I 

108TH CONGRESS 

2D SESSION H. R. 5121 

To further protect the United States aviation system from terrorist attacks. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2004 

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

DEFAZIO) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To further protect the United States aviation system from 

terrorist attacks. 

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

3 SECTION 1. PROVISION FOR THE USE OF BIOMETRIC OR 

4 OTHER TECHNOLOGY. 

5 (a) USE OF BIOMETRIC TECHNOLOGY.—Section 

6 44903(h) of title 49, United States Code, is amended— 

7 (1) in paragraph (4)(E) by striking ‘‘may pro8 vide for’’ and inserting ‘‘shall issue, not later than 
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1 120 days after the date of enactment of paragraph 

2 (5), guidance for’’; and 

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

4 ‘‘(5) USE OF BIOMETRIC TECHNOLOGY IN AIR5 PORT ACCESS CONTROL SYSTEMS.—In issuing guid6 ance under paragraph (4)(E), the Assistant Sec7 retary of Homeland Security (Transportation Secu8 rity Administration), in consultation with represent9 atives of the aviation industry, the biometrics indus10 try, and the National Institute of Standards and 

11 Technology, shall establish, at a minimum— 

12 ‘‘(A) comprehensive technical and oper13 ational system requirements and performance 

14 standards for the use of biometrics in airport 

15 access control systems (including airport perim16 eter access control systems) to ensure that the 

17 biometric systems are effective, reliable, and se18 cure; 

19 ‘‘(B) a list of products and vendors that 

20 meet such requirements and standards; 

21 ‘‘(C) procedures for implementing biomet22 ric systems— 

23 ‘‘(i) to ensure that individuals do not 

24 use an assumed identity to enroll in a bio25 metric system; and 
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1 ‘‘(ii) to resolve failures to enroll, false 

2 matches, and false non-matches; and 

3 ‘‘(D) best practices for incorporating bio4 metric technology into airport access control 

5 systems in the most effective manner, including 

6 a process to best utilize existing airport access 

7 control systems, facilities, and equipment and 

8 existing data networks connecting airports. 

9 ‘‘(6) USE OF BIOMETRIC TECHNOLOGY FOR

10 LAW ENFORCEMENT OFFICER TRAVEL.— 

11 ‘‘(A) IN GENERAL.—Not later than 120 

12 days after the date of enactment of this para13 graph, the Assistant Secretary shall— 

14 ‘‘(i) establish a law enforcement offi15 cer travel credential that incorporates bio16 metrics and is uniform across all Federal, 

17 State, and local government law enforce18 ment agencies; 

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

20 travel credential will be used to verify the 

21 identity of a Federal, State, or local gov22 ernment law enforcement officer seeking to 

23 carry a weapon on board an aircraft, with24 out unnecessarily disclosing to the public 
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1 that the individual is a law enforcement of2 ficer; 

3 ‘‘(iii) establish procedures— 

4 ‘‘(I) to ensure that only Federal, 

5 State, and local government law en6 forcement officers are issued the trav7 el credential; 

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

9 false matches, and false non-matches 

10 relating to use of the travel credential; 

11 and 

12 ‘‘(III) to invalidate any travel 

13 credential that is lost, stolen, or no 

14 longer authorized for use; 

15 ‘‘(iv) begin issuance of the travel cre16 dential to each Federal, State, and local 

17 government law enforcement officer au18 thorized by the Assistant Secretary to 

19 carry a weapon on board an aircraft; and 

20 ‘‘(v) take such other actions with re21 spect to the travel credential as the Sec22 retary considers appropriate. 

23 ‘‘(B) FUNDING.—There are authorized to 

24 be appropriated such sums as may be necessary 

25 to carry out this paragraph. 
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1 ‘‘(7) DEFINITIONS.—In this subsection, the fol2 lowing definitions apply: 

3 ‘‘(A) BIOMETRIC INFORMATION.—The 

4 term ‘biometric information’ means the distinct 

5 physical or behavioral characteristics that are 

6 used for identification, or verification of the 

7 identity, of an individual. 

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

9 means a technology that enables the automated 

10 identification, or verification of the identity, of 

11 an individual based on biometric information. 

12 ‘‘(C) FAILURE TO ENROLL.—The term 

13 ‘failure to enroll’ means the inability of an indi14 vidual to enroll in a biometric system due to an 

15 insufficiently distinctive biometric sample, the 

16 lack of a body part necessary to provide the bio17 metric sample, a system design that makes it 

18 difficult to provide consistent biometric infor19 mation, or other factors. 

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

21 match’ means the incorrect matching of one in22 dividual’s biometric information to another indi23 vidual’s biometric information by a biometric 

24 system. 
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1 ‘‘(E) FALSE NON-MATCH.—The term ‘false 

2 non-match’ means the rejection of a valid iden3 tity by a biometric system. 

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

5 term ‘secure area of an airport’ means the ster6 ile area and the Secure Identification Display 

7 Area of an airport (as such terms are defined 

8 in section 1540.5 of title 49, Code of Federal 

9 Regulations, or any successor regulation to such 

10 section).’’. 

11 (b) FUNDING FOR USE OF BIOMETRIC TECHNOLOGY

12 IN AIRPORT ACCESS CONTROL SYSTEMS.— 

13 (1) GRANT AUTHORITY.—Section 44923(a)(4) 

14 of title 49, United States Code, is amended— 

15 (A) by striking ‘‘and’’ at the end of para16 graph (3); 

17 (B) by redesignating paragraph (4) as 

18 paragraph (5); and 

19 (C) by inserting after paragraph (3) the 

20 following: 

21 ‘‘(4) for projects to implement biometric tech22 nologies in accordance with guidance issued under 

23 section 44903(h)(4)(E); and’’. 

