120 days after the date of enactment of paragraph 
(5), guidance for’’; and 
(2) by adding at the end the following: 
‘‘(5) USE OF BIOMETRIC TECHNOLOGY IN AIR-
PORT ACCESS CONTROL SYSTEMS.—In issuing guid-
ance under paragraph (4)(E), the Assistant Sec-
retary of Homeland Security (Transportation Secu-
rity Administration), in consultation with represent-
atives of the aviation industry, the biometrics indus-
try, and the National Institute of Standards and 
Technology, shall establish, at a minimum— 
‘‘(A) comprehensive technical and oper-
ational system requirements and performance 
standards for the use of biometrics in airport 
access control systems (including airport perim-
eter access control systems) to ensure that the 
biometric systems are effective, reliable, and se-
cure; 
‘‘(B) a list of products and vendors that 
meet such requirements and standards; 
‘‘(C) procedures for implementing biomet-
ric systems— 
‘‘(i) to ensure that individuals do not 
use an assumed identity to enroll in a bio-
metric system; and
‘‘(ii) to resolve failures to enroll, false 
matches, and false non-matches; and 
‘‘(D) best practices for incorporating bio-
metric 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 120 
days after the date of enactment of this para-
graph, the Assistant Secretary shall— 
‘‘(i) establish a law enforcement offi-
cer travel credential that incorporates bio-
metrics and is uniform across all Federal, 
State, and local government law enforce-
ment agencies; 
‘‘(ii) establish a process by which the 
travel credential will be used to verify the 
identity of a Federal, State, or local gov-
ernment law enforcement officer seeking to 
carry a weapon on board an aircraft, with-
out unnecessarily disclosing to the public
that the individual is a law enforcement of-
ficer; 
‘‘(iii) establish procedures— 
‘‘(I) to ensure that only Federal, 
State, and local government law en-
forcement officers are issued the trav-
el 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 cre-
dential to each Federal, State, and local 
government law enforcement officer au-
thorized by the Assistant Secretary to 
carry a weapon on board an aircraft; and 
‘‘(v) take such other actions with re-
spect to the travel credential as the Sec-
retary considers appropriate. 
‘‘(B) FUNDING.—There are authorized to 
be appropriated such sums as may be necessary 
to carry out this paragraph.
‘‘(7) DEFINITIONS.—In this subsection, the fol-
lowing 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 indi-
vidual to enroll in a biometric system due to an 
insufficiently distinctive biometric sample, the 
lack of a body part necessary to provide the bio-
metric sample, a system design that makes it 
difficult to provide consistent biometric infor-
mation, or other factors. 
‘‘(D) FALSE
MATCH.—The term ‘false 
match’ means the incorrect matching of one in-
dividual’s biometric information to another indi-
vidual’s biometric information by a biometric 
system.
‘‘(E) FALSE NON-MATCH.—The term ‘false 
non-match’ means the rejection of a valid iden-
tity by a biometric system. 
‘‘(F) SECURE AREA OF AN AIRPORT.—The 
term ‘secure area of an airport’ means the ster-
ile 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).’’. 
(b) FUNDING FOR USE OF BIOMETRIC TECHNOLOGY 
IN AIRPORT ACCESS CONTROL SYSTEMS.— 
(1) GRANT AUTHORITY.—Section 44923(a)(4) 
of title 49, United States Code, is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (3); 
(B) by redesignating paragraph (4) as 
paragraph (5); and 
(C) by inserting after paragraph (3) the 
following: 
‘‘(4) for projects to implement biometric tech-
nologies in accordance with guidance issued under 
section 44903(h)(4)(E); and’’. 
(2) 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 fis-
cal year 2004, $345,000,000 for fiscal year 2005, 
and $250,000,000 for each of fiscal years 2006 and 
2007’’. 
SEC. 2. CHECKED BAGGAGE SECURITY SCREENING. 
(a) IN GENERAL.—Subchapter I of chapter 449 of 
title 49 United States Code, is amended by adding at the 
end the following: 
‘‘§ 44925. Authority to enter into multi-year contracts 
for the provision of electronic explosive 
detection system images for checked bag-
gage and related items 
‘‘(a) GENERAL AUTHORITY.—Not later than 60 days 
after the date of enactment of this section, the Assistant 
Secretary of Homeland Security (Transportation Security 
Administration) shall establish a program to enter into 
multi-year contracts of not more than 10 years with air-
port operators or other non-Federal entities to provide 
electronic explosive detection system images of checked 
baggage for screening purposes. 
