I
107TH CONGRESS
1ST SESSION
H. R. 3220
To improve aviation security, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 1, 2001
Mr. PAUL introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure, and in addition to the Committees
on the Judiciary, Ways and Means, and Rules, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To improve aviation security, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENTS TO TITLE 49,
UNITED STATES CODE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Secure Transportation for America Act of 2001’’.
(b) REFERENCES
TO SECRETARY
OF TRANSPOR-
TATION.—Except as otherwise specifically provided, when-
ever in this Act a reference is made to the ‘‘Secretary’’
HR 3220 IH
it shall be understood that this refers to the Secretary of
Transportation.
(c) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Aviation safety and suppression of terrorism.
Sec. 4. Security programs.
Sec. 5. Suppression of piracy.
Sec. 6. Deployment of federal air marshals.
Sec. 7. Assessments of threats to airports.
Sec. 8. Transportation security oversight.
Sec. 9. Passenger manifests.
Sec. 10. Tax exemption.
Sec. 11. Tax Credit for enhanced security and airport improvement programs.
Sec. 12. Employment standards and training.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) That the terrorist attacks on September 11,
2001, were acts of air piracy contrary to the law of
nations.
(2) That the terrorist attacks were not just
criminal actions, but belligerent attacks designed to
destroy the sovereign independence of the United
States of America contrary to the law of nations.
(3) That the perpetrators of the terrorist at-
tacks were aided and abetted by enemy belligerents
contrary to the law of nations.
(4) That similar acts of air piracy are planned
for future execution by persons and organizations
enjoying safe harbor by nations contrary to the law
of nations.
HR 3220 IH
(5) That the lives, liberties, and properties of
the American people have been taken, and are
threatened to be taken, by acts of air piracy con-
trary to the law of nations.
(6) That under Article I, section 8 of the
United States Constitution, Congress has the power
to define and punish piracies and other offenses
against the laws of nations.
(7) That under Article I, section 8 of the
United States Constitution, Congress has the powers
to grant letters of marque and reprisal and to make
rules concerning captures on land and water.
(8) On September 11, 2001, terrorists hijacked
4 civilian aircraft, crashing 2 of the aircraft into the
towers of the World Trade Center in New York City,
New York, and another of the air craft into the Pen-
tagon outside of Washington, D.C.
(9) Thousands of innocent people were killed or
injured as a result of these attacks, including the
passengers and crews of the 4 aircraft, workers in
the World Trade Center and in the Pentagon, rescue
workers, and bystanders.
(10) These attacks destroyed both towers of the
World Trade Center, as well as adjacent buildings,
and seriously damaged the Pentagon.
HR 3220 IH
law enforcement personnel specifically detailed for the pro-
tection of that aircraft, from carrying a firearm.
SEC. 4. SECURITY PROGRAMS.
Section 44903(c) is amended in the first sentence of
paragraph (1) by inserting after ‘‘at each of those air-
ports’’ the following: ‘‘and at each location at those air-
ports where passenger are screened’’.
SEC. 5. SUPPRESSION OF PIRACY.
(a) EXPANSION
OF
APPLICATION
OF
PIRACY
LAWS.—For purposes of sections 4293 through 4299b of
the Revised Statutes of the United States, as amended by
this Act, each of the terms ‘‘piratical aggressions and dep-
redation’’ and ‘‘act of piracy’’ includes all such aggres-
sions, depredations, and other such acts whether com-
mitted upon land or sea or in the air in relation to any
ship or aircraft.
(b) CONFORMING AMENDMENTS.—The Revised Stat-
utes of the United States are amended as follows:
(1) In section 4293 (33 U.S.C. 381)—
(A) by inserting ‘‘, including commercial
aircraft,’’ after ‘‘merchant vessels’’; and
(B) by inserting ‘‘, or of the citizens there-
of,’’ after ‘‘the United States’’.
HR 3220 IH
(2) In section 4294 (33 U.S.C. 382), by insert-
ing ‘‘or in the skies’’ immediately after ‘‘upon the
high seas’’.
