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 Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees 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 jurisdic-
tion of the committee concerned
A BILL
To revitalize the tourism industry and to provide airport
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.
This Act may be cited as the ‘‘Tourism Revitalization
and Airport Security Act of 1996’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Tourism is a vital industry to the United
States, providing employment and growth to all
parts of the country.
(2) Tourism promotes a greater appreciation of
our Nation’s natural treasures.
(3) International tourism promotes increased
cultural understanding among people of nations.
(4) The United States is currently at a com-
petitive disadvantage in the international tourism
market.
(5) The Federal Government can play a promi-
nent role in ensuring the future growth of tourism.
TITLE I—ENSURING TRAVELER
SAFETY
SEC. 101. INTERIM DEPLOYMENT OF COMMERCIALLY
AVAILABLE EXPLOSIVE DETECTION EQUIP-
MENT.
Section 44913(a) of title 49, United States Code, is
amended—
(1) by redesignating paragraph (3) as para-
graph (4); and
(2) by inserting after paragraph (2) the follow-
ing new paragraph (3):
‘‘(3) Until such time as the Administrator de-
termines that equipment certified under paragraph
(1) of this subsection is commercially available and
has successfully completed operational testing as
provided in 49 United States Code 44913(a)(1), the
Administrator shall facilitate the deployment of com-
mercially available explosive detection devices that
the Administrator approves and determines will en-
hance aviation security significantly. The Adminis-
trator shall require that equipment deployed under
this paragraph be replaced by equipment certified
under paragraph (1) when equipment certified under
paragraph (1) becomes commercially available.’’.
SEC. 102. AUTHORITY FOR CRIMINAL HISTORY RECORDS
CHECKS.
Section 44936(a)(1) of title 49, United States Code.
is amended—
(1) by striking ‘‘(1)’’ and inserting ‘‘(1)(A)’’;
(2) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively; and
(3) by adding at the end the following:
‘‘(B) The Administrator shall require by regula-
tion that an employment investigation (including a
criminal history record check in cases in which the
employment investigation reveals a gap in employ-
ment of 12 months or more that the individual does
not satisfactorily account for) be conducted for indi-
SEC. 105. PASSENGER PROFILING.
The Federal Aviation Administration, the Secretary
of Transportation, the intelligence community, and the law
enforcement community should continue to assist air car-
riers in developing computer-assisted passenger profiling
programs.
SEC. 106. AUTHORITY TO USE CERTAIN FUNDS FOR AIR-
PORT SECURITY PROGRAMS AND ACTIVITIES.
(a) AUTHORITY TO USE FUNDS.—Notwithstanding
any other provision of law, funds referred to in subsection
(b) may be used to expand and enhance air transportation
security programs and other activities at airports (includ-
ing the improvement of facilities and the purchase and de-
ployment of equipment) to ensure the safety and security
of passengers and other persons involved in air travel.
(b) COVERED FUNDS.—The following funds may be
used under subsection (a):
(1) Project grants made under subchapter 1 of
chapter 471 of title 49, United States Code.
(2) Passenger facility fees collected under sec-
tion 40117 of title 49, United States Code.
SEC. 107. ASSESSMENT OF CARGO.
(a) IN GENERAL.—The Administrator of the Federal
Aviation Administration shall, in consultation with the ap-
propriate Federal agencies, review—
(1) the oversight by the Federal Aviation Ad-
ministration of inspections of shipments of mail and
cargo by domestic and foreign air carriers;
(2) the need for additional security measures
with respect to such inspections; and
(3) the adequacy of inspection and screening of
cargo on passenger air carriers.
(b) LEGISLATIVE PROPOSALS.—The President shall
submit relevant legislative proposals to Congress, as may
be required.
SEC. 108. ASSIGNMENT OF FBI AGENTS TO HIGH-RISK AIR-
PORTS.
Section 44904 of title 49, United States Code, is
amended by adding at the end the following:
‘‘(d) RESPONSIBILITY OF FBI AGENTS TO AREAS OF
HIGH-RISK AIRPORTS.—The Director of the Federal Bu-
reau of Investigation shall assure that agents of the Fed-
eral Bureau of Investigation who are assigned to an area
where there are airports that are determined to be high-
risk airports shall, jointly with the Federal Aviation Ad-
ministration, carry out periodic threat and vulnerability
assessments of security every 3 years, or more frequently,
as necessary, at such airports.’’.
SEC. 109. SUPPLEMENTAL SCREENING.
Section 44903(c) of title 49, United States Code, is
amended by adding at the end of the following new para-
graph:
‘‘(3) USE OF DOGS IN SCREENING.—
‘‘(A) IN GENERAL.—The law enforcement
presence and capability required under para-
graph (1) shall include a requirement that the
operator of each major airport use dogs or
other appropriate animals to supplement exist-
ing equipment used for screening passengers
and cargo for plastic explosives and other de-
vices or materials which may be used in aircraft
piracy. If the Administrator determines that the
requirements of the preceding sentence will not
significantly enhance the safety and security of
passengers and other persons involved in air
travel, the Administrator may modify such re-
quirements as appropriate. At the discretion of
the Administrator, the use of dogs at an airport
may be deemed as compliance with section
449913(a)(3) of this title.
‘‘(B) MAJOR AIRPORT DEFINED.—In this
paragraph, the term ‘major airport’ means an
airport that is one of the largest 50 airports in
the United States, as determined by the num-
ber of passenger enplanements in calendar year
1995.’’.
SEC. 110. SUPPLEMENTAL EXPLOSIVE DETECTION.
Section 44913(b) of title 49, United States Code, is
amended to read as follows:
‘‘(b) SUPPLEMENTAL EXPLOSIVE DETECTION.—
‘‘(1) GRANTS.—The Secretary shall make
grants for expenses of training and evaluation of
dogs for the explosive detection K–9 team training
program for the purpose of detecting explosives at
airports and aboard aircraft. Not later than 180
days after the date of the enactment of the Aviation
Security Improvement Act of 1996, the Secretary
shall extend such program to the largest 50 airports
in the United States, as determined by the number
of passenger enplanements in calendar year 1995.
‘‘(2) FUNDING.—There is authorized to be ap-
propriated from the Trust Fund for carrying out
paragraph (1) such sums as may be necessary for
fiscal years beginning after September 30, 1996.
Such funds shall remain available until expended.’’.
SEC. 111. ENHANCED SECURITY FOR SMALL AIRPLANES
Not later than 60 days after the date of the enact-
ment of this Act, the Administrator shall initiate a rule-
making to revise section 108.5 and 108.7 of 14 C.F.R.
with respect to airplanes having a passenger seating con-
figuration of less than 61 to enhance the safety and secu-
rity of air travel in such airplanes.
SEC. 112. CIVIL AVIATION SECURITY REVIEW COMMISSION.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the Civil Aviation Security Review
Commission (hereinafter in this section referred to as the
‘‘Commission’’).
(b) FUNCTIONS.—The Commission shall conduct a
comprehensive review of aviation security. Matters to be
studied by the Commission shall include the following:
(1) A review of the advisability of transferring
responsibilities of air carriers under Federal law for
security activities conducted on-site at airports to
airport operators or to appropriate entities inde-
pendent of air carriers.
(2) A review of whether baggage match require-
ments should be imposed on air carriers providing
interstate air transportation and how baggage match
can be accomplished to enhance the safety and secu-
rity of domestic air travel.
(3) A review of the cost and advisability of re-
quiring hardened cargo containers as a way to en-
hance aviation security and reduce the required sen-
sitivity of bomb detection equipment.