[House Report 112-618]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-618

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



 
                    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.
---------------------------------------------------------------------------
    \1\See Priv. L. No. 106-15 (H.R. Rep. No. 106-956).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \2\See Priv. L. No. 106-20 (H.R. Rep. No. 106-962).
---------------------------------------------------------------------------
    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.

                                  
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