‘‘(b) REQUIRED FINDINGS.—The Assistant Secretary 
may enter into a contract for the provision of images 
under this section at an airport only if the Assistant Sec-
retary finds that the average annual cost of the contract
quired and any other operational requirements the 
Assistant Secretary deems necessary; 
‘‘(3) may specify ownership rights of the elec-
tronic explosive detection system images; and 
‘‘(4) may be made with multiple parties. 
‘‘(e) SYSTEM DESIGN.—Prior to entering into a con-
tract under this section with respect to an airport, the As-
sistant Secretary shall consult with the operator and users 
of the airport to ensure that the provision of electronic 
explosive detection system images under this section takes 
into consideration the operational needs of the airport and 
its users. 
‘‘(f) PRIORITY CONSIDERATION.—The Assistant Sec-
retary shall give priority under this section to entering into 
contracts that will expedite the installation of integrated 
in-line explosive detection systems at air carrier airports 
(as defined in section 47102) that have approved plans 
on the date of enactment of this section. 
‘‘(g) SCORING.—Notwithstanding any other provision 
of law, any contract entered into under this section shall 
be treated and scored as an operating lease as defined in 
the Office of Management and Budget Circular A–11.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by inserting after the item relating 
to section 44924 the following:
‘‘44925. Authority to enter into multi-year contracts for the provision of elec-
tronic explosive detection system images for checked baggage 
and related items.’’. 
SEC. 3. AVIATION SECURITY CAPITAL FUND. 
(a) IN GENERAL.—Section 44923(h)(1) of title 49, 
United States Code, is amended— 
(1) by striking ‘‘in each of fiscal years 2004’’ 
and inserting ‘‘in fiscal year 2004 and the first 
$500,000,000 derived from such fees in each of fis-
cal years 2005’’; and 
(2) by striking ‘‘in each of such fiscal years’’ 
and inserting ‘‘in fiscal year 2004 and at least 
$500,000,000 in each of fiscal years 2005 through 
2007’’. 
(b) DISCRETIONARY GRANTS.—Section 44923(h)(3) 
of 
such 
title 
is 
amended 
by 
inserting 
after 
‘‘$125,000,000’’ the following: ‘‘for fiscal year 2004 and 
$375,000,000 for each of fiscal years 2005 through 
2007’’. 
SEC. 4. TRANSPORTATION SECURITY STRATEGIC PLAN-
NING. 
Section 44904 of title 49, United States Code, is 
amended— 
(1) by redesignating subsection (c) as sub-
section (e); and 
(2) by inserting after subsection (b) the fol-
lowing:
‘‘(c) TRANSPORTATION SECURITY STRATEGIC PLAN-
NING.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall prepare and update, as needed, a 
transportation sector specific plan and transpor-
tation modal security plans in accordance with this 
section. 
‘‘(2) CONTENTS.—At a minimum, the modal se-
curity plan for aviation prepared under paragraph 
(1) shall— 
‘‘(A) set risk-based priorities for defending 
aviation assets; 
‘‘(B) select the most practical and cost-ef-
fective methods for defending aviation assets; 
‘‘(C) assign roles and missions to Federal, 
State, regional, and local authorities and to 
stakeholders; 
‘‘(D) establish a damage mitigation and re-
covery plan for the aviation system in the event 
of a terrorist attack; and 
‘‘(E) include a threat matrix document 
that outlines each threat to the United States 
civil aviation system and the corresponding lay-
ers of security in place to address such threat.
‘‘(3) REPORTS.—Not later than 180 days after 
the date of enactment of the subsection and annually 
thereafter, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate a report containing the plans prepared under 
paragraph (1), including any updates to the plans. 
The report may be submitted in a classified format. 
‘‘(d) OPERATIONAL CRITERIA.—Not later than 90 
days after the date of submission of the report under sub-
section (c)(3), the Assistant Secretary of Homeland Secu-
rity (Transportation Security Administration) shall issue 
operational criteria to protect airport infrastructure and 
operations against the threat identified in the plans pre-
pared under subsection (c)(1) and shall approve best prac-
tices guidelines for airport assets.’’. 
SEC. 
5. 
NEXT 
GENERATION 
AIRLINE 
PASSENGER 
PRESCREENING. 
(a) IN GENERAL.—Section 44903(j)(2) of title 49, 
United States Code, is amended by adding at the end the 
following: 
‘‘(C) NEXT
GENERATION
AIRLINE
PAS-
SENGER PRESCREENING.—
‘‘(i) COMMENCEMENT OF TESTING.— 
Not later than November 1, 2004, the As-
sistant Secretary of Homeland Security 
(Transportation Security Administration), 
or the designee of the Assistant Secretary, 
shall commence testing of a next genera-
tion passenger prescreening system that 
will allow the Department of Homeland Se-
curity to assume the performance of com-
paring passenger name records to the 
automatic selectee and no fly lists, utilizing 
all appropriate records in the consolidated 
and integrated terrorist watchlist main-
tained by the Federal Government. 
