[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 4312 Introduced in House (IH)]
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.
Be it enacted by the Senate and House of Representatives 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 competitive
disadvantage in the international tourism market.
(5) The Federal Government can play a prominent role in
ensuring the future growth of tourism.
TITLE I--ENSURING TRAVELER SAFETY
SEC. 101. INTERIM DEPLOYMENT OF COMMERCIALLY AVAILABLE EXPLOSIVE
DETECTION EQUIPMENT.
Section 44913(a) of title 49, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Until such time as the Administrator determines 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 commercially available explosive detection devices that the
Administrator approves and determines will enhance aviation
security significantly. The Administrator 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 regulation that an
employment investigation (including a criminal history record
check in cases in which the employment investigation reveals a
gap in employment of 12 months or more that the individual does
not satisfactorily account for) be conducted for individuals
who will be responsible for screening passengers or property
under this chapter and their supervisors.''.
SEC. 103. AUDIT OF PERFORMANCE OF BACKGROUND CHECKS FOR CERTAIN
PERSONNEL.
Section 44936(a) of title 49, United States Code, is amended by
adding at the end the following:
``(3) The Administrator shall provide for the periodic
audit of criminal history record checks conducted under
paragraph (1) of this subsection.''.
SEC. 104. PERFORMANCE STANDARDS FOR AIRPORT SECURITY PERSONNEL.
Section 44935(a) of title 49, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (4); and
(2) by adding at the end the following:
``(6) performance standards for airport and airline
security personnel, including counter personnel; and
``(7) guidelines for encouraging the retention of security
personnel responsible for passengers and cargo.''
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 carriers in developing
computer-assisted passenger profiling programs.
SEC. 106. AUTHORITY TO USE CERTAIN FUNDS FOR AIRPORT 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 (including the improvement of facilities and the purchase and
deployment 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 section 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 appropriate Federal
agencies, review--
(1) the oversight by the Federal Aviation Administration 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 AIRPORTS.
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 Bureau of Investigation shall
assure that agents of the Federal 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
Administration, 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 paragraph:
``(3) Use of dogs in screening.--
``(A) In general.--The law enforcement presence and
capability required under paragraph (1) shall include a
requirement that the operator of each major airport use
dogs or other appropriate animals to supplement
existing equipment used for screening passengers and
cargo for plastic explosives and other devices 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 requirements 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 number 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 appropriated 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 enactment of this Act,
the Administrator shall initiate a rulemaking to revise section 108.5
and 108.7 of 14 C.F.R. with respect to airplanes having a passenger
seating configuration of less than 61 to enhance the safety and
security of air travel in such airplanes.
SEC. 112. CIVIL AVIATION SECURITY REVIEW COMMISSION.
(a) Establishment.--There is established a commission 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 independent of air carriers.
(2) A review of whether baggage match requirements should
be imposed on air carriers providing interstate air
transportation and how baggage match can be accomplished to
enhance the safety and security of domestic air travel.
(3) A review of the cost and advisability of requiring
hardened cargo containers as a way to enhance aviation security
and reduce the required sensitivity of bomb detection
equipment.
(c) Membership.--The Commission shall be composed of 13 members,
appointed from persons knowledgeable about civil aviation in the United
States and who are specifically qualified by training and experience to
perform the duties of the Commission, as follows:
(1) 3 members appointed by the Secretary of Transportation,
in consultation with the Secretary of the Treasury.
(2) 10 members appointed by Congress as follows:
(A) 1 member appointed by each of the chairman and
ranking minority member of the Committee on
Transportation and Infrastructure of the House of
Representatives.
(B) 1 member appointed by each of the chairman and
ranking minority member of the Committee on
Appropriations of the House of Representatives.
(C) 1 member appointed by each of the chairman and
ranking minority member of the Committee on Commerce,
Science, and Transportation of the Senate.
(D) 1 member appointed by each of the chairman and
ranking minority member of the Committee on
Appropriations of the Senate.
(E) 1 member appointed by each of the chairman and
ranking minority member of the Committee on Ways and
Means of the House of Representatives.
