[House Report 110-589]
[From the U.S. Government Publishing Office]



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

           *       *       *       *       *       *       *


                                  
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