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[Congressional Record: September 28, 2000 (Senate)]
[Page S9525-S9531]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr28se00-166]                         



 
                AMENDMENTS SUBMITTED--SEPTEMBER 28, 2000

                                 ______
                                 
    AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY ACT OF 2000

                                 ______
                                 

                         KYL AMENDMENT NO. 4274

  (Ordered to lie on the table.)
  Mr. KYL submitted an amendment intended to be proposed by him to the 
bill (S. 2045) amending the Immigration and Nationality Act with 
respect to H-1B nonimmigrant aliens; as follows:

       At the end, add the following:

     SEC.  . SCHOLARSHIP FOR SERVICE PROGRAM.

       Notwithstanding any other provision of law, of the amount 
     made available under section 286(s) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(s)) for each fiscal year; two 
     percent shall be available to the Director of the National 
     Science Foundation to enable the Director to carry out the 
     Scholarship for Service program.
                                 ______
                                 

                 HATCH (AND OTHERS) AMENDMENT NO. 4275

  Mr. HATCH (for himself, Mr. Kennedy, and Mr. Abraham) proposed an 
amendment to the bill, S. 2045, supra; as follows:

       On page 1 of the amendment, line 10, strike ``(vi)'' and 
     insert ``(vii)''.
       On page 2 of the amendment, strike lines 1 through 5 and 
     insert the following:
       (2) by striking clause (iv) and inserting the following:
       ``(iv) 195,000 in fiscal year 2001;
       ``(v) 195,000 in fiscal year 2002;
       ``(vi) 195,000 in fiscal year 2003; and''.
       On page 2 of the amendment, line 6, strike ``Fiscal Year 
     1999.--'' and insert ``Fiscal Years 1999 and 2000.--''.
       On page 2 of the amendment, line 7, strike 
     ``Notwithstanding'' and insert ``(A) Notwithstanding''.
       On page 2 of the amendment, between lines 17 and 18, insert 
     the following:
       (B) In the case of any alien on behalf of whom a petition 
     for status under section 101(a)(15)(H)(I)(b) is filed before 
     September 1, 2000, and is subsequently approved, that alien 
     shall be counted toward the numerical ceiling for fiscal year 
     2000 notwithstanding the date of the approval of the 
     petition. Notwithstanding section 214(g)(1)(A)(iii) of the 
     Immigration and Nationality Act, the total number of aliens 
     who may be issued visas or otherwise provided nonimmigrant 
     status under section 101(a)(15)(H)(i)(b) of such Act in 
     fiscal year 2000 is increased by a number equal to the number 
     of aliens who may be issued visas or otherwise provided 
     nonimmigrant status who filed a petition during the period 
     beginning on the date on which the limitation in such section 
     214(g)(1)(A)(iii) is reached and ending on August 31, 2000.
       On page 3, line 11 strike ``(A''.
       On page 3, line 13 strike ``(i)'' and insert ``(A)''.
       On page 3, line 17 strike ``(ii)'' and insert ``(B)''.
       On page 3, line 18 strike ``; or'' and insert ``.''
       On page 3, strike lines 19-24.
       On page 4, line 6 strike ``(A)''.
       On page 6 of the amendment, strike lines 16 through 18 and 
     insert the following:
       (2) is eligible to be granted that status but for 
     application of the per country limitations applicable to 
     immigrants under those paragraphs,

[[Page S9527]]

