HR 3767 EAS
Ω4æPage 7, strike out all after line 22 over to and includ-
ing line 15 on page 8
Ω5æPage 9, line 6, strike out øUnited 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 com-
mit crimes that violate United States law);
Ω6æPage 9, line 11, strike out all after ‘‘Judiciary’’ down
to and including ‘‘and’’ in line 12 and insert: and the Com-
mittee on International Relations of the House of Rep-
resentatives and the Committee on the Judiciary and the
Committee on Foreign Relations
Ω7æPage 10, line 7, strike out øUnited States);¿ and in-
sert: United States and the existence and effectiveness of
its agreements and procedures for extraditing to the United
States individuals, including its own nationals, who com-
mit crimes that violate United States law);
Ω8æPage 10, line 8, after ‘‘determine’’ insert: , based upon
the evaluation in subclause (I),
Ω9æPage 10, line 14, strike out all after ‘‘ary’’ down to
and including ‘‘and’’ in line 15 and insert: and the Com-
mittee on International Relations of the House of Rep-
HR 3767 EAS
resentatives and the Committee on the Judiciary and the
Committee on Foreign Relations
Ω10æPage 10, line 25, strike out all after ‘‘General,’’ over
to and including ‘‘Register’’ in line 3 on page 11 and in-
sert: in consultation with the Secretary of State
Ω11æPage 11, strike out all after line 12 over to and in-
cluding line 9 on page 12
Ω12æPage 12, line 10, strike out ø(C)¿ and insert: (B)
Ω13æPage 13, line 3, after ‘‘ity)’’ insert: on the territory
of the program country
Ω14æPage 13, strike out all after line 3 down to and in-
cluding line 6 and insert:
‘‘(III) a severe breakdown in law
and order affecting a significant por-
tion of the program country’s territory;
‘‘(IV) a severe economic collapse
in the program country; or
Ω15æPage 13, line 8, after ‘‘event’’ insert: in the program
country
Ω16æPage 13, line 12, after ‘‘States)’’ insert: and where
the country’s participation in the program could contribute
to that threat
HR 3767 EAS
Ω17æPage 13, line 17, after ‘‘General’’ insert: , in con-
sultation with the Secretary of State,
Ω18æPage 14, line 7, strike out ø(D)¿ and insert: (C)
Ω19æPage 14, line 12, strike out ø, (B), or (C)¿ and in-
sert: or (B)
Ω20æPage 14, line 18, strike out øa designation¿
Ω21æPage 15, line 11, after ‘‘arrives’’ insert: and departs
Ω22æPage 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
Ω23æPage 17, line 8, after ‘‘year’’ insert: , together with
an analysis of that information
Ω24æPage 17, line 10, strike out øOctober 1¿ and insert:
December 31
Ω25æPage 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
HR 3767 EAS
110(e)(1) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996.
Ω26æPage 19, line 21, after ‘‘name’’ insert: or Service
identification number
Ω27æPage 20, strike out all after line 21 over to and in-
cluding line 4 on page 21 and insert:
‘‘(6) COMPUTATION OF VISA REFUSAL RATES.—
For purposes of determining the eligibility of a coun-
try to be designated as a program country, the cal-
culation 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 reg-
ulation. 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.’’.
Ω28æPage 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:
HR 3767 EAS
‘‘(7) VISA WAIVER INFORMATION.—
‘‘(A) IN GENERAL.—In refusing the applica-
tion of nationals of a program country for
United States visas, or the applications of na-
tionals 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 consider-
ation for inclusion in the visa waiver program,
the Secretary of State shall provide to the appro-
priate 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 nation-
als who received United States visas during
the previous calendar year;
HR 3767 EAS
‘‘(iii) the total number of such nation-
als who were refused United States visas
during the previous calendar year;
‘‘(iv) the total number of such nation-
als 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 per-
centage of the visas that were issued to such
nationals.
‘‘(C) CERTIFICATION.—Not later than May
1 of each year, the United States chief of mis-
sion, acting or permanent, to each country under
consideration for inclusion in the visa waiver
program shall certify to the appropriate congres-
sional 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
HR 3767 EAS
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 
STA-
TUS OF ALIEN EMPLOYEES OF
INTELSAT AFTER PRIVATIZA-
TION
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 de-
scribed in section 101(a)(15)(G)(iv) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
HR 3767 EAS
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 em-
ployee 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 continu-
ously maintained, during such period, the status of a
lawful 
nonimmigrant 
described 
in 
section
101(a)(15)(G)(iv) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(G)(iv)), the alien
shall be considered as maintaining such non-
immigrant status on and after such commencement
date, but only during the period in which the alien
HR 3767 EAS
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 re-
designated by this Act) is amended by striking all after
‘‘carrier’’ and inserting the following: ‘‘, including any car-
rier 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 Regu-
lations which has entered into an agreement with the Attor-
ney General pursuant to subsection (e). The Attorney Gen-
eral 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 corpora-