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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Simon Wiesenthal Holocaust Education 
Assistance Act''.

SEC. 2. HOLOCAUST EDUCATIONAL PROGRAM.

    Part A of title IV of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7111 et seq.) is amended by adding at the end the 
following:

          ``Subpart 3--Holocaust Education Assistance Program

``SEC. 4131. FINDINGS AND PURPOSES.

    ``(a) Findings.--The Congress finds the following:
            ``(1) The Holocaust was a historical event that resulted in 
        the systemic, state-sponsored, mass murders by Nazi Germany of 
        6,000,000 Jews, along with millions of others, in the name of 
        racial purity.
            ``(2) Eight States (California, Florida, Illinois, Indiana, 
        Michigan, New Jersey, New York, and Rhode Island) now mandate 
        that the Holocaust be taught in the educational curriculum, and 
        12 States (Alabama, Connecticut, Georgia, Mississippi, 
        Missouri, Nevada, North Carolina, Pennsylvania, South Carolina, 
        Tennessee, Washington, and West Virginia) recommend teaching 
        the Holocaust but the funds necessary to carry out those 
        recommendations may not be available.
            ``(3) The Holocaust is a sensitive and difficult subject to 
        teach effectively, and educators need appropriate teaching 
        tools and training to increase their knowledge of the Holocaust 
        and enhance the educational experience.
    ``(b) Statement of Purpose.--It is the purpose of this subpart--
            ``(1) to educate students in the United States so that 
        they--
                    ``(A) may explore the lessons that the Holocaust 
                provides for all people; and
                    ``(B) may be less susceptible to the falsehood of 
                Holocaust denial and to the destructive messages of 
                hate that arise from Holocaust denial; and
            ``(2) to provide resources and support for educational 
        programs that--
                    ``(A) portray accurate historical information about 
                the Holocaust;
                    ``(B) sensitize communities to the circumstances 
                that gave rise to the Holocaust;
                    ``(C) convey the lessons that the Holocaust 
                provides for all people; and
                    ``(D) develop curriculum guides and provide 
                training to help teachers incorporate the study of the 
                Holocaust and its lessons into mainstream disciplines.

``SEC. 4132. PROGRAM AUTHORIZED.

    ``(a) In General.--From funds made available under subsection (c), 
the Secretary is authorized to award grants to educational 
organizations to carry out proposed or existing Holocaust educational 
programs.
    ``(b) Contract With Nonprofit.--The Secretary is authorized to 
enter into a contract with a nonprofit organization exempt from 
taxation under section 501(c)(3) of the Internal Revenue Code of 1986 
under which the organization will encourage, accept, and administer 
voluntary private donations and gifts of money from individuals, 
corporations, foundations and other donors for the purpose of funding 
the activities under this subpart. A donation may not be accepted in 
exchange for a commitment to the donor on the part of the Secretary or 
which attaches conditions inconsistent with applicable laws and 
regulations or that is conditioned upon or will require the expenditure 
of appropriated funds that are not available to the Department, or 
which compromises a criminal or civil position of the United States or 
any of its departments or agencies or the administrative authority of 
any agency of the United States. The Secretary shall ensure that such 
contract contains provisions setting forth the criteria to be used in 
determining whether the solicitation or acceptance of a donation is 
prohibited because the donation would reflect unfavorably upon the 
ability of the Department, or any official or employee of the 
Department, to carry out its responsibilities or official duties in a 
fair and objective manner, or would compromise the integrity or the 
appearance of the integrity of its programs or any official or employee 
involved in those programs.
    ``(c) Use of Funds.--The Secretary is authorized to accept 
donations of money from the nonprofit described in subsection (b). Such 
funds shall be deposited in a special fund established in the Treasury 
of the United States titled `Holocaust Education Assistance Program 
Account' and shall remain available to the Secretary until expended, to 
the extent provided in advance in appropriations Acts, to carry out 
this subpart.

``SEC. 4133. APPLICATION.