(3) In section 4295 (33 U.S.C. 383)—
(A) by inserting ‘‘and lawful passengers’’
after ‘‘crew’’; and
(B) by inserting ‘‘, including commercial
aircraft,’’ after ‘‘merchant vessel’’.
(4) In section 4298 (33 U.S.C. 386)—
(A) by striking ‘‘or the commanders of any
other suitable vessels,’’ and inserting ‘‘or the
commander or other leader of any other suit-
able entity operating under the authority of any
letters of marque and reprisal granted by Con-
gress’’; and
(B) by inserting ‘‘, or, whether on the high
seas, in the skies or on land, subdue, seize, and
take persons and property, using such force as
may be necessary to defend the lives, liberties,
and property of the citizens of the United
States against piratical aggressions and deg-
radations, as authorized by any letter of
marque and reprisal granted by Congress’’ after
‘‘that section’’.
HR 3220 IH
(c) TREATMENT OF PROPERTY AND PERSONS IDEN-
TIFIED IN LETTER OF MARQUE AND REPRISAL.—The Re-
vised Statutes of the United States are further amended
by inserting after 4299 the following new sections:
‘‘SEC. 4299a. Property identified as subject to seizure
under a duly issued letter of marque and reprisal shall
be deemed enemy property and subject to confiscation and
forfeiture, and further, shall be deemed the property of
the captors or of the United States in such proportions
as provided for in the letter of marque and reprisal pursu-
ant to which said property was seized.
‘‘SEC. 4299b. Any person identified as subject to sei-
zure under a duly issued letter of marque and reprisal
shall be deemed as enemy belligerent of the United States
and subject to court-martial jurisdiction thereof for pun-
ishment of any violation of the laws of nations, such per-
son to be transferred into the custody of the United States
as provided for in the letter of marque and reprisal pursu-
ant to which such person was seized.’’.
(d) DEFINITIONS.—
(1) For the purpose of chapter 81, title 18,
United States Code, the term ‘‘piracy as defined by
the law of nations’’ means robbery on the high seas
and in the air.
HR 3220 IH
(2) For the purposes of chapter 81, title 18,
United States Code, and chapter 7, title 33, United
States Code, the term ‘‘vessel’’ includes ‘‘aircraft’’
and ‘‘port’’ includes ‘‘airport’’.
(e) PUNISHMENTS FOR PIRACY.—Chapter 81 of title
18, United States Code, is amended—
(1) in section 1651—
(A) by inserting ‘‘or in the skies’’ after ‘‘on
the high seas’’; and
(B) by inserting ‘‘or if death results, may
be sentenced to death’’ after ‘‘life’’;
(2) in section 1652—
(A) by inserting ‘‘or in the skies’’ after ‘‘on
the high seas’’; and
(B) by inserting ‘‘or, if death results may
be sentenced to death’’ after ‘‘life’’;
(3) in section 1653—
(A) by inserting ‘‘on land, or in the sky’’
after ‘‘on the sea’’; and
(B) by inserting ‘‘or, if death results may
be sentenced to death’’ after ‘‘life’’;
(4) in section 1654—
(A) by inserting ‘‘or within’’ after ‘‘with-
out’’;
HR 3220 IH
(B) by inserting ‘‘or any individual abroad
any such private vessel of war or privateer,
whether it be a ship or aircraft’’ after ‘‘pri-
vateer’’;
(C) by striking ‘‘fined under this title or’’;
and
(D) by striking ‘‘not more than ten years
or both.’’ and inserting ‘‘for life.’’;
(5) in section 1655—
(A) by inserting ‘‘or an airman, including
steward, stewardess, pilot, copilot or other air-
plane officer’’ after ‘‘being a seaman’’;
(B) by inserting ‘‘, including the pilot or
copilot of an aircraft’’ after ‘‘upon his com-
mander’’;
(C) by inserting ‘‘or persons’’ after ‘‘or
goods’’; and
(D) by inserting ‘‘or if death results, may
be sentenced to death’’ after ‘‘life’’;
(6) in section 1656—
(A) by inserting ‘‘or being a captain, pilot,
or other officer or service member of an air-
craft’’ after ‘‘the United States,’’;
(B) by inserting ‘‘or flies’’ after ‘‘runs’’;
and
HR 3220 IH
(C) by inserting ‘‘or if death results, may
be sentenced to death’’ after ‘‘fined under this
title’’; and
(7) in section 1657—
(A) by inserting ‘‘or captain, pilot, copilot
or service member’’ after ‘‘mariner’’;
(B) by inserting ‘‘or fly’’ after ‘‘run’’;
(C) by inserting ‘‘or passenger’’ after
‘‘merchandise’’;
(D) by inserting ‘‘or in the skies’’ after
‘‘upon the seas’’ both places it appears;
(E) by inserting ‘‘or being an airman con-
fines the pilot of any aircraft’’ after ‘‘of any
vessel’’; and
(F) before the dash by striking ‘‘three’’
and inserting ‘‘ten’’.
