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WASHINGTON (AP) – When Sen. Edward M. Kennedy, D-Mass., peppered federal officials Thursday about innocent flyers getting caught up in airline terrorism watch lists, he was speaking from experience.

The highly recognizable senator was stopped no fewer than five times as he tried to board US Airways shuttles, because a name similar to his appeared on a list or his name popped up for additional screening.

“If they have that kind of difficulty with a member of Congress, how in the world are average Americans, who are getting caught up in this thing, how are they going to be treated fairly and not have their rights abused?” Kennedy demanded, in questions to Asa Hutchinson, undersecretary for border and transportation security in the Department of Homeland Security.

Hutchinson – who quickly apologized for “any inconvenience” to the senator – was testifying in front of the Senate Judiciary Committee on the need for the federal government to take over the watch lists, which are currently administered by the airlines.

According to Kennedy and his staff, the senator was stopped at airports in Washington, D.C., and Boston three times in March, and told by airline agents that he would not be given a ticket to fly because his name was on a list.

“I can’t sell it to you, you can’t buy a ticket,” Kennedy quoted the agent as saying. “I said why not, she said, We can’t tell you.”‘ That’s when he asked to speak to a supervisor.

On all three occasions, the supervisor recognized the senator and got Kennedy on the flight. But after the third incident, Kennedy’s staff called the Transportation Security Administration and asked to get the confusion cleared up.

According to the TSA, a name similar to Kennedy’s was on the selectee list, which requires the airline passenger to go through additional screening. TSA also said that the airlines didn’t handle the matter properly.

But twice after contacting TSA, Kennedy was stopped again at the airline counter, once because of the continued watch list problem, and the second time because he got snagged in the random selection process that flags certain passengers for additional screening.

The Computer Assisted Passenger Prescreening System, used to root out potential terror suspects, often selects passengers who buy last minute or one-way tickets or use cash to pay. Members of Congress are occasionally tagged by CAPPS because they often catch last-minute flights or buy one-way tickets.

The American Civil Liberties Union has filed lawsuits in San Francisco and Seattle over this issue, demanding that the government explain how wrongly flagged travelers can get off the lists.

Hutchinson told the senators that average citizens who experience problems can call the TSA ombudsman and have their name entered into a database to clear up the matter. But, he said the problem highlights the need to turn the watch lists over to TSA.

But, intoned Senate Judiciary Committee Chairman Orrin Hatch, R-Utah, “What about the conspiracy to stop Senator Kennedy from getting where he wants to go?”

As other panel members laughed, Kennedy quipped, “Notice I didn’t accuse the Republicans?”

Prompting Sen. Patrick Leahy, D-Vt., to jibe Kennedy, “We’ve had this problem with Irish terrorists before.”


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