[106th Congress Public Law 396]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ396.106]
[[Page 114 STAT. 1637]]
Public Law 106-396
106th Congress
An Act
To amend the Immigration and Nationality Act to make improvements to,
and permanently authorize, the visa waiver pilot program under section
217 of such Act. <<NOTE: Oct. 30, 2000 - [H.R. 3767]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Visa Waiver
Permanent Program Act.>>
SECTION 1. SHORT TITLE. <<NOTE: 8 USC 1101 note.>>
This Act may be cited as the ``Visa Waiver Permanent Program Act''.
TITLE I--PERMANENT PROGRAM AUTHORIZATION
SEC. 101. ELIMINATION OF PILOT PROGRAM STATUS.
(a) In General.--Section 217 of the Immigration and Nationality Act
(8 U.S.C. 1187) is amended--
(1) in the section heading, by striking ``pilot'';
(2) in subsection (a)--
(A) in the subsection heading, by striking
``Pilot'';
(B) in the matter preceding paragraph (1), by
striking ``pilot'' both places it appears;
(C) in paragraph (1), by striking ``pilot program
period (as defined in subsection (e))'' and inserting
``program''; and
(D) in paragraph (2), in the paragraph heading, by
striking ``pilot'';
(3) in subsection (b), in the matter preceding paragraph
(1), by striking ``pilot'';
(4) in subsection (c)--
(A) in the subsection heading, by striking
``Pilot'';
(B) in paragraph (1), by striking ``pilot'';
(C) in paragraph (2)--
(i) by striking ``subsection (g)'' and
inserting ``subsection (f)''; and
(ii) by striking ``pilot''; and
(D) in paragraph (3)--
(i) in the matter preceding subparagraph (A),
by striking ``(within the pilot program period)'';
(ii) in subparagraph (A), in the matter
preceding clause (i), by striking ``pilot'' both
places it appears; and
(iii) in subparagraph (B), by striking
``pilot'';
[[Page 114 STAT. 1638]]
(5) in subsection (e)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``pilot''; and
(B) in subparagraph (B), by striking ``pilot'';
(6) by striking subsection (f) and redesignating subsection
(g) as subsection (f); and
(7) in subsection (f) (as so redesignated)--
(A) in paragraph (1)(A) by striking ``pilot'';
(B) in paragraph (1)(C), by striking ``pilot'';
(C) in paragraph (2)(A), by striking ``pilot'' both
places it appears;
(D) in paragraph (3), by striking ``pilot''; and
(E) in paragraph (4)(A), by striking ``pilot''.
(b) Conforming Amendments.--
(1) Documentation requirements.--Clause (iv) of section
212(a)(7)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(7)(B)(iv)) is amended--
(A) in the clause heading, by striking ``pilot'';
and
(B) by striking ``pilot''.
(2) Table of contents.--The table of contents for the
Immigration and Nationality Act is amended, in the item relating
to section 217, by striking ``pilot''.
TITLE II--PROGRAM IMPROVEMENTS
SEC. 201. EXTENSION OF RECIPROCAL PRIVILEGES.
Section 217(a)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1187(a)(2)(A)) is amended by inserting ``, either on its own or
in conjunction with one or more other countries that are described in
subparagraph (B) and that have established with it a common area for
immigration admissions,'' after ``to extend)''.
SEC. 202. MACHINE READABLE PASSPORT PROGRAM.
(a) Requirement on Alien.--Section 217(a) of the Immigration and
Nationality Act (8 U.S.C. 1187(a)) is amended--
(1) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Machine readable passport.--On and after October 1,
2007, the alien at the time of application for admission is in
possession of a valid unexpired machine-readable passport that
satisfies the internationally accepted standard for machine
readability.''.
(b) Requirement on Country.--Section 217(c)(2)(B) of the Immigration
and Nationality Act (8 U.S.C. 1187(c)(2)(B)) is amended to read as
follows:
``(B) Machine readable passport program.--
``(i) In general.--Subject to clause (ii), the
government of the country certifies that it issues
to its citizens machine-readable passports that
satisfy the internationally accepted standard for
machine readability.
