Subject: CND-US Special, October 9, 1992

From: [email-masked]
Date: Fri, 9 Oct 1992 22:08:06 EDT

+-+-+-+-+-+-+-+-+-+   C h i n a   N e w s   D i g e s t  +-+-+-+-+-+-+-+-+-+

                              (U.S. Regional)

          Special Report on Chinese Student Protection Act of 1992

                          Friday, October 9, 1992

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| CND-US, normally 1 or 2 issues a week, is a supplement to CND-Global and |
| has  basically no overlap with the daily news.  CND-US provides in-depth |
| information concerning Chinese students/scholars in the United States.   |
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Table of Contents                                                 # of Lines
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1. President Bush Signs Chinese Student Protection of 1992 into Law...... 10
2. Think Ahead and Tentative Strategies:
   IFCSS Plans Follow-Up on Protection Bill ............................. 32
3. IFCSS Says "Thank You" to All Who Made the Protection Bill Possible .. 82
4. Text of Chinese Student Protection Act of 1992 ...................... 136
============================================================================

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1. President Bush Signs Chinese Student Protection of 1992 into Law...... 10
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>From: IFCSS HQ <[email-masked]> and IFCSS-CCSA's Chairman Zhai Haiqing
Source: IFCSS HQ NR-4054 and IFCSS-CCSA Update, Oct. 9, 1992

[Editor's Note: this item was broadcast today at noon via CND-Global mailing
                lists as CND-US Extra Issue                                ]

Five minutes ago, at 10:50 a.m. this morning, we learned from Senator
Gorton's office that the President had signed S1216, the Chinese Student
Protection Act. Then, we contacted the White House and the news was
confirmed.

The HQ believes this victory is the result of the common efforts of
thousands of American friends as well as Chinese students and scholars and
wishes to thank all those who have worked hard in the past week to promote
the presidential signature.

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2. Think Ahead and Tentative Strategies:
   IFCSS Plans Follow-Up on Protection Bill ............................. 32
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>From: IFCSS HQ, <[email-masked]>
Source: IFCSS HQ NR-4056, Oct. 9, 1992

Upon hearing the good news this morning (Friday), IFCSS HQ staff Qingsong
Zhang and Heping Shi invited to lunch IFCSS legal advisors Burton Wides,
Laura Reiff, and John Mitchell. Another legal advisor, Elaine Budd, was out
of town. Also at the lunch were Jinghong Li, chairman of IFCSS Council, and
Haiqing Zhao, chairman of IFCSS Student Affairs Committee.

After warmly congratulating one another, the IFCSS officers and the lawyers
engaged themselves in a serious discussion of what to do next. It was
agreed that no matter who wins the presidential election, there is still a
great deal left to be done. One possibility is that there will be efforts
to promote the president to certify that students are safe to return. In
fact, some related agency has already started gathering data on students
who have returned to China. Even in the case that the president does not
certify that human rights situation has significantly improved, there will
still be complications regarding the implementation of the Act. For
instance, INS may well come up with a set of regulations which are not
satisfactory from our point of view.  Based on considerations along this
line, some tentative strategies were discussed.

First, IFCSS should monitor closely the human rights situation in China and
systematically collect data on human rights violations, particularly those
involving overseas students and their family members. The findings shall be
put in the form of a series of reports and sent to the White House and the
State Department. Second, IFCSS should be alert to any effort that might
lead to institution of a screening process. Third, IFCSS should use its
resources to positively influence the implementation of the Act.

Finally, the legal advisors suggested, and all the present IFCSS officers
agreed, that letters of thanks be sent to those news editors who have
helped us with favorable commentaries and reports in the final week and
whose assistance will remain essential to our future operation.

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3. IFCSS Says "Thank You" to All Who Made the Protection Bill Possible .. 82
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>From: IFCSS HQ, <[email-masked]>
Source: IFCSS HQ NR-4055, Oct. 9, 1992

After so many days of intensive lobbying and anxious waiting, the '92
Chinese Student Protection Act has finally been signed into law. At this
moment of relief and joy, we should remember to to express our appreciation
to those who have helped us.

First of all, we need to thank the senators and congressmen who have helped
shape and introduce this bill in both houses.  Without their efforts, there
would not have been such a bill.  Senator Slade Gorton, Senator Edward
Kennedy, Congressman Joe Barton, and Congresswoman Nancy Pelosi deserve our
special thanks.

We should also express our appreciation to other senators and congressman
who have given unanimous support to our bill and have demonstrated a high
degree of cooperation in consideration of our predicament.

At the same time, we should be grateful to all the American individuals and
organizations, including Asian and Chinese American societies, for their
strong and much needed support. We are especially grateful to the
Organization of Chinese Americans and the National Republican Committee's
Asian Office, both provided support at a crucial moment.

Needless to say, we should not forget President George Bush, who has
provided us with initial protection and, by putting his signature on this
bill, has remained true to his word that no Chinese student will be forced
back against his or her will.

Finally and most importantly, we need to thank our legal advisors Burton
Wides, Laura Reiff, John Mitchell, and Elaine Budd, who, throughout the
past years, have consistently volunteered their time, resources, and
professional expertise to IFCSS and whose advice and guidance have led us
through numerous twists and turns to the current victory and will continue
to benefit us in our pursuit of democracy and freedom.

The following is a sample letter. Modifications are recommended, for we do
not want to send thousands of letters of the same wording.
               ____ ____ ____ ____ ____ ____ ____

                        A Letter of Thanks

Dear ___

We learned with great relief and joy that President Bush had signed S1216,
the Chinese Student Protection Act. At this special moment, we want to
thank you for all your efforts in helping us secure this protection without
which we would be faced with reprisal and persecution. By supporting this
bill, you have also sent a clear signal to the Chinese government that
human rights do not know borders. If the Chinese government refuses to
grant freedom to its people, the international community will.

With our own safety guaranteed, we have not forgotten our fellow students
and other dissidents who are still suffering in prison.  Wei Jingsheng has
spent 13 years in prison, Liu Gang has been tortured repeatedly, Wang
Juntao was forced to go on hunger strikes to get treatment for his
hepatitis, and recently Shen Tong, Qi Dafeng and Qian Liyun were detained
for exercising their constitutionally guaranteed rights. We want to once
again reaffirm our pledge that we will continue to fight for basic human
rights in China. And we know we can count on your continued support.

Thank you again for concern over our safety and your effort to help bring
freedom to the Chinese people.

Sincerely,

(signed)
               ____ ____ ____ ____ ____ ____ ____

Address of IFCSS legal advisors:

Burton Wides, Laura Reiff, and John Mitchell

Arent Fox Kintner Plotkin & Kahn
1050 Connecticut Avenue, NW
Washington, DC 20036-5339
Tel: (202) 857-6035
Fax: (202) 857-6395

Elaine Budd
Davis, Graham & Stubbs
Attorneys at Law
Suite 500
1200 19th St., N.W.
Washington D.C. 20036-2402

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4. Text of Chinese Student Protection Act of 1992 ...................... 136
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>From: Junwei W. Hou, <[email-masked]>
Source: China-Net, Sept. 30, 1992

                              FULL TEXT OF BILLS

                          102ND CONGRESS; 2ND SESSION
                       IN THE SENATE OF THE UNITED STATES
                                  AS ENROLLED

                                    S. 1216

                                 1992 S. 1216;

SYNOPSIS:
                                 An Act

To provide for the adjustment of status under the Immigration and
Nationality Act of certain nationals of the People's Republic of China
unless conditions permit their return in safety to that foreign state.

DATE OF INTRODUCTION: JULY 2, 1992
DATE OF VERSION: SEPTEMBER 30, 1992   -- VERSION: 7
SPONSOR(S): Sponsor not included in this printed version.

TEXT:
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

SECTION 1. SHORT TITLE.
  This Act may be cited as the " Chinese Student Protection Act of 1992".

SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN NATIONALS
OF THE PEOPLE'S REPUBLIC OF CHINA.

(a) IN GENERAL.-SUBJECT TO SUBSECTION (C)(1), WHENEVER AN ALIEN DESCRIBED
IN SUBSECTION (B) APPLIES FOR ADJUSTMENT OF STATUS UNDER SECTION 245 OF THE
IMMIGRATION AND NATIONALITY ACT DURING THE APPLICATION PERIOD (AS DEFINED
IN SUBSECTION (E)) THE FOLLOWING RULES SHALL APPLY WITH RESPECT TO SUCH
ADJUSTMENT:

      (1) THE ALIEN SHALL BE DEEMED TO HAVE HAD A PETITION APPROVED UNDER
SECTION 204(A) OF SUCH ACT FOR CLASSIFICATION UNDER SECTION 203(B)(3)(A)(I)
OF SUCH ACT.

      (2) THE APPLICATION SHALL BE CONSIDERED WITHOUT REGARD TO WHETHER AN
IMMIGRANT VISA NUMBER IS IMMEDIATELY AVAILABLE AT THE TIME THE APPLICATION
IS FILED.

      (3) IN DETERMINING THE ALIEN'S ADMISSIBILITY AS AN IMMIGRANT, AND THE
ALIEN'S ELIGIBILITY FOR AN IMMIGRANT VISA-

          (A) PARAGRAPHS (5) AND (7)(A) OF SECTION 212(A) AND SECTION
212(E) OF SUCH ACT SHALL NOT APPLY; AND

          (B) THE ATTORNEY GENERAL MAY WAIVE ANY OTHER PROVISION OF SECTION
212(A) (OTHER THAN PARAGRAPH (2)(C) AND SUBPARAGRAPH (A), (B), (C), OR (E)
OF PARAGRAPH (3)) OF SUCH ACT WITH  RESPECT TO SUCH ADJUSTMENT FOR
HUMANITARIAN PURPOSES, FOR PURPOSES OF ASSURING FAMILY UNITY, OR IF
OTHERWISE IN THE PUBLIC INTEREST.

      (4) THE NUMERICAL LEVEL OF SECTION 202(A)(2) OF SUCH ACT SHALL NOT
APPLY.

      (5) SECTION 245(C) OF SUCH ACT SHALL NOT APPLY.

(b) ALIENS COVERED.-FOR PURPOSES OF THIS SECTION, AN ALIEN DESCRIBED IN
THIS SUBSECTION IS AN ALIEN WHO-

      (1) IS A NATIONAL OF THE PEOPLE'S REPUBLIC OF CHINA DESCRIBED IN
SECTION 1 OF EXECUTIVE ORDER NO. 12711 AS IN EFFECT ON APRIL 11, 1990;
      (2) HAS RESIDED CONTINUOUSLY IN THE UNITED STATES SINCE APRIL 11,
1990 (OTHER THAN BRIEF, CASUAL, AND INNOCENT ABSENCES);  AND
      (3) WAS NOT PHYSICALLY PRESENT IN THE PEOPLE'S REPUBLIC OF CHINA FOR
LONGER THAN 90 DAYS AFTER SUCH DATE AND BEFORE THE  DATE OF THE ENACTMENT
OF THIS ACT.

(c) CONDITION; DISSEMINATION OF INFORMATION.-

      (1) NOT APPLICABLE IF SAFE RETURN PERMITTED.
          -Subsection (a) shall not apply to any alien if the President has
determined and certified to Congress, before the first day of the
application period, that conditions in the People's Republic of China
permit aliens described in subsection (b)(1) to return to that foreign
state in safety.

