[House Report 105-410]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-410
_______________________________________________________________________


 
               NATO SPECIAL IMMIGRANT AMENDMENTS OF 1997

                                _______
                                

February 3, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Smith of Texas, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 429]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 429) to amend the Immigration and Nationality Act to 
provide for special immigrant status for NATO civilian 
employees in the same manner as for employees of international 
organizations, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                           TABLE OF CONTENTS

                                                               Page

                                                                   
Purpose and Summary........................................     2
Background and Need for the Legislation....................     2
Hearings...................................................     4
Committee Consideration....................................     4
Committee Oversight Findings...............................     4
Committee on Government Reform and Oversight Findings......     4
New Budget Authority and Tax Expenditures..................     5
Congressional Budget Office Estimate.......................     5
Section-by-Section Analysis and Discussion.................     6
Agency Vews................................................     6
Changes in Existing Law Made by the Bill, as Reported......     6

                          Purpose and Summary

    H.R. 429, introduced by U.S. Representative Owen Pickett, 
would add the North Atlantic Treaty Organization (``NATO'') to 
the list of organizations of which certain employees in the 
United States and their family members are eligible for special 
immigrant visas.

                Background and Need for the Legislation

I. Officers and Employees of International Organizations as Special 
        Immigrants
    The Immigration and Nationality Act makes available 9,940 
immigrant visas a year for ``special immigrants,'' a category 
that includes many different types of aliens, including 
ministers and other religious workers, long-time employees and 
retired employees of the U.S. government abroad, long-time 
members of the U.S. Armed Forces, and long-time employees in 
the United States of certain international organizations.\1\ 
There is currently no backlog of applicants for special 
immigrant visas (except for certain religious workers).
---------------------------------------------------------------------------
    \1\ INA sec. 101(a)(27).
---------------------------------------------------------------------------
    The category regarding international organizations 
encompasses officers and employees and certain immediate family 
members of organizations ``entitled to enjoy privileges, 
exemptions, and immunities as . . . international 
organization[s] under the International Organizations 
Immunities Act . . . .'' \2\
---------------------------------------------------------------------------
    \2\ INA sec. 101(a)(15)(G)(i). Currently qualifying organizations 
include the African Development Bank, the African Development Fund, the 
Asian Development Bank, the Border Environment Cooperation Commission, 
the Caribbean Organization, the Commission for Environmental 
Cooperation, the Commission for Labor Cooperation, the Commission for 
the Study of Alternatives to the Panama Canal, the Customs Cooperation 
Council, the European Bank for Reconstruction and Development, the 
European Space Agency, the Food and Agriculture Organization, the Great 
Lakes Fishery Commission, the Inter-American Defense Board, the Inter-
American Development Bank, the Inter-American Institute for Cooperation 
on Agriculture, the Inter-American Investment Corporation, the Inter-
American Statistical Institute, the Inter-American Tropical Tuna 
Commission, the International Atomic Energy Agency, the International 
Bank for Reconstruction and Development, the International Boundary and 
Water Commission, the International Center for Settlement of Investment 
Disputes, the International Civil Aviation Organization, the 
International Coffee Organization, the International Committee for the 
Red Cross, the International Cotton Advisory Committee, the 
International Criminal Police Organization (INTERPOL), the 
International Development Association, the International Development 
Law Institute, the International Fertilizer Development Center, the 
International Finance Corporation, the International Food Policy 
Research Institute, the International Fund for Agricultural 
Development, the International Hydrographic Bureau, the International 
Joint Commission--United States and Canada, the International Labor 
Organization, the International Maritime Organization, the 
International Maritime Satellite Organization, the International 
Monetary Fund, the International Organization for Migration, the 
International Pacific Halibut Commission, the International Secretariat 
for Volunteer Service, the International Telecommunications Satellite 
Organization, the International Telecommunication Union, the 
International Union for Conservation of Nature and Natural Resources, 
the International Wheat Advisory Committee, the Israel-United States 
Binational Industrial Research and Development Foundation, the Korean 
Peninsula Energy Development Organization, the Multinational Force and 
Observers, the Multilateral Investment Guarantee Agency, the North 
American Development Bank, the North Pacific Anadromous Fish 
Commission, the North Pacific Marine Science Organization, the 
Organization of African Unity, the Organization of American States, the 
Organization of Eastern Caribbean States, the Organization for Economic 
Cooperation and Development, the Pacific Salmon Commission, the Pan 
American Health Organization, the South Pacific Commission, the United 
International Bureau for the Protection of Intellectual Property, the 
United Nations, the United Nations Educational, Scientific, and 
Cultural Organization, the United Nations Industrial Development 
Organization, the Universal Postal Union, the World Health 
Organization, the World Intellectual Property Organization, the World 
Meteorological Organization, and the World Tourism Organization.
---------------------------------------------------------------------------
    Currently qualifying individuals currently include:

