To amend title 49, United States Code, to clarify the importance of utilizing existing, as well as emerging, biometric technology to improve aviation security, including airport perimeter access security.

July 22, 2004

Mr. MICA (for himself, Mr. DEFAZIO, Mr. YOUNG of Alaska, Mr. OBERSTAR, Mr. HOLDEN, Mrs. TAUSCHER, Ms. CORRINE BROWN of Florida, Mr. LIPINSKI, Mr. EHLERS, Mr. PEARCE, Mr. BAKER, Mr. SHUSTER, Ms. NORTON, Mr. MORAN of Kansas, Mr. MATHESON, Mr. DUNCAN, Mr. RAHALL, Mr. CAPUANO, Mr. LOBIONDO, Mr. CHOCOLA, Mr. PASCRELL, Mr. ISAKSON, Mr. BEAUPREZ, Mr. HAYES, Mr. KENNEDY of Minnesota, Mr. BACHUS, Mr. DOOLITTLE, Mr. REHBERG, Mr. GRAVES, Mr. BOOZMAN, Mr. GERLACH, and Mr. MARIO DIAZ-BALART of Florida) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

To amend title 49, United States Code, to clarify the importance of utilizing existing, as well as emerging, biometric technology to improve aviation security, including airport perimeter access security.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Aviation Biometric Technology Utilization Act'.

SEC. 2. 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 4 months after the date of enactment of the Aviation Biometric Technology Utilization Act, 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 Under Secretary, in consultation with representatives of the aviation industry, 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) 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

`(C) 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 December 31, 2004, the Under 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 Under 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 is 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.'.

SEC. 3. FUNDING FOR USE OF BIOMETRIC TECHNOLOGY IN AIRPORT ACCESS CONTROL SYSTEMS.

(a) Grant Authority- Section 44923(a)(4) of title 49, United States Code, is amended--

(1) by striking `and' at the end of paragraph (3);

(2) by redesignating paragraph (4) as paragraph (5); and

(3) 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'.

(b) 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'.

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