I

104TH CONGRESS

2D SESSION H. R. 4312

To revitalize the tourism industry and to provide airport security, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 28, 1996

Mr. MCCOLLUM introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Commerce, Ways and Means, the Judiciary, and 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 revitalize the tourism industry and to provide airport

security, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Tourism Revitalization

5 and Airport Security Act of 1996’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:
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1 (1) Tourism is a vital industry to the United

2 States, providing employment and growth to all

3 parts of the country.

4 (2) Tourism promotes a greater appreciation of

5 our Nation’s natural treasures.

6 (3) International tourism promotes increased

7 cultural understanding among people of nations.

8 (4) The United States is currently at a com9 petitive disadvantage in the international tourism

10 market.

11 (5) The Federal Government can play a promi12 nent role in ensuring the future growth of tourism.

13 TITLE I—ENSURING TRAVELER

14 SAFETY

15 SEC. 101. INTERIM DEPLOYMENT OF COMMERCIALLY

16 AVAILABLE EXPLOSIVE DETECTION EQUIP17 MENT.

18 Section 44913(a) of title 49, United States Code, is

19 amended—

20 (1) by redesignating paragraph (3) as para21 graph (4); and

22 (2) by inserting after paragraph (2) the follow23 ing new paragraph (3):

24 ‘‘(3) Until such time as the Administrator de25 termines that equipment certified under paragraph
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1 (1) of this subsection is commercially available and

2 has successfully completed operational testing as

3 provided in 49 United States Code 44913(a)(1), the

4 Administrator shall facilitate the deployment of com5 mercially available explosive detection devices that

6 the Administrator approves and determines will en7 hance aviation security significantly. The Adminis8 trator shall require that equipment deployed under

9 this paragraph be replaced by equipment certified

10 under paragraph (1) when equipment certified under

11 paragraph (1) becomes commercially available.’’.

12 SEC. 102. AUTHORITY FOR CRIMINAL HISTORY RECORDS

13 CHECKS.

14 Section 44936(a)(1) of title 49, United States Code.

15 is amended—

16 (1) by striking ‘‘(1)’’ and inserting ‘‘(1)(A)’’;

17 (2) by redesignating subparagraphs (A) and

18 (B) as clauses (i) and (ii), respectively; and

19 (3) by adding at the end the following:

20 ‘‘(B) The Administrator shall require by regula21 tion that an employment investigation (including a

22 criminal history record check in cases in which the

23 employment investigation reveals a gap in employ24 ment of 12 months or more that the individual does

25 not satisfactorily account for) be conducted for indi-
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1 viduals who will be responsible for screening pas2 sengers or property under this chapter and their su3 pervisors.’’.

4 SEC. 103. AUDIT OF PERFORMANCE OF BACKGROUND

5 CHECKS FOR CERTAIN PERSONNEL.

6 Section 44936(a) of title 49, United States Code, is

7 amended by adding at the end the following:

8 ‘‘(3) The Administrator shall provide for the

9 periodic audit of criminal history record checks con10 ducted under paragraph (1) of this subsection.’’.

11 SEC. 104. PERFORMANCE STANDARDS FOR AIRPORT SECU12 RITY PERSONNEL.

13 Section 44935(a) of title 49, United States Code, is

14 amended—

15 (1) by striking ‘‘and’’ at the end of paragraph

16 (4); and

17 (2) by adding at the end the following:

18 ‘‘(6) performance standards for airport and air19 line security personnel, including counter personnel;

20 and

21 ‘‘(7) guidelines for encouraging the retention of

22 security personnel responsible for passengers and

23 cargo.’’
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1 SEC. 105. PASSENGER PROFILING.

2 The Federal Aviation Administration, the Secretary

3 of Transportation, the intelligence community, and the law

4 enforcement community should continue to assist air car5 riers in developing computer-assisted passenger profiling

6 programs.

7 SEC. 106. AUTHORITY TO USE CERTAIN FUNDS FOR AIR8 PORT SECURITY PROGRAMS AND ACTIVITIES.

9 (a) AUTHORITY TO USE FUNDS.—Notwithstanding

10 any other provision of law, funds referred to in subsection

11 (b) may be used to expand and enhance air transportation

12 security programs and other activities at airports (includ13 ing the improvement of facilities and the purchase and de14 ployment of equipment) to ensure the safety and security

15 of passengers and other persons involved in air travel.

16 (b) COVERED FUNDS.—The following funds may be

17 used under subsection (a):

18 (1) Project grants made under subchapter 1 of

19 chapter 471 of title 49, United States Code.

20 (2) Passenger facility fees collected under sec21 tion 40117 of title 49, United States Code.

