on Commerce, Science, and Transportation and 
Homeland Security and Governmental Affairs of the 
Senate a report on the annual cost of Federal secu-
rity screening services for passenger air transpor-
tation at each commercial service airport. The report 
shall take into consideration existing direct and indi-
rect costs as determined by the cost accounting sys-
tem. 
‘‘(j) AIR TRANSPORTATION DEFINED.—In this sec-
tion, the term ‘air transportation’ has the meaning given 
that term by section 40102 of title 49, United States 
Code, and includes intrastate air transportation.’’. 
SEC. 102. RISK MANAGEMENT. 
The Homeland Security Act of 2002 (6 U.S.C. 101 
et sec.) is amended by adding after section 1801 (as added 
by section 101 of this Act) the following: 
‘‘SEC. 1802. RISK MANAGEMENT SYSTEM. 
‘‘(a) IN GENERAL.—The Assistant Secretary for 
Homeland Security (Transportation Security Administra-
tion) shall develop a risk management system to dynami-
cally assess and measure potential threats to and from the 
Nation’s transportation system across all modes of trans-
portation. 
‘‘(b) CONSULTATION.—The Assistant Secretary shall 
develop the risk management system in consultation with
State and local government agencies, industry stake-
holders, and other appropriate Federal agencies, including 
Federal agencies outside the Department of Homeland Se-
curity. 
‘‘(c) NATIONAL TRANSPORTATION SECURITY POL-
ICY.—Upon completion of the risk management system, 
the Assistant Secretary, to the extent feasible, shall de-
velop national transportation security policies in a manner 
consistent with the system. 
‘‘(d) REVIEW OF REGULATIONS.— 
‘‘(1) REVIEW.—Not later than 90 days after 
the date of development of the risk management sys-
tem, the Assistant Secretary shall conduct a review 
of all regulations issued by the Transportation Secu-
rity Administration under interim final rule author-
ity. 
‘‘(2) MODIFICATIONS.—After completing the re-
view, the Assistant Secretary shall modify such regu-
lations in a manner consistent with the risk manage-
ment system. 
‘‘(e) REVIEW OF STATUTORY REQUIREMENTS.— 
‘‘(1) REVIEW.—Not later than 180 days after 
the date of development of the risk management sys-
tem, the Assistant Secretary shall conduct a review 
of chapter 449 of title 49, United States Code, and
other provisions of that title relating to transpor-
tation security. 
‘‘(2) REPORT.—After completing the review, 
the Assistant Secretary submit to the Committee on 
Homeland Security of the House of Representatives 
and the Committees on Commerce, Science, and 
Transportation and Homeland Security and Govern-
mental Affairs of the Senate a report on the results 
of the review, including recommendations for amend-
ment of title 49, United States Code, in a manner 
consistent with the risk management system.’’. 
SEC. 103. TRANSPORTATION SECTOR ADVISORY COUNCILS. 
The Homeland Security Act of 2002 (6 U.S.C. 101 
et seq.) is amended by adding after section 1802 (as added 
by section 102 of this Act) the following: 
‘‘SEC. 1803. TRANSPORTATION SECTOR ADVISORY COUN-
CILS. 
‘‘(a) ESTABLISHMENT.—Not later than 90 days after 
the date of enactment of this section, the Assistant Sec-
retary for Homeland Security (Transportation Security 
Administration) shall establish a transportation sector ad-
visory council for each mode of transportation under the 
jurisdiction of the Transportation Security Administra-
tion. 
‘‘(b) FUNCTIONS.—
‘‘(1) IN GENERAL.—An advisory council estab-
lished under this section for a transportation mode 
shall provide advice and counsel to the Assistant 
Secretary on issues related to the transportation 
mode which affect or are affected by actions of the 
Assistant Secretary, including actions relating to 
management, policy, spending, and regulatory mat-
ters, including interim final rules, under the jurisdic-
tion of the Assistant Secretary. 
‘‘(2) REVIEW OF RULEMAKING AND COST-BEN-
EFIT ANALYSIS PROCESSES.—The advisory councils 
established under this section shall conduct a coordi-
nated review of the rulemaking and cost-benefit 
analysis processes of the Transportation Security 
Administration and develop recommendations to im-
prove the processes and ensure that the public inter-
est is fully protected. 
