[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1339 Enrolled Bill (ENR)]
S.1339
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
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 2002''.
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.--
``(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)).
``(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).''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.