-
ing the immediately preceding quarter; 
‘‘(C) the average length of time for adju-
dication of completed applications during the 
immediately preceding quarter; and 
‘‘(D) a list of the grounds for denials, to-
gether with corresponding percentages for each 
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such ground reflecting the frequency of use by 
the Office of Appeals and Redress during the 
immediately preceding quarter. 
‘‘(f) INITIATION OF APPEAL AND REDRESS PROCESS 
AT AIRPORTS AND PORTS OF ENTRY.—At each airport 
and port of entry at which— 
‘‘(1) the Department has a presence, the Office 
shall provide written information to individuals to 
begin the appeal and redress process established 
pursuant to subsection (a); and 
‘‘(2) the Department has a significant presence, 
provide the written information referred to in sub-
paragraph (1) and ensure a Transportation Security 
Administration or United States Customs and Bor-
der Protection supervisor who is trained in such ap-
peal and redress process is available to provide sup-
port to individuals in need of guidance concerning 
such process. 
‘‘(g) INSPECTOR GENERAL REVIEW.—Not later than 
one year after the date of the enactment of this section, 
the Inspector General of the Department shall submit to 
the appropriate congressional committees a report on the 
status of implementation of this section. The report shall 
include the following: 
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‘‘(1) An evaluation of the appeal and redress 
process established pursuant to this section. 
‘‘(2) An assessment of the status of the Com-
prehensive Cleared List requirements, including the 
extent to which systems for screening individuals 
against the terrorist watchlist maintained by the 
Transportation Security Administration, United 
States Customs and Border Protection, and other 
offices and components of the Department have elec-
tronically integrated the Comprehensive Cleared 
List. 
‘‘(3) An assessment of the impact of implemen-
tation of this section, including the integration of 
the Comprehensive Cleared List into the systems for 
screening individuals against the terrorist watchlist 
maintained by the Transportation Security Adminis-
tration, United States Customs and Border Protec-
tion, and other office or component of the Depart-
ment has had on misidentifications of individuals. 
‘‘(h) DEFINITIONS.— 
‘‘(1) 
APPROPRIATE
CONGRESSIONAL
COM-
MITTEE.—In this section, the term ‘appropriate con-
gressional committee’ means the Committee on 
Homeland Security of the House of Representatives 
and Committee on Homeland Security and Govern-
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mental Affairs of the Senate and any committee of 
the House of Representatives or the Senate having 
legislative jurisdiction under the rules of the House 
of Representatives or Senate, respectively, over the 
matter concerned. 
‘‘(2) TERRORIST WATCH LIST.—In this section, 
the term ‘terrorist watchlist’ means any terrorist 
watchlist or database used by the Transportation 
Security Administration, United States Customs and 
Border Protection, or any office or component of the 
Department of Homeland Security or specified in 
Homeland Security Presidential Directive-6 to 
screen individuals, in effect as of the date of the en-
actment of this section.’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out the amendments made by this sec-
tion. 
(c) 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 
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and maintained pursuant to this clause into the 
Comprehensive Cleared List established and 
maintained under such section 890A.’’. 
(d) CONFORMING AMENDMENT.—Title 49, United 
States Code, is amended by striking section 44926 (and 
the item relating to such section in the analysis for chap-
ter 449 of title 49). 
(e) 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.’’. 
Æ 
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