[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3767 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
October 3 (legislative day, September 22), 2000.
Resolved, That the bill from the House of Representatives (H.R.
3767) entitled ``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.'', do pass with the following
AMENDMENTS:
(1)Page 5, line 12, strike out [2006] and insert: 2007
(2)Page 7, line 11, strike out all after ``(g)'' down to and including
``System'' in line 13 and insert: Visa Application Sole Method To
Dispute Denial of Waiver Based on a Ground of Inadmissibility
(3)Page 7, line 13, strike out all after ``alien'' down to and
including ``use'' in line 16 and insert: 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
(4)Page 7, strike out all after line 22 over to and including line 15
on page 8
(5)Page 9, line 6, strike out [United States);] and insert: 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);
(6)Page 9, line 11, strike out all after ``Judiciary'' down to and
including ``and'' in line 12 and insert: and the Committee on
International Relations of the House of Representatives and the
Committee on the Judiciary and the Committee on Foreign Relations
(7)Page 10, line 7, strike out [United States);] and insert: 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);
(8)Page 10, line 8, after ``determine'' insert: , based upon the
evaluation in subclause (I),
(9)Page 10, line 14, strike out all after ``ary'' down to and including
``and'' in line 15 and insert: and the Committee on International
Relations of the House of Representatives and the Committee on the
Judiciary and the Committee on Foreign Relations
(10)Page 10, line 25, strike out all after ``General,'' over to and
including ``Register'' in line 3 on page 11 and insert: in consultation
with the Secretary of State
(11)Page 11, strike out all after line 12 over to and including line 9
on page 12
(12)Page 12, line 10, strike out [(C)] and insert: (B)
(13)Page 13, line 3, after ``ity)'' insert: on the territory of the
program country
(14)Page 13, strike out all after line 3 down to and including line 6
and insert:
``(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
(15)Page 13, line 8, after ``event'' insert: in the program country
(16)Page 13, line 12, after ``States)'' insert: and where the country's
participation in the program could contribute to that threat
(17)Page 13, line 17, after ``General'' insert: , in consultation with
the Secretary of State,
(18)Page 14, line 7, strike out [(D)] and insert: (C)
(19)Page 14, line 12, strike out [, (B), or (C)] and insert: or (B)
(20)Page 14, line 18, strike out [a designation]
(21)Page 15, line 11, after ``arrives'' insert: and departs
(22)Page 16, line 25, strike out all after ``record.--'' over to and
including ``Senate'' in line 6 on page 17 and insert: 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
(23)Page 17, line 8, after ``year'' insert: , together with an analysis
of that information
(24)Page 17, line 10, strike out [October 1] and insert: December 31
(25)Page 18, after line 2 insert:
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.
(26)Page 19, line 21, after ``name'' insert: or Service identification
number
(27)Page 20, strike out all after line 21 over to and including line 4
on page 21 and insert:
``(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.''.
(28)Page 21, after line 4 insert:
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
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''.
Attest:
Secretary.
106th CONGRESS
2d Session
H. R. 3767
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