SEC. 6. DEPLOYMENT OF FEDERAL AIR MARSHALS.
(a) IN GENERAL.—Subchapter I of chapter 449 is
amended by adding at the end of the following:
‘‘§ 44917. Deployment of Federal air marshals
‘‘(a) IN GENERAL.—The Secretary of Transportation
under the authority provided by section 44903(d) shall—
‘‘(1) provide for deployment of Federal air mar-
shals on selected passenger flights of air carriers in
air transportation or intrastate air transportation;
HR 3220 IH
‘‘(2) provide for appropriate background and
fitness checks for candidates for appointment as
Federal air marshals;
‘‘(3) provide for approptiate training, super-
vision, and equipment of Federal air marshals at the
facility of the Federal Aviation Administration in
New Jersey; and
‘‘(4) require air carriers providing flights de-
scribed in paragraph (1) to provide seating for a
Federal air marshal on any such flight without re-
gard to the availability of seats on the flight.
‘‘(b) FLIGHTS IN FOREIGN AIR TRANSPORTATION.—
The Secretary shall work with appropriate aeronautic au-
thorities of foreign governments under section 44907 to
address security concerns on passenger flights in foreign
air transportation.
‘‘(c) INTERIM MEASURES.—Until the Secretary com-
pletes implementation of subsection (a), the Secretary may
use, for consultation with the heads of other Federal agen-
cies and departments, personnel from those agencies and
departments, on a nonreimbursable basis, to provide air
marshal service.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 449 is amended by adding after the item relating
to section 44916 the following:
‘‘44917. Deployment of Federal air marshals.’’.
HR 3220 IH
SEC. 7. ASSESSMENTS OF THREATS TO AIRPORTS.
Section 44904 is amended by adding at the end the
following:
‘‘(d) PASSENGER VEHICLES.—
‘‘(1) THREAT ASSESSMENT.— An operator of
an airport with scheduled passenger service, in con-
sultation with appropriate State or local law enforce-
ment authorities, may conduct a threat assessment
of the airport to determine whether passenger vehi-
cles should be permitted to park within 300 feet of
the airport terminal building.
‘‘(2) REMOVAL OF CERTAIN RESTRICTIONS.—
If the airport operator, after consultation with the
appropriate State or local law enforcement authori-
ties, determines that safeguards are in place to suffi-
ciently protect public safety and so certifies, in writ-
ing, to the Secretary of Transportation, any rule,
order, or other directive of the Secretary prohibiting
the parking of passenger vehicles within 300 feet of
an airport terminal building shall not apply to the
terminal building at such airport.’’.
SEC. 8. TRANSPORTATION SECURITY OVERSIGHT.
A new subcommittee of the House Transportation
Committee and the Senate Committee on Commerce,
Science and Transportation, ‘‘the subcommittee on airline
security is hereby created, the Membership of which is to
HR 3220 IH
be determined in accordance with the rules of each
House.’’.
SEC. 9. PASSENGER MANIFESTS.
Section 44909 is amended by adding at the end the
following:
‘‘(c) FLIGHTS IN FOREIGN AIR TRANSPORTATION TO
THE UNITED STATES.—
‘‘(1) IN
GENERAL.—Not later than 60 days
after the date of enactment of this subsection, the
Secretary of Transportation shall require each air
carrier and foreign air carrier operating a passenger
flight in foreign air transportation to the United
States to provide to the Secretary by electronic
transmission a passenger and crew manifest con-
taining the information specified in subsection (b).
