Subject: CND-US, December 12, 1991

From: [email-masked]
Date: Thu, 12 Dec 1991 02:58:03 -0500

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

                               (US Regional)

			  Thursday, December 12, 1991

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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.   |
+--------------------------------------------------------------------------+

Table of Contents                                                # of Lines

1. News Brief (2 items) .................................................25
2. Clarification on I-140 Processing And Visa Numbers for Jan., 1992 ....50
3. IFCSS Family Reunion Project Update (II) .............................40
4. Immigration Legislation: Current Status and IFCSS's Strategy .........80
5. Text of H.R. 2212 (C-MFN Bill):  United States-China Act of 1991 ....275

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1. News Brief (2 items) .................................................25
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On 4/23/92, the International Physics Group of the APS will be sponsoring a
special  session  in cooperation with the Overseas Chinese Physics Associa-
tion (OCPA) highlighting the physics contributions  from  the  Asia-Pacific
region.  The  theme for the interdisciplinary session is to promote greater
awareness by the U.S. physics community of the research effort in China and
Taiwan as well to promote academic exchanges between these regions. To bal-
ance the program there will also be a speaker from the US with an  overview
on a hot area for an interdisciplinary audience.

The session will feature an overview on high  energy  physics  research  at
BEPC  (Beijing  Electron  Positron  Collider)  with  a report on the latest
results on J/Psi physics from the BES (Beijing Spectrometer)  collaboration
at BEPC. The session will also feature an overview on condensed matter phy-
sics research in Taiwan as well as a report on the  status  of  experiments
moving  single  atoms  around  a surface by the noted experimentalist, Prof
Tien T. Tsong, Director of Institute of Physics, Academia  Sinica,  Taiwan.
Prof  Patrick  A.  Lee, MIT, will round out the program with an overview of
the latest developments in condensed matter  theory.  From:  Da-Hsuan  Feng
<FENG@DUVM>
___ ___ ___ ___

[Christian Science Monitor,Page 6, Dec 9, 1991]  The US has denied entry to
the daughter of a leading Chinese exile  despite  the famililies of Chinese
who took refuge abroad after the 1989 Beijing massacre. The daughter, who's
name is  Hu Ainong, said: "It is very hard for me to understand.  My mother
is already 75 years old.  She is alone.   They (the US)  should  understant
this", "I always thought China would cause problems for me. I never thought
it would be the United States" Hu obtained an exit permit and passport from
Chinese authorities more than 14 months ago. ([email-masked])

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2. Clarification on I-140 Processing And Visa Numbers for Jan., 1992 ....50
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Source:  NAFSA Update No. 160, Amy Yenkin, NAFSA Central Office, 12/11
From: Bo Xiong, and Qi Dai <[email-masked]>, 12/11

1.  INS CLARIFIES PROCEDURES ON FILING I-140 PETITIONS

A recent update from the NAFSA Central Office reported  that  the  regional
service  centers may no longer be accepting old I-140 forms for employment-
based immigrant petitions.  After speaking with a representative  from  INS
headquarters  in  Washington,  NAFSA  learned that regional service centers
should be accepting petitions filed on the old I-140 forms until the new I-
140  is  printed.  Under no circumstance should any regional service center
discontinue processing petitions submitted on the old  I-140  forms  before
new  forms  are available.  If you have had an I-140 petition returned from
any of the service centers, please contact  the  the  government  relations
staff  at  NAFSA  Central  so  that we can bring it to the attention of INS
headquarters in Washington.

The new I-140 form will be cleared for printing by the Office  and  Manage-
ment  and  Budget in the very near future, at which time campuses can place
orders with the Government Printing Office.  We have asked INS  to  forward
the OMB # to NAFSA so that our members can begin ordering as soon as possi-
ble.  The OMB # will be distributed over Bitnet as soon as we receive it.

