213 
‘‘(2) PASSENGER.—The term ‘passenger’ means 
an individual to be carried aboard a passenger air-
craft to be operated by an air carrier or foreign air 
carrier in air transportation or intrastate air trans-
portation (as such terms are defined in section 
40102 of title 49, United States Code). 
‘‘(3) STERILE AREA.—The term ‘sterile area’ 
means any part of an airport that is regularly acces-
sible to passengers after having cleared a passenger 
security checkpoint.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end of the items relating to subtitle G of title IV (as added 
by section 901(b)) the following: 
‘‘Sec. 484. Passenger identification documents.’’. 
SEC. 922. INTERNATIONAL PASSENGER PRESCREENING. 
Before issuing final regulations to amend the rules 
for transmitting international passenger data to Customs 
and Border Protection, the Secretary of Homeland Secu-
rity shall conduct a pilot program to evaluate the use of 
automated systems for the immediate prescreening of pas-
sengers on flights in foreign air transportation, and shall 
submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
containing the following: 
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214 
(1) An assessment of the technical performance 
of the tested systems, including the system’s accu-
racy, scalability, and effectiveness with respect to 
measurable factors, including, at a minimum, pas-
senger throughput, the rate of flight diversions, and 
the rate of false negatives and positives. 
(2) A description of the provisions of the tested 
systems to protect the civil liberties and privacy 
rights of passengers, as well as a description of the 
adequacy of an immediate redress or appeals process 
for passengers denied authorization to travel. 
(3) Cost projections for implementation of the 
tested systems, including— 
(A) projected costs to the Department of 
Homeland Security; and 
(B) projected costs of compliance to air 
carriers operating flights described in sub-
section (a). 
(4) If multiple systems are tested, a determina-
tion as to which tested system is the best-performing 
and most efficient system to ensure immediate 
prescreening of international passengers. Such deter-
mination shall be made after consultation with indi-
viduals in the private sector having expertise in air-
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215 
line industry, travel, tourism, privacy, national secu-
rity, or computer security issues. 
(5) A plan to deploy the best-performing and 
most efficient system tested by not later than Janu-
ary 1, 2007. 
SEC. 923. INTERNATIONAL COOPERATIVE EFFORTS. 
To ensure that the collection of passenger informa-
tion is standardized among nations, the Secretary of 
Homeland Security is encouraged to pursue international 
cooperative efforts in the appropriate forum to set tech-
nology standards for passenger data and collection sys-
tems. 
SEC. 
924. 
COMPUTER 
ASSISTED 
PASSENGER 
PRESCREENING SYSTEM. 
(a) REPORT.—Not later than 6 months after the date 
of the enactment of this Act, the Assistant Secretary of 
Homeland Security (Transportation Security Administra-
tion) shall submit to the Committee on Homeland Security 
of the House of Representatives and the Committees on 
Homeland Security and Governmental Affairs and Com-
merce, Science, and Transportation of the Senate a report 
containing— 
(1) information on the percentage of airline 
passengers that are designated for secondary search 
on a daily basis by the Computer Assisted Passenger 
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216 
Prescreening System (in this section referred to as 
‘‘CAPPS’’); 
(2) information on the percentage of such air-
line passengers that have been found to be terrorists 
or associates of terrorists; 
(3) information on the annual cost of admin-
istering CAPPS; and 
(4) an evaluation of whether CAPPS screening 
should be continued after the full deployment of the 
Secure Flight program. 
(b) FORM OF REPORT.—The report prepared under 
this section may be submitted in a classified form. 
(c) LIMITATION ON SECONDARY SCREENING.—The 
Assistant Secretary, in cooperation with appropriate Fed-
eral agencies and the representatives of the aviation indus-
try, shall develop a process to ensure that a passenger who 
has successfully completed a finger-print based back-
ground check conducted by the Department of Homeland 
Security, or holds a security clearance issued by the De-
partment of Homeland Security, is not subject to sec-
ondary screening as the result of a designation under 
CAPPS. 