‘‘(ii) ASSUMPTION
OF
FUNCTION.— 
Not later than 180 days after completion 
of testing under clause (i), the Assistant 
Secretary, or the designee of the Assistant 
Secretary, shall assume the performance of 
the passenger prescreening function of 
comparing passenger name records to the 
automatic selectee and no fly lists and uti-
lize all appropriate records in the consoli-
dated and integrated terrorist watchlist
maintained by the Federal Government in 
performing that function. 
‘‘(iii) REQUIREMENTS.—In assuming 
performance of the function under clause 
(i), the Assistant Secretary shall— 
‘‘(I) establish a procedure to en-
able airline passengers, who are de-
layed or prohibited from boarding a 
flight because the next generation 
passenger prescreening system deter-
mined that they might pose a security 
threat, to appeal such determination 
and correct information contained in 
the system; 
‘‘(II) ensure that Federal Gov-
ernment databases that will be used 
to establish the identity of a pas-
senger under the system will not 
produce a large number of false 
positives; 
‘‘(III) establish an internal over-
sight board to oversee and monitor 
the manner in which the system is 
being implemented;
‘‘(IV) establish sufficient oper-
ational safeguards to reduce the op-
portunities for abuse; 
‘‘(V) implement substantial secu-
rity measures to protect the system 
from unauthorized access; 
‘‘(VI) adopt policies establishing 
effective oversight of the use and op-
eration of the system; and 
‘‘(VII) ensure that there are no 
specific privacy concerns with the 
technological architecture of the sys-
tem. 
‘‘(iv) PASSENGER NAME RECORDS.— 
Not later than 60 days after the comple-
tion of the testing of the next generation 
passenger prescreening system, the Assist-
ant Secretary shall require air carriers to 
supply to the Assistant Secretary the pas-
senger name records needed to begin im-
plementing the next generation passenger 
prescreening system. 
‘‘(D) SCREENING OF EMPLOYEES AGAINST 
WATCHLIST.—The 
Assistant 
Secretary 
of 
Homeland Security (Transportation Security
Administration), in coordination with the Sec-
retary of Transportation and the Administrator 
of the Federal Aviation Administration, shall 
ensure that individuals are screened against all 
appropriate records in the consolidated and in-
tegrated terrorist watchlist maintained by the 
Federal Government before— 
‘‘(i) being certificated by the Federal 
Aviation Administration; 
‘‘(ii) being issued a credential for ac-
cess to the secure area of an airport; or 
‘‘(iii) being issued a credential for ac-
cess to the air operations area (as defined 
in section 1540.5 of title 49, Code of Fed-
eral Regulations, or any successor regula-
tion to such section) of an airport. 
‘‘(E) APPEAL PROCEDURES.—The Assist-
ant Secretary shall establish a timely and fair 
process for individuals identified as a threat 
under subparagraph (D) to appeal the deter-
mination and correct any erroneous informa-
tion. 
‘‘(F) DEFINITION.—In this paragraph, the 
term ‘secure area of an airport’ means the ster-
ile 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).’’. 
(b) GAO REPORT.— 
(1) IN GENERAL.—Not later than 90 days after 
the date on which the Assistant Secretary of Home-
land Security (Transportation Security Administra-
tion) 
assumes 
performance 
of 
the 
passenger 
prescreening 
function 
under 
section 
44903(j)(2)(C)(ii) of title 49, United States Code, 
the Comptroller General shall submit to the appro-
priate congressional committees a report on the as-
sumption of such function. The report may be sub-
mitted in a classified format. 
(2) CONTENTS.—The report under paragraph 
(1) shall address— 
(A) whether a system exists in the next 
generation 
passenger 
prescreening 
system 
whereby aviation passengers, determined to 
pose a threat and either delayed or prohibited 
from boarding their scheduled flights by the 
Transportation Security Administration, may 
appeal such a decision and correct erroneous in-
formation;
(B) the sufficiency of identifying informa-
tion contained in passenger name records and 
any government databases for ensuring that a 
large number of false positives will not result 
under 
the 
next 
generation 
passenger 
prescreening system in a significant number of 
passengers being treated as a threat mistakenly 
or in security resources being diverted; 
(C) whether the Transportation Security 
Administration stress tested the next generation 
passenger prescreening system; 
(D) whether an internal oversight board 
has been established in the Department of 
Homeland Security to monitor the next genera-
tion passenger prescreening system; 
(E) whether sufficient operational safe-
guards have been established to prevent the op-
portunities for abuse of the system; 
(F) whether substantial security measures 
are 
in 
place 
to 
protect 
the 
passenger 
prescreening database from unauthorized ac-
cess; 
(G) whether policies have been adopted for 
the effective oversight of the use and operation 
of the system;
(H) whether specific privacy concerns still 
exist with the system; and 
(I) whether appropriate life cycle cost esti-
mates have been developed, and a benefit and 
cost analysis has been performed, for the sys-
tem. 
