```

[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):
---------------------------------------------------------------------------

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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