I 

108TH CONGRESS 

2D SESSION H. R. 4914

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. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2004

Mr. MICA (for himself, Mr. DEFAZIO, Mr. YOUNG of Alaska, Mr. OBERSTAR, 

Mr. HOLDEN, Mrs. TAUSCHER, Ms. CORRINE BROWN of Florida, Mr. LIPINSKI, Mr. EHLERS, Mr. PEARCE, Mr. BAKER, Mr. SHUSTER, Ms. NORTON, Mr. MORAN of Kansas, Mr. MATHESON, Mr. DUNCAN, Mr. RAHALL, Mr. CAPUANO, Mr. LOBIONDO, Mr. CHOCOLA, Mr. PASCRELL, Mr. 

ISAKSON, Mr. BEAUPREZ, Mr. HAYES, Mr. KENNEDY of Minnesota, Mr. 

BACHUS, Mr. DOOLITTLE, Mr. REHBERG, Mr. GRAVES, Mr. BOOZMAN, 

Mr. GERLACH, and Mr. MARIO DIAZ-BALART of Florida) introduced the 

following bill; which was referred to the Committee on Transportation 

and Infrastructure 

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Aviation Biometric 

3 Technology Utilization Act’’. 

4 SEC. 2. USE OF BIOMETRIC TECHNOLOGY. 

5 Section 44903(h) of title 49, United States Code, is 

6 amended—

7 (1) in paragraph (4)(E) by striking ‘‘may pro8 vide for’’ and inserting ‘‘shall issue, not later than 

9 4 months after the date of enactment of the Aviation 

10 Biometric Technology Utilization Act, guidance for’’; 

11 and 

12 (2) by adding at the end the following: 

13 ‘‘(5) USE OF BIOMETRIC TECHNOLOGY IN AIR14 PORT ACCESS CONTROL SYSTEMS.—In issuing guid15 ance under paragraph (4)(E), the Under Secretary, 

16 in consultation with representatives of the aviation 

17 industry, shall establish at a minimum—

18 ‘‘(A) comprehensive technical and oper19 ational system requirements and performance 

20 standards for the use of biometrics in airport 

21 access control systems (including airport perim22 eter access control systems) to ensure that the 

23 biometric systems are effective, reliable, and se24 cure; 

25 ‘‘(B) procedures for implementing biomet26 ric systems—
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1 ‘‘(i) to ensure that individuals do not 

2 use an assumed identity to enroll in a bio3 metric system; and 

4 ‘‘(ii) to resolve failures to enroll, false 

5 matches, and false non-matches; and 

6 ‘‘(C) best practices for incorporating bio7 metric technology into airport access control 

8 systems in the most effective manner, including 

9 a process to best utilize existing airport access 

10 control systems, facilities, and equipment and 

11 existing data networks connecting airports. 

12 ‘‘(6) USE OF BIOMETRIC TECHNOLOGY FOR

13 LAW ENFORCEMENT OFFICER TRAVEL.—

14 ‘‘(A) IN GENERAL.—Not later than De15 cember 31, 2004, the Under Secretary shall—

16 ‘‘(i) establish a law enforcement offi17 cer travel credential that incorporates bio18 metrics and is uniform across all Federal, 

19 State, and local government law enforce20 ment agencies; 

21 ‘‘(ii) establish a process by which the 

22 travel credential will be used to verify the 

23 identity of a Federal, State, or local gov24 ernment law enforcement officer seeking to 

25 carry a weapon on board an aircraft, with-
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1 out unnecessarily disclosing to the public 

2 that the individual is a law enforcement of3 ficer; 

4 ‘‘(iii) establish procedures—

5 ‘‘(I) to ensure that only Federal, 

6 State, and local government law en7 forcement officers are issued the trav8 el credential; 

9 ‘‘(II) to resolve failures to enroll, 

10 false matches, and false non-matches 

11 relating to use of the travel credential; 

12 and 

13 ‘‘(III) to invalidate any travel 

14 credential that is lost, stolen, or no 

15 longer authorized for use; 

16 ‘‘(iv) begin issuance of the travel cre17 dential to each Federal, State, and local 

18 government law enforcement officer au19 thorized by the Under Secretary to carry a 

20 weapon on board an aircraft; and 

21 ‘‘(v) take such other actions with re22 spect to the travel credential as the Sec23 retary considers appropriate. 
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1 ‘‘(B) FUNDING.—There is authorized to be 

2 appropriated such sums as may be necessary to 

3 carry out this paragraph. 

4 ‘‘(7) DEFINITIONS.—In this subsection, the fol5 lowing definitions apply: 

6 ‘‘(A) BIOMETRIC INFORMATION.—The 

7 term ‘biometric information’ means the distinct 

8 physical or behavioral characteristics that are 

9 used for identification, or verification of the 

10 identity, of an individual. 

11 ‘‘(B) BIOMETRICS.—The term ‘biometrics’ 

12 means a technology that enables the automated 

13 identification, or verification of the identity, of 

14 an individual based on biometric information. 

15 ‘‘(C) FAILURE TO ENROLL.—The term 

16 ‘failure to enroll’ means the inability of an indi17 vidual to enroll in a biometric system due to an 

18 insufficiently distinctive biometric sample, the 

19 lack of a body part necessary to provide the bio20 metric sample, a system design that makes it 

21 difficult to provide consistent biometric infor22 mation, or other factors. 

23 ‘‘(D) FALSE MATCH.—The term ‘false 

24 match’ means the incorrect matching of one in25 dividual’s biometric information to another indi-
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1 vidual’s biometric information by a biometric 

2 system. 

3 ‘‘(E) FALSE NON-MATCH.—The term ‘false 

4 non-match’ means the rejection of a valid iden5 tity by a biometric system. 

6 ‘‘(F) SECURE AREA OF AN AIRPORT.—The 

7 term ‘secure area of an airport’ means the ster8 ile area and the Secure Identification Display 

9 Area of an airport, as such terms are defined 

10 in section 1540.5 of title 49, Code of Federal 

11 Regulations.’’. 

12 SEC. 3. FUNDING FOR USE OF BIOMETRIC TECHNOLOGY IN 

13 AIRPORT ACCESS CONTROL SYSTEMS. 

14 (a) GRANT AUTHORITY.—Section 44923(a)(4) of 

15 title 49, United States Code, is amended—

16 (1) by striking ‘‘and’’ at the end of paragraph 

17 (3); 

18 (2) by redesignating paragraph (4) as para19 graph (5); and 

20 (3) by inserting after paragraph (3) the fol21 lowing: 

22 ‘‘(4) for projects to implement biometric tech23 nologies in accordance with guidance issued under 

24 section 44903(h)(4)(E); and’’. 
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 44923(i)(1) of such title is amended by striking 

3 ‘‘$250,000,000 for each of fiscal years 2004 through 

4 2007’’ and inserting ‘‘$250,000,000 for fiscal year 2004, 

5 $345,000,000 for fiscal year 2005, and $250,000,000 for 

6 each of fiscal years 2006 and 2007’’.

Æ