[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.