2.  STATE DEPARTMENT PUBLISHES VISA NUMBERS FOR JANUARY 1992

The State Department's Visa Bulletin for January 1992 shows that, with  the
exception  of  India,  the  worldwide priority date for entry under the new
SECOND EMPLOYMENT-BASED category is current.  The date for entry from India
in  the  second  employment- based category is October 15, 1990.  The other
preference dates are as follows:

Employment-Based

1st:                          Current
2nd (Skilled workers and Professionals):
                              Current except for the Philippines
3rd (other workers):          Worldwide date: July 15, 1987
4th (Special Immigrants):     Current
4th (Religious Workers):      Current
5th (Employment-creation):    Current
5th (Targeted Employment Areas):
                              Current
== == == == == == == == == == == == ==
Fast CND Q&A from Bo Xiong:

Q: What exactly do they mean when they say the priority date is "current?"

A: That means if you have got the labor certificate, no matter what's  your
   priority  date,  you  are  eligible	to  file  with	INS  for  greencard
   immediately.  i.e., no waiting time.

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3. IFCSS Family Reunion Project Update (II) .............................40
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From:	IFCSS HQ <[email-masked]>
Source: IFCSS Headquarters Office News Release No. 3049, Dec. 11, 1991

Today IFCSS HQ received a memo from the lawyer	who  handles  IFCSS  family
reunion cases.  IFCSS HQ appeals to local Chinese student organizations and
individual Chinese students and scholars make efforts to inform those  fel-
low Chinese students whose families are applying for visa.

Due to the financial constrains, IFCSS does not process phone calls regard-
ing  family-reunion  cases.   IFCSS  process  such  case through mail.  The
corresponding address is:

               IFCSS-VISA
               8904 59th Ave.
               College Park, MD 20740

********     Memo from the lawyer    ************************

As explained last Friday, we believe that the following information  should
be relayed to the Chinese students and  scholars by E-mail.

The Vice Consul at the U.S.  Embassy  in  Beijing  has  recently  sent  two
letters  to our offices requesting information concerning  visa applicants'
relatives in the U.S.  The Vice Consul would like evidence that  the  rela-
tive  in  the U.S. is covered by the Executive Order.  Please take the fol-
lowing steps before sending your relative into an Embassy or Consulate:

1.       Contact the IFCSS with your relative's name, date of
         birth, Embassy/Consulate where they will apply, and number
         of times they have applied.

2.       Obtain documents showing sufficient financial support
         (e.g. affidavits of support and bank statements).

3.       Obtain documents showing that you are covered by the
         Executive Order (e.g. copy of passport, IAP-66 Forms,
         I-94 forms, waiver letter).

4.       Obtain cover letter from our attorney.  This letter will
         be sent to you after you have contacted the IFCSS.

Please let us know of any problems you and  your  family  have  encountered
with the Embassy/Consulates in Japan.

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4. Immigration Legislation: Current Status and IFCSS's Strategy .........80
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From: Haiching Zhao, President of IFCSS, 12/10

Legislation  granting  permanent  residency  and  temporary  residency  for
Chinese nationals have been introduced in both the House and the Senate.

(1)  Main contents of immigration legislation

In the House: Barton/Pelosi Bill (HR3871)

On November 22, 1991, Congressman Joe Barton held  a  press  conference  to
introduce  legislation "Chinese Protection Act of 1991" HR3871.  Joined him
at the press conference were Congresswoman Pelosi, Congressman  Miller  and
representatives from IFCSS. This Bill includes:

A, Chinese nationals, who is covered by the Executive Order 12711, will  be
able to adjust directly to permanent resident status beginning July 1, 1993
if the President has not certified to Congress before that date that condi-
tions in China permit them to return in safety.

B, To be eligible for an adjustment  in  the  immigration  status,  Chinese
nationals  would  be required to apply for the adjustment during the period
beginning July 1, 1993; have resided continuously in the U.S.  since  April
11,  1990  (other  than brief, casual, and innocent absence); and be physi-
cally present in the U.S. when the application is filed.

In the Senate, Sen. Gorton introduced immigration bill S1216 which was cos-
ponsored  by Sen. Kennedy.  The Gorton/Kennedy Bill is generally similar to
Barton/Pelosi Bill.  The key difference is that S1216  will  grant  Chinese
students  temporary  residency  for  18  months  beginning January 1, 1994.
After the 18 months TR, people will be eligible for adjustment to permanent
residency status.

(2) IFCSS: Strategy and Coordination for Pushing the Immigration Bill.