SEC. 6. DEPLOYMENT AND USE OF EXPLOSIVE DETECTION 
EQUIPMENT AT AIRPORT SCREENING CHECK-
POINTS. 
(a) NONMETALLIC WEAPONS AND EXPLOSIVES.—In 
order to improve security, the Assistant Secretary of 
Homeland Security (Transportation Security Administra-
tion) shall give priority to developing, testing, improving, 
and deploying technology at screening checkpoints at air-
ports that will detect nonmetallic weapons and explosives 
on the person of individuals, in their clothing, or in their 
carry-on baggage or personal property and shall ensure 
that the equipment alone, or as part of an integrated sys-
tem, can detect under realistic operating conditions the 
types of nonmetallic weapons and explosives that terrorists 
would likely try to smuggle aboard an air carrier aircraft. 
(b) STRATEGIC PLAN FOR DEPLOYMENT AND USE 
OF EXPLOSIVE DETECTION EQUIPMENT
AT AIRPORT 
SCREENING CHECKPOINTS.—
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Assistant Sec-
retary shall transmit to the appropriate congres-
sional committees a strategic plan to promote the 
optimal utilization and deployment of explosive de-
tection systems at airports to screen individuals and 
their carry-on baggage or personal property, includ-
ing walk-through explosive detection portals, docu-
ment scanners, shoe scanners, and any other explo-
sive detection equipment for use at a screening 
checkpoint. The plan may be transmitted in a classi-
fied format. 
(2) CONTENTS.—The strategic plan shall in-
clude descriptions of the operational applications of 
explosive detection equipment at airport screening 
checkpoints, a deployment schedule and quantities of 
equipment needed to implement the plan, and fund-
ing needs for implementation of the plan, including 
a financing plan that provides for leveraging non- 
Federal funding. 
SEC. 7. PILOT PROGRAM TO EVALUATE USE OF BLAST-RE-
SISTANT CARGO AND BAGGAGE CONTAINERS. 
(a) IN GENERAL.—Beginning not later than 180 
days after the date of enactment of this Act, the Assistant 
Secretary of Homeland Security (Transportation Security
Administration) shall carry out a pilot program to evalu-
ate the use of blast-resistant containers for cargo and bag-
gage on passenger aircraft to minimize the potential ef-
fects of detonation of an explosive device. 
(b) INCENTIVES FOR PARTICIPATION IN PILOT PRO-
GRAM.— 
(1) IN GENERAL.—As part of the pilot pro-
gram, the Assistant Secretary shall provide incen-
tives to air carriers to volunteer to test the use of 
blast-resistant containers for cargo and baggage on 
passenger aircraft. 
(2) APPLICATIONS.—To volunteer to participate 
in the incentive program, an air carrier shall submit 
to the Assistant Secretary an application that is in 
such form and contains such information as the As-
sistant Secretary requires. 
(3) TYPES
OF
ASSISTANCE.—Assistance pro-
vided by the Assistant Secretary to air carriers that 
volunteer to participate in the pilot program shall in-
clude the use of blast-resistant containers and finan-
cial assistance to cover increased costs to the car-
riers associated with the use and maintenance of the 
containers, including increased fuel costs. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Assistant Secretary shall
submit to appropriate congressional committees a report 
on the results of the pilot program. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$2,000,000. Such sums shall remain available until ex-
pended. 
SEC. 8. AIR CARGO SCREENING TECHNOLOGY. 
The Transportation Security Administration shall de-
velop technology to better identify, track, and screen air 
cargo. 
SEC. 9. AIRPORT CHECKPOINT SCREENING EXPLOSIVE DE-
TECTION. 
Section 44940 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(i) CHECKPOINT SCREENING SECURITY FUND.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Department of Homeland Security a fund to be 
known as the ‘Checkpoint Screening Security Fund’. 
‘‘(2) DEPOSITS.—In each of fiscal years 2005 
and 2006, after amounts are made available under 
section 44923(h), the next $30,000,000 derived from 
fees received under subsection (a)(1) shall be avail-
able to be deposited in the Fund. 
