SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Vietnam and Korea
POW/MIA Rescue Act’’.
SEC. 2. VIETNAM POW/MIA ASYLUM PROGRAM.
(a) ASYLUM FOR ELIGIBLE ALIENS.—The Attorney
General shall grant asylum in the United States to any
alien described in subsection (b), upon the application of
that alien.
(b) ELIGIBILITY.—Asylum shall be granted under
subsection (a) to any alien (1) who is a national of Laos,
Vietnam, Cambodia, or Burma, and (2) who, while acting
other than in an official or unofficial capacity on behalf
of any government or agency, personally delivers into the
custody of the United States Government a living Vietnam
POW/MIA (or participates in such a delivery).
(c) VIETNAM POW/MIA DEFINED.—
(1) For purposes of this section, the term
‘‘Vietnam POW/MIA’’ means an individual—
(A) who is a member of a uniformed serv-
ice (within the meaning of section 101(3) of
title 37, United States Code) in a missing sta-
tus (as defined in section 551(2) of such title)
as a result of the Vietnam conflict, unless it is
officially determined under section 552(c) of
such title that such individual is officially ab-
sent from such individual’s post of duty without
authority; or
(B) who is an employee (as defined in sec-
tion 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 Vietnam con-
flict.
Such term does not include an individual who the
Secretary of Veterans Affairs determines remained
in Vietnam, Laos, or Cambodia voluntarily.
(2) For purposes of paragraph (1)—
(A) the Vietnam conflict began on Feb-
ruary 28, 1961, and ended on May 7, 1975;
and
(B) an individual in a missing status shall
be considered to be in a missing status as a re-
sult of the Vietnam conflict if immediately be-
fore that status began the individual—
(i) was performing service in Vietnam;
or
(ii) was performing service in South-
east Asia in direct support of military op-
erations in Vietnam.
SEC. 3. KOREA POW/MIA ASYLUM PROGRAM.
(a) ASYLUM FOR ELIGIBLE ALIENS.—The Attorney
General shall grant asylum in the United States to any
alien described in subsection (b), upon the application of
that alien.
(b) ELIGIBILITY.—Asylum shall be granted under
subsection (a) to any alien (1) who is a national of North
Korea, South Korea, or China and (2) who, while acting
other than in an official or unofficial capacity on behalf
of any government or agency, personally delivers into the
custody of the United States Government a living Korea
POW/MIA (or participates in such a delivery).
(c) KOREA POW/MIA DEFINED.—
(1) For purposes of this section, the term
‘‘Korea POW/MIA’’ means an individual—
(A) who is a member of a uniformed serv-
ice (within the meaning of section 101(3) of
title 37, United States Code) in a missing sta-
tus (as defined in section 551(2) of such title)
as a result of the Korean conflict, unless it is
officially determined under section 552(c) of
such title that such individual is officially ab-
sent from such individual’s post of duty without
authority; or
(B) who is an employee (as defined in sec-
tion 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 Korean conflict.
Such term does not include an individual who the
Secretary of Veterans Affairs determines remained
in North Korea, South Korea, or China voluntarily.
(2) For purposes of paragraph (1)—
(A) the Korean conflict began on June 27,
1950, and ended on January 31, 1955; and
(B) an individual in a missing status shall
be considered to be in a missing status as a re-
sult of the Korean conflict if immediately before
that status began the individual—
(i) was performing service in the Ko-
rean peninsula ; or
(ii) was performing service in Asia in
direct support of military operations in the
Korean peninsula.
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