Page:United States Statutes at Large Volume 118.djvu/3742

 118 STAT. 3712 PUBLIC LAW 108–458—DEC. 17, 2004 Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate. ‘‘(5) PRIORITY STATUS.— ‘‘(A) IN GENERAL.—The National Strategy for Transpor- tation Security shall be the governing document for Federal transportation security efforts. ‘‘(B) OTHER PLANS AND REPORTS.—The National Strategy for Transportation Security shall include, as an integral part or as an appendix— ‘‘(i) the current National Maritime Transportation Security Plan under section 70103 of title 46; ‘‘(ii) the report required by section 44938 of this title; ‘‘(iii) transportation modal security plans required under this section; and ‘‘(iv) any other transportation security plan or report that the Secretary of Homeland Security deter- mines appropriate for inclusion.’’. (b) AVIATION SECURITY PLANNING; OPERATIONAL CRITERIA.— 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) MODAL SECURITY PLAN FOR AVIATION.—In addition to the requirements set forth in subparagraphs (B) through (F) of section 114(t)(3), the modal security plan for aviation prepared under sec- tion 114(t) shall— ‘‘(1) establish a damage mitigation and recovery plan for the aviation system in the event of a terrorist attack; and ‘‘(2) include a threat matrix document that outlines each threat to the United States civil aviation system and the cor- responding layers of security in place to address such threat. ‘‘(d) OPERATIONAL CRITERIA.—Not later than 90 days after the date of the submission of the National Strategy for Transportation Security under section 114(t)(4)(A), the Assistant Secretary of Homeland Security (Transportation Security Administration) shall issue operational criteria to protect airport infrastructure and oper- ations against the threats identified in the plans prepared under section 114(t)(1) and shall approve best practices guidelines for airport assets.’’. Subtitle B—Aviation Security SEC. 4011. PROVISION FOR THE USE OF BIOMETRIC OR OTHER TECH- NOLOGY. (a) USE OF BIOMETRIC IDENTIFIER 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 March 31, 2005, 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 (Transpor- tation Security Administration) in consultation with representa- tives of the aviation industry, the biometric identifier industry, Deadline. Guidelines. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00246 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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