19–006

107TH CONGRESS REPT. 107–749 " HOUSE OF REPRESENTATIVES ! 2d Session Part 1

PERSIAN GULF WAR POW/MIA ACCOUNTABILITY ACT OF 

2002

OCTOBER 15, 2002.—Ordered to be printed 

Mr. SENSENBRENNER, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany S. 1339] 

[Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, to whom was referred the bill 

(S. 1339) to amend the Bring Them Home Alive Act of 2000 to provide an asylum program with regard to American Persian Gulf War 

POW/MIAs, and for other purposes, having considered the same, 

reports favorably thereon without amendment and recommends 

that the bill do pass.

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1

Background and Need for the Legislation ............................................................. 2

Hearings ................................................................................................................... 2

Committee Consideration ........................................................................................ 2

Vote of the Committee ............................................................................................. 2

Committee Oversight Findings ............................................................................... 2

Performance Goals and Objectives ......................................................................... 3

New Budget Authority and Tax Expenditures ...................................................... 3

Congressional Budget Office Cost Estimate .......................................................... 3

Constitutional Authority Statement ...................................................................... 4

Section-by-Section Analysis and Discussion .......................................................... 4

Changes in Existing Law Made by the Bill, as Reported ..................................... 5

Markup Transcript .................................................................................................. 7

PURPOSE AND SUMMARY

S. 1339 would provide refugee status to certain aliens (and their 

immediate relatives) who delivers into the custody of the U.S. government living American prisoners of war from the Persian Gulf 

War. 

2

BACKGROUND AND NEED FOR THE LEGISLATION

The Bring Them Home Alive Act requires the Attorney General 

to provide refugee status to any alien (and his or her parent, 

spouse, or child) who is a national of Vietnam, Cambodia, Laos, 

China, or any of the independent states of the former Soviet Union, 

and who personally delivers into the custody of the U.S. government a living American prisoner of war from the Vietnam War. It 

grants similar status to any alien (and his or her family members) 

who is a national of North Korea, China, or the independent states 

of the former Soviet Union, and who delivers a living American 

prisoner of war from the Korean War. Information regarding the 

Act is to be broadcast by the International Broadcasting Bureau 

over Voice of America and other services. 

S. 1339 would amend the Bring Them Home Alive Act to encompass the 1990–91 Persian Gulf War and any future American preemptive military operations against Iraq. There have been recent 

reports that Michael Speicher, a Navy pilot shot down over Iraq in 

1991, may still be in Iraqi hands. The nation owes it to him and 

to all those who may be called to serve in the coming months to 

take every step possible to ensure that no American soldier is left 

behind. 

The bill provides refugee status to an alien (and his or her parent, spouse, or child) who is a national of Iraq or a nation of the 

greater Middle East, who personally delivers into the custody of 

the U.S. government a living American prisoner of war from the 

Persian Gulf War or subsequent actions against Iraq. To receive 

refugee status, the alien could not be ineligible for asylum on the 

basis of the factors set out in section 208(b)(2)(A)(i)-(v) of the Immigration and Nationality Act (such as being a criminal, a terrorist, 

or a danger to the security of the United States). 

HEARINGS

No hearings were held on S. 1339. 

COMMITTEE CONSIDERATION

On October 9, 2002, the Committee met in open session and ordered favorably reported the bill S. 1339 without amendment by 

voice vote, a quorum being present. 

VOTE OF THE COMMITTEE

There were no recorded votes on S. 1339. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

3

PERFORMANCE GOALS AND OBJECTIVES

S. 1339 does not authorize funding. Therefore, clause 3(c) of rule 

XIII of the Rules of the House of Representatives is inapplicable. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of House rule XIII is inapplicable because this legislation does not provide new budgetary authority or increased tax 

expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, S. 1339, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974:

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, October 11, 2002. 

Hon. F. JAMES SENSENBRENNER, Jr., Chairman, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1339, the Persian Gulf War 

POW/MIA Accountability Act of 2002. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact for this estimate is Mark 

Grabowicz, who can be reached at 226–2860. 