Last time our effort of pushing the Mitchell-Dole-Gorton amendment did  not
succeed  largely  due  to  the following reasons: (1) We were caught in the
Congressional politics of passing a bigger immigration reform act; (2)  The
time  was  not  quite  right  in  terms of urgency; (3) We did not generate
enough public support from the grass root level;   (4)  We  did  not  raise
enough fund to sustain our effort.

The issue before us is urgent.  It took almost a year  for  our  effort  of
pushing  original  Pelosi bill.  The year of 1992 will be critical for pas-
sage of Barton Bill.  We call on strongly  Chinese  students  and  scholars
nationwide  to  act  immediately  joining  our  national  effort of pushing
Barton/Pelosi bill.  Congress is in recess to the end of January.  It is  a
perfect  and  critical  time  for  us to start our lobbying activities.  We
should do the following:

(1) Organize students to write letters, post cards or call the  offices  of
your  Congressmen/women.   Explain our plight and concern.  Educate them on
the current human rights situation in China and  ask  them  to  support  HR
3871.    .

(2)  Contact congressional district offices trying to set up appointment to
meet  with members of Congress or their assistants.  Urge them to COSPONSOR
the bill HR3871.  If they don't, make sure to ask clearly what  their  con-
cerns are.

(3) Mobilize American friends and groups to act in letter/visit campaign to
support  HR3871.  It is critical for members of Congress to hear support of
the bill from their voting constituents.

(4) Activate students to make donation to  the  national  lobbying  effort.
This will be vital to the success of our effort.  This is our issue and the
money will not be tax deductible.  This means that Chinese students are the
only financial source for this effort.

To avoid complication of U.S. corporate law,  CCSA/IFCSS will still coordi-
nate  our  national  lobbying  effort.   The May Fourth Foundation which is
registered  as  a  political  foundation  and  managed  by  a  group   from
Harvard/MIT will still manage the finance.  Please make your pledge payable
to:

        CCSA/May Fourth Foundation

        and send it to:

        May Fourth Foundation
        P.O. Box 239
        MIT Branch Post Office
        Cambridge,  MA  02139

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5. Text of H.R. 2212 (C-MFN Bill):  United States-China Act of 1991 ....275
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From:	IFCSS HQ <[email-masked]>, Dec 6, 1991
Source: IFCSS HQ News Release No. 3046

Dear Fellow Chinese Students and Scholars:

The IFCSS Headquarters has obtained a copy of  H.R.  2212:  United  States-
China Act of 1991.  A copy of the bill is included here for your reference.

The IFCSS Headquarters are glad to see that IFCSS's lobby  efforts  contri-
buted  to  the  fact that the improvements on human rights are the dominant
conditions in the bill.  That may also explain that the bill was passed  on
409  to  21,  comparing  with  313  to  112  just four months ago.  As U.S.
Congressman Wolf put it: "...for those of my  colleagues  on  my  side  who
voted  no  the last time I say, You can vote yes this time.  This is a much
more watered-down bill...I strongly urge those on  my  side  who  voted  no
before  on  the  other  bill to please vote yes on this bill to open up the
prisons, to let the bishops, and the priests, and the rabbis out, to prohi-
bit  the export of salve-labor-made goods into the United States and send a
message that we care..."

***************************************************************************

SECTION 1 SHORT TITLE:

 This Act may be cited as the "United States-China Acto of 1991."

Sec. 2 FINDINGS & POLICY

 (a) FINDINGS. - The Congress makes the following findings.

