[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2069 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2069

   To expand the S visa classification to include aliens who are in 
possession of critical reliable information with respect to weapons of 
mass destruction, to establish a Weapons of Mass Destruction Informant 
                    Center, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2004

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

_______________________________________________________________________

                                 A BILL


 
   To expand the S visa classification to include aliens who are in 
possession of critical reliable information with respect to weapons of 
mass destruction, to establish a Weapons of Mass Destruction Informant 
                    Center, and for other purposes.

    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 ``International Weapons of Mass 
Destruction Informant Act''.

SEC. 2. S VISA.

    (a) Expansion of S Visa Classification.--Section 101(a)(15)(S) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(S)) is 
amended--
            (1) in clause (i)--
                    (A) by striking ``Attorney General'' each place 
                that term appears and inserting ``Secretary of Homeland 
                Security''; and
                    (B) by striking ``or'' at the end; and
            (2) in clause (ii)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security''; and
                    (B) by striking ``1956,'' and all that follows 
                through ``the alien;'' and inserting the following: 
                ``1956; or
                    ``(iii) who the Secretary of Homeland Security and 
                the Secretary of State, in consultation with the 
                Director of Central Intelligence, jointly determine--
                            ``(I) is in possession of critical reliable 
                        information concerning the activities of 
                        governments or organizations, or their agents, 
                        representatives, or officials, with respect to 
                        weapons of mass destruction and related 
                        delivery systems, if such governments or 
                        organizations are at risk of developing, 
                        selling, or transferring such weapons or 
                        related delivery systems; and
                            ``(II) is willing to supply or has 
                        supplied, fully and in good faith, information 
                        described in subclause (I) to appropriate 
                        persons within the United States Government;
        and, if the Secretary of Homeland Security (or with respect to 
        clause (ii), the Secretary of State and the Secretary of 
        Homeland Security jointly) considers it to be appropriate, the 
        spouse, married and unmarried sons and daughters, and parents 
        of an alien described in clause (i), (ii), or (iii) if 
        accompanying, or following to join, the alien;''.
    (b) Numerical Limitation.--Section 214(k)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1184(k)(1)) is amended by striking ``The 
number of aliens'' and all that follows through the period and 
inserting the following: ``The number of aliens who may be provided a 
visa as nonimmigrants under section 101(a)(15)(S) in any fiscal year 
may not exceed 3,500.''.

SEC. 3. WEAPONS OF MASS DESTRUCTION INFORMANT CENTER.

    (a) Establishment.--There is established within the Directorate for 
Information Analysis and Infrastructure Protection of the Department of 
Homeland Security a Weapons of Mass Destruction Informant Center.
    (b) Coordinator.--The Assistant Secretary with responsibility for 
the Directorate for Information Analysis and Infrastructure Protection 
shall appoint a coordinator to execute the responsibilities, as 
described in subsection (c), of the Weapons of Mass Destruction 
Informant Center.
    (c) Responsibilities.--The Weapons of Mass Destruction Informant 
Center established under subsection (a) shall--
            (1) receive all raw information provided from aliens who 
        are provided a visa under section 101(a)(15)(S)(iii) of the 
        Immigration and Nationality Act (8 U.S.C 1101(a)(15)(S)(iii)), 
        as added by section 101 of this Act;
            (2) report all information that is provided by such aliens 
        and is related to the development, sale, or transfer of weapons 
        of mass destruction and related delivery systems, materials, 
        and technologies to senior officials at the Department of 
        Homeland Security, the Central Intelligence Agency, and other 
        relevant components of the intelligence and law enforcement 
        communities, including the Federal Bureau of Investigation;
            (3) ensure that all aliens who have provided critical, 
        reliable information concerning the activities of any 
        government or organization, or their agents, representatives, 
        or officials, with respect to weapons of mass destruction and 
        related delivery systems, materials, and technologies, if such 
        governments or organizations are at risk of using or exporting 
        such weapons or related delivery systems, are given the highest 
        consideration for visas described in such section 
        101(a)(15)(S)(iii);
            (4) educate consular officers at the Department of State, 
        and immigration inspectors and examiners at the Department of 
        Homeland Security, regarding the visa classification described 
        in such section 101(a)(15)(S)(iii);
            (5) facilitate, receive, and evaluate visa requests for 
        nonimmigrants described in such section 101(a)(15)(S)(iii) in 
        consultation with appropriate personnel both within and outside 
        of the Department of Homeland Security;
            (6) if a visa described in such section 101(a)(15)(S)(iii) 
        is approved, act in coordination with the Director of the 
        Bureau of Citizenship and Immigration Services and other 
        appropriate government agencies to facilitate the issuance of 
        such visas, including additional visas as are considered to be 
        appropriate for the spouse, married or unmarried sons and 
        daughters, and parents of the alien whose request was granted;
            (7) facilitate the cooperation of aliens who receive such 
        visas with the United States Government in ways that further 
        the purposes of the visa;
            (8) ensure that aliens who receive such visas comply with 
        the terms of the visa; and
            (9) ensure that such visas are not utilized as a method of 
        gaining entry into the United States for any purpose other than 
        those outlined in this Act.
                                 <all>