          [1] an immigrant who is a retired officer or employee 
        of such an international organization, and who (I) 
        while maintaining status of a nonimmigrant under 
        paragraph (15)(G)(iv), \3\ has resided and been 
        physically present in the United States for periods 
        totaling at least one-half of the seven years before 
        the date of application for a visa or adjustment of 
        status to a status under this subparagraph and for a 
        period or periods aggregating at least 15 years before 
        the date of the officer or employee's retirement from 
        any such international organization, and (II) files a 
        petition for status under this subparagraph no later 
        than six months after the date of such retirement . . . 
        .\4\
---------------------------------------------------------------------------
    \3\ Officers and employees of qualifying organizations, and their 
family members, come to the United States pursuant to section 
101(a)(15)(G)(iv) of the INA and with ``G-4'' nonimmigrant visas. 22 
C.F.R. sec. 41.12.
    \4\ INA sec. 101(a)(27)(I)(iii).
---------------------------------------------------------------------------
          [2] an immigrant who is the spouse of a retired 
        officer or employee accorded the status of special 
        immigrant under [1], accompanying or following to join 
        such retired officer or employee as a member of his 
        immediate family . . . .\5\
---------------------------------------------------------------------------
    \5\ INA sec. 101(a)(27)(I)(iv).
---------------------------------------------------------------------------
          [3] an immigrant who is the unmarried son or daughter 
        of an officer or employee, or of a former officer or 
        employee, of [such an organization], and who (I) while 
        maintaining the status of a nonimmigrant under 
        paragraph (15)(G)(iv) or paragraph (15)(N), \6\ has 
        resided and been physically present in the United 
        States for periods totaling at least one-half of the 
        seven years before the date of application for a visa 
        or for adjustment of status to a status under this 
        subparagraph and for a period or periods aggregating at 
        least seven years between the ages of five and 21 
        years, and (II) applies for a visa or adjustment of 
        status under this subparagraph no later than his 
        twenty-fifth birthday . . . .\7\
---------------------------------------------------------------------------
    \6\ Children of officers and employees of qualifying international 
organizations can come to the United States pursuant to section 
101(a)(15)(G)(iv) of the INA and with ``G-4'' nonimmigrant visas. 22 
C.F.R. sec. 41.12. Children of special immigrants under clauses (ii)-
(iv) of section 101(a)(27)(I) of the INA, and children of parents of 
such immigrants, can come to the United States pursuant to section 
101(a)(15)(N)(ii) of the INA and with ``N-9'' nonimmigrant visas. 22 
C.F.R. sec. 41.12.
    \7\ INA sec. 101(a)(27)(I)(i).
---------------------------------------------------------------------------
          [4] an immigrant who is the surviving spouse of a 
        deceased officer or employee of such an international 
        organization, and who (I) while maintaining the status 
        of a nonimmigrant under paragraph (15)(G)(iv) or 
        paragraph (15)(N), \8\ has resided and been physically 
        present in the United States for periods totaling at 
        least one-half of the seven years before the date of 
        application for a visa or for adjustment of status to a 
        status under this subparagraph and for a period or 
        periods aggregating at least 15 years before the date 
        of the death of such officer or employee, and (II) 
        files a petition for status under this subparagraph no 
        later than six months after the date of such death. . . 
        .\9\
---------------------------------------------------------------------------
    \8\ Spouses of officers and employees of qualifying international 
organizations can come to the United States pursuant to section 
101(a)(15)(G)(iv) of the INA and with ``G-4'' nonimmigrant visas. 22 
C.F.R. sec. 41.12. Parents of special immigrants under section 
101(a)(27)(I)(i) of the INA, while the special immigrants are still 
children, can come to the United States pursuant to section 
101(a)(15)(N)(i) and with ``N-8'' visas. 22 C.F.R. sec. 41.12.
    \9\ INA sec. 101(a)(27)(I)(ii).
---------------------------------------------------------------------------
II. H.R. 429
    H.R. 429 would make civilian NATO employees and their 
immediate family members \10\ eligible for special immigrant 
visas on the same terms as are officers and employees and their 
immediate family members of qualifying international 
organizations.
---------------------------------------------------------------------------
    \10\ Civilian employees of NATO and their families enter the U.S. 
with ``NATO-6'' visas. 22 C.F.R. sec. 41.12.
---------------------------------------------------------------------------
    NATO was established in 1949 to provide for the common 
defense of 16 nations, primarily against the Soviet Union and 
its satellite states. Original members were Belgium, Britain, 
Canada, Denmark, France, Iceland, Italy, Luxembourg, the 
Netherlands, Norway, Portugal, and the United States. Joining 
later were Greece, Turkey, West Germany (now Germany), and 
Spain. NATO played an integral role in the keeping of the peace 
in Europe in the decades after World War II and in the West's 
victory in the Cold War. Long-serving foreign employees of NATO 
in the United States provided dedicated service to the 
organization and they and their families deserve to be eligible 
for the same immigration benefits as are analogous employees of 
international organizations.