‘‘(c) MEMBERSHIP.—An advisory council for a trans-
portation mode established under this section shall be 
composed of members appointed by the Assistant Sec-
retary from among experts in the transportation mode, in-
cluding representatives of labor and management. 
‘‘(d) COMMENTS, RECOMMENDATIONS, AND DIS-
SENTING VIEWS.—An advisory council established under 
this section for a transportation mode shall submit to the
Assistant Secretary comments, recommendations, and dis-
senting views with respect to actions of the Transportation 
Security Administration on matters affecting the trans-
portation mode, including management, policy, spending, 
funding, and regulatory matters. 
‘‘(e) SUBMISSIONS.—The Assistant Secretary shall 
include in any submission to Congress, the Secretary for 
Homeland Security, or the general public, and in any sub-
mission for publication in the Federal Register, a descrip-
tion of any comments, recommendations, or dissenting 
views received from an advisory council established under 
this section related to the submission, together with rea-
sons for any differences between views of the advisory 
council and the Assistant Secretary. 
‘‘(f) FEDERAL ADVISORY COMMITTEE ACT.—The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to an advisory council established under this sec-
tion.’’. 
SEC. 104. FUNDING ALLOCATIONS. 
(a) FORMULA.—The Assistant Secretary for Home-
land Security (Transportation Security Administration) 
shall establish a methodology for allocating funds among 
airports for operational costs related to the screening of 
passengers and baggage under section 44901 of title 49, 
United States Code. To the maximum extent practical, the
Assistant Secretary shall ensure that the methodology re-
flects costs as determined under section 1801(i) of the 
Homeland Security Act of 2002. 
(b) HOLD
HARMLESS.—The Assistant Secretary 
shall ensure that funding is available for operational costs 
related to the screening of passengers and baggage at an 
airport, as determined under subsection (a), without re-
gard to whether the operator of the airport is participating 
in the Federal security screening partnership program es-
tablished under section 44920 of title 49, United States 
Code. 
SEC. 105. NON-SCREENER PERSONNEL. 
(a) REPORT TO CONGRESS.—Not later than 180 days 
after the date of enactment of this Act, the Comptroller 
General shall submit to the Committee on Homeland Se-
curity of the House of Representatives and the Commit-
tees on Commerce, Science, and Transportation and 
Homeland Security and Governmental Affairs of the Sen-
ate a report on personnel of the Transportation Security 
Administration deployed at commercial service airports 
not directly related to passenger and baggage screening. 
(b) CONTENTS.—The report shall contain— 
(1) information on the number of positions at 
each airport and their functions;
(2) an analysis of the cost of non-screening re-
lated activities and the need for such activities; and 
(3) recommendations on which positions, if any, 
can be eliminated without degradation of security 
screening activities. 
SEC. 106. PROCUREMENT. 
(a) REPORT TO CONGRESS.—Not later than 180 days 
after the date of enactment of this Act, the Comptroller 
General shall submit to the Committee on Homeland Se-
curity of the House of Representatives and the Commit-
tees on Commerce, Science, and Transportation and 
Homeland Security and Governmental Affairs of the Sen-
ate a report on whether the acquisition management sys-
tem of the Transportation Security Administration au-
thorized under section 114(o) of title 49, United States 
Code, has assisted the Transportation Security Adminis-
tration in meeting its overall security mission. 
(b) CONTENTS.—The report shall contain— 
(1) a comparison of the acquisition manage-
ment system of the Transportation Security Admin-
istration to the Federal Acquisition Regulation; and 
(2) recommendations on whether to continue, 
modify, or eliminate the acquisition management 
system of the Transportation Security Administra-
tion.
SEC. 107. CONFORMING AMENDMENT. 
The table of contents contained in section 1(b) of the 
Homeland Security Act of 2002 (116 Stat. 2135) is 
amended by adding at the end the following: 
‘‘TITLE XVIII—TRANSPORTATION SECURITY ADMINISTRATION 
‘‘Sec. 1801. Airport Screening Organization. 
‘‘Sec. 1802. Risk management system. 
‘‘Sec. 1803. Transportation sector advisory councils. 
‘‘Sec. 1804. Passenger identification documents.’’. 
TITLE II—AVIATION SECURITY 
SEC. 201. FEDERAL SECURITY SCREENING PARTNERSHIP 
PROGRAM. 
