From: v068sjv9@ubvmsd.cc.buffalo.edu (Xin Chen)
Newsgroups: soc.culture.china
Subject: Re: protection bill
Date: 12 Aug 92 20:07:00 GMT
Organization: University at Buffalo
News-Software: VAX/VMS VNEWS 1.41

In article <1533@cogsci.ucsd.EDU>, kzhang@cogsci.ucsd.EDU (Kechen Zhang) writes...
> 
>Forwarded message from: Talk.politics.china
> 
>SJ Q&A (August 11, 1992)
>********
>Note:  The following is the Congressional record on the passage of
>the Chinese Student Protection Act of 1992 (S.1216), including the
>amended version of the bill.  This post is intended to inform the
>interested Chinese students about the detail process of the House
>floor action.  It may be helpful for these students to understand
>the process and the arguments presented.  Furthermore, it may
>clarify some confusions resulting from some messages posted in this
>bulletin.    The passage of the bill in the House is a result of
>the bipartisan support, as long as the persistent effort of the
>IFCSS since 1989, and, most importantly, the involvement of 40,000
>some Chinese students.  It is indeed a victory of the Human Rights
>principle on this free land.
> 
>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 whom the bill
>is intended to address.   This reprint is a part of a research
>project conducted by a law student from Case Western Reserve
>University School of Law.  This reprint may not be used for the
>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.  (Junwei Hou---CWRU-Law)
> 
>*****************************************************************
> 
> 
>                         Congressional Record -- House
> 
> 
> 
>                           Monday,  August  10, 1992
> 
> 
> 
>                             102nd Cong. 2nd Sess.
> 
> 
> 
>                              138 Cong Rec H 7818
> 
> 
>REFERENCE: Vol. 138 No. 117
> 
>NOTICE: This is a preliminary document and is subject to revision,
>including addition or revisions to reflect final pagination.
> 
>TITLE:  CHINESE STUDENT  PROTECTION ACT OF 1992
> 
>SPEAKER: Mr. BROOKS; Mr. FISH; Mr. MAZZOLI; Ms. PELOSI
> 
>TEXT:
> 
>    Mr. BROOKS. Mr. Speaker, I move to suspend the rules and pass
>the Senate bill (S. 1216) 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, as amended.
> 
>   The Clerk read as follows:
> 
>   S. 1216
> 
>   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
>sub-paragraph (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.
> 
>   The SPEAKER pro tempore. Pursuant to the rule, the gentleman
>from Texas [Mr. Brooks] will be recognized for 20 minutes, and the
>gentleman from New York [Mr. Fish] will be recognized for 20
>minutes.
> 
>   The Chair recognizes the gentleman from Texas [Mr. Brooks].
> 
>   (Mr. BROOKS asked and was given permission to revise and extend
>his remarks.)
> 
>   Mr. BROOKS. Mr. Speaker, I yield myself such time as I may
>consume.
> 
>   Mr. Speaker, I rise in support of S. 1216, the  Chinese Student
>Protection Act of 1992. This legislation allows the Attorney
>General to grant permanent residence to Chinese nationals, many of
>them students, who have been in the United States -- in a state of
>limbo -- since the Tiananmen Square Massacre. The students have
>been permitted to remain and work in the United States pursuant to
>an Executive order which expires at the end of 1993.
> 
>   The bill applies to approximately 80,000 Chinese who have
>resided continuously in the United States since April 11, 1990 --
>the date of the President's Executive order -- and who have not
>returned to China for longer than 90 days. Chinese who are drug
>traffickers, terrorists, security risks, or foreign policy risks
>are not covered. Beginning on July 1, 1993, eligible Chinese have
>1 year to apply for adjustment of status. Each year, 1,000 Chinese
>who adjust under this program are counted against China's overall
>immigrant quota.
> 
>   This adjustment program is premised on the continued threat to
>the safety and security of  Chinese students  who return to their
>homeland. As a result, the bill provides that the President can
>cancel the program by certifying that it is safe for the Chinese
>nationals to return to China.
