Calendar No. 560

106TH CONGRESS

2D SESSION S. 484

A BILL

To provide for the granting of refugee status in the

United States to nationals of certain foreigncountries in which American Vietnam War POW/MIAs or American Korean War POW/MIAs maybe present, if those nationals assist in the returnto the United States of those POW/MIAs alive.

MAY 18, 2000

Reported without amendment

II

Calendar No. 560

106TH CONGRESS

2D SESSION S. 484

To provide for the granting of refugee status in the United States to nationals

of certain foreign countries in which American Vietnam War POW/

MIAs or American Korean War POW/MIAs may be present, if those

nationals assist in the return to the United States of those POW/

MIAs alive.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 25, 1999

Mr. CAMPBELL (for himself, Mr. GREGG, Mr. HELMS, Mr. BROWNBACK, Mr.

BUNNING, Mr. MCCONNELL, Mr. HUTCHINSON, Mr. GRAMS, Mr. SCHUMER, Mr. MACK, Mr. ALLARD, Mr. SMITH of New Hampshire, Mr.

TORRICELLI, Mr. FITZGERALD, Mr. FRIST, Mrs. HUTCHISON, Mr. SHELBY, Mrs. LINCOLN, Mr. ASHCROFT, Mr. ABRAHAM, Mr. BINGAMAN, Mr.

CONRAD, Mr. GORTON, Mr. KENNEDY, Mr. KERRY, Mr. BURNS, Mr.

THURMOND, Mr. MURKOWSKI, Mrs. MURRAY, Mr. REID, Mr. LEAHY, Mr.

LOTT, Mr. JEFFORDS, Mr. DODD, Ms. SNOWE and Mr. COVERDELL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

MAY 18, 2000

Reported by Mr. HATCH, without amendment

A BILL

To provide for the granting of refugee status in the United

States to nationals of certain foreign countries in which

American Vietnam War POW/MIAs or American Korean

War POW/MIAs may be present, if those nationals assist
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in the return to the United States of those POW/MIAs

alive.

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 ‘‘Bring Them Home

5 Alive Act of 1999’’.

6 SEC. 2. AMERICAN VIETNAM WAR POW/MIA ASYLUM PRO7 GRAM.

8 (a) ASYLUM FOR ELIGIBLE ALIENS.—Notwith9 standing any other provision of law, the Attorney General

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

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

12 alien.

13 (b) ELIGIBILITY.—Refugee status shall be granted

14 under subsection (a) to—

15 (1) any alien who—

16 (A) is a national of Vietnam, Cambodia,

17 Laos, China, or any of the independent states

18 of the former Soviet Union; and

19 (B) personally delivers into the custody of

20 the United States Government a living Amer21 ican Vietnam War POW/MIA; and

22 (2) any parent, spouse, or child of an alien de23 scribed in paragraph (1).

24 (c) DEFINITIONS.—In this section:
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1 (1) AMERICAN VIETNAM WAR POW/MIA.—

2 (A) IN GENERAL.—Except as provided in

3 subparagraph (B), the term ‘‘American Viet4 nam War POW/MIA’’ means an individual—

5 (i) who is a member of a uniformed

6 service (within the meaning of section

7 101(3) of title 37, United States Code) in

8 a missing status (as defined in section

9 551(2) of such title and this subsection) as

10 a result of the Vietnam War; or

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

12 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 Vietnam War.

16 (B) EXCLUSION.—Such term does not in17 clude an individual with respect to whom it is

18 officially determined under section 552(c) of

19 title 37, United States Code, that such indi20 vidual is officially absent from such individual’s

21 post of duty without authority.

22 (2) MISSING STATUS.—The term ‘‘missing sta23 tus’’, with respect to the Vietnam War, means the

24 status of an individual as a result of the Vietnam
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1 War if immediately before that status began the

2 individual—

3 (A) was performing service in Vietnam; or

4 (B) was performing service in Southeast

5 Asia in direct support of military operations in

6 Vietnam.

7 (3) VIETNAM WAR.—The term ‘‘Vietnam War’’

8 means the conflict in Southeast Asia during the pe9 riod that began on February 28, 1961, and ended on

10 May 7, 1975.

11 SEC. 3. AMERICAN KOREAN WAR POW/MIA ASYLUM PRO12 GRAM.

13 (a) ASYLUM FOR ELIGIBLE ALIENS.—Notwith14 standing any other provision of law, the Attorney General

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

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

17 alien.