‘‘(3) FEES.—The Secretary of Homeland Secu-
rity shall impose the fee authorized by subsection
(a)(1) so as to collect at least $30,000,000 in each 
of fiscal years 2005 and 2006 for deposit into the 
Fund. 
‘‘(4) AVAILABILITY OF AMOUNTS.—Amounts in 
the Fund shall be available for the purchase, deploy-
ment, and installation of equipment to improve the 
ability of security screening personnel at screening 
checkpoints to detect explosives.’’. 
SEC. 10. NEXT GENERATION SECURITY CHECKPOINT. 
(a) PILOT PROGRAM.—The Transportation Security 
Administration shall develop, not later than 120 days after 
the date of enactment of this Act, and conduct a pilot pro-
gram to test, integrate, and deploy next generation secu-
rity checkpoint screening technology at not less than 5 air-
ports in the United States. 
(b) HUMAN FACTOR STUDIES.— The Administration 
shall conduct human factors studies to improve screener 
performance as part of the pilot program under subsection 
(a). 
SEC. 11. PENALTY FOR FAILURE TO SECURE COCKPIT 
DOOR. 
(a) CIVIL PENALTY.—Section 46301(a) of title 49, 
United States Code, is amended by adding at the end the 
following:
‘‘(6) PENALTY
FOR
FAILURE
TO
SECURE 
FLIGHT DECK DOOR.—Any person holding a part 
119 certificate under part of title 14, Code of Fed-
eral Regulations, is liable to the Government for a 
civil penalty of not more than $25,000 for each vio-
lation, by the pilot in command of an aircraft owned 
or operated by such person, of any Federal regula-
tion that requires that the flight deck door be closed 
and locked when the aircraft is being operated.’’. 
(b) TECHNICAL CORRECTIONS.— 
(1) COMPROMISE AND SETOFF FOR FALSE IN-
FORMATION.—Section 46302(b) of such title is 
amended by striking ‘‘Secretary of Transportation’’ 
and inserting ‘‘Secretary of the Department of 
Homeland Security and, for a violation relating to 
section 46504, the Secretary of Transportation,’’. 
(2) CARRYING A WEAPON.—Section 46303 of 
such title is amended— 
(A) in subsection (b) by striking ‘‘Sec-
retary of Transportation’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(B) in subsection (c)(2) by striking 
‘‘Under Secretary of Transportation for Secu-
rity’’ and inserting ‘‘Secretary of Homeland Se-
curity’’.
(3) ADMINISTRATIVE
IMPOSITION
OF
PEN-
ALTIES.—Section 46301(d) of such title is amend-
ed— 
(A) in the first sentence of paragraph (2) 
by striking ‘‘46302, 46303,’’ and inserting 
‘‘46302 (for a violation relating to section 
46504),’’; and 
(B) in the second sentence of paragraph 
(2)— 
(i) by striking ‘‘Under Secretary of 
Transportation for Security’’ and inserting 
‘‘Secretary of Homeland Security’’; and 
(ii) by striking ‘‘44909)’’ and insert-
ing ‘‘44909), 46302 (except for a violation 
relating to section 46504), 46303,’’; 
(C) in each of paragraphs (2), (3), and (4) 
by striking ‘‘Under Secretary or’’ and inserting 
‘‘Secretary of Homeland Security’’; and 
(D) in paragraph (4)(A) by moving clauses 
(i), (ii), and (iii) 2 ems to the left. 
SEC. 12. FEDERAL AIR MARSHAL ANONYMITY. 
The Director of the Federal Air Marshal Service of 
the Department of Homeland Security shall continue to 
develop operational initiatives to protect the anonymity of 
Federal air marshals.
SEC. 
13. 
FEDERAL 
LAW 
ENFORCEMENT 
IN-FLIGHT 
COUNTERTERRORISM TRAINING. 
The Assistant Secretary for Immigration and Cus-
toms Enforcement and the Director of Federal Air Mar-
shal Service of the Department of Homeland Security, in 
coordination with the Assistant Secretary of Homeland 
Security (Transportation Security Administration), shall 
make available appropriate in-flight counterterrorism pro-
cedures and tactics training to Federal law enforcement 
officers who fly while on duty. 
SEC. 14. FEDERAL FLIGHT DECK OFFICER WEAPON CAR-
RIAGE PILOT PROGRAM. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Assistant Secretary of 
Homeland Security (Transportation Security Administra-
tion) shall implement a pilot program to allow pilots par-
ticipating in the Federal flight deck officer program to 
transport their firearms on their persons. The Assistant 
Secretary may prescribe any training, equipment, or pro-
cedures that the Assistant Secretary determines necessary 
to ensure safety and maximize weapon retention. 
