[Congressional Record Volume 145, Number 30 (Thursday, February 25, 1999)]
[Senate]
[Pages S2025-S2028]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 484. A bill to provide for the granting of refugee status in the 
United States to nationals of certain foreign countries in which 
American Vietnam War POW/MIAs or American Korean War POW/MIAs may be 
present, if those nationals assist in the return to the United States 
of those POW/MIAs alive; to the Committee on the Judiciary.


                 the bring them home alive act of 1999

  Mr. CAMPBELL. Mr. President, I am pleased to introduce the Bring Them 
Home Alive Act of 1999. This bill would persuade foreign nationals to 
take the bold steps needed to return any possibly surviving American 
POW/MIAs home alive. I am pleased to be joined today by Senators Gregg 
and Helms as original cosponsors.
  With the passage of the Soldiers', Sailors', Airmen's, and Marines' 
Bill of Rights Act of 1999, the Senate this week has made great strides 
in providing for the men and women of our armed forces. I am continuing 
this effort today.
  This bill would grant asylum in the United States to foreign 
nationals who personally deliver a living American POW/MIA from either 
the Vietnam War or the Korean War to the United States. Citizens of 
Vietnam, Cambodia, Laos, China, or any of the states of the former 
Soviet Union who deliver living American POW/MIAs from the Vietnam War 
would be granted asylum here. Similarly, citizens of North Korea, 
China, or any of the states of the former Soviet Union who deliver 
living American POW/MIAs from the Korean War would also be granted 
asylum. Of course, that foreign national's immediate family, including 
their spouse and children, would also be granted asylum in the U.S. 
since their safety, and even their lives, would most likely

[[Page S2026]]

be imperiled by such a daring rescue of surviving American POW/MIAs.
  While some may doubt that any American POW/MIAs from these two wars 
remain alive, official U.S. policy distinctly recognizes the 
possibility that U.S. POW/MIAs from the Vietnam War could still be 
alive and held captive in Indochina. As the Defense Department's 
current position states:

       Although we have thus far been unable to prove that 
     Americans are still being held against their will, the 
     information available to us precludes ruling out that 
     possibility. Actions to investigate live-sighting reports 
     receive and will continue to receive necessary priority and 
     resources based on the assumption that at least some 
     Americans are still held captive. Should any report prove 
     true, we will take appropriate action to ensure the return of 
     those involved.

  The bill I am introducing today supports this official position and 
enables the possibility of bringing any surviving U.S. servicemen home 
alive.
  Since the fall of South Vietnam in 1975, there have been reports of 
live sightings of American POW/MIAs being held in Indochina. While the 
majority of these live-sightings have been resolved over the years, and 
have decreased in recent years, the possibility of Americans still 
being held remains. Two Russian translations of Vietnamese documents 
were discovered in Soviet archives in 1993 which contain detailed 
statistics indicating that approximately twice as many American POWs 
were being held by Vietnam in late 1972 than were actually ever 
returned to the United States.

  Furthermore, the Senate Select Committee on POW/MIA Affairs' final 
report in 1993 concluded that about 100 U.S. POWs that were expected to 
be returned by Vietnam were never returned and that at least some of 
them may still be alive and held captive in Indochina.
  It is also possible that American POW/MIAs are still being held in 
North Korea. A few years ago a 1996 Defense Department internal report 
was uncovered that concluded that between 10-15 POW/MIAs may still be 
alive and held against their will in North Korea.
  The Bring Them Home Alive Act includes the states of the former 
Soviet Union, for just cause. Longstanding rumors that American POW/
MIAs from both the Vietnam War and the Korean War were transferred to 
the Soviet Union were recently reinforced by the memoirs of recently 
deceased Soviet General Dmitri Volkogonov. As reported in a January 12, 
1999, Washington Times article, Gen. Volkogonov wrote of seeing a 
secret KGB document from the 1960s outlining a plan to transfer U.S. 
POWs being held in Vietnam to the Soviet Union. The goal of this secret 
KGB plan was ``to bring knowledgeable Americans to the Soviet Union for 
intelligence (gathering) purposes.'' During a Congressional Delegation 
visit to Russia late last year, Russian General Sergeyev tacitly 
confirmed the existence of this document. While some officials contend 
this plan was never carried out, this is far from certain. In addition, 
the cumulative weight of compelling circumstantial evidence supports 
the assertion that American POWs were also transferred to the Soviet 
Union during the Korean War.
  Finally, a key section of this bill would help spread news of the 
Bring Them Home Alive Act around the world. This is needed to help make 
sure that the key foreign nationals who need to hear about this act, do 
so. My bill calls on the International Broadcasting Bureau to use its 
assets, including Worldnet Television and its Internet sites, to spread 
the news. The bill also calls on Radio Free Europe and Radio Free Asia 
to participate.
  If this bill leads to even one long-held POW/MIA being returned home 
to America alive, this effort will be well worth it, 10,000 times over. 
Even though it has been many years since these two wars ended, they 
have not ended for any Americans who may have been left behind and are 
still alive. As long as there remains even the remotest possibility 
that there may be any surviving POWs, we owe it to our Soldiers, 
Sailors, Airmen and Marines, and their families, to do everything 
possible to bring them home alive. This is the least we can do after 
all they have sacrificed.
  Key groups involved in Veterans and POW/MIA issues have endorsed this 
legislation, including the National Vietnam & Gulf War Veterans 
Coalition, the VietNow National POW/MIA Committee, and the Coalition of 
Families of Korean and Cold War POW/MIAs. Naturally, I welcome any 
additional endorsements that any of the other important organizations 
involved in POW/MIA related issues may wish to provide.
  Mr. President, I ask unanimous consent that the text of the Bring 
Them Home Alive Act of 1999, the Washington Times article, and the 
letters of endorsement be included in the Record. I urge my colleagues 
to support passage of this important legislation.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 484

       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 ``Bring Them Home Alive Act of 
     1999''.

     SEC. 2. AMERICAN VIETNAM 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 Vietnam, Cambodia, Laos, China, or any 
     of the independent states of the former Soviet Union; and
       (B) personally delivers into the custody of the United 
     States Government a living American Vietnam War POW/MIA; and
       (2) any parent, spouse, or child of an alien described in 
     paragraph (1).
       (c) Definitions.--In this section:
       (1) American Vietnam War POW/MIA.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``American Vietnam 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 Vietnam War; 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 Vietnam 
     War.
       (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 Vietnam War, means the status of an individual 
     as a result of the Vietnam War if immediately before that 
     status began the individual--
       (A) was performing service in Vietnam; or
       (B) was performing service in Southeast Asia in direct 
     support of military operations in Vietnam.
       (3) Vietnam War.--The term ``Vietnam War'' means the 
     conflict in Southeast Asia during the period that began on 
     February 28, 1961, and ended on May 7, 1975.

     SEC. 3. AMERICAN KOREAN 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--
       (A) who is a national of North Korea, China, or any of the 
     independent states of the former Soviet Union; and
       (B) who personally delivers into the custody of the United 
     States Government a living American Korean War POW/MIA; and
       (2) any parent, spouse, or child of an alien described in 
     paragraph (1).
       (c) Definitions.--In this section:
       (1) American Korean War POW/MIA.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``American Korean 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 Korean War; 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 Korean 
     War.
       (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) Korean War.--The term ``Korean War'' means the conflict 
     on the Korean peninsula during the period that began on June 
     27, 1950, and ended January 31, 1955.
       (3) Missing Status.--The term ``missing status'', with 
     respect to the Korean War, means the status of an individual 
     as a result of the Korean War if immediately before that 
     status began the individual--
       (A) was performing service in the Korean peninsula; or

[[Page S2027]]

       (B) was performing service in Asia in direct support of 
     military operations in the Korean peninsula.

     SEC. 4. BROADCASTING INFORMATION ON THE ``BRING THEM HOME 
                   ALIVE'' PROGRAM.

