[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

_______________________________________________________________________

                               AMENDMENTS

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HR 3767 EAS----3
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