> 
>   I commend the gentleman from Kentucky [Mr. Mazzoli], the
>chairman of the Subcommittee on International Law, Immigration, and
>Refugees, for his work in bringing this legislation to the floor.
> 
> 
>   I would also like to commend the gentlewoman from California
>[Ms. Pelosi], the distinguished Member of this body from San
>Francisco, who has done outstanding work on this issue and
>dedicated a great deal of time and effort to help these  Chinese
>students.
> 
>   Mr. Speaker, the other body passed this bill earlier this year.
>By our support today, we can clear this legislation for the
>President, who has already expressed his support, and finally place
>the status of these  Chinese students  on solid -- and free --
>ground.
> 
>   Mr. Speaker, I reserve the balance of my time.
> 
>   Mr. FISH. Mr. Speaker, I yield myself such time as I may
>consume.
> 
>   Mr. Speaker, I rise in support of S. 1216. This bill is very
>similar to H.R. 3871, which was introduced by Mr. Barton of Texas.
>It will provide permanent immigration status to Chinese nationals
>who have been allowed to remain in the United States since the
>Tiananmen Square massacre in 1989.
> 
>   Generally, the type of protection that was extended to Chinese
>nationals is intended to be temporary, and beneficiaries are
>expected to return to their homeland when it is safe to do so.
> 
>   However, there is no real prospect that the Chinese nationals
>covered by S. 1216 will be able to return safely to mainland China
>in the foreseeable future. Given that situation, it is reasonable
>and fair to allow them to adjust their immigration status to
>permanent residency.
> 
>   I want to clarify that this bill covers more than just  Chinese
>students.  It covers all Chinese nationals who were in the United
>States any time from June 5, 1989, through April 11, 1990, and who
>have resided in the United States since April 11, 1990.
> 
>   An estimated 80,000 people will benefit from this bill. Some of
>them are students; many are not. The number of persons given
>permanent residence under this bill will be offset against the
>immigrant visa numbers available to nationals of the People's
>Republic of China.
> 
>   Under this bill, applications for adjustment of status would be
>accepted for 1 year beginning on July 1, 1993. However, if by some
>unforeseen chance, conditions change in China before July 1, 1993,
>and the President certifies that the Chinese Government will allow
>the safe return of the Chinese nationals, the bill will expire and
>no adjustments will take place.
> 
>   This bill is a reasonable approach to the unique situation of
>Chinese nationals in the wake of Tiananmen Square and the continued
>hard line of the Chinese Government. It deserves our support.
> 
>   Mr. Speaker, I reserve the balance of my time.
> 
>   Mr. BROOKS. Mr. Speaker, I yield 2 minutes to the distinguished
>gentleman from Kentucky [Mr. Mazzoli].
> 
>   (Mr. MAZZOLI asked and was given permission to revise and extend
>his remarks.)
> 
>   Mr. MAZZOLI. Mr. Speaker, I rise in strong support of this
>measure, S. 1216, the  Chinese Student  Protection Act of 1992.
> 
>   When the Chinese Government rolled out its tanks to crush the
>pro-democracy demonstrators of Tiananmen Square in 1989 it became
>immediately apparent that the approximately 40,000  Chinese
>students  then studying in the United States would face substantial
>risk of incarceration or harm upon return to China.
> 
>   This group shared the pro-democracy sympathies of their
>Tiananmen Square compatriots, and they did not hesitate to make
>their feelings known. They demonstrated publicly -- as is their
>right here in the United States. They spoke to, and were filmed by,
>the media. They testified at congressional hearings.
> 
>   In some respects the  Chinese students  in the United States
>were even more suspect in the eyes of their Government than the
>protestors of Tiananmen Square. If the students in Beijing were
>dangerous to the established order, imagine how much more dangerous
>might be those 40,000 students who had been directly exposed to,
>had lived with, and had inculcated the ideals of freedom,
>representative government, and due process of law.
> 
>   Recognizing the potential danger to this population, the
>administration in 1989 announced that no Chinese national in the
>United States would be involuntarily returned to China for 1 year.