``(ii) Deadline for compliance for certain
countries.--In the case of a country designated as
a program country under this subsection prior to
May 1, 2000, as a condition on the continuation of
that designation, the country--
[[Page 114 STAT. 1639]]
``(I) shall certify, not later than
October 1, 2000, that it has a program
to issue machine-readable passports to
its citizens not later than October 1,
2003; and
``(II) shall satisfy the requirement
of clause (i) not later than October 1,
2003.''.
SEC. 203. DENIAL OF PROGRAM WAIVER BASED ON GROUND OF INADMISSIBILITY.
(a) In General.--Section 217(a) of the Immigration and Nationality
Act (8 U.S.C. 1187(a)), as amended by section 202, is further amended by
adding at the end the following:
``(9) Automated system check.--The identity of the alien has
been checked using an automated electronic database containing
information about the inadmissibility of aliens to uncover any
grounds on which the alien may be inadmissible to the United
States, and no such ground has been found.''.
(b) Visa Application Sole Method To Dispute Denials of Waiver Based
on Ground of Inadmissibility.--Section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187), as amended by section 101(a)(6) of this
Act, is further amended by adding at the end the following:
``(g) Visa Application Sole Method To Dispute Denial of Waiver Based
on a Ground of Inadmissibility.--In the case of an alien denied a waiver
under the program by reason of a ground of inadmissibility described in
section 212(a) that is discovered at the time of the alien's application
for the waiver or through the use of an automated electronic database
required under subsection (a)(9), the alien may apply for a visa at an
appropriate consular office outside the United States. There shall be no
other means of administrative or judicial review of such a denial, and
no court or person otherwise shall have jurisdiction to consider any
claim attacking the validity of such a denial.''.
SEC. 204. EVALUATION OF EFFECT OF COUNTRY'S PARTICIPATION ON LAW
ENFORCEMENT AND SECURITY.
(a) Initial Designation.--Section 217(c)(2)(C) of the Immigration
and Nationality Act (8 U.S.C. 1187(c)(2)(C)) is amended to read as
follows:
``(C) Law enforcement and security interests.--The
Attorney General, in consultation with the Secretary of
State--
``(i) evaluates the effect that the country's
designation would have on the law enforcement and
security interests of the United States (including
the interest in enforcement of the immigration
laws of the United States and the existence and
effectiveness of its agreements and procedures for
extraditing to the United States individuals,
including its own nationals, who commit crimes
that violate United States law);
``(ii) determines that such interests would
not be compromised by the designation of the
country; and
``(iii) <<NOTE: Reports.>> submits a written
report to the Committee on the Judiciary and the
Committee on International Relations of the House
of Representatives and the Committee on the
Judiciary and the Committee on Foreign
[[Page 114 STAT. 1640]]
Relations of the Senate regarding the country's
qualification for designation that includes an
explanation of such determination.''.
(b) Continuation of Designation.--Section 217(c) of the Immigration
and Nationality Act (8 U.S.C. 1187(c)) is amended by adding at the end
the following:
``(5) Written reports on continuing qualification;
designation terminations.--
``(A) Periodic evaluations.--
``(i) In general.--The Attorney General, in
consultation with the Secretary of State,
periodically (but not less than once every 5
years)--
``(I) shall evaluate the effect of
each program country's continued
designation on the law enforcement and
security interests of the United States
(including the interest in enforcement
of the immigration laws of the United
States and the existence and
effectiveness of its agreements and
procedures for extraditing to the United
States individuals, including its own
nationals, who commit crimes that
violate United States law);
``(II) shall determine, based upon
the evaluation in subclause (I), whether
any such designation ought to be
continued or terminated under subsection
(d); and
``(III) shall submit a written
report to the Committee on the Judiciary
and the Committee on International
Relations of the House of
Representatives and the Committee on the
Judiciary and the Committee on Foreign
Relations of the Senate regarding the
continuation or termination of the
country's designation that includes an
explanation of such determination and
the effects described in subclause (I).
