[House Report 105-645]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-645
_______________________________________________________________________
FOR THE RELIEF OF CHONG HO KWAK
_______________________________________________________________________
July 24, 1998.--Committed to the Committee of the Whole House 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. 2744]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 2744) for the relief of Chong Ho Kwak, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
TABLE OF CONTENTS
Page
Purpose and Summary........................................ 1
Background and Need for the Legislation.................... 2
Hearings................................................... 2
Committee Consideration.................................... 2
Committee Oversight Findings............................... 2
Committee on Government Reform and Oversight Findings...... 2
New Budget Authority and Tax Expenditures.................. 2
Congressional Budget Office Cost Estimate.................. 3
Constitutional Authority Statement......................... 3
Purpose and Summary
This bill would direct the Attorney General to naturalize
Mr. Kwak regardless of his inability to take the oath of
allegiance.
Background And Need For the Legislation
Chong Ho Kwak came to this country seven years ago with his
wife and two sons. He is a legal permanent resident. His wife
and one son are currently preparing to become U.S. citizens,
and his older son became a U.S. citizen in 1997. Mr. Kwak
passed his citizenship test and was approved for naturalization
on January 23, 1996. He was scheduled to take the oath of
allegiance on June 14, 1996.
On February 4, 1996, when Mr. Kwak and his wife were
closing up their grocery store, three masked teens entered the
store to rob them. Although the Kwak's gave them all the money
they had, one teen shot Mr. Kwak in the head. Although in a
stabilized semi-comatose state, Mr. Kwak has never regained
consciousness since the shooting.
Immigration law prohibits anyone from attaining U.S.
citizenship who is unable to take and understand the oath.
Therefore, I.N.S. has refused to naturalize Mr. Kwak.
It is clear Mr. Kwak intended to naturalize, that it was in
no way his fault that he did not complete that process, and
that this is a unique situation.
Hearings
The Committee's Subcommittee on Immigration and Claims held
no hearings on H.R. 2744.
Committee Consideration
On June 11, 1998, the Subcommittee on Immigration and
Claims met in open session and ordered favorably reported the
bill H.R. 2744, without amendment, by voice vote, a quorum
being present.
On July 16, 1998, the Committee on the Judiciary met in
open session and ordered reported favorably the bill H.R. 2744
without amendment by voice vote, a quorum being present.
Committee Oversight Findings
In compliance with clause 2(l)(3)(A) of rule XI 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)(l) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform and Oversight Findings
No findings or recommendations of the Committee on
Government Reform and Oversight were received as referred to in
clause 2(l)(3)(D) of rule XI of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 2(1)(3)(B) of House Rule XI is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 2(l)(3)(C) of rule XI of the
Rules of the House of Representatives, the Committee sets
forth, with respect to the bill, H.R. 2744, the following
estimate and comparison prepared by the Director of the
Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 20, 1998.
Hon. Henry J. Hyde,
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. 2744, a bill for
the relief of Chong Ho Kwak.
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,
June E. O'Neill, Director.
Enclosure.
cc: Hon. John Conyers, Jr.,
Ranking Minority Member
H.R. 2744--A bill for the relief of Chong Ho Kwak
H.R. 2744 would grant citizenship to Chong Ho Kwak. CBO
estimates that enacting this legislation would have no
significant impact on the federal budget. H.R. 2744 would not
affect direct spending or receipts, so pay-as-you-go procedures
would not apply.
The CBO staff contact for this estimate is Mark Grabowicz,
who can be reached at 226-2860. This estimate was approved by
Paul N. Van de Water, Assistant Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to Rule XI, clause 2(1)(4) of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in Article 1, Section 1, Clause 8 of the
Constitution.