‘‘(2) INFORMATION.—A passenger and crew
manifest for a flight required under paragraph (1)
shall contain the following information:
‘‘(A) The full name of each passenger and
crew member.
‘‘(B) The date of birth and citizenship of
each passenger and crew member.
‘‘(C) The sex of each passenger and crew
member.
HR 3220 IH
‘‘(D) The passport number and country of
issuance of each passenger and crew member if
required for travel.
‘‘(E) The United States visa number or
resident alien card number of each passenger
and crew member, as applicable.
‘‘(F) The passenger name record of each
passenger.
‘‘(3) TRANSMISSION OF MANIFEST.—Subject to
paragraph (4), a passenger and crew manifest re-
quired for a flight under paragraph (1) shall be
transmitted to the Secretary in advance of the air-
craft landing in the United States in such manner,
time, and form as the Secretary prescribes.’’.
SEC. 10. TAX EXEMPTION.
The salary of any individual screener or security per-
sonnel employed in airport security shall be exempt from
federal income taxation.
SEC. 11. TAX CREDIT FOR ENHANCED SECURITY.
(a) IN GENERAL.—A credit against Federal taxation
shall be given to a corporation for all expenditures it takes
which are intended to make the following improvements,
provided that such corporation is in compliance with all
provisions of section 12 of this Act:
HR 3220 IH
(1)(A) Restrict the opening of a cockpit door
during a flight.
(B) Fortify cockpit doors to deny access from
the cabin to the cockpit.
(C) Use video monitors or other devices to alert
pilots in the cockpit to activity in the cabin.
(D) Ensure continuous operation of an aircraft
transponder in the event of an emergency.
(2) Impose standards for the screening or in-
spection of persons and vehicles having access to se-
cure areas of an airport.
(3) Require effective 911 emergency call capa-
bility for telephones serving passenger aircraft and
passenger trains.
(4) Provide for the use of voice stress analysis
or other technologies to prevent a person who might
pose a danger to air safety or security from boarding
the aircraft of an air carrier or foreign air carrier
in air transportation or intrastate air transportation.
(5) Develop standards and procedures for the
issuance, renewal, and revocation of a certificate of
qualification for individuals who screen passengers
and property at an airport.
(6) Provide for the use of threat image projec-
tion or similar devices to test individuals described
HR 3220 IH
in paragraph (5) and establish procedures to revoke
the certification of such individuals if the individuals
fail to maintain a required level of proficiency.
(7) In consultation with air carriers and other
government agencies, establish policies and proce-
dures requiring air carriers to use information from
government agencies to identify individuals on pas-
senger lists who may be a threat to civil aviation
and, if such an individual is identified, to notify ap-
propriate law enforcement agencies and prohibit the
individual from boarding an aircraft.
(8) Provide for the enhanced use of computer
profiling to more effectively screen passengers and
property that will be carried in the cabin of an air-
craft.
(9) Provide for the use of electronic technology
that positively verifies the identify of each employee
and law enforcement officer who enters a secure
area of an airport.
(10) After consultation with the Administrator,
provide for the installation of switches in an aircraft
cabin to enable flight crews to discreetly notify the
pilots in the case of a security breach occurring in
the cabin.
HR 3220 IH
(11) Update training procedures used by the
Federal Aviation Administration, law enforcement
agencies, air carriers, and flight crews during hijack-
ings to include measures relating to suicidal hijack-
ers and other extremely dangerous events not cur-
rently described in the training procedures.
(12) Provide for background checks of individ-
uals seeking instruction (including training through
the use of flight simulators) in flying aircraft that
has a minimum certificated takeoff weight of more
than 12,500 pounds.
(13) Enter into agreements with federal, state,
and local agencies under which appropriately-trained
law of enforcement personnel from such agencies,
when traveling on a flight of an air carrier, will
carry a firearm and be prepared to assist Federal
air marshals.