                                Hearings

    The Committee's Subcommittee on Immigration and Claims held 
one day of hearings on H.R. 429 on May 13, 1997. Testimony was 
received from Owen Pickett, Paul Virtue, Acting Executive 
Commissioner for Programs, U.S. Immigration and Naturalization 
Service, and Colin Wright, NATO Civilian Coalition.

                        Committee Consideration

    On October 6, 1997, the Subcommittee on Immigration and 
Claims met in open session and ordered reported the bill H.R. 
429, by a voice vote, a quorum being present. On October 29, 
1997, the Committee met in open session and ordered reported 
favorably the bill H.R. 429 without amendment by a voice vote, 
a quorum being present.

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House Rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to the bill, H.R. 429, the following 
estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 4, 1997.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 429, the NATO 
Special Immigrant Amendments of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,

                                           June E. O'Neill, Director.  
    Enclosure.

    cc: Honorable John Conyers, Jr.
         Ranking Minority Member
H.R. 429--NATO Special Immigrant Amendments of 1997
    CBO estimates that enacting H.R. 429 would have no net 
impact on the federal budget. Enacting H.R. 429 would affect 
direct spending, so pay-as-you-go procedures would apply. 
However, we estimate that the amounts involved would be much 
less than $500,000 a year. This legislation contains no new 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act of 1995 and would have no impact 
on the budgets of state, local, or tribal governments.
    H.R. 429 would make certain employees of the North Atlantic 
Treaty Organization and their families eligible for special 
immigrant visas. The bill's provisions would affect about 130 
individuals. The fee for a special immigrant visa is $80, so 
enacting the bill could increase fees collected by the 
Immigration and Naturalization Service (INS) by about $10,000 
over the next several years. The INS would spend the fees as 
direct spending in the year that they are collected, so there 
would be no net budgetary impact from enacting H.R. 429.
    The CBO staff contact for this estimate is Mark Grabowicz, 
who can be reached at 226-2860. This estimate was approved by 
Robert A. Sunshine, Deputy Assistant Director for Budget 
Analysis.
    Pursuant to Rule XI, clause 2(l)(4) of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, section 8, clause 4 of the 
Constitution.

                      Section-by-Section Analysis

Section 1. Short Title
    The Act may be cited as the ``NATO Special Immigrant 
Amendments of 1997.''
Section 2. Special Immigrant Status for Certain NATO Civilian Employees
    Subsection (a) of section 2 of this bill adds a new 
subparagraph (L) to section 101(a)(27) of the INA providing 
that an alien qualifies as a special immigrant if the alien 
would have qualified as an ``international organization'' 
special immigrant pursuant to clauses (i)-(iv) of section 
101(a)(27)(I) of the INA should (1) references in such clauses 
to international organizations (described in section 
101(a)(15)(G)(i) of the INA) be treated as references to NATO, 
(2) references to officers and employees of such organizations 
and the members of their immediate families be treated as 
references to nonimmigrants eligible for ``NATO-6'' visas (as 
members of a civilian component accompanying a force entering 
in accordance with the provisions of the NATO Status-of-Forces 
Agreement, members of a civilian component attached to or 
employed by an Allied Headquarters under the ``Protocol on the 
Status of International Military Headquarters'' set up pursuant 
to the North Atlantic Treaty, or as dependents), and (3) 
references to the Immigration Technical Corrections Act of 1988 
or to the Immigration and Nationality Technical Corrections Act 
of 1994 be treated as references to this bill.
    Section 101(a)(15)(N) of the INA provides that (1) parents 
of those aliens accorded special immigrant status pursuant to 
clause (i) of section 101(a)(27)(I) of the INA (while the 
aliens are children) and (2) children of such parents, or of 
those aliens accorded special immigrant status pursuant to 
clauses (ii)-(iv) of section 101(a)(27)(I), qualify as 
nonimmigrants. Subsection (b) of section 2 of this bill amends 
subparagraph (N) to provide nonimmigrant status to analogous 
parents and children related to individuals accorded special 
immigrant status pursuant to new section 101(a)(27)(L) of the 
INA.

