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--
- (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.';
- (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';
- (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
END