 (1) The Chinese people have provided a  dramatic  demonstration  of  their
desire  for  democratic freedoms.  Thousands of courageous Chinese students
and workers men and women, demonstrated on June 4,  1989,  that  they  were
willing  to  die  or  face  imprisonment or exile, in pursuit of democratic
self-determination and human rights.
 (2) The Government of the People's Republic of China; which is a member of
the  United  Nations  and  obligated  to  uphold  the Charter of the United
Nations and the Universal Declaration of Human Rights, continues to  engage
in  flagrant violations of internationally recognized human rights, includ-
ing --
 (A) torture and cruel, inhuman, or degrading treatment or punishment;
 (B) prolonged detention without charges and trial and sentencing  of  per-
sons solely for the nonviolent expression of their political views;
 (C) arbitrary arrest and the unacknowledged detention of persons; and
 (D) use of forced labor of prisoners to produce cheap products for  export
to  countries,  including  the United States, in violation of international
labor treaties and United States law.
 (3) The Government of the People's Republic of China  has  denied  Chinese
citizens  who  support  the pro-democracy movement and others the rights of
free, unimpeded emigration.
 (4) The Government of the People's Republic of China  has  restricted  the
number  of  students  permitted to study abroad, required some college stu-
dents to attend military indoctrination courses,  and  required  university
graduates  to  work 5 years after graduation and to pay large sums of money
before being eligible to apply for study outside China.
 (5) The Government of the People's Republic of China continues to  violate
the internationally recognized human rights of the people of Tibet and uses
the People's Liberation Army and police forces to  intimidate  and  repress
Tibetan and Chinese citizens peacefully demonstrating for democratic change
and religious freedom.
 (6) The Government of the People's Republic of China is engaging in unfair
trade  practices  against the United States by failing to protect intellec-
tual property rights, raising tariffs, employing taxes as surcharge on tar-
iffs,  using discriminatory customs rates, imposing import quotas and other
quantitative restrictions, barring the importation  of  some  items,  using
licensing and testing requirements to limit imports, and falsifying country
of origin documentation to transship textiles to the United States  through
third countries.
 (7) The Government of the People's Republic of China has not  demonstrated
its  willingness  to intention to participate as full and responsible party
in good faith efforts to control the proliferation  of  dangerous  military
technology and weapons, including biological, chemical, and nuclear weapons
technologies.
 (8) The Government of the People's Republic of China has  interfered  with
the  movement  toward self-rule by the people of Hong Kong in their politi-
cal, cultural, and economic activities.
 (9) The President of the United States has  suspended  all  government-to-
government  sales  and commercial exports of defense articles and  services
to China and issued an Executive order to treat sympathetically requests by
Chinese students in the United States to extend their stay.
 (10) United States policy toward China has failed to prevent or discourage
the People's Republic of China from---
 (A) committing violations  of  internationally  recognized  human  rights,
including the rights of the people of Tibet;
 (B) taking action that results in the proliferation of dangerous  military
technology and weapons; and
 (C) engaging in unfair trade practices against the United States.
 (b) Policy.--It is the sense of the Congress that---
 (1) with respect to the actions of the People's Republic of China  in  the
areas  of  human rights, weapons proliferation, and unfair trade practices,
the President should take such actions as necessary to achieve the purposes
of this Act, including, but not limited to---
 (A) instructing the United States delegation to the United Nations Commis-
sion  on Human Rights to actively seek the appointment of a special rappor-
teur to investigate violations of internationally recognized  human  rights
in China and to seek allied and Soviet support for such an investigation;
 (B) directing the United States Trade Representative to  take  appropriate
action pursuant to section 301 of the Trade Act of 1974 with respect to the
trade practices of the People's Republic of China which  are  unreasonable,
unjustifiable, or discriminatory and which burden or restrict United States
commerce;
 (C) interacting more forcefully with  our  allies,  especially  Japan  and
European  countries, to accomplish the restriction of transfers of technol-
ogy to China; and
 (D) encouraging members of the  Missile  Technology  Control  Regime,  and
other  countries,  as  appropriate,  to set up a working group to develop a
common policy concerning  missile  transfers  to  other  countries  by  the
People's Republic of China;
 (2) the sanctions being applied against the People's Republic of China  on
the  date  of  enactment  of  this  Act  should  be  continued and strictly
enforces; and
 (3) the President should submit the report required by the  Joint  Resolu-
tion  relating to the approval and implementation of the proposed agreement
for nuclear cooperation between the United States and the People's Republic
of China (Public Law 99-183; 99 Stat. 1174).

SEC. 3. ADDITIONAL OBJECTIVES WHICH THE GOVERNMENT OF THE PEOPLE'S REPUBLIC
OF CHINA IN ORDER TO RECEIVE NONDISCRIMINATORY TREATMENT.

