Home > 106th Congressional Bills > H.R. 3767 (eh) 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. [Engrossed in House] ...H.R. 3767 (eh) 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. [Engrossed in House] ...
In the Senate of the United States,
October 3 (legislative day, September 22), 2000.
Resolved, That the bill from the House of Representatives (H.R.
3767) entitled ``An Act to amend the Immigration and Nationality Act to
make improvements to, and permanently authorize, the visa waiver pilot
program under section 217 of such Act.'', do pass with the following
AMENDMENTS:
(1)Page 5, line 12, strike out [2006] and insert: 2007
(2)Page 7, line 11, strike out all after ``(g)'' down to and including
``System'' in line 13 and insert: Visa Application Sole Method To
Dispute Denial of Waiver Based on a Ground of Inadmissibility
(3)Page 7, line 13, strike out all after ``alien'' down to and
including ``use'' in line 16 and insert: denied a waiver under the
program by reason of a ground of inadmissibility described in section
212(a) that is discovered at the time of the alien's application for
the waiver or through the use
(4)Page 7, strike out all after line 22 over to and including line 15
on page 8
(5)Page 9, line 6, strike out [United States);] and insert: United
States and the existence and effectiveness of its agreements and
procedures for extraditing to the United States individuals, including
its own nationals, who commit crimes that violate United States law);
(6)Page 9, line 11, strike out all after ``Judiciary'' down to and
including ``and'' in line 12 and insert: and the Committee on
International Relations of the House of Representatives and the
Committee on the Judiciary and the Committee on Foreign Relations
(7)Page 10, line 7, strike out [United States);] and insert: United
States and the existence and effectiveness of its agreements and
procedures for extraditing to the United States individuals, including
its own nationals, who commit crimes that violate United States law);
(8)Page 10, line 8, after ``determine'' insert: , based upon the
evaluation in subclause (I),
(9)Page 10, line 14, strike out all after ``ary'' down to and including
``and'' in line 15 and insert: and the Committee on International
Relations of the House of Representatives and the Committee on the
Judiciary and the Committee on Foreign Relations
(10)Page 10, line 25, strike out all after ``General,'' over to and
including ``Register'' in line 3 on page 11 and insert: in consultation
with the Secretary of State
(11)Page 11, strike out all after line 12 over to and including line 9
on page 12
(12)Page 12, line 10, strike out [(C)] and insert: (B)
(13)Page 13, line 3, after ``ity)'' insert: on the territory of the
program country
(14)Page 13, strike out all after line 3 down to and including line 6
and insert:
``(III) a severe breakdown in law
and order affecting a significant
portion of the program country's
territory;
``(IV) a severe economic collapse
in the program country; or
(15)Page 13, line 8, after ``event'' insert: in the program country
(16)Page 13, line 12, after ``States)'' insert: and where the country's
participation in the program could contribute to that threat
(17)Page 13, line 17, after ``General'' insert: , in consultation with
the Secretary of State,
(18)Page 14, line 7, strike out [(D)] and insert: (C)
(19)Page 14, line 12, strike out [, (B), or (C)] and insert: or (B)
(20)Page 14, line 18, strike out [a designation]
(21)Page 15, line 11, after ``arrives'' insert: and departs
(22)Page 16, line 25, strike out all after ``record.--'' over to and
including ``Senate'' in line 6 on page 17 and insert: As part of the
annual report required to be submitted under section 110(e)(1) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
the Attorney General shall include a section
(23)Page 17, line 8, after ``year'' insert: , together with an analysis
of that information
(24)Page 17, line 10, strike out [October 1] and insert: December 31
(25)Page 18, after line 2 insert:
The report required by this clause may be
combined with the annual report required to be
submitted on that date under section 110(e)(1)
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.
(26)Page 19, line 21, after ``name'' insert: or Service identification
number
(27)Page 20, strike out all after line 21 over to and including line 4
on page 21 and insert:
``(6) Computation of visa refusal rates.--For purposes of
determining the eligibility of a country to be designated as a
program country, the calculation of visa refusal rates shall
not include any visa refusals which incorporate any procedures
based on, or are otherwise based on, race, sex, or disability,
unless otherwise specifically authorized by law or regulation.
No court shall have jurisdiction under this paragraph to review
any visa refusal, the denial of admission to the United States
of any alien by the Attorney General, the Secretary's
computation of the visa refusal rate, or the designation or
nondesignation of any country.''.
(28)Page 21, after line 4 insert:
SEC. 207. VISA WAIVER INFORMATION.
Section 217(c) of the Immigration and Nationality Act (8 U.S.C.
1187(c)), as amended by sections 204(b) and 206 of this Act, is further
amended by adding at the end the following:
``(7) Visa waiver information.--
``(A) In general.--In refusing the application of
nationals of a program country for United States visas,
or the applications of nationals of a country seeking
entry into the visa waiver program, a consular officer
shall not knowingly or intentionally classify the
refusal of the visa under a category that is not
included in the calculation of the visa refusal rate
only so that the percentage of that country's visa
refusals is less than the percentage limitation
applicable to qualification for participation in the
visa waiver program.
``(B) Reporting requirement.--On May 1 of each
year, for each country under consideration for
inclusion in the visa waiver program, the Secretary of
State shall provide to the appropriate congressional
committees--
``(i) the total number of nationals of that
country that applied for United States visas in
that country during the previous calendar year;
``(ii) the total number of such nationals
who received United States visas during the
previous calendar year;
``(iii) the total number of such nationals
who were refused United States visas during the
previous calendar year;
``(iv) the total number of such nationals
who were refused United States visas during the
previous calendar year under each provision of
this Act under which the visas were refused;
and
``(v) the number of such nationals that
were refused under section 214(b) as a
percentage of the visas that were issued to
such nationals.