22 SEC. 107. ASSESSMENT OF CARGO.

23 (a) IN GENERAL.—The Administrator of the Federal

24 Aviation Administration shall, in consultation with the ap25 propriate Federal agencies, review—
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1 (1) the oversight by the Federal Aviation Ad2 ministration of inspections of shipments of mail and

3 cargo by domestic and foreign air carriers;

4 (2) the need for additional security measures

5 with respect to such inspections; and

6 (3) the adequacy of inspection and screening of

7 cargo on passenger air carriers.

8 (b) LEGISLATIVE PROPOSALS.—The President shall

9 submit relevant legislative proposals to Congress, as may

10 be required.

11 SEC. 108. ASSIGNMENT OF FBI AGENTS TO HIGH-RISK AIR12 PORTS.

13 Section 44904 of title 49, United States Code, is

14 amended by adding at the end the following:

15 ‘‘(d) RESPONSIBILITY OF FBI AGENTS TO AREAS OF

16 HIGH-RISK AIRPORTS.—The Director of the Federal Bu17 reau of Investigation shall assure that agents of the Fed18 eral Bureau of Investigation who are assigned to an area

19 where there are airports that are determined to be high20 risk airports shall, jointly with the Federal Aviation Ad21 ministration, carry out periodic threat and vulnerability

22 assessments of security every 3 years, or more frequently,

23 as necessary, at such airports.’’.
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1 SEC. 109. SUPPLEMENTAL SCREENING.

2 Section 44903(c) of title 49, United States Code, is

3 amended by adding at the end of the following new para4 graph:

5 ‘‘(3) USE OF DOGS IN SCREENING.—

6 ‘‘(A) IN GENERAL.—The law enforcement

7 presence and capability required under para8 graph (1) shall include a requirement that the

9 operator of each major airport use dogs or

10 other appropriate animals to supplement exist11 ing equipment used for screening passengers

12 and cargo for plastic explosives and other de13 vices or materials which may be used in aircraft

14 piracy. If the Administrator determines that the

15 requirements of the preceding sentence will not

16 significantly enhance the safety and security of

17 passengers and other persons involved in air

18 travel, the Administrator may modify such re19 quirements as appropriate. At the discretion of

20 the Administrator, the use of dogs at an airport

21 may be deemed as compliance with section

22 449913(a)(3) of this title.

23 ‘‘(B) MAJOR AIRPORT DEFINED.—In this

24 paragraph, the term ‘major airport’ means an

25 airport that is one of the largest 50 airports in

26 the United States, as determined by the num-
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1 ber of passenger enplanements in calendar year

2 1995.’’.

3 SEC. 110. SUPPLEMENTAL EXPLOSIVE DETECTION.

4 Section 44913(b) of title 49, United States Code, is

5 amended to read as follows:

6 ‘‘(b) SUPPLEMENTAL EXPLOSIVE DETECTION.—

7 ‘‘(1) GRANTS.—The Secretary shall make

8 grants for expenses of training and evaluation of

9 dogs for the explosive detection K–9 team training

10 program for the purpose of detecting explosives at

11 airports and aboard aircraft. Not later than 180

12 days after the date of the enactment of the Aviation

13 Security Improvement Act of 1996, the Secretary

14 shall extend such program to the largest 50 airports

15 in the United States, as determined by the number

16 of passenger enplanements in calendar year 1995.

17 ‘‘(2) FUNDING.—There is authorized to be ap18 propriated from the Trust Fund for carrying out

19 paragraph (1) such sums as may be necessary for

20 fiscal years beginning after September 30, 1996.

21 Such funds shall remain available until expended.’’.

22 SEC. 111. ENHANCED SECURITY FOR SMALL AIRPLANES

23 Not later than 60 days after the date of the enact24 ment of this Act, the Administrator shall initiate a rule25 making to revise section 108.5 and 108.7 of 14 C.F.R.
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1 with respect to airplanes having a passenger seating con2 figuration of less than 61 to enhance the safety and secu3 rity of air travel in such airplanes.

4 SEC. 112. CIVIL AVIATION SECURITY REVIEW COMMISSION.

5 (a) ESTABLISHMENT.—There is established a com6 mission to be known as the Civil Aviation Security Review

7 Commission (hereinafter in this section referred to as the

8 ‘‘Commission’’).

9 (b) FUNCTIONS.—The Commission shall conduct a

10 comprehensive review of aviation security. Matters to be

11 studied by the Commission shall include the following:

12 (1) A review of the advisability of transferring

13 responsibilities of air carriers under Federal law for

14 security activities conducted on-site at airports to

15 airport operators or to appropriate entities inde16 pendent of air carriers.