``(ii) Effective date.--A termination of the
designation of a country under this subparagraph
shall take effect on the date determined by the
Attorney General, in consultation with the
Secretary of State.
``(iii) Redesignation.--In the case of a
termination under this subparagraph, the Attorney
General shall redesignate the country as a program
country, without regard to subsection (f) or
paragraph (2) or (3), when the Attorney General,
in consultation with the Secretary of State,
determines that all causes of the termination have
been eliminated.
``(B) Emergency termination.--
``(i) In general.--In the case of a program
country in which an emergency occurs that the
Attorney General, in consultation with the
Secretary of State, determines threatens the law
enforcement or security interests of the United
States (including the interest in enforcement of
the immigration laws of the United States), the
Attorney General shall immediately terminate the
designation of the country as a program country.
``(ii) Definition.--For purposes of clause
(i), the term `emergency' means--
[[Page 114 STAT. 1641]]
``(I) the overthrow of a
democratically elected government;
``(II) war (including undeclared
war, civil war, or other military
activity) on the territory of the
program country;
``(III) a severe breakdown in law
and order affecting a significant
portion of the program country's
territory;
``(IV) a severe economic collapse in
the program country; or
``(V) any other extraordinary event
in the program country that threatens
the law enforcement or security
interests of the United States
(including the interest in enforcement
of the immigration laws of the United
States) and where the country's
participation in the program could
contribute to that threat.
``(iii) Redesignation.--The Attorney General
may redesignate the country as a program country,
without regard to subsection (f) or paragraph (2)
or (3), when the Attorney General, in consultation
with the Secretary of State, determines that--
``(I) at least 6 months have elapsed
since the effective date of the
termination;
``(II) the emergency that caused the
termination has ended; and
``(III) the average number of
refusals of nonimmigrant visitor visas
for nationals of that country during the
period of termination under this
subparagraph was less than 3.0 percent
of the total number of nonimmigrant
visitor visas for nationals of that
country which were granted or refused
during such period.
``(C) Treatment of nationals after termination.--For
purposes of this paragraph--
``(i) nationals of a country whose designation
is terminated under subparagraph (A) or (B) shall
remain eligible for a waiver under subsection (a)
until the effective date of such termination; and
``(ii) a waiver under this section that is
provided to such a national for a period described
in subsection (a)(1) shall not, by such
termination, be deemed to have been rescinded or
otherwise rendered invalid, if the waiver is
granted prior to such termination.''.
SEC. 205. USE OF INFORMATION TECHNOLOGY SYSTEMS.
(a) In General.--Section 217 of the Immigration and Nationality Act
(8 U.S.C. 1187), as amended by section 203(b), is further amended by
adding at the end the following:
``(h) Use of Information Technology Systems.--
``(1) Automated entry-exit control system.--
``(A) <<NOTE: Deadline.>> System.--Not later than
October 1, 2001, the Attorney General shall develop and
implement a fully automated entry and exit control
system that will collect a record of arrival and
departure for every alien who arrives and departs by sea
or air at a port of entry into the United States and is
provided a waiver under the program.
[[Page 114 STAT. 1642]]
``(B) <<NOTE: Deadlines.>> Requirements.--The
system under subparagraph (A) shall satisfy the
following requirements:
``(i) Data collection by carriers.--Not later
than October 1, 2001, the records of arrival and
departure described in subparagraph (A) shall be
based, to the maximum extent practicable, on
passenger data collected and electronically
transmitted to the automated entry and exit
control system by each carrier that has an
agreement under subsection (a)(4).
``(ii) Data provision by carriers.--Not later
than October 1, 2002, no waiver may be provided
under this section to an alien arriving by sea or
air at a port of entry into the United States on a
carrier unless the carrier is electronically
transmitting to the automated entry and exit
control system passenger data determined by the
Attorney General to be sufficient to permit the
Attorney General to carry out this paragraph.
``(iii) Calculation.--The system shall contain
sufficient data to permit the Attorney General to
calculate, for each program country and each
fiscal year, the portion of nationals of that
country who are described in subparagraph (A) and
for whom no record of departure exists, expressed
as a percentage of the total number of such
nationals who are so described.
