"This new requirement will go a long way in helping the U.S. Customs Service identify known or suspected terrorists before they attempt to enter our country," says Commissioner Robert C. Bonner. On November 29, Bonner requested immediate compliance from all international air carriers that do not already make advance passenger information available to U.S. Customs.

Those carriers that did not comply with this request were subject to heightened inspections on their passengers. Customs suspended the five-minute per passenger clearance standard for all flights that do not transmit the passenger and crew information. Customs exercised its authority under the law to conduct intensive exams of all passengers, along with hand-carried and checked baggage disembarking these particular flights. "Since we did not have advanced passenger information to assist in determining the threat of a particular flight, that determination needed to be made by interviewing and examining each individual passenger. Obviously this method takes a lot longer than getting the information in advance and checking it through our databases," says Susan T. Mitchell, Customs Area Director, JFK Airport.

Photo Credit: James Tourtellotte

Intensive examinations by Customs inspectors are given to those international air carriers that have not made advanced passenger information available to Customs.

Prior to the signing of this legislation a vast majority of air carriers were already transmitting the Advance Passenger Information System (APIS). As of November 1, 2001, Customs was receiving advanced data on 87 percent of incoming air passengers that are not precleared. This Customs initiative began on a voluntary basis in 1988. Last year, 57,027,811 passengers who entered the U.S. on 386,950 flights from foreign locations were processed through APIS. APIS is a database that Customs uses to target suspect or high-risk passengers, while facilitating the flow of law-abiding travelers through the clearance process. The information is collected at the time of departure and transmitted to a Customs facility in Virginia. The APIS initiative is a cooperative effort between Customs, U.S. Immigration and Naturalization Service (INS), and the airline industry.

Prior to a plane's arrival, the APIS data is checked against the multi-agency law enforcement database, known as the Interagency Border Inspection System (IBIS). IBIS includes the combined databases of U.S. Customs, INS, State Department, and 21 other federal agencies. Names are also checked against the FBI's National Crime Information Center wanted persons files. Susan Mitchell describes APIS as a "risk management tool that initially helped us determine if flights had known violators or potential violators on board, but now is a matter of national security. The more I know about a flight before it lands, the better able I am to respond with appropriate resources. In an airport the size of JFK, with more international passenger arrivals than any other U.S. airport, the ability to move resources to where they are most needed is critical."

The U.S. Customs Service has loaned more than 16,000 optical character recognition document readers to air carriers. The readers are placed at ticket counters and departure gates around the world to assist in the collection of APIS data from machine-readable travel documents. To assist local air carrier managers, U.S. Customs has assigned APIS port coordinators at more major airports nationwide. The law also mandates that international air carriers provide Customs with passport and visa information as well as completed itineraries for passengers. The law allows air carriers not later than 60 days to comply and enhances airline safety. In the wake of the terrorist attacks of September 11, this legislation allows Customs to fulfill its mission as America's frontline defense against terrorism.

Expanding aviation security The legislation contains numerous new and expanded aviation security programs, including: Creates a new Transportation Security Administration within the Transportation Department responsible for security for all modes of transportation and headed by a new undersecretary. Federal or state law enforcement personnel at each screening location, not merely at each airport. Checked luggage will be screened for explosives by the end of 2002. Directs the new undersecretary to establish guidelines to strengthen cockpit doors and protect pilots, crew, and passengers. The Federal government will deploy more undercover air marshals. The National Guard will send more troops to guard airports. Coordinates intelligence-gathering information among federal agencies and oversees the actions of the new undersecretary. The FBI will increase its cross-check of passengers. The bill requires notification of the U.S. Attorney General of aliens seeking training, including simulator training, in aircraft having a maximum certificated takeoff weight of 12,500 lbs. or more.