17 (2) A review of whether baggage match require18 ments should be imposed on air carriers providing

19 interstate air transportation and how baggage match

20 can be accomplished to enhance the safety and secu21 rity of domestic air travel.

22 (3) A review of the cost and advisability of re23 quiring hardened cargo containers as a way to en24 hance aviation security and reduce the required sen25 sitivity of bomb detection equipment.
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1 (c) MEMBERSHIP.—The Commission shall be com2 posed of 13 members, appointed from persons knowledge3 able about civil aviation in the United States and who are

4 specifically qualified by training and experience to perform

5 the duties of the Commission, as follows:

6 (1) 3 members appointed by the Secretary of

7 Transportation, in consultation with the Secretary of

8 the Treasury.

9 (2) 10 members appointed by Congress as fol10 lows:

11 (A) 1 member appointed by each of the

12 chairman and ranking minority member of the

13 Committee on Transportation and Infrastruc14 ture of the House of Representatives.

15 (B) 1 member appointed by each of the

16 chairman and ranking minority member of the

17 Committee on Appropriations of the House of

18 Representatives.

19 (C) 1 member appointed by each of the

20 chairman and ranking minority member of the

21 Committee on Commerce, Science, and Trans22 portation of the Senate.

23 (D) 1 member appointed by each of the

24 chairman and ranking minority member of the

25 Committee on Appropriations of the Senate.
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1 (E) 1 member appointed by each of the

2 chairman and ranking minority member of the

3 Committee on Ways and Means of the House of

4 Representatives.

5 (d) RESTRICTION ON APPOINTMENT OF CURRENT

6 AVIATION EMPLOYEES.—A member appointed under sub7 section (c)(1) may not be an employee of an airline, air8 port, aviation union, or aviation trade association at the

9 time of appointment or while serving on the Commission.

10 (e) TIMING OF APPOINTMENTS.—The appointing au11 thorities shall make their appointments to the Commission

12 not later than 30 days after the date of the enactment

13 of this Act.

14 (f) CHAIRMAN.—In consultation with the Secretary

15 of Transportation, the Speaker of the House of Represent16 atives and the majority leader of the Senate shall des17 ignate a chairman and vice chairman from among the

18 members of the Commission not later than 30 days after

19 appointment of the last member to the Commission.

20 (g) PERIOD OF APPOINTMENT AND VACANCIES.—

21 Members shall be appointed for the life of the Commission,

22 and any vacancy on the Commission shall not affect its

23 powers but shall be filled in the same manner, and by the

24 same appointing authority, as the original appointment.
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1 (h) QUORUM.—A majority of the members of the

2 Commission shall constitute a quorum to conduct busi3 ness, but the Commission may establish a lesser number

4 for conducting hearings scheduled by the Commission.

5 (i) POWERS OF THE COMMISSION.—

6 (1) HEARINGS.—The Commission may hold

7 such hearings, sit and act at such times and places,

8 administer such oaths, take such testimony, and re9 ceive such evidence as the Commission considers ad10 visable to carry out its duties.

11 (2) INFORMATION FROM FEDERAL AGENCIES.—

12 The Commission may secure directly from any Fed13 eral department or agency such information or docu14 ments as the Commission considers necessary to

15 carry out its duties, unless the head of such depart16 ment or agency advises the chairman of the Com17 mission, in writing, that such information is con18 fidential and that its release to the Commission

19 would jeopardize aviation safety, the national secu20 rity, or pending criminal investigations.

21 (3) DETAIL OF GOVERNMENT EMPLOYEES.—

22 Any Federal Government employee may be detailed

23 to the Commission without reimbursement, and such

24 detail shall be without interruption or loss of civil

25 service status or privilege.
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1 (4) TRAVEL AND PER DIEM.—Members and

2 staff of the Commission shall be paid travel ex3 penses, including per diem in lieu of subsistence,

4 when away from his or her usual place of residence,

5 in accordance with section 5703 of title 5, United

6 States Code.

7 (j) FINAL REPORT.—Not later than 1 year after the

8 date of the appointment of the last member to the Com9 mission under subsection (c), the Commission shall submit

10 to Congress and the Administrator a final report on the

11 findings of the Commission with corresponding rec12 ommendations. Included with this report shall be the inde13 pendent audit required under subsection (j).

14 (k) AUTHORIZATION OF APPROPRIATIONS.—There is

15 hereby authorized to be appropriated $2,400,000 for ac16 tivities of the Commission to remain available until ex17 pended.