    ``The Secretary may award a grant under this subpart only to an 
educational organization that has submitted an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may require.

``SEC. 4134. USE OF GRANTS.

    ``(a) In General.--An educational organization receiving a grant 
under this subpart may use the grant only to carry out the Holocaust 
education program for which the grant was provided.
    ``(b) Requirements.--An educational organization receiving a grant 
under this subpart shall comply with the following requirements:
            ``(1) Continuation of eligibility.--The educational 
        organization shall, throughout the period that the educational 
        organization receives and uses the grant, continue to be an 
        educational organization.
            ``(2) Supplementation of existing funds.--The educational 
        organization shall ensure that the grant is used to supplement, 
        and not supplant, non-Federal funds that would otherwise be 
        available to the educational organization to carry out the 
        Holocaust education program for which the grant was provided.
    ``(c) Additional Conditions.--The Secretary may require additional 
terms and conditions in connection with the use of grants provided 
under this subpart as the Secretary considers appropriate.
    ``(d) Cooperative Arrangements.--The Secretary should encourage 
educational organizations to work cooperatively with State educational 
agencies or local educational agencies in applying for and using grants 
under this subpart.

``SEC. 4135. SELECTION CRITERIA.

    ``(a) In General.--The Secretary shall award grants under this 
subpart in accordance with competitive criteria to be established by 
the Secretary.
    ``(b) Consultation With Holocaust Educators.--In establishing the 
competitive criteria under subsection (a), the Secretary shall consult 
with a number of prominent educators in the field of Holocaust 
education, to be determined by the Secretary.

``SEC. 4136. REVIEW AND SANCTIONS.

    ``(a) Annual Review.--The Secretary shall review at least annually 
each educational organization receiving a grant under this subpart to 
determine the extent to which the educational organization has complied 
with the provisions of this subpart and the regulations issued under 
this subpart.
    ``(b) Imposition of Sanctions.--The Secretary may impose one or 
more sanctions, to be determined by the Secretary, on an educational 
organization for the failure of the educational organization to comply 
substantially with the provisions of this subpart or the regulations 
issued under this subpart.

``SEC. 4137. ANNUAL REPORT.

    ``Not later than February 1 of each year, the Secretary shall 
submit to the Congress a report describing the activities carried out 
under this subpart and containing any related information that the 
Secretary considers appropriate.

``SEC. 4138. DEFINITIONS.

    ``In this subpart:
            ``(1) Educational organization.--The term `educational 
        organization' means an entity--
                    ``(A) described in section 501(c)(3) of the 
                Internal Revenue Code of 1986;
                    ``(B) exempt from tax under section 501(a) of the 
                Internal Revenue Code of 1986; and
                    ``(C) organized and operated for cultural, 
                literary, or educational purposes.
            ``(2) Holocaust education program.--The term `Holocaust 
        education program' means a program that--
                    ``(A) has as its specific and primary purpose to 
                improve awareness and understanding of the Holocaust; 
                and
                    ``(B) to achieve such purpose, furnishes one or 
                more of the following:
                            ``(i) Educational materials.
                            ``(ii) Student and school-based activities, 
                        including field trips.
                            ``(iii) Teacher training.
                            ``(iv) Any other good or service designed 
                        to improve awareness and understanding of the 
                        Holocaust.
            ``(3) Holocaust.--The term `Holocaust' means the systemic, 
        state-sponsored, mass murders by Nazi Germany of 6,000,000 
        Jews, and millions of others, in the name of racial purity.

``SEC. 4139. REGULATIONS.

    ``The Secretary shall issue any regulations necessary to carry out 
this subpart.''.

SEC. 3. CLERICAL AMENDMENT.

