[House Report 116-595]
[From the U.S. Government Publishing Office]


116th Congress }                                            { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                            { 116-595

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



 
    FOR THE RELIEF OF ARPITA KURDEKAR, GIRISH KURDEKAR, AND VANDANA 
                                KURDEKAR

                                _______
                                

November 18, 2020.--Referred to the Private Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 631]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 631) for the relief of Arpita Kurdekar, Girish 
Kurdekar, and Vandana Kurdekar, 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..........................     2
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
Duplication of Federal Programs..................................     5
Performance Goals and Objectives.................................     5
Advisory on Earmarks.............................................     5
Section-by-Section Analysis......................................     5

                          Purpose and Summary

    H.R. 631, ``For the relief of Arpita Kurdekar, Girish 
Kurdekar, and Vandana Kurdekar,'' would provide the 
beneficiaries of this private bill with an opportunity to 
obtain lawful permanent resident status in the United States.

                Background and Need for the Legislation


                       A. IMMIGRATION BACKGROUND

    Arpita Kurdekar arrived in the United States from India in 
August 2014 on a temporary F-1 student visa in pursuit of a 
master's degree in civil engineering at the University of 
Buffalo in New York. Ms. Kurdekar has continued to maintain 
lawful status under the terms and conditions of her student 
visa and is currently pursuing a Ph.D. in structural 
engineering at the University of Connecticut. Her father and 
mother, Girish Kurdekar and Vandana Kurdekar, last entered the 
United States in 2016 on B-2 visitor visas. They have both been 
granted multiple B-2 extensions and have maintained such status 
since entry. All three family members lack viable options to 
remain in the United States permanently.

                          B. MEDICAL CONDITION

    In September 2016, Arpita Kurdekar was struck by a tree 
limb and suffered a severe spinal cord injury, rendering her 
instantly paralyzed from the neck down. Shortly after the 
accident, her parents came to the United States to provide 
their only daughter with the full-time care, assistance, and 
support that she requires.
    Here in the United States, Ms. Kurdekar has access to the 
advanced physical therapy services necessary to manage her 
condition through her private health insurance. Ms. Kurdekar is 
currently employed as a Graduate Research Fellow and Research 
Assistant at the University of Connecticut and receives 
supplemental financial assistance in the form of long-term 
disability and other insurance payments as well as investment 
income. Lacking employment authorization due to their temporary 
visitor status, neither Girish Kurdekar nor Vandana Kurdekar 
are currently employed.

   C. HOUSE PRECEDENT FOR CONSIDERATION OF PRIVATE IMMIGRATION BILLS

    In the modern era, Congress has passed numerous private 
bills for similarly situated individuals, including in cases 
where the beneficiary, or the U.S. citizen spouse or child of a 
beneficiary, suffered from a serious illness or medical 
condition.
    For example, in the 106th Congress, the House passed a 
private bill for Marina Khalina and her son Albert Kifakov, the 
latter of whom had cerebral palsy and would require lifelong 
medical treatment that was unavailable in their home country of 
Russia.\1\ Also in the 106th Congress, the House passed a 
private bill for the relief of Jacqueline Salinas--who was 
paralyzed from the waist down--and her children, one of whom 
was afflicted with bone cancer.\2\
---------------------------------------------------------------------------
    \1\See H.R. Rep. No. 106-956 (2000); See also S. 150, 106th Cong. 
(1999).
    \2\See H.R. Rep. No. 106-962 (2000); See also S. 1513, 106th Cong. 
(1999).
---------------------------------------------------------------------------
    In the 104th Congress, the House passed a private bill for 
Oscar Salas-Velazquez, whose U.S. citizen child and wife were 
carriers of an antigen that predisposes them to developing 
Reiter's syndrome--a severe, disabling, incurable arthritic 
disease which can be triggered by an intestinal infection from 
organisms widespread in Mexico.\3\ Requiring Mr. Salas-
Velazquez's wife and child to join him in Mexico would very 
likely result in the development of Reiter's syndrome.\4\ In 
the 106th Congress, the House also passed a private bill for 
Saeed Rezai, whose U.S. citizen wife was stricken with multiple 
sclerosis.\5\ Medical professionals indicated that her 
condition would likely deteriorate rapidly from the severe 
stress resulting from her husband's removal.
---------------------------------------------------------------------------
    \3\See H.R. Rep. No. 104-810 (1996); See also H.R. 1031, 104th 
Cong. (1995).
    \4\Id.
    \5\See H.R. Rep. No. 106-905 (2000); See also H.R. 5266, 106th 
Cong. (2000).
---------------------------------------------------------------------------
    Similarly, if the Kurdekar family is forced to return to 
their home country of India, where access to the specialized 
treatment and accommodations that are necessary to sustain 
Arpita Kurdekar's quality of life is both limited and costly, 
they will undoubtedly experience excessive hardship. As such, 
the Committee has determined that H.R. 631 meets the medical 
condition precedent.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
631.