       On page 7 of the amendment, strike lines 22 through 24 and 
     insert the following:
       ``(C) who, subsequent to such lawful admission, has not 
     been employed without authorization in the United States 
     before the filing of such petition.''.
       On page 9 of the amendment, between lines 3 and 4, insert 
     the following:
       (c) Increased Job Flexibility for Long Delayed Applicants 
     for Adjustment of Status.--
       (1) Section 204 of the Immigration and Nationality Act (8 
     U.S.C. 1154) is amended by adding at the end the following 
     new subsection:
       ``(j) Job Flexibility for Long Delayed Applicants for 
     Adjustment of Status to Permanent Residence.--A petition 
     under subsection (a)(1)(D) for an individual whose 
     application for adjustment of status pursuant to section 245 
     has been filed and remained unadjudicated for 180 days or 
     more shall remain valid with respect to a new job if the 
     individual changes jobs or employers if the new job is in the 
     same or a similar occupational classification as the job for 
     which the petition was filed.''.
       (2) Section 212(a)(5)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(5)(A)) is amended by adding at the end 
     the following new clause:
       ``(iv) Long delayed adjustment applicants.--A certification 
     made under clause (i) with respect to an individual whose 
     petition is covered by section 204(j) shall remain valid with 
     respect to a new job accepted by the individual after the 
     individual changes jobs or employers if the new job is in the 
     same or a similar occupational classification as the job for 
     which the certification was issued.''.
       (d) Recapture of Unused Employment-Based Immigrant Visas.--
       (1) In general.--Notwithstanding any other provision of 
     law, the number of employment-based visas (as defined in 
     paragraph (3)) made available for a fiscal year (beginning 
     with fiscal year 2001) shall be increased by the number 
     described in paragraph (2). Visas made available under this 
     subsection shall only be available in a fiscal year to 
     employment-based immigrants under paragraph (1), (2), or (3) 
     of section 203(b) of the Immigration and Nationality Act.
       (2) Number available.--
       (A) In general.--Subject to subparagraph (B), the number 
     described in this paragraph is the difference between the 
     number of employment-based visas that were made available in 
     fiscal year 1999 and 2000 and the number of such visas that 
     were actually used in such fiscal years.
       (B) Reduction.--The number described in subparagraph (A) 
     shall be reduced, for each fiscal year after fiscal year 
     2001, by the cumulative number of immigrant visas actually 
     used under paragraph (1) for previous fiscal years.
       (C) Construction.--Nothing in this paragraph shall be 
     construed as affecting the application of section 
     201(c)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 
     1151(c)(3)(C)).
       (3) Employment-based visas defined.--For purposes of this 
     subsection, the term ``employment-based visa'' means an 
     immigrant visa which is issued pursuant to the numerical 
     limitation under section 203(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)).
       On page 9, on line 9, strike ``October 1, 2002'' and insert 
     ``October 1, 2003''.
       On page 9, line 15, strike ``September 30, 2002'' and 
     insert ``September 30, 2003.''
       On page 12 of the amendment, line 3, strike ``used'' and 
     insert ``use''.
       On page 12 of the amendment, line 21, strike ``this'' and 
     insert ``the''.
       On page 15 of the amendment, beginning on line 18, strike 
     ``All training'' and all that follows through 
     ``demonstrated'' on line 20 and insert the following: ``The 
     need for the training shall be justified''.
       On page 16 of the amendment, line 6, insert ``section 
     116(b) or'' before ``section 117''.
       On page 16 of the amendment, line 20, strike ``; and'' and 
     insert the following: ``: Provided, That the activities of 
     such local or regional public-private partnership described 
     in this subsection shall be conducted in coordination with 
     the activities of the relevant local workforce investment 
     board or boards established under the Workforce Investment 
     Act of 1998 (29 U.S.C. 2832)''.
       On page 18 of the amendment, line 10, strike ``that are in 
     shortage''.
       On page 18 of the amendment, line 23 and 24, strike ``H-1B 
     skill shortage.'' and insert ``single specialty occupation, 
     as defined in section 214(i) of the Immigration and 
     Nationality Act.''.
       On page 19 of the amendment, strike lines 1 through 6.
       On page 20 of the amendment, line 23, strike ``and''.
       On page 21 of the amendment, line 2, strike the period and 
     insert ``; and''.
       On page 21 of the amendment, between lines 2 and 3, insert 
     the following:
       ``(iii) in the case of an application for a grant under 
     subsection (c)(2)(A)(ii), explain what barriers prevent the 
     strategy from being implemented through a grant made under 
     subsection (c)(2)(A)(i).''.
       At the appropriate place, add the following:

     USE OF FEES FOR DUTIES RELATING TO PETITIONS.

