House passes Bill Creating Right to Contest Placement on Watch Lists

On. Feb. 4 the U.S. House of Representatives passed H.R. 559, the Fair, Accurate, Secure, and Timely Redress Act, that would create a process for individuals placed on government watch lists to challenge their classification. The bill is a response to overbroad and inaccurate lists that have denied many innocent Americans of basic benefits and rights, including flying on commercial planes, getting credit or jobs. If it becomes law, the process established in the bill could be a model for creating due process rights for charities accused of supporting terrorism.

H.R. 559, introduced by Representative Yvette Clarke (D-NY), would amend the Homeland Security Act of 2002 by creating an Office of Appeals and Redress. The bill would "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." Previously, persons included on government watch lists have had little or no recourse for clearing their names or being removed from the list.

The bill defines a terrorist watchlist or database as any "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.' This includes more than public lists of designated terrorists or their supporters, reaching to no-fly lists and databases used by law enforcement to collect information on lawful protesters.

The bill requires the new DHS to create an Office of Appeals and Redress, which must create a "timely and fair process" within 30 days of enactment for individuals denied boarding rights on an airplane or other rights or benefits. It also requires the DHS to create a "Comprehensive Cleared List" that will identify people who have been removed from the list. If the individual agrees, this information can be shared with other federal agencies, state, local and tribal governments, and airlines. A report to Congress detailing implementation and compliance would be required 240 days after enactment.

In a Feb. 4 press release from the ACLU Senior Legislative Counsel, Timothy Sparapani, said, "Representative Clarke's bill is significant in that it provides the individual with a means of seeking redress through appeal, and those erroneously caught up in the web of watch lists will be well served." However, the burden of proving one's innocence remains with the victim and not on those compiling the lists. With the terror watch lists exceeding a million names, advocates are calling for creating a smarter system based on selecting individuals with credible evidence suggesting suspicion. Sparapani said, "It remains critical that Congress and the Obama administration reexamine and reform our whole approach in the watch list system."

The bill A list of how Representatives voted on H.R. 559 passed in the House by a vote of 413 to 3 . It has been referred to the Senate Committee on Commerce, Science and Technology.