``(C) Reporting.--
``(i) Percentage of nationals lacking
departure record.--As part of the annual report
required to be submitted under section 110(e)(1)
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, the Attorney General
shall include a section containing the calculation
described in subparagraph (B)(iii) for each
program country for the previous fiscal year,
together with an analysis of that information.
``(ii) <<NOTE: Deadline.>> System
effectiveness.--Not later than December 31, 2004,
the Attorney General shall submit a written report
to the Committee on the Judiciary of the United
States House of Representatives and of the Senate
containing the following:
``(I) The conclusions of the
Attorney General regarding the
effectiveness of the automated entry and
exit control system to be developed and
implemented under this paragraph.
``(II) The recommendations of the
Attorney General regarding the use of
the calculation described in
subparagraph (B)(iii) as a basis for
evaluating whether to terminate or
continue the designation of a country as
a program country.
The report required by this clause may be combined
with the annual report required to be submitted on
that date under section 110(e)(1) of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996.
``(2) Automated data sharing system.--
``(A) System.--The Attorney General and the
Secretary of State shall develop and implement an
automated data sharing system that will permit them to
share data in
[[Page 114 STAT. 1643]]
electronic form from their respective records systems
regarding the admissibility of aliens who are nationals
of a program country.
``(B) Requirements.--The system under subparagraph
(A) shall satisfy the following requirements:
``(i) Supplying information to immigration
officers conducting inspections at ports of
entry.--Not <<NOTE: Deadline.>> later than
October 1, 2002, the system shall enable
immigration officers conducting inspections at
ports of entry under section 235 to obtain from
the system, with respect to aliens seeking a
waiver under the program--
``(I) any photograph of the alien
that may be contained in the records of
the Department of State or the Service;
and
``(II) information on whether the
alien has ever been determined to be
ineligible to receive a visa or
ineligible to be admitted to the United
States.
``(ii) Supplying photographs of inadmissible
aliens.--The system shall permit the Attorney
General electronically to obtain any photograph
contained in the records of the Secretary of State
pertaining to an alien who is a national of a
program country and has been determined to be
ineligible to receive a visa.
``(iii) Maintaining records on applications
for admission.--The system shall maintain, for a
minimum of 10 years, information about each
application for admission made by an alien seeking
a waiver under the program, including the
following:
``(I) The name or Service
identification number of each
immigration officer conducting the
inspection of the alien at the port of
entry.
``(II) Any information described in
clause (i) that is obtained from the
system by any such officer.
``(III) The results of the
application.''.
(b) Conforming Amendment.--Section 217(e)(1) of the Immigration and
Nationality Act (8 U.S.C. 1187(e)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``, and''; and
(3) by adding at the end the following:
``(D) to collect, provide, and share passenger data
as required under subsection (h)(1)(B).''.
SEC. 206. CONDITIONS FOR VISA REFUSAL ELIGIBILITY.
Section 217(c) of the Immigration and Nationality Act (8 U.S.C.
1187(c)), as amended by section 204(b) of this Act, is further amended
by adding at the end the following:
``(6) Computation of visa refusal rates.--For purposes of
determining the eligibility of a country to be designated as a
program country, the calculation of visa refusal rates shall not
include any visa refusals which incorporate any procedures based
on, or are otherwise based on, race, sex, or disability, unless
otherwise specifically authorized by law or regulation. No court
shall have jurisdiction under this paragraph to review any visa
refusal, the denial of admission to the
[[Page 114 STAT. 1644]]
United States of any alien by the Attorney General, the
Secretary's computation of the visa refusal rate, or the
designation or nondesignation of any country.''.
SEC. 207. VISA WAIVER INFORMATION.
Section 217(c) of the Immigration and Nationality Act (8 U.S.C.
1187(c)), as amended by sections 204(b) and 206 of this Act, is further
amended by adding at the end the following:
``(7) Visa waiver information.--
``(A) In general.--In refusing the application of
nationals of a program country for United States visas,
or the applications of nationals of a country seeking
entry into the visa waiver program, a consular officer
shall not knowingly or intentionally classify the
refusal of the visa under a category that is not
included in the calculation of the visa refusal rate
only so that the percentage of that country's visa
refusals is less than the percentage limitation
applicable to qualification for participation in the
visa waiver program.
