Page:United States Statutes at Large Volume 108 Part 3.djvu/272

 108 STAT. 2024 PUBLIC LAW 103-322—SEPT. 13, 1994 SEC. 130003. ALIEN WITNESS COOPERATION AND COUNTERTERROR- ISM INFORMATION. (a) ESTABLISHMENT OF NEW NONIMMIGRANT CLASSIFICATION. — 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 (Q), (2) by striking the period at the end of subparagraph (R) and inserting "; or", and (3) by adding at the end the following new subparagraph: "(S) subject to section 214(j), an alien— "(i) who the Attorney CJeneral determines— "(I) is in possession of critical reliable information concerning a criminal organization or enterprise; "(II) is willing to supply or has supplied such information to Federal or State law enforcement authorities or a Federal or State court; and "(III) whose presence in the United States the Attorney CJeneral determines is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise; or "(ii) who the Secretary of State and the Attorney General jointly determine— "(I) is in possession of critical reliable information concerning a terrorist organization, enterprise, or operation; "(II) is willing to supply or has supplied such information to Federal law enforcement authorities or a Federal court; "(III) will be or has been placed in danger as a result of providing such information; and "(IV) is eligible to receive a reward under section 36(a) of the State Department Basic Authorities Act of 1956, and, if the Attorney General (or with respect to clause (ii), the Secretary of State and the Attorney CJeneral jointly) considers it to be appropriate, the spouse, married and unmarried sons and daughters, and parents of an alien described in clause (i) or (ii) if accompanying, or following to join, the alien.". (b) CONDITIONS OF ENTRY.— (1) WAIVER OF GROUNDS FOR EXCLUSION.— Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended by inserting at the beginning the following new paragraph: "(1) The Attorney General shall determine whether a ground for exclusion exists with respect to a nonimmigrant described in section 101(a)(15)(S). The Attorney General, in the Attorney General's discretion, may waive the application of subsection (a) (other than paragraph (3)(E)) in the case of a nonimmigrant described in section 101(a)(15)(S), if the Attorney General considers it to be in the national interest to do so. Nothing in this section shall be regarded as prohibiting the Immigration and Naturalization Service from instituting deportation proceedings against an alien admitted as a nonimmigrant under section 101(a)(15)(S) for conduct committed after the alien's admission into the United States, or for conduct or a condition that was not disclosed to the Attorney

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