 (a) In General.---The President may not recommend the  continuation  of  a
waiver  in 1992 for a 12-month period under section 402(d) of the Trade Act
of 1974 for the People's Republic of China unless the President reports  in
the  document  required to be submitted by such section that the government
of that country---
 (1) has, in regard to the events that led up to, and occurred  during  and
after  ,  the  violent repression of dissent in Tiananmen Square on June 3,
1989---
 (A) provided an accounting of citizens who were detained, accused, or sen-
tenced  as a result of the nonviolent expression of their political beliefs
during those events; and
 (B) released citizens who were imprisoned after  such  detention,  accusa-
tion, or sentencing; and
 (2) has made overall significant progress in achieving the objectives out-
lined in each of the categories of---
 (A) human rights, as described in subsection (b);
 (B) trade, as described in subsection (c); and
 (C) weapons proliferation, as described in subsection (d);
 (b) HUMAN RIGHTS.--The human rights objectives described in  this  subsec-
tion are---
 (1) taking appropriate action to prevent gross violations of  internation-
ally  recognized  human rights in the People's Republic of China, including
Tibet;
 (2) preventing exports of products made by prisoners and detainee assigned
to  labor  camps,  prisons, detention centers, and other facilities holding
detainee, and allowing United States officials  and  international  humani-
tarian  and intergovernmental organizations to inspect the places of deten-
tion suspected of producing export goods to ensure that  appropriate  steps
have been taken and are in effect;
 (3) terminating religious persecution in the People's Republic  of  China,
including  Tibet, and releasing leaders and members of all religious groups
detained, incarcerated, or under house arrest as a result of the expression
of their religious beliefs;
 (4) removing restrictions in the People's  Republic  of  China,  including
Tibet, on freedom of the press and on broadcasts by Voice of America;
 (5) terminating  the  acts  of  intimidation  and  harassment  of  Chinese
citizens  in  the  United  States,  including  the  return  and  renewal of
passports  confiscated  by  authorities  as  retribution  for  prodemocracy
activities;
 (6) ensuring access of international human rights  monitoring  or  humani-
tarian groups to prisoners, trials, and places of detention;
 (7) ensuring freedom from torture and from inhumane prison conditions;
 (8)  terminating  prohibitions  on  peaceful  assembly  and  demonstration
imposed after June 3, 1989;
 (9) fulfilling its commitment to engage in high-level discussions on human
rights issues; and
 (10) adhering to the Joint Declaration on Hong Kong that was entered  into
between the United Kingdom and the People's Republic of China.
 (c) TRADE. ---The trade objectives described in this subsection are---
 (1) providing adequate protection of United  States  patents,  copyrights,
and other intellectual property rights;
 (2) providing American exporters fair access to Chinese markets, including
lowering tariffs, removing non-tariff barriers, and increasing the purchase
of United States goods and services; and
 (3) ceasing unfair trade practices against the  United  States  which  are
unreasonable  and discriminatory and which burden or restrict United States
commerce.
 (d)  WEAPONS   PROLIFERATION.---The   weapons   proliferation   objectives
described in this subsection are---
 (1) adopting a national policy which adheres to,  and  ceasing  activities
inconsistent with--
 (A) the limitations and controls contained in the Missile Technology  Con-
trol Regime;
 (B) the standards and guidelines set by the Nuclear Suppliers Group; and
 (C) the standards and guidelines set by the Australia  Group  on  chemical
and biological arms proliferation; and
 (2) taking clear and unequivocal steps to assure that the People's  Repub-
lic  of  China  is not assisting and will not assist any nonnuclear weapons
state, directly or indirectly, in acquiring nuclear  explosive  devices  or
the materials and components for such devices.

SEC. 4. SANCTIONS BY OTHER COUNTRIES.

 If the President decides not to seek a continuation of a  waiver  in  1992
under  section 402(d) of the Trade Act of 1974 for the People's Republic of
China , he shall, during the 30-day period beginning on the date  that  the
President  would  have recommended to the Congress that such waiver be con-
tinued, undertake efforts to ensure that members of the  General  Agreement
on  Tariffs  and  Trade  take  similar  action with respect to the People's
Republic of China.