``(B) Reporting requirement.--On May 1 of each year,
for each country under consideration for inclusion in
the visa waiver program, the Secretary of State shall
provide to the appropriate congressional committees--
``(i) the total number of nationals of that
country that applied for United States visas in
that country during the previous calendar year;
``(ii) the total number of such nationals who
received United States visas during the previous
calendar year;
``(iii) the total number of such nationals who
were refused United States visas during the
previous calendar year;
``(iv) the total number of such nationals who
were refused United States visas during the
previous calendar year under each provision of
this Act under which the visas were refused; and
``(v) the number of such nationals that were
refused under section 214(b) as a percentage of
the visas that were issued to such nationals.
``(C) Certification.-- <<NOTE: Deadline.>> Not later
than May 1 of each year, the United States chief of
mission, acting or permanent, to each country under
consideration for inclusion in the visa waiver program
shall certify to the appropriate congressional
committees that the information described in
subparagraph (B) is accurate and provide a copy of that
certification to those committees.
``(D) Consideration of countries in the visa waiver
program.--Upon notification to the Attorney General that
a country is under consideration for inclusion in the
visa waiver program, the Secretary of State shall
provide all of the information described in subparagraph
(B) to the Attorney General.
``(E) Definition.--In this paragraph, the term
`appropriate congressional committees' means the
Committee on the Judiciary and the Committee on Foreign
Relations of the Senate and the Committee on the
Judiciary and
[[Page 114 STAT. 1645]]
the Committee on International Relations of the House of
Representatives.''.
TITLE III <<NOTE: 47 USC 763 note.>> --IMMIGRATION STATUS OF ALIEN
EMPLOYEES OF INTELSAT AFTER PRIVATIZATION
SEC. 301. MAINTENANCE OF NONIMMIGRANT AND SPECIAL IMMIGRANT STATUS
NOTWITHSTANDING INTELSAT PRIVATIZATION.
(a) Officers and Employees.--
(1) After privatization.--In the case of an alien who,
during the 6-month period ending on the day before the date of
privatization, was continuously an officer or employee of
INTELSAT, and pursuant to such position continuously maintained,
during such period, the status of a lawful nonimmigrant
described in section 101(a)(15)(G)(iv) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(G)(iv)), the alien shall
be considered as maintaining such nonimmigrant status on and
after the date of privatization, but only during the period in
which the alien is an officer or employee of INTELSAT or any
successor or separated entity of INTELSAT.
(2) Precursory employment with successor before
privatization completion.--In the case of an alien who commences
service as an officer or employee of a successor or separated
entity of INTELSAT before the date of privatization, but after
the date of the enactment of the ORBIT Act (Public Law 106-180;
114 Stat. 48) and in anticipation of privatization, if the
alien, during the 6-month period ending on the day before such
commencement date, was continuously an officer or employee of
INTELSAT, and pursuant to such position continuously maintained,
during such period, the status of a lawful nonimmigrant
described in section 101(a)(15)(G)(iv) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(G)(iv)), the alien shall
be considered as maintaining such nonimmigrant status on and
after such commencement date, but only during the period in
which the alien is an officer or employee of any successor or
separated entity of INTELSAT.
(b) Immediate Family Members.--
(1) Aliens maintaining status.--
(A) After privatization.--An alien who, on the day
before the date of privatization, was a member of the
immediate family of an alien described in subsection
(a)(1), and had the status of a lawful nonimmigrant
described in section 101(a)(15)(G)(iv) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(G)(iv)) on such day, shall be considered as
maintaining such nonimmigrant status on and after the
date of privatization, but, only during the period in
which the alien described in subsection (a)(1) is an
officer or employee of INTELSAT or any successor or
separated entity of INTELSAT.
