[House Report 107-579]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-579

======================================================================



 
                  FOR THE RELIEF OF ANISHA GOVEAS FOTI

                                _______
                                

  July 16, 2002.--Referred to the Private Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2245]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2245) for the relief of Anisha Goveas Foti, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     1
Hearings.........................................................     2
Committee Consideration..........................................     2
Vote of the Committee............................................     2
Committee Oversight Findings.....................................     2
Performance Goals and Objectives.................................     2
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Constitutional Authority Statement...............................     3
Section-by-Section Analysis and Discussion.......................     3
Agency Views.....................................................     4
Markup Transcript................................................     5

                          Purpose and Summary

    H.R. 2245 would allow Anisha Goveas Foti to adjust her 
status to that of permanent resident.

                Background and Need for the Legislation

    Anisha Goveas Foti is from India. Seth Foti was a 
diplomatic courier for the State Department. Anisha was a 
travel agent for World Travel Service in Bahrain and was 
assigned to the travel office in the American Embassy in June 
1999. Because Anisha handled all the travel arrangements for 
the courier office, she and Seth saw each other frequently and 
began a romantic relationship in October 1999. Just after 
January 1, 2000, Seth asked Anisha to marry him. They were 
married on June 3, 2000--1 day after the waiting period 
required by State Department regulations concerning marriages 
between U.S. nationals in the foreign service and foreign 
nationals. Seth Foti filled out all the documents to adjust the 
status of Anisha. On August 23, 2000, Seth Foti was killed in 
the crash of Gulf Air 072.
    I.N.A. regulations concerning the untimely death of a 
sponsoring spouse allow for a waiver of the 2 year marriage 
requirement only if the individual's petition for conditional 
permanent residence had been approved prior to the death. The 
interview for approval of Mrs. Foti's petition for conditional 
permanent residence had not been scheduled before Mr. Foti was 
killed on August 23, 2000. Had the interview occurred, Mrs. 
Foti would have been eligible for that waiver. Although the 
occurrence of death prior to 2 years of marriage is rare, the 
waiver is routinely given for humanitarian reasons in a case of 
this type if the petition for conditional permanent residence 
has been approved.
    By all accounts this was a legitimate marriage, and it is 
through no fault of her own that Mrs. Foti has not met the 
marriage requirements of the I.N.A. This case mirrors several 
other private laws enacted in the last few years.

                                Hearings

    No hearings were held on H.R. 2245.

                        Committee Consideration

    On April 17, 2002, the Subcommittee on Immigration and 
Claims met in open session and ordered favorably reported the 
bill H.R. 2245, by voice vote, a quorum being present. On July 
10, 2002, the Committee met in open session and ordered 
favorably reported the bill H.R. 2245 without amendment by 
voice vote, a quorum being present.

                         Vote of the Committee

    There were no recorded votes taken on H.R. 2245.

                      Committee Oversight Findings

    In compliance with clause (3)(c)(1) of rule XIII 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.

                    Performance Goals and Objectives

    H.R. 2245 allows the beneficiary to become a permanent 
resident of the United States.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House rule XIII 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. 2245, 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, July 11, 2002.
Hon. F. James Sensenbrenner, 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. 2245, a bill for 
the relief of Anisha Goveas Foti.
    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,
                                  Dan L. Crippen, Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member
H.R. 2245--A bill for the relief of Anisha Goveas Foti.
    H.R. 2245 would make Anisha Goveas Foti eligible for 
permanent U.S. residence. CBO estimates that enacting this 
legislation would have no significant impact on the Federal 
budget. H.R. 2245 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 
Peter H. Fontaine, Deputy Assistant Director for Budget 
Analysis.

                   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 1, Section 8, Clause 4 of the 
Constitution.

               Section-by-Section Analysis and Discussion

      SECTION 1. PERMANENT RESIDENT STATUS FOR ANISHA GOVEAS FOTI

    Section 1(a) states that Anisha Goveas Foti will be 
eligible for issuance of an immigrant visa or for adjustment of 
status to permanent resident once an application is filed for 
issuance of an immigrant visa under section 204 of the 
Immigration and Naturalization Act or an application is filed 
for adjustment of status to lawful permanent resident.
    Section 1(b) states that if Anisha Goveas Foti enters the 
United States prior to the 2-year filing deadline, that entry 
shall be considered lawful. She will be eligible for adjustment 
of status under section 245 of the Immigration and 
Naturalization Act.
    Section 1(c) states that any application for an immigrant 
visa or adjustment of status by the beneficiary must be filed 
with the applicable fees within 2 years of the date of 
enactment of the bill.
    Section 1(d) indicates that once the beneficiary receives 
either an immigrant visa or permanent residence, the Secretary 
of State is required to reduce by 1 the number of immigrant 
visas that year or the next of the country of the beneficiary's 
birth.

