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tion 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 Regu-
lations, 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 Regu-
lations, 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 nec-
essary 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 auto-
mated electronic database.’’.
(d) CARRIER AGREEMENT REQUIREMENTS TO IN-
CLUDE 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 ap-
pears and inserting ‘‘carrier (including any car-
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rier conducting operations under part 135 of
title 14, Code of Federal Regulations) or a do-
mestic 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 (in-
cluding any carrier conducting operations under
part 135 of title 14, Code of Federal Regula-
tions) or a domestic corporation conducting op-
erations under part 91 of that title’’.
(2) BUSINESS AIRCRAFT REQUIREMENTS.—Sec-
tion 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 oper-
ations under part 91 of title 14, Code of Federal
Regulations that owns or operates a noncommer-
cial 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 accred-
ited by or a member of a national organization
that sets business aviation standards. The Attor-
ney General shall prescribe by regulation the
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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 air-
craft owned or operated by such domestic cor-
poration equal to the total amount of fees as-
sessed 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 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 ad-
mission of business travelers from visa waiver program
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countries and compliance with the Immigration and Na-
tionality 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 vis-
itor program’’ and inserting ‘‘the Attorney Gen-
eral’’;
(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 Na-
tionality Act.’’; and
(C) by striking subparagraphs (A) and (B);
(2) by amending paragraph (2) to read as fol-
lows:
‘‘(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
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under section 286(m) of the Immigration and Nation-
ality Act.’’;
(3) in paragraph (3)—
(A) by striking ‘‘has’’ the first place it ap-
pears 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 Im-
migration 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 para-
graphs:
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‘‘(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 Immi-
gration and Nationality Act or, in the case of an
alien who is exempt from the visa requirement
described in section 212(d)(4) of the Immigra-
tion and Nationality Act, admission to the
United States; or
‘‘(B) change of nonimmigrant classification
under section 248 of the Immigration and Na-
tionality Act to a classification described in
paragraph (3).
‘‘(6) IMPLEMENTATION.—The provisions of sec-
tion 553 of title 5, United States Code (relating to
rule-making) shall not apply to the extent the Attor-
ney General determines necessary to ensure the expe-
ditious, 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
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by subsection (f), the Attorney General, in consulta-
tion 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 insert-
ing ‘‘Secretary of State’’; and
(2) in subsection (d)(1), by inserting ‘‘institu-
tions of higher education or exchange visitor pro-
grams’’ after ‘‘by’’.
Attest:
Secretary.
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