(B) After precursory employment.--An alien who, on
the day before a commencement date described in
subsection (a)(2), was a member of the immediate family
of
[[Page 114 STAT. 1646]]
the commencing alien, and had the status of a lawful
nonimmigrant described in section 101(a)(15)(G)(iv) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(G)(iv)) on such day, shall be considered as
maintaining such nonimmigrant status on and after such
commencement date, but only during the period in which
the commencing alien is an officer or employee of any
successor or separated entity of INTELSAT.
(2) Aliens changing status.--In the case of an alien who is
a member of the immediate family of an alien described in
paragraph (1) or (2) of subsection (a), the alien may be granted
and may maintain status as a nonimmigrant described in section
101(a)(15)(G)(iv) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(G)(iv)) on the same terms as an alien
described in subparagraph (A) or (B), respectively, of paragraph
(1).
(c) Special Immigrants.--For purposes of section 101(a)(27)(I) (8
U.S.C. 1101(a)(27)(I)) of the Immigration and Nationality Act, the term
``international organization'' includes INTELSAT or any successor or
separated entity of INTELSAT.
SEC. 302. TREATMENT OF EMPLOYMENT FOR PURPOSES OF OBTAINING IMMIGRANT
STATUS AS A MULTINATIONAL EXECUTIVE OR MANAGER.
(a) In General.--Notwithstanding section 212(e) of the Immigration
and Nationality Act (8 U.S.C. 1182(e)), in the case of an alien
described in subsection (b)--
(1) any services performed by the alien in the United States
as an officer or employee of INTELSAT or any successor or
separated entity of INTELSAT, and in a capacity that is
managerial or executive, shall be considered employment outside
the United States by an employer described in section
203(b)(1)(C) of such Act (8 U.S.C. 1153(b)(1)(C)), if the alien
has the status of a lawful nonimmigrant described in section
101(a)(15)(G)(iv) of such Act (8 U.S.C. 1101(a)(15)(G)(iv))
during such period of service; and
(2) the alien shall be considered as seeking to enter the
United States in order to continue to render services to the
same employer.
(b) Aliens Described.--An alien described in this subsection is an
alien--
(1) whose nonimmigrant status is maintained pursuant to
section 301(a); and
(2) who seeks adjustment of status after the date of
privatization to that of an alien lawfully admitted for
permanent residence under section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) based on section 203(b)(1)(C) of
such Act (8 U.S.C. 1153(b)(1)(C)) during the period in which the
alien is--
(A) an officer or employee of INTELSAT or any
successor or separated entity of INTELSAT; and
(B) rendering services as such an officer or
employee in a capacity that is managerial or executive.
SEC. 303. DEFINITIONS.
For purposes of this title--
[[Page 114 STAT. 1647]]
(1) the terms ``INTELSAT'', ``separated entity'', and
``successor entity'' shall have the meaning given such terms in
the ORBIT Act (Public Law 106-180; 114 Stat. 48);
(2) the term ``date of privatization'' means the date on
which all or substantially all of the then existing assets of
INTELSAT are legally transferred to one or more stock
corporations or other similar commercial entities; and
(3) all other terms shall have the meaning given such terms
in section 101(a) of the Immigration and Nationality Act (8
U.S.C. 1101(a)).
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. AMENDMENT TO SECTION 214 OF THE IMMIGRATION AND NATIONALITY
ACT.
Section 214(c) of the Immigration and Nationality Act (8 U.S.C.
1184(c)) is amended by adding the following new paragraph:
``(10) An amended H-1B petition shall not be required where
the petitioning employer is involved in a corporate
restructuring, including but not limited to a merger,
acquisition, or consolidation, where a new corporate entity
succeeds to the interests and obligations of the original
petitioning employer and where the terms and conditions of
employment remain the same but for the identity of the
petitioner.''.
SEC. 402. THE IMMIGRANT INVESTOR PILOT PROGRAM.
(a) Extension of Program.--Section 610(b) of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended by striking
``seven years'' and inserting ``ten years''.
(b) Determinations of Job Creation.--Section 610(c) of such Act is
amended by inserting ``, improved regional productivity, job creation,
or increased domestic capital investment'' after ``increased exports''.
