[House Report 108-271]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-271
======================================================================
TO AMEND THE IMMIGRATION AND NATIONALITY ACT TO EXTEND FOR AN
ADDITIONAL 5 YEARS THE SPECIAL IMMIGRANT RELIGIOUS WORKER PROGRAM
_______
September 16, 2003.--Committed to the Committee of the Whole House on
the State of the Union 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. 2152]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 2152) to amend the Immigration and Nationality Act
to extend for an additional 5 years the special immigrant
religious worker program, 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.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Vote of the Committee............................................ 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 5
Constitutional Authority Statement............................... 5
Section-by-Section Analysis and Discussion....................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Markup Transcript................................................ 6
Purpose and Summary
H.R. 2152 extends the authorization for the special
immigrant religious worker visa until October 1, 2008.
Background and Need for the Legislation
I. IMMIGRANT RELIGIOUS WORKER VISAS
``Special immigrant'' visas are available for a number of
different categories of aliens. One such category is for
religious workers. An alien (along with spouse and children)
can qualify for a special immigrant visa if the alien has been
a member, for the immediately preceding 2 years, of a religious
denomination having a bona fide nonprofit, religious
organization in the United States, seeks to enter the United
States to--
serve as a minister,
serve in a professional capacity in a
religious vocation or occupation at the request of the
organization, or
serve in a religious vocation or occupation
at the request of the organization,
and has been carrying out such work continuously for at least
the prior 2 years.
INS regulations define ``religious occupation'' as
meaning----
an activity which relates to a traditional religious
function. Examples of individuals in religious
occupations include, but are not limited to, liturgical
workers, religious instructors, religious counselors,
cantors, catechists, workers in religious hospitals or
religious health care facilities, missionaries,
religious translators, or religious broadcasters. This
group does not include janitors, maintenance workers,
clerks, fund raisers, or persons solely involved in the
solicitation of donations. \1\
---------------------------------------------------------------------------
\1\ 8 C.F.R. sec. 204.5(m)(2).
INS regulations define ``religious vocation'' as meaning
``a calling to religious life evidenced by the demonstration of
commitment practiced in the religious denomination, such as the
taking of vows. Examples of individuals with a religious
vocation include, but are not limited to, nuns, monks, and
religious brothers and sisters.'' \2\
---------------------------------------------------------------------------
\2\ Id.
---------------------------------------------------------------------------
The two non-minister categories (professional religious
occupation/vocation; religious occupation/vocation) were
created by the Immigration Act of 1990. Because of the fear of
fraudulent or excessive use of these categories, a maximum of
5,000 visas a year was allowed for the two categories. \3\ In
addition, the categories were set to sunset in 1994. In 1994,
the categories were extended to October 1, 1997. In 1997, the
categories were extended to October 1, 2000. In 2000, the
categories were extended to October 1, 2003. \4\
---------------------------------------------------------------------------
\3\ Section 203(b)(4) of the Immigration and Nationality Act.
\4\ See Pub. L. No. 106-409.
---------------------------------------------------------------------------
In fiscal year 2002, 1,413 religious workers became
permanent residents through the special immigrant category (as
did 1,714 spouses and children).
II. H.R. 2152
H.R. 2152 would extend the special immigrant visas for
religious workers (other than ministers) until October 1, 2008.
The Committee has received a letter from many major
religious denominations supporting an extension of these visas.
\5\
---------------------------------------------------------------------------
\5\ See letter from Agudath Israel of America, the Baptist Joint
Committee, Bruderhof Communities, the Catholic Legal Immigration
Network, the Conference of Major Superiors of Men, the First Church of
Christ, Scientist (Boston), the General Council of Seventh Day
Adventists, the Hebrew Immigrant Aid Society, the Lutheran Immigration
and Refugee Service, and the United States Conference of Catholic
Bishops to F. James Sensenbrenner, Jr. (April 11, 2003).
