PUBLIC LAW 106–396—OCT. 30, 2000 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.

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 ‘‘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’’;

8 USC 1101 note.

Visa Waiver

Permenent

Program Act.

Oct. 30, 2000

[H.R. 3767]

114 STAT. 1638 PUBLIC LAW 106–396—OCT. 30, 2000

(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—

PUBLIC LAW 106–396—OCT. 30, 2000 114 STAT. 1639

‘‘(I) shall certify, not later than October 1,

2000, that it has a program to issue machinereadable 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) 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

Reports.

114 STAT. 1640 PUBLIC LAW 106–396—OCT. 30, 2000

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—

PUBLIC LAW 106–396—OCT. 30, 2000 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) 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.

Deadline.

114 STAT. 1642 PUBLIC LAW 106–396—OCT. 30, 2000

‘‘(B) 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) 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

Deadline.

Deadlines.

PUBLIC LAW 106–396—OCT. 30, 2000 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 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

Deadline.

114 STAT. 1644 PUBLIC LAW 106–396—OCT. 30, 2000

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.—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

Deadline.

PUBLIC LAW 106–396—OCT. 30, 2000 114 STAT. 1645

the Committee on International Relations of the House

of Representatives.’’.

TITLE III—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

47 USC 763 note.

114 STAT. 1646 PUBLIC LAW 106–396—OCT. 30, 2000

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—

PUBLIC LAW 106–396—OCT. 30, 2000 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 (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

8 USC 1187.

114 STAT. 1648 PUBLIC LAW 106–396—OCT. 30, 2000

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. 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

Regulations.

PUBLIC LAW 106–396—OCT. 30, 2000 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) 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) 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)

8 USC 1372.

Deadline.

8 USC 1187 note.

114 STAT. 1650 PUBLIC LAW 106–396—OCT. 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.

Æ

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) is amended to read as follows:

‘‘(1) 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.

Deadline.

8 USC 1372.