Sincerely, 

DAN L. CRIPPEN, Director.

Enclosure

cc: Honorable John Conyers, Jr. 

Ranking Member 

S. 1339—Persian Gulf War POW/MIA Accountability Act of 2002. 

CBO estimates that implementing this legislation would cost 

about $20,000 annually, subject to the availability of appropriated 

funds. The act also could affect direct spending, but we estimate 

that any such effects would be less than $100,000 annually. S. 1339 

contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would not have 

a significant effect on State budgets. The act would have no effect 

on local or tribal governments. 

S. 1339 would grant refugee status to certain nationals of selected countries if they deliver into the custody of the United States 

a living American considered to be either a prisoner of war or missing in action from the Persian Gulf war. Those eligible would include nationals of Iraq and other nations of the greater Middle 

East region, as determined by the Attorney General and the Secretary of State. The act would require the Broadcasting Board of 

Governors (BBG) to promote the refugee program through radio 

and television broadcasts to those countries. 

4

1Pub. L. No. 106–484, 114 Stat. 2195, 8 U.S.C. sec. 1157 note. 

Based on information from the BBG, CBO estimates that the cost 

of additional international broadcasting would be about $20,000 a 

year. Enacting S. 1339 also could increase the number of refugees 

admitted to the United States, which would increase the administrative costs for the Immigration and Naturalization Service and 

the costs for certain Federal entitlement programs. However, CBO 

estimates that any increased spending on these activities, which 

would be classified as direct spending, would be less than $100,000 

in any year because very few additional refugees are expected 

under S. 1339. 

On July 15, 2002, CBO transmitted a cost estimate for S. 1339, 

as reported by the Senate Committee on the Judiciary on June 27, 

2002. The two versions of the legislation are very similar, and the 

cost estimates are identical. 

The CBO staff contact for this estimate is Mark Grabowicz, who 

can be reached at 226–2860. This estimate was approved by Peter 

H. Fontaine, Deputy Assistant Director for Budget Analysis. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article 1, section 8, clause 4 of the Constitution. 

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

Section 1. Short Title. 

The short title of the Act is the ‘‘Persian Gulf War POW/MIA Accountability Act of 2002.’’

Section 2. American Persian Gulf War POW/MIA Asylum Program. 

Section 2 of the bill adds a new section 3A to the Bring Them 

Home Alive Act of 2000.1 Section 3A provides that the Attorney 

General shall grant refugee status upon application from an alien 

who is a national of Iraq or a nation of the Greater Middle East 

Region (as determined by the Attorney General in consultation 

with the Secretary of State) and who personally delivers into the 

custody of the U.S. government a living American ‘‘POW/MIA’’ from 

the Persian Gulf War or subsequent actions. Such status shall also 

be granted to any parent, spouse, or child of such an alien. 

However, under section 3A, an alien would not be eligible for refugee status if the Attorney General in his sole unreviewable discretion determines that the alien 1) has ordered, incited, assisted, or 

otherwise participated in the persecution of any person on account 

of race, religion, nationality, membership in a particular social 

group, or political opinion, 2) has been convicted by a final judgment of a particularly serious crime constituting a danger to the 

community of the U.S., 3) has committed a serious nonpolitical 

crime outside the U.S. prior to his arrival in the U.S., 4) is a danger to the security of the U.S., 5) is inadmissible for certain terrorism-related activities set forth in section 212(a)(3)(B)(i)(I)-(IV), 

(VI) of the INA, including engaging in or inciting terrorist activity, 

being a representative of a terrorist organization or an organization 

that endorses terrorist activity (unless the Attorney General deterVerDate 0ct 09 2002 23:13 Oct 15, 2002 Jkt 019006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6601 E:\HR\OC\HR749P1.XXX HR749P1
5

mines that there are not reasonable grounds for regarding the alien 

as a danger to the security of the U.S.) , or endorsing or espousing 

terrorist activity or persuading others to engage in terrorist activity, or 6) is deportable for engaging in terrorist activity as set forth 

in section 237(a)(4)(B) of the INA. 

