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[DOCID: f:s1339is.txt]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Persian Gulf War POW/MIA
Accountability Act of 2001''.
SEC. 2. AMERICAN PERSIAN GULF WAR POW/MIA ASYLUM PROGRAM.
(a) Asylum Program.--The Bring Them Home Alive Act of 2000 (Public
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. AMERICAN 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.--Refugee status shall be granted under
subsection (a) to--
``(1) any alien who--
``(A) 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
``(B) personally delivers into the custody of the
United States Government a living American Persian Gulf
War POW/MIA; and
``(2) any parent, spouse, or child of an alien described in
paragraph (1).
``(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
individual 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 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
(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).''.
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