    The table of contents of the Elementary and Secondary Education Act 
of 1965 is amended by adding after the item relating to section 4121 
the following:

          ``Subpart 3--Holocaust Education Assistance Program

``Sec. 4131. Findings and purposes.
``Sec. 4132. Program authorized.
``Sec. 4133. Application.
``Sec. 4134. Use of grants.
``Sec. 4135. Selection criteria.
``Sec. 4136. Review and sanctions.
``Sec. 4137. Annual report.
``Sec. 4138. Definitions.
``Sec. 4139. Regulations.''.
Simon Wiesenthal Holocaust Education Assistance Act This bill amends the Elementary and Secondary Education Act of 1965 to authorize the Department of Education (ED) to award competitive grants to educational organizations to carry out proposed or existing Holocaust education programs. ED may contract with a nonprofit organization to encourage, accept, and administer private donations and gifts for funding the education programs. Grants may not be used to supplant nonfederal funds the grantees would otherwise have used for Holocaust education programs.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Meningococcal Vaccination Act of 
2004''.

SEC. 2. VACCINATION REQUIREMENTS.

    Part G of title IV of the Higher Education Act of 1965 is amended 
by inserting after section 485C (20 U.S.C. 1092c) the following new 
section:

``SEC. 485D. VACCINATION REQUIREMENTS.

    ``(a) Definitions.--As used in this section:
            ``(1) The term `enrolled' means having registered for a 
        credit or noncredit course.
            ``(2) The term `postsecondary institution' means a school 
        of post-secondary education that generally limits enrollment to 
        graduates of secondary schools and awards degrees at the 
        associate, baccalaureate, or graduate level.
            ``(3) The term `meningococcal vaccination' means receipt of 
        the vaccine protecting against at least the four serogroups of 
        A, C, Y, and W-135 of meningococcal disease within the 3 years 
        preceding the date on which the individual moves into on-campus 
        student housing.
            ``(4) The term `on-campus student housing' means housing 
        provided to individuals, regardless of the fee, that is owned, 
        rented, or contracted for and operated by a postsecondary 
        institution, or through written agreement, with an agent of the 
        postsecondary institution.
    ``(b) Required Meningococcal Vaccination.--Except as provided in 
subsection (c), an individual enrolled in a postsecondary institution 
living in on-campus student housing shall--
            ``(1) obtain a meningococcal vaccination; and
            ``(2) submit written documentation to the postsecondary 
        institution from a health care professional or clinic of 
        receipt of a meningococcal vaccination.
    ``(c) Notification of Required Meningococcal Vaccination.--A 
postsecondary institution shall--
            ``(1) inform an individual or the parent or guardian of an 
        individual younger than 18 years old of the requirement for 
        meningococcal vaccination at the time the individual--
                    ``(A) is accepted for admission to a postsecondary 
                institution; or
                    ``(B) registers for classes, if the individual is 
                not required to apply for admission before registering 
                for courses;
            ``(2) include notice of the requirement for meningococcal 
        vaccination in--
                    ``(A) admission acceptance information;
                    ``(B) student health-related information and 
                materials;
                    ``(C) resident life information and materials;
                    ``(D) the student handbook; and
                    ``(E) the college catalog; and
            ``(3) provide detailed information to an individual who 
        resides or may reside in on-campus student housing or the 
        parent or guardian of an individual younger than 18 years old 
        who resides or may reside in on-campus student housing 
        concerning--
                    ``(A) the risks associated with meningococcal 
                disease; and
                    ``(B) the availability and effectiveness of 
                meningococcal vaccine.
    ``(d) Exemption From Meningococcal Vaccination Requirement.--
            ``(1) Adults.--An individual 18 years old or older is 
        exempt from the meningococcal vaccination requirement under 
        section 3 if the individual presents to the postsecondary 
        institution a signed written waiver in the form required by 
        section 6 stating that the individual has--
                    ``(A) received and reviewed the information 
                specified in section 4; and
                    ``(B) chosen not to obtain the meningococcal 
                vaccination.
            ``(2) Minors.--An individual younger than 18 years old is 
        exempt from the meningococcal vaccination requirement under 
        section 3 if a signed written waiver in the form required by 
        section 6 is presented to the postsecondary institution on 
        behalf of the individual stating that a parent or guardian of 
        the individual has--
                    ``(A) received and reviewed the information 
                specified in section 4; and
                    ``(B) chosen not to have the individual obtain the 
                meningococcal vaccination.
    ``(e) Waiver Form.--
            ``(1) Adults.--A waiver form for an individual 18 years old 
        or older shall--
                    ``(A) state that the individual--
                            ``(i) is 18 years old or older;
                            ``(ii) has received and reviewed the 
                        information provided by the postsecondary 
                        institution on the risk of meningococcal 
                        disease and the availability and effectiveness 
                        of meningococcal vaccine; and
                            ``(iii) chooses to waive the receipt of 
                        meningococcal vaccine; and
                    ``(B) provide spaces for the--
                            ``(i) printed name of the individual;
                            ``(ii) signature of the individual; and
                            ``(iii) date.
            ``(2) Minors.--A waiver form for an individual younger than 
        18 years old shall--
                    ``(A) state that--
                            ``(i) the individual is younger than 18 
                        years old;
                            ``(ii) the parent or guardian of the 
                        individual has received and reviewed the 
                        information provided by the postsecondary 
                        institution on the risk of meningococcal 
                        disease and the availability and effectiveness 
                        of meningococcal vaccine; and
                            ``(iii) the parent or guardian of the 
                        individual chooses to waive the receipt of 
                        meningococcal vaccine for the individual; and
                    ``(B) provide spaces for the--
                            ``(i) printed name of the individual;
                            ``(ii) printed name of the parent or 
                        guardian;
                            ``(iii) signature of the parent or 
                        guardian; and
                            ``(iv) date.
    ``(f) Payment for Inoculation.--Nothing in this section shall be 
construed to require a postsecondary institution or a local public 
health agency to provide or pay for a meningococcal vaccination.''.
Meningococcal Vaccination Act of 2004 - Amends the Higher Education Act of 1965 to require entering students who will reside in on-campus housing at postsecondary institutions to have received meningococcal vaccinations.