18 SEC. 113. TEST OF IGRIS SYSTEMS FOR EXPLOSIVE DETEC19 TION.

20 (a) IN GENERAL.—The Administrator of the Federal

21 Aviation Administration shall conduct a test under section

22 44913(a) of title 49, United States Code, to assess the

23 performance of inelastic gamma ray imaging and spectros24 copy systems in the detection of explosive materials.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated for fiscal years beginning

3 after September 30, 1996, $6,000,000 to carry out sub4 section (a).

5 SEC. 114. STUDY OF BOMB CONTAINMENT TECHNOLOGIES.

6 (a) IN GENERAL.—The Secretary of Transportation

7 shall conduct a study of the effectiveness of bomb blast

8 containment technologies in aircraft luggage and cargo

9 holds.

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

11 authorized to be appropriated for fiscal years beginning

12 after September 30, 1996, $20,000,000 to carry out sub13 section (a).

14 SEC. 115. SENSE OF CONGRESS CONCERNING BAG MATCH

15 SYSTEMS.

16 It is the sense of Congress that, although airport se17 curity is a top priority, thorough studies of the bag match

18 system of security for flights in air transportation need

19 to be conducted before implementation of the system on

20 any widespread basis. Such studies should include an as21 sessment of the need for the system, the effectiveness of

22 the system, the projected impact of the system on air pas23 senger volume, the projected impact of the system on the

24 number of delays in aircraft arrivals and departures, and
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1 the projected impact of the system on the number of

2 ticketed air passengers who miss flights.

3 TITLE II—TOURISM PROMOTION

4 SEC. 201. NATIONAL TOURISM BOARD.

5 (a) ESTABLISHMENT.—There is established the Na6 tional Tourism Board to—

7 (1) utilize a private-public partnership for trav8 el and tourism policymaking;

9 (2) develop a national travel and tourism strat10 egy for increasing travel and tourism to and within

11 the United States;

12 (3) advise the President, the Congress, and the

13 travel and tourism industry on the implementation

14 of such national strategy and on other matters af15 fecting travel and tourism; and

16 (4) provide guidance to the National Tourism

17 Organization established under section 202.

18 (b) COMPOSITION.—The Board shall consist of 36

19 members appointed by the President as follows—

20 (1) 27 members shall be appointed from indi21 viduals who represent all the ranges of the travel

22 and tourism industry;

23 (2) 6 members shall be appointed from State,

24 regional, and Federal agencies related to travel and

25 tourism;
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1 (3) 1 member shall be appointed from the Sen2 ate and 1 member shall be appointed from the

3 House of Representatives; and

4 (4) a chairman shall be appointed by and with

5 the advice of the Senate.

6 In making appointments to the Board, the President shall

7 take into account recommendations made by organizations

8 representing the travel and tourism industry. The chair9 man shall be accountable to the President and the Con10 gress for the operations of the Board.

11 (c) TERMS.—The members and chairman of the

12 Board shall be appointed for terms of 3 years, except that

13 of the members first appointed—

14 (1) 12 members shall be appointed for a term

15 of 1 year;

16 (2) 12 members shall be appointed for a term

17 of 2 years; and

18 (3) 11 members and the chairman shall be ap19 pointed for a term of 3 years,

20 as determined by the President as of the date of the first

21 appointments. A member may be reappointed to serve on

22 the Board.

23 (d) AUTHORITY.—

24 (1) NON-FEDERAL STATUS.—The Board is not

25 a Federal agency and is not subject to any Federal
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1 law, including the Federal Advisory Commission Act

2 and personnel and budget laws.

3 (2) EXECUTIVE DIRECTOR.—The chairman of

4 the Board may appoint an executive director and es5 tablish the compensation and the duties of the exec6 utive director.

7 (3) MEETINGS.—The Board shall meet at least

8 semi-annually. The meetings shall be open to the

9 public and appropriate notice shall be given for the

10 meeting dates.

11 (4) COMPENSATION AND EXPENSES.—The

12 chairman and members of the Board shall serve

13 without compensation but may be compensated for

14 expenses incurred in carrying out the duties of the

15 Board.

16 (5) TESTIMONY, REPORTS, AND SUPPORT.—The

17 Board may present testimony to the Congress and to

18 legislatures of the States and issue reports on its

19 findings and recommendations.

20 (6) CONTRIBUTIONS.—The Board may accept

21 financial contributions from the private sector to

22 cover the expenses of the Board.

