[House Report 106-955]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-955

======================================================================



 
                    FOR THE RELIEF OF WEI JINGSHENG

                                _______
                                

 October 11, 2000.--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 S. 11]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (S. 11) for the relief of Wei Jingsheng, 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....................           1
Committee Consideration....................................           2
Committee Oversight Findings...............................           2
Committee on Government Reform Findings....................           2
New Budget Authority and Tax Expenditures..................           2
Congressional Budget Office Cost Estimate..................           2
Constitutional Authority Statement.........................           3
Agency Views...............................................           3

                          Purpose and Summary

    S. 11 would allow Wei Jingsheng to adjust to permanent 
resident status.

                Background and Need for the Legislation

    Wei Jingsheng is a native and citizen of the People's 
Republic of China. Mr. Jingsheng is internationally recognized 
as a pro-democracy activist. Mr. Jingsheng has spent a total of 
29 years in prison and labor camps in China as a result of his 
pro-democracy activities. In 1997 he was released to seek 
medical treatment in the United States.
    In November 1997, Mr. Jingsheng entered the U.S. on a 
visitor visa. In 1998, Columbia University filed a petition to 
change his status to an Exchange Visitor. That petition was 
granted and then expired in June 2000.
    Mr. Jingsheng is single and currently lives in New York 
City. Because he is such a well-known pro-democracy activist, 
it would be dangerous for Mr. Jingsheng to return to China.

                        Committee Consideration

    On October 11, 2000, the Committee on the Judiciary met in 
open session and ordered reported favorably the bill S. 11 
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)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                Committee on Government Reform 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(l)(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 3(d)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee believes that 
the bill would have no significant impact on the Federal 
budget. This is based on the Congressional Budget Office cost 
estimate on S. 11. That Congressional Budget Office cost 
estimate follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 11, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed 11 private relief acts, which were ordered reported by 
the House Committee on the Judiciary on October 11, 2000. CBO 
estimates that their enactment would have no significant impact 
on the federal budget. These acts could have a very small 
effect on fees collected by the Immigration and Naturalization 
Service and on benefits paid under certain federal entitlement 
programs. Because these fees and expenditures are classified as 
direct spending, pay-as-you-go procedures would apply. The act 
reviewed is:

         LS. 11, the Wei Jingsheng Freedom of 
        Conscience Act;

    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. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.
            Sincerely,
                                  Dan L. Crippen, Director.

cc:
        Honorable John Conyers Jr.
        Ranking Democratic Member

                   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 8, clause 4 of the 
Constitution.

                              Agency Views

    The comments of the Immigration and Naturalization Service 
on S. 11 are as follows:

                        U.S. Department of Justice,
                    Immigration and Naturalization Service,
                                      Washington, DC, May 25, 2000.
Hon. Orrin Hatch, Chairman,
Committee on the Judiciary,
United States Senate, Washington, DC.
    Dear Mr. Chairman: In response to your request for a report 
relative to S. 11, for the relief of Wei Jingsheng, there is 
enclosed a memorandum of information concerning the 
beneficiary.
    The bill would grant the beneficiary permanent residence in 
the United States as of the date of the enactment and upon 
payment of the required visa fees. It would also direct visa 
number deductions be made.
            Sincerely,
                         Gerri L. Ratliff, Acting Director,
                                   Congressional Relations.

cc:
        Department of State--Private Bill Staff
        District Director, NYC--FYI
        NYC Investigations--S.A. William Giaimo--NYC

 Memorandum of information from immigration and naturalization service 
                             files re: s.11

    The beneficiary, Wei Jingsheng, A74 295 598, a native and 
citizen of the People's Republic of China, was born on May 20, 
1950. Mr. Jingsheng is single and resides at New York, New 
York.
    While in China, Mr. Jingsheng finished senior middle school 
(equivalent of high school in the United States.) Since 
arriving in the United States, Mr. Jingsheng has received 
Honorary Degrees from Niagara University, Hunter College of the 
City of New York, and Bard College.
    Mr. Jingsheng is an internationally recognized pro-
democracy activist and an acclaimed international luminary on 
Chinese politics with a focus on human rights issues. Mr. 
Jingsheng has authored a book, The Courage to Stand Alone, a 
compilation of letters written during his eighteen-year prison 
term in China.
    Since June 1998, Mr. Jingsheng has been employed as a 
visiting scholar at Columbia University's Center for the Study 
of Human Rights, where he is conducting research on human 
rights issues and provides commentary for Radio Free Asia. He 
is paid about $48,000 a year from the University and receives 
about $1,000 from Radio Free Asia for each guest appearance, 
lecture, or speech. Additionally, Jingsheng was a visiting 
scholar at the University of California at Berkeley until the 
end of 1998. Mr. Jingsheng maintains financial accounts 
indicating a balance of about $142,000 on deposit.
    Since 1979 in China, Mr. Jingsheng has been sentenced twice 
to a total term of 29 years in prison and labor camps for his 
pro-democracy political activities. After service 18 years, 
save a 6-month break in 1993, he was released in 1997 to seek 
medical treatment in the United States.
    On November 16, 1997, Mr. Jingsheng was admitted to the 
United States at Detroit, Michigan as a visitor. In 1998, 
Columbia University petitioned the Immigration and 
Naturalization Service to change his status to an Exchange 
Visitor, expressing their desire to employ him as a research 
scholar. The petition was granted September 10, 1998, and is 
due to expire in June 2000. On December 13, 1999, Mr. 
Jingsheng's attorney filed an Alien Worker Immigration Petition 
on his behalf. The petition is pending at this time.
    Since his entry into the United States, Mr. Jingsheng has 
accepted many worldwide invitations and has traveled 
extensively, both foreign and domestic, for appearances, 
lectures and speeches. Many countries have issued travel 
documents to Mr. Jingsheng allowing him to visit their country 
for these appearances. It should be noted that while visiting 
Berkley, California on August 27, 1998, Mr. Jingsheng's 
Republic of China passport was stolen.
    Although Mr. Jingsheng's mother, Peijun Du, is deceased, 
his father, Zilin Wei, remains in China with Mr. Jingsheng's 
brother, Wei Xiao Tao. His sister, Wei Shanshan, resides in 
Germany. Mr. Jingsheng's with his other sister, Wei Ling, A75 
971 805, and her daughter, Xia Fan, A75 971 806, reside with 
him in New York, New York. Both have been granted permanent 
residency based upon their approved political asylum petition.
    National agency checks, as well as fingerprint checks for 
the beneficiary were negative.

                                  
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