Page:United States Statutes at Large Volume 117.djvu/1175

 117 STAT. 1156

Reports. Deadline. Fees. 6 USC 469.

Air cargo.

VerDate 11-MAY-2000

10:15 Aug 27, 2004

PUBLIC LAW 108–90—OCT. 1, 2003

(6) substantial security measures are in place to protect CAPPS II from unauthorized access by hackers or other intruders; (7) the TSA has adopted policies establishing effective oversight of the use and operation of the system; and (8) there are no specific privacy concerns with the technological architecture of the system. (b) During the testing phase permitted by paragraph (a) of this section, no information gathered from passengers, foreign or domestic air carriers, or reservation systems may be used to screen aviation passengers, or delay or deny boarding to such passengers. (c) The General Accounting Office shall submit the report required under paragraph (a) of this section no later than February 15, 2004. SEC. 520. For fiscal year 2004 and thereafter, the Secretary of Homeland Security shall charge reasonable fees for providing credentialing and background investigations in the field of transportation: Provided, That the establishment and collection of fees shall be subject to the following requirements: (1) such fees, in the aggregate, shall not exceed the costs incurred by the Department of Homeland Security associated with providing the credential or performing the background record checks; (2) the Secretary shall charge fees in amounts that are reasonably related to the costs of providing services in connection with the activity or item for which the fee is charged; (3) a fee may not be collected except to the extent such fee will be expended to pay for the costs of conducting or obtaining a criminal history record check and a review of available law enforcement databases and commercial databases and records of other governmental and international agencies; reviewing and adjudicating requests for waiver and appeals of agency decisions with respect to providing the credential, performing the background record check, and denying requests for waiver and appeals; and any other costs related to providing the credential or performing the background record check; and (4) any fee collected shall be available for expenditure only to pay the costs incurred in providing services in connection with the activity or item for which the fee is charged and shall remain available until expended. SEC. 521. The Secretary of Homeland Security is directed to research, develop, and procure certified systems to inspect and screen air cargo on passenger aircraft at the earliest date possible: Provided, That until such technology is procured and installed, the Secretary shall take all possible actions to enhance the known shipper program to prohibit high-risk cargo from being transported on passenger aircraft.

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