23 SEC. 202. NATIONAL TOURISM ORGANIZATION.

24 (a) ESTABLISHMENT.—There is established with a

25 Federal charter the National Tourism Organization. The
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1 Organization shall be a not-for-profit organization. The

2 Organization is not a Federal agency and shall not be sub3 ject to any Federal law.

4 (b) DUTIES.—The Organization shall—

5 (1) seek to, and work for, an increase in the

6 share of the United States in the global tourism

7 market;

8 (2) implement the national travel and tourism

9 strategy developed by the National Tourism Board

10 under section 201(a)(2);

11 (3) operate travel and tourism promotion pro12 grams outside the United States in partnership with

13 the travel and tourism industry in the United

14 States;

15 (4) conduct market research necessary for ef16 fective promotion of the travel and tourism market;

17 (5) establish a Travel-Tourism Data Bank, col18 lect international market data for the Bank, and dis19 seminate such data to the travel and tourism indus20 try in the United States; and

21 (6) promote United States travel and tourism

22 at international trade shows.

23 (c) BOARD OF DIRECTORS.—The Organization shall

24 be governed by a Board of Directors (hereinafter in this

25 section ‘‘Board’’), which shall have 45 members. The
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1 Board shall be accountable to the National Tourism Board

2 for the operations of the Organization. The President shall

3 appoint the initial members of the Board, taking into ac4 count recommendations made by organizations represent5 ing the travel and tourism industry so that all the ranges

6 of the travel and tourism industry are represented on the

7 Board. By majority vote, members of the Board shall se8 lect one member to be chairman and shall adopt bylaws,

9 policies, and procedures to govern the duties of the chair10 man, the term of service of members of the Board, the

11 functioning of the Board, and the operations of the Orga12 nization. The Board shall appoint new members to fill any

13 vacancy on the Board.

14 (d) STAFF.—The Board shall appoint a president of

15 the Organization and such other staff as the Board deter16 mines is necessary. The Board shall establish the duties

17 of the staff and set the compensation of the staff. The

18 president of the Organization shall serve as a member of

19 the Trade Promotion Coordinating Committee.

20 (e) FUNDING.—The Organization may accept finan21 cial contributions. Within one year of the date of the en22 actment of this Act, the Board shall develop a plan for

23 long-term financing and, if necessary, make recommenda24 tions to the Congress and the President for legislation.
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1 SEC. 203. UNITED STATES GOVERNMENT COOPERATION.

2 (a) SECRETARY OF STATE.—The Secretary of State

3 shall—

4 (1) place a priority on implementing rec5 ommendations by the National Tourism Board; and

6 (2) cooperate with the National Tourism Orga7 nization in carrying out its duties.

8 (b) DIRECTOR OF THE UNITED STATES INFORMA9 TION AGENCY.—The Director of the United States Infor10 mation Agency shall—

11 (1) place a priority on implementing rec12 ommendations by the National Tourism Board; and

13 (2) cooperate with the National Tourism Orga14 nization in carrying out its duties.

15 SEC. 204. TRANSITION FROM THE UNITED STATES TRAVEL

16 AND TOURISM ADMINISTRATION.

17 (a) STAFF.—The President may transfer up to 25

18 members of the staff of the United States Travel and

19 Tourism Administration established under section 301 of

20 the International Travel Act of 1961 (22 U.S.C. 2124)

21 to the Foreign Service or the Commercial Service for 2

22 years. Such staff members shall assist the Organization

23 in its start-up activities.

24 (b) FILES AND OTHER RESOURCES.—The files and

25 other nonfinancial resources of the United States Travel
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1 and Tourism Administration are transferred to the United

2 States Foreign and Commercial Service.

3 SEC. 205. TRADE PROMOTION COORDINATING COMMITTEE.

4 Section 2312 of the Export Enhancement Act of

5 1988 (15 U.S.C. 4727) is amended—

6 (1) in subsection (c) by adding at the end

7 thereof:

8 ‘‘(6) reflect recommendations by the National

9 Tourism Board.’’; and

10 (2) in paragraph (d)(1) by striking ‘‘and’’ in

11 ‘‘(L)’’, by redesignating ‘‘(M)’’ as ‘‘(N)’’, and by in12 serting the following:

13 ‘‘(M) the President of the National Tour14 ism Organization; and’’.

15 SEC. 206. DEFINITIONS.

16 For purposes of this title, the term ‘‘Organization’’

17 means the National Tourism Organization established

18 under section 202.

