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[Congressional Record: October 8, 2002 (Senate)]
[Page S10120-S10130]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr08oc02-167]                         

[ ... ]


[[Page S10121]]


[ ... ]


                                 ______
                                 
      By Mr. BIDEN (for himself and Mr. Specter):
  S. 3079. 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; to the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, last night the President of the United 
States said something very important about United Nations inspections 
in Iraq. He said:

       Clearly, to actually work, any new inspections. . .will 
     have to be very different. . . . To ensure that we learn the 
     truth, the regime must allow witnesses to its illegal 
     activities to be interviewed outside the country, and these 
     witnesses must be free to bring their families with them so 
     they are all beyond the reach of Saddam Hussein's terror and 
     murder. And inspectors must have access to any site, at any 
     time, without pre-clearance, without delay, without 
     exceptions.

  The President is right on the money about the inspections. This is 
how to get the information the world needs on Saddam Hussein's weapons 
of mass destruction programs. But how is the U.N. to do that?
  Where will those weapons scientists and their families go, once 
they've told the truth about Saddam's weapons programs? They can't go 
home again. And at least in the short run, there will be no safe haven 
in the region for the people who reveal Saddam's most terrible secrets.
  So where will those scientists go? Maybe some can go to Europe, 
although both al Qaeda cells and Saddam's agents have operated there. 
Maybe some can go to Canada, or to South America.
  But if the United States wants the world to show resolve in dealing 
with Saddam Hussein, then we should show the way by taking the lead in 
admitting those Iraqis who have the courage to betray Saddam's nuclear, 
chemical and biological weapons programs.
  We have a large country in which to absorb those people, and, for all 
our problems, we have the best law enforcement and security apparatus 
to guard them.
  What we do not have is an immigration system that readily admits 
large numbers of persons who have a recent involvement with weapons of 
mass destruction, have recently aided a country in the so-called ``axis 
of evil,'' and are bringing their families.
  I am introducing today, therefore, legislation to admit to our 
country those Iraqi scientists, engineers and technicians, and their 
families, who give reliable information on Saddam's programs to us, to 
the United Nations, or to the International Atomic Energy Agency.
  My esteemed colleague on the Judiciary Committee, Senator Specter of 
Pennsylvania, joins me in introducing this legislation, and I am very 
pleased to have his support. This bill is not political. Rather, it is 
a bipartisan effort to help the President succeed in forcing Iraq to 
destroy all its weapons of mass destruction capabilities.
  I urge my colleagues to support this legislation. Why? Because those 
Iraqis will deserve our protection. And equally important, because they 
will not come forward unless we offer that protection.
  Charles Duelfer, former Deputy Executive Director of UNSCOM, the 
original U.N. inspection force in Iraq, recently wrote an article 
entitled, ``The Inevitable Failure of Inspections in Iraq.'' He made 
the following recommendations: First, inspectors should be mandated to 
interview the few hundred key scientists, engineers, and technicians 
who were involved in the previous weapons of mass destruction efforts 
and have them account for their activities since December 1998. The 
U.N. knows who these individuals are. If, as is suspected, Iraq has 
been continuing to develop weapons of mass destruction, some or most of 
these people will have been involved.
  Second, the conditions for such interviews must be changed. Iraqi 
government observers must not be present. the previous UNSCOM agreement 
to the presence of such ``minders'' was a mistake. The fact that junior 
workers would shake with fear at the prospect of answering a question 
in a way inconsistent with government direction made this obvious.
  Third, and most important, the U.N. should offer sanctuary or safe 
haven to those who find it a condition for speaking the truth. The 
people are key to these programs. Access to the people under conditions 
where they could speak freely was not something UNSCOM ever achieved 
except in the rare instances of defection.
  Mr. Duelfer concludes: I often summarized this problem to Washington 
by suggesting that, if UNSCOM had 100 green cards to distribute during 
inspections, it could have quickly accounted for the weapons programs.
  Other experts, including Dr. Khidir Hamza, a former Iraqi nuclear 
weapons