18 (b) ELIGIBILITY.—Refugee status shall be granted

19 under subsection (a) to—

20 (1) any alien—

21 (A) who is a national of North Korea,

22 China, or any of the independent states of the

23 former Soviet Union; and
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1 (B) who personally delivers into the cus2 tody of the United States Government a living

3 American Korean War POW/MIA; and

4 (2) any parent, spouse, or child of an alien de5 scribed in paragraph (1).

6 (c) DEFINITIONS.—In this section:

7 (1) AMERICAN KOREAN WAR POW/MIA.—

8 (A) IN GENERAL.—Except as provided in

9 subparagraph (B), the term ‘‘American Korean

10 War POW/MIA’’ means an individual—

11 (i) who is a member of a uniformed

12 service (within the meaning of section

13 101(3) of title 37, United States Code) in

14 a missing status (as defined in section

15 551(2) of such title and this subsection) as

16 a result of the Korean War; or

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

18 section 5561(2) of title 5, United States

19 Code) in a missing status (as defined in

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

21 the Korean War.

22 (B) EXCLUSION.—Such term does not in23 clude an individual with respect to whom it is

24 officially determined under section 552(c) of

25 title 37, United States Code, that such indi-
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1 vidual is officially absent from such individual’s

2 post of duty without authority.

3 (2) KOREAN WAR.—The term ‘‘Korean War’’

4 means the conflict on the Korean peninsula during

5 the period that began on June 27, 1950, and ended

6 January 31, 1955.

7 (3) MISSING STATUS.—The term ‘‘missing sta8 tus’’, with respect to the Korean War, means the

9 status of an individual as a result of the Korean

10 War if immediately before that status began the

11 individual—

12 (A) was performing service in the Korean

13 peninsula; or

14 (B) was performing service in Asia in di15 rect support of military operations in the Ko16 rean peninsula.

17 SEC. 4. BROADCASTING INFORMATION ON THE ‘‘BRING

18 THEM HOME ALIVE’’ PROGRAM.

19 (a) REQUIREMENT.—

20 (1) IN GENERAL.—The International Broad21 casting Bureau shall broadcast, through

22 WORLDNET Television and Film Service and

23 Radio or otherwise, information that promotes the

24 ‘‘Bring Them Home Alive’’ refugee program under
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1 this Act to foreign countries covered by paragraph

2 (2).

3 (2) COVERED COUNTRIES.—The foreign coun4 tries covered by paragraph (1) are—

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

6 North Korea; and

7 (B) Russia and the other independent

8 states of the former Soviet Union.

9 (b) LEVEL OF PROGRAMMING.—The International

10 Broadcasting Bureau shall broadcast—

11 (1) at least 20 hours of the programming de12 scribed in subsection (a)(1) during the 10-day period

13 that begins on the date of enactment of this Act;

14 and

15 (2) at least 10 hours of the programming de16 scribed in subsection (a)(1) in each calendar quarter

17 during the period beginning with the first calendar

18 quarter that begins after the date of enactment of

19 this Act and ending five years after the date of en20 actment of this Act.

21 (c) AVAILABILITY OF INFORMATION ON THE INTER22 NET.—International Broadcasting Bureau shall ensure

23 that information regarding the ‘‘Bring Them Home Alive’’

24 refugee program under this Act is readily available on the

25 World Wide Web sites of the Bureau.
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1 (d) SENSE OF CONGRESS.—It is the sense of Con2 gress that RFE/RL, Incorporated, Radio Free Asia, and

3 any other recipient of Federal grants that engages in

4 international broadcasting to the countries covered by sub5 section (a)(2) should broadcast information similar to the

6 information required to be broadcast by subsection (a)(1).

7 (e) DEFINITION.—The term ‘‘International Broad8 casting Bureau’’ means the International Broadcasting

9 Bureau of the United States Information Agency or, on

10 and after the effective date of title XIII of the Foreign

11 Affairs Reform and Restructuring Act of 1998 (as con12 tained in division G of Public Law 105–277), the Inter13 national Broadcasting Bureau of the Broadcasting Board

14 of Governors.

15 SEC. 5. INDEPENDENT STATES OF THE FORMER SOVIET

16 UNION DEFINED.

17 In this Act, the term ‘‘independent states of the

18 former Soviet Union’’ has the meaning given the term in

19 section 3 of the FREEDOM Support Act (22 U.S.C.

20 5801).