19 TITLE III—FACILITATING

20 TRAVEL

21 SEC. 301. GENERAL REVENUE PORTION OF MOTOR FUEL

22 EXCISE TAX REVENUES TO BE DEPOSITED

23 INTO APPROPRIATE TRUST FUND.

24 (a) INCREASED HIGHWAY TRUST FUND DEPOS25 ITS.—
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1 (1) Paragraph (4) of section 9503(b) of the In2 ternal Revenue Code of 1986 (relating to certain ad3 ditional taxes not transferred to Highway Trust

4 Fund) is amended to read as follows:

5 ‘‘(4) CERTAIN TAXES NOT TRANSFERRED TO

6 HIGHWAY TRUST FUND.—For purposes of para7 graphs (1) and (2), there shall not be taken into ac8 count the taxes imposed by—

9 ‘‘(A) section 4041(d),

10 ‘‘(B) section 4081 to the extent attrib11 utable to the rate specified in section

12 4081(a)(2)(B), or

13 ‘‘(C) section 4041 or 4081 to the extent

14 attributable to fuel used in a train.’’

15 (2) Subparagraph (B) of section 40(e)(1) of

16 such Code is amended by striking ‘‘during which the

17 Highway Trust Fund financing rate under section

18 4081(a)(2) is not in effect’’ and inserting ‘‘during

19 which the rates of tax specified in section

20 4081(a)(2)(A) are not in effect’’.

21 (3) The last sentence of subparagraph (A) of

22 section 9503(c)(2) of such Code is amended by strik23 ing ‘‘by taking into account only the Highway Trust

24 Fund financing rate applicable to any fuel’’ and in25 serting ‘‘by taking into account only the portion of
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1 the taxes which are deposited into the Highway

2 Trust Fund’’.

3 (4) Section 9503 of such Code is amended by

4 striking subsection (f).

5 (b) INCREASED AIRPORT AND AIRWAY TRUST FUND

6 DEPOSITS.—

7 (1) Subsection (b) of section 9502 of such Code

8 is amended—

9 (A) by striking ‘‘(to the extent of 15 cents

10 per gallon)’’ in paragraph (2), and

11 (B) by striking ‘‘(to the extent attributable

12 to the Airport and Airway Trust Fund financ13 ing rate)’’ in paragraph (3) and inserting

14 ‘‘(other than to the extent attributable to the

15 Leaking Underground Storage Tank Trust

16 Fund financing rate)’’.

17 (2) Section 9502 of such Code is amended by

18 striking subsection (f).

19 (c) INCREASED INLAND WATERWAYS TRUST FUND

20 DEPOSITS.—Paragraph (2) of section 4042(b) of such

21 Code is amended by striking subparagraph (C) and by

22 striking subparagraph (A) and inserting the following new

23 subparagraph:

24 ‘‘(A) The Inland Waterways Trust Fund

25 financing rate is 24.3 cents per gallon.’’
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1 (d) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to taxes imposed after the date

3 of the enactment of this Act.

4 SEC. 302. REPEAL OF SCHEDULED INCREASE IN TAX ON

5 FUEL USED IN COMMERCIAL AVIATION.

6 (a) IN GENERAL.—The first sentence of section

7 4092(b) of the Internal Revenue Code of 1986 (relating

8 to exemptions) is amended by striking ‘‘is attributable

9 to—’’ and all that follows and inserting ‘‘is attributable

10 to the Leaking Underground Storage Tank Trust Fund

11 financing rate imposed by such section.’’

12 (b) CONFORMING AMENDMENTS.—

13 (1) Paragraph (4) of section 6427(l) of such

14 Code is amended by striking ‘‘is attributable to—’’

15 and all that follows and inserting ‘‘is attributable to

16 the Leaking Underground Storage Tank Trust Fund

17 financing rate imposed by such section.’’

18 (2) Section 13245 of the Omnibus Budget Rec19 onciliation Act of 1993 is hereby repealed.

20 (c) EFFECTIVE DATE.—The amendments made by

21 this section shall take effect on September 30, 1995.
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1 SEC. 303. RESTORATION OF DEDUCTION FOR BUSINESS

2 MEALS AND ENTERTAINMENT AND FOR

3 TRAVEL EXPENSES OF SPOUSES AND OTHERS

4 ACCOMPANYING THE TAXPAYER ON BUSI5 NESS.

6 (a) RESTORATION OF DEDUCTION FOR BUSINESS

7 MEALS AND ENTERTAINMENT.—

8 (1) GENERAL RULE.—Paragraph (1) of section

9 274(n) of the Internal Revenue Code of 1986 (relat10 ing to only 50 percent of meal and entertainment ex11 penses allowed as deduction) is amended by striking

12 ‘‘50 percent’’ and inserting ‘‘100 percent’’.

13 (2) CONFORMING AMENDMENT.—The sub14 section heading for section 274(n) of such Code is

15 amended by striking ‘‘50’’ and inserting ‘‘100’’.