(d) Restriction on Appointment of Current Aviation Employees.--A
member appointed under subsection (c)(1) may not be an employee of an
airline, airport, aviation union, or aviation trade association at the
time of appointment or while serving on the Commission.
(e) Timing of Appointments.--The appointing authorities shall make
their appointments to the Commission not later than 30 days after the
date of the enactment of this Act.
(f) Chairman.--In consultation with the Secretary of
Transportation, the Speaker of the House of Representatives and the
majority leader of the Senate shall designate a chairman and vice
chairman from among the members of the Commission not later than 30
days after appointment of the last member to the Commission.
(g) Period of Appointment and Vacancies.--Members shall be
appointed for the life of the Commission, and any vacancy on the
Commission shall not affect its powers but shall be filled in the same
manner, and by the same appointing authority, as the original
appointment.
(h) Quorum.--A majority of the members of the Commission shall
constitute a quorum to conduct business, but the Commission may
establish a lesser number for conducting hearings scheduled by the
Commission.
(i) Powers of the Commission.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, administer such oaths, take
such testimony, and receive such evidence as the Commission
considers advisable to carry out its duties.
(2) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information or documents as the Commission considers necessary
to carry out its duties, unless the head of such department or
agency advises the chairman of the Commission, in writing, that
such information is confidential and that its release to the
Commission would jeopardize aviation safety, the national
security, or pending criminal investigations.
(3) Detail of government employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(4) Travel and per diem.--Members and staff of the
Commission shall be paid travel expenses, including per diem in
lieu of subsistence, when away from his or her usual place of
residence, in accordance with section 5703 of title 5, United
States Code.
(j) Final Report.--Not later than 1 year after the date of the
appointment of the last member to the Commission under subsection (c),
the Commission shall submit to Congress and the Administrator a final
report on the findings of the Commission with corresponding
recommendations. Included with this report shall be the independent
audit required under subsection (j).
(k) Authorization of Appropriations.--There is hereby authorized to
be appropriated $2,400,000 for activities of the Commission to remain
available until expended.
SEC. 113. TEST OF IGRIS SYSTEMS FOR EXPLOSIVE DETECTION.
(a) In General.--The Administrator of the Federal Aviation
Administration shall conduct a test under section 44913(a) of title 49,
United States Code, to assess the performance of inelastic gamma ray
imaging and spectroscopy systems in the detection of explosive
materials.
(b) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal years beginning after September 30, 1996,
$6,000,000 to carry out subsection (a).
SEC. 114. STUDY OF BOMB CONTAINMENT TECHNOLOGIES.
(a) In General.--The Secretary of Transportation shall conduct a
study of the effectiveness of bomb blast containment technologies in
aircraft luggage and cargo holds.
(b) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal years beginning after September 30, 1996,
$20,000,000 to carry out subsection (a).
SEC. 115. SENSE OF CONGRESS CONCERNING BAG MATCH SYSTEMS.
It is the sense of Congress that, although airport security is a
top priority, thorough studies of the bag match system of security for
flights in air transportation need to be conducted before
implementation of the system on any widespread basis. Such studies
should include an assessment of the need for the system, the
effectiveness of the system, the projected impact of the system on air
passenger volume, the projected impact of the system on the number of
delays in aircraft arrivals and departures, and the projected impact of
the system on the number of ticketed air passengers who miss flights.
TITLE II--TOURISM PROMOTION
SEC. 201. NATIONAL TOURISM BOARD.
(a) Establishment.--There is established the National Tourism Board
to--
(1) utilize a private-public partnership for travel and
tourism policymaking;
(2) develop a national travel and tourism strategy for
increasing travel and tourism to and within the United States;
(3) advise the President, the Congress, and the travel and
tourism industry on the implementation of such national
strategy and on other matters affecting travel and tourism; and
(4) provide guidance to the National Tourism Organization
established under section 202.
(b) Composition.--The Board shall consist of 36 members appointed
by the President as follows--
(1) 27 members shall be appointed from individuals who
represent all the ranges of the travel and tourism industry;
(2) 6 members shall be appointed from State, regional, and
Federal agencies related to travel and tourism;
(3) 1 member shall be appointed from the Senate and 1
member shall be appointed from the House of Representatives;
and
(4) a chairman shall be appointed by and with the advice of
the Senate.