(a) SCREENING ENTITIES.—Section 44920 of title 
49, United States Code, is amended— 
(1) in the section heading by striking ‘‘Secu-
rity screening opt-out program’’ and insert-
ing ‘‘Federal security screening partner-
ship program’’; 
(2) by striking ‘‘private screening company’’ 
each place it appears and insert ‘‘screening entity’’; 
(3) by striking ‘‘company’’ each place it appears 
and inserting ‘‘entity’’; 
(4) in the heading for subsection (c) by striking 
‘‘PRIVATE
SCREENING
COMPANY’’ and inserting 
‘‘SCREENING ENTITY’’; 
(5) in the heading for subsection (d) by striking 
‘‘PRIVATE SCREENING COMPANIES’’ and inserting 
‘‘SCREENING ENTITIES’’;
(6) in subsection (d)(2)— 
(A) by striking ‘‘private screening compa-
nies’’ and inserting ‘‘screening entities’’; and 
(B) by inserting ‘‘, or the screening entity 
is a governmental entity or affiliate’’ before the 
period; and 
(7) in subsection (f) by striking ‘‘the pilot pro-
gram’’. 
(b) PROGRAM MODIFICATIONS.—Section 44920 of 
such title is amended by adding at the end the following: 
‘‘(g) STANDARD OPERATING PROCEDURES AND RE-
QUIREMENTS FOR SECURITY SCREENING.— 
‘‘(1) DEVELOPMENT AND UPDATING.—The As-
sistant Secretary for Homeland Security (Transpor-
tation Security Administration) shall— 
‘‘(A) develop, document, and update, as 
necessary, minimum standard operating proce-
dures and requirements for the security screen-
ing of passengers in air transportation and 
interstate air transportation; and 
‘‘(B) conduct safety and hazard analyses 
of the standard operating procedures and re-
quirements developed under subparagraph (A).
‘‘(2) SUBMISSION TO SECRETARY.—The Assist-
ant Secretary shall submit to the Secretary of 
Homeland Security— 
‘‘(A) the procedures and requirements de-
veloped under paragraph (1)(A), together with 
the results of the safety and hazard analysis 
conducted under paragraph (1)(B) and any 
other necessary information; and 
‘‘(B) any material update to the proce-
dures and requirements. 
‘‘(3) TECHNICAL REVIEW AND APPROVAL.—Not 
later than 60 days after the date of receipt of the 
procedures and requirements, or any update thereto, 
under paragraph (2), the Secretary shall— 
‘‘(A) complete a technical review of the 
procedures and requirements or update under 
sections 862(b) and 863(d)(2) of the Homeland 
Security Act of 2002 (6 U.S.C. 441(b); 
442(d)(2)); and 
‘‘(B) approve or disapprove the procedures 
and requirements or update. 
‘‘(4) EFFECT OF APPROVAL.— 
‘‘(A) ISSUANCE OF CERTIFICATES OF CON-
FORMANCE.—In 
accordance 
with 
section 
863(d)(3) of that Act (6 U.S.C. 442(d)(3)), the
Secretary shall issue a certificate of conform-
ance to a screening entity providing screening 
services at an airport under this section if the 
screening entity— 
‘‘(i) demonstrates to the satisfaction 
of the Secretary the ability to perform in 
accordance with standard operating proce-
dures and requirements, and any update 
thereto, approved by the Secretary under 
paragraph (3); and 
‘‘(ii) agrees as a condition of its 
screening services contract— 
‘‘(I) to perform in accordance 
with the such standard operating pro-
cedures and requirements, and any 
update thereto; and 
‘‘(II) maintain liability insurance 
coverage at policy limits and in ac-
cordance with conditions to be estab-
lished at the time of contracting pur-
suant to section 864 of that Act (6 
U.S.C. 443). 
‘‘(B) LITIGATION AND RISK MANAGEMENT 
PROTECTIONS.—A screening entity that receives 
a certificate of conformance under subpara-
graph (A) shall be entitled to all litigation and 
risk management protections applicable thereto. 
‘‘(C) LIABILITY
OF
OPERATORS
OF
AIR-
PORTS AND OTHER THIRD PARTIES.—Liability 
protections and defenses available to a screen-
ing entity that receives a certificate of conform-
ance under subparagraph (A) shall extend to 
operators of airports and other third parties as 
provided by section 864 of that Act (6 U.S.C. 