16 (3) EFFECTIVE DATE.—The amendments made

17 by this subsection shall apply to taxable years begin18 ning after December 31, 1995.

19 (b) REPEAL OF SPECIAL LIMITATION ON DEDUCTION

20 FOR TRAVEL EXPENSES OF SPOUSES, ETC.—

21 (1) IN GENERAL.—Subsection (m) of section

22 274 of such Code is amended by striking paragraph

23 (3).

24 (2) EFFECTIVE DATE.—The amendment made

25 by this subsection shall apply to amounts paid or in26 curred after December 31, 1995.
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1 SEC. 304. DEDUCTION FOR PROMOTION OF TOURISM IN

2 THE UNITED STATES.

3 (a) IN GENERAL.—Section 162 of the Internal Reve4 nue Code of 1986 (relating to trade or business expenses)

5 is amended by redesignating subsection (o) as subsection

6 (p) and by inserting after subsection (n) the following new

7 subsection:

8 ‘‘(o) EXPENSES PROMOTING TOURISM IN THE UNIT9 ED STATES.—In the case of a taxpayer engaged in a trade

10 or business, there shall be allowed as a deduction under

11 this section any amount paid or incurred to promote tour12 ism to the United States by individuals who are not resi13 dents of the United States. The preceding sentence shall

14 apply only to amounts which are not otherwise allowable

15 as a deduction under this chapter.’’

16 (b) EFFECTIVE DATE.—The amendment made by

17 this section shall apply to amounts paid or incurred after

18 the date of the enactment of this Act.

19 SEC. 305. DEDUCTION ALLOWED FOR CONVENTIONS ON

20 FOREIGN-FLAGGED CRUISE SHIPS.

21 (a) IN GENERAL.—The first sentence of paragraph

22 (2) of section 274(h) of the Internal Revenue Code of

23 1986 (relating to attendance at conventions, etc.) is

24 amended by striking ‘‘business and that—’’ and all that

25 follows and inserting ‘‘business.’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 this section shall apply to cruises beginning after the date

3 of the enactment of this Act.

4 SEC. 306. REAUTHORIZATION OF THE AIRLINE TICKET TAX.

5 (a) IN GENERAL.—Sections 4261(g) and 4271(d) of

6 the Internal Revenue Code of 1986 are each amended by

7 striking ‘‘January 1, 1997’’ and inserting ‘‘January 1,

8 2002’’.

9 (b) TRANSFERS TO AIRPORT AND AIRWAY TRUST

10 FUND.—Section 9502 of such Code is amended—

11 (1) in subsection (b), by striking ‘‘January 1,

12 1997’’ each place it appears and inserting ‘‘January

13 1, 2002’’; and

14 (2) in subsection (f), by striking ‘‘December 31,

15 1996’’ and inserting ‘‘December 31, 2001’’.

16 SEC. 307. SENSE OF CONGRESS RELATING TO AIRLINE AC17 CESSIBILITY TO JAPAN.

18 It is the sense of Congress that the Secretary of the

19 Department of Transportation, in conjunction with the

20 United States Trade Representative, should work to

21 amend the 1952 bilateral agreement involving airline ac22 cessibility to and from Japan. The new agreement should

23 include increased access by airlines based in the United

24 States.
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1 TITLE IV—IMPROVEMENT OF

2 VISA PROGRAMS AND ISSUANCE

3 SEC. 401. VISA WAIVER PROGRAM.

4 (a) ELIMINATION OF JOINT ACTION REQUIRE5 MENT.—Section 217 of the Immigration and Nationality

6 Act (8 U.S.C. 1187) is amended—

7 (1) in subsection (a), by striking ‘‘Attorney

8 General and the Secretary of State, acting jointly’’

9 and inserting ‘‘Attorney General, in consultation

10 with the Secretary of State’’;

11 (2) in subsection (c)(1), by striking ‘‘Attorney

12 General and the Secretary of State acting jointly’’

13 and inserting ‘‘Attorney General, in consultation

14 with the Secretary of State,’’; and

15 (3) in subsection (d), by striking ‘‘Attorney

16 General and the Secretary of State, acting jointly,’’

17 and inserting ‘‘Attorney General, in consultation

18 with the Secretary of State,’’.

19 (b) EXTENSION OF PROGRAM.—Section 217(f) of the

20 Immigration and Nationality Act (8 U.S.C. 1187(f)) is

21 amended by striking ‘‘1996’’ and inserting ‘‘2002.’’.