In making appointments to the Board, the President shall take into
account recommendations made by organizations representing the travel
and tourism industry. The chairman shall be accountable to the
President and the Congress for the operations of the Board.
(c) Terms.--The members and chairman of the Board shall be
appointed for terms of 3 years, except that of the members first
appointed--
(1) 12 members shall be appointed for a term of 1 year;
(2) 12 members shall be appointed for a term of 2 years;
and
(3) 11 members and the chairman shall be appointed for a
term of 3 years,
as determined by the President as of the date of the first
appointments. A member may be reappointed to serve on the Board.
(d) Authority.--
(1) Non-federal status.--The Board is not a Federal agency
and is not subject to any Federal law, including the Federal
Advisory Commission Act and personnel and budget laws.
(2) Executive director.--The chairman of the Board may
appoint an executive director and establish the compensation
and the duties of the executive director.
(3) Meetings.--The Board shall meet at least semi-annually.
The meetings shall be open to the public and appropriate notice
shall be given for the meeting dates.
(4) Compensation and expenses.--The chairman and members of
the Board shall serve without compensation but may be
compensated for expenses incurred in carrying out the duties of
the Board.
(5) Testimony, reports, and support.--The Board may present
testimony to the Congress and to legislatures of the States and
issue reports on its findings and recommendations.
(6) Contributions.--The Board may accept financial
contributions from the private sector to cover the expenses of
the Board.
SEC. 202. NATIONAL TOURISM ORGANIZATION.
(a) Establishment.--There is established with a Federal charter the
National Tourism Organization. The Organization shall be a not-for-
profit organization. The Organization is not a Federal agency and shall
not be subject to any Federal law.
(b) Duties.--The Organization shall--
(1) seek to, and work for, an increase in the share of the
United States in the global tourism market;
(2) implement the national travel and tourism strategy
developed by the National Tourism Board under section
201(a)(2);
(3) operate travel and tourism promotion programs outside
the United States in partnership with the travel and tourism
industry in the United States;
(4) conduct market research necessary for effective
promotion of the travel and tourism market;
(5) establish a Travel-Tourism Data Bank, collect
international market data for the Bank, and disseminate such
data to the travel and tourism industry in the United States;
and
(6) promote United States travel and tourism at
international trade shows.
(c) Board of Directors.--The Organization shall be governed by a
Board of Directors (hereinafter in this section ``Board''), which shall
have 45 members. The Board shall be accountable to the National Tourism
Board for the operations of the Organization. The President shall
appoint the initial members of the Board, taking into account
recommendations made by organizations representing the travel and
tourism industry so that all the ranges of the travel and tourism
industry are represented on the Board. By majority vote, members of the
Board shall select one member to be chairman and shall adopt bylaws,
policies, and procedures to govern the duties of the chairman, the term
of service of members of the Board, the functioning of the Board, and
the operations of the Organization. The Board shall appoint new members
to fill any vacancy on the Board.
(d) Staff.--The Board shall appoint a president of the Organization
and such other staff as the Board determines is necessary. The Board
shall establish the duties of the staff and set the compensation of the
staff. The president of the Organization shall serve as a member of the
Trade Promotion Coordinating Committee.
(e) Funding.--The Organization may accept financial contributions.
Within one year of the date of the enactment of this Act, the Board
shall develop a plan for long-term financing and, if necessary, make
recommendations to the Congress and the President for legislation.
SEC. 203. UNITED STATES GOVERNMENT COOPERATION.
(a) Secretary of State.--The Secretary of State shall--
(1) place a priority on implementing recommendations by the
National Tourism Board; and
(2) cooperate with the National Tourism Organization in
carrying out its duties.
(b) Director of the United States Information Agency.--The Director
of the United States Information Agency shall--
(1) place a priority on implementing recommendations by the
National Tourism Board; and
(2) cooperate with the National Tourism Organization in
carrying out its duties.
