[House Report 107-729]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-729

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



 
                     FOR THE RELIEF OF SO HYUN JUN

                                _______
                                

 October 8, 2002.--Referred to the Private Calendar 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. 3758]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 3758) for the relief of So Hyun Jun, 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..........................     1
Hearings.........................................................     2
Committee Consideration..........................................     2
Vote of the Committee............................................     2
Committee Oversight Findings.....................................     2
Performance Goals and Objectives.................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Constitutional Authority Statement...............................     3
Section-by-Section Analysis and Discussion.......................     4
Agency Views.....................................................     4
Markup Transcript................................................     7

                          Purpose and Summary

    H.R. 3758 would allow So Hyun Jun to become a permanent 
resident of the United States.

                Background and Need for the Legislation

    So Hyun Jun is a 17 year old from South Korea. So Hyun 
Jun's mother was permanently injured in a car accident in 1995 
and was unable to provide care for So Hyun Jun. So Hyun Jun's 
father, who had a history of alcohol dependency, had also been 
both physically and mentally abusive to So Hyun Jun. Due to the 
abuse, So Hyun Jun's social and educational development had 
been severely impeded. Her aunt and uncle, John and Ok Sun 
Thornton, and Hyun Jun's mother agreed that the best thing for 
the child would be for the Thornton's to adopt her. The 
Thortons began their attempt to adopt the child. However, their 
efforts were thwarted for several years because So Hyun Jun's 
father disappeared and they could not proceed without his 
consent.
    In February 2000, So Hyun Jun first came to the United 
States to live with her aunt and uncle. In August 2000, formal 
adoption proceedings began after all the necessary documents 
had been collected and both So Hyun Jun's natural parents had 
officially relinquished their parental rights. The adoption was 
finalized on March 6, 2001. Unfortunately, that finalization 
date fell almost 6 months after So Hyun Jun's 16th birthday.
    In order for an adoptee to lawfully immigrate to the United 
States, the immigration law requires an adoption to have 
occurred prior to the age of 16. Because So Hyun Jun's adoption 
was not completed until after her 16th birthday, she would need 
a private bill in order to gain permanent residence.
    The precedent concerning adoption cases is well-
established. Precedent dictates that in order for favorable 
consideration of a private bill that allows an adoption to be 
considered legitimate for immigration purposes, the adoption 
must have been initiated prior to the child's turning 16 and 
must be finalized.
    It is clear from the documentation provided to the 
Subcommittee on Immigration, Border Security and Claims that 
the Thornton's were actively proceeding with the adoption prior 
to So Hyun Jun's 16th birthday.

                                Hearings

    There were no hearings held on H.R. 3758.

                        Committee Consideration

    On September 25, 2001, the Subcommittee on Immigration, 
Border Security and Claims met in open session and ordered 
favorably reported the bill H.R. 3758, by voice vote a quorum 
being present. On October 2, 2002, the Committee on the 
Judiciary met in open session and ordered reported favorably 
the bill H.R. 3758 without amendment by voice vote, a quorum 
being present.

                         Votes of the Committee

    There were no recorded votes taken on H.R. 3758.

                      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.

                    Performance Goals and Objectives

    H.R. 3758 allows the beneficiary to become a permanent 
resident of the United States.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House rule XIII 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. 3758, 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, October 3, 2002.
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. 3758, a bill for 
the relief of So Hyun Jun.
    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,
                                  Dan L. Crippen, Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member
H.R. 3758--A bill for the relief of So Hyun Jun.
    H.R. 3758 would classify So Hyun Jun as a child for 
purposes of obtaining permanent resident status under the 
Immigration and Nationality Act. That classification would make 
it easier for her to obtain an immigrant visa. CBO estimates 
that enacting this legislation would have no significant impact 
on the Federal budget. H.R. 3758 could have a very small effect 
on fees collected by the Immigration and Naturalization 
Service. Such fees are classified as direct spending.
    The CBO staff contact for this estimate is Mark Grabowicz, 
who can be reached at 226-2860. This estimate was approved by 
Peter H. Fontaine, Deputy Assistant Director for Budget 
Analysis.

                   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 1, section 8, clause 4 of the 
Constitution.