22 (c) DURATION AND TERMINATION OF DESIGNATION

23 OF PILOT PROGRAM COUNTRIES.—
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1 (1) IN GENERAL.—Section 217(g) of the Immi2 gration and Nationality Act (8 U.S.C. 1187(g)) is

3 amended to read as follows:

4 ‘‘(g) DURATION AND TERMINATION OF DESIGNA5 TION.—

6 ‘‘(1) IN GENERAL.—

7 ‘‘(A) DETERMINATION AND NOTIFICATION

8 OF DISQUALIFICATION RATE.—Upon determina9 tion by the Attorney General that a pilot pro10 gram country’s disqualification rate is 2 percent

11 or more, the Attorney General shall notify the

12 Secretary of State.

13 ‘‘(B) PROBATIONARY STATUS.—If the pro14 gram country’s disqualification rate is greater

15 than 2 percent but less than 3.5 percent, the

16 Attorney General shall place the program coun17 try in probationary status for a period not to

18 exceed 2 full fiscal years following the year in

19 which the determination under subparagraph

20 (A) is made.

21 ‘‘(C) TERMINATION OF DESIGNATION.—

22 Subject to paragraph (3), if the program coun23 try’s disqualification rate is 3.5 percent or

24 more, the Attorney General shall terminate the

25 country’s designation as a pilot program coun-
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1 try effective at the beginning of the second fis2 cal year following the fiscal year in which the

3 determination under subparagraph (A) is made.

4 ‘‘(2) TERMINATION OF PROBATIONARY STA5 TUS.—

6 ‘‘(A) IN GENERAL.—If the Attorney Gen7 eral determines at the end of the probationary

8 period described in paragraph (1)(B) that the

9 program country placed in probationary status

10 under such paragraph has failed to develop a

11 machine-readable passport program as required

12 by section (c)(2)(C), or has a disqualification

13 rate of 2 percent or more, the Attorney General

14 shall terminate the designation of the country

15 as a pilot program country. If the Attorney

16 General determines that the program country

17 has developed a machine-readable passport pro18 gram and has a disqualification rate of less

19 than 2 percent, the Attorney General shall re20 designate the country as a pilot program coun21 try.

22 ‘‘(B) EFFECTIVE DATE.—A termination of

23 the designation of a country under subpara24 graph (A) shall take effect on the first day of

25 the first fiscal year following the fiscal year in
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1 which the determination under such subpara2 graph is made. Until such date, nationals of the

3 country shall remain eligible for a waiver under

4 subsection (a).

5 ‘‘(3) NONAPPLICABILITY OF CERTAIN PROVI6 SIONS.—Paragraph (1)(C) shall not apply unless the

7 total number of nationals of a pilot program country

8 described in paragraph (4)(A) exceeds 100.

9 ‘‘(4) DEFINITION.—For purposes of this sub10 section, the term ‘disqualification rate’ means the

11 percentage which—

12 ‘‘(A) the total number of nationals of the

13 pilot program country who were—

14 ‘‘(i) excluded from admission or with15 drew their application for admission during

16 the most recent fiscal year for which data

17 are available; and

18 ‘‘(ii) admitted as nonimmigrant visi19 tors during such fiscal year and who vio20 lated the terms of such admission; bears to

21 ‘‘(B) the total number of nationals of such

22 country who applied for admission as non23 immigrant visitors during such fiscal year.’’.

24 (2) TRANSITION.—A country designated as a

25 pilot program country with probationary status
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1 under section 217(g) of the Immigration and Na2 tionality Act (as in effect on the day before the date

3 of the enactment of this Act) shall be considered to

4 be designated as a pilot program country on and

5 after such date, subject to placement in probationary

6 status or termination of such designation under such

7 section (as amended by paragraph (1)).

8 (3) CONFORMING AMENDMENT.—Section

9 217(a)(2)(B) of the Immigration and Nationality

10 Act (8 U.S.C. 1187(a)(2)(B)) is amended by strik11 ing ‘‘or is’’ through ‘‘subsection (g).’’ and inserting

12 a period.

13 SEC. 402. INCREASE IN VISA PROCESSING CONSULAR PER14 SONNEL.

15 At consular posts in Seoul, South Korea, Caracus,

16 Venezuela, Brasilia, Rio de Janeiro, and Sao Paulo,

17 Brazil, and at the American Institute in Taiwan in Taipei,

18 the Secretary of State shall increase the number of con19 sular personnel assigned at such locations as of October

20 1, 1997, by 25 percent above the number of consular per21 sonnel as of September 30, 1996, and shall maintain such

22 increase until September 30, 2001. The Secretary of State

23 shall ensure, to the maximum extent practicable, that the
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1 increased consular personnel shall be deployed to expedite

2 the processing of nonimmigrant visa applications.

Æ