[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5121 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5121

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2004

   Mr. Young of Alaska (for himself, Mr. Oberstar, Mr. Mica, and Mr. 
   DeFazio) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
 Committee on International Relations, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. PROVISION FOR THE USE OF BIOMETRIC OR OTHER TECHNOLOGY.

    (a) Use of Biometric Technology.--Section 44903(h) of title 49, 
United States Code, is amended--
            (1) in paragraph (4)(E) by striking ``may provide for'' and 
        inserting ``shall issue, not later than 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 airport access control 
        systems.--In issuing guidance under paragraph (4)(E), the 
        Assistant Secretary of Homeland Security (Transportation 
        Security Administration), in consultation with representatives 
        of the aviation industry, the biometrics industry, and the 
        National Institute of Standards and Technology, shall 
        establish, at a minimum--
                    ``(A) comprehensive technical and operational 
                system requirements and performance standards for the 
                use of biometrics in airport access control systems 
                (including airport perimeter access control systems) to 
                ensure that the biometric systems are effective, 
                reliable, and secure;
                    ``(B) a list of products and vendors that meet such 
                requirements and standards;
                    ``(C) procedures for implementing biometric 
                systems--
                            ``(i) to ensure that individuals do not use 
                        an assumed identity to enroll in a biometric 
                        system; and
                            ``(ii) to resolve failures to enroll, false 
                        matches, and false non-matches; and
                    ``(D) best practices for incorporating biometric 
                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 paragraph, the Assistant 
                Secretary shall--
                            ``(i) establish a law enforcement officer 
                        travel credential that incorporates biometrics 
                        and is uniform across all Federal, State, and 
                        local government law enforcement agencies;
                            ``(ii) establish a process by which the 
                        travel credential will be used to verify the 
                        identity of a Federal, State, or local 
                        government law enforcement officer seeking to 
                        carry a weapon on board an aircraft, without 
                        unnecessarily disclosing to the public that the 
                        individual is a law enforcement officer;
                            ``(iii) establish procedures--
                                    ``(I) to ensure that only Federal, 
                                State, and local government law 
                                enforcement officers are issued the 
                                travel 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 
                        credential to each Federal, State, and local 
                        government law enforcement officer authorized 
                        by the Assistant Secretary to carry a weapon on 
                        board an aircraft; and
                            ``(v) take such other actions with respect 
                        to the travel credential as the Secretary 
                        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 following 
        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 individual to enroll 
                in a biometric system due to an insufficiently 
                distinctive biometric sample, the lack of a body part 
                necessary to provide the biometric sample, a system 
                design that makes it difficult to provide consistent 
                biometric information, or other factors.
                    ``(D) False match.--The term `false match' means 
                the incorrect matching of one individual's biometric 
                information to another individual's biometric 
                information by a biometric system.
                    ``(E) False non-match.--The term `false non-match' 
                means the rejection of a valid identity by a biometric 
                system.
                    ``(F) Secure area of an airport.--The term `secure 
                area of an airport' means the sterile 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 paragraph 
                (3);
                    (B) by redesignating paragraph (4) as paragraph 
                (5); and
                    (C) by inserting after paragraph (3) the following:
            ``(4) for projects to implement biometric technologies 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 fiscal 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:
``Sec. 44925. Authority to enter into multi-year contracts for the 
              provision of electronic explosive detection system images 
              for checked baggage 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 airport 
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 Secretary finds that the average annual cost of 
the contract is less than the total estimated average annual cost for 
the Transportation Security Administration to acquire such images 
through the operation of stand alone explosive detection systems at 
that airport.
    ``(c) Ending Contract.--A contract made under this section shall be 
contingent on the availability of annual appropriations and shall be 
ended if amounts are not made available to continue the contract in 
subsequent fiscal years. The Assistant Secretary may not terminate a 
contract made under this section to the extent annual appropriations 
are available, except when the Assistant Secretary finds cause for 
termination.
    ``(d) Contract Provisions.--A contract made under this section--
            ``(1) may include any cost associated with providing 
        electronic explosive detection system images, including--
                    ``(A) maintenance;
                    ``(B) financing;
                    ``(C) reasonable management fees; and
                    ``(D) other items or services the Assistant 
                Secretary deems necessary;
            ``(2) may specify the manner in which the electronic 
        explosive detection system images may be acquired and any other 
        operational requirements the Assistant Secretary deems 
        necessary;
            ``(3) may specify ownership rights of the electronic 
        explosive detection system images; and
            ``(4) may be made with multiple parties.
    ``(e) System Design.--Prior to entering into a contract under this 
section with respect to an airport, the Assistant 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 Secretary 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 electronic 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 fiscal 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 PLANNING.

    Section 44904 of title 49, United States Code, is amended--
            (1) by redesignating subsection (c) as subsection (e); and
            (2) by inserting after subsection (b) the following:
    ``(c) Transportation Security Strategic Planning.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        prepare and update, as needed, a transportation sector specific 
        plan and transportation modal security plans in accordance with 
        this section.
            ``(2) Contents.--At a minimum, the modal security plan for 
        aviation prepared under paragraph (1) shall--
                    ``(A) set risk-based priorities for defending 
                aviation assets;
                    ``(B) select the most practical and cost-effective 
                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 recovery 
                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 layers 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 Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate 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 subsection (c)(3), the Assistant 
Secretary of Homeland Security (Transportation Security Administration) 
shall issue operational criteria to protect airport infrastructure and 
operations against the threat identified in the plans prepared under 
subsection (c)(1) and shall approve best practices 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 passenger 
                prescreening.--
                            ``(i) Commencement of testing.--Not later 
                        than November 1, 2004, the Assistant Secretary 
                        of Homeland Security (Transportation Security 
                        Administration), or the designee of the 
                        Assistant Secretary, shall commence testing of 
                        a next generation passenger prescreening system 
                        that will allow the Department of Homeland 
                        Security to assume the performance of comparing 
                        passenger name records to the automatic 
                        selectee and no fly lists, utilizing all 
                        appropriate records in the consolidated and 
                        integrated terrorist watchlist maintained 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 utilize all appropriate records 
                        in the consolidated 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 
                                enable airline passengers, who are 
                                delayed or prohibited from boarding a 
                                flight because the next generation 
                                passenger prescreening system 
                                determined that they might pose a 
                                security threat, to appeal such 
                                determination and correct information 
                                contained in the system;
                                    ``(II) ensure that Federal 
                                Government databases that will be used 
                                to establish the identity of a 
                                passenger under the system will not 
                                produce a large number of false 
                                positives;
                                    ``(III) establish an internal 
                                oversight board to oversee and monitor 
                                the manner in which the system is being 
                                implemented;
                                    ``(IV) establish sufficient 
                                operational safeguards to reduce the 
                                opportunities for abuse;
                                    ``(V) implement substantial 
                                security measures to protect the system 
                                from unauthorized access;
                                    ``(VI) adopt policies establishing 
                                effective oversight of the use and 
                                operation of the system; and
                                    ``(VII) ensure that there are no 
                                specific privacy concerns with the 
                                technological architecture of the 
                                system.
                            ``(iv) Passenger name records.--Not later 
                        than 60 days after the completion of the 
                        testing of the next generation passenger 
                        prescreening system, the Assistant Secretary 
                        shall require air carriers to supply to the 
                        Assistant Secretary the passenger name records 
                        needed to begin implementing 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 Secretary of Transportation and 
                the Administrator of the Federal Aviation 
                Administration, shall ensure that individuals are 
                screened against all appropriate records in the 
                consolidated and integrated terrorist watchlist 
                maintained by the Federal Government before--
                            ``(i) being certificated by the Federal 
                        Aviation Administration;
                            ``(ii) being issued a credential for access 
                        to the secure area of an airport; or
                            ``(iii) being issued a credential for 
                        access to the air operations area (as defined 
                        in section 1540.5 of title 49, Code of Federal 
                        Regulations, or any successor regulation to 
                        such section) of an airport.
                    ``(E) Appeal procedures.--The Assistant Secretary 
                shall establish a timely and fair process for 
                individuals identified as a threat under subparagraph 
                (D) to appeal the determination and correct any 
                erroneous information.
                    ``(F) Definition.--In this paragraph, the term 
                `secure area of an airport' means the sterile 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 Homeland Security 
        (Transportation Security Administration) 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 appropriate 
        congressional committees a report on the assumption of such 
        function. The report may be submitted 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 
                information;
                    (B) the sufficiency of identifying information 
                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 generation passenger prescreening 
                system;
                    (E) whether sufficient operational safeguards have 
                been established to prevent the opportunities for abuse 
                of the system;
                    (F) whether substantial security measures are in 
                place to protect the passenger prescreening database 
                from unauthorized access;
                    (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 estimates 
                have been developed, and a benefit and cost analysis 
                has been performed, for the system.