24 (2) AUTHORIZATION OF APPROPRIATIONS.— 

25 Section 44923(i)(1) of such title is amended by 
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1 striking ‘‘$250,000,000 for each of fiscal years 2004 

2 through 2007’’ and inserting ‘‘$250,000,000 for fis3 cal year 2004, $345,000,000 for fiscal year 2005, 

4 and $250,000,000 for each of fiscal years 2006 and 

5 2007’’. 

6 SEC. 2. CHECKED BAGGAGE SECURITY SCREENING. 

7 (a) IN GENERAL.—Subchapter I of chapter 449 of 

8 title 49 United States Code, is amended by adding at the 

9 end the following: 

10 ‘‘§ 44925. Authority to enter into multi-year contracts 

11 for the provision of electronic explosive 

12 detection system images for checked bag13 gage and related items 

14 ‘‘(a) GENERAL AUTHORITY.—Not later than 60 days 

15 after the date of enactment of this section, the Assistant 

16 Secretary of Homeland Security (Transportation Security 

17 Administration) shall establish a program to enter into 

18 multi-year contracts of not more than 10 years with air19 port operators or other non-Federal entities to provide 

20 electronic explosive detection system images of checked 

21 baggage for screening purposes. 

22 ‘‘(b) REQUIRED FINDINGS.—The Assistant Secretary 

23 may enter into a contract for the provision of images 

24 under this section at an airport only if the Assistant Sec25 retary finds that the average annual cost of the contract 
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1 is less than the total estimated average annual cost for 

2 the Transportation Security Administration to acquire 

3 such images through the operation of stand alone explosive 

4 detection systems at that airport. 

5 ‘‘(c) ENDING CONTRACT.—A contract made under 

6 this section shall be contingent on the availability of an7 nual appropriations and shall be ended if amounts are not 

8 made available to continue the contract in subsequent fis9 cal years. The Assistant Secretary may not terminate a 

10 contract made under this section to the extent annual ap11 propriations are available, except when the Assistant Sec12 retary finds cause for termination. 

13 ‘‘(d) CONTRACT PROVISIONS.—A contract made 

14 under this section— 

15 ‘‘(1) may include any cost associated with pro16 viding electronic explosive detection system images, 

17 including— 

18 ‘‘(A) maintenance; 

19 ‘‘(B) financing; 

20 ‘‘(C) reasonable management fees; and 

21 ‘‘(D) other items or services the Assistant 

22 Secretary deems necessary; 

23 ‘‘(2) may specify the manner in which the elec24 tronic explosive detection system images may be ac-
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1 quired and any other operational requirements the 

2 Assistant Secretary deems necessary; 

3 ‘‘(3) may specify ownership rights of the elec4 tronic explosive detection system images; and 

5 ‘‘(4) may be made with multiple parties. 

6 ‘‘(e) SYSTEM DESIGN.—Prior to entering into a con7 tract under this section with respect to an airport, the As8 sistant Secretary shall consult with the operator and users 

9 of the airport to ensure that the provision of electronic 

10 explosive detection system images under this section takes 

11 into consideration the operational needs of the airport and 

12 its users. 

13 ‘‘(f) PRIORITY CONSIDERATION.—The Assistant Sec14 retary shall give priority under this section to entering into 

15 contracts that will expedite the installation of integrated 

16 in-line explosive detection systems at air carrier airports 

17 (as defined in section 47102) that have approved plans 

18 on the date of enactment of this section. 

19 ‘‘(g) SCORING.—Notwithstanding any other provision 

20 of law, any contract entered into under this section shall 

21 be treated and scored as an operating lease as defined in 

22 the Office of Management and Budget Circular A–11.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis for such 

24 chapter is amended by inserting after the item relating 

25 to section 44924 the following: 
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‘‘44925. Authority to enter into multi-year contracts for the provision of electronic explosive detection system images for checked baggage 

and related items.’’. 

1 SEC. 3. AVIATION SECURITY CAPITAL FUND. 

2 (a) IN GENERAL.—Section 44923(h)(1) of title 49, 

3 United States Code, is amended— 

4 (1) by striking ‘‘in each of fiscal years 2004’’ 

5 and inserting ‘‘in fiscal year 2004 and the first 

6 $500,000,000 derived from such fees in each of fis7 cal years 2005’’; and 

8 (2) by striking ‘‘in each of such fiscal years’’ 

9 and inserting ‘‘in fiscal year 2004 and at least 

10 $500,000,000 in each of fiscal years 2005 through 

11 2007’’. 

12 (b) DISCRETIONARY GRANTS.—Section 44923(h)(3) 

13 of such title is amended by inserting after 

14 ‘‘$125,000,000’’ the following: ‘‘for fiscal year 2004 and 

15 $375,000,000 for each of fiscal years 2005 through 

16 2007’’. 

17 SEC. 4. TRANSPORTATION SECURITY STRATEGIC PLAN18 NING. 

19 Section 44904 of title 49, United States Code, is 

20 amended— 

21 (1) by redesignating subsection (c) as sub22 section (e); and 

23 (2) by inserting after subsection (b) the fol24 lowing: 
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1 ‘‘(c) TRANSPORTATION SECURITY STRATEGIC PLAN2 NING.— 

3 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

4 Security shall prepare and update, as needed, a 

5 transportation sector specific plan and transpor6 tation modal security plans in accordance with this 

7 section. 