SEC. 204. TRANSITION FROM THE UNITED STATES TRAVEL AND TOURISM
ADMINISTRATION.
(a) Staff.--The President may transfer up to 25 members of the
staff of the United States Travel and Tourism Administration
established under section 301 of the International Travel Act of 1961
(22 U.S.C. 2124) to the Foreign Service or the Commercial Service for 2
years. Such staff members shall assist the Organization in its start-up
activities.
(b) Files and Other Resources.--The files and other nonfinancial
resources of the United States Travel and Tourism Administration are
transferred to the United States Foreign and Commercial Service.
SEC. 205. TRADE PROMOTION COORDINATING COMMITTEE.
Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727)
is amended--
(1) in subsection (c) by adding at the end thereof:
``(6) reflect recommendations by the National Tourism
Board.''; and
(2) in paragraph (d)(1) by striking ``and'' in ``(L)'', by
redesignating ``(M)'' as ``(N)'', and by inserting the
following:
``(M) the President of the National Tourism
Organization; and''.
SEC. 206. DEFINITIONS.
For purposes of this title, the term ``Organization'' means the
National Tourism Organization established under section 202.
TITLE III--FACILITATING TRAVEL
SEC. 301. GENERAL REVENUE PORTION OF MOTOR FUEL EXCISE TAX REVENUES TO
BE DEPOSITED INTO APPROPRIATE TRUST FUND.
(a) Increased Highway Trust Fund Deposits.--
(1) Paragraph (4) of section 9503(b) of the Internal
Revenue Code of 1986 (relating to certain additional taxes not
transferred to Highway Trust Fund) is amended to read as
follows:
``(4) Certain taxes not transferred to highway trust
fund.--For purposes of paragraphs (1) and (2), there shall not
be taken into account the taxes imposed by--
``(A) section 4041(d),
``(B) section 4081 to the extent attributable to
the rate specified in section 4081(a)(2)(B), or
``(C) section 4041 or 4081 to the extent
attributable to fuel used in a train.''
(2) Subparagraph (B) of section 40(e)(1) of such Code is
amended by striking ``during which the Highway Trust Fund
financing rate under section 4081(a)(2) is not in effect'' and
inserting ``during which the rates of tax specified in section
4081(a)(2)(A) are not in effect''.
(3) The last sentence of subparagraph (A) of section
9503(c)(2) of such Code is amended by striking ``by taking into
account only the Highway Trust Fund financing rate applicable
to any fuel'' and inserting ``by taking into account only the
portion of the taxes which are deposited into the Highway Trust
Fund''.
(4) Section 9503 of such Code is amended by striking
subsection (f).
(b) Increased Airport and Airway Trust Fund Deposits.--
(1) Subsection (b) of section 9502 of such Code is
amended--
(A) by striking ``(to the extent of 15 cents per
gallon)'' in paragraph (2), and
(B) by striking ``(to the extent attributable to
the Airport and Airway Trust Fund financing rate)'' in
paragraph (3) and inserting ``(other than to the extent
attributable to the Leaking Underground Storage Tank
Trust Fund financing rate)''.
(2) Section 9502 of such Code is amended by striking
subsection (f).
(c) Increased Inland Waterways Trust Fund Deposits.--Paragraph (2)
of section 4042(b) of such Code is amended by striking subparagraph (C)
and by striking subparagraph (A) and inserting the following new
subparagraph:
``(A) The Inland Waterways Trust Fund financing
rate is 24.3 cents per gallon.''
(d) Effective Date.--The amendments made by this section shall
apply to taxes imposed after the date of the enactment of this Act.
SEC. 302. REPEAL OF SCHEDULED INCREASE IN TAX ON FUEL USED IN
COMMERCIAL AVIATION.
(a) In General.--The first sentence of section 4092(b) of the
Internal Revenue Code of 1986 (relating to exemptions) is amended by
striking ``is attributable to--'' and all that follows and inserting
``is attributable to the Leaking Underground Storage Tank Trust Fund
financing rate imposed by such section.''