                        Committee Consideration

    On September 9, 2020, the Committee met in open session and 
ordered the bill, H.R. 631, favorably reported without 
amendment, by a 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. 631.

                      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. 631, 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, September 22, 2020.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for these four bills:
           H.R. 631, For the relief of Arpita Kurdekar, 
        Girish Kurdekar, and Vandana Kurdekar;
           H.R. 4225, For the relief of Maria Isabel 
        Bueso Barrera, Alberto Bueso Mendoza, and Karla Maria 
        Barrera De Bueso;
           H.R. 7146, For the relief of Victoria 
        Galindo Lopez; and
           H.R. 7572, For the relief of Median El-
        Moustrah.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is David 
Rafferty.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
Enclosure.

cc:
        Honorable Doug Collins
        Ranking Member

        
        

    On September 9, 2020, the House Committee on the Judiciary 
ordered reported four bills that would allow the people named 
in each bill to become lawful permanent residents:
           H.R. 631, For the relief of Arpita Kurdekar, 
        Girish Kurdekar, and Vandana Kurdekar;
           H.R. 4225, For the relief of Maria Isabel 
        Bueso Barrera, Alberto Bueso Mendoza, and Karla Maria 
        Barrera De Bueso;
           H.R. 7146, For the relief of Victoria 
        Galindo Lopez; and
           H.R. 7572, For the relief of Median El-
        Moustrah.
    Enacting each of those four bills could increase direct 
spending and reduce revenues because lawful permanent residents 
are eligible for certain federal benefits, such as Medicaid and 
premium tax credits for health insurance purchased through the 
marketplaces established by the Affordable Care Act, if they 
otherwise meet the eligibility requirements for those benefits. 
CBO estimates that those effects would not be significant 
because of the small number of people who would be affected by 
each bill.
    The CBO staff contact for this estimate is David Rafferty. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                    Duplication of Federal Programs

    No provision of H.R. 631 establishes or reauthorizes a 
program of the federal government known to be duplicative of 
another federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                    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. 
631 would provide Arpita Kurdekar, Girish Kurdekar, and Vandana 
Kurdekar with an opportunity to obtain lawful permanent 
resident status in the United States.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 631 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 Arpita Kurdekar, 
Girish Kurdekar, and Vandana Kurdekar. Subsection (a) provides 
that Arpita Kurdekar, Girish Kurdekar, and Vandana Kurdekar 
shall each be eligible for issuance of an immigrant visa or for 
adjustment of status to lawful permanent residence upon filing 
the appropriate application.
    Subsection (b) provides that if Arpita Kurdekar, Girish 
Kurdekar, or Vandana Kurdekar enter the United States before 
the filing deadline specified in subsection (c), they shall be 
considered to have entered and remained lawfully and shall be 
eligible for adjustment of status as of the date of the 
enactment of this Act.
    Subsection (c) requires Arpita Kurdekar, Girish Kurdekar, 
and Vandana Kurdekar to apply for an immigrant visa or 
adjustment of status within 2 years after the date of the 
enactment of this Act.
    Subsection (d) provides that upon granting an immigrant 
visa or permanent residence to Arpita Kurdekar, Girish 
Kurdekar, and Vandana Kurdekar, the Secretary of State shall 
reduce by three, the total number of immigrant visas that are 
made available to natives of the country of their birth.
    Subsection (e) provides that the natural parents, brothers, 
and sisters of Arpita Kurdekar, Girish Kurdekar, and Vandana 
Kurdekar shall not, by virtue of such relationship, be accorded 
any right, privilege, or status under the Immigration and 
Nationality Act.