I 
109TH CONGRESS 
1ST SESSION H. R. 4512 
To direct the Secretary of Homeland Security to conduct a pilot program 
to evaluate the use of automated systems for the immediate prescreening 
of passengers on flights in foreign air transportation. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 13, 2005 
Mr. DEFAZIO (for himself and Mr. DANIEL E. LUNGREN of California) intro-
duced the following bill; which was referred to the Committee on Home-
land Security 
A BILL 
To direct the Secretary of Homeland Security to conduct 
a pilot program to evaluate the use of automated systems 
for the immediate prescreening of passengers on flights 
in foreign air transportation. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 
1. 
IMMEDIATE 
INTERNATIONAL 
PASSENGER 
PRESCREENING PILOT PROGRAM. 
(a) PILOT PROGRAM.—Not later than 90 days after 
the date of enactment of this Act, the Secretary of Home-
land Security shall initiate a pilot program to evaluate the 
use of automated systems for the immediate prescreening
of passengers on flights in foreign air transportation, as 
defined by section 40102 of title 49, United States Code, 
that are bound for the United States. 
(b) REQUIREMENTS.—At a minimum, with respect to 
a passenger on a flight described in subsection (a) oper-
ated by an air carrier or foreign air carrier, the automated 
systems evaluated under the pilot program shall— 
(1) 
compare 
the 
passenger’s 
information 
against the integrated and consolidated terrorist 
watchlist maintained by the Federal Government 
and provide the results of the comparison to the air 
carrier or foreign air carrier before the passenger is 
permitted to board the flight; 
(2) provide functions similar to the advanced 
passenger information system established under sec-
tion 431 of the Tariff Act of 1930 (19 U.S.C. 
1431); and 
(3) make use of machine-readable data ele-
ments on passports and other travel and entry docu-
ments in a manner consistent with international 
standards. 
(c) OPERATION.—The pilot program shall be con-
ducted— 
(1) in not fewer than 2 foreign airports; and
(2) in collaboration with not fewer than one air 
carrier at each airport participating in the pilot pro-
gram. 
(d) EVALUATION OF AUTOMATED SYSTEMS.—In con-
ducting the pilot program, the Secretary shall evaluate not 
more than 3 automated systems. One or more of such sys-
tems shall be commercially available and currently in use 
to prescreen passengers. 
(e) PRIVACY PROTECTION.—The Secretary shall en-
sure that the passenger data is collected under the pilot 
program in a manner consistent with the standards estab-
lished under section 552a of title 5, United States Code. 
(f) DURATION.—The Secretary shall conduct the 
pilot program for not fewer than 90 days. 
(g) PASSENGER DEFINED.—In this section, the term 
‘‘passenger’’ includes members of the flight crew. 
(h) REPORT.—Not later than 30 days after the date 
of completion of the pilot program, the Secretary shall 
submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
containing the following: 
(1) An assessment of the technical performance 
of each of the tested systems, including the system’s 
accuracy, scalability, and effectiveness with respect
to measurable factors, including, at a minimum, pas-
senger throughput, the rate of flight diversions, and 
the rate of false negatives and positives. 
(2) A description of the provisions of each test-
ed system to protect the civil liberties and privacy 
rights of passengers, as well as a description of the 
adequacy of an immediate redress or appeals process 
for passengers denied authorization to travel. 
(3) Cost projections for implementation of each 
tested system, including— 
(A) projected costs to the Department of 
Homeland Security; and 
(B) projected costs of compliance to air 
carriers operating flights described in sub-
section (a). 
(4) A determination as to which tested system 
is the best-performing and most efficient system to 
ensure immediate prescreening of international pas-
sengers. Such determination shall be made after con-
sultation with individuals in the private sector hav-
ing expertise in airline industry, travel, tourism, pri-
vacy, national security, and computer security 
issues.
(5) A plan to fully deploy the best-performing 
and most efficient system tested by not later than 
January 1, 2007. 
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