443). 
‘‘(D) RECIPROCAL WAIVER OF CLAIMS.—A 
reciprocal waiver of claims shall be deemed to 
have been entered into between a screening en-
tity that receives a certificate of conformance 
under subparagraph (A) and its contractors, 
subcontractors, suppliers, vendors and cus-
tomers, and contractors and subcontractors of 
the customers involved in the use or operation 
of the screening services of the screening entity. 
‘‘(5) INFORMATION FOR ESTABLISHING LIMITS 
OF LIABILITY INSURANCE.—A screening entity seek-
ing a certificate of conformance under paragraph 
(4)(A) shall provide to the Secretary necessary infor-
mation for establishing the limits of liability insur-
ance required to be maintained by the entity under 
section 864(a) of that Act (6 U.S.C. 443(a)). 
‘‘(6) APPROVED
PRODUCT
LIST.—If the Sec-
retary issues a certificate of conformance to a 
screening entity under paragraph (4)(A), the Sec-
retary shall, upon the request of the screening enti-
ty, place the entity’s screening services on an Ap-
proved Product List for Homeland Security as pro-
vided by section 863(d)(3) of that Act (6 U.S.C. 
442(d)(3)). 
‘‘(7) MONITORING.—The Assistant Secretary 
shall regularly monitor and inspect the operations of 
a screening entity providing screening services at an 
airport under this section to ensure that the entity 
is meeting the minimum standard operating proce-
dures and requirements for the security screening of 
passengers in air transportation and interstate air 
transportation established under paragraph (1) and 
all other applicable requirements for screening serv-
ices under this chapter. 
‘‘(h) PERFORMANCE GOALS.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall develop performance goals for a screening enti-
ty providing screening services at an airport under 
this section.
‘‘(2) LEVEL OF SCREENING SERVICES AND PRO-
TECTION.—The performance goals developed under 
paragraph (1) shall ensure that screening services 
and protection provided by a screening entity at an 
airport under this section will provide a greater level 
of protection, and result in a lower unit cost, than 
the screening services and protection that would be 
provided at the airport by Federal Government per-
sonnel under this chapter. 
‘‘(3) INCENTIVES.—The Assistant Secretary 
may establish incentives for screening entities that 
meet or exceed the performance goals developed 
under paragraph (1). 
‘‘(i) DAILY OPERATIONAL DECISIONS.—The Assist-
ant Secretary shall not become involved in the daily oper-
ational decisions of a screening entity providing screening 
services at an airport under this section, except as re-
quired under subsection (g)(7). 
‘‘(j) INVESTMENT.—The Assistant Secretary, in con-
sultation with the airport operator, may allow a screening 
entity providing screening services at an airport under this 
section to provide security screening equipment and modi-
fications to the physical infrastructure of the airport as 
necessary to improve the efficiency or effectiveness of the 
screening operations.
‘‘(k) SHARE IN SAVINGS PROGRAM.— 
‘‘(1) AUTHORITY TO MAKE GRANTS.—Subject 
to the availability of appropriations, the Secretary 
shall make a grant to the operator of an airport at 
which screening services are being provided under a 
contract entered into under this section for a fiscal 
year in an amount equal to not less than 90 percent 
of the amount of annual cost savings (if any) real-
ized as a result of the contract, as compared to the 
cost for such services when using Federal Govern-
ment employees. 
‘‘(2) AMOUNT OF GRANTS.— 
‘‘(A) IN
GENERAL.—The amount of a 
grant under paragraph (1) shall be determined 
by the Assistant Secretary in accordance with 
the cost accounting system developed under sec-
tion 1801(i) of the Homeland Security Act of 
2002. 
‘‘(B) CREDIT
FOR
INVESTMENTS.—The 
Assistant Secretary shall credit toward the cost 
savings calculated under paragraph (1) the an-
nual cost savings in security services achieved 
as a result of investments made under sub-
section (j). 
‘‘(3) PERIOD OF ELIGIBILITY.—
‘‘(A) FIRST 5 FISCAL YEARS.—The Assist-
ant Secretary shall make a grant to an airport 
operator under paragraph (1) for each of the 
first 5 fiscal years for which the Assistant Sec-
retary calculates an annual cost savings in secu-
rity services for the airport under paragraph 
(1). 
