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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Congressional Record: May 1, 2002 (Senate)]
[Page S3639-S3688]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr01my02-120]                         



 
                           TEXT OF AMENDMENTS

  SA 3383. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 3009, to extend the Andean Trade Preference 
Act, to grant additional trade benefits under that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in the bill, insert the following:

     SEC. ____. CONDITIONS ON ANY SUSPENSION OF IMMIGRATION 
                   PROCESSING OF ALIEN ORPHANS.

       (a) Requirements of the Department of Justice.--
       (1) Report to congress.--Neither the Commissioner nor any 
     other official of the Department of Justice shall suspend, 
     with respect to a country, the processing of petitions for 
     classification of natives of that country as alien orphans, 
     unless the Attorney General first submits a report to each 
     House of Congress, in accordance with subsection (c), 
     containing the following:
       (A) Certification required.--A certification that the 
     Commissioner or other official of the Department of Justice, 
     as appropriate, has determined, based upon clear and 
     convincing evidence, that one or more of the following 
     circumstances is applicable with respect to that country:
       (i) Inadequate ins processing system.--The system of the 
     Immigration and Naturalization Service in that country for 
     the processing of petitions for the classification of natives 
     of that country as alien orphans is wholly inadequate, and as 
     a result the Service is unable to make the determinations 
     described in section 101(b)(1) (F) or (G) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(b)(1) (F) or (G).
       (ii) Sending country adoption system compromised.--The 
     system utilized by the sending country for the arrangement of 
     international adoptions of alien orphans who are natives of 
     that country has been compromised to the extent that 
     processing cases according to the requirements of the 
     Immigration and Nationality Act is no longer possible.
       (iii) Failure to obtain birth parent consent.--In the 
     majority of the cases processed in the period beginning 90 
     days before the date of transmittal of the certification and 
     ending on such date, the consent of a birth parent to 
     termination of parental rights or to the adoption was not 
     obtained.
       (iv) Fraud, duress, or improper inducement.--In the 
     majority of the cases processed in the period beginning 90 
     days before the date of transmittal of the certification and 
     ending on such date, the consent of a birth parent to the 
     termination of parental rights or the adoption was obtained 
     as a result of fraud, duress, or improper inducement.
       (B) Plan.--A detailed plan that would remedy the 
     circumstance or circumstances described in subparagraph (A) 
     justifying the suspension, including efforts by the 
     Department of Justice to communicate with United States 
     citizen family members who might be affected by the impending 
     suspension.
       (C) Estimate of time to remedy circumstances.--A good faith 
     estimate of the time needed to remedy the circumstance or 
     circumstances described in subparagraph (A) justifying the 
     suspension.
       (2) Limitation.--In no case may a suspension last longer 
     than one year.
       (3) Transition provision.--Not later than 30 days after the 
     date of enactment of this Act, the Commissioner shall certify 
     to Congress that any suspension in effect on the date of the 
     transmittal of that certification is justified by one or more 
     of the circumstances described in paragraph (1)(A).
       (b) Requirements of the Department of State.--Neither the 
     Secretary of State nor any other official of the Department 
     of State shall urge a foreign government to suspend the 
     processing of international adoptions by United States 
     citizens unless the Secretary of State provides notice in 
     writing to each House of Congress, in accordance with 
     subsection (c), of his intention to take such action.
       (c) Submission of reports and notices to congress.--The 
     submission of a report under subsection (a) or a notice under 
     subsection (b) is satisfied if the report or notice, as 
     appropriate, is submitted--
       (1) in the case of the Senate, not less than 30 session 
     days (excluding days in which the Senate stands in recess) in 
     advance of the action; and
       (2) in the case of the House of Representatives, not less 
     than 30 legislative days in advance of the action.
       (d) Definitions.--In this section:
       (1) Alien orphan.--The term ``alien orphan'' means an alien 
     child described in section 101(b)(1) (F) or (G) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(b)(1) (F) or 
     (G)).
       (2) Clear and convincing evidence.--The term ``clear and 
     convincing evidence'' means specific, well documented, and 
     substantiated proof that the underlying assertion is true.
       (3) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of Immigration and Naturalization, subject to 
     the authority, supervision, and control of the Attorney 
     General.
       (4) Sending country.--The term ``sending country'' means 
     the country with legal authority to process the adoption of 
     the child in question.
       (5) Suspension.--The term ``suspension'' means, with 
     respect to a country, the decision by the Commissioner to 
     suspend the processing of petitions for classification of 
     alien orphans who are natives of that country.
                                  ____

[ ... ]
		
SA 3385. Mr. REID (for Mr. Biden) proposed an amendment to the bill 
H.R. 1646, to authorize appropriations for the Department of State for 
fiscal years 2002 and 2003, and for other purposes; as follows:
		
								  
[ ... ]
								  
[[Page S3643]]

[ ... ]

SEC. 305. RELOCATION OF SCIENTISTS.

       (a) Reinstatement of Classification Authority.--Section 4 
     of the Soviet Scientists Immigration Act of 1992 (Public Law 
     102-509; 106 Stat. 3316; 8 U.S.C. 1153 note) is amended by 
     striking subsection (d) and inserting the following:
       ``(d) Duration of Authority.--The authority under 
     subsection (a) shall be in effect during the following 
     periods:
       ``(1) The period beginning on the date of the enactment of 
     this Act and ending 4 years after such date.
       ``(2) The period beginning on the date of the enactment of 
     the Security Assistance Act of 2001 and ending 4 years after 
     such date.''.
       (b) Limitation on Number of Scientists Eligible for Visas 
     Under Authority.--Subsection (c) of such section is amended 
     by striking ``750'' and inserting ``950''.
       (c) Limitation on Eligibility.--Subsection (a) of such 
     section is amended by adding at the end the following new 
     sentence: ``A scientist is not eligible for designation under 
     this subsection if the scientist has previously been granted 
     the status of an alien lawfully admitted for permanent 
     residence (as defined in section 101(a)(20) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(20))).''.
       (d) Consultation Requirement.--The Attorney General shall 
     consult with the Secretary, the Secretary of Defense, the 
     Secretary of Energy, and the heads of other appropriate 
     agencies of the United States regarding--
       (1) previous experience in implementing the Soviet 
     Scientists Immigration Act of 1992; and
       (2) any changes that those officials would recommend in the 
     regulations prescribed under that Act.
								  
								  
								  
								  
								  


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