                              Agency Views

    Paul Virtue of the Immigration and Naturalization Service 
testified before the Subcommittee on Immigration and Claims on 
May 13, 1997, that ``[w]e do not oppose this proposal and do 
not foresee any budgetary or resource impact on the Service if 
this bill should be enacted.''

H.L.C.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

           SECTION 101 OF THE IMMIGRATION AND NATIONALITY ACT

                              definitions

    Section 101. (a) As used in this Act--
    (1) * * *
          * * * * * * *
    (15) The term ``immigrant'' means every alien except an 
alien who is within one of the following classes of 
nonimmigrant aliens--
            (A)(i) * * *
          * * * * * * *
            (N)(i) the parent of an alien accorded the status 
        of special immigrant under paragraph (27)(I)(i) (or 
        under analogous authority under paragraph (27)(L)), but 
        only if and while the alien is a child, or (ii) a child 
        of such parent or of an alien accorded the status of a 
        special immigrant under clause (ii), (iii), or (iv) of 
        paragraph (27)(I) (or under analogous authority under 
        paragraph (27)(L));
          * * * * * * *
    (27) The term ``special immigrant'' means--
            (A) * * *
          * * * * * * *
            (J) an immigrant (i) who has been declared 
        dependent on a juvenile court located in the United 
        States or whom a such a court has legally committed to, 
        or placed under the custody of, an agency or department 
        of a State and who has been deemed eligible by that 
        court for long-term foster care, and (ii) for whom it 
        has been determined in administrative or judicial 
        proceedings that it would not be in the alien's best 
        interest to be returned to the alien's or parent's 
        previous country of nationality or country of last 
        habitual residence; except that no natural parent or 
        prior adoptive parent of any alien provided special 
        immigrant status under this subparagraph shall 
        thereafter, by virtue of such parentage, be accorded 
        any right, privilege, or status under this Act; [or]
            (K) an immigrant who has served honorably on active 
        duty in the Armed Forces of the United States after 
        October 15, 1978, and after original lawful enlistment 
        outside the United States (under a treaty or agreement 
        in effect on the date of the enactment of this 
        subparagraph) for a period or periods aggregating--
                    (i) * * *
          * * * * * * *
        and the spouse or child of any such immigrant if 
        accompanying or following to join the immigrant, but 
        only if the executive department under which the 
        immigrant serves or served recommends the granting of 
        special immigrant status to the immigrant[.]; or
            (L) an immigrant who would be described in clause 
        (i), (ii), (iii), or (iv) of subparagraph (I) if any 
        reference in such a clause--
                    (i) to an international organization 
                described in paragraph (15)(G)(i) were treated 
                as a reference to the North American Treaty 
                Organization (NATO);
                    (ii) to a nonimmigrant under paragraph 
                (15)(G)(iv) were treated as a reference to a 
                nonimmigrant classifiable under NATO-6 (as a 
                member of a civilian component accompanying a 
                force entering in accordance with the 
                provisions of the NATO Status-of-Forces 
                Agreement, a member of a civilian component 
                attached to or employed by an Allied 
                Headquarters under the ``Protocol on the Status 
                of International Military Headquarters'' set up 
                pursuant to the North Atlantic Treaty, or as a 
                dependent); and
                    (iii) to the Immigration Technical 
                Corrections Act of 1988 or to the Immigration 
                and Nationality Technical Corrections Act of 
                1994 were a reference to the NATO Special 
                Immigrant Amendments of 1997.
          * * * * * * *

                                
