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 HR 3767 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 [Struck out->][ 2006 ][<-Struck out] 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 [Struck out->][ United States); ][<-Struck out] 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 [Struck out->][ United States); ][<-Struck out] 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 [Struck out->][ (C) ][<-Struck out] 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 [Struck out->][ (D) ][<-Struck out] and insert: (C)

( 19 ) Page 14, line 12, strike out [Struck out->][ , (B), or (C) ][<-Struck out] and insert: or (B)

( 20 ) Page 14, line 18, strike out [Struck out->][ a designation ][<-Struck out]

( 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 [Struck out->][ October 1 ][<-Struck out] 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

HR 3767 EAS----2

HR 3767 EAS----3

HR 3767 EAS----4

HR 3767 EAS----5

END

 


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