(b) TRAINING EXERCISES.—
(1) GUIDELINES.—Not later than 4 months 
after the date of enactment of this Act, the Sec-
retary of Homeland Security shall publish guidelines 
for the conduct by recipients of grants under sub-
section (a) of appropriate exercises for emergency 
response and public transportation employee train-
ing purposes. 
(2) PLANS.—Not later than 6 months after re-
ceipt of a grant under subsection (a), the recipient 
of such grant shall transmit to the Secretary its 
emergency response plan as well as a plan for con-
ducting exercises for emergency response and public 
transportation employee training purposes pursuant 
to the guidelines published under paragraph (1). 
(3) EXERCISES.—
(A) REQUIREMENT.—Not later than 1 
year after receipt of a grant under subsection 
(a), the recipient of such grant shall conduct an 
exercise pursuant to the plan for conducting ex-
ercises transmitted under paragraph (2). 
(B) EXEMPTIONS.—The Secretary may ex-
empt a grant recipient from the requirement 
under subparagraph (A) if the recipient has re-
cently conducted an equivalent exercise.
(C) NOTICE AND REPORT.—Not later than 
30 days after conducting an exercise under sub-
paragraph (A) or as described in subparagraph 
(B), the recipient shall notify the Secretary that 
such exercise has been completed, including a 
description of the results of the exercise and 
findings and lessons learned from the exercise, 
and shall make recommendations for changes, if 
necessary, to existing emergency response 
plans. If the recipient revises an emergency re-
sponse plan as a result of an exercise under this 
paragraph, the recipient shall transmit the re-
vised plan to the Secretary not later than 6 
months after the exercise. 
(4) TECHNICAL
ASSISTANCE.—The Secretary 
shall provide technical assistance in the design, prep-
aration for, and conduct of emergency response exer-
cises. 
(5) USE OF PLANS.—The Secretary shall en-
sure that information submitted to the Secretary 
under this subsection is protected from any form of 
disclosure that might compromise public transpor-
tation security or trade secrets. Notwithstanding the 
preceding sentence, the Secretary may use such in-
formation, on a nonattributed basis unless otherwise
agreed to by the source of the information, to aid in 
developing recommendations, best practices, and ma-
terials for use by public transportation authorities to 
improve security practices and emergency response 
capabilities. 
(c) DEFINITION.—For the purposes of this section—
(1) the term ‘‘public transportation employees’’ 
means security personnel, dispatchers, vehicle and 
vessel operators, other onboard employees, mainte-
nance and support personnel, and other appropriate 
employees of owners, operators, and providers of 
public transportation systems; and 
(2) the term ‘‘public transportation systems’’ 
means passenger, commuter, and light rail, including 
Amtrak and subways, buses, commuter ferries, and 
other modes of public transit. 
SEC. 122. PUBLIC TRANSPORTATION SECURITY PLAN, BEST 
PRACTICES, AND AWARENESS. 
(a) SECURITY BEST PRACTICES.—The Secretary of 
Homeland Security shall, not later than 120 days after 
the date of enactment of this Act, develop, disseminate 
to appropriate owners, operators, and providers of public 
transportation systems, public transportation employees 
and employee representatives, and Federal, State, and 
local officials, and transmit to the Congress a report con-
taining best practices for the security of public transpor-
tation systems. In developing best practices, the Secretary 
shall be responsible for consulting with and collecting 
input from owners, operators, and providers of public 
transportation systems, public transportation employee 
representatives, first responders, industry associations, 
private sector experts, academic experts, and appropriate 
Federal, State, and local officials. 
(b) PUBLIC AWARENESS.—Not later than 90 days 
after the date of enactment of this Act, the Secretary of 
Homeland Security shall develop a national plan for public 
outreach and awareness. Such plan shall be designed to 
increase awareness of measures that the general public, 
public transportation passengers, and public transpor-
tation employees can take to increase public transpor-
tation system security. Such plan shall also provide out-
reach to owners, operators, providers, and employees of 
public transportation systems to improve their awareness 
of available technologies, ongoing research and develop-
ment efforts, and available Federal funding sources to im-
prove public transportation security. Not later than 9 
months after the date of enactment of this Act, the Sec-
retary shall implement the plan developed under this sub-
section. 
