[Congressional Record Volume 147, Number 49 (Thursday, April 5, 2001)]
[Senate]
[Pages S3532-S3533]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ALLEN (for himself, Mr. Warner, Mr. Helms, Mr. Specter, 
        Mr. Brownback, Mrs. Feinstein, and Mr. Hutchinson):
  S. 702. A bill for the relief of Gao Zhan; to the Committee on the 
Judiciary.
  Mr. ALLEN. Mr. President, I rise to introduce legislation on behalf 
of myself, Senators Warner, Helms, Specter, Brownback, Feinstein and 
Tim Hutchinson. This bill will grant citizenship to a Chinese woman, 
Gao Zhan, who has been living in Virginia and is a researcher at 
American University.
  Early this year, Gao Zhan, her husband, Dong Hua Xue and their 5-
year-old son, Andrew, went to the People's Republic of China to visit 
the parents of Gao Zhan and Dong Hua. On February 11, 2001, Gao, Dong 
Hua, and Andrew were detained as they were leaving the People's 
Republic of China. They were separated, blindfolded and taken 
incommunicado to unknown locations.
  After 26 days of separated detention, Chinese authorities released 
Dong Hua and Andrew. Dong Hua and Andrew returned to their home in 
Virginia. Gao Zhan has remained in a Chinese prison. We do not know 
where she is and no one has been permitted to visit her.
  The U.S. Department of State has made over a dozen protests to the 
government of the People's Republic of China about this matter but the 
government of the People's Republic of China has refused to permit 
access to Gao Zhan.
  The requirements to become a U.S. citizen are: Establishing residency 
for five years prior to application; Passing the INS test on U.S. 
history, government and language; Passing the FBI background 
investigation; and Taking the oath of renunciation and allegiance.
  Gao Zhan and her husband, Dong Hua, have been permanent resident 
aliens of the United States since September 28, 1993. They filed 
applications to become citizens on August 3, 1998. Their applications 
to become citizens were granted on November 24, 1999. The only step 
that remained before they could become citizens was to take their oath 
of renunciation and allegiance.
  Gao Zhan and Dong Hua had completed the first three of these 
requirements before they visited the People's Republic of China. Last 
Friday, March 30, Dong Hua took his oath of renunciation and 
allegiance.
  This legislation would permit Gao Zhan to become a U.S. citizen 
without her having to take the oath. In addition, the legislation 
provides that the Attorney General may deliver the certificate 
indicating that Gao Zhan is a citizen to her husband if it cannot be 
delivered personally to her.
  This bill will be referred to the Subcommittee on Immigration of the 
Senate Committee on the Judiciary. I have spoken with Senator 
Brownback, chairman of the Subcommittee, as well as Senator Feinstein 
ranking member, and Senator Hatch, chairman of the full Committee, and 
urged them to move this bill as rapidly as possible.
  The first step that will be taken by the Subcommittee on Immigration 
is to request a report on this case from the Immigration and 
Naturalization Service, INS, which will provide the Subcommittee with a 
factual record from which to operate. I have been told that this report 
may take about two weeks to prepare.
  When the Deputy Prime Minister of the People's Republic of China 
visited the United States last month, President Bush raised the issue 
of Gao Zhan's continued detention and the refusal to permit officials 
of the U.S. government to visit her.
  Secretary of State Colin Powell recently called for the release of 
Gao Zhan on humanitarian grounds and criticized the People's Republic 
of China for holding Andrew, Gao Zhan's 5 year old son and a U.S. 
citizen, without notifying our Embassy in Beijing as required by 
treaty.
  It has been reported that this past Tuesday, the People's Republic of 
China formally accused Gao Zhan of ``accepting money from a foreign 
intelligence agency and participating in espionage activities in 
China.'' If Gao Zhan is tried on this charge, she is likely to be 
convicted and given a long prison sentence. China tries such security 
cases in secret and allows little chance for defendants to respond to 
the charges.
  I hope the introduction of this bill and its consideration by the 
Congress

[[Page S3533]]

will improve Gao Zhan's conditions in the People's Republic of China, 
afford her protections and rights that she doesn't currently have as a 
permanent resident alien and hopefully lead to her release. I ask 
unanimous consent that the text of this bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 702

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

     SECTION 1. NATURALIZATION OF GAO ZHAN.

       (a) Naturalization.--Notwithstanding any other provision of 
     law, the Attorney General shall naturalize Gao Zhan as a 
     citizen of the United States, without her being administered 
     the oath of renunciation and allegiance pursuant to section 
     337(a) of the Immigration and Nationality Act (8 U.S.C. 
     1448(a)), not later than 5 days after the date of the 
     enactment of this Act.
       (b) Certificate of Naturalization.--Not later than 5 days 
     after the date of naturalization under paragraph (1), an 
     appropriate official of the United States Government 
     designated by the Attorney General shall deliver to Gao Zhan 
     a certificate of naturalization prepared by the Attorney 
     General. If the Attorney General determines that delivery of 
     the certificate of naturalization cannot be made within the 
     period specified, the Attorney shall furnish the certificate 
     to Gao Zhan's spouse, Xue Donghua, on her behalf.
                                 ______