ADVANCED AIRLINE PASSENGER PRESCREENING.

SEC. 4012. ADVANCED AIRLINE PASSENGER PRESCREENING.(a) In General.—(1) Domestic flights.—Section 44903(j)(2) of title 49, United States Code, is amended by adding at the end the following:118 STAT. 3715 “(C) Advanced airline passenger prescreening.—“(i) Commencement of testing.—Not later than January 1, 2005, the Assistant Secretary of Homeland Security (Transportation Security Administration), or the designee of the Assistant Secretary, shall commence testing of an advanced passenger prescreening system that will allow the Department of Homeland Security to assume the performance of comparing passenger information, as defined by the Assistant Secretary, to the automatic selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government.“(ii) Assumption of function.—Not later than 180 days after completion of testing under clause (i), the Assistant Secretary, or the designee of the Assistant Secretary, shall begin to assume the performance of the passenger prescreening function of comparing passenger information to the automatic selectee and no fly lists and utilize all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government in performing that function.“(iii) Requirements.—In assuming performance of the function under clause (ii), the Assistant Secretary shall—“(I) establish a procedure to enable airline passengers, who are delayed or prohibited from boarding a flight because the advanced passenger prescreening system determined that they might pose a security threat, to appeal such determination and correct information contained in the system; “(II) ensure that Federal Government databases that will be used to establish the identity of a passenger under the system will not produce a large number of false positives;“(III) establish an internal oversight board to oversee and monitor the manner in which the system is being implemented;“(IV) establish sufficient operational safeguards to reduce the opportunities for abuse;“(V) implement substantial security measures to protect the system from unauthorized access;“(VI) adopt policies establishing effective oversight of the use and operation of the system; and“(VII) ensure that there are no specific privacy concerns with the technological architecture of the system.“(iv) Passenger information.—Not later than 180 days after the completion of the testing of the advanced passenger prescreening system, the Assistant Secretary, by order or interim final rule—“(I) shall require air carriers to supply to the Assistant Secretary the passenger information needed to begin implementing the advanced passenger prescreening system; and118 STAT. 3716“(II) shall require entities that provide systems and services to air carriers in the operation of air carrier reservations systems to provide to air carriers passenger information in possession of such entities, but only to the extent necessary to comply with subclause (I). “(D) Screening of employees against watchlist.—The Assistant Secretary of Homeland Security (Transportation Security Administration), in coordination with the Secretary of Transportation and the Administrator of the Federal Aviation Administration, shall ensure that individuals are screened against all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government before—“(i) being certificated by the Federal Aviation Administration; “(ii) being granted unescorted access to the secure area of an airport; or“(iii) being granted unescorted access to the air operations area (as defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section) of an airport.“(E) Aircraft charter customer and lessee prescreening.—“(i) In general.—Not later than 90 days after the date on which the Assistant Secretary assumes the performance of the advanced passenger pre­screening function under subparagraph (C)(ii), the Assistant Secretary shall establish a process by which operators of aircraft to be used in charter air transportation with a maximum takeoff weight greater than 12,500 pounds and lessors of aircraft with a maximum takeoff weight greater than 12,500 pounds may—“(I) request the Department of Homeland Security to use the advanced passenger pre­screening system to compare information about any individual seeking to charter an aircraft with a maximum takeoff weight greater than 12,500 pounds, any passenger proposed to be transported aboard such aircraft, and any individual seeking to lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to the automatic selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government; and “(II) refuse to charter or lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to or transport aboard such aircraft any persons identified on such watch list.“(ii) Requirements.—The requirements of subparagraph (C)(iii) shall apply to this subparagraph.“(iii) No fly and automatic selectee lists.—The Secretary of Homeland Security, in consultation with the Terrorist Screening Center, shall design and review, as necessary, guidelines, policies, and operating procedures for the collection, removal, and updating 118 STAT. 3717 of data maintained, or to be maintained, in the no fly and automatic selectee lists.“(F) Applicability.