      (2) DISSEMINATION OF INFORMATION.-IF THE PRESIDENT HAS NOT MADE THE
CERTIFICATION DESCRIBED IN PARAGRAPH (1) BY THE FIRST DAY OF THE
APPLICATION PERIOD, THE ATTORNEY GENERAL SHALL, SUBJECT TO THE AVAILABILITY
OF APPROPRIATIONS, IMMEDIATELY BROADLY DISSEMINATE TO ALIENS DESCRIBED IN
SUBSECTION (B)(1) INFORMATION RESPECTING THE BENEFITS AVAILABLE UNDER THIS
SECTION. TO THE EXTENT PRACTICABLE, THE ATTORNEY GENERAL SHALL PROVIDE
NOTICE OF THESE BENEFITS TO THE LAST KNOWN MAILING ADDRESS OF EACH SUCH
ALIEN.

(d) OFFSET IN PER COUNTRY NUMERICAL LEVEL.-

      (1) IN GENERAL.-THE NUMERICAL LEVEL UNDER SECTION 202(A)(2) OF THE
IMMIGRATION AND NATIONALITY ACT APPLICABLE TO NATIVES OF THE PEOPLE'S
REPUBLIC OF CHINA IN EACH APPLICABLE FISCAL YEAR (AS DEFINED IN PARAGRAPH
(3)) SHALL BE REDUCED BY 1,000.
     (2) ALLOTMENT IF SECTION 202(E) APPLIES.-IF SECTION 202(E) OF THE
IMMIGRATION AND NATIONALITY ACT IS APPLIED TO THE PEOPLE'S REPUBLIC OF
CHINA IN AN APPLICABLE FISCAL YEAR, IN APPLYING SUCH SECTION-

       (A) 300 IMMIGRANT VISA NUMBERS SHALL BE DEEMED TO HAVE BEEN
        PREVIOUSLY ISSUED TO NATIVES OF THAT FOREIGN STATE UNDER SECTION
203(B)(3)(A)(I) OF SUCH ACT IN THAT YEAR, AND
       (B) 700 IMMIGRANT VISA NUMBERS SHALL BE DEEMED TO HAVE BEEN
        PREVIOUSLY ISSUED TO NATIVES OF THAT FOREIGN STATE UNDER SECTION
203(B)(5) OF SUCH ACT IN THAT YEAR.

    (3) APPLICABLE FISCAL YEAR.-

          (A) IN GENERAL.-In this subsection, the term "applicable fiscal
year" means each fiscal year during the period-
     (i) beginning with the fiscal year in which the application period
begins; and
     (ii) ending with the first fiscal year by the end of which the
cumulative number of aliens counted for all fiscal years under subparagraph
(B) equals or exceeds the total number of aliens whose status has been
adjusted under section 245 of the Immigration and Nationality Act pursuant
to subsection (a).

          (B) NUMBER COUNTED EACH YEAR.-THE NUMBER COUNTED UNDER THIS
SUBPARAGRAPH FOR A FISCAL YEAR (BEGINNING DURING OR AFTER THE APPLICATION
PERIOD) IS 1,000, PLUS THE NUMBER (IF ANY) BY WHICH (I) THE IMMIGRATION
LEVEL UNDER SECTION 202(A)(2) OF THE IMMIGRATION AND NATIONALITY ACT FOR
THE PEOPLE'S REPUBLIC OF CHINA IN THE FISCAL YEAR (AS REDUCED UNDER THIS
SUBSECTION), EXCEEDS (II) THE NUMBER OF ALIENS WHO WERE CHARGEABLE TO SUCH
LEVEL IN THE YEAR.

(e) APPLICATION PERIOD DEFINED.-IN THIS SECTION, THE TERM "APPLICATION
PERIOD" MEANS THE 12-MONTH PERIOD BEGINNING JULY 1, 1993.

                       Speaker of the House of Representatives.

                       Vice President of the United States and
                               President of the Senate.

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