SEC. 403. PARTICIPATION OF BUSINESS AIRCRAFT IN THE VISA WAIVER PROGRAM.
(a) Entry of Business Aircraft.--Section 217(a)(5) of the
Immigration and Nationality Act <<NOTE: 8 USC 1187.>> (as redesignated
by this Act) is amended by striking all after ``carrier'' and inserting
the following: ``, including any carrier conducting operations under
part 135 of title 14, Code of Federal Regulations, or a noncommercial
aircraft that is owned or operated by a domestic corporation conducting
operations under part 91 of title 14, Code of Federal Regulations which
has entered into an agreement with the Attorney General pursuant to
subsection (e). The Attorney General is authorized to require a carrier
conducting operations under part 135 of title 14, Code of Federal
Regulations, or a domestic corporation conducting operations under part
91 of that title, to give suitable and proper bond, in such reasonable
amount and containing such conditions as the Attorney General may deem
sufficient to ensure compliance with the indemnification requirements of
this section, as a term of such an agreement.''.
(b) Round-Trip Ticket.--Section 217(a)(8) of the Immigration and
Nationality Act (as redesignated by this Act) is amended by
[[Page 114 STAT. 1648]]
inserting ``or the alien is arriving at the port of entry on an aircraft
operated under part 135 of title 14, Code of Federal Regulations, or a
noncommercial aircraft that is owned or operated by a domestic
corporation conducting operations under part 91 of title 14, Code of
Federal Regulations'' after ``regulations''.
(c) Automated System Check.--Section 217(a) (8 U.S.C. 1187(a)) of
the Immigration and Nationality Act is amended by adding at the end the
following: ``Operators of aircraft under part 135 of title 14, Code of
Federal Regulations, or operators of noncommercial aircraft that are
owned or operated by a domestic corporation conducting operations under
part 91 of title 14, Code of Federal Regulations, carrying any alien
passenger who will apply for admission under this section shall furnish
such information as the Attorney General by regulation shall prescribe
as necessary for the identification of any alien passenger being
transported and for the enforcement of the immigration laws. Such
information shall be electronically transmitted not less than one hour
prior to arrival at the port of entry for purposes of checking for
inadmissibility using the automated electronic database.''.
(d) Carrier Agreement Requirements To Include Business Aircraft.--
(1) In general.--Section 217(e) (8 U.S.C. 1187(e)) of the
Immigration and Nationality Act is amended--
(A) by striking ``carrier'' each place it appears
and inserting ``carrier (including any carrier
conducting operations under part 135 of title 14, Code
of Federal Regulations) or a domestic corporation
conducting operations under part 91 of that title''; and
(B) in paragraph (2), by striking ``carrier's
failure'' and inserting ``failure by a carrier
(including any carrier conducting operations under part
135 of title 14, Code of Federal Regulations) or a
domestic corporation conducting operations under part 91
of that title''.
(2) Business aircraft requirements.--Section 217(e) (8
U.S.C. 1187(e)) of the Immigration and Nationality Act is
amended by adding at the end the following new paragraph:
``(3) Business aircraft requirements.--
``(A) In general.--For purposes of this section, a
domestic corporation conducting operations under part 91
of title 14, Code of Federal Regulations that owns or
operates a noncommercial aircraft is a corporation that
is organized under the laws of any of the States of the
United States or the District of Columbia and is
accredited by or a member of a national organization
that sets business aviation
standards. <<NOTE: Regulations.>> The Attorney General
shall prescribe by regulation the provision of such
information as the Attorney General deems necessary to
identify the domestic corporation, its officers,
employees, shareholders, its place of business, and its
business activities.
``(B) Collections.--In addition to any other fee
authorized by law, the Attorney General is authorized to
charge and collect, on a periodic basis, an amount from
each domestic corporation conducting operations under
part 91 of title 14, Code of Federal Regulations, for
nonimmigrant visa waiver admissions on noncommercial
aircraft owned or operated by such domestic corporation
equal
[[Page 114 STAT. 1649]]
to the total amount of fees assessed for issuance of
nonimmigrant visa waiver arrival/departure forms at land
border ports of entry. All fees collected under this
paragraph shall be deposited into the Immigration User
Fee Account established under section 286(h).''.
