118 STAT. 3717 PUBLIC LAW 108–458—DEC. 17, 2004 of data maintained, or to be maintained, in the no fly and automatic selectee lists. ‘‘(F) APPLICABILITY.—Section 607 of the Vision 100— Century of Aviation Reauthorization Act (49 U.S.C. 44903 note; 117 Stat. 2568) shall not apply to the advanced pas- senger prescreening system established under subpara- graph (C). ‘‘(G) APPEAL PROCEDURES.— ‘‘(i) IN GENERAL.—The Assistant Secretary shall establish a timely and fair process for individuals identified as a threat under one or more of subpara- graphs (C), (D), and (E) to appeal to the Transportation Security Administration the determination and correct any erroneous information. ‘‘(ii) RECORDS.—The process shall include the establishment of a method by which the Assistant Sec- retary will be able to maintain a record of air pas- sengers and other individuals who have been misidentified and have corrected erroneous informa- tion. To prevent repeated delays of misidentified pas- sengers and other individuals, the Transportation Security Administration record shall contain informa- tion determined by the Assistant Secretary to authen- ticate the identity of such a passenger or individual. ‘‘(H) DEFINITION.—In this paragraph, the term ‘secure area of an airport’ means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).’’. (2) INTERNATIONAL FLIGHTS.—Section 44909(c) of title 49, United States Code, is amended— (A) by striking ‘‘paragraph (5),’’ in paragraph (4) and inserting ‘‘paragraphs (5) and (6),’’; and (B) by adding at the end the following: ‘‘(6) PRESCREENING INTERNATIONAL PASSENGERS.— ‘‘(A) IN GENERAL.—Not later than 60 days after date of enactment of this paragraph, the Secretary of Homeland Security, or the designee of the Secretary, shall issue a notice of proposed rulemaking that will allow the Depart- ment of Homeland Security to compare passenger informa- tion for any international flight to or from the United States against the consolidated and integrated terrorist watchlist maintained by the Federal Government before departure of the flight. ‘‘(B) APPEAL PROCEDURES.— ‘‘(i) IN GENERAL.—The Secretary of Homeland Security shall establish a timely and fair process for individuals identified as a threat under subparagraph (A) to appeal to the Department of Homeland Security the determination and correct any erroneous informa- tion. ‘‘(ii) RECORDS.—The process shall include the establishment of a method by which the Secretary will be able to maintain a record of air passengers and other individuals who have been misidentified and have corrected erroneous information. To prevent repeated delays of misidentified passengers and other Deadline. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00251 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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