       Section 286(s)(5) of the Immigration and Nationality Act (8 
     U.S.C. (s)(5)) is amended to read as follows:--4 percent of 
     the amounts deposited into the H-1B Nonimmigrant Petitioner 
     Account shall remain available to the Attorney General until 
     expended to carry out duties under paragraphs (1) and (9) of 
     section 214(c) related to petitions made for nonimmigrants 
     describes in section 101(a)(15)(H)(i)(b), under paragraph 
     (1)(c) or (D) of section 204 related to petitions for 
     immigrants described in section 203(b).
       Notwithstanding any other provision of this Act, the figure 
     on page 11, line 2 is deemed to be ``22 percent''; the figure 
     on page 12, line 25 deemed to be ``4 percent''; and the 
     figure on page 13 line 2 is deemed to be ``2 percent''.
       At the appropriate place, add the following:

     SEC. __. EXCLUSION OF CERTAIN ``J'' NONIMMIGRANTS FROM 
                   NUMERICAL LIMITATIONS APPLICABLE TO ``H-1B'' 
                   NONIMMIGRANTS.

       The numerical limitations contained in section 2 of this 
     Act shall not apply to any nonimmigrant alien granted a 
     waiver that is subject to the limitation contained in 
     paragraph (1)(B) of the first section 214(l) of the 
     Immigration and Nationality Act (relating to restrictions on 
     waivers).
       At the appropriate place, insert the following:

     SEC. 9. STUDY AND REPORT ON THE ``DIGITAL DIVIDE''.

       (a) Study.--The Secretary of Commerce shall conduct a 
     review of existing public and private high-tech workforce 
     training programs in the United States.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Commerce shall submit 
     a report to Congress setting forth the findings of the study 
     conducted under subsection (a).
       At the appropriate place, insert the following:

     TITLE II--IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Immigration Services and 
     Infrastructure Improvements Act of 2000''.

     SEC. 202. PURPOSES.

       (a) Purposes.--The purposes of this title are to--
       (1) provide the Immigration and Naturalization Service with 
     the mechanisms it needs to eliminate the current backlog in 
     the processing of immigration benefit applications within 1 
     year after enactment of this Act and to maintain the 
     elimination of the backlog in future years; and
       (2) provide for regular congressional oversight of the 
     performance of the Immigration and Naturalization Service in 
     eliminating the backlog and processing delays in immigration 
     benefits adjudications.
       (b) Policy.--It is the sense of Congress that the 
     processing of an immigration benefit application should be 
     completed not later than 180 days after the initial filing of 
     the application, except that a petition for a nonimmigrant 
     visa under section 214(c) of the Immigration and Nationality 
     Act should be processed not later than 30 days after the 
     filing of the petition.

     SEC. 203. DEFINITIONS.

       In this title:
       (1) Backlog.--The term ``backlog'' means, with respect to 
     an immigration benefit application, the period of time in 
     excess of 180 days that such application has been pending 
     before the Immigration and Naturalization Service.
       (2) Immigration benefit application.--The term 
     ``immigration benefit application'' means any application or 
     petition to confer, certify, change, adjust, or extend any 
     status granted under the Immigration and Nationality Act.

     SEC. 204. IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENT 
                   ACCOUNT.

       (a) Authority of the Attorney General.--The Attorney 
     General shall take such measures as may be necessary to--
       (1) reduce the backlog in the processing of immigration 
     benefit applications, with the objective of the total 
     elimination of the backlog not later than one year after the 
     date of enactment of this Act;
       (2) make such other improvements in the processing of 
     immigration benefit applications as may be necessary to 
     ensure that a backlog does not develop after such date; and
       (3) make such improvements in infrastructure as may be 
     necessary to effectively provide immigration services.
       (b) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Department of Justice from time to time such sums as may 
     be necessary for the Attorney General to carry out subsection 
     (a).
       (2) Designation of account in treasury.--Amounts 
     appropriated pursuant to paragraph (1) may be referred to as 
     the ``Immigration Services and Infrastructure Improvements 
     Account''.
       (3) Availability of funds.--Amounts appropriated pursuant 
     to paragraph (1) are authorized to remain available until 
     expended.
       (4) Limitation on expenditures.--None of the funds 
     appropriated pursuant to paragraph (1) may be expended until 
     the report described in section 205(a) has been submitted to 
     Congress.

     SEC. 205. REPORTS TO CONGRESS.