8 ‘‘(2) CONTENTS.—At a minimum, the modal se9 curity plan for aviation prepared under paragraph 

10 (1) shall— 

11 ‘‘(A) set risk-based priorities for defending 

12 aviation assets; 

13 ‘‘(B) select the most practical and cost-ef14 fective methods for defending aviation assets; 

15 ‘‘(C) assign roles and missions to Federal, 

16 State, regional, and local authorities and to 

17 stakeholders; 

18 ‘‘(D) establish a damage mitigation and re19 covery plan for the aviation system in the event 

20 of a terrorist attack; and 

21 ‘‘(E) include a threat matrix document 

22 that outlines each threat to the United States 

23 civil aviation system and the corresponding lay24 ers of security in place to address such threat. 
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1 ‘‘(3) REPORTS.—Not later than 180 days after 

2 the date of enactment of the subsection and annually 

3 thereafter, the Secretary shall submit to the Com4 mittee on Transportation and Infrastructure of the 

5 House of Representatives and the Committee on 

6 Commerce, Science, and Transportation of the Sen7 ate a report containing the plans prepared under 

8 paragraph (1), including any updates to the plans. 

9 The report may be submitted in a classified format. 

10 ‘‘(d) OPERATIONAL CRITERIA.—Not later than 90 

11 days after the date of submission of the report under sub12 section (c)(3), the Assistant Secretary of Homeland Secu13 rity (Transportation Security Administration) shall issue 

14 operational criteria to protect airport infrastructure and 

15 operations against the threat identified in the plans pre16 pared under subsection (c)(1) and shall approve best prac17 tices guidelines for airport assets.’’. 

18 SEC. 5. NEXT GENERATION AIRLINE PASSENGER 

19 PRESCREENING. 

20 (a) IN GENERAL.—Section 44903(j)(2) of title 49, 

21 United States Code, is amended by adding at the end the 

22 following: 

23 ‘‘(C) NEXT GENERATION AIRLINE PAS24 SENGER PRESCREENING.— 
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1 ‘‘(i) COMMENCEMENT OF TESTING.— 

2 Not later than November 1, 2004, the As3 sistant Secretary of Homeland Security 

4 (Transportation Security Administration), 

5 or the designee of the Assistant Secretary, 

6 shall commence testing of a next genera7 tion passenger prescreening system that 

8 will allow the Department of Homeland Se9 curity to assume the performance of com10 paring passenger name records to the 

11 automatic selectee and no fly lists, utilizing 

12 all appropriate records in the consolidated 

13 and integrated terrorist watchlist main14 tained by the Federal Government. 

15 ‘‘(ii) ASSUMPTION OF FUNCTION.— 

16 Not later than 180 days after completion 

17 of testing under clause (i), the Assistant 

18 Secretary, or the designee of the Assistant 

19 Secretary, shall assume the performance of 

20 the passenger prescreening function of 

21 comparing passenger name records to the 

22 automatic selectee and no fly lists and uti23 lize all appropriate records in the consoli24 dated and integrated terrorist watchlist 
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1 maintained by the Federal Government in 

2 performing that function. 

3 ‘‘(iii) REQUIREMENTS.—In assuming 

4 performance of the function under clause 

5 (i), the Assistant Secretary shall— 

6 ‘‘(I) establish a procedure to en7 able airline passengers, who are de8 layed or prohibited from boarding a 

9 flight because the next generation 

10 passenger prescreening system deter11 mined that they might pose a security 

12 threat, to appeal such determination 

13 and correct information contained in 

14 the system; 

15 ‘‘(II) ensure that Federal Gov16 ernment databases that will be used 

17 to establish the identity of a pas18 senger under the system will not 

19 produce a large number of false 

20 positives; 

21 ‘‘(III) establish an internal over22 sight board to oversee and monitor 

23 the manner in which the system is 

24 being implemented; 
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1 ‘‘(IV) establish sufficient oper2 ational safeguards to reduce the op3 portunities for abuse; 

4 ‘‘(V) implement substantial secu5 rity measures to protect the system 

6 from unauthorized access; 

7 ‘‘(VI) adopt policies establishing 

8 effective oversight of the use and op9 eration of the system; and 

10 ‘‘(VII) ensure that there are no 

11 specific privacy concerns with the 

12 technological architecture of the sys13 tem. 

14 ‘‘(iv) PASSENGER NAME RECORDS.— 

15 Not later than 60 days after the comple16 tion of the testing of the next generation 

17 passenger prescreening system, the Assist18 ant Secretary shall require air carriers to 

19 supply to the Assistant Secretary the pas20 senger name records needed to begin im21 plementing the next generation passenger 

22 prescreening system. 

23 ‘‘(D) SCREENING OF EMPLOYEES AGAINST

24 WATCHLIST.—The Assistant Secretary of 

25 Homeland Security (Transportation Security 
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1 Administration), in coordination with the Sec2 retary of Transportation and the Administrator 

3 of the Federal Aviation Administration, shall 

4 ensure that individuals are screened against all 

5 appropriate records in the consolidated and in6 tegrated terrorist watchlist maintained by the 

7 Federal Government before— 

8 ‘‘(i) being certificated by the Federal 

9 Aviation Administration; 

10 ‘‘(ii) being issued a credential for ac11 cess to the secure area of an airport; or 

12 ‘‘(iii) being issued a credential for ac13 cess to the air operations area (as defined 

14 in section 1540.5 of title 49, Code of Fed15 eral Regulations, or any successor regula16 tion to such section) of an airport. 

17 ‘‘(E) APPEAL PROCEDURES.—The Assist18 ant Secretary shall establish a timely and fair 

19 process for individuals identified as a threat 

20 under subparagraph (D) to appeal the deter21 mination and correct any erroneous informa22 tion. 

