[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3220 Introduced in House (IH)]







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 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 improve aviation security, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 Transportation.--Except as otherwise 
specifically provided, whenever in this Act a reference is made to the 
``Secretary'' 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 attacks 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.
            (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 contrary 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 Pentagon 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.
            (11) These attacks were by far the deadliest terrorist 
        attacks ever launched against the United States and, by 
        targeting symbols of United States strength and success, 
        clearly were intended to intimidate the Nation and weaken its 
        resolve.
            (12) A problem exists with the take home pay of frontline 
        airport security personnel which has resulted in high turn over 
        rates.
            (13) Economic incentives conveyed through the tax code are 
        preferable to government mandates.
            (14) The best economic system avoids government regulation 
        and trusts consumer sovereignty.
            (15) New taxes and fees upon passengers will serve as a 
        disincentive to air travel.
            (16) It is in the interests of the United States economy to 
        promote increased air safety and travel.
            (17) As our President has recognized, tax relief is 
        preferable to tax increases and increased government spending.

SEC. 3. AVIATION SAFETY AND SUPPRESSION OF TERRORISM.

    Notwithstanding any other provision of law, no department or agency 
of the Federal Government shall prohibit any pilot, copilot, or 
navigator of an aircraft, or any law enforcement personnel specifically 
detailed for the protection 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 airports'' the following: ``and 
at each location at those airports 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 depredation'' and ``act of piracy'' includes all such 
aggressions, depredations, and other such acts whether committed upon 
land or sea or in the air in relation to any ship or aircraft.
    (b) Conforming Amendments.--The Revised Statutes 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 thereof,'' 
                after ``the United States''.
            (2) In section 4294 (33 U.S.C. 382), by inserting ``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 suitable entity operating 
                under the authority of any letters of marque and 
                reprisal granted by Congress''; 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 degradations, as authorized by any 
                letter of marque and reprisal granted by Congress'' 
                after ``that section''.
    (c) Treatment of Property and Persons Identified in Letter of 
Marque and Reprisal.--The Revised 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 
pursuant to which said property was seized.
    ``Sec. 4299b. Any person identified as subject to seizure 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 punishment of any violation of the laws of 
nations, such person to be transferred into the custody of the United 
States as provided for in the letter of marque and reprisal pursuant 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.
            (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 ``without'';
                    (B) by inserting ``or any individual abroad any 
                such private vessel of war or privateer, whether it be 
                a ship or aircraft'' after ``privateer'';
                    (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 airplane officer'' 
                after ``being a seaman'';
                    (B) by inserting ``, including the pilot or copilot 
                of an aircraft'' after ``upon his commander'';
                    (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 aircraft'' after 
                ``the United States,'';
                    (B) by inserting ``or flies'' after ``runs''; and
                    (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 confines 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:
``Sec. 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 marshals on 
        selected passenger flights of air carriers in air 
        transportation or intrastate air transportation;
            ``(2) provide for appropriate background and fitness checks 
        for candidates for appointment as Federal air marshals;
            ``(3) provide for approptiate training, supervision, and 
        equipment of Federal air marshals at the facility of the 
        Federal Aviation Administration in New Jersey; and
            ``(4) require air carriers providing flights described in 
        paragraph (1) to provide seating for a Federal air marshal on 
        any such flight without regard to the availability of seats on 
        the flight.
    ``(b) Flights in Foreign Air Transportation.--The Secretary shall 
work with appropriate aeronautic authorities of foreign governments 
under section 44907 to address security concerns on passenger flights 
in foreign air transportation.
    ``(c) Interim Measures.--Until the Secretary completes 
implementation of subsection (a), the Secretary may use, for 
consultation with the heads of other Federal agencies 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.''.

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 consultation with appropriate 
        State or local law enforcement authorities, may conduct a 
        threat assessment of the airport to determine whether passenger 
        vehicles 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 authorities, determines that safeguards 
        are in place to sufficiently protect public safety and so 
        certifies, in writing, 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 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 containing 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.
                    ``(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 required for a flight under 
        paragraph (1) shall be transmitted to the Secretary in advance 
        of the aircraft 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 personnel 
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:
            (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 inspection of 
        persons and vehicles having access to secure areas of an 
        airport.
            (3) Require effective 911 emergency call capability 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 projection or 
        similar devices to test individuals described 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 procedures requiring air 
        carriers to use information from government agencies to 
        identify individuals on passenger lists who may be a threat to 
        civil aviation and, if such an individual is identified, to 
        notify appropriate 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 aircraft.
            (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.
            (11) Update training procedures used by the Federal 
        Aviation Administration, law enforcement agencies, air 
        carriers, and flight crews during hijackings to include 
        measures relating to suicidal hijackers and other extremely 
        dangerous events not currently described in the training 
        procedures.
            (12) Provide for background checks of individuals 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.
            (15) Develop and implement a program to ensure 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 Programs.--
            (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 facility fee approved, or grant 
        made, in fiscal year 2002 if the fee or grant is to be used to 
        improve security at a covered airport.''.
            (2) Airport development defined.--Section 47102(3) is 
        amended by adding at the end the following:
                    ``(J) Hiring, training, compensating, or 
                reimbursement for law enforcement personnel at a non-
                hub or small hub airport (as defined in section 41731).
                    ``(K) In fiscal year 2002, any activity, including 
                operational activities, of an airport that is not a 
                primary airport if that airport is located within the 
                confines of enhanced class B airspace, as defined by 
                Notice to Airmen FDC 1/0618 issued by the Federal 
                Aviation Administration.
                    ``(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 default on the indebtedness.''.
            (3) Reimbursement for past expenses.--Section 47110(b)(2) 
        is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (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 September 11, 
                2001, for a project described in subparagraphs (J), 
                (K), or (L) of section 47102(3) 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 paragraph 
                (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 subparagraphs 
        (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 
        inserting ``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.
            (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 incident.
    (b) Final Rules Establishing Training Standards 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 specialized training necessary to 
        ensure compliance with the requirements of this section.
            ``(2) All persons engaged in the screening process are 
        required to successfully pass alcohol and controlled substance 
        testing.
            ``(3) Education.--A screener shall have a high school 
        diploma, or a general equivalency diploma.
            ``(4) Basic Aptitudes and physical abilities.--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 incendiary device;
                    ``(B) the ability to identify objects that appear 
                to match those items described in all current 
                regulations, security directives, and emergency 
                amendments;
                    ``(C) for screeners operating X-ray and explosives 
                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 
                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.
            ``(5) Command of english language.--A screener shall be 
        able to read, speak, write, and understand the English language 
        well enough to--
                    ``(A) carry out written and oral instructions 
                regarding the proper performance of screening duties;
                    ``(B) read English language identification media, 
                credentials, airline tickets, documents, air waybills, 
                invoices, and labels on items normally 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 implement the requirements of this 
        subparagraph in advance of the effective date if the Secretary 
        approves of such early implementation and if the airport 
        operator, air carriers, and certified screening companies amend 
        their security programs to conform 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.''.
                                 <all>