[Congressional Record (Bound Edition), Volume 148 (2002), Part 17]
[Senate]
[Pages 23400-23401]
[From the U.S. Government Publishing Office, www.gpo.gov]




                IRAQI SCIENTISTS IMMIGRATION ACT OF 2002

  Mr. REID. Mr. President, I ask unanimous consent that the Judiciary 
Committee be discharged from further consideration of S. 3079, and that 
the Senate proceed to its consideration.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. REID. Mr. President, I ask unanimous consent that the Biden 
substitute amendment at the desk be agreed to, the bill, as amended, be 
read the third time and passed, the motion to reconsider be laid upon 
the table, with no intervening action or debate, and that any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4979) in the nature of a substitute was agreed to, 
as follows:

                           amendment no. 4979

              (Purpose: To provide a complete substitute)

       Strike all after the enacting clause and insert the 
     following:

     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 the subparagraph (U);
       (2) by striking the period at the end of the 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

[[Page 23401]]

     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 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, 
     Sec. 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 (1), 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 resident 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 Immigrantion and Nationality Act, 
     Sec. 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(I), 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)''.

  The bill (S. 3079), as amended, was read the third time and passed.

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