To amend title 49, United States Code, to clarify the importance of utilizing existing, as well as emerging, biometric technology to improve aviation security, including airport perimeter access security.

Summary: Aviation Biometric Technology Utilization Act - Amends Federal transportation law to change from discretionary to mandatory the authority of the Under Secretary for Border and Transportation Security of the Department of Homeland Security (DHS) to issue guidance for the use of biometrics or other technology that positively verifies the identity of each airport employee and law enforcement officer who enters a secure area of an airport.

Prescribes minimum requirements for such guidance.

Directs the Under Secretary to establish: (1) a law enforcement officer travel credential that incorporates biometrics and is uniform across all Federal, State, and local government law enforcement agencies; (2) a process by which the travel credential will be used to verify the identity of a Federal, State, or local government law enforcement officer seeking to carry a weapon on board an aircraft, without unnecessarily disclosing to the public that the individual is a law enforcement officer; and (3) related procedures.

Requires the Under Secretary to begin issuance of the travel credential to each Federal, State, and local government law enforcement officer authorized to carry a weapon on board an aircraft.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aviation Biometric Technology 
Utilization Act''.

SEC. 2. USE OF BIOMETRIC TECHNOLOGY.

    Section 44903(h) of title 49, United States Code, is amended--
            (1) in paragraph (4)(E) by striking ``may provide for'' and 
        inserting ``shall issue, not later than 4 months after the date 
        of enactment of the Aviation Biometric Technology Utilization 
        Act, guidance for''; and
            (2) by adding at the end the following:
            ``(5) Use of biometric technology in airport access control 
        systems.--In issuing guidance under paragraph (4)(E), the Under 
        Secretary, in consultation with representatives of the aviation 
        industry, shall establish at a minimum--
                    ``(A) comprehensive technical and operational 
                system requirements and performance standards for the 
                use of biometrics in airport access control systems 
                (including airport perimeter access control systems) to 
                ensure that the biometric systems are effective, 
                reliable, and secure;
                    ``(B) procedures for implementing biometric 
                systems--
                            ``(i) to ensure that individuals do not use 
                        an assumed identity to enroll in a biometric 
                        system; and
                            ``(ii) to resolve failures to enroll, false 
                        matches, and false non-matches; and
                    ``(C) best practices for incorporating biometric 
                technology into airport access control systems in the 
                most effective manner, including a process to best 
                utilize existing airport access control systems, 
                facilities, and equipment and existing data networks 
                connecting airports.
            ``(6) Use of biometric technology for law enforcement 
        officer travel.--
                    ``(A) In general.--Not later than December 31, 
                2004, the Under Secretary shall--
                            ``(i) establish a law enforcement officer 
                        travel credential that incorporates biometrics 
                        and is uniform across all Federal, State, and 
                        local government law enforcement agencies;
                            ``(ii) establish a process by which the 
                        travel credential will be used to verify the 
                        identity of a Federal, State, or local 
                        government law enforcement officer seeking to 
                        carry a weapon on board an aircraft, without 
                        unnecessarily disclosing to the public that the 
                        individual is a law enforcement officer;
                            ``(iii) establish procedures--
                                    ``(I) to ensure that only Federal, 
                                State, and local government law 
                                enforcement officers are issued the 
                                travel credential;
                                    ``(II) to resolve failures to 
                                enroll, false matches, and false non-
                                matches relating to use of the travel 
                                credential; and
                                    ``(III) to invalidate any travel 
                                credential that is lost, stolen, or no 
                                longer authorized for use;
                            ``(iv) begin issuance of the travel 
                        credential to each Federal, State, and local 
                        government law enforcement officer authorized 
                        by the Under Secretary to carry a weapon on 
                        board an aircraft; and
                            ``(v) take such other actions with respect 
                        to the travel credential as the Secretary 
                        considers appropriate.
                    ``(B) Funding.--There is authorized to be 
                appropriated such sums as may be necessary to carry out 
                this paragraph.
            ``(7) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Biometric information.--The term `biometric 
                information' means the distinct physical or behavioral 
                characteristics that are used for identification, or 
                verification of the identity, of an individual.
                    ``(B) Biometrics.--The term `biometrics' means a 
                technology that enables the automated identification, 
                or verification of the identity, of an individual based 
                on biometric information.
                    ``(C) Failure to enroll.--The term `failure to 
                enroll' means the inability of an individual to enroll 
                in a biometric system due to an insufficiently 
                distinctive biometric sample, the lack of a body part 
                necessary to provide the biometric sample, a system 
                design that makes it difficult to provide consistent 
                biometric information, or other factors.
                    ``(D) False match.--The term `false match' means 
                the incorrect matching of one individual's biometric 
                information to another individual's biometric 
                information by a biometric system.
                    ``(E) False non-match.--The term `false non-match' 
                means the rejection of a valid identity by a biometric 
                system.
                    ``(F) Secure area of an airport.--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.''.

SEC. 3. FUNDING FOR USE OF BIOMETRIC TECHNOLOGY IN AIRPORT ACCESS 
              CONTROL SYSTEMS.

    (a) Grant Authority.--Section 44923(a)(4) of title 49, United 
States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following:
            ``(4) for projects to implement biometric technologies in 
        accordance with guidance issued under section 44903(h)(4)(E); 
        and''.
    (b) Authorization of Appropriations.--Section 44923(i)(1) of such 
title is amended by striking ``$250,000,000 for each of fiscal years 
2004 through 2007'' and inserting ``$250,000,000 for fiscal year 2004, 
$345,000,000 for fiscal year 2005, and $250,000,000 for each of fiscal 
years 2006 and 2007''.