23 ‘‘(F) DEFINITION.—In this paragraph, the 

24 term ‘secure area of an airport’ means the ster25 ile area and the Secure Identification Display 
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1 Area of an airport (as such terms are defined 

2 in section 1540.5 of title 49, Code of Federal 

3 Regulations, or any successor regulation to such 

4 section).’’. 

5 (b) GAO REPORT.— 

6 (1) IN GENERAL.—Not later than 90 days after 

7 the date on which the Assistant Secretary of Home8 land Security (Transportation Security Administra9 tion) assumes performance of the passenger 

10 prescreening function under section 

11 44903(j)(2)(C)(ii) of title 49, United States Code, 

12 the Comptroller General shall submit to the appro13 priate congressional committees a report on the as14 sumption of such function. The report may be sub15 mitted in a classified format. 

16 (2) CONTENTS.—The report under paragraph 

17 (1) shall address— 

18 (A) whether a system exists in the next 

19 generation passenger prescreening system 

20 whereby aviation passengers, determined to 

21 pose a threat and either delayed or prohibited 

22 from boarding their scheduled flights by the 

23 Transportation Security Administration, may 

24 appeal such a decision and correct erroneous in25 formation; 
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1 (B) the sufficiency of identifying informa2 tion contained in passenger name records and 

3 any government databases for ensuring that a 

4 large number of false positives will not result 

5 under the next generation passenger 

6 prescreening system in a significant number of 

7 passengers being treated as a threat mistakenly 

8 or in security resources being diverted; 

9 (C) whether the Transportation Security 

10 Administration stress tested the next generation 

11 passenger prescreening system; 

12 (D) whether an internal oversight board 

13 has been established in the Department of 

14 Homeland Security to monitor the next genera15 tion passenger prescreening system; 

16 (E) whether sufficient operational safe17 guards have been established to prevent the op18 portunities for abuse of the system; 

19 (F) whether substantial security measures 

20 are in place to protect the passenger 

21 prescreening database from unauthorized ac22 cess; 

23 (G) whether policies have been adopted for 

24 the effective oversight of the use and operation 

25 of the system; 
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1 (H) whether specific privacy concerns still 

2 exist with the system; and 

3 (I) whether appropriate life cycle cost esti4 mates have been developed, and a benefit and 

5 cost analysis has been performed, for the sys6 tem. 

7 SEC. 6. DEPLOYMENT AND USE OF EXPLOSIVE DETECTION 

8 EQUIPMENT AT AIRPORT SCREENING CHECK9 POINTS. 

10 (a) NONMETALLIC WEAPONS AND EXPLOSIVES.—In 

11 order to improve security, the Assistant Secretary of 

12 Homeland Security (Transportation Security Administra13 tion) shall give priority to developing, testing, improving, 

14 and deploying technology at screening checkpoints at air15 ports that will detect nonmetallic weapons and explosives 

16 on the person of individuals, in their clothing, or in their 

17 carry-on baggage or personal property and shall ensure 

18 that the equipment alone, or as part of an integrated sys19 tem, can detect under realistic operating conditions the 

20 types of nonmetallic weapons and explosives that terrorists 

21 would likely try to smuggle aboard an air carrier aircraft. 

22 (b) STRATEGIC PLAN FOR DEPLOYMENT AND USE

23 OF EXPLOSIVE DETECTION EQUIPMENT AT AIRPORT

24 SCREENING CHECKPOINTS.— 
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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of enactment of this Act, the Assistant Sec3 retary shall transmit to the appropriate congres4 sional committees a strategic plan to promote the 

5 optimal utilization and deployment of explosive de6 tection systems at airports to screen individuals and 

7 their carry-on baggage or personal property, includ8 ing walk-through explosive detection portals, docu9 ment scanners, shoe scanners, and any other explo10 sive detection equipment for use at a screening 

11 checkpoint. The plan may be transmitted in a classi12 fied format. 

13 (2) CONTENTS.—The strategic plan shall in14 clude descriptions of the operational applications of 

15 explosive detection equipment at airport screening 

16 checkpoints, a deployment schedule and quantities of 

17 equipment needed to implement the plan, and fund18 ing needs for implementation of the plan, including 

19 a financing plan that provides for leveraging non20 Federal funding. 

21 SEC. 7. PILOT PROGRAM TO EVALUATE USE OF BLAST-RE22 SISTANT CARGO AND BAGGAGE CONTAINERS. 

23 (a) IN GENERAL.—Beginning not later than 180 

24 days after the date of enactment of this Act, the Assistant 

25 Secretary of Homeland Security (Transportation Security 
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1 Administration) shall carry out a pilot program to evalu2 ate the use of blast-resistant containers for cargo and bag3 gage on passenger aircraft to minimize the potential ef4 fects of detonation of an explosive device. 

5 (b) INCENTIVES FOR PARTICIPATION IN PILOT PRO6 GRAM.— 

7 (1) IN GENERAL.—As part of the pilot pro8 gram, the Assistant Secretary shall provide incen9 tives to air carriers to volunteer to test the use of 

10 blast-resistant containers for cargo and baggage on 

11 passenger aircraft. 

12 (2) APPLICATIONS.—To volunteer to participate 

13 in the incentive program, an air carrier shall submit 

14 to the Assistant Secretary an application that is in 

15 such form and contains such information as the As16 sistant Secretary requires. 

17 (3) TYPES OF ASSISTANCE.—Assistance pro18 vided by the Assistant Secretary to air carriers that 

19 volunteer to participate in the pilot program shall in20 clude the use of blast-resistant containers and finan21 cial assistance to cover increased costs to the car22 riers associated with the use and maintenance of the 

23 containers, including increased fuel costs. 

