[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 460 Introduced in House (IH)]







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.

    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 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 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 officially 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.

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 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 Korean 
                conflict, unless it is officially 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 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 result of the 
                Korean conflict if immediately before that status began 
                the individual--
                            (i) was performing service in the Korean 
                        peninsula ; or
                            (ii) was performing service in Asia in 
                        direct support of military operations in the 
                        Korean peninsula.
                                 <all>