II 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘International Weapons 

5 of Mass Destruction Informant Act’’. 
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1 SEC. 2. S VISA. 

2 (a) EXPANSION OF S VISA CLASSIFICATION.—Sec3 tion 101(a)(15)(S) of the Immigration and Nationality 

4 Act (8 U.S.C. 1101(a)(15)(S)) is amended—

5 (1) in clause (i)—

6 (A) by striking ‘‘Attorney General’’ each 

7 place that term appears and inserting ‘‘Sec8 retary of Homeland Security’’; and 

9 (B) by striking ‘‘or’’ at the end; and 

10 (2) in clause (ii)—

11 (A) by striking ‘‘Attorney General’’ and in12 serting ‘‘Secretary of Homeland Security’’; and 

13 (B) by striking ‘‘1956,’’ and all that fol14 lows through ‘‘the alien;’’ and inserting the fol15 lowing: ‘‘1956; or 

16 ‘‘(iii) who the Secretary of Homeland Se17 curity and the Secretary of State, in consulta18 tion with the Director of Central Intelligence, 

19 jointly determine—

20 ‘‘(I) is in possession of critical reliable 

21 information concerning the activities of 

22 governments or organizations, or their 

23 agents, representatives, or officials, with 

24 respect to weapons of mass destruction 

25 and related delivery systems, if such gov26 ernments or organizations are at risk of 
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1 developing, selling, or transferring such 

2 weapons or related delivery systems; and 

3 ‘‘(II) is willing to supply or has sup4 plied, fully and in good faith, information 

5 described in subclause (I) to appropriate 

6 persons within the United States Govern7 ment; 

8 and, if the Secretary of Homeland Security (or with 

9 respect to clause (ii), the Secretary of State and the 

10 Secretary of Homeland Security jointly) considers it 

11 to be appropriate, the spouse, married and unmar12 ried sons and daughters, and parents of an alien de13 scribed in clause (i), (ii), or (iii) if accompanying, or 

14 following to join, the alien;’’. 

15 (b) NUMERICAL LIMITATION.—Section 214(k)(1) of 

16 the Immigration and Nationality Act (8 U.S.C. 

17 1184(k)(1)) is amended by striking ‘‘The number of 

18 aliens’’ and all that follows through the period and insert19 ing the following: ‘‘The number of aliens who may be pro20 vided a visa as nonimmigrants under section 

21 101(a)(15)(S) in any fiscal year may not exceed 3,500.’’. 

22 SEC. 3. WEAPONS OF MASS DESTRUCTION INFORMANT 

23 CENTER. 

24 (a) ESTABLISHMENT.—There is established within 

25 the Directorate for Information Analysis and Infrastruc-
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1 ture Protection of the Department of Homeland Security 

2 a Weapons of Mass Destruction Informant Center. 

3 (b) COORDINATOR.—The Assistant Secretary with re4 sponsibility for the Directorate for Information Analysis 

5 and Infrastructure Protection shall appoint a coordinator 

6 to execute the responsibilities, as described in subsection 

7 (c), of the Weapons of Mass Destruction Informant Cen8 ter. 

9 (c) RESPONSIBILITIES.—The Weapons of Mass De10 struction Informant Center established under subsection 

11 (a) shall—

12 (1) receive all raw information provided from 

13 aliens who are provided a visa under section 

14 101(a)(15)(S)(iii) of the Immigration and Nation15 ality Act (8 U.S.C 1101(a)(15)(S)(iii)), as added by 

16 section 101 of this Act; 

17 (2) report all information that is provided by 

18 such aliens and is related to the development, sale, 

19 or transfer of weapons of mass destruction and re20 lated delivery systems, materials, and technologies to 

21 senior officials at the Department of Homeland Se22 curity, the Central Intelligence Agency, and other 

23 relevant components of the intelligence and law en24 forcement communities, including the Federal Bu25 reau of Investigation; 
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1 (3) ensure that all aliens who have provided 

2 critical, reliable information concerning the activities 

3 of any government or organization, or their agents, 

4 representatives, or officials, with respect to weapons 

5 of mass destruction and related delivery systems, 

6 materials, and technologies, if such governments or 

7 organizations are at risk of using or exporting such 

8 weapons or related delivery systems, are given the 

9 highest consideration for visas described in such sec10 tion 101(a)(15)(S)(iii); 

11 (4) educate consular officers at the Department 

12 of State, and immigration inspectors and examiners 

13 at the Department of Homeland Security, regarding 

14 the visa classification described in such section 

15 101(a)(15)(S)(iii); 

16 (5) facilitate, receive, and evaluate visa requests 

17 for nonimmigrants described in such section 

18 101(a)(15)(S)(iii) in consultation with appropriate 

19 personnel both within and outside of the Department 

20 of Homeland Security; 

21 (6) if a visa described in such section 

22 101(a)(15)(S)(iii) is approved, act in coordination 

23 with the Director of the Bureau of Citizenship and 

24 Immigration Services and other appropriate govern25 ment agencies to facilitate the issuance of such 
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1 visas, including additional visas as are considered to 

2 be appropriate for the spouse, married or unmarried 

3 sons and daughters, and parents of the alien whose 

4 request was granted; 

5 (7) facilitate the cooperation of aliens who re6 ceive such visas with the United States Government 

7 in ways that further the purposes of the visa; 

8 (8) ensure that aliens who receive such visas 

9 comply with the terms of the visa; and 

10 (9) ensure that such visas are not utilized as a 

11 method of gaining entry into the United States for 

12 any purpose other than those outlined in this Act.

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