(c) SECURITY PLAN.—
(1) REQUIREMENT.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
retary of Homeland Security, in coordination with 
the Secretary of Transportation, shall develop a 
strategic plan for the security of the Nation’s public 
transportation systems and transmit to Congress a 
report containing a summary of that plan. Such plan 
shall—
(A) include a comprehensive assessment of 
risks to the Nation’s public transportation sys-
tems, including an assessment of threats of ter-
rorist attack, vulnerabilities against terrorist at-
tack, and human, economic, and national secu-
rity consequences of terrorist attack; 
(B) take into account actions taken or 
planned by both public and private entities to 
address identified security issues; 
(C) describe measures for prevention, pro-
tection, 
and 
preparedness, 
including 
rec-
ommended actions and best practices (as de-
scribed in subsection (a)); 
(D) make prioritized recommendations for 
improving public transportation system secu-
rity;
(E) identify specific actions the Federal 
Government should take to provide increased 
security support for public transportation sys-
tems, both generally and in periods of high or 
severe threat levels of alert; 
(F) identify measures for coordinating ini-
tiatives undertaken by the public and private 
sectors to increase security of public transpor-
tation systems; 
(G) contain an estimate of the cost to im-
plement measures, recommendations, and best 
practices, and other actions contained within 
the plan; 
(H) identify milestones and timeframes for 
implementing measures, recommendations, and 
best practices, and other actions contained 
within the plan; and 
(I) 
identify 
methods 
for 
measuring 
progress against the plan and communicating 
such progress to owners, operators, and pro-
viders of public transportation systems and to 
Congress. 
(2) IMPLEMENTATION.—The Secretary shall 
begin implementation of the plan not later than 3 
months after its development.
‘‘(c) EVALUATION OF CONTAINER TRACKING TECH-
NOLOGIES, CONTAINER TARGETING, AND SECURITY OF 
EMPTY CONTAINERS.—
‘‘(1) 
EVALUATION.—The 
Secretary, 
acting 
through the Under Secretary for Border and Trans-
portation Security, shall carry out the following: 
‘‘(A) 
CONTAINER
TRACKING
TECH-
NOLOGIES.—The Secretary shall evaluate the 
security benefits of existing technology for con-
tainer tracking from the point of loading to its 
final destination, such as electronic seals or in-
trusion detection devices that can detect a phys-
ical breach of a container. In addition to deter-
mining the security benefits, the Secretary shall 
determine the costs, infrastructure, communica-
tion system, required to deploy such technology 
in the intermodal transportation system, includ-
ing incentives for investment in such tech-
nology. 
‘‘(B) CONTAINER
TARGETING.—The Sec-
retary shall evaluate trade information, in addi-
tion to cargo manifest information, such as pur-
chase orders, port of origin data, and trans-
shipment data, which would improve the ability
of the Bureau of Customs and Border Protec-
tion to carry out risk analysis of containers. 
‘‘(2) REPORT.—Not later than 180 days after 
the date of the enactment of the Secure COAST 
Act, the Secretary shall prepare and submit to the 
appropriate congressional committees a report that 
contains the results of the evaluations carried out 
under paragraph (1), including any recommenda-
tions thereto. 
‘‘SEC. 482. VALIDATION OF SECURITY MEASURES UNDER 
THE C–TPAT PROGRAM. 
‘‘(a) GENERAL VALIDATION.—Not later than Sep-
tember 30, 2005, and on an annual basis thereafter, the 
Commissioner of the Bureau of Customs and Border Pro-
tection shall conduct on site validations of each individual 
and entity participating in the C–TPAT program to en-
sure that the individual or entity is implementing appro-
priate security measures under the program. The Commis-
sioner may certify private security companies to carry out 
the validation process described in the preceding sentence. 
‘‘(b) SPECIFIC
VALIDATION.—The Commissioner 
shall establish inspection teams under the C–TPAT pro-
gram to evaluate the program’s security requirements and, 
as circumstances warrant, to carry out unannounced in-
spections of individuals and entities participating in the
program to ensure compliance with the security require-
ments. 
‘‘(c) PENALTIES FOR NON-COMPLIANCE.—The Com-
missioner shall establish penalties for non-compliance with 
the requirements of the C–TPAT program by individuals 
and entities participating in the program, including proba-
tion or expulsion from the program, as appropriate. 
