Visa Waiver Permanent Program Act
PL 106-396 (H.R.3767), enacted 10/30/2000

PUBLIC LAW 106-396—OCT. 30, 2000 
114 STAT. 1637 
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Public Law 106-396 
106th Congress 
An Act 
To amend the Immigration and Nationality Act to make improvements to, and 
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permanently authorize, the visa waiver pilot program under section 217 of such 
— 
' 
Act. 
[H.R. 3767] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
Visa Waiver 
Permanent 
SECTION 1. SHORT TITLE. 
Program Act. 
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 National-
ity 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 "sub-
section (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"; 
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 para-
graphs (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 govern-
ment of the country certifies that it issues to its citizens 
machine-readable passports that satisfy the inter-
nationally 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 machine-
readable passports to its citizens not later than 
October 1, 2003; and 
"(11) 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 Reports. 
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 
79-194 O - 00 - 33 : QL 3 Part 2 
114 STAT. 1640 
PUBLIC LAW 106-396—OCT. 30, 2000 
Relations of the Senate regarding the country's quah-
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 
coiuitry'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 
countrys 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— 
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 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 Deadline. 
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. 
114 STAT. 1642 
Deadlines. 
Deadline. 
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 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 gmnual 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 
£md 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 
PUBLIC LAW 106-396—OCT. 30, 2000 
114 STAT. 1643 
electronic form from their respective records systems 
regarding the admissibihty of ahens 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 Deadline. 
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. 
"(Ill) 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 
114 STAT. 1644 
PUBLIC LAW 106-396—OCT. 30, 2000 
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. 
Deadline. 
"(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 
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 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 aUen 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 
47 u s e 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 
OBTAINEVG 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 emplo3nnent 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— 
PUBLIC LAW 106-396—OCT. 30, 2000 
114 STAT. 1647 
(1) the terms "INTELSAT", "separated entity", and "suc-
cessor entity" shall have the meaning given such terms in 
the ORBIT Act (PubUc 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. AME^fDMENT 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-IB 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 8USC1187. 
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 
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 non-
commercial aircraft that are owned or operated by a domestic 
corporation conducting operations imder 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 
AlRCRAPT 
(i) 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 
Regulations. 
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 
PUBLIC LAW 106-396—OCT. 30, 2000 
114 STAT. 1649 
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 Deadline. 
date of the enactment of this Act, the Attorney General shall 8 USC1187 note. 
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 
Responsibihty Act of 1996 (division C of PubUc Law 104-208) is 
8 USC 1372. 
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 pa5anent of the fee before the granting o
f
— 
"(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) 
114 STAT. 1650 
PUBLIC LAW 106-396—OCT. 30, 2000 
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 
8 use 1372. 
104-208) is amended to read as follows: 
Deadline. 
"(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 
ResponsibiUty Act of 1996 (division C of PubHc 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.