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217 
SEC. 925. FEDERAL FLIGHT DECK OFFICERS. 
(a) TRAINING AND REQUALIFICATION TRAINING.— 
Section 44921(c) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(3) DATES OF TRAINING.—The Assistant Sec-
retary shall ensure that a pilot who is eligible to re-
ceive Federal flight deck officer training is offered, 
to the maximum extent practicable, a choice of 
training dates and is provided at least 30 days ad-
vance notice of the dates. 
‘‘(4) TRAVEL TO TRAINING FACILITIES.—The 
Assistant Secretary shall establish a program to im-
prove travel access to Federal flight deck officer 
training facilities through the use of charter flights 
or improved scheduled air carrier service. 
‘‘(5) 
REQUALIFICATION
AND
RECURRENT 
TRAINING.— 
‘‘(A) STANDARDS.—The Assistant Sec-
retary shall establish qualification standards for 
facilities where Federal flight deck officers can 
receive requalification and recurrent training. 
‘‘(B) LOCATIONS.—The Assistant Sec-
retary shall provide for requalification and re-
current training at geographically diverse facili-
ties, including Federal, State, and local law en-
forcement and government facilities, and pri-
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218 
vate training facilities that meet the qualifica-
tion standards established under subparagraph 
(A). 
‘‘(6) COSTS OF TRAINING.— 
‘‘(A) IN
GENERAL.—The Assistant Sec-
retary shall provide Federal flight deck officer 
training, requalification training, and recurrent 
training to eligible pilots at no cost to the pilots 
or the air carriers that employ the pilots. 
‘‘(B) TRANSPORTATION AND EXPENSES.— 
The Assistant Secretary may provide travel ex-
penses to a pilot receiving Federal flight deck 
officer training, requalification training, or re-
current training. 
‘‘(7) COMMUNICATIONS.—Not later than 180 
days after the date of enactment of this paragraph, 
the Assistant Secretary shall establish a secure 
means for personnel of the Transportation Security 
Administration to communicate with Federal flight 
deck officers, and for Federal flight deck officers to 
communicate with each other, in support of the mis-
sion of such officers. Such means of communication 
may include a secure Internet website.’’. 
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219 
(b) REVOCATION OF DEPUTIZATION OF PILOT AS 
FEDERAL FLIGHT DECK OFFICER.—Section 44921(d)(4) 
of such title is amended to read as follows: 
‘‘(4) REVOCATION.— 
‘‘(A) ORDERS.—The Assistant Secretary 
may issue, for good cause, an order revoking 
the deputization of a Federal flight deck officer 
under this section. The order shall include the 
specific reasons for the revocation. 
‘‘(B) HEARINGS.—An individual who is ad-
versely affected by an order of the Assistant 
Secretary under subparagraph (A) is entitled to 
a hearing on the record. When conducting a 
hearing under this subparagraph, the adminis-
trative law judge shall not be bound by findings 
of fact or interpretations of laws and regula-
tions of the Assistant Secretary. 
‘‘(C) APPEALS.—An appeal from a deci-
sion of an administrative law judge as a result 
of a hearing under subparagraph (B) shall be 
made to the Secretary of Homeland Security or 
the Secretary’s designee. 
‘‘(D) JUDICIAL
REVIEW
OF
A
FINAL 
ORDER.—The determination and order of the 
Secretary revoking the deputization of a Fed-
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220 
eral flight deck officer under this section shall 
be final and conclusive unless the individual 
against whom such an order is issued files an 
application for judicial review under subchapter 
II of chapter 5 of title 5 (popularly known as 
the Administrative Procedure Act) within 60 
days of entry of such order in the appropriate 
United States court of appeals.’’. 