‘‘SEC. 483. DEPLOYMENT OF RADIATION DETECTION POR-
TAL EQUIPMENT; INTEGRATED CARGO IN-
SPECTION SYSTEM. 
‘‘(a) DEPLOYMENT OF RADIATION DETECTION POR-
TAL EQUIPMENT.—
‘‘(1) DEPLOYMENT.—Not later than September 
30, 2005, the Commissioner of the Bureau of Cus-
toms and Border Protection shall deploy radiation 
detection portal equipment at all United States sea-
ports, other United States ports of entry, and major 
facilities as determined by the Secretary. 
‘‘(2) REPORT.—Not later than December 31, 
2004, the Commissioner shall submit to the appro-
priate congressional committees a report on the im-
plementation of the requirement under paragraph 
(1). 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to the Com-
100
missioner $290,000,000 for fiscal year 2005 to carry 
out this subsection. 
‘‘(b) INTEGRATED CARGO INSPECTION SYSTEM.—
‘‘(1) PLAN.—The Commissioner of the Bureau 
of Customs and Border Protection shall develop a 
plan to integrate radiation detection portal equip-
ment with gamma-ray inspection technology equip-
ment at United States seaports and foreign seaports 
that are participating the Container Security Initia-
tive in order to facilitate the detection of nuclear 
weapons in maritime cargo containers. Such plan 
shall include methods for automatic identification of 
containers and vehicles for inspection in a timely 
manner and a data sharing network capable of 
transmitting gamma-ray images and cargo data 
among relevant ports and the National Targeting 
Center of the Bureau of Customs and Border Pro-
tection. 
‘‘(2) REPORT.—Not later than 180 days after 
the date of the enactment of the Secure COAST 
Act, the Commissioner shall prepare and submit to 
the appropriate congressional committees a report 
that contains—
‘‘(A) a description of the plan developed 
under paragraph (1), including any infrastruc-
101
ture improvements required at the seaports in-
volved; 
‘‘(B) an estimate of the costs associated 
with implementation of the plan; and 
‘‘(C) an estimate of the timeframe for im-
plementation of the plan. 
‘‘SEC. 484. STAFFING ASSESSMENT OF SEAPORT SECURITY 
MISSIONS. 
‘‘(a) STUDY.—The Commissioner of the Bureau of 
Customs and Border Protection shall conduct a study to 
determine the number of Bureau inspectors and other ap-
propriate personnel that should be stationed at United 
States seaports and foreign seaports that are participating 
in the Container Security Initiative (CSI) to support in-
creased inspections of low risk cargo, deployment of per-
sonnel at foreign seaports for a period of at least one year, 
and the manning of radiation portal monitors installed at 
such seaports. In determining such number of Bureau in-
spectors, the Commissioner shall take into account the re-
quirements contained in the other sections of this subtitle. 
‘‘(b) REPORT.—Not later than 180 days after the 
date of the enactment of the Secure COAST Act, the Com-
missioner shall prepare and submit to the appropriate con-
gressional committees a report that contains the results 
of the study conducted under subsection (a).
102
‘‘SEC. 485. CSI REPORT. 
‘‘Not later than 180 days after the date of the enact-
ment of the Secure COAST Act, and on an annual basis 
thereafter, the Secretary, acting through the Commis-
sioner of the Bureau of Customs and Border Protection, 
shall prepare and submit to the appropriate congressional 
committees a report that contains all cargo inspection data 
at foreign seaports participating in the Container Security 
Initiative (CSI) for the prior year. The initial report shall 
include the plan for the ‘strategic port’ phase of the CSI. 
‘‘SEC. 486. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional com-
mittees’ means—
‘‘(A) the Committee on Appropriations, the 
Committee on Ways and Means, the Select 
Committee on Homeland Security (or any suc-
cessor committee), and the Committee on 
Transportation and Infrastructure of the House 
of Representatives; and 
‘‘(B) the Committee on Appropriations, the 
Committee on Finance, the Committee on Com-
merce, Science, and Transportation, and the 
Committee on Governmental Affairs of the Sen-
ate.
104
‘‘(5) C–TPAT PROGRAM.—The term ‘C–TPAT 
program’ means the Customs-Trade Partnership 
Against Terrorism program carried out by the Bu-
reau of Customs and Border Protection under which 
importers, brokers, air, sea, and land carriers, and 
other individuals and entities in the intermodal 
transportation system voluntarily enter into partner-
ships with the Bureau to establish and carry out a 
validation process to ensure that participants are im-
plementing appropriate security measures to protect 
the system from being compromised by individual 
terrorists and terrorist organizations. 
