[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 205 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 205

 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

                            January 23, 2003

    Mr. Biden (for himself, Mr. Specter, Mr. Lugar, and Mr. Hatch) 
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 cited as the ``Iraqi Scientists Immigration Act of 
2003''.

SEC. 2. ADMISSION OF CRITICAL ALIENS.

    (a) Nonimmigrant Category.--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 at the end the following new subparagraph:
            ``(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) Limitations and Conditions Applicable to ``W'' Nonimmigrants.--
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is 
amended--
            (1) by redesignating subsections (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), (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) by adding at the end the following new subsection:
    ``(s) Numerical Limitations and Conditions of Admission and Stay 
For Nonimmigrants Admitted Under Section 101(a)(15)(W).--
            ``(1) Limitation.--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) Conditions.--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) Adjustment of Status.--Section 245 of the Immigration and 
Nationality Act (8 U.S.C. 1255) is amended--
            (1) in subsection (c)--
                    (A) by striking ``or'' before ``(8)''; and
                    (B) by inserting before the period ``or (9) an 
                alien who was admitted as a nonimmigrant described in 
                section 101(a)(15)(W)'';
            (2) by redesignating subsection (l), relating to ``U'' visa 
        nonimmigrants, as subsection (m); and
            (3) by adding at the end the following new subsection:
    ``(n) Adjustment to Permanent Resident Status of `W' 
Nonimmigrants.--
            ``(1) In general.--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) Record of admission; reduction in visa numbers.--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) Waiver Authority.--Section 212(d) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)) is amended by inserting after 
paragraph (1) the following new paragraph:
    ``(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) Conforming Amendment.--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. 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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