(14) Require more thorough background checks
of persons described in subparagraphs (A), (B)(i),
and (B)(ii) of section 44936(a) and paragraph (13)
of this subsection, including a review of immigration
records, law enforcement databases, and record of
other government and international agencies to help
determine whether the person may be a threat to
civil aviation.
HR 3220 IH
(15) Develop and implement a program to en-
sure the security of all property carried on passenger
aircraft by either ensuring that such property is
screened, or by ensuring that no checked baggage is
carried on the aircraft unless the passenger who
checks the baggage is aboard the aircraft.
(16) Provide uniforms to security personnel.
(b) TAX CREDIT FOR AIRPORT IMPROVEMENT PRO-
GRAMS.—
(1) COMPETITION PLAN.—Section 47106(f) is
amended—
(A) by redesignating paragraph (3) as
paragraph (4); and
(B) by inserting after paragraph (2) the
following:
‘‘(3) SPECIAL RULE FOR FISCAL YEAR 2002.—
This subsection does not apply to any passenger fa-
cility fee approved, or grant made, in fiscal year
2002 if the fee or grant is to be used to improve se-
curity at a covered airport.’’.
(2) AIRPORT
DEVELOPMENT
DEFINED.—Sec-
tion 47102(3) is amended by adding at the end the
following:
‘‘(J) Hiring, training, compensating, or re-
imbursement for law enforcement personnel at
HR 3220 IH
a non-hub or small hub airport (as defined in
section 41731).
‘‘(K) In fiscal year 2002, any activity, in-
cluding operational activities, of an airport that
is not a primary airport if that airport is lo-
cated within the confines of enhanced class B
airspace, as defined by Notice to Airmen FDC
1/0618 issued by the Federal Aviation Adminis-
tration.
‘‘(L) In fiscal year 2002, payments for
debt service on indebtedness incurred to carry
out a project at an airport owned or controlled
by the sponsor if the Secretary determines that
such payments are necessary to prevent a de-
fault on the indebtedness.’’.
(3) REIMBURSEMENT FOR PAST EXPENSES.—
Section 47110(b)(2) is amended—
(A) by striking ‘‘or’’ at the end of subpara-
graph (B);
(B) by inserting after the semicolon at the
end of the subparagraph (C)(iii) ‘‘or’’; and
(C) by inserting at the end the following:
‘‘(D) if the cost is incurred after Sep-
tember 11, 2001, for a project described in sub-
paragraphs (J), (K), or (L) of section 47102(3)
HR 3220 IH
without regard to the date of execution of a
grant agreement under this subchapter.’’.
(4) FEDERAL
SHARE.—Section 47109(a) is
amended—
(A) by striking ‘‘and’’ at the end of para-
graph (3);
(B) by striking the period at the end of
paragraph (4) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(5) 100 percent for a project described in sub-
paragraphs (J), (K), or (L) of section 47102(3).’’.
(5) CONFORMING
AMENDMENT
TO
AIRPORT
AND AIRWAY TRUST FUND.—Section 9502(d)(1)(A)
of the Internal Revenue Code of 1986 (relating to
airport and airway program) is amended by insert-
ing ‘‘or the Secure Transportation for America Act
of 2001’’ after ‘‘21st Century’’.
SEC. 12. EMPLOYMENT STANDARDS AND TRAINING.
(a) Any corporation described in section 11(a) and
seeking the tax credit detailed therein must implement the
following policies in order to be eligible for such credit:
(1) A requirement that all personnel who screen
passengers and property be citizens of the United
States or permanent resident aliens.
HR 3220 IH
(2) A preference for the hiring of any individual
who is a member or former member of the armed
forces and who is entitled, under statute, to retired,
retirement, or retainer pay on account of service as
a member of the armed forces, or who was affected
by the tragic events of September 11 and is either
a survivor of that incident, a family member of a
victim or who lost employment as the result of being
employed in a sector directly affected by the inci-
dent.
(b) FINAL RULES ESTABLISHING TRAINING STAND-
ARDS FOR SCREENERS.—Section 44935(e)(1) is amended
by striking ‘‘May 31, 2001’’ and inserting ‘‘6 months after
the date of enactment of the Secure Transportation for
America Act of 2001’’.