‘‘(6) 
INTERAGENCY
CONTAINER
WORKING 
GROUP.—The term ‘Interagency Container Working 
Group’ means the working group consisting of rep-
resentatives of the former United States Customs 
Service and the National Infrastructure Security 
Committee of the Department of Transportation 
that provided recommendations relating to the secu-
rity of intermodal cargo containers to the Office of 
Homeland Security in the Executive Office of the 
President. 
‘‘(7) OPERATION SAFE COMMERCE.—The term 
‘Operation Safe Commerce’ means the program car-
ried out by the Department of Transportation and
105 
the Bureau of Customs and Border Protection to 
fund business initiatives designed to enhance secu-
rity for maritime cargo containers moving within the 
intermodal transportation system. 
‘‘(8) SMART AND SECURE TRADE LANE PRO-
GRAM.—The term ‘Smart and Secure Trade Lane 
Program’ means the program carried out by the 
intermodal transportation industry to provide secu-
rity and ensure efficiency throughout the intermodal 
transportation system, specifically by developing 
technology to improve the security of intermodal 
cargo containers and to improve information sharing 
within the industry relating to such security and ef-
ficiency.’’ 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by adding after the items relating to subtitle F 
of title IV the following new items: 
‘‘Subtitle G—Bureau of Customs and Border Protection Security Programs 
‘‘Sec. 481. Standards for the security of maritime cargo containers. 
‘‘Sec. 482. Validation of security measures under the C–TPAT program. 
‘‘Sec. 483. Deployment of radiation detection portal equipment; integrated 
cargo inspection system. 
‘‘Sec. 484. Staffing assessment of seaport security missions. 
‘‘Sec. 485. CSI report. 
‘‘Sec. 486. Definitions.’’.
106
Subtitle B—Port Security 
SEC. 135. PORT SECURITY GRANT FUNDING. 
Section 70107(h) of title 46, United States Code, is 
amended to read as follows: 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Secretary to carry 
out subsections (a) through (g)—
‘‘(1) $537,000,000 for fiscal year 2005; and 
‘‘(2) such sums as are necessary for each subse-
quent fiscal year.’’. 
SEC. 136. FUNDING FOR COLLABORATIVE PROGRAM FOR 
DEVELOPMENT OF MARITIME INFORMATION 
SHARING AND ANALYSIS CAPABILITY. 
(a) FISCAL YEAR 2005.—Of the amounts authorized 
to be appropriated to the Department of Homeland Secu-
rity, $3,000,000 shall be available for a grant to assist 
the maritime industry to develop and operare a 
colloaborative maritime information sharing and analysis 
capability. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) the President should include in budget re-
quests submitted for fiscal years 2006 and 2007 suf-
ficient funds to ensure that such a maritime infor-
107
mation sharing and analysis capability is fully oper-
ational before fiscal year 2008; and 
(2) the maritime industry should pay at least 
half of the operating costs of such capability in-
curred in fiscal year 2008 and thereafter. 
SEC. 137. APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED. 
In this title the term ‘‘appropriate congressional com-
mittees’’ means the Committee on Transportation and In-
frastructure, the Select Committee on Homeland Security, 
and the Committee on Appropriations of the House of 
Representatives and the Committee on Commerce, Science 
and Transportation and the Committee on Appropriations 
of the Senate. 
Subtitle C—Strengthening the 
Coast Guard 
SEC. 141. ACCELERATION OF INTEGRATED DEEPWATER 
PROGRAM. 
In addition to any other amounts authorized, there 
is authorized to be appropriated to the Secretary of Home-
land Security $1,892,000,000 for fiscal year 2005 for the 
acquisition and construction of vessels, aircraft, shore and 
offshore facilities and other components associated with 
the Integrated Deepwater System in accordance with the
108
report required by section 888 of the Homeland Security 
Act of 2002 (116 Stat. 2250). 
SEC. 142. INCREASE IN AUTHORIZED COAST GUARD PER-
SONNEL. 
The Coast Guard is authorized an end-of-year 
strength for active duty personnel of 50,000 as of Sep-
tember 30 of each of 2005 and 2006. 