SEC. 6. DEPLOYMENT AND USE OF EXPLOSIVE DETECTION EQUIPMENT AT AIRPORT 
              SCREENING CHECKPOINTS.

    (a) Nonmetallic Weapons and Explosives.--In order to improve 
security, the Assistant Secretary of Homeland Security (Transportation 
Security Administration) shall give priority to developing, testing, 
improving, and deploying technology at screening checkpoints at 
airports 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 system, 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 Secretary shall transmit 
        to the appropriate congressional committees a strategic plan to 
        promote the optimal utilization and deployment of explosive 
        detection systems at airports to screen individuals and their 
        carry-on baggage or personal property, including walk-through 
        explosive detection portals, document scanners, shoe scanners, 
        and any other explosive detection equipment for use at a 
        screening checkpoint. The plan may be transmitted in a 
        classified format.
            (2) Contents.--The strategic plan shall include 
        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 funding 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-RESISTANT 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 evaluate the use of blast-resistant containers for cargo and 
baggage on passenger aircraft to minimize the potential effects of 
detonation of an explosive device.
    (b) Incentives for Participation in Pilot Program.--
            (1) In general.--As part of the pilot program, the 
        Assistant Secretary shall provide incentives 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 Assistant Secretary requires.
            (3) Types of assistance.--Assistance provided by the 
        Assistant Secretary to air carriers that volunteer to 
        participate in the pilot program shall include the use of 
        blast-resistant containers and financial assistance to cover 
        increased costs to the carriers 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 expended.

SEC. 8. AIR CARGO SCREENING TECHNOLOGY.

    The Transportation Security Administration shall develop technology 
to better identify, track, and screen air cargo.

SEC. 9. AIRPORT CHECKPOINT SCREENING EXPLOSIVE DETECTION.

    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 available to be deposited in the Fund.
            ``(3) Fees.--The Secretary of Homeland Security 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, deployment, 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 program to test, integrate, and deploy 
next generation security checkpoint screening technology at not less 
than 5 airports 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 Federal Regulations, is liable to the Government for a 
        civil penalty of not more than $25,000 for each violation, by 
        the pilot in command of an aircraft owned or operated by such 
        person, of any Federal regulation 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 information.--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 ``Secretary of 
                Transportation'' and inserting ``Secretary of Homeland 
                Security''; and
                    (B) in subsection (c)(2) by striking ``Under 
                Secretary of Transportation for Security'' and 
                inserting ``Secretary of Homeland Security''.
            (3) Administrative imposition of penalties.--Section 
        46301(d) of such title is amended--
                    (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 inserting 
                        ``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 Customs Enforcement and 
the Director of Federal Air Marshal 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 procedures and tactics 
training to Federal law enforcement officers who fly while on duty.

SEC. 14. FEDERAL FLIGHT DECK OFFICER WEAPON CARRIAGE 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 Administration) 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 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 pilots 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 Assistant Secretary 
determines appropriate.