       (a) Backlog Elimination Plan.--
       (1) Report required.--Not later than 90 days after the date 
     of enactment of this Act, the Attorney General shall submit a 
     report to the Committees on the Judiciary and Appropriations 
     of the Senate and the House of Representatives concerning--
       (A) the backlogs in immigration benefit applications in 
     existence as of the date of enactment of this title; and
       (B) the Attorney General's plan for eliminating such 
     backlogs.

[[Page S9528]]

       (2) Report elements.--The report shall include--
       (A) an assessment of the data systems used in adjudicating 
     and reporting on the status of immigration benefit 
     applications, including--
       (i) a description of the adequacy of existing computer 
     hardware, computer software, and other mechanisms to comply 
     with the adjudications and reporting requirements of this 
     title; and
       (ii) a plan for implementing improvements to existing data 
     systems to accomplish the purpose of this title, as described 
     in section 202(b);
       (B) a description of the quality controls to be put into 
     force to ensure timely, fair, accurate, and complete 
     processing and adjudication of such applications;
       (C) the elements specified in subsection (b)(2);
       (D) an estimate of the amount of appropriated funds that 
     would be necessary in order to eliminate the backlogs in each 
     category of immigration benefit applications described in 
     subsection (b)(2); and
       (E) a detailed plan on how the Attorney General will use 
     any funds in the Immigration Services and Infrastructure 
     Improvements Account to comply with the purposes of this 
     title.
       (b) Annual Reports.--
       (1) In general.--Beginning 90 days after the end of the 
     first fiscal year for which any appropriation authorized by 
     section 204(b) is made, and 90 days after the end of each 
     fiscal year thereafter, the Attorney General shall submit a 
     report to the Committees on the Judiciary and Appropriations 
     of the Senate and the House of Representatives concerning the 
     status of--
       (A) the Immigration Services and Infrastructure 
     Improvements Account including any unobligated balances of 
     appropriations in the Account; and
       (B) the Attorney General's efforts to eliminate backlogs in 
     any immigration benefit application described in paragraph 
     (2).
       (2) Report elements.--The report shall include--
       (A) State-by-State data on--
       (i) the number of naturalization cases adjudicated in each 
     quarter of each fiscal year;
       (ii) the average processing time for naturalization 
     applications;
       (iii) the number of naturalization applications pending for 
     up to 6 months, 12 months, 18 months, 24 months, 36 months, 
     and 48 months or more;
       (iv) estimated processing times adjudicating newly 
     submitted naturalization applications;
       (v) an analysis of the appropriate processing times for 
     naturalization applications; and
       (vi) the additional resources and process changes needed to 
     eliminate the backlog for naturalization adjudications;
       (B) the status of applications or, where applicable, 
     petitions described in subparagraph (C), by Immigration and 
     Naturalization Service district, including--
       (i) the number of cases adjudicated in each quarter of each 
     fiscal year;
       (ii) the average processing time for such applications or 
     petitions;
       (iii) the number of applications or petitions pending for 
     up to 6 months, 12 months, 18 months, 24 months, 36 months, 
     and 48 months or more;
       (iv) the estimated processing times adjudicating newly 
     submitted applications or petitions;
       (v) an analysis of the appropriate processing times for 
     applications or petitions; and
       (vi) a description of the additional resources and process 
     changes needed to eliminate the backlog for such processing 
     and adjudications; and
       (C) a status report on--
       (i) applications for adjustments of status to that of an 
     alien lawfully admitted for permanent residence;
       (ii) petitions for nonimmigrant visas under section 214 of 
     the Immigration and Nationality Act;
       (iii) petitions filed under section 204 of such Act to 
     classify aliens as immediate relatives or preference 
     immigrants under section 203 of such Act;
       (iv) applications for asylum under section 208 of such Act;
       (v) registrations for Temporary Protected Status under 
     section 244 of such Act; and
       (vi) a description of the additional resources and process 
     changes needed to eliminate the backlog for such processing 
     and adjudications.
       (3) Absence of appropriated funds.--In the event that no 
     funds are appropriated subject to section 204(b) in the 
     fiscal year in which this Act is enacted, the Attorney 
     General shall submit a report to Congress not later than 90 
     days after the end of such fiscal year, and each fiscal year 
     thereafter, containing the elements described in paragraph 
     (2).
                                 ______
                                 