(b) REVIEW.—Not later than 1 year after the date 
of initiation of the pilot program, the Assistant Secretary 
shall conduct a review of the safety record of the pilot 
program and transmit a report on the results of the review 
to the appropriate congressional committees.
(c) OPTION.—If the Assistant Secretary as part of 
the review under subsection (b) determines that the safety 
level obtained under the pilot program is comparable to 
the safety level determined under existing methods of pi-
lots carrying firearms on aircraft, the Assistant Secretary 
shall allow all pilots participating in the Federal flight 
deck officer program the option of carrying their firearm 
on their person subject to such requirements as the Assist-
ant Secretary determines appropriate. 
SEC. 15. INTERNATIONAL AGREEMENTS TO ALLOW MAX-
IMUM DEPLOYMENT OF FEDERAL FLIGHT 
DECK OFFICERS. 
The President is encouraged to pursue aggressively 
international agreements with foreign governments to 
allow the maximum deployment of Federal air marshals 
and Federal flight deck officers on international flights. 
SEC. 16. REGISTERED TRAVELER PROGRAM. 
The Transportation Security Administration shall ex-
pedite implementation of the registered traveler program. 
SEC. 17. WIRELESS COMMUNICATION. 
(a) STUDY.—The Transportation Security Adminis-
tration, in consultation with the Federal Aviation Admin-
istration, shall conduct a study to determine the viability 
of providing devices or methods, including wireless meth-
ods, to enable a flight crew to discreetly notify the pilot
in the case of a security breach or safety issue occurring 
in the cabin. 
(b) MATTERS TO BE CONSIDERED.—In conducting 
the study, the Transportation Security Administration 
and the Federal Aviation Administration shall consider 
technology that is readily available and can be quickly in-
tegrated and customized for use aboard aircraft for flight 
crew communication. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Transportation Security Ad-
ministration shall submit to the appropriate congressional 
committees a report on the results of the study. 
SEC. 18. SECONDARY FLIGHT DECK BARRIERS. 
Not later than 6 months after the date of enactment 
of this Act, the Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall transmit 
to the appropriate congressional committees a report on 
the costs and benefits associated with the use of secondary 
flight deck barriers and whether the use of such barriers 
should be mandated for all air carriers. The Assistant Sec-
retary may transmit the report in a classified format. 
SEC. 19. EXTENSION. 
Section 48301(a) of title 49, United States Code, is 
amended by striking ‘‘and 2005’’ and inserting ‘‘2005, 
and 2006’’.
SEC. 20. UNDER SECRETARY FOR LOCAL GOVERNMENT 
AND TOURISM OF THE DEPARTMENT OF 
HOMELAND SECURITY. 
(a) ESTABLISHMENT OF UNDER SECRETARY FOR 
LOCAL GOVERNMENT AND TOURISM.—Section 103(a) of 
the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is 
amended— 
(1) by redesignating paragraphs (6) through 
(9) as paragraphs (7) through (10), respectively; 
and 
(2) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) An Under Secretary for Local Government 
and Tourism.’’. 
(b) FUNCTIONS.—Such Act is further amended— 
(1) in section 102(c) (6 U.S.C. 112(c)) by strik-
ing ‘‘through the Office of State and Local Coordi-
nation (established under section 801)’’ and insert-
ing ‘‘through the Under Secretary for Local Govern-
ment and Tourism’’; 
(2) in section 102(f) (6 U.S.C. 112(f)) by strik-
ing the subsection designator and all that precedes 
paragraph (1) and inserting the following: 
‘‘(f) UNDER SECRETARY FOR LOCAL GOVERNMENT 
AND TOURISM.—The Under Secretary for Local Govern-
ment and Tourism shall be responsible for’’;
(3) in section 801(a) (6 U.S.C. 361(a))—
(A) by striking ‘‘in the Office of the Sec-
retary’’; and 
(B) by adding at the end the following: 
‘‘The Under Secretary for Local Government 
and Tourism shall be the head of the Office.’’; 
and 
(4) in section 801(b) by striking ‘‘The Office 
established under this section’’ and inserting ‘‘The 
Under Secretary for Local Government and Tour-
ism, acting through the Office,’’. 
SEC. 21. FEDERAL AIR MARSHAL TRAINING. 
Section 44917 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(d) TRAINING FOR FOREIGN LAW ENFORCEMENT 
PERSONNEL.—
‘‘(1) IN GENERAL.—The Assistant Secretary for 
Immigration and Customs Enforcement of the De-
partment of Homeland Security, after consultation 
with the Secretary of State, may direct the Federal 
Air Marshal Service to provide appropriate air mar-
shal training to law enforcement personnel of foreign 
countries. 