‘‘(B) SUBSEQUENT FISCAL YEARS.—If the 
Assistant Secretary makes a grant to an airport 
operator under paragraph (1) for 5 fiscal years, 
the Assistant Secretary may continue to make 
grants to the airport operator for a fiscal year 
in an amount equal to a portion of the annual 
cost savings, as determined by the Assistant 
Secretary, calculated for the airport under 
paragraph (1). 
‘‘(4) USE OF GRANTS.—An airport operator re-
ceiving a grant under this subsection may use the 
amounts of the grant for costs associated with avia-
tion security, including debt service related to air-
port security enhancements.’’. 
(c) CONFORMING AMENDMENTS.—Section 44920 of 
such title is amended— 
(1) in subsection (e) by striking ‘‘provide Fed-
eral Government supervisors to’’; and
(2) in subsection (f) by striking ‘‘the pilot pro-
gram’’ and inserting ‘‘, and revoke a certificate of 
conformance issued under subsection (g),’’. 
(d) CHAPTER ANALYSIS.—The analysis for chapter 
449 of such title is amended by striking the item relating 
to section 44920 and inserting the following: 
‘‘44920. Federal security screening partnership program.’’. 
SEC. 202. DECLARATION ON PROVISION OF SCREENING 
SERVICES. 
(a) IN GENERAL.—Subchapter I of chapter 449 of 
title 49, United States Code, is amended by adding at the 
end the following:: 
‘‘§ 44926. Declaration on provision of screening serv-
ices 
‘‘Not later than March 31 of each year, the operator 
of each airport subject to the requirements of section 
44901 shall submit to the Assist Secretary for Homeland 
Security (Transportation Security Administration) a writ-
ten notice on whether the operator intends to submit an 
application under section 44920 or to continue to allow 
the use of Federal employees to provided screening serv-
ices for passenger air transportation for the subsequent 
fiscal year.’’.
(b) CONFORMING AMENDMENT.—The analysis for 
such subchapter is amended by adding at the end the fol-
lowing: 
‘‘44926. Declaration on provision of screening services.’’. 
TITLE III—PASSENGER 
SCREENING 
SEC. 301. PASSENGER IDENTIFICATION DOCUMENTS. 
The Homeland Security Act of 2002 (6 U.S.C. 101 
et seq.) is amended by adding after section 1803 (as added 
by section 102 of this Act) the following: 
‘‘SEC. 1804. PASSENGER IDENTIFICATION DOCUMENTS. 
‘‘(a) IN GENERAL.—Not later than 180 days after 
the date of enactment of this section, the Assistant Sec-
retary of Homeland Security (Transportation Security Ad-
ministration) shall issue regulations to require a passenger 
to present an acceptable personal identification document 
for inspection before entering a sterile area of an airport 
in the United States. Such inspections shall be carried out 
by personnel designated by the Assistant Secretary. 
‘‘(b) ACCEPTABLE PERSONAL IDENTIFICATION DOC-
UMENTS.— 
‘‘(1) IN GENERAL.—In carrying out subsection 
(a), the Assistant Secretary shall establish a list of 
acceptable personal identification documents. 
‘‘(2) MINIMUM REQUIREMENTS.—The Assistant 
Secretary may include a personal identification docu-
ment on the list to be established under paragraph 
(1) only if the document is issued under the author-
ity of the United States Government, a State, or a 
foreign government and includes each of the fol-
lowing: 
‘‘(A) The individual’s full legal name. 
‘‘(B) The individual’s date of birth. 
‘‘(C) The individual’s gender. 
‘‘(D) A photograph of the individual. 
‘‘(E) The individual’s signature. 
‘‘(F) Physical security features designed to 
prevent tampering, counterfeiting, and duplica-
tion of the document for fraudulent purposes. 
‘‘(3) DRIVERS’ LICENSES AND PERSONAL IDEN-
TIFICATION CARDS.—The Assistant Secretary shall 
include on the list to be established under paragraph 
(1) drivers’ licenses and personal identification cards 
that meet the requirements of section 202 of the 
Real ID Act of 2005 (49 U.S.C. 30301 note). 
