FOR IMMEDIATE RELEASE CR

WEDNESDAY, OCTOBER 1, 1997 (202) 616-2777

TDD (202) 514-1888

JUSTICE DEPARTMENT REVIEW OF FAA PASSENGER SCREENING PROPOSAL

CONCLUDES IT WON'T DISCRIMINATE AGAINST AIRLINE TRAVELERS

WASHINGTON, D.C. -- Attorney General Janet Reno today

announced that the Justice Department's Civil Rights Division has
completed a review of the Federal Aviation Administration's
proposed screening program to provide additional passenger
security at U.S. airports. The review concluded that the program
would not illegally discriminate against any travelers, but also
recommended five additional steps to help ensure against
discrimination in the future.

"As we seek to prevent airline terrorism, we must also

uphold fundamental American liberties. With the recommendations
we offer, the FAA's proposal will do both," said Attorney General
Janet Reno.

In today's report, the Justice Department stated that the

Computer Assisted Passenger Screening system (CAPS) does not
record, nor give any consideration to, the race, color, national
or ethnic origin, religion or gender of airline passengers. CAPS
also does not include as a screening factor any passenger traits
that may be directly associated with such prohibited categories,
such as a passenger's name or mode of dress.

The report includes five recommendations for action by the

Department of Transportation (DOT) and the Justice Department:

* The FAA should conduct periodic reviews of CAPS to ensure

that the screening factors continue to be reasonable
predictors of risk;

* The Justice Department should review CAPS after it is

implemented to ensure that it is being run in a non-
discriminatory manner;

* The DOT should expand its public education efforts to inform

the American public about the purpose of airline passenger
screening, as well as the right of passengers to file a
complaint with DOT if they believe they were the victim of
discrimination;

* The FAA should require domestic air carriers to obtain pre-

approval before implementing any passenger screening system
in addition to the procedures prescribed by the FAA; and,
* The FAA should require air carriers to provide appropriate
training to employees who are responsible for implementing
passenger screening.

The Justice Department carried out its review at the request

of the White House Commission on Aviation Safety and Security,
and the Department of Transportation. In February 1997, the
Commission recommended that the FAA implement the CAPS system
once the Justice Department conducted a thorough review of it.

The Justice Department review was carried out by its Civil

Rights Division, with assistance from the FBI and the
Department's Criminal Division. The Department received detailed
briefings about CAPS from the FAA, obtained data from a test
application of CAPS being run by Northwest Airlines, and met with
civil rights and civil liberties advocates to hear their concerns
about passenger screening.

In addition to finding CAPS to be nondiscriminatory, the

Department also found that CAPS does not violate the Fourth
Amendment prohibition against unreasonable searches and seizures,
and does not involve any invasion of passengers' personal
privacy.

CAPS will operate on the computer reservation systems of

domestic carriers, and will rely on information passengers
otherwise provide to the air carriers for purposes unrelated to
passenger screening. CAPS will not prompt the gathering of any
additional information by the federal government or air carriers,
and is not connected to any law enforcement or national security
database.

The Justice Department review also concluded that the FAA's

existing manual passenger screening system does not involve any
impermissible discrimination when implemented properly.

When fully implemented, CAPS will generally apply to all

domestic flights and a portion of international flights
originating in the U.S. by U.S. carriers.

The FAA's target date to begin implementation of CAPS is

December 31, 1997.
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