[House Report 112-618]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-618
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FOR THE RELIEF OF DANIEL WACHIRA
_______
July 24, 2012.--Referred to the Private Calendar and ordered to be
printed
_______
Mr. Smith of Texas, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 824]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 824) for the relief of Daniel Wachira, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 1
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................................. 4
Advisory on Earmarks............................................. 4
Section-by-Section Analysis...................................... 4
Purpose and Summary
The bill grants permanent resident status to Daniel
Wachira.
Background and Need for the Legislation
In 2001, Daniel Wachira was born in a Nairobi, Kenya slum,
abandoned in a heap of trash and then mauled by dogs. Daniel
lost his left ear, left cheek, part of his mouth, and one of
his toes. A Nairobi hospital kept Daniel in a bassinet for 10
months. Although he successfully managed to fight off multiple
infections, his legs curved like bows and his arms became
nearly useless. The hospital then took him to the Frances Jones
Abandoned Babies and Children Center, a Feed the Children
project, where he remained for 4 years and received improved
nutrition, care and attention. Although he underwent surgeries
to help repair his torn face, the skin grafts were too small
and did not take.
In March 2006, Frances Jones, co-founder of Feed the
Children, brought Daniel to the United States on a B-2 visa for
medical treatment. Two reconstructive and plastic surgeons in
Houston, Texas, volunteered to perform the complicated
surgeries and arrange the additional treatments Daniel
required. To date, they have performed four reconstructive
surgeries to repair the damage caused by the dogs, but have
certified that he requires additional surgeries over the next
several years, as well as continued therapy, treatment, and
monitoring. Based on his work with top specialists in Kenya,
one of the Houston surgeons confirms that Daniel could receive
neither proper reconstructive surgery in Kenya, nor an adequate
level of therapy.
Authorities in Kenya have exhausted their search for
Daniel's family, and the Kenyan government has granted Larry
and Frances Jones legal guardianship over him. Although the
Jones' are willing to adopt Daniel, Kenya's failure to
implement the Hague Adoption Convention of 2008 makes that
impossible.
H.R. 824 grants permanent residence to Mr. Wachira.
In the modern era, Congress has approved private bills when
an alien suffered a serious illness and could not receive
proper treatment in his or her home country. For instance:
In the 106th Congress, Congress passed a private bill for
Marina Khalina and her son Albert Mifakhov.\1\ Marina was in
the U.S. with her son on visitors' visas which could no longer
be extended. The son was undergoing medical treatment for
cerebral palsy which was unobtainable in Russia and which he
would need until he became an adult.
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\1\See Priv. L. No. 106-15 (H.R. Rep. No. 106-956).
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In the 106th Congress, Congress passed a private bill for
Jacqueline Salinas and her three children.\2\ One of the
children who had a rare bone cancer had come to the U.S. with
her father from Bolivia (where it could not be treated). St.
Jude's Children's Hospital offered treatment at no cost to the
family. The rest of the family joined them in the U.S. A car
accident resulted in the death of the father, one child, and
the permanent paralysis of Ms. Salinas from the waist down. The
mother, who was pregnant at the time of the accident, gave
birth to a U.S. citizen child. The hospital offered complete
financial support to enable the family to remain in the U.S.
The disability of the surviving parent and the need for ongoing
cancer treatment for the sick child would have caused the
family extreme hardship if they had to return to Bolivia.
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\2\See Priv. L. No. 106-20 (H.R. Rep. No. 106-962).
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In the 111th Congress, the Immigration Subcommittee
requested an ICE report on Mr. Wachira and ICE provided the
Subcommittee with a report which contained no derogatory
information. On March 10, 2011, the Subcommittee again voted to
request a report. On January 13, 2012, ICE provided the report.
It revealed no derogatory information.
Hearings
The Committee on the Judiciary held no hearings on H.R.
824.
Committee Consideration
On June 28, 2012, the Committee met in open session and
ordered the bill H.R. 824 favorably reported without amendment,
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. 824.
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. 824, 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 5, 2012.
Hon. Lamar Smith, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed the following legislation ordered reported by the
House Committee on the Judiciary on June 28, 2012:
LH.R. 823, a bill for the relief of Maria
Carmen Castro Ramirez and J. Refugio Carreno Rojas;
LH.R. 824, a bill for the relief of Daniel
Wachira;
LH.R. 316, a bill for the relief of Esther
Karinge;
LH.R. 794, a bill for the relief of Allan
Bolor Kelley;
LH.R. 357, a bill for the relief of Corina de
Chalup Turcinovic; and
LH.R. 1857, a bill for the relief of Bartosz
Kumor.
Those bills would make certain individuals eligible for
permanent U.S. residence and could have a very small effect on
fees collected by the Department of Homeland Security and thus
would affect direct spending. Therefore, pay-as-you-go
procedures apply. CBO estimates, however, that enacting those
pieces of legislation would not have a significant impact on
the federal budget.
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,
Douglas W. Elmendorf,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
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, H.R.
824 grants permanent resident status to Daniel Wachira.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 824 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Permanent Resident Status for Daniel Wachira.
Subsection (a) provides that Daniel Wachira shall be
eligible for issuance of an immigrant visa or for adjustment of
status to that of an alien lawfully admitted for permanent
residence upon filing an application for issuance of an
immigrant visa under section 204 of the Immigration and
Nationality Act (INA) or for adjustment of status to lawful
permanent resident.
Subsection (b) provides that if Mr. Wachira enters the
United States before the filing deadline specified in
subsection (c), he shall be considered to have entered and
remained lawfully and shall, if otherwise eligible, be eligible
for adjustment of status under section 245 of the INA as of the
date of the enactment of this Act.
Subsection (c) provides that subsections (a) and (b) shall
apply only if the application for issuance of an immigrant visa
or the application for adjustment of status is filed with
appropriate fees within 2 years after the date of the enactment
of this Act.
Subsection (d) provides that upon the granting of an
immigrant visa or permanent residence to Mr. Wachira, the
Secretary of State shall instruct the proper officer to reduce
by 1, during the current or next following fiscal year, the
total number of immigrant visas that are made available to
natives of the country of his birth under section 203(a) of the
INA or, if applicable, the total number of immigrant visas that
are made available to natives of the country of his birth under
section 202(e) of the INA.
Subsection (e) provides that the natural parents, brothers,
and sisters of Mr. Wachira shall not, by virtue of such
relationship, be accorded any right, privilege, or status under
the INA.