---------------------------------------------------------------------------
The letter provided a number of examples of how religious
denominations rely on the religious worker visas. For example,
``Catholic dioceses rely heavily upon religious sisters,
brothers, and lay missionaries from abroad, who are sponsored
and qualify for these permanent residency visas. Some fill a
growing need in the Catholic Church for those called to
religious vocations. Others provide critical services to local
communities in areas including religious education, and care
for vulnerable populations such as elderly, immigrants,
refugees, abused and neglected children, adolescents and
families at risk.''
In addition, ``Jewish congregations, particularly in remote
areas with small Jewish communities, rely on rabbis, cantors,
kosher butchers, Hebrew school teachers, and other religious
workers who come from abroad through the religious worker
program. Without them, many Jewish communities would be unable
to sustain the institutions and practices that are essential to
Jewish religious and communal life.''
And, ``[o]ther religious denominations, such as the Baptist
Church, the Church of Christ Scientist, the Church of Jesus
Christ of Latter Day Saints, the Lutheran Church, and the
Seventh Day Adventist Church, also rely on the visas to bring
in non-minister religious workers, who, in addition to
providing some of the same services mentioned above, also work
in areas as diverse as teaching in church schools, producing
religious publications, sustaining prison ministries, training
health care professionals to provide religiously appropriate
health care, and performing other work related to a traditional
religious function.''
Hearings
No hearings were held on H.R. 2152.
Committee Consideration
On July 15, 2003, the Subcommittee on Immigration, Border
Security, and Claims met in open session and ordered favorably
reported the bill H.R. 2152, by a voice vote, a quorum being
present. On September 10, 2003, the Committee met in open
session and ordered favorably reported the bill H.R. 2152
without amendment by voice vote, a quorum being present.
Vote of the Committee
In compliance with clause 3(b) of rule XIII of the House of
Representatives, the Comittee notes that there were no recorded
votes during its consideration of H.R. 2152.
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.
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. 2152, 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, September 15, 2003.
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. 2152, a bill to
amend the Immigration and Nationality Act to extend for an
additional 5 years the special immigrant religious worker
program.
If you wish further details on this estimate, we will be
pleased to provide them. The principal CBO staff contact for
this estimate is Mark Grabowicz, who can be reached at 226-
2860.
Sincerely,
Douglas Holtz-Eakin.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 2152--A bill to amend the Immigration and Nationality Act to
extend for an additional 5 years the special immigrant
religious worker program.
H.R. 2152 would affect Federal collections and spending
related to visas and services for certain immigrants, with
effects on both direct spending and revenues. CBO estimates
that the net effect on direct spending would not be significant
in any year, and that revenues would increase by about $2
million a year. H.R. 2152 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act and would impose no significant costs on State,
local, or tribal governments.
H.R. 2152 would extend, through October 1, 2008, the
authorization for special immigrant visas for persons who work
in certain religious vocations. Under current law, such workers
and their families are eligible for special immigrant visas if
they apply by October 1, 2003. No more than 5,000 of these
visas may be granted in each fiscal year.
Because the Bureau of Citizenship and Immigration Services
(BCIS) would charge a fee of $130 for each person that applies
for the special immigrant visa, we estimate that the BCIS would
collect no more than $650,000 annually in additional fees,
which are recorded as offsets against the agency's spending.
The agency is authorized to spend such fees without further
appropriation, and we expect that most of the money would be
spent in the year in which it is collected. Thus, the net
impact on BCIS spending would be negligible.
Increasing the number of visas issued also would increase
the amount of fees collected by the Department of State. Under
current law, a fee of $335 per person is charged by the
department and deposited in the Treasury as revenue. CBO
estimates that, under the bill, the Treasury would collect
about $2 million a year from such fees. In addition, depending
on the type of petition, the department may charge additional
fees for fingerprinting or affidavits of support. Those fees
are classified as offsetting collections and are retained by
the department to pay for its consular programs. CBO estimates
the net budgetary effect of increases in those fees would be
less than $500,000 a year.
Finally, some of the additional immigrants could become
eligible for certain Federal benefits, but CBO expects that any
increase in direct spending for benefit programs would not be
significant.
The CBO staff contacts for this estimate are Mark Grabowicz
(for BCIS costs), who can be reached at 226-2860, and Sunita
D'Monte (for State Department costs), who can be reached at
226-2840. This estimate was approved by Peter H. Fontaine,
Deputy Assistant Director for Budget Analysis.
Performance Goals and Objectives
H.R. 2152 does not authorize funding. Therefore, clause
3(c)(4) of Rule XIII of the Rules of the House of
Representatives is inapplicable.
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 of the Constitution.
Section-by-Section Analysis and Discussion
Section 1. Extension of Special Immigrant Religious Worker Program.
Section 1(a) of the bill amends section 101(a)(27)(C)(ii)
of the Immigration and Nationality Act to extend the
authorization until October 1, 2008, for special immigrant
visas for aliens who will work for religious organizations in
religious vocations or occupations.
Section 1(b) specifies that the changes to law made by the
bill shall take effect on October 1, 2003.
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 italics, existing law in which no change
is proposed is shown in roman):
SECTION 101 OF THE IMMIGRATION AND
NATIONALITY ACT
definitions
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) solely for the purpose of
carrying on the vocation of a minister
of that religious denomination,
(II) before October 1, [2003,]
2008, 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, [2003,]
2008, 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
* * * * * * *
Markup Transcript
BUSINESS MEETING
WEDNESDAY, SEPTEMBER 10, 2003
House of Representatives,
Committee on the Judiciary,
Washington, DC.
The Committee met, pursuant to notice, at 10:07 a.m., in
Room 2141, Rayburn House Office Building, Hon. F. James
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
[Intervening business.]
Chairman Sensenbrenner. The next item on the agenda is the
adoption of H.R. 2152 to amend the Immigration and Nationality
Act to extend for an additional 5 years the Special Immigrant
Religious Worker Program.
[The bill, H.R. 2152, follows:]
Chairman Sensenbrenner. The chair recognizes the gentleman
from Indiana, Mr. Hostettler, the Chairman of the Subcommittee
on Immigration, Border Security, and Claims.
Mr. Hostettler. Thank you, Mr. Chairman.
The Religious Worker, Immigrant and Visa----
Chairman Sensenbrenner. Does the gentleman have a motion
first?
Mr. Hostettler. Yes. Mr. Chairman, the Subcommittee on
Immigration, Border Security, and Claims reports favorably the
bill H.R. 2152 and moves its favorable recommendation to the
full House.
Chairman Sensenbrenner. Without objection, the bill will be
considered as read and open for amendment at any point.
The chair recognizes the gentleman from Indiana, Mr.
Hostettler, to strike the last word.
Mr. Hostettler. Thank you, once again, Mr. Chairman.
The Religious Worker Immigrant Visa program allows American
religious denominations, large and small, to benefit from
committed religious workers from overseas. The visa program for
nonminister religious workers expires at the end of this fiscal
year and needs to be reauthorized.
An alien, along with spouse and children, can qualify for a
special immigrant visa if the alien has been a member, for the
immediately preceding 2 years, of a religious denomination
having a bona fide, nonprofit religious organization in the
United States, seeks to enter the United States to serve as a
minister, serve in a professional capacity in religious
vocation or occupation at the request of the organization, or
serve in a religious vocation or occupation at the request of
the organization, and has been carrying out such work
continuously for at least the prior 2 years.
The two nonminister religious worker categories were added
by the 1990 immigration bill. Because of the fear of fraudulent
or excessive use of these categories, a maximum of 5,000 visas
a year was allowed for the two categories. In fiscal year 2001,
1,546 religious workers, along with 1,782 spouses and children,
received these visas.
The nonminister categories were originally set to sunset in
1994. After two extensions, the categories now expire on
October 1. H.R. 2152, introduced by Representative Barney
Frank, would extend the special immigrant visas for religious
workers until October 1, 2008.
The Committee has received a letter, signed by
organizations representing many religious denominations,
supporting an extension of these visas. The letter provided a
number of examples of how religious denominations rely on the
religious worker visas.
For example, ``Catholic dioceses rely heavily upon
religious sisters, brothers and lay missionaries from abroad.
Some fill a growing need in the Catholic Church for those
called to religious vocations. Others provide critical services
to local communities in areas including religious education and
care for vulnerable populations, such as the elderly,
immigrants, refugees, abused and neglected children,
adolescents and families at risk.''
In addition, ``Jewish congregations, particularly in remote
areas, with small Jewish communities, rely on rabbis, cantors,
kosher butchers, Hebrew school teachers and other religious
workers who come from abroad through the religious worker
program. Without them, many Jewish communities would be unable
to sustain the institutions and practices that are essential to
Jewish religious and communal life.''
And, ``other religious denominations, such as the Baptist
Church, the Church of Christ Scientists, the Church of Jesus
Christ of Latter Day Saints, the Lutheran Church, and the
Seventh Day Adventist Church, also rely on the visas to bring
in nonminister religious workers who work in areas as diverse
as teaching in church schools, producing religious
publications, sustaining prison ministries, training health
care professionals to provide religiously appropriate health
care, and performing other work related to a traditional
religious function.''
These visas serve a valuable role and contribute to
America's vibrant religious life. I urge my colleagues to
support this legislation and yield back the balance of my time.
Chairman Sensenbrenner. The gentlewoman from Texas, Ms.
Jackson Lee, Ranking Member?
Ms. Jackson Lee. Thank you very much, Mr. Chairman. I would
like to join the Chairman of the Committee to ask my colleagues
to support this legislation that seeks to extend the provisions
to allow for Special Immigrant Religious Workers program, to
extend it for an additional 5 years.
Let me congratulate Mr. Frank for his initiative on this
legislation and to say that we have found ourselves in a
different climate post-9/11, but I have maintained the premise
that immigration does not equate to terrorism. This is a very
singular and important part of our immigration laws that seeks
to help people.
The special immigrant classification of the Immigration and
National Act allows religious organizations to sponsor both
ministers and nonminister religious workers from abroad to
perform service in the United States. The nonminister religious
workers' category includes a variety of occupations, such as
nuns, religious brothers, cantors, postoral service workers,
missionaries and religious broadcasters.
We are considering this legislation today which would amend
the Immigration and Nationality Act to extend it for 5 years
because it is about to expire on October 1, 2003. This bill,
which I co-sponsor and support, would extend it, as I have
indicated.
Religious workers provide a very important spiritual
function in the American communities in which they work and
live. And in addition to performing activities in furtherance
of a vocation or religious occupation, often possessing
characteristics unique from those found general labor market.
Historically, religious workers have staffed hospitals,
orphanages, senior care homes, and other charitable
institutions that provide benefits to society without public
funding. They also are very helpful, if you will, with respect
to new refugees, by knowing their cultures and their language.
And so they can be comforting, as well as helping to explain
the new society that these refugees will come into because
religious workers may have had the experience of living in the
United States.
According to the Department of Homeland Security, the term
``religious worker'' does not include janitors, maintenance
workers, clerks, fundraisers, solicitors of donations or
similar occupations. The activity of a layperson who will be
engaged in a religious occupation must relate to a traditional
religious function. Thereby, we are protected that this
particular provision will not be subject to abuse. The activity
must embody the tenets of the religion and have religious
significance related primarily, if not exclusively, to the
matters of the spirit as they apply to the religion.
Prior to the enactment of the Immigration Act of 1990,
nonprofit religious organizations that requested the services
of foreign-born, nonminister religious workers were forced to
fit their needs into the business, student or missionary visas.
This was problematic for religious organizations as the
established visa categories were created primarily for the
needs of profit-making businesses. As a result, religious
organizations were frequently unable to sponsor foreign,
nonminister religious workers. We clearly can say that this
will go to the spirit and not to the profit.
The Catholic Church in the United States has needed this
program to respond to the increasing diversity of its
membership, which includes parishioners from countries
throughout the world.
Religious workers from abroad assist the church here in a
variety of ways. They come as religious brothers, counseling
members of the ethnic communities, religious sisters, providing
social services, care to the poor and ill, and laypersons
assisting with religious education. While supporting her church
in her spiritual mission, these workers also mend the spirit of
those in need in our local communities by working in schools,
hospitals, homes for the aged and homeless shelters.