               Section-by-Section Analysis and Discussion

          SECTION 1. IMMEDIATE RELATIVE STATUS FOR SO HYUN JUN

    Section 1(a) states that So Hyun Jun is to be classified as 
a child under the immigration law in reference to approval of a 
relative petition filed by her adoptive parent and a filing for 
adjustment of her status.
    Section 1(b) states that if So Hyun Jun enters the United 
States before the 2 year deadline under the bill, she will be 
considered to have entered legally and be eligible to adjust 
her status under section 245 of the immigration law on the date 
of enactment.
    Section 1(c) states that subsections (a) and (b) will only 
apply if the application for an immigrant visa or adjustment of 
status is filed with appropriate fees within 2 years of the 
date of enactment.
    Section 1(d) indicates that once the beneficiary receives 
either an immigrant visa or permanent residence, the Secretary 
of State is required to reduce by 1 the number of immigrant 
visas that year or the next of the country of the beneficiary's 
birth.
    Section 1(e) indicates that the natural parents, brothers, 
and sisters of So Hyun Jun will not have any right, privilege 
or status under the immigration law because of their 
relationship with So Hyun Jun.

                 SECTION 2. ELIGIBILITY FOR CITIZENSHIP

    Section 2 states that for purposes of the Child Citizenship 
Act of 2000, So Hyun Jun shall be considered an adopted child 
under the immigration law.

                              Agency Views

    The comments of the Immigration and Naturalization Service 
on H.R. 3758 are as follows:


                           Markup Transcript



                            BUSINESS MEETING

                       WEDNESDAY, OCTOBER 2, 2002

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:57 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    Chairman Sensenbrenner. The Committee will be in order. A 
working quorum is present.
    The first item on the agenda will be H.R. 3758, a private 
bill for the relief of So Hyun Jun.
    [The bill, H.R. 3758, follows:]
    
    
    Chairman Sensenbrenner. The Chair recognizes the gentleman 
from Pennsylvania, Mr. Gekas, Chairman of the Subcommittee, for 
a motion.
    Mr. Gekas. I thank the Chair.
    Mr. Chairman, the Subcommittee on Immigration, Border 
Security, and Claims reports favorably the bill H.R. 3758 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.
    Without objection, opening statements will be placed in the 
record.
    [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, I support this private relief bill for So Hyun Jun a 
17 year old from South Korea. So Hyun Jun's mother was permanently 
injured in a car accident in 1995 and was unable to provide care for So 
Hyun Jun. So Hyun Jun's father, who had a history of alcohol 
dependency, had also been both physically and mentally abusive to So 
Hyun Jun. Due to the abuse, So Hyun Jun's social and educational 
development had been severely impeded. Her aunt and uncle, John and Ok 
Sun Thornton, and Hyun Jun's mother agreed that the best thing for the 
child would be for the Thornton's to adopt her. The Thortons began 
their attempt to adopt the child. However, their efforts were thwarted 
for several years because So Hyun Jun's father disappeared and they 
could not proceed without his consent.
    In February 2000, So Hyun Jun first came to the United States to 
live with her aunt and uncle. In August 2000, formal adoption 
proceedings began after all the necessary documents had been collected 
and both So Hyun Jun's natural parents had officially relinquished 
their parental rights. The adoption was finalized on March 6, 2001. 
Unfortunately, that finalization date fell almost six months after So 
Hyun Jun's 16th birthday.
    In order for an adoptee to lawfully immigrate to the United States, 
the immigration law requires an adoption to have occurred prior to the 
age of 16. Because So Hyun Jun's adoption was not completed until after 
her 16th birthday, she would need a private bill in order to gain 
permanent residence.
    The precedent concerning adoption cases is well-established. 
Precedent dictates that in order for favorable consideration of a 
private bill that allows an adoption to be considered legitimate for 
immigration purposes, the adoption must have been initiated prior to 
the child's turning 16 and must be finalized.
    It is clear from the documentation provided to the Subcommittee 
that the Thornton's were actively proceeding with the adoption prior to 
So Hyun Jun's 16th birthday. Mr. Chairman I support this legislation.

    Are there amendments? If there are no amendments, a 
reporting quorum is not present. Without objection, the 
previous question is ordered on reporting the bill favorably, 
and that vote will be taken as soon as a reporting quorum shows 
up.
    [Intervening business.]
    The Chair notes the presence of a reporting quorum. We will 
go to the private bill, report that out.
    The Committee now returns to the pending unfinished 
business on which the previous question was ordered on 
reporting the bill H.R. 3758 favorably. Those in favor will 
signify by saying aye? Opposed, no?
    The ayes appear to have it. The ayes have it and the bill 
is reported favorably.

                                
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