``(C) Certification.--Not later than May 1 of each
year, the United States chief of mission, acting or
permanent, to each country under consideration for
inclusion in the visa waiver program shall certify to
the appropriate congressional committees that the
information described in subparagraph (B) is accurate
and provide a copy of that certification to those
committees.
``(D) Consideration of countries in the visa waiver
program.--Upon notification to the Attorney General
that a country is under consideration for inclusion in
the visa waiver program, the Secretary of State shall
provide all of the information described in
subparagraph (B) to the Attorney General.
``(E) Definition.--In this paragraph, the term
`appropriate congressional committees' means the
Committee on the Judiciary and the Committee on Foreign
Relations of the Senate and the Committee on the
Judiciary and the Committee on International Relations
of the House of Representatives.''.
TITLE III--IMMIGRATION STATUS OF ALIEN EMPLOYEES OF INTELSAT AFTER
PRIVATIZATION
SEC. 301. MAINTENANCE OF NONIMMIGRANT AND SPECIAL IMMIGRANT STATUS
NOTWITHSTANDING INTELSAT PRIVATIZATION.
(a) Officers and Employees.--
(1) After privatization.--In the case of an alien who,
during the 6-month period ending on the day before the date of
privatization, was continuously an officer or employee of
INTELSAT, and pursuant to such position continuously
maintained, during such period, the status of a lawful
nonimmigrant described in section 101(a)(15)(G)(iv) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(G)(iv)),
the alien shall be considered as maintaining such nonimmigrant
status on and after the date of privatization, but only during
the period in which the alien is an officer or employee of
INTELSAT or any successor or separated entity of INTELSAT.
(2) Precursory employment with successor before
privatization completion.--In the case of an alien who
commences service as an officer or employee of a successor or
separated entity of INTELSAT before the date of privatization,
but after the date of the enactment of the ORBIT Act (Public
Law 106-180; 114 Stat. 48) and in anticipation of
privatization, if the alien, during the 6-month period ending
on the day before such commencement date, was continuously an
officer or employee of INTELSAT, and pursuant to such position
continuously maintained, during such period, the status of a
lawful nonimmigrant described in section 101(a)(15)(G)(iv) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(G)(iv)), the alien shall be considered as
maintaining such nonimmigrant status on and after such
commencement date, but only during the period in which the
alien is an officer or employee of any successor or separated
entity of INTELSAT.
(b) Immediate Family Members.--
(1) Aliens maintaining status.--
(A) After privatization.--An alien who, on the day
before the date of privatization, was a member of the
immediate family of an alien described in subsection
(a)(1), and had the status of a lawful nonimmigrant
described in section 101(a)(15)(G)(iv) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(G)(iv)) on such day, shall be considered as
maintaining such nonimmigrant status on and after the
date of privatization, but, only during the period in
which the alien described in subsection (a)(1) is an
officer or employee of INTELSAT or any successor or
separated entity of INTELSAT.
(B) After precursory employment.--An alien who, on
the day before a commencement date described in
subsection (a)(2), was a member of the immediate family
of the commencing alien, and had the status of a lawful
nonimmigrant described in section 101(a)(15)(G)(iv) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(G)(iv)) on such day, shall be considered as
maintaining such nonimmigrant status on and after such
commencement date, but only during the period in which
the commencing alien is an officer or employee of any
successor or separated entity of INTELSAT.
(2) Aliens changing status.--In the case of an alien who is
a member of the immediate family of an alien described in
paragraph (1) or (2) of subsection (a), the alien may be
granted and may maintain status as a nonimmigrant described in
section 101(a)(15)(G)(iv) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(G)(iv)) on the same terms as an alien
described in subparagraph (A) or (B), respectively, of
paragraph (1).
(c) Special Immigrants.--For purposes of section 101(a)(27)(I) (8
U.S.C. 1101(a)(27)(I)) of the Immigration and Nationality Act, the term
``international organization'' includes INTELSAT or any successor or
separated entity of INTELSAT.
SEC. 302. TREATMENT OF EMPLOYMENT FOR PURPOSES OF OBTAINING IMMIGRANT
STATUS AS A MULTINATIONAL EXECUTIVE OR MANAGER.
(a) In General.--Notwithstanding section 212(e) of the Immigration
and Nationality Act (8 U.S.C. 1182(e)), in the case of an alien
described in subsection (b)--
(1) any services performed by the alien in the United
States as an officer or employee of INTELSAT or any successor
or separated entity of INTELSAT, and in a capacity that is
managerial or executive, shall be considered employment outside
the United States by an employer described in section
203(b)(1)(C) of such Act (8 U.S.C. 1153(b)(1)(C)), if the alien
has the status of a lawful nonimmigrant described in section
101(a)(15)(G)(iv) of such Act (8 U.S.C. 1101(a)(15)(G)(iv))
during such period of service; and
(2) the alien shall be considered as seeking to enter the
United States in order to continue to render services to the
same employer.
(b) Aliens Described.--An alien described in this subsection is an
alien--
(1) whose nonimmigrant status is maintained pursuant to
section 301(a); and
(2) who seeks adjustment of status after the date of
privatization to that of an alien lawfully admitted for
permanent residence under section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) based on section 203(b)(1)(C)
of such Act (8 U.S.C. 1153(b)(1)(C)) during the period in which
the alien is--
(A) an officer or employee of INTELSAT or any
successor or separated entity of INTELSAT; and
(B) rendering services as such an officer or
employee in a capacity that is managerial or executive.
Other Popular 106th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |