[DOCID: f:hr589.110]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-589
======================================================================
RELIGIOUS WORKER VISA EXTENSION ACT OF 2008
_______
April 14, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 5570]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 5570) to amend the Immigration and Nationality Act to
eliminate the sunset in the special immigrant nonminister
religious worker visa program, having considered the same,
report favorably thereon with amendments and recommend that the
bill as amended do pass.
CONTENTS
Page
The Amendments................................................... 1
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 5
Constitutional Authority Statement............................... 5
Advisory on Earmarks............................................. 5
Section-by-Section Analysis...................................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
The Amendments
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Religious Worker Visa Extension Act of
2008''.
SEC. 2. SPECIAL IMMIGRANT NONMINISTER RELIGIOUS WORKER PROGRAM.
(a) Regulations.--Not later than December 31, 2008, the Secretary of
Homeland Security shall issue final regulations to eliminate or reduce
fraud in the special immigrant categories described in subclauses (II)
and (III) of section 101(a)(27)(C)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)).
(b) Extensions.--
(1) In general.--Section 101(a)(27)(C)(ii) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) is amended by
striking ``October 1, 2008,'' each place such term appears and
inserting ``January 1, 2010,''.
(2) Conditional further extension.--
(A) In general.--Section 101(a)(27)(C)(ii) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(C)(ii)), as amended by paragraph (1), is
further amended by striking ``January 1, 2010,'' each
place such term appears and inserting ``January 1,
2016,''.
(B) Conditional effective date.--The amendment made
by subparagraph (A) shall take effect on March 1, 2009,
but only if the Secretary of Homeland Security has
complied with subsection (a).
(c) Report.--Not later than September 30, 2010, the Inspector General
of the Department of Homeland Security shall submit to the Congress a
report containing the results of a study of the effectiveness of the
regulations described in subsection (a).
Amend the title so as to read:
A bill to amend the Immigration and Nationality Act with respect
to the special immigrant nonminister religious worker program, and for
other purposes.
Purpose and Summary
H.R. 5570, the Religious Worker Visa Extension Act of 2008,
would reauthorize the Special Immigrant Non-Minister Religious
Worker Program that will sunset on September 30, 2008. The bill
would reauthorize the Program for 7 years, if the Department of
Homeland Security issues regulations to eliminate or reduce
fraud in the Religious Worker Program by December 31, 2008; but
if not, the reauthorization would expire after 15 months. In
addition, H.R. 5570 would require that the Inspector General of
the Department of Homeland Security issue a report on the
effectiveness of the regulations by September 30, 2010.
Background and Need for the Legislation
Non-Minister religious workers are individuals who are
called to a vocation or who are in a traditional religious
occupation with a bona fide nonprofit religious organization in
the United States. Examples of those who are called to a
vocation include nuns, monks, and sisters. Examples of those in
religious occupations include missionaries, counselors,
translators, religious instructors, cantors, and other pastoral
care providers. Some non-minister religious workers may qualify
if they are pursuing studies in a seminary or are otherwise in
formation.
Non-Minister religious workers may enter the United States
on either a non-immigrant visa, known as an ``R visa,'' or an
immigrant visa, known as the ``Special Immigrant Religious
Worker Visa.'' The ``R visa'' is a permanent provision in the
Immigration and Nationality Act.
The Special Immigrant Non-Minister Religious Worker Visa
Program provides for up to 5,000 Special Immigrant visas per
year that religious denominations or organizations in the
United States may use to sponsor foreign nationals to perform
religious service in the United States. Once granted, this type
of visa allows religious workers to immigrate permanently to
the United States.
Since its initial enactment in 1990, the Special Immigrant
Non-Minister Religious Worker Visa Program has been extended
four times, first in 1994, again in 1997 and 2000, and most
recently in 2003. It is currently due to expire on September
30, 2008.
To address concerns about potential use of the Program for
fraudulent purposes, the bill, as amended, requires the
Department of Homeland Security to issue final regulations by
December 31, 2008 for the purpose of eliminating or reducing
fraud in the Program. H.R. 5570 limits the reauthorization
period for the Special Immigrant Non-Minister Religious Worker
Program to only 15 additional months, until January 1, 2010, if
the Department of Homeland Security fails to issue final
regulations by December 31, 2008. If the Department of Homeland
Security does issue such regulations, the Program would be
reauthorized until January 1, 2016. The bill further requires
the Inspector General to issue a report assessing the
effectiveness of these regulations by September 30, 2010.
Hearings
The Committee on the Judiciary held no hearings on H.R.
5570.
Committee Consideration
On March 12, 2008, the Subcommittee on Immigration,
Citizenship, Refugees, Border Security, and International Law
met in open session and ordered the bill, H.R. 5570, favorably
reported, as amended, by a vote of 8 to 1, a quorum being
present. On April 2, 2008, the Committee met in open session
and ordered the bill, H.R. 5570, favorably reported, as
amended, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 5570.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises 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.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 5570, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 14, 2008.