(e) <<NOTE: Deadline. 8 USC 1187 note.>> Report Required.--Not
later than two years after the date of the enactment of this Act, the
Attorney General shall submit a report to the Committees on the
Judiciary of the House of Representatives and the Senate assessing the
effectiveness of the program implemented under the amendments made by
this section for simplifying the admission of business travelers from
visa waiver program countries and compliance with the Immigration and
Nationality Act by such travelers under that program.
SEC. 404. MORE EFFICIENT COLLECTION OF INFORMATION FEE.
Section 641(e) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208) <<NOTE: 8
USC 1372.>> is amended--
(1) in paragraph (1)--
(A) by striking ``an approved institution of higher
education and a designated exchange visitor program''
and inserting ``the Attorney General'';
(B) by striking ``the time--'' and inserting the
following: ``a time prior to the alien being classified
under subparagraph (F), (J), or (M) of section
101(a)(15) of the Immigration and Nationality Act.'';
and
(C) by striking subparagraphs (A) and (B);
(2) by amending paragraph (2) to read as follows:
``(2) Remittance.--The fees collected under paragraph (1)
shall be remitted by the alien pursuant to a schedule
established by the Attorney General for immediate deposit and
availability as described under section 286(m) of the
Immigration and Nationality Act.'';
(3) in paragraph (3)--
(A) by striking ``has'' the first place it appears
and inserting ``seeks''; and
(B) by striking ``has'' the second place it appears
and inserting ``seeks to'';
(4) in paragraph (4)--
(A) by inserting before the period at the end of the
second sentence of subparagraph (A) the following: ``,
except that, in the case of an alien admitted under
section 101(a)(15)(J) of the Immigration and Nationality
Act as an au pair, camp counselor, or participant in a
summer work travel program, the fee shall not exceed
$40''; and
(B) by adding at the end of subparagraph (B) the
following new sentence: ``Such expenses include, but are
not necessarily limited to, those incurred by the
Secretary of State in connection with the program under
subsection (a).''; and
(5) by adding at the end the following new paragraphs:
``(5) Proof of payment.--The alien shall present proof of
payment of the fee before the granting of--
``(A) a visa under section 222 of the Immigration
and Nationality Act or, in the case of an alien who is
exempt from the visa requirement described in section
212(d)(4)
[[Page 114 STAT. 1650]]
of the Immigration and Nationality Act, admission to the
United States; or
``(B) change of nonimmigrant classification under
section 248 of the Immigration and Nationality Act to a
classification described in paragraph (3).
``(6) Implementation.--The provisions of section 553 of
title 5, United States Code (relating to rule-making) shall not
apply to the extent the Attorney General determines necessary to
ensure the expeditious, initial implementation of this
section.''.
SEC. 405. NEW TIME-FRAME FOR IMPLEMENTATION OF DATA COLLECTION PROGRAM.
Section 641(g)(1) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208) <<NOTE: 8
USC 1372.>> is amended to read as follows:
``(1) <<NOTE: Deadline.>> Expansion of program.--Not later
than 12 months after the submission of the report required by
subsection (f), the Attorney General, in consultation with the
Secretary of State and the Secretary of Education, shall
commence expansion of the program to cover the nationals of all
countries.''.
SEC. 406. TECHNICAL AMENDMENTS.
Section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208) is
amended--
(1) in subsection (h)(2)(A), by striking ``Director of the
United States Information Agency'' and inserting ``Secretary of
State''; and
(2) in subsection (d)(1), by inserting ``institutions of
higher education or exchange visitor programs'' after ``by''.
Approved October 30, 2000.
LEGISLATIVE HISTORY--H.R. 3767 (S. 2367):
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HOUSE REPORTS: No. 106-564 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Apr. 11, considered and passed House.
Sept. 28, Oct. 3, considered and passed Senate, amended.
Oct. 10, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Oct. 30, Presidential statement.
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