SEC. 143. SENSE OF THE CONGRESS REGARDING NAMING 
NEW VESSELS UNDER THE DEEPWATER PRO-
GRAM FOR CITIES OF THE UNITED STATES. 
It is the sense of the Congress that the Coast Guard 
should consider including in its naming protocols for new 
vessels constructed under the Deepwater Program the 
names of cities of the United States, in recognition of their 
support and friendly relationship to the Coast Guard and 
the challenge to cities in the United States from terrorism. 
TITLE VII—STRENGTHENING 
AVIATION SECURITY 
SEC. 151. PASSENGER AND BAGGAGE SCREENING OPER-
ATIONS. 
(a) STUDY.—The Secretary of Homeland Security 
shall conduct a study on the workforce size needed to ade-
quately conduct passenger and baggage screening oper-
ations. The study shall include an analysis of the optimal 
screener workforce for security purposes, taking into ac-
109
count the following: passenger demand for air travel, num-
ber of airports and screening checkpoints, number of 
screeners required to operate each checkpoint, risk assess-
ments, acceptable average peak wait times, and use of cur-
rently existing and near-term technologies (including 
inline explosive detection systems for baggage screening). 
The study shall cover all screeners, whether employed by 
the Transportation Security Administration or private 
companies. 
(b) REPORT.—As soon as practicable, the Secretary 
shall transmit to the Congress a report on the results of 
the study, including assessments of full time versus part 
time screeners, and recommendations on appropriate ratio 
of supervisors, lead screeners, and screeners. The Sec-
retary shall include in the report a description of the as-
sumptions used for determining acceptable passenger wait 
times at screening checkpoints and how different lengths 
of expected wait times would influence the analysis. 
(c) SENSE OF CONGRESS.—It is the sense of the Con-
gress that following the receipt of the report under sub-
section (b), Congress should provide the Transportation 
Security Administration with the resources necessary to 
maintain the workforce size required according to the 
study in subsection (a).
112
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—
‘‘(1) will expedite the installation of integrated 
in-line explosive detection systems at air carrier air-
ports (as defined in section 47102) that have ap-
proved plans on the date of enactment of this sec-
tion; and 
‘‘(2) have not met the requirement of section 
44901(d) of title 49, United States Code, to screen 
all checked baggage with explosive detection systems. 
‘‘(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.’’.
113
SEC. 153. 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. 154. ELIMINATION OF BAG-MATCH PROGRAM AS AC-
CEPTABLE 
ALTERNATIVE 
FOR 
CHECKED 
BAGGAGE. 
(a) IN GENERAL.—The only approved methods for 
ensuring that checked baggage on passenger aircraft do 
not contain dangerous materials shall be one or more of 
the use explosive detection technology, manual search, and 
search by canine explosive units. 
(b) BAG-MATCH PROGRAM PHASE-OUT.—The reli-
ance on matching baggage to passengers onboard the air-
114
craft shall be phased-out over a 6-month period after the 
date of enactment of this Act. The Secretary of Homeland 
Security shall develop a plan for the phase-out and may 
authorize further use of the bag-match program following 
the phase-out period where necessary in case of an emer-
gency or other extenuating circumstance as determined by 
the Secretary. 
(c) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed to prevent the 
Transportation Security Administration from using the 
bag-match program as a supplemental means of securing 
checked baggage. 
SEC. 155. AVIATION SECURITY TECHNOLOGIES. 
(a) Report- Not later than six months after the date 
of the enactment of this section, the Secretary of Home-
land Security shall transmit to the Congress a report on—
(1) the status and technical maturity of avia-
tion security technologies (including technologies for 
detecting explosive, chemical, biological, or radio-
logical materials on or in passengers, carry-on or 
checked baggage, or air cargo; improving resolution 
and readability of explosive detection systems; inte-
grating the threat imaging projection system into 
checked baggage detection systems; site access secu-
115
rity for airport facilities; and such other technologies 
as the Secretary deems appropriate); 
(2) for those technologies where possible, the 
planned schedule for deployment of such tech-
nologies; 
(3) the expected future costs for development, 
testing, evaluation, procurement, and installation, 
and projected annual costs for operation and mainte-
nance, of such technologies; 
(4) potential deployment problems in an airport 
setting; and 
(5) methods of deploying security technologies 
to airports in a manner that maximizes the number 
of technologies that Federal and airport security 
personnel can effectively operate. 
