[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3767 Enrolled Bill (ENR)]

        H.R.3767

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 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'';
        (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--

                    ``(I) shall certify, not later than October 1, 
                2000, that it has a program to issue machine-readable 
                passports to its citizens not later than October 1, 
                2003; and
                    ``(II) shall satisfy the requirement of clause (i) 
                not later than October 1, 2003.''.

SEC. 203. DENIAL OF PROGRAM WAIVER BASED ON GROUND OF INADMISSIBILITY.

    (a) In General.--Section 217(a) of the Immigration and Nationality 
Act (8 U.S.C. 1187(a)), as amended by section 202, is further amended 
by adding at the end the following:
        ``(9) Automated system check.--The identity of the alien has 
    been checked using an automated electronic database containing 
    information about the inadmissibility of aliens to uncover any 
    grounds on which the alien may be inadmissible to the United 
    States, and no such ground has been found.''.
    (b) Visa Application Sole Method To Dispute Denials of Waiver Based 
on Ground of Inadmissibility.--Section 217 of the Immigration and 
Nationality Act (8 U.S.C. 1187), as amended by section 101(a)(6) of 
this Act, is further amended by adding at the end the following:
    ``(g) Visa Application Sole Method To Dispute Denial of Waiver 
Based on a Ground of Inadmissibility.--In the case of an alien denied a 
waiver under the program by reason of a ground of inadmissibility 
described in section 212(a) that is discovered at the time of the 
alien's application for the waiver or through the use of an automated 
electronic database required under subsection (a)(9), the alien may 
apply for a visa at an appropriate consular office outside the United 
States. There shall be no other means of administrative or judicial 
review of such a denial, and no court or person otherwise shall have 
jurisdiction to consider any claim attacking the validity of such a 
denial.''.

SEC. 204. EVALUATION OF EFFECT OF COUNTRY'S PARTICIPATION ON LAW 
              ENFORCEMENT AND SECURITY.

    (a) Initial Designation.--Section 217(c)(2)(C) of the Immigration 
and Nationality Act (8 U.S.C. 1187(c)(2)(C)) is amended to read as 
follows:
            ``(C) Law enforcement and security interests.--The Attorney 
        General, in consultation with the Secretary of State--
                ``(i) evaluates the effect that the country's 
            designation would have on the law enforcement and security 
            interests of the United States (including the interest in 
            enforcement of the immigration laws of the United States 
            and the existence and effectiveness of its agreements and 
            procedures for extraditing to the United States 
            individuals, including its own nationals, who commit crimes 
            that violate United States law);
                ``(ii) determines that such interests would not be 
            compromised by the designation of the country; and
                ``(iii) 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 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--

                    ``(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.
            ``(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 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 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 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 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--
        (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 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 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) 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''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.