                              Agency Views

    The comments of the Immigration and Naturalization Service 
on H.R. 2245 are as follows:

 MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE 
                          FILES RE: H.R. 2245

    The beneficiary, whose correct name is Anisha Olivia GOVEAS 
FOTI, a native and citizen of India, was born on November 25, 
1974, in Bangalore, India. Mrs. Goveas Foti resides at 2251 
Pimmit Drive, Falls Church, Virginia 22043. Mrs. Goveas Foti is 
currently working as a teacher at Langley Elementary School, 
McLean, Virginia 22101. Mrs. Goveas Foti completed a secondary 
school level education in India. Mrs. Goveas Foti obtained a 
Bachelor of Arts degree in History, Economics, and Political 
Science at Mount Carmel College, Bangalore University, 
Bangalore, India. She received a postgraduate diploma in Travel 
and Tourism at Sophia B.K. Somani Polytechnic, Mumbai Bombay, 
India.
    The beneficiary's mother, Irene Dzousa Goveas and father, 
Jerome Goveas, are both natives and citizens of India. The 
beneficiary has three (3) siblings, two (2) sisters and one (1) 
brother.
    Mrs. Goveas Foti's eldest sister, Bathsheba Goveas is a 
native of India and a citizen of Canada. Mrs. Goveas Foti's 
youngest sister, Natasha Goveas and her brother, Reginald 
Goveas are both natives and citizens of India. The beneficiary 
has no immediate family relatives residing in the United 
States, except for her father-in-law and her mother-in-law.
    The beneficiary was married to a United States citizen, 
Seth Foti, but due to unfortunate circumstances, Mrs. Goveas 
Foti's United States citizen husband perished in an airplane 
crash while performing official duties for the United States 
Government.

                           Markup Transcript



                            BUSINESS MEETING

                        WEDNESDAY, JULY 10, 2002

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:17 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    Chairman Sensenbrenner. The Committee will be in order. A 
working quorum is present.

           *         *         *         *         *

    The next item on the agenda is the consideration of two 
private bills, H.R. 2245 and S. 1834, which, without objection, 
will be considered en bloc.
    The Chair recognizes the gentleman from Pennsylvania for a 
motion.
    Mr. Gekas. Mr. Chairman, the Subcommittee on Immigration, 
Border Security, and Claims reports favorably the bills H.R. 
2245 and S. 1834, and moves their favorable recommendation to 
the full House.
    Chairman Sensenbrenner. Without objection, the bills will 
be considered as read and open for amendment at any point.
    [The bill, H.R. 2245, follows:]
    
    
    Chairman Sensenbrenner. The Chair recognizes the gentleman 
from Pennsylvania to strike the last word.
    Mr. Gekas. I thank the Chair.
    The first bill is for Anisha Foti, the widow of Seth Foti, 
a State Department diplomatic courier. The Fotis were married 
on June 3, 2000. On August the 23rd, 2000, Seth FotI was killed 
in the crash of Gulf Air 072. Although Seth Foti had filled out 
all the documents to adjust Anisha's status immigration--
Anisha's status, immigration regulations concerning the 
untimely death of a sponsoring spouse allow for a waiver of the 
2-year marriage requirement only if the individual's petition 
had been approved prior to the death. The interview for 
approval of Anisha's petition had not been scheduled before Mr. 
Foti was killed. This was a legitimate marriage, and through no 
fault of her own that Mrs. Foti has not yet met the marriage 
requirement. This case mirrors several other private laws 
enacted in the last few years.
    The second bill is for the Benoit family. Their 3-year-old 
son died after falling out of a seventh-floor window of a 
military apartment because of a faulty screen. An autopsy was 
performed, during which several of the boy's organs were 
disposed of, contrary to the family's religious beliefs. The 
family appealed. The Army admitted fault and awarded the family 
a total of $70,000. After several denied appeals, the Senate 
passed a resolution referring the matter to the Court of 
Federal Claims for determination of an appropriate award in the 
case.
    In July 2000, the court found the case constituted an 
equitable claim and recommended that the Benoits be awarded 
$485,000 minus the $70,000. S. 1834, the second bill here, 
would pay the claimants $415,000 to satisfy that equitable 
claim.
    Chairman Sensenbrenner. The gentlewoman from Texas, Ms. 
Jackson Lee?
    Ms. Jackson Lee. I think these are constructive and 
important actions that will make whole individuals that 
suffered under the Government's action. Mr. Foti was a 
diplomatic courier and was tragically killed on the job just 2 
months after he married his wife. H.R. 2245 was brought to us 
by Representative Tom Lantos, and I ask our colleagues to 
support it. And S. 1834, as the Chairman of the Subcommittee 
indicated, it's relief for retired Sergeant First Class Benoit. 
This bill would pay the claimants $415,000 to satisfy their 
equitable claim, and this was recommended by the Court of 
Federal Claims. This was the loss of the family's 3-year-old 
son who died after falling out of a seventh-floor window of a 
military apartment because of a faulty screen. I would ask that 
my colleagues support this legislation unanimously.
    I yield back. Thank you.
    Chairman Sensenbrenner. Without objection, Members may 
include opening statements in the record on either bill at this 
point.
    Are there amendments? If there are no amendments, the 
question occurs on the motion. The Chair notes the presence of 
a reporting quorum. The question occurs on the motion to report 
H.R. 2245 and S. 1834 favorably. Those in favor will say aye. 
Opposed, no.
    The ayes appear to have it. The ayes have it. The motion to 
report favorably is adopted.
    Without objection, the Chairman is authorized to move to go 
to conference pursuant to House rules. Without objection, the 
staff is directed to make any technical and conforming changes, 
and all Members will be given 2 days, as provided by House 
rules, in which to submit additional dissenting, supplemental, 
or minority views.

                                  
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