>Less than 1 year later the administration extended this deferred
>enforced departure program for approximately 4 more years --
>through January 1, 1994.
> 
>   Congress is sometimes criticized for waiting until the last
>minute to get its work done. Congress could wait until the end of
>next year (1993) before deciding whether to extend any immigration
>benefits to this population. It seems to me, however, that there is
>no benefit in that approach.
> 
>   It is highly unlikely that by the end of next year the PRC will
>have been transformed into a safe, secure, democratic and freedom
>loving country. But should that happen, and should the President
>certify to Congress that it is safe for the Chinese here in the
>United States to return to China, the benefits of this bill will,
>under the terms of this bill, not be made available to anyone.
>Thus, we have nothing to gain by waiting to enact this measure.
> 
>   We could simply allow this entire population to apply for
>asylum, but that would add 80,000 cases to an already hopelessly
>backlogged asylum caseload of 120,000. And since over 90 percent of
>all PRC nationals who apply for asylum receive it, it makes little
>sense to compel INS to provide individual asylum hearings for cases
>that we know will ultimately be approved.
> 
>   The bill provides lawful permanent residency to the
>approximately 80,000 PRC nationals, both student and non-student
>alike, who have been living here under safe haven since June 1989.
>Criminals, drug traffickers and those who are otherwise security
>risks are prohibited from receiving this benefit.
> 
>   In the past, this committee has acted on numerous occasions to
>regularize the immigration status of persons who had been here a
>significant amount of time, who had become Americanized by virtue
>of time spent in the United States, and who faced an uncertain
>future if returned to their home countries.
> 
>   In 1986, for example, the Immigration Reform and Control Act
>extended permanent resident status to the thousands of Cuban and
>Haitian nationals who had arrived during the Mariel boat-lift
>episode.
> 
>   In 1987 the President signed into law a measure that permitted
>Ethiopians, Afghans, and Poles, who had been living here since 1984
>under extended voluntary departure status, to become permanent
>resident aliens.
> 
>   In 1989 this committee approved a measure, which subsequently
>became law, that allowed approximately 10,000 Soviet and Vietnamese
>parolees to become permanent resident aliens.
> 
>   And so the precedents for this bill are ample. The only real
>difference between this measure and prior measures is that under S.
>1216 all visas issued will be counted under the worldwide quota; in
>previous programs the visas were provided over and above the quota.
> 
> 
>   Mr. Speaker, this measure was approved on June 24, by the
>Subcommittee on International Law, Immigration and Refugees, which
>I have the privilege to chair. The full Judiciary Committee
>approved the bill, with minor amendments, on July 22. In each
>instance the bill enjoyed wide, bipartisan support, and it is also
>supported by the administration.
> 
>   I urge my colleagues to approve this meritorious bill.
> 
>   Mr. FISH. Mr. Speaker, I have no further requests for time, and
>I yield back the balance of my time.
> 
>   Mr. BROOKS. Mr. Speaker, I yield 3 minutes to the distinguished
>gentlewoman from California [Ms. Pelosi] who has been a stalwart
>supporter of the  Chinese   students  since their original
>difficulties.
> 
>   Ms. PELOSI. Mr. Speaker, I thank the gentleman from Texas [Mr.
>Brooks] for yielding this time to me and also for his leadership in
>bringing this legislation to the floor. When the book is written on
>what happened in the United States following the aftermath of
>Tiananmen Square, the gentleman from Texas [Mr. Brooks] will figure
>significantly as the champion for protecting the rights and safety
>of those who spoke out for democracy in China while in our country,
>and I am grateful to him for his leadership on this.
> 
>   I would also like to commend the ranking member, the gentleman
>from New York [Mr. Fish] for his leadership and cooperation on this
>legislation and on the previous  Chinese student  legislation.
>Without his cooperation, of course we would not be here today, and
>the  Chinese students  and nationals in our country would not have
>the protection that they have of our law.