SEC. 156. INSPECTION OF CARGO CARRIED ABOARD PAS-
SENGER AIRCRAFT. 
Subtitle A of title IV of the Homeland Security Act 
of 2002 (6 U.S.C. 201–203) is amended by adding at the 
end the following: 
‘‘SEC. 404. AIR CARGO ON PASSENGER AIRCRAFT. 
‘‘(a) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this section, the Secretary 
shall establish and begin to implement a system to screen 
or inspect all cargo that is to be transported in passenger
116
aircraft operated by an air carrier or foreign air carrier 
in air transportation or intrastate air transportation (as 
such terms are defined in section 40102 of title 49, United 
States Code). The system shall require the use of equip-
ment, technology, and personnel to screen and inspect 
cargo that meet the same standards as those established 
by the Secretary for equipment, technology, and personnel 
used to screen passenger baggage. 
‘‘(b) REPORT.—Not later than 210 days after the 
date of the enactment of this section, the Secretary shall 
transmit to the Congress a report describing the system 
under subsection (a). 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section.’’. 
SEC. 157. DATABASE ON KNOWN SHIPPING COMPANIES. 
(a) IN GENERAL.—Not later than April 1, 2005, the 
Secretary of Homeland Security shall complete, and make 
available as appropriate to personnel of the Transpor-
tation Security Administration, freight forwarders, airport 
authorities, air carriers, and other relevant entities a data-
base containing the names and other relevant information 
of all known shipping companies. In making such database 
available to nongovernmental entities, the Secretary shall
117
ensure that sensitive security information and company 
proprietary information is adequately protected. 
(b) REPORT.—Not later than the 30th day following 
the date of the completion of the database under sub-
section (a), the Secretary shall transmit to Congress a re-
port on the number of known shipping companies in the 
database, the number of known shipping companies for 
whom the Administration has conducted physical inspec-
tions of facilities and paperwork of such companies to de-
termine compliance with security regulations that apply to 
those companies, the number of companies that have ap-
plied to the Secretary for known shipping company status 
and been denied, and the number of known shipping com-
panies that have been removed from the database as a 
result of findings by the Administration that such compa-
nies have failed to comply with appropriate security regu-
lations. 
SEC. 158. FLIGHT CREW COMMUNICATION SYSTEMS. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this Act, the Secretary of Homeland 
Security shall require, to the greatest extent technically 
feasible, air carriers (as defined in section 40102 of title 
49, United States Code) to provide flight attendants with 
a discreet and wireless method of communicating with pi-
lots that meet such standards as the Secretary may estab-
118
lish by regulation. Such a system must be accessible by 
any Federal air marshal on a flight of an air carrier and 
appropriate Government security officials and personnel of 
the air carrier. 
(b) DEADLINE FOR REGULATIONS.—The Secretary 
shall issue regulations to carry out this section not later 
than the 90th day following the date of the enactment of 
this Act. 
SEC. 159. NATIONAL STRATEGY FOR TRANSPORTATION SE-
CURITY. 
(a) REQUIREMENT FOR STRATEGY.—
(1) RESPONSIBILITIES
OF
SECRETARY
OF 
HOMELAND SECURITY.—The Secretary of Homeland 
Security shall—
(A) develop and implement a National 
Strategy for Transportation Security; and 
(B) revise such strategy whenever nec-
essary to improve or to maintain the currency 
of the strategy or whenever the Secretary other-
wise considers it appropriate to do so. 
(2) 
CONSULTATION
WITH
SECRETARY
OF 
TRANSPORTATION.—The Secretary of Homeland Se-
curity shall consult with the Secretary of Transpor-
tation in developing and revising the National Strat-
egy for Transportation Security under this section.
119
(b) CONTENT.—The National Strategy for Transpor-
tation Security shall include the following matters: 
(1) An identification and evaluation of the 
transportation assets within the United States that, 
in the interests of national security, must be pro-
tected from attack or disruption by terrorist or other 
hostile forces, including aviation, bridge and tunnel, 
commuter rail and ferry, highway, maritime, pipe-
line, rail, urban mass transit, and other public trans-
portation infrastructure assets that could be at risk 
of such an attack or disruption. 
