118 STAT. 3715 PUBLIC LAW 108–458—DEC. 17, 2004 ‘‘(C) ADVANCED AIRLINE PASSENGER PRESCREENING.— ‘‘(i) COMMENCEMENT OF TESTING.—Not later than January 1, 2005, the Assistant Secretary of Homeland Security (Transportation Security Administration), or the designee of the Assistant Secretary, shall com- mence testing of an advanced passenger prescreening system that will allow the Department of Homeland Security to assume the performance of comparing pas- senger information, as defined by the Assistant Sec- retary, to the automatic selectee and no fly lists, uti- lizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Fed- eral Government. ‘‘(ii) ASSUMPTION OF FUNCTION.—Not later than 180 days after completion of testing under clause (i), the Assistant Secretary, or the designee of the Assist- ant Secretary, 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 main- tained by the Federal Government in performing that function. ‘‘(iii) REQUIREMENTS.—In assuming performance of the function under clause (ii), the Assistant Secretary shall— ‘‘(I) establish a procedure to enable airline pas- sengers, 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 determina- tion and correct information contained in the system; ‘‘(II) ensure that Federal Government data- bases 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 safe- guards to reduce the opportunities for abuse; ‘‘(V) implement substantial security measures to protect the system from unauthorized access; ‘‘(VI) adopt policies establishing effective over- sight 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.—Not later than 180 days after the completion of the testing of the advanced passenger prescreening system, the Assistant Sec- retary, by order or interim final rule— ‘‘(I) shall require air carriers to supply to the Assistant Secretary the passenger information needed to begin implementing the advanced pas- senger prescreening system; and Establishment. Procedures. Deadlines. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00249 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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