[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.