24 (c) REPORT.—Not later than one year after the date 

25 of enactment of this Act, the Assistant Secretary shall 
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1 submit to appropriate congressional committees a report 

2 on the results of the pilot program. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this section 

5 $2,000,000. Such sums shall remain available until ex6 pended. 

7 SEC. 8. AIR CARGO SCREENING TECHNOLOGY. 

8 The Transportation Security Administration shall de9 velop technology to better identify, track, and screen air 

10 cargo. 

11 SEC. 9. AIRPORT CHECKPOINT SCREENING EXPLOSIVE DE12 TECTION. 

13 Section 44940 of title 49, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘(i) CHECKPOINT SCREENING SECURITY FUND.— 

16 ‘‘(1) ESTABLISHMENT.—There is established in 

17 the Department of Homeland Security a fund to be 

18 known as the ‘Checkpoint Screening Security Fund’. 

19 ‘‘(2) DEPOSITS.—In each of fiscal years 2005 

20 and 2006, after amounts are made available under 

21 section 44923(h), the next $30,000,000 derived from 

22 fees received under subsection (a)(1) shall be avail23 able to be deposited in the Fund. 

24 ‘‘(3) FEES.—The Secretary of Homeland Secu25 rity shall impose the fee authorized by subsection 
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1 (a)(1) so as to collect at least $30,000,000 in each 

2 of fiscal years 2005 and 2006 for deposit into the 

3 Fund. 

4 ‘‘(4) AVAILABILITY OF AMOUNTS.—Amounts in 

5 the Fund shall be available for the purchase, deploy6 ment, and installation of equipment to improve the 

7 ability of security screening personnel at screening 

8 checkpoints to detect explosives.’’. 

9 SEC. 10. NEXT GENERATION SECURITY CHECKPOINT. 

10 (a) PILOT PROGRAM.—The Transportation Security 

11 Administration shall develop, not later than 120 days after 

12 the date of enactment of this Act, and conduct a pilot pro13 gram to test, integrate, and deploy next generation secu14 rity checkpoint screening technology at not less than 5 air15 ports in the United States. 

16 (b) HUMAN FACTOR STUDIES.— The Administration 

17 shall conduct human factors studies to improve screener 

18 performance as part of the pilot program under subsection 

19 (a). 

20 SEC. 11. PENALTY FOR FAILURE TO SECURE COCKPIT 

21 DOOR. 

22 (a) CIVIL PENALTY.—Section 46301(a) of title 49, 

23 United States Code, is amended by adding at the end the 

24 following: 
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1 ‘‘(6) PENALTY FOR FAILURE TO SECURE

2 FLIGHT DECK DOOR.—Any person holding a part 

3 119 certificate under part of title 14, Code of Fed4 eral Regulations, is liable to the Government for a 

5 civil penalty of not more than $25,000 for each vio6 lation, by the pilot in command of an aircraft owned 

7 or operated by such person, of any Federal regula8 tion that requires that the flight deck door be closed 

9 and locked when the aircraft is being operated.’’. 

10 (b) TECHNICAL CORRECTIONS.— 

11 (1) COMPROMISE AND SETOFF FOR FALSE IN12 FORMATION.—Section 46302(b) of such title is 

13 amended by striking ‘‘Secretary of Transportation’’ 

14 and inserting ‘‘Secretary of the Department of 

15 Homeland Security and, for a violation relating to 

16 section 46504, the Secretary of Transportation,’’. 

17 (2) CARRYING A WEAPON.—Section 46303 of 

18 such title is amended— 

19 (A) in subsection (b) by striking ‘‘Sec20 retary of Transportation’’ and inserting ‘‘Sec21 retary of Homeland Security’’; and 

22 (B) in subsection (c)(2) by striking 

23 ‘‘Under Secretary of Transportation for Secu24 rity’’ and inserting ‘‘Secretary of Homeland Se25 curity’’. 
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1 (3) ADMINISTRATIVE IMPOSITION OF PEN2 ALTIES.—Section 46301(d) of such title is amend3 ed— 

4 (A) in the first sentence of paragraph (2) 

5 by striking ‘‘46302, 46303,’’ and inserting 

6 ‘‘46302 (for a violation relating to section 

7 46504),’’; and 

8 (B) in the second sentence of paragraph 

9 (2)— 

10 (i) by striking ‘‘Under Secretary of 

11 Transportation for Security’’ and inserting 

12 ‘‘Secretary of Homeland Security’’; and 

13 (ii) by striking ‘‘44909)’’ and insert14 ing ‘‘44909), 46302 (except for a violation 

15 relating to section 46504), 46303,’’; 

16 (C) in each of paragraphs (2), (3), and (4) 

17 by striking ‘‘Under Secretary or’’ and inserting 

18 ‘‘Secretary of Homeland Security’’; and 

19 (D) in paragraph (4)(A) by moving clauses 

20 (i), (ii), and (iii) 2 ems to the left. 

21 SEC. 12. FEDERAL AIR MARSHAL ANONYMITY. 

22 The Director of the Federal Air Marshal Service of 

23 the Department of Homeland Security shall continue to 

24 develop operational initiatives to protect the anonymity of 

25 Federal air marshals. 
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1 SEC. 13. FEDERAL LAW ENFORCEMENT IN-FLIGHT 

2 COUNTERTERRORISM TRAINING. 

3 The Assistant Secretary for Immigration and Cus4 toms Enforcement and the Director of Federal Air Mar5 shal Service of the Department of Homeland Security, in 

6 coordination with the Assistant Secretary of Homeland 

7 Security (Transportation Security Administration), shall 

8 make available appropriate in-flight counterterrorism pro9 cedures and tactics training to Federal law enforcement 

10 officers who fly while on duty. 

