ILW.COM - immigration news: IRAQI SCIENTISTS IMMIGRATION ACT OF 2002

[Congressional Record: November 20, 2002 (Senate)] [Page S11772-S11773] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr20no02pt2-60] 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. [[Page S11773]] 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 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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