SEC. 15. INTERNATIONAL AGREEMENTS TO ALLOW MAXIMUM 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 expedite 
implementation of the registered traveler program.

SEC. 17. WIRELESS COMMUNICATION.

    (a) Study.--The Transportation Security Administration, in 
consultation with the Federal Aviation Administration, shall conduct a 
study to determine the viability of providing devices or methods, 
including wireless methods, 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 integrated 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 Administration 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 Secretary 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 following:
            ``(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 striking 
        ``through the Office of State and Local Coordination 
        (established under section 801)'' and inserting ``through the 
        Under Secretary for Local Government and Tourism'';
            (2) in section 102(f) (6 U.S.C. 112(f)) by striking 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 Government 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 Secretary''; 
                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 Tourism, 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 Department of Homeland Security, 
        after consultation with the Secretary of State, may direct the 
        Federal Air Marshal Service to provide appropriate air marshal 
        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 information 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 establish 
        reasonable fees and charges to pay expenses incurred in 
        carrying out this subsection. Funds collected 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 Homeland Security (Transportation 
Security Administration), in consultation with airport operators and 
law enforcement authorities, shall develop and submit to the 
appropriate congressional committee a report on airport perimeter 
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 enhanced 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 urgent basis, further strong 
        international diplomatic and cooperative efforts, including 
        bilateral and multilateral 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 foreign 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 license or co-production agreement 
                with a country that is party to such an agreement;
                    (B) prohibit, except pursuant to transfers between 
                governments, the export of a MANPADS, including any 
                component, part, accessory, or attachment thereof, 
                without an individual validated license; and
                    (C) prohibit the reexport or retransfer of a 
                MANPADS, including any component, part, accessory, or 
                attachment thereof, to a third person, organization, or 
                government unless the written consent of the government 
                that approved 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 efforts, 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 requirement.--
                    (A) President's report.--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 diplomatic efforts under 
                paragraphs (1), (2), and (3) and of efforts by the 
                appropriate United States agencies to comply with the 
                recommendations 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 subparagraph (A) and 
                until completion of the diplomatic 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 Missile 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) development and demonstration program, the 
        Administrator 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 functional by the 
        Department of Homeland Security. The process shall require a 
        certification by the Administrator that such systems can be 
        safely integrated into aircraft systems and ensure 
        airworthiness and aircraft system integrity.
            (2) Certification acceptance.--Under the process, the 
        Administrator shall accept the certification 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 airworthiness and safety 
        certification of missile defense systems for commercial 
        aircraft certified by the Department 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 Administration 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 airworthiness and safety certification 
        issued for a missile 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 requirements.--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 appropriate congressional 
        committees on the status of programs.
            (3) Funding.--There are authorized to be appropriated such 
        sums as may be necessary to carry out this section.
    (d) MANPADS Vulnerability Assessments Report.--
            (1) In general.--Not later than one year after the date of 
        enactment of this Act, the Secretary 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 Senate 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 Secretary's report shall 
        address, at a minimum, the following:
                    (A) The status of the Department's efforts to 
                conduct MANPADS vulnerability assessments 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 improve such intelligence sharing.
                    (C) Contingency plans that the Department 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 
                implementing public education and neighborhood watch 
                programs in areas surrounding United States airports in 
                cases in which intelligence reports 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 subsection may be 
        submitted in a classified format.
    (e) Definitions.--In this section, the following definitions apply:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services, the Committee 
                on International Relations, and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Relations, and the Committee on Commerce, 
                Science, and Transportation of the Senate.
            (2) MANPADS.--The term ``MANPADS'' means--
                    (A) a surface-to-air missile system designed 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 definitions 
apply:
            (1) Appropriate congressional committee.--The term 
        ``appropriate congressional committees'' 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 airport (as such terms are 
        defined in section 1540.5 of title 49, Code of Federal 
        Regulations, or any successor regulation to such section).
                                 <all>