11 SEC. 14. FEDERAL FLIGHT DECK OFFICER WEAPON CAR12 RIAGE PILOT PROGRAM. 

13 (a) IN GENERAL.—Not later than 90 days after the 

14 date of enactment of this Act, the Assistant Secretary of 

15 Homeland Security (Transportation Security Administra16 tion) shall implement a pilot program to allow pilots par17 ticipating in the Federal flight deck officer program to 

18 transport their firearms on their persons. The Assistant 

19 Secretary may prescribe any training, equipment, or pro20 cedures that the Assistant Secretary determines necessary 

21 to ensure safety and maximize weapon retention. 

22 (b) REVIEW.—Not later than 1 year after the date 

23 of initiation of the pilot program, the Assistant Secretary 

24 shall conduct a review of the safety record of the pilot 

25 program and transmit a report on the results of the review 

26 to the appropriate congressional committees. 
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1 (c) OPTION.—If the Assistant Secretary as part of 

2 the review under subsection (b) determines that the safety 

3 level obtained under the pilot program is comparable to 

4 the safety level determined under existing methods of pi5 lots carrying firearms on aircraft, the Assistant Secretary 

6 shall allow all pilots participating in the Federal flight 

7 deck officer program the option of carrying their firearm 

8 on their person subject to such requirements as the Assist9 ant Secretary determines appropriate. 

10 SEC. 15. INTERNATIONAL AGREEMENTS TO ALLOW MAX11 IMUM DEPLOYMENT OF FEDERAL FLIGHT 

12 DECK OFFICERS. 

13 The President is encouraged to pursue aggressively 

14 international agreements with foreign governments to 

15 allow the maximum deployment of Federal air marshals 

16 and Federal flight deck officers on international flights. 

17 SEC. 16. REGISTERED TRAVELER PROGRAM. 

18 The Transportation Security Administration shall ex19 pedite implementation of the registered traveler program. 

20 SEC. 17. WIRELESS COMMUNICATION. 

21 (a) STUDY.—The Transportation Security Adminis22 tration, in consultation with the Federal Aviation Admin23 istration, shall conduct a study to determine the viability 

24 of providing devices or methods, including wireless meth25 ods, to enable a flight crew to discreetly notify the pilot 
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1 in the case of a security breach or safety issue occurring 

2 in the cabin. 

3 (b) MATTERS TO BE CONSIDERED.—In conducting 

4 the study, the Transportation Security Administration 

5 and the Federal Aviation Administration shall consider 

6 technology that is readily available and can be quickly in7 tegrated and customized for use aboard aircraft for flight 

8 crew communication. 

9 (c) REPORT.—Not later than 180 days after the date 

10 of enactment of this Act, the Transportation Security Ad11 ministration shall submit to the appropriate congressional 

12 committees a report on the results of the study. 

13 SEC. 18. SECONDARY FLIGHT DECK BARRIERS. 

14 Not later than 6 months after the date of enactment 

15 of this Act, the Assistant Secretary of Homeland Security 

16 (Transportation Security Administration) shall transmit 

17 to the appropriate congressional committees a report on 

18 the costs and benefits associated with the use of secondary 

19 flight deck barriers and whether the use of such barriers 

20 should be mandated for all air carriers. The Assistant Sec21 retary may transmit the report in a classified format. 

22 SEC. 19. EXTENSION. 

23 Section 48301(a) of title 49, United States Code, is 

24 amended by striking ‘‘and 2005’’ and inserting ‘‘2005, 

25 and 2006’’. 
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1 SEC. 20. UNDER SECRETARY FOR LOCAL GOVERNMENT 

2 AND TOURISM OF THE DEPARTMENT OF 

3 HOMELAND SECURITY. 

4 (a) ESTABLISHMENT OF UNDER SECRETARY FOR

5 LOCAL GOVERNMENT AND TOURISM.—Section 103(a) of 

6 the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is 

7 amended— 

8 (1) by redesignating paragraphs (6) through 

9 (9) as paragraphs (7) through (10), respectively; 

10 and 

11 (2) by inserting after paragraph (5) the fol12 lowing: 

13 ‘‘(6) An Under Secretary for Local Government 

14 and Tourism.’’. 

15 (b) FUNCTIONS.—Such Act is further amended— 

16 (1) in section 102(c) (6 U.S.C. 112(c)) by strik17 ing ‘‘through the Office of State and Local Coordi18 nation (established under section 801)’’ and insert19 ing ‘‘through the Under Secretary for Local Govern20 ment and Tourism’’; 

21 (2) in section 102(f) (6 U.S.C. 112(f)) by strik22 ing the subsection designator and all that precedes 

23 paragraph (1) and inserting the following: 

24 ‘‘(f) UNDER SECRETARY FOR LOCAL GOVERNMENT

25 AND TOURISM.—The Under Secretary for Local Govern26 ment and Tourism shall be responsible for’’; 
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1 (3) in section 801(a) (6 U.S.C. 361(a))—

2 (A) by striking ‘‘in the Office of the Sec3 retary’’; and 

4 (B) by adding at the end the following: 

5 ‘‘The Under Secretary for Local Government 

6 and Tourism shall be the head of the Office.’’; 

7 and 

8 (4) in section 801(b) by striking ‘‘The Office 

9 established under this section’’ and inserting ‘‘The 

10 Under Secretary for Local Government and Tour11 ism, acting through the Office,’’. 

12 SEC. 21. FEDERAL AIR MARSHAL TRAINING. 

13 Section 44917 of title 49, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘(d) TRAINING FOR FOREIGN LAW ENFORCEMENT

16 PERSONNEL.—

17 ‘‘(1) IN GENERAL.—The Assistant Secretary for 

18 Immigration and Customs Enforcement of the De19 partment of Homeland Security, after consultation 

20 with the Secretary of State, may direct the Federal 

21 Air Marshal Service to provide appropriate air mar22 shal training to law enforcement personnel of foreign 

23 countries. 