‘‘(c) PROCEDURES
AND STANDARDS.—In carrying 
out subsection (a), the Assistant Secretary shall estab-
lish— 
‘‘(1) procedures to match the name on a per-
sonal identification document with the name on an 
airline boarding document;
‘‘(2) procedures to match the photograph on a 
personal identification document with the passenger 
presenting the document; and 
‘‘(3) standards for training personnel who check 
personal identification documents to recognize unac-
ceptable and false identification documents. 
‘‘(d) FAILURE TO PRESENT ACCEPTABLE IDENTI-
FICATION DOCUMENTS.—A passenger attempting to enter 
a sterile area of an airport in the United States who does 
not present an acceptable identification document shall be 
subject to such additional security screening as the Assist-
ant Secretary determines to be appropriate before the pas-
senger may be admitted to the sterile area. 
‘‘(e) KNOWING PRESENTATION OF FALSE IDENTI-
FICATION DOCUMENTS; PENALTIES.—A passenger who 
knowingly presents a false identification document in an 
attempt to enter a sterile area of an airport in the United 
States shall be fined under title 18, United States Code, 
imprisoned for not more than 5 years, or both. 
‘‘(f) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) FALSE.—The term ‘false’ has the meaning 
given such term by section 1028(d) of title 18, 
United States Code.
‘‘(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.’’. 
SEC. 
302. 
IMMEDIATE 
INTERNATIONAL 
PASSENGER 
PRESCREENING PILOT PROGRAM. 
(a) PILOT PROGRAM.—Not later than 90 days after 
the date of enactment of this Act, the Secretary of Home-
land Security shall initiate a pilot program to evaluate the 
use of automated systems for the immediate prescreening 
of passengers on flights in foreign air transportation, as 
defined by section 40102 of title 49, United States Code, 
that are bound for the United States. 
(b) REQUIREMENTS.—At a minimum, with respect to 
a passenger on a flight described in subsection (a) oper-
ated by an air carrier or foreign air carrier, the automated 
systems evaluated under the pilot program shall— 
(1) 
compare 
the 
passenger’s 
information 
against the integrated and consolidated terrorist
watchlist maintained by the Federal Government 
and provide the results of the comparison to the air 
carrier or foreign air carrier before the passenger is 
permitted board the flight; 
(2) provide functions similar to the advanced 
passenger information system established under sec-
tion 431 of the Tariff Act of 1930 (19 U.S.C. 
1431); and 
(3) make use of machine-readable data ele-
ments on passports and other travel and entry docu-
ments in a manner consistent with international 
standards. 
(c) OPERATION.—The pilot program shall be con-
ducted— 
(1) in not fewer than 2 foreign airports; and 
(2) in collaboration with not fewer than one air 
carrier at each airport participating in the pilot pro-
gram. 
(d) EVALUATION OF AUTOMATED SYSTEMS.—In con-
ducting the pilot program, the Secretary shall evaluate not 
more than 3 automated systems. One or more of such sys-
tems shall be commercially available and currently in use 
to prescreen passengers. 
(e) PRIVACY PROTECTION.—The Secretary shall en-
sure that the passenger data is collected under the pilot
program in a manner consistent with the standards estab-
lished under section 552a of title 5, United States Code. 
(f) DURATION.—The Secretary shall conduct the 
pilot program for not fewer than 90 days. 
(g) PASSENGER DEFINED.—In this section, the term 
‘‘passenger’’ includes members of the flight crew. 
(h) REPORT.—Not later than 30 days after the date 
of completion of the pilot program, the Secretary 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: 
(1) An assessment of the technical performance 
of each of the tested systems, including the system’s 
accuracy, 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 each test-
ed system 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 each 
tested system, 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) A determination as to which tested system 
is the best-performing and most efficient system to 
ensure immediate prescreening of international pas-
sengers. Such determination shall be made after con-
sultation with individuals in the private sector hav-
ing expertise in airline industry, travel, tourism, pri-
vacy, national security, or computer security issues. 
(5) A plan to fully deploy the best-performing 
and most efficient system tested by not later than 
January 1, 2007. 
SEC. 303. 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. 
304. 
COMPUTER 
ASSISTED 
PASSENGER 
PRESCREENING SYSTEM. 
(a) REPORT.—Not later than 6 months after the date 
of enactment of this Act, the Assistant Secretary for 
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 
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.