[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3079 Referred in House (RFH)]

  2d Session
                                S. 3079


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 22, 2002

    Referred to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 AN ACT


 
 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 cited as the ``Iraqi Scientists Immigration Act of 
2002''.

SEC. 2. ADMISSION OF CRITICAL ALIENS.

    (a) Section 101(a)(15) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)), is amended--
            (1) by striking ``or'' at the end of subparagraph (U);
            (2) by striking the period at the end of subparagraph (V) 
        and inserting ``; or''; and
            (3) by adding a new subparagraph (W), reading:
                    ``(W) Subject to section 214(s), an alien--
                            ``(i) who the Attorney General determines, 
                        in coordination with the Secretary of State, 
                        the Director of Central Intelligence and such 
                        other officials as he may deem appropriate, and 
                        in the Attorney General's unreviewable 
                        discretion, is an individual--
                                    ``(I) who has worked at any time in 
                                an Iraqi program to produce weapons of 
                                mass destruction or the means to 
                                deliver them;
                                    ``(II) who is in possession of 
                                critical and reliable information 
                                concerning any such Iraqi program;
                                    ``(III) who is willing to provide, 
                                or has provided, such information to 
                                the United States Government;
                                    ``(IV) who may be willing to 
                                provide, or has provided, such 
                                information to inspectors of the United 
                                Nations or of the International Atomic 
                                Energy Agency;
                                    ``(V) who will be or has been 
                                placed in danger as a result of 
                                providing such information; and
                                    ``(VI) whose admission would be in 
                                the public interest or in the interest 
                                of national security; or
                            ``(ii) who is the spouse, married or 
                        unmarried son or daughter, parent, or other 
                        relative, as determined by the Attorney General 
                        in his unreviewable discretion, of an alien 
                        described in clause (i), if accompanying or 
                        following to join such alien, and whose 
                        admission the Attorney General, in coordination 
                        with the Secretary of State and the Director of 
                        Central Intelligence, determines in his 
                        unreviewable discretion is in the public 
                        interest or in the interest of national 
                        security.''.
    (b) Section 214 of the Immigration and Nationality Act (8 U.S.C. 
1184), is amended by--
            (1) redesignating subsections second (m) (as added by 
        section 105 of Public Law 106-313), (n) (as added by section 
        107(e) of Public Law 106-386), (o) (as added by section 1513(c) 
        of Public Law 106-386), second (o) (as added by section 1102(b) 
        of the Legal Immigration Family Equity Act), and (p) (as added 
        by section 1503(b) of the Legal Immigration Family Equity Act), 
        as subsections (n), (o), (p), (q), and (r) respectively; and
            (2) adding a new subsection (s) reading:
    ``(s) Numerical limitations and conditions of admission and stay 
for nonimmigrants admitted under section 101(a)(15)(W).
            ``(1) The number of aliens who may be admitted to the 
        United States or otherwise granted status under section 
        101(a)(15)(W)(i) may not exceed a total of 500.
            ``(2) As a condition for the admission, and continued stay 
        in lawful status, of any alien admitted to the United States or 
        otherwise granted status as a nonimmigrant under section 
        101(a)(15)(W), the nonimmigrant--
                    ``(A) shall report to the Attorney General such 
                information concerning the alien's whereabouts and 
                activities as the Attorney General may require;
                    ``(B) may not be convicted of any criminal offense 
                punishable by a term of imprisonment of 1 year or more 
                after the date of such admission or grant of status;
                    ``(C) must have executed a form that waives the 
                nonimmigrant's right to contest, other than on the 
                basis of an application for withholding of removal or 
                for protection under the Convention Against Torture, 
                any action for removal of the alien instituted before 
                the alien obtains lawful permanent resident status;
                    ``(D) shall cooperate fully with all requests for 
                information from the United States Government 
                including, but not limited to, fully and truthfully 
                disclosing to the United States Government all 
                information in the alien's possession concerning any 
                Iraqi program to produce weapons of mass destruction or 
                the means to deliver them; and
                    ``(E) shall abide by any other condition, 
                limitation, or restriction imposed by the Attorney 
                General.''.
    (c) Section 245 of the Immigration and Nationality Act (8 U.S.C. 
1255), is amended by--
            (1) In subsection (c), striking ``or'' before ``(8)'' and 
        inserting before the period, ``or (9) an alien who was admitted 
        as a nonimmigrant described in section 101(a)(15)(W)'';
            (2) redesignating subsection (l), relating to ``U'' visa 
        nonimmigrants, as subsection (m); and
            (3) adding a new subsection (n) reading:
    ``(n) Adjustment to permanent resident status of ``W'' 
nonimmigrants.
            ``(1) If, in the opinion of the Attorney General, a 
        nonimmigrant admitted into the United States (or otherwise 
        provided nonimmigrant status) under section 101(a)(15)(W)(i) 
        has complied with section 214(s) since such admission or grant 
        of status, the Attorney General may, in coordination with the 
        Secretary of State and the Director of Central Intelligence, 
        and in his unreviewable discretion, adjust the status of the 
        alien (and any alien who has accompanied or followed to join 
        such alien pursuant to section 101(a)(15)(W)(ii) and who has 
        complied with section 214(s) since admission or grant of 
        nonimmigrant status) to that of an alien lawfully admitted for 
        permanent residence if the alien is not described in section 
        212(a)(3)(E).
            ``(2) Upon the approval of adjustment of status of any 
        alien under paragraph (1), the Attorney General shall record 
        the alien's lawful admission for permanent residence as of the 
        date of such approval and the Secretary of State shall reduce 
        by one the number of visas authorized to be issued under 
        sections 201(d) and 203(b)(4) for the fiscal year then 
        current.''.
    (d) Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)), is amended by inserting a new paragraph (d)(2) reading:
            ``(2) The Attorney General shall determine whether a ground 
        of inadmissibility exists with respect to a nonimmigrant 
        described in section 101(a)(15)(W). The Attorney General, in 
        the Attorney General's discretion, may waive the application of 
        subsection (a) in the case of such a nonimmigrant if the 
        Attorney General considers it to be in the public interest or 
        in the interest of national security.''.
    (e) Section 248(1) of the Immigration and Nationality Act (8 U.S.C. 
1258(1)), is amended by striking ``or (S)'' and inserting ``(S)'', or 
(W)''.

SEC. 3. WEAPONS 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)''.

            Passed the Senate November 20, 2002.

            Attest:

                                                  JERI THOMSON,

                                                             Secretary.