II

Calendar No. 452

107TH CONGRESS

2D SESSION 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.

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 2001

Mr. CAMPBELL (for himself, Mr. BUNNING, Mr. MILLER, Mr. MCCONNELL,

Mr. SMITH of New Hampshire, Mr. TORRICELLI, Mr. BENNETT, Mr.

INOUYE, Mr. GRAHAM, Mr. DURBIN, Mr. NELSON of Florida, Mr.

INHOFE, Mr. DAYTON, Mr. SANTORUM, Mrs. MURRAY, Mr. ALLARD, Ms.

CANTWELL, Mr. KOHL, Mr. WELLSTONE, Mr. ROBERTS, Ms. COLLINS,

Mr. GREGG, Mr. THURMOND, Mr. FITZGERALD, Mrs. CLINTON, Mr.

MURKOWSKI, Mr. ALLEN, Mr. SESSIONS, Ms. STABENOW, Mrs. FEINSTEIN, Mr. SCHUMER, Mr. CLELAND, Ms. LANDRIEU, Mr. LEAHY, Mr.

ROCKEFELLER, Mr. EDWARDS, and Mr. HATCH) introduced the following

bill; which was read twice and referred to the Committee on the Judiciary

JUNE 27, 2002

Reported by Mr. LEAHY, with an amendment

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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•S 1339 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Persian Gulf War

3 POW/MIA Accountability Act of 2001’’.

4 SEC. 2. AMERICAN PERSIAN GULF WAR POW/MIA ASYLUM

5 PROGRAM.

6 (a) ASYLUM PROGRAM.—The Bring Them Home

7 Alive Act of 2000 (Public Law 106–484; 114 Stat. 2195;

8 8 U.S.C. 1157 note) is amended by inserting after section

9 3 the following new section:

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

11 PROGRAM.

12 ‘‘(a) ASYLUM FOR ELIGIBLE ALIENS.—Notwith13 standing any other provision of law, the Attorney General

14 shall grant refugee status in the United States to any alien

15 described in subsection (b), upon the application of that

16 alien.

17 ‘‘(b) ELIGIBILITY.—Refugee status shall be granted

18 under subsection (a) to—

19 ‘‘(1) any alien who—

20 ‘‘(A) is a national of Iraq or a nation of

21 the Greater Middle East Region (as determined

22 by the Attorney General in consultation with

23 the Secretary of State); and

24 ‘‘(B) personally delivers into the custody of

25 the United States Government a living Amer26 ican Persian Gulf War POW/MIA; and
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•S 1339 RS

1 ‘‘(2) any parent, spouse, or child of an alien de2 scribed in paragraph (1).

3 ‘‘(b) ELIGIBILITY.—

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), an alien described in this subsection is—

6 ‘‘(A) any alien who—

7 ‘‘(i) is a national of Iraq or a nation

8 of the Greater Middle East Region (as de9 termined by the Attorney General in con10 sultation with the Secretary of State); and

11 ‘‘(ii) personally delivers into the cus12 tody of the United States Government a liv13 ing American Persian Gulf War POW/MIA;

14 and

15 ‘‘(B) any parent, spouse, or child of an

16 alien described in subparagraph (A).

17 ‘‘(2) EXCEPTIONS.—An alien described in this

18 subsection does not include a terrorist, a persecutor,

19 a person who has been convicted of a serious criminal

20 offense, or a person who presents a danger to the secu21 rity of the United States, as set forth in clauses (i)

22 through (v) of section 208(b)(2)(A) of the Immigra23 tion and Nationality Act (8 U.S.C. 1158(b)(2)(A)).

24 ‘‘(c) DEFINITIONS.—In this section:
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•S 1339 RS

1 ‘‘(1) AMERICAN PERSIAN GULF WAR POW/

2 MIA.—

3 ‘‘(A) IN GENERAL.—Except as provided in

4 subparagraph (B), the term ‘American Persian

5 Gulf War POW/MIA’ means an individual—

6 ‘‘(i) who is a member of a uniformed

7 service (within the meaning of section

8 101(3) of title 37, United States Code) in

9 a missing status (as defined in section

10 551(2) of such title and this subsection) as

11 a result of the Persian Gulf War, or any

12 successor conflict, operation, or action; or

13 ‘‘(ii) who is an employee (as defined

14 in section 5561(2) of title 5, United States

15 Code) in a missing status (as defined in

16 section 5561(5) of such title) as a result of

17 the Persian Gulf War, or any successor

18 conflict, operation, or action.

19 ‘‘(B) EXCLUSION.—Such term does not in20 clude an individual with respect to whom it is

21 officially determined under section 552(c) of

22 title 37, United States Code, that such indi23 vidual is officially absent from such individual’s

24 post of duty without authority.
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•S 1339 RS

1 ‘‘(2) MISSING STATUS.—The term ‘missing sta2 tus’, with respect to the Persian Gulf War, or any

3 successor conflict, operation, or action, means the

4 status of an individual as a result of the Persian

5 Gulf War, or such conflict, operation, or action, if

6 immediately before that status began the

7 individual—

8 ‘‘(A) was performing service in Kuwait,

9 Iraq, or another nation of the Greater Middle

10 East Region; or

11 ‘‘(B) was performing service in the Greater

12 Middle East Region in direct support of mili13 tary operations in Kuwait or Iraq.

14 ‘‘(3) PERSIAN GULF WAR.—The term ‘Persian

15 Gulf War’ means the period beginning on August 2,

16 1990, and ending on the date thereafter prescribed

17 by Presidential proclamation or by law.’’.

18 (b) BROADCASTING INFORMATION.—Section 4(a)(2)

19 of that Act is amended—

20 (1) by striking ‘‘and’’ at the end of subpara21 graph (A);

22 (2) by striking the period at the end of sub23 paragraph (B) and inserting ‘‘; and’’; and

24 (3) by adding at the end the following new sub25 paragraph:
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•S 1339 RS

1 ‘‘(C) Iraq, Kuwait, or any other country of

2 the Greater Middle East Region (as determined

3 by the International Broadcasting Bureau in

4 consultation with the Attorney General and the

5 Secretary of State).’’.

Calendar No. 452

107TH CONGRESS

2D SESSION S. 1339

A BILL

To amend the Bring Them Home Alive Act of 2000

to provide an asylum program with regard toAmerican Persian Gulf War POW/MIAs, and forother purposes.

JUNE 27, 2002

Reported with an amendment