[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 551 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 551

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 21, 1993

  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.

    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 ``Vietnam 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 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) as a result of the Vietnam 
                conflict, unless it is official determined under 
                section 552(c) of such title that such individual is 
                officially absent from such individual's post of duty 
                without authority; or
                    (B) 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 Vietnam conflict.
        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 February 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 result of the 
                Vietnam conflict if immediately before that status 
                began the individual--
                            (i) was performing service in Vietnam; or
                            (ii) was performing service in Southeast 
                        Asia in direct support of military operations 
                        in Vietnam.

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