(c) EMPLOYMENT
STANDARDS
FOR
SCREENERS;
UNIFORMS.—Section 44935 is amended by adding at the
end the following:
‘‘(g) TRAINING FOR ALL SCREENERS, SUPERVISORS,
AND INSTRUCTORS.—
‘‘(1) IN GENERAL.—The employer shall require
any individual who screens passengers and property
pursuant to section 44901, and the supervisors and
instructors of such individuals, to have satisfactorily
completed all initial, recurrent, and appropriate spe-
HR 3220 IH
cialized training necessary to ensure compliance with
the requirements of this section.
‘‘(2) All persons engaged in the screening proc-
ess are required to successfully pass alcohol and con-
trolled substance testing.
‘‘(3) EDUCATION.—A screener shall have a high
school diploma, or a general equivalency diploma.
‘‘(4) BASIC APTITUDES AND PHYSICAL ABILI-
TIES.—A screener shall have basic aptitudes and
physical abilities (including color perception, visual
and aural acuity, physical coordination, and motor
skills) and shall have—
‘‘(A) the ability to identify the components
that may constitute an explosive or an incen-
diary device;
‘‘(B) the ability to identify objects that ap-
pear to match those items described in all cur-
rent regulations, security directives, and emer-
gency amendments;
‘‘(C) for screeners operating X-ray and ex-
plosives detection system equipment, the ability
to distinguish on the equipment monitors the
appropriate images;
‘‘(D) for screeners operating any screening
equipment, the ability to distinguish each color
HR 3220 IH
displayed on every type of screening equipment
and explain what each color signifies;
‘‘(E) the ability to hear and respond to the
spoken voice and to audible alarms generated
by screening equipment in an active checkpoint
or other screening environment;
‘‘(F) for screeners performing manual
searches or other related operations, the ability
to efficiently and thoroughly manipulate and
handle such baggage, containers, cargo, and
other objects subject to security processing;
‘‘(G) for screeners performing manual
searches of cargo, the ability to use tools that
allow for opening and closing boxes, crates, or
other common cargo packaging;
‘‘(H) for screeners performing screening of
cargo, the ability to stop the transfer of suspect
cargo to passenger air carriers; and
‘‘(I) for screeners performing pat-down or
hand-held metal detector searches of persons,
sufficient dexterity and capability to thoroughly
conduct those procedures over a person’s entire
body.
HR 3220 IH
‘‘(5) COMMAND
OF
ENGLISH
LANGUAGE.—A
screener shall be able to read, speak, write, and un-
derstand the English language well enough to—
‘‘(A) carry out written and oral instruc-
tions regarding the proper performance of
screening duties;
‘‘(B) read English language identification
media, credentials, airline tickets, documents,
air waybills, invoices, and labels on items nor-
mally encountered in the screening process;
‘‘(C) provide direction to and understand
and answer questions from English-speaking
persons undergoing screening or submitting
cargo for screening; and
‘‘(D) write incident reports and statements
and log entries into security records in the
English language.’’.
(d) CRIMINAL
HISTORY
RECORD
CHECK
FOR
SCREENERS
AND
OTHERS.—Section 
44936(a) 
is
amended—
(1) in paragraph (1)(E)(iv)(II) by striking the
period at the end and inserting ‘‘; except that at
such an airport, the airport operator, air carriers,
and certified screening companies may elect to im-
plement the requirements of this subparagraph in
HR 3220 IH
advance of the effective date if the Secretary ap-
proves of such early implementation and if the air-
port operator, air carriers, and certified screening
companies amend their security programs to con-
form those programs to the requirements of this
subparagraph.’’; and
(2) in paragraph (2)—
(A) by striking ‘‘or airport operator’’ and
inserting ‘‘airport operator, or certificated
screening company’’; and
(B) by adding at the end the following: ‘‘In
this paragraph, the term ‘certificated screening
company’ means a screening company to which
the Secretary has issued a screening company
certificate authorizing the screening company to
provide security screening.’’.
Æ