(b) Conforming Amendments.--
(1) Paragraph (4) of section 6427(l) of such Code is
amended by striking ``is attributable to--'' and all that
follows and inserting ``is attributable to the Leaking
Underground Storage Tank Trust Fund financing rate imposed by
such section.''
(2) Section 13245 of the Omnibus Budget Reconciliation Act
of 1993 is hereby repealed.
(c) Effective Date.--The amendments made by this section shall take
effect on September 30, 1995.
SEC. 303. RESTORATION OF DEDUCTION FOR BUSINESS MEALS AND ENTERTAINMENT
AND FOR TRAVEL EXPENSES OF SPOUSES AND OTHERS
ACCOMPANYING THE TAXPAYER ON BUSINESS.
(a) Restoration of Deduction for Business Meals and
Entertainment.--
(1) General rule.--Paragraph (1) of section 274(n) of the
Internal Revenue Code of 1986 (relating to only 50 percent of
meal and entertainment expenses allowed as deduction) is
amended by striking ``50 percent'' and inserting ``100
percent''.
(2) Conforming amendment.--The subsection heading for
section 274(n) of such Code is amended by striking ``50'' and
inserting ``100''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 1995.
(b) Repeal of Special Limitation on Deduction for Travel Expenses
of Spouses, Etc.--
(1) In general.--Subsection (m) of section 274 of such Code
is amended by striking paragraph (3).
(2) Effective date.--The amendment made by this subsection
shall apply to amounts paid or incurred after December 31,
1995.
SEC. 304. DEDUCTION FOR PROMOTION OF TOURISM IN THE UNITED STATES.
(a) In General.--Section 162 of the Internal Revenue Code of 1986
(relating to trade or business expenses) is amended by redesignating
subsection (o) as subsection (p) and by inserting after subsection (n)
the following new subsection:
``(o) Expenses Promoting Tourism in the United States.--In the case
of a taxpayer engaged in a trade or business, there shall be allowed as
a deduction under this section any amount paid or incurred to promote
tourism to the United States by individuals who are not residents of
the United States. The preceding sentence shall apply only to amounts
which are not otherwise allowable as a deduction under this chapter.''
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred after the date of the enactment of this
Act.
SEC. 305. DEDUCTION ALLOWED FOR CONVENTIONS ON FOREIGN-FLAGGED CRUISE
SHIPS.
(a) In General.--The first sentence of paragraph (2) of section
274(h) of the Internal Revenue Code of 1986 (relating to attendance at
conventions, etc.) is amended by striking ``business and that--'' and
all that follows and inserting ``business.''.
(b) Effective Date.--The amendment made by this section shall apply
to cruises beginning after the date of the enactment of this Act.
SEC. 306. REAUTHORIZATION OF THE AIRLINE TICKET TAX.
(a) In General.--Sections 4261(g) and 4271(d) of the Internal
Revenue Code of 1986 are each amended by striking ``January 1, 1997''
and inserting ``January 1, 2002''.
(b) Transfers to Airport and Airway Trust Fund.--Section 9502 of
such Code is amended--
(1) in subsection (b), by striking ``January 1, 1997'' each
place it appears and inserting ``January 1, 2002''; and
(2) in subsection (f), by striking ``December 31, 1996''
and inserting ``December 31, 2001''.
SEC. 307. SENSE OF CONGRESS RELATING TO AIRLINE ACCESSIBILITY TO JAPAN.
It is the sense of Congress that the Secretary of the Department of
Transportation, in conjunction with the United States Trade
Representative, should work to amend the 1952 bilateral agreement
involving airline accessibility to and from Japan. The new agreement
should include increased access by airlines based in the United States.
TITLE IV--IMPROVEMENT OF VISA PROGRAMS AND ISSUANCE
SEC. 401. VISA WAIVER PROGRAM.
(a) Elimination of Joint Action Requirement.--Section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187) is amended--
(1) in subsection (a), by striking ``Attorney General and
the Secretary of State, acting jointly'' and inserting
``Attorney General, in consultation with the Secretary of
State'';
(2) in subsection (c)(1), by striking ``Attorney General
and the Secretary of State acting jointly'' and inserting
``Attorney General, in consultation with the Secretary of
State,''; and
(3) in subsection (d), by striking ``Attorney General and
the Secretary of State, acting jointly,'' and inserting
``Attorney General, in consultation with the Secretary of
State,''.