SEC. 5. ENFORCEMENT OF PROHIBITION  AGAINST  IMPORTATION  OF  CONVICT  MADE
GOODS.

 Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) is amended--
 (1) by striking "All goods" and inserting "(a) In General.--All goods";
 (2) by striking "`Forced  Labor.'"  and  inserting  "(b)  Forced  Labor.--
`Forced Labor,'"; and
 (3) by adding at the end thereof the following new subsection.
 "(c) PENALTIES.-
 "(1) IN GENERAL.- Any person who-
 "(A) enters or imports, or attempts to  enter  or  import,  goods,  wares,
articles, or merchandise into the customs territory of the United States in
violation of subsection (a); and
 "(B) knew or should have know that such entry or importation, or attempted
entry  or importation, was in violation of such subsection, shall be liable
to pay to the United States a civil penalty.
 "(2) AMOUNT OF PENALTY. - Any civil penalty imposed  under  paragraph  (1)
shall be in an amount to to exceed-
 "(A) $10,000 for one violation;
 "(B) $100,000 in the case of a person previously subject to a penalty  for
one violation under this section; or
 "(C) $1,000,000 in the case of a person preciously  subject  to  penalties
for more than one violation under this section.
 "(3) The Secretary of the Treasury  shall  by  regulation  prescribe  pro-
cedures for imposing penalties under this section,  including, but not lim-
ited to, prepenalty notice.

SEC. 6. REPORT BY THE PRESIDENT

 If the President recommends in 1992 that the waiver referred to in section
3  be  continued  with  respect  to  the  People's  Republic  of China, the
President shall include int he document required to  be  submitted  to  the
Congress by section 402(d) of the Trade Acto of 1974 a report on the extent
to which the Government of the People's Republic of China has,  during  the
period covered by the report, complied with the provisions of section 3.

SEC 7. DEFINITIONS

 For the purposes of this Act:
 (1) ACTS OF INTIMIDATION AND HARASSMENT.-- The term "acts of  intimidation
and harassment" in section 3(b)(5) means actions taken by the Government of
the People's Republic of China that are  intended  to  deter  or  interfere
with,  or  to be in retaliation for, the nonviolent expression of political
beliefs by Chinese citizens within the United States.
 (2) DETAINED AND  IMPRISONED.--  The  terms  "detained"  and  "imprisoned"
include, but are not limited to, incarceration  in  prisons,  jails,  labor
reform camps, labor reeducation camps, and local police detention centers.
 (3) FORCED LABOR.-- The term "forced labor" has the meaning given to  such
term by section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
 (4) GROSS VIOLATIONS OF INTERNATIONALLY  RECOGNIZED  HUMAN  RIGHTS.--  The
term  "gross violations of internationally recognized human rights" in sec-
tion 3(b)(1) includes, but not limited  to,  torture,  cruel,  inhuman,  or
degrading  treatment or punishment, prolonged detention without charges and
trial, causing the disappearance of persons by the abduction  and  clandes-
tine  detention  of  those  persons, secret judicial proceedings, and other
flagrant denial of the right to life, liberty, of the security of any  per-
son.
 (5) MISSILE TECHNOLOGY CONTROL REGIME.-- The term "Missile Technology Con-
trol  Regime"  means the agreement, as amended, between the United 'states,
the United Kingdom, the Federal Republic of Germany, France, Italy, Canada,
and  Japan  announced  on  April  16,  1987, to restrict sensitive missile-
relevant transfers based on an annex of missile equipment and technology.
 (6) SIGNIFICANT PROGRESS.-- The term  "significant  progress"  in  section
3(a)(2) means the implementation of measures that will meaningfully reduce,
or lead to termination of, the practices identified in that paragraph.
 (B) With respect to section 3(d)(1), progress may not be determined to  be
"significant  progress"  if  the  President  determines  that,  on or after
November 26, 1991, the People's Republic of China has transferred to  Syria
or Iran--
 (i) ballistic missiles or missile launchers for the weapons systems  known
as the M-9 or the M-11; or
 (ii) material, equipment, or technology which  would  contribute  signifi-
cantly to the manufacture of a nuclear explosive device.
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|  Executive Editor of This Issue:  Bo Xiong, Quality Monitor: Deming Tang |
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