I

104TH CONGRESS

1ST SESSION H. R. 460

To provide for the granting of asylum in the United States to nationals

of Laos, Vietnam, Cambodia, and Burma who assist in the return to

the United States of living Vietnam POW/MIAs and to provide for

the granting of asylum in the United States to nationals of North

Korea, South Korea, and China who assist in the return to the United

States of living Korean POW/MIAs.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 9, 1995

Mr. UPTON introduced the following bill; which was referred to the Committee

on the Judiciary

A BILL

To provide for the granting of asylum in the United States

to nationals of Laos, Vietnam, Cambodia, and Burma

who assist in the return to the United States of living

Vietnam POW/MIAs and to provide for the granting

of asylum in the United States to nationals of North

Korea, South Korea, and China who assist in the return

to the United States of living Korean POW/MIAs.

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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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Vietnam and Korea

3 POW/MIA Rescue Act’’.

4 SEC. 2. VIETNAM POW/MIA ASYLUM PROGRAM.

5 (a) ASYLUM FOR ELIGIBLE ALIENS.—The Attorney

6 General shall grant asylum in the United States to any

7 alien described in subsection (b), upon the application of

8 that alien.

9 (b) ELIGIBILITY.—Asylum shall be granted under

10 subsection (a) to any alien (1) who is a national of Laos,

11 Vietnam, Cambodia, or Burma, and (2) who, while acting

12 other than in an official or unofficial capacity on behalf

13 of any government or agency, personally delivers into the

14 custody of the United States Government a living Vietnam

15 POW/MIA (or participates in such a delivery).

16 (c) VIETNAM POW/MIA DEFINED.—

17 (1) For purposes of this section, the term

18 ‘‘Vietnam POW/MIA’’ means an individual—

19 (A) who is a member of a uniformed serv20 ice (within the meaning of section 101(3) of

21 title 37, United States Code) in a missing sta22 tus (as defined in section 551(2) of such title)

23 as a result of the Vietnam conflict, unless it is

24 officially determined under section 552(c) of

25 such title that such individual is officially ab-
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1 sent from such individual’s post of duty without

2 authority; or

3 (B) who is an employee (as defined in sec4 tion 5561(2) of title 5, United States Code) in

5 a missing status (as defined in section 5561(5)

6 of such title) as a result of the Vietnam con7 flict.

8 Such term does not include an individual who the

9 Secretary of Veterans Affairs determines remained

10 in Vietnam, Laos, or Cambodia voluntarily.

11 (2) For purposes of paragraph (1)—

12 (A) the Vietnam conflict began on Feb13 ruary 28, 1961, and ended on May 7, 1975;

14 and

15 (B) an individual in a missing status shall

16 be considered to be in a missing status as a re17 sult of the Vietnam conflict if immediately be18 fore that status began the individual—

19 (i) was performing service in Vietnam;

20 or

21 (ii) was performing service in South22 east Asia in direct support of military op23 erations in Vietnam.
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1 SEC. 3. KOREA POW/MIA ASYLUM PROGRAM.

2 (a) ASYLUM FOR ELIGIBLE ALIENS.—The Attorney

3 General shall grant asylum in the United States to any

4 alien described in subsection (b), upon the application of

5 that alien.

6 (b) ELIGIBILITY.—Asylum shall be granted under

7 subsection (a) to any alien (1) who is a national of North

8 Korea, South Korea, or China and (2) who, while acting

9 other than in an official or unofficial capacity on behalf

10 of any government or agency, personally delivers into the

11 custody of the United States Government a living Korea

12 POW/MIA (or participates in such a delivery).

13 (c) KOREA POW/MIA DEFINED.—

14 (1) For purposes of this section, the term

15 ‘‘Korea POW/MIA’’ means an individual—

16 (A) who is a member of a uniformed serv17 ice (within the meaning of section 101(3) of

18 title 37, United States Code) in a missing sta19 tus (as defined in section 551(2) of such title)

20 as a result of the Korean conflict, unless it is

21 officially determined under section 552(c) of

22 such title that such individual is officially ab23 sent from such individual’s post of duty without

24 authority; or

25 (B) who is an employee (as defined in sec26 tion 5561(2) of title 5, United States Code) in
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1 a missing status (as defined in section 5561(5)

2 of such title) as a result of the Korean conflict.

3 Such term does not include an individual who the

4 Secretary of Veterans Affairs determines remained

5 in North Korea, South Korea, or China voluntarily.

6 (2) For purposes of paragraph (1)—

7 (A) the Korean conflict began on June 27,

8 1950, and ended on January 31, 1955; and

9 (B) an individual in a missing status shall

10 be considered to be in a missing status as a re11 sult of the Korean conflict if immediately before

12 that status began the individual—

13 (i) was performing service in the Ko14 rean peninsula ; or

15 (ii) was performing service in Asia in

16 direct support of military operations in the

17 Korean peninsula.

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