[[Page S10122]]

scientist who testified before the Senate Foreign Relations Committee 
on July 27, have pointed out that by enticing scientists and engineers 
away from Iraq, we will also deprive Saddam Hussein of the very people 
he needs to produce those weapons of mass destruction and long-range 
missiles.
  If we do, in the end, have to go to war against Saddam, then the 
fewer weapons scientists he has, the better.
  Current law includes several means of either paroling non-immigrants 
into the United States or admitting people for permanent residence, 
notwithstanding their normal inadmissibility under the law.
  These are very limited provisions, however, and they will not suffice 
to accommodate hundreds of Iraqi scientists and their families.
  The legislation that I am introducing, the ``Iraqi Scientists 
Liberation Act of 2002,'' will permit the Secretary of State and the 
Attorney General, acting jointly and on a case-by-case basis, to admit 
a foreigner and his family for permanent residence if such person: is a 
scientist, engineer, or technician who has worked in an Iraqi program 
to produce weapons of mass destruction or the means to deliver them, 
during the years since the inspectors left and Saddam began rebuilding 
those programs; is willing to supply or has supplied reliable 
information on that program to UNMOVIC, to the IAEA, or to an agency of 
the United State Government; and will be or has been placed in danger 
as a result of providing such information.
  The Attorney General will be empowered to set the rules and 
regulations governing implementation of this law, in consultation with 
the Secretary of State and other relevant officials.
  Finally, this legislation will be limited to the admission of 500 
scientists, plus their families, over 3 years. If it works and we need 
to enlarge the program, we can do so.
  The important thing for now is to give our country the initial 
authority, and to give United Nations inspectors the ability to call on 
us when one of Saddam's nuclear, chemical or biological weapons experts 
is willing to help the world to bring those programs down.
  It is hard to predict what we will achieve by opening our doors. Iraq 
will surely object to giving UNMOVIC the inspection and interview 
powers that the President proposes. But if UNMOVIC does get into Iraq 
under a stronger Security Council resolution in the coming weeks, then 
having this law on the books could help to undermine Saddam Hussein's 
weapons of mass destruction programs.
  Even if inspectors never get in, a public offer of asylum for Iraq's 
scientists could lead some to defect, as Dr. Hamza did.
  Last night the President called for inspections that protect the 
lives of those who are interviewed and their families.
  We owe it to the President to do all we can to make that possible.
  We owe it to the United Nations inspectors to give them every chance 
to succeed.
  We owe to it Iraq's people and its neighbors to do everything we can 
to dismantle its weapons of mass destruction programs.
  And we owe it to our own people to do all we can to achieve that end 
peacefully, and with international support.
  This bill is a small step toward those ends, but it is a vital one. I 
urge my colleagues to give it their immediate attention and their 
considered support.
  I ask unanimous consent that the full text of my bill appear 
following my remarks in the Congressional Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 3079