—Section 607 of the Vision 100—Century of Aviation Reauthorization Act (49 U.S.C. 44903 note; 117 Stat. 2568) shall not apply to the advanced passenger prescreening system established under subparagraph (C).“(G) Appeal procedures.—“(i) In general.—The Assistant Secretary shall establish a timely and fair process for individuals identified as a threat under one or more of subparagraphs (C), (D), and (E) to appeal to the Transportation Security Administration the determination and correct any erroneous information. “(ii) Records.—The process shall include the establishment of a method by which the Assistant Secretary will be able to maintain a record of air passengers and other individuals who have been misidentified and have corrected erroneous information. To prevent repeated delays of misidentified passengers and other individuals, the Transportation Security Administration record shall contain information determined by the Assistant Secretary to authenticate the identity of such a passenger or individual.“(H) Definition.—In this paragraph, the term ‘secure area of an airport’ means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).”.(2) International flights.—Section 44909(c) of title 49, United States Code, is amended—(A) by striking “paragraph (5),” in paragraph (4) and inserting “paragraphs (5) and (6),”; and(B) by adding at the end the following:“(6) Prescreening international passengers.—“(A) In general.—Not later than 60 days after date of enactment of this paragraph, the Secretary of Homeland Security, or the designee of the Secretary, shall issue a notice of proposed rulemaking that will allow the Department of Homeland Security to compare passenger information for any international flight to or from the United States against the consolidated and integrated terrorist watchlist maintained by the Federal Government before departure of the flight. “(B) Appeal procedures.—“(i) In general.—The Secretary of Homeland Security shall establish a timely and fair process for individuals identified as a threat under subparagraph (A) to appeal to the Department of Homeland Security the determination and correct any erroneous information. “(ii) Records.—The process shall include the establishment of a method by which the Secretary will be able to maintain a record of air passengers and other individuals who have been misidentified and have corrected erroneous information. To prevent repeated delays of misidentified passengers and other 118 STAT. 3718 individuals, the Department of Homeland Security record shall contain information determined by the Secretary to authenticate the identity of such a passenger or individual.”.(b) Report on Effects on Privacy and Civil Liberties.—(1) Requirement for report.—Not later than 180 days after the date of the enactment of this Act, the Security Privacy Officer of the Department of Homeland Security shall submit a report assessing the impact of the automatic selectee and no fly lists on privacy and civil liberties to the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on the Judiciary, the Committee on Government Reform, the Committee on Transportation and Infrastructure, and the Select Committee on Homeland Security of the House of Representatives.(2) Content.—The report submitted under paragraph (1) shall include—(A) any recommendations for practices, procedures, regulations, or legislation that the Security Privacy Officer considers necessary to minimize adverse effects of automatic selectee and no fly lists on privacy, discrimination, due process, and other civil liberties;(B) a discussion of the implications of applying those lists to other modes of transportation; and(C) the effect that implementation of the recommendations would have on the effectiveness of the use of such lists to protect the United States against terrorist attacks.(3) Form.—To the greatest extent consistent with the protection of law enforcement-sensitive information and classified information, and the administration of applicable law, the report shall be submitted in unclassified form and shall be available to the public. The report may contain a classified annex if necessary.(c) Report on Criteria for Consolidated Terrorist Watch List.—(1) In general.—Within 180 days after the date of enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Homeland Security, the Secretary of State, and the Attorney General, shall submit to Congress a report on the Terrorist Screening Center consolidated screening watch list.(2) Contents.—The report shall include—(A) the criteria for placing the name of an individual on the watch list;(B) the minimum standards for reliability and accuracy of identifying information;(C) the degree of information certainty and the range of threat levels that are to be identified for an individual; and (D) the range of applicable consequences that are to apply to an individual, if located.(3) Form.—To the greatest extent consistent with the protection of law enforcement-sensitive information and classified information and the administration of applicable law, the report shall be submitted in unclassified form and shall be 118 STAT. 3719 available to the public. The report may contain a classified annex if necessary.