Hon. John Conyers, Jr.,
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. 5570, the
``Religious Worker Visa Extension Act of 2008.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Peter R. Orszag,
Director.
Enclosure.
H.R. 5570--Religious Worker Visa Extension Act of 2008
CBO estimates that implementing H.R. 5570 would have no
significant cost to the Federal Government. Enacting the bill
could affect direct spending, but CBO estimates that any such
effects would not be significant in any year. In addition, we
estimate that enacting H.R. 5570 could increase revenues by
less than $500,000 a year in fiscal years 2009 through 2016.
H.R. 5570 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
H.R. 5570 would extend until January 1, 2010, the
authorization for special immigrant visas for persons who work
in certain religious vocations. In addition, if the Department
of Homeland Security (DHS) issues regulations by January 1,
2009, to reduce fraud related to these visas, then the bill
would extend the authorization for those persons through
January 1, 2016. No more than 5,000 of these visas may be
granted in each fiscal year.
The Department of State collects fees from persons who
apply for such visas from overseas. Under current law, an
application fee of $355 per person is charged by the department
and deposited in the Treasury as a revenue. Based on historical
data from the Department of State, CBO estimates that the
department would process an additional 200 applications
annually and that enacting H.R. 5570 would increase revenues by
less than $500,000 a year in fiscal years 2009 through 2016.
(Based on information from DHS, CBO anticipates that the
department would issue the regulations required by the bill by
January 1, 2009.)
The Department of State also charges a $45 security
surcharge for such visas and, depending on the type of
petition, may charge additional fees for fingerprinting or
affidavits of support. In addition, DHS collects a fee of $375
to process the visa applications submitted by religious workers
and their dependents. All of those fees are classified as
offsetting collections (for the Department of State) or
offsetting receipts (for DHS) and are retained and spent by the
departments. CBO estimates the net budgetary effect of those
increased collections would be less than $500,000 a year.
Finally, some of the additional immigrants admitted under
this legislation could become eligible for certain Federal
benefits, but CBO expects that any increase in direct spending
for benefit programs would not be significant over the 2009-
2018 period.
The CBO staff contacts for this estimate are Mark Grabowicz
(for DHS's costs) and Sunita D'Monte (for the Department of
State's costs). This estimate was approved by Peter H.
Fontaine, Assistant Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
objectives of H.R. 5570 are: (1) to reauthorize the Special
Immigrant Non-Minister Religious Worker Program; and (2) to
reduce possible fraud presented by the Program.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII 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.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 5570 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short title. Section 1 sets forth the short title
of the bill as the ``Religious Worker Visa Extension Act of
2008.''
Sec. 2. Special Immigrant Non-Minister Religious Worker
Program. Subsection (a) of section 2 requires the Secretary of
Homeland Security to issue final regulations to eliminate or
reduce fraud in the religious worker program by December 31,
2008.
Section 2(b) reauthorizes the special immigrant program for
non-minister religious workers until January 1, 2010. If the
Secretary of Homeland Security complies with section (a) by
issuing final regulations by December 31, 2008, then the
Special Immigrant Non-Minister Religious Worker Program is
automatically reauthorized until January 1, 2016.
Section 2(c) requires a report by the Inspector General of
the Department of Homeland Security on the effectiveness of the
regulations required by subsection (a).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) 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 italic, existing law in which no change is
proposed is shown in roman):
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE I--GENERAL
Section 101. (a) As used in this Act--
(1) * * *
* * * * * * *
(27) The term ``special immigrant'' means--
(A) * * *
* * * * * * *
(C) an immigrant, and the immigrant's spouse and
children if accompanying or following to join the
immigrant, who--
(i) * * *
(ii) seeks to enter the United States--
(I) * * *
* * * * * * *
(II) before [October 1, 2008,]
January 1, 2010, in order to work for
the organization at the request of the
organization in a professional capacity
in a religious vocation or occupation,
or
(III) before [October 1, 2008,]
January 1, 2010, in order to work for
the organization (or for a bona fide
organization which is affiliated with
the religious denomination and is
exempt from taxation as an organization
described in section 501(c)(3) of the
Internal Revenue Code of 1986) at the
request of the organization in a
religious vocation or occupation; and
* * * * * * *
[Note: Effective March 1, 2009, section 101(a)(27)(C)(ii) of the
Immigration and Nationality Act is further amended by section
2(b)(2)(A) of H.R. 5570 as follows:]
(C) an immigrant, and the immigrant's spouse and
children if accompanying or following to join the
immigrant, who--
(i) * * *
(ii) seeks to enter the United States--
(I) * * *
* * * * * * *
(II) before [January 1, 2010,]
January 1, 2016, in order to work for
the organization at the request of the
organization in a professional capacity
in a religious vocation or occupation,
or
(III) before [January 1, 2010,]
January 1, 2016, in order to work for
the organization (or for a bona fide
organization which is affiliated with
the religious denomination and is
exempt from taxation as an organization
described in section 501(c)(3) of the
Internal Revenue Code of 1986) at the
request of the organization in a
religious vocation or occupation; and
* * * * * * *
<all>