[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.