[Congressional Record Volume 143, Number 132 (Monday, September 29, 1997)]
[House]
[Pages H8060-H8061]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        PERMANENT ENTRY AUTHORITY FOR CERTAIN RELIGIOUS WORKERS

  Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass 
the Senate bill (S. 1198) to amend the Immigration and Nationality Act 
to provide permanent authority for entry into the United States of 
certain religious workers, as amended.
  The Clerk read as follows:

                                S. 1198

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

     SECTION 1. 3-YEAR EXTENSION OF SPECIAL IMMIGRANT RELIGIOUS 
                   WORKER PROGRAM.

       (a) 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 ``1997,'' each place it appears and 
     inserting ``2000,''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act.

     SEC. 2. WAIVER OF NONIMMIGRANT VISA FEES FOR CERTAIN 
                   CHARITABLE PURPOSES.

       (a) In General.--Section 281 of the Immigration and 
     Nationality Act (8 U.S.C. 1351) is amended by adding at the 
     end the following new sentence: ``Subject to such criteria as 
     the Secretary of State may prescribe including the duration 
     of stay of the alien and the financial burden upon the 
     charitable organization, the Secretary of State shall waive 
     or reduce the fee for application and issuance of a 
     nonimmigrant visa for any alien coming to the United States 
     primarily for, or in activities related to, a charitable 
     purpose involving health or nursing care, the provision of 
     food or housing, job training, or any other similar direct 
     service or assistance to poor or otherwise needy individuals 
     in the United States.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act.

     SEC. 3. 6-MONTH EXTENSION OF DEADLINE FOR DESIGNATION OF 
                   EFFECTIVE DATE FOR PAPERWORK CHANGES IN 
                   EMPLOYER SANCTIONS PROGRAM.

       (a) In General.--Section 412(e)(1) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (Public law 104-208; 110 Stat. 3009-668) is amended by 
     striking ``12'' and inserting ``18''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas [Mr. Smith] and the gentleman from California [Mr. Condit] each 
will control 20 minutes.
  The Chair recognizes the gentleman from Texas [Mr. Smith].


                             General Leave

  Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I am happy to have played a role in the creation of the 
Religious Worker Immigrant Visa Program in 1990. I support these visas 
since they allow American religious denominations, large and small, to 
benefit by the addition of committed religious workers from overseas.
  The visa program expires at the end of the fiscal year, September 30. 
This substitute amendment to S. 1198 extends the program for 3 
additional years, until October 2000.
  When the program was created, a sunset date was included because of 
congressional concerns about potential fraud. Recently, the Immigration 
and Naturalization Service and the State Department have strongly 
indicated that these earlier concerns about fraud have, in fact, proved 
warranted.
  The State Department's assistant secretary of state for consular 
affairs wrote to me the Department has, quote, uncovered a troubling 
number of scams, both individual and organized, seeking to exploit this 
category to obtain immigration benefits illegally.
  Most problematic are those cases that involved organized fraud rings 
in which documents or religious institutions in the United States are 
fabricated or when the applicant colludes with a member of a religious 
institution in the United States to misrepresent either his or her 
qualifications with the position to which the applicant is destined.
  The American Embassy in Moscow discovered a fraud ring in New York 
which fabricated documentation of several religious denominations in 
New York City on behalf of applicants who had no religious training and 
no intention of taking up religious occupations in the United States. 
Several consular offices have reported suspicions that some churches in 
the United States have created fictitious positions solely to help an 
alien procure an immigration benefit, end quote.
  Extending the program for another 3 years will allow for further 
investigation of the misuse of religious worker visas. We will have 
time to accomplish what the State Department considers prudent; that 
is, quote, to follow this program closely to see what new fraud 
patterns emerge and what new tools the Department may need to deter 
them, end quote.
  It is in everyone's interest to combat fraud for, as the State 
Department notes, quote, for the first time we will reach the statutory 
limit of 5,000 religious worker immigrant visas this fiscal year. Any 
future growth in the use of the program will cause the development of a 
waiting list. This will mean that each visa fraudulently obtained will 
delay the issuance of an immigrant visa to legitimate religious 
workers, end quote.
  This substitute amendment to S. 1198 also includes a provision added 
to the Senate bill by Senator Hatch. The provision would allow the 
Secretary of State to waive or reduce visa processing fees for aliens 
coming to the United States for purposes involving health or nursing 
care, the providing of food or housing, job training, or any other 
similar direct service or assistance to the poor and needy here in the 
United States.
  Lastly, S. 1198 extends the time period last year's immigration bill 
gave

[[Page H8061]]

the INS to reduce the number of documents acceptable for employment 
verification purposes. The INS informs us that the agency cannot, 
within the original deadline of the end of the month, issue appropriate 
regulations and properly educate employers. The bill, therefore, grants 
the INS a 6-month extension of that deadline.
  Mr. Speaker, I urge my colleagues to vote in support of the 
substitute amendment to S. 1198.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CONDIT. Mr. Speaker, I rise in support of the bill, as amended.
  (Mr. CONDIT asked and was given permission to revise and extend his 
remarks.)
  Mr. CONDIT. Mr. Speaker, on behalf of the gentleman from North 
Carolina [Mr. Watt] I rise in support.

                              {time}  1215

  There are some difficulties with the bill. There are some Members on 
this side of the aisle who would have preferred for us to have a 
permanent extension, and the Senate did pass a permanent extension, but 
we have worked together in a bipartisan way. We understand the White 
House would prefer it to be permanent, but they are in support of 
however we can work it out over here. So I rise in behalf of the 
gentleman from North Carolina [Mr. Watt] in support of the bill today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I wish to thank the gentleman from 
California [Mr. Condit] for his comments and his support for this bill.
  Ms. LOFGREN. Mr. Speaker, I intend to support S. 1198 as substituted 
by the gentleman from Texas.
  The availability of visas for religious workers to come and do good 
in our country is important. We all agree on that.
  I would prefer a permanent extension of these visas, but can vote for 
Chairman Smith's 3-year extension before us today.
  I recommend that my colleagues join me in supporting this bill.
  Mr. SMITH of Texas. Mr. Speaker, I yield back the balance of my time.
  Mr. CONDIT. Mr. Speaker, I yield back the balance of my time as well.
  The SPEAKER pro tempore [Mr. Upton]. The question on the motion 
offered by the gentleman from Texas [Mr. Smith] that the House suspend 
the rules and pass the Senate bill, S. 1198, as amended.
  The question was taken.
  Mr. TRAFICANT. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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