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106th Congress Report
1st Session HOUSE OF REPRESENTATIVES 106-364
FOR THE RELIEF OF BELINDA MCGREGOR
October 5, 1999.--Referred to the Private Calendar and ordered to be
Mr. Smith of Texas, from the Committee on the Judiciary, submitted the
R E P O R T
[To accompany S. 452]
The Committee on the Judiciary, to whom was referred the
bill (S. 452) for the relief of Belinda McGregor, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
TABLE OF CONTENTS
Purpose and Summary........................................ 1
Background and Need for the Legislation.................... 1
Committee Consideration.................................... 2
Committee Oversight Findings............................... 2
Committee on Government Reform Findings.................... 2
New Budget Authority and Tax Expenditures.................. 3
Committee Cost Estimate.................................... 3
Constitutional Authority Statement......................... 3
Agency Views............................................... 3
Purpose and Summary
This bill would deem Belinda McGregor to have been selected
for a diversity immigrant visa for fiscal year 2000.
Background and Need for the Legislation
Belinda McGregor, a citizen of the United Kingdom, filed an
application for the 1995 Diversity Visa program. Her husband, a
zen of Ireland, filed a separate application at the same time.
As the spouse of an Irish citizen, Ms. McGregor was eligible
for the diversity program. Ms. McGregor's application was among
those selected to receive a diversity visa in 1995. When the
National Visa Center received the application, the clerk
erroneously assumed that Belinda McGregor was not eligible for
a visa because of her United Kingdom citizenship, and attempted
to remedy the problem by replacing Ms. McGregor's name in the
computer with that of her husband, a Irish citizen.
Mr. McGregor was informed that he had been selected in the
diversity program, and that additional documents were required.
He sent the additional documents. When the National Visa Center
received his completed information, it was discovered that his
wife's name had been replaced with his and the application was
placed back in her name. The National Visa Center never
informed Ms. McGregor that she had been selected and as a
result she never provided the requisite information before the
September 1995 deadline. Her visa number was given to another
Ms. McGregor was unfairly denied the 1995 diversity visa
due to a series of errors by the National Visa Center.
Unfortunately, the Center does not have the legal authority to
rectify its mistake, and a private bill is needed to allow Ms.
McGregor the visa to which she was entitled in 1995.
The committee's Subcommittee on Immigration and Claims held
no hearings on S. 452.
On September 30, 1999, the Subcommittee on Immigration and
Claims met in open session and ordered favorably reported the
bill S. 452, without amendment by voice vote, a quorum being
On October 5, 1999, the Committee on the Judiciary met in
open session and ordered reported favorably the bill S. 452
without amendment by 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 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
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.
Committee Cost Estimate
In compliance with clause 3(d)(2) of rule XIII of the Rules
of the House of Representatives, the committee believes that
the bill would have no significant impact on the Federal
budget. S. 452 could have a very small effect on fees collected
by the Immigration and Naturalization Service. This is based on
the Congressional Budget Office cost estimate on S. 1304 in the
105th Congress, the predecessor to S. 452. That Congressional
Budget Office cost estimate follows:
Congressional Budget Office,
Washington, DC, July 20, 1998.
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 S. 1304, an act for the
relief of Belinda McGregor.
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.
June E. O'Neill Director.
S. 1304--An act for the relief of Belinda McGregor.
S. 1304 would grant permanent residence to Belinda
McGregor. CBO estimates that enacting this legislation would
have no significant impact on the Federal budget. S. 1304 could
have a very small effect on fees collected by the Immigration
and Naturalization Service, which are classified as direct
spending, so pay-as-you-go procedures would apply.
The CBO staff contact for this estimate is Mark Grabowicz,
who can be reached at 226-2860. This estimate was approved by
Paul N. Van de Water, Assistant Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to rule XI, clause 2(1)(4) of the Rules of the
House of Representatives, the committee finds the authority for
this legislation in Article 1, Section 8, Clause 4 of the
The comments of the Immigration and Naturalization Service
on S. 452 are as follows:
U.S. Department of Justice,
Immigration and Naturalization Service,
Washington, DC, August 4, 1999.
Hon. Orrin Hatch, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: This is in reference to your request for
a report relative to S. 452, a bill for the relief of Belinda
The bill would grant the beneficiary held and considered to
have been selected for a diversity immigrant visa for fiscal
year 1999 as of the date of the enactment of the Immigration
and Nationality Act, upon payment of the required visa fee. The
bill would also direct the proper visa number deduction.
Allen Erenbaum, Director, Congressional Relations.
Memorandum of information from immigration and naturalization service
files re: s.452
The beneficiary, Belinda McGregor, was born on April 4,
1958, in Vienna, Austria. Ms. McGregor has dual citizenship
status of Austria and Great Britain. Ms. McGregor resides at
900 West Bitner Road, Apt. #T-11, Park City, Utah. Ms. McGregor
has been employed by Sundance Catalog Company in Salt Lake
City, Utah since January 1999, with an income of about $28,000
Service files indicate that Ms. McGregor submitted an
application for a 1995 Diversity Visa Program. The application
was mishandled by the National Visa Center because of confusion
over Ms. McGregor's dual citizenship. Ms. McGregor has made
numerous entries into the United States over the last 15 years.
She last entered the United States at San Francisco, California
on October 22, 1997, as a visitor for pleasure (B-2). Ms.
McGregor was authorized to stay in the United States until
March 2, 1998. Ms. McGregor was granted deferred action on
September 22, 1998.
The beneficiary married David McGregor, a citizen of
Ireland, on August 24, 1990, in Dublin, Ireland. This marital
union resulted in two children. The oldest child, Ronald
McGregor, was born on January 30, 1983 in Vienna, Austria.
Ronald resides in Vienna, Austria, but visits his mother in
Park City, Utah often. The younger child, Caeylin Dane
McGregor, was born on July 18, 1991, in Vienna, Austria.
Caeylin resides with the beneficiary in Park City, Utah.
Responses to national agency checks were negative. The
beneficiary has not performed military service in the United