Persian Gulf War POW/MIA Accountability Act of 2002
PL 107-258 (S.1339), enacted 10/29/2002

116 STAT. 1738 
PUBLIC LAW 107-258—OCT. 29, 2002 
Public Law 107-258 
107th Congress 
An Act 
Oct. 29, 2002 
To amend the Bring Them Home Alive Act of 
2000 to provide an asylum program 
[S 1339] 
with regard to American Persian Gtilf War POW/MIAs, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Persian Gulf War the United States of America in Congress assembled, 
POW/MIA 
Accountability 
SECTION 1. SHORT TITLE. 
R nqp?{!?i nnf. 
This Act may be cited as the "Persian Gulf War POW/MIA 
SUSCllolnote. Accountability Act of 2002". 
SEC. 2. AMERICAN PERSIAN GULF WAR POW/MIA ASYLUM PROGRAM. 
(a) ASYLUM PROGRAM.—^The Bring Them Home Alive Act of 
2000 (Pubhc Law 106-484; 114 Stat. 2195; 8 U.S.C. 1157 note) 
is amended by inserting after section 3 the following new section: 
"SEC. 3A. AABERICAN PERSIAN GULF WAR POW/MIA ASYLUM PROGRAM. 
"(a) ASYLUM FOR ELIGIBLE ALIENS.—Notwithstanding any other 
provision of law, the Attorney General shall grant refugee status 
in the United States to any alien described in subsection (b), upon 
the application of that alien. 
"(b) ELIGIBILITY.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), 
an alien described in this subsection is— 
"(A) any alien who— 
"(i) is a national of Iraq or a nation of the Greater 
Middle East Region (as determined by the Attorney 
General in consultation with the Secretary of State); 
and 
"(ii) personally delivers into the custody of the 
United States Government a living American Persian 
Gulf War POW/MIA; and 
"(B) any parent, spouse, or child of an alien described 
in subparagraph (A). 
"(2) EXCEPTIONS.—An alien described in this subsection 
does not include a terrorist, a persecutor, a person who has 
been convicted of a serious criminal offense, or a person who 
presents a danger to the security of the United States, as 
set forth in clauses (i) through (v) of section 208(b)(2)(A) of 
the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)). 
PUBLIC LAW 107-258—OCT. 29, 2002 
116 STAT. 1739 
"(c) DEFINITIONS.—In this section: 
"(1) AMERICAN PERSIAN GULF WAR POW/MIA.— 
"(A) IN GENERAL.—Except as provided in subparagraph 
(B), the term 'American Persian Gulf War POW/MIA' 
means an individual— 
"(i) who is a member of a uniformed service (within 
the meaning of section 101(3) of title 37, United States 
Code) in a missing status (as defined in section 551(2) 
of such title and this subsection) as a result of the 
Persian Gulf War, or any successor conflict, operation, 
or action; or 
"(ii) who is an employee (as defined in section 
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 Persian Gulf War, or any successor 
conflict, operation, or action. 
"(B) ExCLUSiON.--Such term does not include an indi-
vidual with respect to whom it is officially determined 
under section 552(c) of title 37, United States Code, that 
such individual is officially absent from such individual's 
post of duty without authority. 
"(2) MISSING STATUS.—^The term 'missing status', with 
respect to the Persian Gulf War, or any successor conflict, 
operation, or action, means the status of an individual as a 
result of the Persian Gulf War, or such conflict, operation, 
or action, if immediately before that status began the 
individual— 
"(A) was performing service in Kuwait, Iraq, or another 
nation of the Greater Middle East Region; or 
"(B) was performing service in the Greater Middle 
East Region in direct support of military operations in 
Kuwait or Iraq. 
"(3) PERSIAN GULF WAR.—The term 'Persian Gulf War' 
means the period beginning on August 2, 1990, and ending 
on the date thereafter prescribed by Presidential proclamation 
or by law.". 
(b) BROADCASTING INFORMATION.—Section 4(a)(2) of that Act 8 use 1157 note, 
is amended— 
(1) by striking "and" at the end of subparagraph (A); 
(2) by striking the period at the end of subparagraph (B) 
and inserting "; and"; and 
116 STAT. 1740 
PUBLIC LAW 107-258—OCT. 29, 2002 
(3) by adding at the end the following new subparagraph: 
"(C) Iraq, Kuwait, or any other country of the Greater 
Middle East Region (as determined by the International 
Broadcasting Bureau in consultation with the Attorney 
General and the Secretary of State).". 
Approved October 29, 2002. 
LEGISLATIVE HISTORY—S. 1339: 
HOUSE REPC«ITS: No. 107-749, Pt. 1 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, VoL 148 (2002): 
July 29, considered and passed Senate. 
Oct. 15, considered and passed House.