Section 3A of the bill defines an American Persian Gulf War 

POW/MIA as an individual who is a member of the uniformed services of the U.S. or a U.S. government employee, who is in a ‘‘missing’’ status (including being missing, missing in action, interned in 

a foreign country, captured, beleaguered, or besieged by a hostile 

force, or being detained in a foreign country against his will) as a 

result of the Persian Gulf War, or any successor conflict, operation, 

or action such as that American might undertake against Iraq in 

the coming months. Such term does not include a person who it has 

been officially determined is officially absent from his post of duty 

without authority. Missing status also requires that the individual 

at the time he went missing be performing service in Kuwait, Iraq, 

or elsewhere in the Greater Middle East Region. 

The Bring Them Home Alive Act requires the International 

Broadcasting Bureau to broadcast, through WORLDNET Television 

and Film Service and Radio, VOA-TV, VOA Radio, or otherwise, information that promotes the refugee program created by the Act in 

Vietnam, Cambodia, Laos, China, North Korea, Russia and the 

other independent states of the former Soviet Union. Section 3A of 

the bill adds to this list Iraq, Kuwait, or any other country of the 

Greater Middle East Region. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman):

BRING THEM HOME ALIVE ACT OF 2000

* * * * * * *

SEC. 3A. AMERICAN PERSIAN GULF WAR POW/MIA ASYLUM PROGRAM. 

(a) ASYLUM FOR ELIGIBLE ALIENS.—Notwithstanding any other 

provision of law, the Attorney General shall grant refugee status in 

the United States to any alien described in subsection (b), upon the 

application of that alien. 

(b) ELIGIBILITY.—

(1) IN GENERAL.—Except as provided in paragraph (2), an 

alien described in this subsection is—

(A) any alien who—

(i) is a national of Iraq or a nation of the Greater 

Middle East Region (as determined by the Attorney 

General in consultation with the Secretary of State); 

and 

(ii) personally delivers into the custody of the 

United States Government a living American Persian 

Gulf War POW/MIA; and 

6

(B) any parent, spouse, or child of an alien described 

in subparagraph (A). 

(2) EXCEPTIONS.—An alien described in this subsection 

does not include a terrorist, a persecutor, a person who has been 

convicted of a serious criminal offense, or a person who presents 

a danger to the security of the United States, as set forth in 

clauses (i) through (v) of section 208(b)(2)(A) of the Immigration 

and Nationality Act (8 U.S.C. 1158(b)(2)(A)). 

(c) DEFINITIONS.—In this section: 

(1) AMERICAN PERSIAN GULF WAR POW/MIA.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), the term ‘‘American Persian Gulf War POW/MIA’’ means an individual— (i) who is a member of a uniformed service (within 

the meaning of section 101(3) of title 37, United States 

Code) in a missing status (as defined in section 551(2) 

of such title and this subsection) as a result of the Persian Gulf War, or any successor conflict, operation, or 

action; or 

(ii) who is an employee (as defined in section 

5561(2) of title 5, United States Code) in a missing status (as defined in section 5561(5) of such title) as a result of the Persian Gulf War, or any successor conflict, 

operation, or action. 

(B) EXCLUSION.—Such term does not include an individual with respect to whom it is officially determined 

under section 552(c) of title 37, United States Code, that 

such individual is officially absent from such individual’s 

post of duty without authority. 

(2) MISSING STATUS.—The term ‘‘missing status’’, with respect to the Persian Gulf War, or any successor conflict, operation, or action, means the status of an individual as a result 

of the Persian Gulf War, or such conflict, operation, or action, 

if immediately before that status began the individual— (A) was performing service in Kuwait, Iraq, or another 

nation of the Greater Middle East Region; or 

(B) was performing service in the Greater Middle East 

Region in direct support of military operations in Kuwait 

or Iraq. 

(3) PERSIAN GULF WAR.—The term ‘‘Persian Gulf War’’ means the period beginning on August 2, 1990, and ending on 

the date thereafter prescribed by Presidential proclamation or 

by law.

