[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.

                                
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