24 ‘‘(2) WATCHLIST SCREENING.—The Federal 

25 Air Marshal Service may only provide appropriate 
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1 air marshal training to law enforcement personnel of 

2 foreign countries after comparing the identifying in3 formation and records of law enforcement personnel 

4 of foreign countries against appropriate records in 

5 the consolidated and integrated terrorist watchlists 

6 of the Federal Government. 

7 ‘‘(3) FEES.—The Assistant Secretary shall es8 tablish reasonable fees and charges to pay expenses 

9 incurred in carrying out this subsection. Funds col10 lected under this subsection shall be credited to the 

11 account in the Treasury from which the expenses 

12 were incurred and shall be available to the Assistant 

13 Secretary for purposes for which amounts in such 

14 account are available.’’. 

15 SEC. 22. PERIMETER SECURITY. 

16 (a) REPORT.—Not later than 180 days after the date 

17 of enactment of this Act, the Assistant Secretary of Home18 land Security (Transportation Security Administration), 

19 in consultation with airport operators and law enforce20 ment authorities, shall develop and submit to the appro21 priate congressional committee a report on airport perim22 eter security. The report may be submitted in a classified 

23 format. 

24 (b) CONTENTS.—The report shall include— 
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1 (1) an examination of the feasibility of access 

2 control technologies and procedures, including the 

3 use of biometrics and other methods of positively 

4 identifying individuals prior to entry into secure 

5 areas of airports, and provide best practices for en6 hanced perimeter access control techniques; and 

7 (2) an assessment of the feasibility of physically 

8 screening all individuals prior to entry into secure 

9 areas of an airport and additional methods for 

10 strengthening the background vetting process for all 

11 individuals credentialed to gain access to secure 

12 areas of airports. 

13 SEC. 23. MAN-PORTABLE AIR DEFENSE SYSTEMS 

14 (MANPADS). 

15 (a) UNITED STATES POLICY ON NONPROLIFERATION

16 AND EXPORT CONTROL.— 

17 (1) TO LIMIT AVAILABILITY AND TRANSFER OF

18 MANPADS.—The President shall pursue, on an ur19 gent basis, further strong international diplomatic 

20 and cooperative efforts, including bilateral and mul21 tilateral treaties, in the appropriate forum to limit 

22 the availability, transfer, and proliferation of 

23 MANPADSs worldwide. 

24 (2) TO LIMIT THE PROLIFERATION OF

25 MANPADS.—The President is encouraged to seek to 
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1 enter into agreements with the governments of for2 eign countries that, at a minimum, would— 

3 (A) prohibit the entry into force of a 

4 MANPADS manufacturing license agreement 

5 and MANPADS co-production agreement, other 

6 than the entry into force of a manufacturing li7 cense or co-production agreement with a coun8 try that is party to such an agreement; 

9 (B) prohibit, except pursuant to transfers 

10 between governments, the export of a 

11 MANPADS, including any component, part, ac12 cessory, or attachment thereof, without an indi13 vidual validated license; and 

14 (C) prohibit the reexport or retransfer of a 

15 MANPADS, including any component, part, ac16 cessory, or attachment thereof, to a third per17 son, organization, or government unless the 

18 written consent of the government that ap19 proved the original export or transfer is first 

20 obtained. 

21 (3) TO ACHIEVE DESTRUCTION OF MANPADS.— 

22 The President should continue to pursue further 

23 strong international diplomatic and cooperative ef24 forts, including bilateral and multilateral treaties, in 

25 the appropriate forum to assure the destruction of 
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1 excess, obsolete, and illicit stocks of MANPADSs 

2 worldwide. 

3 (4) REPORTING AND BRIEFING REQUIRE4 MENT.— 

5 (A) PRESIDENT’S REPORT.—Not later 

6 than 180 days after the date of enactment of 

7 this Act, the President shall transmit to the ap8 propriate congressional committees a report 

9 that contains a detailed description of the sta10 tus of diplomatic efforts under paragraphs (1), 

11 (2), and (3) and of efforts by the appropriate 

12 United States agencies to comply with the rec13 ommendations of the General Accounting Office 

14 set forth in its report GAO–04–519, entitled 

15 ‘‘Nonproliferation: Further Improvements 

16 Needed in U.S. Efforts to Counter Threats 

17 from Man-Portable Air Defense Systems’’. 

18 (B) ANNUAL BRIEFINGS.—Annually after 

19 the date of submission of the report under sub20 paragraph (A) and until completion of the dip21 lomatic and compliance efforts referred to in 

22 subparagraph (A), the Secretary of State shall 

23 brief the appropriate congressional committees 

24 on the status of such efforts. 
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1 (b) FAA AIRWORTHINESS CERTIFICATION OF MIS2 SILE DEFENSE SYSTEMS FOR COMMERCIAL AIRCRAFT.— 

3 (1) IN GENERAL.—As soon as practicable, but 

4 not later than the date of completion of Phase II of 

5 the Department of Homeland Security’s counter6 man-portable air defense system (MANPADS) devel7 opment and demonstration program, the Adminis8 trator of the Federal Aviation Administration shall 

9 establish a process for conducting airworthiness and 

10 safety certification of missile defense systems for 

11 commercial aircraft certified as effective and func12 tional by the Department of Homeland Security. 