(c) FEDERAL FLIGHT DECK OFFICER FIREARM CAR-
RIAGE PILOT PROGRAM.—Section 44921(f) of such title 
is amended by adding at the end the following: 
‘‘(4) PILOT PROGRAM.— 
‘‘(A) IN
GENERAL.—Not later than 90 
days after the date of enactment of this para-
graph, the Assistant Secretary shall implement 
a pilot program to allow pilots participating in 
the Federal flight deck officer program to 
transport their firearms on their persons. The 
Assistant Secretary may prescribe any training, 
equipment, or procedures 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 
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221 
of the safety record of the pilot program and 
transmit a report on the results of the review 
to Congress. 
‘‘(C) OPTION.—If the Assistant Secretary 
as part of the review under subparagraph (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 op-
tion of carrying their firearm on their person 
subject to such requirements as the Assistant 
Secretary determines appropriate.’’. 
(d) FEDERAL FLIGHT DECK OFFICERS ON INTER-
NATIONAL FLIGHTS.— 
(1) AGREEMENTS
WITH
FOREIGN
GOVERN-
MENTS.—The President is encouraged to pursue ag-
gressively agreements with foreign governments to 
allow maximum deployment of Federal flight deck 
officers on international flights. 
(2) REPORT.—Not later than 180 days after 
the date of enactment of this Act, the President (or 
the President’s designee) shall submit to Congress a 
report on the status of the President’s efforts to 
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222 
allow maximum deployment of Federal flight deck 
officers on international flights. 
(e) REFERENCES TO UNDER SECRETARY.—Section 
44921 of title 49, United States Code, is amended— 
(1) in subsection (a) by striking ‘‘Under Sec-
retary of Transportation for Security’’ and inserting 
‘‘Assistant Secretary of Homeland Security (Trans-
portation Security Administration)’’; 
(2) by striking ‘‘Under Secretary’’ each place it 
appears and inserting ‘‘Assistant Secretary’’; and 
(3) by striking ‘‘Under Secretary’s’’ each place 
it appears and inserting ‘‘Assistant Secretary’s’’. 
Subtitle D—Technical Amendments 
SEC. 931. REPORTING REQUIREMENTS REPEALED. 
The following provisions are repealed: 
(1) Sections 607 and 608 of the Vision 100— 
Century of Aviation Reauthorization Act (49 U.S.C. 
44903; 117 Stat. 2568). 
(2) Section 109(b) of the Aviation and Trans-
portation Security Act (49 U.S.C. 114 note; 115 
Stat. 614). 
(3) Section 44942 of title 49, United States 
Code, and the item relating to such section in the 
analysis for chapter 449 of such title. 
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223 
SEC. 932. CONSOLIDATION OF REPORTS. 
(a) Section 44938 of title 49, United States Code is 
amended— 
(1) in the section heading by striking ‘‘Re-
ports’’ and inserting ‘‘Transportation secu-
rity report’’; 
(2) by striking ‘‘(a) TRANSPORTATION SECU-
RITY.—’’; 
(3) by striking the second sentence of sub-
section (a); 
(4) by striking ‘‘and’’ at the end of subsection 
(a)(9); 
(5) by striking the period at the end of sub-
section (a)(10) and inserting a semicolon; 
(6) by adding at the end of subsection (a) the 
following: 
‘‘(11) an assessment of the effectiveness of pro-
cedures under section 44901; 
‘‘(12) a summary of the assessments conducted 
under section 44907(a)(1) and (2); and 
‘‘(13) an assessment of the steps being taken, 
and the progress being made, in ensuring compliance 
with section 44906 for each foreign air carrier secu-
rity program at airports outside the United States— 
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224 
‘‘(A) at which the Secretary decides that 
foreign security liaison officers are necessary 
for air transportation security; and 
‘‘(B) for which extraordinary security 
measures are in place.’’; and 
(7) by striking subsection (b). 
(b) The analysis for subchapter II of chapter 449 of 
such title is amended by striking the item relating to sec-
tion 44938 and inserting the following: 
‘‘44938. Transportation security report.’’. 