       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 known as the ``Iraqi Scientists Liberation 
     Act of 2002''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The President stated in substance the following to the 
     United Nations General Assembly:
       (A) In 1991, the Iraqi regime agreed to destroy and stop 
     developing all weapons of mass destruction and long-range 
     missiles, and to prove to the world it has done so by 
     complying with rigorous inspections. Iraq has broken every 
     aspect of this fundamental pledge.
       (B) Today, Iraq continues to withhold important information 
     about its nuclear program: weapons design, procurement logs, 
     experiment data, an accounting of nuclear materials, and 
     documentation of foreign assistance. Iraq's state-controlled 
     media has reported numerous meetings between Saddam Hussein 
     and his nuclear scientists, leaving little doubt about his 
     continued appetite for these weapons.
       (C) Iraq also possesses a force of Scud-type missiles with 
     ranges greater than the 150 kilometers permitted by the 
     United Nations.
       (2) United Nations Special Commission (UNSCOM) experts 
     concluded that Iraq's declarations on biological agents 
     vastly understated the extent of its program, and that Iraq 
     actually produced two to four times the amount of most 
     agents, including anthrax and botulinum toxin, than it had 
     declared.
       (3) UNSCOM reported to the United Nations Security Council 
     in April 1995 that Iraq had concealed its biological weapons 
     program and had failed to account for 3 tons of growth 
     material for biological agents.
       (4) Gaps identified by UNSCOM in Iraqi accounting and 
     current production capabilities strongly suggest that Iraq 
     maintains stockpiles of chemical agents, probably VX, sarin, 
     cyclosarin, and mustard.
       (5) Iraq has not accounted for hundreds of tons of chemical 
     precursors and tens of thousands of unfilled munitions, 
     including Scud variant missile warheads.
       (6) Iraq has not accounted for at least 15,000 artillery 
     rockets that in the past were its preferred vehicle for 
     delivering nerve agents, nor has it accounted for about 550 
     artillery shells filled with mustard agent.
       (7) For nearly 4 years, Iraq has been able to pursue its 
     weapons of mass destruction programs free of inspections.
       (8) Inspections will fail if United Nations and 
     International Atomic Energy Agency inspectors do not have 
     speedy and complete access to any and all sites of interest 
     to them.
       (9) Inspections will be much less effective if those 
     scientists, engineers, and technicians whom the inspectors 
     interview are monitored and subjected to pressure by agents 
     of Saddam Hussein's regime.
       (10) As the President made clear in his speech to the 
     Nation on October 7, 2002, the most effective international 
     inspection of Iraq would include interviews with persons who 
     are unmonitored by Saddam Hussein's regime and who are 
     protected from it in return for providing reliable 
     information.
       (11) The emigration from Iraq of key scientists, engineers, 
     and technicians could substantially disable Saddam Hussein's 
     programs to produce weapons of mass destruction and the means 
     to deliver them.

     SEC. 3. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) Iraq must give United Nations and International Atomic 
     Energy Agency inspectors speedy and complete access to any 
     and all sites of interest to them;
       (2) United Nations and International Atomic Energy Agency 
     inspections in Iraq should include interviews with persons 
     who are unmonitored by Saddam Hussein's regime and who are 
     protected from it in return for providing reliable 
     information; and
       (3) key scientists, engineers, and technicians in Saddam 
     Hussein's programs to produce weapons of mass destruction and 
     the means to deliver them should be encouraged to leave those 
     programs and provide information to governments and 
     international institutions that are committed to dismantling 
     those programs.

     SEC. 4. ADMISSION OF CRITICAL ALIENS.

       (a) Authority.--Notwithstanding the provisions of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     whenever the Secretary of State and the Attorney General, 
     acting jointly, determine that the admission into the United 
     States of an alien described in subsection (b) is in the 
     public interest, the alien, and any member of the alien's 
     immediate family accompanying or following to join, shall be 
     eligible to receive an immigrant visa and to be admitted to 
     the United States for permanent residence.
       (b) Eligibility.--An alien described in this subsection is 
     an alien who--
       (1) is a scientist, engineer, or technician who has worked 
     at any time since December 16, 1998, in an Iraqi program to 
     produce weapons of mass destruction or the means to deliver 
     them;
       (2) is in possession of critical reliable information 
     concerning any such Iraqi program;
       (3) is willing to provide, or has provided, such 
     information to inspectors of the United Nations, inspectors 
     of the International Atomic Energy Agency, or any department, 
     agency, or other entity of the United States Government; and
       (4) will be or has been placed in danger as a result of 
     providing such information.
       (c) Limitation.--Not more than 500 principal aliens may be 
     admitted to the United States under subsection (a). The 
     limitation in this subsection does not apply to any immediate 
     family member accompanying or following to join a principal 
     alien.
       (d) Expiration of Authority.--The authority granted in this 
     section shall expire 36 months after the date of enactment of 
     this Act.

     SEC. 5. RULES AND REGULATIONS.

       The Attorney General, in consultation with the Secretary of 
     State, is authorized to prescribe such rules and regulations 
     as may be necessary to carry out the provisions of this Act.

[[Page S10123]]

     SEC. 6. 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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