13 The process shall require a certification by the Ad14 ministrator that such systems can be safely inte15 grated into aircraft systems and ensure airworthi16 ness and aircraft system integrity. 

17 (2) CERTIFICATION ACCEPTANCE.—Under the 

18 process, the Administrator shall accept the certifi19 cation of the Department of Homeland Security that 

20 a missile defense system is effective and functional 

21 to defend commercial aircraft against MANPADSs. 

22 (3) EXPEDITIOUS CERTIFICATION.—Under the 

23 process, the Administrator shall expedite the air24 worthiness and safety certification of missile defense 
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1 systems for commercial aircraft certified by the De2 partment of Homeland Security. 

3 (4) REPORTS.—Not later than 90 days after 

4 the first airworthiness and safety certification for a 

5 missile defense system for commercial aircraft is 

6 issued by the Administrator, and annually thereafter 

7 until December 31, 2008, the Federal Aviation Ad8 ministration shall transmit to the Committee on 

9 Transportation and Infrastructure of the House of 

10 Representatives and the Committee on Commerce, 

11 Science, and Transportation of the Senate a report 

12 that contains a detailed description of each air13 worthiness and safety certification issued for a mis14 sile defense system for commercial aircraft. 

15 (c) PROGRAMS TO REDUCE MANPADS.—

16 (1) IN GENERAL.—The President is encouraged 

17 to pursue strong programs to reduce the number of 

18 MANPADS worldwide so that fewer MANPADS will 

19 be available for trade, proliferation, and sale. 

20 (2) REPORTING AND BRIEFING REQUIRE21 MENTS.—Not later than 180 days after the date of 

22 enactment of this Act, the President shall transmit 

23 to the appropriate congressional committees a report 

24 that contains a detailed description of the status of 

25 the programs being pursued under subsection (a). 
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1 Annually thereafter until the programs are no longer 

2 needed, the Secretary of State shall brief the appro3 priate congressional committees on the status of pro4 grams. 

5 (3) FUNDING.—There are authorized to be ap6 propriated such sums as may be necessary to carry 

7 out this section. 

8 (d) MANPADS VULNERABILITY ASSESSMENTS RE9 PORT.—

10 (1) IN GENERAL.—Not later than one year 

11 after the date of enactment of this Act, the Sec12 retary of Homeland Security shall transmit to the 

13 Committee on Transportation and Infrastructure of 

14 the House of Representatives and the Committee on 

15 Commerce, Science, and Transportation of the Sen16 ate a report describing the Department of Homeland 

17 Security’s plans to secure airports and the aircraft 

18 arriving and departing from airports against 

19 MANPADS attacks. 

20 (2) MATTERS TO BE ADDRESSED.—The Sec21 retary’s report shall address, at a minimum, the fol22 lowing: 

23 (A) The status of the Department’s efforts 

24 to conduct MANPADS vulnerability assess-
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1 ments at United States airports at which the 

2 Department is conducting assessments. 

3 (B) How intelligence is shared between the 

4 United States intelligence agencies and Federal, 

5 State, and local law enforcement to address the 

6 MANPADS threat and potential ways to im7 prove such intelligence sharing. 

8 (C) Contingency plans that the Depart9 ment has developed in the event that it receives 

10 intelligence indicating a high threat of a 

11 MANPADS attack on aircraft at or near 

12 United States airports. 

13 (D) The feasibility and effectiveness of im14 plementing public education and neighborhood 

15 watch programs in areas surrounding United 

16 States airports in cases in which intelligence re17 ports indicate there is a high risk of 

18 MANPADS attacks on aircraft. 

19 (E) Any other issues that the Secretary 

20 deems relevant. 

21 (3) FORMAT.—The report required by this sub22 section may be submitted in a classified format. 

23 (e) DEFINITIONS.—In this section, the following defi24 nitions apply: 
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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Armed Services, the 

5 Committee on International Relations, and the 

6 Committee on Transportation and Infrastruc7 ture of the House of Representatives; and 

8 (B) the Committee on Armed Services, the 

9 Committee on Foreign Relations, and the Com10 mittee on Commerce, Science, and Transpor11 tation of the Senate. 

12 (2) MANPADS.—The term ‘‘MANPADS’’ 

13 means— 

14 (A) a surface-to-air missile system de15 signed to be man-portable and carried and fired 

16 by a single individual; and 

17 (B) any other surface-to-air missile system 

18 designed to be operated and fired by more than 

19 one individual acting as a crew and portable by 

20 several individuals. 

21 SEC. 24. DEFINITIONS. 

22 In this Act (other than section 23), the following defi23 nitions apply: 

24 (1) APPROPRIATE CONGRESSIONAL COM25 MITTEE.—The term ‘‘appropriate congressional com-
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1 mittees’’ means the Committee on Transportation 

2 and Infrastructure of the House of Representatives 

3 and the Committee on Commerce, Science, and 

4 Transportation of the Senate. 

5 (2) AIR CARRIER.—The term ‘‘air carrier’’ has 

6 the meaning such term has under section 40102 of 

7 title 49, United States Code. 

8 (3) SECURE AREA OF AN AIRPORT.—The term 

9 ‘‘secure area of an airport’’ means the sterile area 

10 and the Secure Identification Display Area of an air11 port (as such terms are defined in section 1540.5 of 

12 title 49, Code of Federal Regulations, or any suc13 cessor regulation to such section). 

Æ