From: "(Junwei W. Hou)" <jwh3@PO.CWRU.EDU>
Subject:      S1216: The Enrolled Version (9-30-92)
Reply-To: "(Junwei W. Hou)" <jwh3@po.CWRU.Edu>
Organization: Indiana University
Date: Wed, 30 Sep 1992 21:51:26 GMT
Comments: To: ccnl@utarlvm1.uta.edu, china-nt@uga.cc.uga.edu

(September 30, 1992)
********
Note:  The following is the enrolled version of S1216, i.e. the
final version presented to the President.  Now, the bill has been
enrolled and is ready for the President's action.  At this final
stage of the legislative process,  I hope that the interested
Chinese students follow very closely the instruction just released
by IFCSS.

DISCLAIMER:  The following text belongs to the public record and is
reprinted from Lexis, a subdivision of Mead Data Central, Inc..
The sole purpose of this reprint is to inform the readers of this
public bulletin, especially those Chinese students to whose
concerns the bill is intended to address.   This reprint may not be
used for the other purposes which are in contrary to those set
forth in the agreement between the law student and Lexis. The use
of this reprint, therefore, is strictly educational and
noncommercial.
(Junwei Hou---CWRU-Law)
*****************************************************************

                               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.


***************************************************************
DISCLAIMER:  The above text belongs to the public record and is
reprinted from Lexis, a subdivision of Mead Data Central, Inc..
The sole purpose of this reprint is to inform the readers of this
public bulletin, especially those Chinese students to whose
concerns the bill is intended to address.   This reprint may not be
used for the other purposes in contrary to those set forth in the
agreement between the law student and Lexis. The use of this
reprint, therefore, is strictly educational and noncommercial.
************************************************************JWH
Newsgroups: talk.politics.china