[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3079 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3079

 To authorize the issuance of immigrant visas to, and the admission to 
   the United States for permanent residence of, certain scientists, 
  engineers, and technicians who have worked in Iraqi weapons of mass 
                         destruction programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 8, 2002

Mr. Biden (for himself and Mr. Specter) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To authorize the issuance of immigrant visas to, and the admission to 
   the United States for permanent residence of, certain scientists, 
  engineers, and technicians who have worked in Iraqi weapons of mass 
                         destruction programs.

    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 known as the ``Iraqi Scientists Liberation Act of 
2002''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The President stated in substance the following to the 
        United Nations General Assembly:
                    (A) In 1991, the Iraqi regime agreed to destroy and 
                stop developing all weapons of mass destruction and 
                long-range missiles, and to prove to the world it has 
                done so by complying with rigorous inspections. Iraq 
                has broken every aspect of this fundamental pledge.
                    (B) Today, Iraq continues to withhold important 
                information about its nuclear program: weapons design, 
                procurement logs, experiment data, an accounting of 
                nuclear materials, and documentation of foreign 
                assistance. Iraq's state-controlled media has reported 
                numerous meetings between Saddam Hussein and his 
                nuclear scientists, leaving little doubt about his 
                continued appetite for these weapons.
                    (C) Iraq also possesses a force of Scud-type 
                missiles with ranges greater than the 150 kilometers 
                permitted by the United Nations.
            (2) United Nations Special Commission (UNSCOM) experts 
        concluded that Iraq's declarations on biological agents vastly 
        understated the extent of its program, and that Iraq actually 
        produced two to four times the amount of most agents, including 
        anthrax and botulinum toxin, than it had declared.
            (3) UNSCOM reported to the United Nations Security Council 
        in April 1995 that Iraq had concealed its biological weapons 
        program and had failed to account for 3 tons of growth material 
        for biological agents.
            (4) Gaps identified by UNSCOM in Iraqi accounting and 
        current production capabilities strongly suggest that Iraq 
        maintains stockpiles of chemical agents, probably VX, sarin, 
        cyclosarin, and mustard.
            (5) Iraq has not accounted for hundreds of tons of chemical 
        precursors and tens of thousands of unfilled munitions, 
        including Scud variant missile warheads.
            (6) Iraq has not accounted for at least 15,000 artillery 
        rockets that in the past were its preferred vehicle for 
        delivering nerve agents, nor has it accounted for about 550 
        artillery shells filled with mustard agent.
            (7) For nearly 4 years, Iraq has been able to pursue its 
        weapons of mass destruction programs free of inspections.
            (8) Inspections will fail if United Nations and 
        International Atomic Energy Agency inspectors do not have 
        speedy and complete access to any and all sites of interest to 
        them.
            (9) Inspections will be much less effective if those 
        scientists, engineers, and technicians whom the inspectors 
        interview are monitored and subjected to pressure by agents of 
        Saddam Hussein's regime.
            (10) As the President made clear in his speech to the 
        Nation on October 7, 2002, the most effective international 
        inspection of Iraq would include interviews with persons who 
        are unmonitored by Saddam Hussein's regime and who are 
        protected from it in return for providing reliable information.
            (11) The emigration from Iraq of key scientists, engineers, 
        and technicians could substantially disable Saddam Hussein's 
        programs to produce weapons of mass destruction and the means 
        to deliver them.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) Iraq must give United Nations and International Atomic 
        Energy Agency inspectors speedy and complete access to any and 
        all sites of interest to them;
            (2) United Nations and International Atomic Energy Agency 
        inspections in Iraq should include interviews with persons who 
        are unmonitored by Saddam Hussein's regime and who are 
        protected from it in return for providing reliable information; 
        and
            (3) key scientists, engineers, and technicians in Saddam 
        Hussein's programs to produce weapons of mass destruction and 
        the means to deliver them should be encouraged to leave those 
        programs and provide information to governments and 
        international institutions that are committed to dismantling 
        those programs.

SEC. 4. ADMISSION OF CRITICAL ALIENS.

    (a) Authority.--Notwithstanding the provisions of the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.), whenever the Secretary of 
State and the Attorney General, acting jointly, determine that the 
admission into the United States of an alien described in subsection 
(b) is in the public interest, the alien, and any member of the alien's 
immediate family accompanying or following to join, shall be eligible 
to receive an immigrant visa and to be admitted to the United States 
for permanent residence.
    (b) Eligibility.--An alien described in this subsection is an alien 
who--
            (1) is a scientist, engineer, or technician who has worked 
        at any time since December 16, 1998, in an Iraqi program to 
        produce weapons of mass destruction or the means to deliver 
        them;
            (2) is in possession of critical reliable information 
        concerning any such Iraqi program;
            (3) is willing to provide, or has provided, such 
        information to inspectors of the United Nations, inspectors of 
        the International Atomic Energy Agency, or any department, 
        agency, or other entity of the United States Government; and
            (4) will be or has been placed in danger as a result of 
        providing such information.
    (c) Limitation.--Not more than 500 principal aliens may be admitted 
to the United States under subsection (a). The limitation in this 
subsection does not apply to any immediate family member accompanying 
or following to join a principal alien.
    (d) Expiration of Authority.--The authority granted in this section 
shall expire 36 months after the date of enactment of this Act.

SEC. 5. RULES AND REGULATIONS.

    The Attorney General, in consultation with the Secretary of State, 
is authorized to prescribe such rules and regulations as may be 
necessary to carry out the provisions of this Act.

SEC. 6. WEAPON OF MASS DESTRUCTION DEFINED.

    (a) In General.--In this Act, the term ``weapon of mass 
destruction'' has the meaning given the term in section 1403(1) of the 
Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of 
Public Law 104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)), as amended by 
subsection (b).
    (b) Technical Correction.--Section 1403(1)(B) of the Defense 
Against Weapons of Mass Destruction Act of 1996 (title XIV of Public 
Law 104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)(B)) is amended by 
striking ``a disease organism'' and inserting ``a biological agent, 
toxin, or vector (as those terms are defined in section 178 of title 
18, United States Code)''.
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