detainee
(2) Secure flight program.— (A) In general .— The Administrator shall ensure that the Secure Flight program, or any successor program— (i) is used to evaluate all passengers before they board an aircraft; and (ii) includes procedures to ensure that individuals selected by the program and their carry-on and checked baggage are adequately screened. (B) Modifications .— The Administrator may modify any requirement under the Secure Flight program for flights that originate and terminate within the same State, if the Administrator determines that— (i) the State has extraordinary air transportation needs or concerns due to its isolation and dependence on air transportation; and (ii) the routine characteristics of passengers, given the nature of the market, regularly triggers primary selectee status. (C) Advanced airline passenger prescreening.— (i) Commencement of testing .— The Administrator 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 Administrator, 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 .— The Administrator, or the designee of the Administrator, 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 Administrator 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 .— After the completion of the testing of the advanced passenger prescreening system, the Administrator, by order or interim final rule— (I) shall require air carriers to supply to the Administrator the passenger information needed to begin implementing the advanced passenger prescreening system; and (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). (v) Inclusion of detainees on no fly list .— The Administrator, in coordination with the Terrorist Screening Center, shall include on the No Fly List any individual who was a detainee held at the Naval Station, Guantanamo Bay, Cuba, unless the President certifies in writing to Congress that the detainee poses no threat to the United States, its citizens, or its allies. For purposes of this clause, the term “detainee” means an individual in the custody or under the physical control of the United States as a result of armed conflict. (D) Screening of employees against watchlist .— The Administrator, 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 .— The Administrator Administrator 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 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 Administrator 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 Administrator 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 Administrator 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).