II

107TH CONGRESS

1ST 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 introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

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,

3 SECTION 1. SHORT TITLE.

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

5 POW/MIA Accountability Act of 2001’’.

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

7 PROGRAM.

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

9 Alive Act of 2000 (Public Law 106–484; 114 Stat. 2195;
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1 8 U.S.C. 1157 note) is amended by inserting after section

2 3 the following new section:

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

4 PROGRAM.

5 ‘‘(a) ASYLUM FOR ELIGIBLE ALIENS.—Notwith6 standing any other provision of law, the Attorney General

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

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

9 alien.

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

11 under subsection (a) to—

12 ‘‘(1) any alien who—

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

14 the Greater Middle East Region (as determined

15 by the Attorney General in consultation with

16 the Secretary of State); and

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

18 the United States Government a living Amer19 ican Persian Gulf War POW/MIA; and

20 ‘‘(2) any parent, spouse, or child of an alien de21 scribed in paragraph (1).

22 ‘‘(c) DEFINITIONS.—In this section:

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

24 MIA.—
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1 ‘‘(A) IN GENERAL.—Except as provided in

2 subparagraph (B), the term ‘American Persian

3 Gulf War POW/MIA’ means an individual—

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

5 service (within the meaning of section

6 101(3) of title 37, United States Code) in

7 a missing status (as defined in section

8 551(2) of such title and this subsection) as

9 a result of the Persian Gulf War, or any

10 successor conflict, operation, or action; or

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

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

13 Code) in a missing status (as defined in

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

15 the Persian Gulf War, or any successor

16 conflict, operation, or action.

17 ‘‘(B) EXCLUSION.—Such term does not in18 clude an individual with respect to whom it is

19 officially determined under section 552(c) of

20 title 37, United States Code, that such indi21 vidual is officially absent from such individual’s

22 post of duty without authority.

23 ‘‘(2) MISSING STATUS.—The term ‘missing sta24 tus’, with respect to the Persian Gulf War, or any

25 successor conflict, operation, or action, means the
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1 status of an individual as a result of the Persian

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

3 immediately before that status began the

4 individual—

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

6 Iraq, or another nation of the Greater Middle

7 East Region; or

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

9 Middle East Region in direct support of mili10 tary operations in Kuwait or Iraq.

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

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

13 1990, and ending on the date thereafter prescribed

14 by Presidential proclamation or by law.’’.

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

16 of that Act is amended—

17 (1) by striking ‘‘and’’ at the end of subpara18 graph (A);

19 (2) by striking the period at the end of sub20 paragraph (B) and inserting ‘‘; and’’; and

21 (3) by adding at the end the following new sub22 paragraph:

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

24 the Greater Middle East Region (as determined

25 by the International Broadcasting Bureau in
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1 consultation with the Attorney General and the

2 Secretary of State).’’.

Æ