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 subparagraph (U);
            (2) by striking the period at the end of 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 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 (8 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 (l), 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 residence 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 Immigration and Nationality Act (8 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(1)), is amended by striking ``or (S)'' and inserting ``(S)'', or 
(W)''.

SEC. 3. WEAPONS 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)''.

            Passed the Senate November 20, 2002.

            Attest:

                                                  JERI THOMSON,

                                                             Secretary.

Iraqi Scientists Immigration Act of 2002 - (Sec. 2) Amends the Immigration and Nationality Act to provide for the nonimmigrant admission of an alien (and accompanying family members or relatives) who the Attorney General determines, in coordination with the Secretary of State, the Director of Central Intelligence and other appropriate officials, and in the Attorney General's unreviewable discretion, is an individual: (1) who has worked at any time in an Iraqi weapons of mass destruction program; (2) who is in possession of critical and reliable information concerning any such Iraqi program; (3) who is willing to provide, or has provided, such information to the United States or to United Nations or International Atomic Energy Agency inspectors; (4) who will be or has been placed in danger as a result of providing such information; and (5) whose admission would be in the public interest or in the interest of national security.Limits such entrants to 500 aliens.Requires such an alien, in order to be admitted and remain in the United States, to: (1) report to the Attorney General concerning his or her whereabouts and activities; (2) not be convicted of any criminal offense punishable by a term of imprisonment of one year or more after the date of admission or grant of status; (3) have waived rights 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 instituted before the alien obtains lawful permanent resident status; and (4) cooperate fully with all information requests, including information concerning any Iraqi program to produce or deliver weapons of mass destruction.Authorizes the Attorney General, in coordination with the Secretary of State and the Director of Central Intelligence, to adjust the status of such an alien (and family members) to permanent resident status.Authorizes the Attorney General to waive the inadmissability of such an alien for reasons of public interest or national security.(Sec. 3) Amends the Defense Against Weapons of Mass Destruction Act of 1996 to revise the definition of "weapon of mass destruction" to replace "disease organism" with "biological agent, toxin, or vector." .