SEC. 4. BROADCASTING INFORMATION ON THE ‘‘BRING THEM HOME 

ALIVE’’ PROGRAM. 

(a) REQUIREMENT.—

(1) * * *

(2) COVERED COUNTRIES.—The foreign countries covered by 

paragraph (1) are—

(A) Vietnam, Cambodia, Laos, China, and North 

Korea; øand¿

(B) Russia and the other independent states of the 

former Soviet Unionø.¿; and

(C) Iraq, Kuwait, or any other country of the Greater 

Middle East Region (as determined by the International 

7

Broadcasting Bureau in consultation with the Attorney 

General and the Secretary of State).

* * * * * * *

MARKUP TRANSCRIPT

BUSINESS MEETING 

WEDNESDAY, OCTOBER 9, 2002

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON THE JUDICIARY, 

Washington, DC. 

The Committee met, pursuant to notice, at 11:25 a.m., in Room 

2141, Rayburn House Office Building, Hon. F. James Sensenbrenner [Chairman of the Committee] presiding. 

* * * * * * *

Chairman SENSENBRENNER. Now, pursuant to notice, I call up 

the bill Senate 1339, the ‘‘Persian Gulf War POW-MIA Accountability Act of 2002,’’ and move its favorable recommendation to the 

House. Without objection, the bill will be considered as read and 

open for amendment at any point. 

[The bill, S. 1339, follows:]

8


S1339A.eps
9


S1339B.eps
10


S1339C.eps
11


S1339D.eps
12


S1339E.eps
13

Chairman SENSENBRENNER. And the Chair recognizes the gentleman from Pennsylvania, Mr. Gekas, for 5 minutes to explain the 

bill. 

Mr. GEKAS. I thank the Chair. In the 106th Congress, the ‘‘Bring 

Him Home Alive Act’’ was enacted as Public Law 106–484. This 

legislation, sponsored by Senator Ben Nighthorse Campbell and 

Congressman Joel Hefley, offers refugee status to any national of 

Vietnam, Cambodia, Laos, China, or any of the independent states 

of the former Soviet Union who personally delivers into the custody 

of the U.S. Government a living American prisoner of war from the 

Vietnam War. 

It grants similar status to any national of North Korea, China, 

or the states of the former Soviet Union who delivers a living 

American prisoner of war from the Korean war. 

Information regarding the act is to be broadcast by the International Broadcasting Bureau over Voice of America and other 

broadcast services. The ‘‘Bring Him Home Alive Act’’ signals our 

continuing dedication to all the Americans who served in the Vietnam and Korean Wars. It shall be needed until all our soldiers are 

accounted for. 

S. 1339 amends this act to broaden its coverage to account for 

the Persian Gulf War and any future hostilities in Iraq. There have 

been recent reports that Michael Spiker, a Navy pilot shot down 

over Iraq in 1991, may still be in Iraqi hands. We owe it to him 

and all those who may be called to serve in the coming months to 

pass this bill. 

The bill provides refugee status to a national of Iraq or any other 

nation of the greater Middle East who personally delivers into the 

custody of the U.S. Government a living American prisoner of war 

from the Persian Gulf War or any successor conflict. To receive refugee status, the alien cannot be ineligible for asylum on account of 

being a criminal, a terrorist, or a danger to the security of the 

United States. 

We urge support of the bill. 

Chairman SENSENBRENNER. Without objection, all Members’

opening statements will be placed in the record at this point. 

[The information follows:] 

Chairman SENSENBRENNER. Are there amendments? If there are 

no amendments, the Chair notes the presence of a reporting 

quorum, and the question occurs on the motion to report the bill 

Senate 1339 favorably. 

All in favor will say aye. 

Opposed, no. 

The ayes appear to have it. The ayes have it. The motion to report favorably is adopted. 

Without objection, the Chairman is authorized to move to go to 

conference pursuant to House rules. Without objection, the staff is 

directed to make any technical and conforming changes, and all 

Members will be given 2 days as provided by the House rules in 

which to submit additional dissenting, supplemental, or minority 

views.

Æ