(b) Extension of Program.--Section 217(f) of the Immigration and
Nationality Act (8 U.S.C. 1187(f)) is amended by striking ``1996'' and
inserting ``2002.''.
(c) Duration and Termination of Designation of Pilot Program
Countries.--
(1) In general.--Section 217(g) of the Immigration and
Nationality Act (8 U.S.C. 1187(g)) is amended to read as
follows:
``(g) Duration and Termination of Designation.--
``(1) In general.--
``(A) Determination and notification of
disqualification rate.--Upon determination by the
Attorney General that a pilot program country's
disqualification rate is 2 percent or more, the
Attorney General shall notify the Secretary of State.
``(B) Probationary status.--If the program
country's disqualification rate is greater than 2
percent but less than 3.5 percent, the Attorney General
shall place the program country in probationary status
for a period not to exceed 2 full fiscal years
following the year in which the determination under
subparagraph (A) is made.
``(C) Termination of designation.--Subject to
paragraph (3), if the program country's
disqualification rate is 3.5 percent or more, the
Attorney General shall terminate the country's
designation as a pilot program country effective at the
beginning of the second fiscal year following the
fiscal year in which the determination under
subparagraph (A) is made.
``(2) Termination of probationary status.--
``(A) In general.--If the Attorney General
determines at the end of the probationary period
described in paragraph (1)(B) that the program country
placed in probationary status under such paragraph has
failed to develop a machine-readable passport program
as required by section (c)(2)(C), or has a
disqualification rate of 2 percent or more, the
Attorney General shall terminate the designation of the
country as a pilot program country. If the Attorney
General determines that the program country has
developed a machine-readable passport program and has a
disqualification rate of less than 2 percent, the
Attorney General shall redesignate the country as a
pilot program country.
``(B) Effective date.--A termination of the
designation of a country under subparagraph (A) shall
take effect on the first day of the first fiscal year
following the fiscal year in which the determination
under such subparagraph is made. Until such date,
nationals of the country shall remain eligible for a
waiver under subsection (a).
``(3) Nonapplicability of certain provisions.--Paragraph
(1)(C) shall not apply unless the total number of nationals of
a pilot program country described in paragraph (4)(A) exceeds
100.
``(4) Definition.--For purposes of this subsection, the
term `disqualification rate' means the percentage which--
``(A) the total number of nationals of the pilot
program country who were--
``(i) excluded from admission or withdrew
their application for admission during the most
recent fiscal year for which data are
available; and
``(ii) admitted as nonimmigrant visitors
during such fiscal year and who violated the
terms of such admission; bears to
``(B) the total number of nationals of such country
who applied for admission as nonimmigrant visitors
during such fiscal year.''.
(2) Transition.--A country designated as a pilot program
country with probationary status under section 217(g) of the
Immigration and Nationality Act (as in effect on the day before
the date of the enactment of this Act) shall be considered to
be designated as a pilot program country on and after such
date, subject to placement in probationary status or
termination of such designation under such section (as amended
by paragraph (1)).
(3) Conforming amendment.--Section 217(a)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1187(a)(2)(B)) is
amended by striking ``or is'' through ``subsection (g).'' and
inserting a period.
SEC. 402. INCREASE IN VISA PROCESSING CONSULAR PERSONNEL.
At consular posts in Seoul, South Korea, Caracus, Venezuela,
Brasilia, Rio de Janeiro, and Sao Paulo, Brazil, and at the American
Institute in Taiwan in Taipei, the Secretary of State shall increase
the number of consular personnel assigned at such locations as of
October 1, 1997, by 25 percent above the number of consular personnel
as of September 30, 1996, and shall maintain such increase until
September 30, 2001. The Secretary of State shall ensure, to the maximum
extent practicable, that the increased consular personnel shall be
deployed to expedite the processing of nonimmigrant visa applications.
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