‘‘(2) WATCHLIST
SCREENING.—The Federal 
Air Marshal Service may only provide appropriate
air marshal training to law enforcement personnel of 
foreign countries after comparing the identifying in-
formation and records of law enforcement personnel 
of foreign countries against appropriate records in 
the consolidated and integrated terrorist watchlists 
of the Federal Government. 
‘‘(3) FEES.—The Assistant Secretary shall es-
tablish reasonable fees and charges to pay expenses 
incurred in carrying out this subsection. Funds col-
lected under this subsection shall be credited to the 
account in the Treasury from which the expenses 
were incurred and shall be available to the Assistant 
Secretary for purposes for which amounts in such 
account are available.’’. 
SEC. 22. PERIMETER SECURITY. 
(a) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Assistant Secretary of Home-
land Security (Transportation Security Administration), 
in consultation with airport operators and law enforce-
ment authorities, shall develop and submit to the appro-
priate congressional committee a report on airport perim-
eter security. The report may be submitted in a classified 
format. 
(b) CONTENTS.—The report shall include—
(1) an examination of the feasibility of access 
control technologies and procedures, including the 
use of biometrics and other methods of positively 
identifying individuals prior to entry into secure 
areas of airports, and provide best practices for en-
hanced perimeter access control techniques; and 
(2) an assessment of the feasibility of physically 
screening all individuals prior to entry into secure 
areas of an airport and additional methods for 
strengthening the background vetting process for all 
individuals credentialed to gain access to secure 
areas of airports. 
SEC. 
23. 
MAN-PORTABLE 
AIR 
DEFENSE 
SYSTEMS 
(MANPADS). 
(a) UNITED STATES POLICY ON NONPROLIFERATION 
AND EXPORT CONTROL.— 
(1) TO LIMIT AVAILABILITY AND TRANSFER OF 
MANPADS.—The President shall pursue, on an ur-
gent basis, further strong international diplomatic 
and cooperative efforts, including bilateral and mul-
tilateral treaties, in the appropriate forum to limit 
the availability, transfer, and proliferation of 
MANPADSs worldwide. 
(2) 
TO
LIMIT
THE
PROLIFERATION
OF 
MANPADS.—The President is encouraged to seek to
enter into agreements with the governments of for-
eign countries that, at a minimum, would— 
(A) prohibit the entry into force of a 
MANPADS manufacturing license agreement 
and MANPADS co-production agreement, other 
than the entry into force of a manufacturing li-
cense or co-production agreement with a coun-
try that is party to such an agreement; 
(B) prohibit, except pursuant to transfers 
between 
governments, 
the 
export 
of 
a 
MANPADS, including any component, part, ac-
cessory, or attachment thereof, without an indi-
vidual validated license; and 
(C) prohibit the reexport or retransfer of a 
MANPADS, including any component, part, ac-
cessory, or attachment thereof, to a third per-
son, organization, or government unless the 
written consent of the government that ap-
proved the original export or transfer is first 
obtained. 
(3) TO ACHIEVE DESTRUCTION OF MANPADS.— 
The President should continue to pursue further 
strong international diplomatic and cooperative ef-
forts, including bilateral and multilateral treaties, in 
the appropriate forum to assure the destruction of
excess, obsolete, and illicit stocks of MANPADSs 
worldwide. 
(4) REPORTING
AND
BRIEFING
REQUIRE-
MENT.— 
(A) PRESIDENT’S
REPORT.—Not later 
than 180 days after the date of enactment of 
this Act, the President shall transmit to the ap-
propriate congressional committees a report 
that contains a detailed description of the sta-
tus of diplomatic efforts under paragraphs (1), 
(2), and (3) and of efforts by the appropriate 
United States agencies to comply with the rec-
ommendations of the General Accounting Office 
set forth in its report GAO–04–519, entitled 
‘‘Nonproliferation: 
Further 
Improvements 
Needed in U.S. Efforts to Counter Threats 
from Man-Portable Air Defense Systems’’. 
(B) ANNUAL BRIEFINGS.—Annually after 
the date of submission of the report under sub-
paragraph (A) and until completion of the dip-
lomatic and compliance efforts referred to in 
subparagraph (A), the Secretary of State shall 
brief the appropriate congressional committees 
on the status of such efforts.
(b) FAA AIRWORTHINESS CERTIFICATION OF MIS-
SILE DEFENSE SYSTEMS FOR COMMERCIAL AIRCRAFT.— 
(1) IN GENERAL.—As soon as practicable, but 
not later than the date of completion of Phase II of 
the Department of Homeland Security’s counter- 
man-portable air defense system (MANPADS) devel-
opment and demonstration program, the Adminis-
trator of the Federal Aviation Administration shall 
establish a process for conducting airworthiness and 
safety certification of missile defense systems for 
commercial aircraft certified as effective and func-
tional by the Department of Homeland Security. 