(2) The development of the risk-based prior-
ities, and realistic deadlines, for addressing security 
needs associated with those assets. 
(3) The most practical and cost-effective means 
of defending those assets against threats to their se-
curity. 
(4) A forward-looking strategic plan that as-
signs transportation security roles and missions to 
departments and agencies of the Federal Govern-
ment (including the Armed Forces), State govern-
ments (including the Army National Guard and Air 
National Guard), local governments, and public utili-
ties, and establishes mechanisms for encouraging
120
private sector cooperation and participation in the 
implementation of such plan. 
(5) A comprehensive delineation of response 
and recovery responsibilities and issues regarding 
threatened and executed acts of terrorism within the 
United States. 
(6) A prioritization of research and development 
objectives that support transportation security 
needs, giving a higher priority to research and devel-
opment directed toward protecting vital assets. 
(7) A budget and recommendations for appro-
priate levels and sources of funding to meet the ob-
jectives set forth in the strategy. 
(c) SUBMISSIONS TO CONGRESS.—
(1) THE NATIONAL STRATEGY.—
(A) INITIAL STRATEGY.—The Secretary of 
Homeland Security shall submit the National 
Strategy for Transportation Security developed 
under this section to Congress not later than 
April 1, 2005. 
(B) SUBSEQUENT VERSIONS.—After 2005, 
the Secretary of Homeland Security shall sub-
mit the National Strategy for Transportation 
Security, including any revisions, to Congress
121
not less frequently than April 1 of each even-
numbered year. 
(2) PERIODIC PROGRESS REPORT.—
(A) REQUIREMENT
FOR
REPORT.—Each 
year, in conjunction with the submission of the 
budget to Congress under section 1105(a) of 
title 31, United States Code, the Secretary of 
Homeland Security shall submit to Congress an 
assessment of the progress made on imple-
menting the National Strategy for Transpor-
tation Security. 
(B) 
CONTENT.—Each 
progress 
report 
under this paragraph shall include, at a min-
imum, the following matters: 
(i) An assessment of the adequacy of 
the resources committed to meeting the ob-
jectives of the National Strategy for 
Transportation Security. 
(ii) Any recommendations for improv-
ing and implementing that strategy that 
the Secretary, in consultation with the Sec-
retary of Transportation, considers appro-
priate. 
(3) CLASSIFIED MATERIAL.—Any part of the 
National Strategy for Transportation Security that
122
involves information that is properly classified under 
criteria established by Executive order shall be sub-
mitted to Congress separately in classified form. 
(d) PRIORITY STATUS.—
(1) IN GENERAL.—The National Strategy for 
Transportation Security shall be the governing docu-
ment for Federal transportation security efforts. 
(2) OTHER
PLANS
AND
REPORTS.—The Na-
tional Strategy for Transportation Security shall in-
clude, as an integral part or as an appendix—
(A) the current National Maritime Trans-
portation Security Plan under section 70103 of 
title 46, United States Code; 
(B) the report of the Secretary of Trans-
portation under section 44938 of title 49, 
United States Code; and 
(C) any other transportation security plan 
or report that the Secretary of Homeland Secu-
rity determines appropriate for inclusion. 
SEC. 160. USE OF WATCHLISTS FOR PASSENGER AIR 
TRANSPORTATION SCREENING. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, acting through the Transportation Security Adminis-
tration, as soon as practicable after the date of the enact-
123
ment of this Act but in no event later than 90 days after 
that date, shall—
(1) implement a procedure under which the 
Transportation Security Administration compares 
information about passengers who are to be carried 
aboard a passenger aircraft operated by an air car-
rier or foreign air carrier in air transportation or 
intrastate air transportation for flights and flight 
segments originating in the United States with a 
comprehensive, consolidated database containing in-
formation about known or suspected terrorists and 
their associates; and 
(2) use the information obtained by comparing 
the passenger information with the information in 
the database to prevent known or suspected terror-
ists and their associates from boarding such flights 
or flight segments or to subject them to specific ad-
ditional security scrutiny, through the use of ‘‘no 
fly’’ and ‘‘automatic selectee’’ lists or other means. 
(b) AIR CARRIER COOPERATION.—The Secretary of 
Homeland Security, in coordination with the Secretary of 
Transportation, shall by order require air carriers to pro-
vide the passenger information necessary to implement the 
procedure required by subsection (a).