H. R. 3767—3
‘‘(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 Nation-
ality 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 con-
taining 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 discov-
ered at the time of the alien’s application for the waiver or through
the use of an automated electronic database required under sub-
section (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 Immigra-
tion 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 designa-
tion 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 agree-
ments 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 Com-
mittee on the Judiciary and the Committee on Foreign
H. R. 3767—4
Relations of the Senate regarding the country’s quali-
fication 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; DES-
IGNATION TERMINATIONS.—
‘‘(A) PERIODIC EVALUATIONS.—
‘‘(i) IN GENERAL.—The Attorney General, in con-
sultation 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 enforce-
ment 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 evalua-
tion in subclause (I), whether any such designation
ought to be continued or terminated under sub-
section (d); and
‘‘(III) shall submit a written report to the Com-
mittee on the Judiciary and the Committee on
International Relations of the House of Represent-
atives 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 des-
ignation 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 Sec-
retary of State, determines that all causes of the termi-
nation have been eliminated.
‘‘(B) EMERGENCY TERMINATION.—
‘‘(i) IN GENERAL.—In the case of a program country
in which an emergency occurs that the Attorney Gen-
eral, in consultation with the Secretary of State, deter-
mines 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 termi-
nate the designation of the country as a program
country.
‘‘(ii) DEFINITION.—For purposes of clause (i), the
term ‘emergency’ means—
H. R. 3767—5
‘‘(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 coun-
try’s territory;
‘‘(IV) a severe economic collapse in the pro-
gram country; or
‘‘(V) any other extraordinary event in the pro-
gram 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 Sec-
retary of State, determines that—
‘‘(I) at least 6 months have elapsed since the
effective date of the termination;
‘‘(II) the emergency that caused the termi-
nation has ended; and
‘‘(III) the average number of refusals of non-
immigrant 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 Nation-
ality 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 auto-
mated 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.
H. R. 3767—6
‘‘(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 depar-
ture described in subparagraph (A) shall be based,
to the maximum extent practicable, on passenger data
collected and electronically transmitted to the auto-
mated 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 auto-
mated entry and exit control system passenger data
determined by the Attorney General to be sufficient
to permit the Attorney General to carry out this para-
graph.
‘‘(iii) CALCULATION.—The system shall contain
sufficient data to permit the Attorney General to cal-
culate, 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
DEPAR-
TURE 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 imple-
mented 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
H. R. 3767—7
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 OFFI-
CERS 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 min-
imum 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 inspec-
tion 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 proce-
dures based on, or are otherwise based on, race, sex, or dis-
ability, unless otherwise specifically authorized by law or regu-
lation. No court shall have jurisdiction under this paragraph
to review any visa refusal, the denial of admission to the
H. R. 3767—8
United States of any alien by the Attorney General, the Sec-
retary’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 cal-
endar year;
‘‘(iii) the total number of such nationals who were
refused United States visas during the previous cal-
endar year;
‘‘(iv) the total number of such nationals who were
refused United States visas during the previous cal-
endar 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 perma-
nent, 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 ‘appro-
priate congressional committees’ means the Committee on
the Judiciary and the Committee on Foreign Relations
of the Senate and the Committee on the Judiciary and
H. R. 3767—9
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 main-
tained, 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 com-
mences 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 Nation-
ality 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 sub-
section (a)(2), was a member of the immediate family of
H. R. 3767—10
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 out-
side 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 perma-
nent 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 suc-
cessor 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—
H. R. 3767—11
(1) the terms ‘‘INTELSAT’’, ‘‘separated entity’’, and ‘‘suc-
cessor 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 corpora-
tions 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 Depart-
ments 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 con-
ducting 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
H. R. 3767—12
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 non-
commercial 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 inadmis-
sibility 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 oper-
ations under part 135 of title 14, Code of Federal Regula-
tions) 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 con-
ducting 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 oper-
ates a noncommercial aircraft is a corporation that is orga-
nized 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 non-
immigrant visa waiver admissions on noncommercial air-
craft owned or operated by such domestic corporation equal
H. R. 3767—13
to the total amount of fees assessed for issuance of non-
immigrant visa waiver arrival/departure forms at land
border ports of entry. All fees collected under this para-
graph 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 edu-
cation 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 subpara-
graph (F), (J), or (M) of section 101(a)(15) of the Immigra-
tion 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 estab-
lished by the Attorney General for immediate deposit and avail-
ability 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)
H. R. 3767—14
of the Immigration and Nationality Act, admission to the
United States; or
‘‘(B) change of nonimmigrant classification under sec-
tion 248 of the Immigration and Nationality Act to a classi-
fication 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 sec-
tion.’’.
SEC. 405. NEW TIME-FRAME FOR IMPLEMENTATION OF DATA COLLEC-
TION 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 expan-
sion 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’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.