The process shall require a certification by the Ad-
ministrator that such systems can be safely inte-
grated into aircraft systems and ensure airworthi-
ness and aircraft system integrity. 
(2) CERTIFICATION ACCEPTANCE.—Under the 
process, the Administrator shall accept the certifi-
cation of the Department of Homeland Security that 
a missile defense system is effective and functional 
to defend commercial aircraft against MANPADSs. 
(3) EXPEDITIOUS CERTIFICATION.—Under the 
process, the Administrator shall expedite the air-
worthiness and safety certification of missile defense
systems for commercial aircraft certified by the De-
partment of Homeland Security. 
(4) REPORTS.—Not later than 90 days after 
the first airworthiness and safety certification for a 
missile defense system for commercial aircraft is 
issued by the Administrator, and annually thereafter 
until December 31, 2008, the Federal Aviation Ad-
ministration shall transmit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report 
that contains a detailed description of each air-
worthiness and safety certification issued for a mis-
sile defense system for commercial aircraft. 
(c) PROGRAMS TO REDUCE MANPADS.—
(1) IN GENERAL.—The President is encouraged 
to pursue strong programs to reduce the number of 
MANPADS worldwide so that fewer MANPADS will 
be available for trade, proliferation, and sale. 
(2) REPORTING
AND
BRIEFING
REQUIRE-
MENTS.—Not later than 180 days after the date of 
enactment of this Act, the President shall transmit 
to the appropriate congressional committees a report 
that contains a detailed description of the status of 
the programs being pursued under subsection (a).
Annually thereafter until the programs are no longer 
needed, the Secretary of State shall brief the appro-
priate congressional committees on the status of pro-
grams. 
(3) FUNDING.—There are authorized to be ap-
propriated such sums as may be necessary to carry 
out this section. 
(d) MANPADS VULNERABILITY ASSESSMENTS RE-
PORT.—
(1) IN
GENERAL.—Not later than one year 
after the date of enactment of this Act, the Sec-
retary of Homeland Security shall transmit to the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate a report describing the Department of Homeland 
Security’s plans to secure airports and the aircraft 
arriving and departing from airports against 
MANPADS attacks. 
(2) MATTERS TO BE ADDRESSED.—The Sec-
retary’s report shall address, at a minimum, the fol-
lowing: 
(A) The status of the Department’s efforts 
to conduct MANPADS vulnerability assess-
ments at United States airports at which the 
Department is conducting assessments. 
(B) How intelligence is shared between the 
United States intelligence agencies and Federal, 
State, and local law enforcement to address the 
MANPADS threat and potential ways to im-
prove such intelligence sharing. 
(C) Contingency plans that the Depart-
ment has developed in the event that it receives 
intelligence indicating a high threat of a 
MANPADS attack on aircraft at or near 
United States airports. 
(D) The feasibility and effectiveness of im-
plementing public education and neighborhood 
watch programs in areas surrounding United 
States airports in cases in which intelligence re-
ports indicate there is a high risk of 
MANPADS attacks on aircraft. 
(E) Any other issues that the Secretary 
deems relevant. 
(3) FORMAT.—The report required by this sub-
section may be submitted in a classified format. 
(e) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services, the 
Committee on International Relations, and the 
Committee on Transportation and Infrastruc-
ture of the House of Representatives; and 
(B) the Committee on Armed Services, the 
Committee on Foreign Relations, and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate. 
(2) 
MANPADS.—The 
term 
‘‘MANPADS’’ 
means— 
(A) a surface-to-air missile system de-
signed to be man-portable and carried and fired 
by a single individual; and 
(B) any other surface-to-air missile system 
designed to be operated and fired by more than 
one individual acting as a crew and portable by 
several individuals. 
SEC. 24. DEFINITIONS. 
In this Act (other than section 23), the following defi-
nitions apply: 
(1) 
APPROPRIATE
CONGRESSIONAL
COM-
MITTEE.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate. 
(2) AIR CARRIER.—The term ‘‘air carrier’’ has 
the meaning such term has under section 40102 of 
title 49, United States Code. 
(3) SECURE AREA OF AN AIRPORT.—The term 
‘‘secure area of an airport’’ means the sterile area 
and the Secure Identification Display Area of an air-
port (as such terms are defined in section 1540.5 of 
title 49, Code of Federal Regulations, or any suc-
cessor regulation to such section). 
Æ