                   VISA WAIVER PERMANENT PROGRAM ACT

                                 ______
                                 

                ABRAHAM (AND KENNEDY) AMENDMENT NO. 4276

  Mr. DOMENICI (for Mr. Abraham and Mr. Kennedy) proposed an amendment 
to the bill (H.R. 3767) 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, as follows:

       On page 5, line 12, strike ``2006'' and insert ``2007''.
       On page 7, beginning on line 11, strike ``Visa'' and all 
     that follows through ``System'' on line 13 and insert the 
     following: ``Visa Application Sole Method to Dispute Denial 
     of Waiver Based on a Ground of Inadmissibility''.
       On page 7, beginning on line 13, strike ``denial'' and all 
     that follows through ``use'' on line 16 and insert the 
     following: ``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''.
       Beginning on page 7, strike line 23 and all that follows 
     through line 15 on page 8.
       On page 9, line 6, strike ``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);''.
       On page 9, beginning on line 11, strike ``of'' and all that 
     follows through ``and'' on line 12 and insert the following: 
     ``and the Committee on International Relations of the House 
     of Representatives and the Committee on the Judiciary and the 
     Committee on Foreign Relations''.
       On page 10, line 7, strike ``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);''.
       On page 10, line 8, insert ``, based upon the evaluation in 
     subclause (I),''.
       On page 10, line 14, strike ``of'' and all that follows 
     through ``and'' on line 15 and insert the following: ``and 
     the Committee on International Relations of the House of 
     Representatives and the Committee on the Judiciary and the 
     Committee on Foreign Relations''.
       Beginning on page 10, line 25, strike ``but may'' and all 
     that follows through ``Register'' on line 3 of page 11 and 
     insert ``in consultation with the Secretary of State''.
       Beginning on page 11, strike line 13 and all that follows 
     through line 9 on page 12.
       On page 12, line 10, strike ``(C)'' and insert ``(B)''.
       On page 13, line 3, insert ``on the territory of the 
     program country'' after ``ity)''.
       On page 13, strike lines 4 through 6 and insert the 
     following:

       ``(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''.

       On page 13, line 8, insert ``in the program country'' after 
     ``event''.
       On page 13, line 12, before the period at the end of the 
     line insert ``and where the country's participation in the 
     program could contribute to that threat''.
       On page 13, line 17, insert ``, in consultation with the 
     Secretary of State,'' after ``Attorney General''.
       On page 14, line 18, strike ``a designation''.
       On page 15, line 11, insert ``and departs'' after 
     ``arrives''.
       Beginning on page 16, line 25, strike ``Not later'' and all 
     that follows through ``Senate'' on line 6 of page 17 and 
     insert the following: ``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''.
       On page 17, line 8, before the period at the end of the 
     line insert the following: ``, together with an analysis of 
     that information''.
       On page 17, line 10, strike ``October 1'' and insert 
     ``December 31''.
       On page 18, between lines 2 and 3, insert the following:
     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.
       On page 19, line 21, insert ``or Service identification 
     number'' after ``name''.
       Beginning on page 20, strike line 22 and all that follows 
     through line 4 on page 21 and insert 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.''.
       On page 21, after line 4, add the following:

     SEC. 207. VISA WAIVER INFORMATION.

       Section 217(c) of the Immigration and Nationality Act 
     (8U.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

[[Page S9529]]

     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

       Section 214 of the Immigration and Nationality Act is 
     amended by adding the following new section.
       (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.
       On page 6, line 8, of the amendment, before the quotation 
     marks, insert the following: ``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 non-designation of any 
     country.''.
       At the appropriate place in the bill, insert the following:

     SEC. ____. 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''.
  At the end of the bill, add the following:

     SEC. ____. 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 designated 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

[[Page S9530]]

     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 designated 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 conducing 
     operations under part 91 of that title''.
       (2) Business aircraft requirements.--Secion 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 non-
     commercial 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 activity 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 non-commercial aircraft owned or operated by 
     such domestic corporation equal to the total amount of fees 
     assessed for issuance of nonimmigration 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. 401. 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. 402. 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. 403. 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''.
                                 ______
                                 

     



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