SEC. 933. AIRCRAFT CHARTER CUSTOMER AND LESSEE 
PRESCREENING. 
Section 44903(j)(2)(E) of title 49, United States 
Code, by inserting ‘‘certificated’’ after ‘‘maximum’’ each 
place it appears. 
TITLE X—MISCELLANEOUS 
PROVISIONS 
SEC. 1001. PROTECTION OF DEPARTMENT OF HOMELAND 
SECURITY NAME, INITIALS, INSIGNIA, AND 
SEAL. 
Section 875 of the Homeland Security Act of 2002 
(6 U.S.C. 455) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d) PROTECTION
OF NAME, INITIALS, INSIGNIA, 
AND SEAL.— 
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225 
‘‘(1) IN
GENERAL.—Except with the written 
permission of the Secretary, no person may know-
ingly use, in connection with any advertisement, 
commercial activity, audiovisual production (includ-
ing film or television production), impersonation, 
Internet domain name, Internet e-mail address, or 
Internet web site, merchandise, retail product, or so-
licitation in a manner reasonably calculated to con-
vey the impression that the Department or any orga-
nizational element of the Department has approved, 
endorsed, or authorized such use, any of the fol-
lowing (or any colorable imitation thereof): 
‘‘(A) The words ‘Department of Homeland 
Security’, the initials ‘DHS’, the insignia or 
seal of the Department, or the title ‘Secretary 
of Homeland Security’. 
‘‘(B) The name, initials, insignia, or seal of 
any organizational element (including any 
former such element) of the Department, or the 
title of any other officer or employee of the De-
partment, notice of which has been published by 
the Secretary of Homeland Security in accord-
ance with paragraph (3). 
‘‘(2) CIVIL ACTION.—Whenever it appears to 
the Attorney General that any person is engaged or 
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226 
is about to engage in an act or practice that con-
stitutes or will constitute conduct prohibited by sub-
section (d)(1), the Attorney General may initiate a 
civil proceeding in a district court of the United 
States to enjoin such act or practice. Such court 
shall proceed as soon as practicable to the hearing 
and determination of such action and may, at any 
time before final determination, enter such restrain-
ing orders or prohibitions, or take such other actions 
as is warranted, to prevent injury to the United 
States or to any person or class of persons for whose 
protection the action is brought. 
‘‘(3) NOTICE
AND
PUBLICATION.—The notice 
and publication to which paragraph (1)(B) refers is 
a notice published in the Federal Register including 
the name, initials, seal, or class of titles protected 
under paragraph (1)(B) and a statement that they 
are protected under that provision. The Secretary 
may amend such notices from time to time as the 
Secretary determines appropriate in the public inter-
est and shall publish such amendments in the Fed-
eral Register. 
‘‘(4) AUDIOVISUAL PRODUCTION.—For the pur-
pose of this subsection, the term ‘audiovisual pro-
duction’ means the production of a work that con-
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227 
sists of a series of related images that are intrinsi-
cally intended to be shown by the use of machines 
or devices such as projectors, viewers, or electronic 
equipment, together with accompanying sounds, if 
any, regardless of the nature of the material objects, 
such as films or tapes, in which the work is em-
bodied.’’. 
SEC. 1002. AUTHORIZED USE OF SURPLUS MILITARY VEHI-
CLES. 
The Secretary shall include United States military 
surplus vehicles having demonstrated utility for respond-
ing to acts of terrorism, emergencies, and other disasters 
on the Authorized Equipment List in order to allow states 
and localities to purchase, modify, upgrade, and maintain 
such vehicles using homeland security assistance adminis-
tered by the Department. 
SEC. 1003. ENCOURAGING USE OF COMPUTERIZED TRAIN-
ING AIDS. 
The Under Secretary for Science and Technology 
shall use and make available to state and local agencies 
computer simulations to help strengthen the ability of mu-
nicipalities to prepare for and respond to a chemical, bio-
logical, or other terrorist attack, and to standardize re-
sponse training. 
Æ 
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