[Congressional Record Volume 151, Number 152 (Wednesday, November 16, 2005)]
[House]
[Page H10243]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page H10243]]
  RENDERING DENMARK NATIONALS ELIGIBLE TO ENTER THE UNITED STATES AS 
                   NONIMMIGRANT TRADERS AND INVESTORS

  Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 3647) to render nationals of Denmark eligible to enter 
the United States as nonimmigrant traders and investors, as amended.
  The Clerk read as follows:

                               H.R. 3647

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     [SECTION 1. NONIMMIGRANT TRADERS AND INVESTORS FROM DENMARK.

       [Denmark shall be considered, for purposes of section 
     101(a)(15)(E) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(E)), to be a foreign state described in 
     such section if Denmark extends reciprocal nonimmigrant 
     treatment to nationals of the United States.]

     SECTION 1. NONIMMIGRANT TRADERS AND INVESTORS FROM DENMARK.

       Denmark shall be considered, for purposes of section 
     101(a)(15)(E) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(E)), to be a foreign state described in 
     such section (other than clause (iii) of such section) if 
     Denmark extends reciprocal nonimmigrant treatment to 
     nationals of the United States.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentleman from California (Mr. 
Berman) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. 
Sensenbrenner).
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 3647, to render nationals of 
Denmark eligible to enter the United States as nonimmigrant traders and 
investors. E-2 visas are nonimmigrant visas available to nationals of 
countries with which the United States maintains a treaty of commerce. 
Under the Immigration and Nationality Act, aliens from such countries 
who wish to come to the United States to develop and direct the 
operations of an enterprise in which they have invested, or are 
actively in the process of investing a substantial amount of capital, 
may apply for entry on an E-2 visa.
  Alien employees of a treaty investor may also receive E-2 visas if 
they are coming to the United States to engage in duties of an 
executive or supervisory character, or, if employed in a lesser 
capacity, if they have special qualifications that make the services to 
be rendered essential to the efficient operation of that enterprise. 
There is no numerical cap on E-2 visas. An alien may be admitted 
initially for a period of 2 years and can apply for extensions in 2-
year increments.
  The United States has entered into treaties of commerce containing 
language similar to the E-2 visas since as far back as 1815, when we 
entered into a Convention to Regulate Commerce with the United Kingdom. 
Currently, the nationals of 74 countries are eligible for E-2 status. 
In fiscal year 2003, 24,506 aliens, including dependents, were granted 
E-2 visas.
  Nationals of Denmark are already eligible for an E-1, treaty trader, 
visa pursuant to the Treaty of Friendship, Commerce and Navigation 
between the United States and Denmark of October 1, 1951. The U.S. and 
Denmark signed a protocol to that treaty on May 2, 2001, that would 
also grant Danes eligibility for E-2 visas. However, that protocol has 
not been ratified due to the broad objections raised on both sides of 
the Capitol regarding the inclusion of immigration provisions in trade 
agreements. Accordingly, the Danish embassy has requested that Denmark 
be granted E-2 privileges through the normal legislative process. This 
legislation would accomplish that.
  Mr. Speaker, I wish to emphasize the importance of formal 
congressional consideration of any changes to United States immigration 
law through congressional legislative process. Over the last several 
years, Congress has witnessed efforts to circumvent its exclusive 
authority under the Constitution to amend our Nation's immigration law. 
The inclusion of temporary entry or other immigration provisions in 
bilateral or multilateral trade agreements undermines the 
constitutional authority of Congress and has been strongly opposed by 
Members on both sides of the aisle.
  This legislation is the product of the open legislative process that 
revisions to our immigration law deserve, and I urge other nations 
seeking changes to U.S. immigration law to follow a similar legislative 
course. I appreciate that the embassy of Denmark has sought E-2 visas 
the right way, and I urge my colleagues to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BERMAN. Madam Speaker, I yield myself such time as I may consume.
  Let me, first of all, acknowledge that this is an important issue. 
Danish nationals are eligible for E-1 treaty trader visas pursuant to 
the Treaty of Friendship, Commerce and Navigation between the United 
States and Denmark of October 1, 1951.
  The U.S. and Denmark signed a protocol to the treaty on May 2, 2001, 
which would grant Danes eligibility for E-2 visas. That protocol is 
currently before the Senate Foreign Affairs Committee. However, since 
the Judiciary Committee began insisting in 2003 that trade agreements 
and treaties no longer contain immigration provisions, the Danish 
embassy has requested a grant of E-2 privileges through the normal 
legislative process.
  H.R. 3647 would grant those privileges to Denmark. I support that 
grant of such privileges and therefore support H.R. 3647.
  Madam Speaker, I yield back the balance of my time.
  Mr. SENSENBRENNER. Madam Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore (Mrs. Capito). The question is on the motion 
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the 
House suspend the rules and pass the bill, H.R. 3647, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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