118 STAT. 3716 PUBLIC LAW 108–458—DEC. 17, 2004 ‘‘(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 (Transpor- tation Security Administration), in coordination with the Secretary of Transportation and the Administrator of the Federal Aviation Administration, shall ensure that individ- uals 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 regu- lation 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 pre- screening function under subparagraph (C)(ii), the Assistant Secretary shall establish a process by which operators of aircraft to be used in charter air transpor- tation 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 pre- screening 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 Applicability. Deadline. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00250 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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