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Calendar No. 9
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, Mr. Hatch, and Mr.
Leahy) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
January 30, 2003
Reported by Mr. Hatch, without amendment
_______________________________________________________________________
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)''.
Calendar No. 9
108th CONGRESS
1st Session
S. 205
_______________________________________________________________________
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.
_______________________________________________________________________
January 30, 2003
Reported without amendment
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