I acknowledge that fraud is a concern with this program,
but as I said earlier, I believe that this is narrowly drawn to
protect us from abuse and from fraud. It reinforces the fact
that we are a Nation of laws, and it also reinforces the fact
that we do not cast a broad net that immigration and terrorism
are equal.
This, again, reinforces the values of this Nation, and I
ask my colleagues to support this legislation.
I yield back.
Chairman Sensenbrenner. Without objection, all Members'
opening statements will appear in the record, at this point.
[The prepared statement of Ms. Jackson Lee follows:]
Prepared Statement of the Honorable Sheila Jackson Lee, a
Representative in Congress From the State of Texas
Mr. Chairman and Ranking Member, thank you for having convened this
markup session as to H.R. 2152 To Amend the Immigration and Nationality
Act to Extend for an Additional 5 Years the Special Immigrant Religious
Worker Program. As the Ranking Member of this Committee's Subcommittee
on Immigration and Claims, this bill has much relevance to my ongoing
immigration initiatives on a national and constituent-based scale.
The special immigrant classification of the Immigration and
Nationality Act allows religious organizations to sponsor both
ministers and non-minister religious workers from abroad to perform
service in the United States. The non-minister religious workers
category includes a variety of occupations, such as nuns, religious
brothers, catechists, cantors, pastoral service workers missionaries,
and religious broadcasters.
We are considering legislation today which would amend the
Immigration and Nationality Act to extend the Special Immigrant
provisions which otherwise are set to expire on October 1, 2003. This
bill, H.R. 2152, which I cosponsor and support, would extend the
special immigrant religious worker program for an additional 5 years.
Religious workers provide a very important spiritual function in
the American communities in which they work and live, in addition to
performing activities in furtherance of a vocation or religious
occupation often possessing characteristics unique from those found in
the general labor market. Historically, religious workers have staffed
hospitals, orphanages, senior care homes and other charitable
institutions that provide benefits to society without public funding.
According to the Department of Homeland Security, the term
``religious worker'' does not include janitors, maintenance workers,
clerks, fund raisers, solicitors of donations, or similar occupations.
The activity of a lay-person who will be engaged in a religious
occupation must relate to a traditional religious function. The
activity must embody the tenets of the religion and have religious
significance, relating primarily, if not exclusively, to matters of the
spirit as they apply to the religion.
Prior to the enactment of the Immigration Act of 1990, non-profit
religious organizations that requested the services of foreign-born,
non-minister religious workers were forced to fit their needs into the
business, student, or missionary visa categories. This was problematic
for religious organizations, as the established visa categories were
created primarily for the needs of profit-making businesses. As a
result, religious organizations were frequently unable to sponsor
foreign non-minister religious workers.
The Catholic Church in the United States has needed this program to
respond to the increasing diversity of its membership, which includes
parishioners from countries throughout the world. Religious workers
from abroad assist the Church here in a variety of ways. They come as
religious brothers counseling members of ethnic communities, religious
sisters providing social services and care to the poor and ill, and lay
persons assisting with religious education. While supporting the Church
in her spiritual mission, these workers also mend the spirit of those
in need in our local communities by working in schools, hospitals,
homes for the aged, and homeless shelters.
I acknowledge that fraud is a concern with this program.
Nevertheless, restricting the religious worker provision is not the way
to resolve this problem. The provision requires non-minister special
immigrant religious workers to meet stringent qualifications before
they enter the country. Any attempt to impose stricter criteria could
hurt religious organizations.
A failure to extend this program in a timely fashion would be a
disservice not only to religious organizations but to local communities
and those in distress who depend on the religious workers that it
provides.
Chairman Sensenbrenner. Are there amendments?
[No response.]
Chairman Sensenbrenner. If there are no amendments, the
chair notes the presence of a reporting quorum.
The question occurs on the motion to report the bill H.R.
2152 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 agreed to.
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 the rules,
in which to submit additional dissenting, supplemental or
minority views.