> 
>   I would also like to salute the chairman of the subcommittee,
>the gentleman from Kentucky [Mr. Mazzoli] for his cooperation and
>bringing his thinking and common sense into forging legislation
>that is not disruptive of our immigration law while protecting the
>rights and freedom of these people.
> 
>   I am sorry that our colleague, the gentleman from Texas [Mr.
>Barton] could not be here. I am sure he is on his way, but he is
>the author of the legislation, what I think is a finely crafted,
>precise piece of legislation.
> 
>   Mr. Speaker, 3 years ago in the 101st Congress, Members of both
>Houses overwhelmingly supported H.R. 2712, the Emergency Chinese
>Adjustment Status Facilitation Act. This bill was designed to
>provide some protection to the  Chinese students  in this country
>who, after the Tiananmen Square massacre, were suspected by the
>Chinese Government of being involved in pro-democracy activities.
>After clearing both the House and Senate with wide majorities, this
>bill was vetoed by the President who, after much prodding finally
>issued an Executive order to protect the students.
> 
>   Now, 3 years later, the situation for these students in China is
>still uncertain. Although economic reform continues, the Chinese
>leadership has made it clear that they do not support political
>reform. Recently Deng Xiaoping, the authority for the Tiananmen
>Square massacre was quoted as saying "Once the forces of turmoil
>reappear in the future, we will not hesitate to use any means to
>eliminate them as soon as possible." There is a suspicion on the
>part of the Chinese Government that  Chinese students  here in the
>United States are part of the forces of turmoil.
> 
>   Over the course of the past 3 years, I have been fortunate to
>work with representatives of the Chinese nationals. Their
>appreciation of the openness of our society and their commitment to
>democratic reform in China is strong. Currently, though, because
>their futures are uncertain, their ability to speak out without
>fear is hampered.
> 
>   S. 1216 would allow Chinese nationals who were in the United
>States during the Tiananmen Square massacre to apply for permanent
>residency in the United States. To be eligible for permanent
>residency, the Chinese national must have first, been in the United
>States sometime between June 4, 1989 and April 11, 1990; second,
>continuously resided in the United States since April 11, 1990; and
>third, not been to China for more than 90 days after April 11,
>1990.
> 
>   By granting these nationals the opportunity to apply for
>permanent residency status in the United States, we will be
>granting them an opportunity to continue to work for democratic
>reforms in China. Assuring them of continued protection in this
>country, as long as it is necessary, will allow them to speak their
>consciences without fear of retribution. And, make no mistake about
>it, the Chinese Government is capable of retaliating. We know, for
>example, that the Chinese regime is keeping a close watch on the
>students here, tracking their activities and harassing them.
> 
>   We also know that China has not stopped its human rights abuses.
>These nationals are in danger for their activities here if they are
>forced to go home now. Mr. Speaker, political change in China has
>not yet occurred. We must assist those trying to speak out for
>democratic reform in China while here in the United States. I urge
>my colleagues to support S. 1216, which will provide the Chinese
>nationals with an opportunity to apply for permanent residency and
>grant them a little more certainty in the future.
> 
>   Mr. BROOKS. Mr. Speaker, I have no further requests for time,
>and I yield back the balance of my time.
> 
>   The SPEAKER pro tempore (Mr. Hubbard). The question is on the
>motion offered by the gentleman from Texas [Mr. Brooks] that the
>House suspend the rules and pass the Senate bill, S. 1216, as
>amended.
> 
>   The question was taken; and (two-thirds having voted in favor
>thereof) the rules were suspended and the Senate bill, as amended,
>was passed.
> 
>   A motion to reconsider was laid on the table.
> 
>*****************************************************************
> 
>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 whom the bill
>is intended to address.  This reprint may not be used for the
>purposes in contrary to those set forth in the agreement between
>the law student and Lexis.  This reprint is a part of a research
>project conducted by a law student from Case Western Reserve
>University School of Law.  The use of this reprint, therefore, is
>strictly educational and noncommercial.  (JWH)
> 
>*****************************************************************
Newsgroups: soc.culture.china