[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,

a9a940184c196853ca9a35c4af143fd6c960f36349eaf9b53389a64454529ef6

This Act may be cited as the ``Visa Waiver Permanent Program Act''.

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(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''.

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TITLE I

-PERMANENT PROGRAM AUTHORIZATION

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)''.

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TITLE II

-PROGRAM IMPROVEMENTS

(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.''.

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(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.''.

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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.''.

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(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).''.

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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.''.

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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.''.
PRIVATIZATION

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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.

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TITLE III

-IMMIGRATION STATUS OF ALIEN EMPLOYEES OF INTELSAT AFTER

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.

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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)).

5916604daa061b8fe97dac9126f8c8aa4047e955957546479b08329fea631750

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.''.

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TITLE IV

-MISCELLANEOUS PROVISIONS

(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''.

63aa46eda974df9cf223fe9959c986485361e427dd4dec219d47d47b83d272e0

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.

48422606fb30b247aebb8b12e2ff5c777bb22b8c3dfbfef3fde6691110e3c6fa

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.''.

c06dd11e373abe45918664d3a054e697bc90fd18b60f5b6e9814e55b8950aa33

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.''.

8f11f46089f3616da8a49b70011fc5a2970a75ecd3351ab9c1dce1c4e068ad8a

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.

346caf74dcde9ea62845dfacb5e8fd6dbed79f17201c9dd1ff3dee25e68d11f9

Visa Waiver Permanent Program Act

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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