       (a) Requirement.--
       (1) In general.--The International Broadcasting Bureau 
     shall broadcast, through WORLDNET Television and Film Service 
     and Radio or otherwise, information that promotes the ``Bring 
     Them Home Alive'' refugee program under this Act to foreign 
     countries covered by paragraph (2).
       (2) Covered countries.--The foreign countries covered by 
     paragraph (1) are--
       (A) Vietnam, Cambodia, Laos, China, and North Korea; and
       (B) Russia and the other independent states of the former 
     Soviet Union.
       (b) Level of Programming.--The International Broadcasting 
     Bureau shall broadcast--
       (1) at least 20 hours of the programming described in 
     subsection (a)(1) during the 10-day period that begins on the 
     date of enactment of this Act; and
       (2) at least 10 hours of the programming described in 
     subsection (a)(1) in each calendar quarter during the period 
     beginning with the first calendar quarter that begins after 
     the date of enactment of this Act and ending five years after 
     the date of enactment of this Act.
       (c) Availability of Information on the Internet.--
     International Broadcasting Bureau shall ensure that 
     information regarding the ``Bring Them Home Alive'' refugee 
     program under this Act is readily available on the World Wide 
     Web sites of the Bureau.
       (d) Sense of Congress.--It is the sense of Congress that 
     RFE/RL, Incorporated, Radio Free Asia, and any other 
     recipient of Federal grants that engages in international 
     broadcasting to the countries covered by subsection (a)(2) 
     should broadcast information similar to the information 
     required to be broadcast by subsection (a)(1).
       (e) Definition.--The term ``International Broadcasting 
     Bureau'' means the International Broadcasting Bureau of the 
     United States Information Agency or, on and after the 
     effective date of title XIII of the Foreign Affairs Reform 
     and Restructuring Act of 1998 (as contained in division G of 
     Public Law 105-277), the International Broadcasting Bureau of 
     the Broadcasting Board of Governors.

     SEC. 5. INDEPENDENT STATES OF THE FORMER SOVIET UNION 
                   DEFINED.

       In this Act, the term ``independent states of the former 
     Soviet Union'' has the meaning given the term in section 3 of 
     the FREEDOM Support Act (22 U.S.C. 5801).
                                  ____


               [From the Washington Times, Jan. 12, 1999]

State Department Accused of Stifling POW-MIA Probe--Weldon Says Russian 
                    Lawmaker Told Him of U.S. Effort

                            (By Bill Gertz)

       A Russian parliamentarian who worked on prisoner-of-war 
     issues claims the State Department discouraged Moscow from 
     pursuing the fate of missing Americans, according to a senior 
     member of Congress.
       Rep. Curt Weldon said he is upset by the claim of the Duma 
     member who told him about the State Department comments 
     during a meeting in Moscow last month.
       ``During a conversation, the official told me `I can tell 
     you, we were told by your government, your State Department, 
     not to pursue these issues,' '' Mr. Weldon, Pennsylvania 
     Republican, said in an interview.
       The statement bolsters private criticism by some Pentagon 
     officials that the State Department is refusing to press the 
     Russian government to investigate cases of missing Americans.
       Pentagon officials told The Washington Times last month 
     that Secretary of State Madeleine K. Albright delayed for 
     months contacting senior Russian officials about a secret KGB 
     plan to transport ``knowledgeable Americans'' to the Soviet 
     Union during the late 1960s for intelligence purposes.
       Mrs. Albright also failed to raise the issue directly with 
     Russian Foreign Minister Yevgeny Primakov, who is now prime 
     minister, during several meetings. Mr. Primakov would have 
     had direct knowledge of the secret plan while he was director 
     of Russian intelligence in the early 1990s.
       Mr. Weldon said he is investigating the claim and has 
     written to Mrs. Albright asking for an explanation.
       The Russian official was not identified by name, but Mr. 
     Weldon said the official had worked on the U.S.-Russian Joint 
     Commission on POWs headed by retired Russian Gen. Dmitri 
     Volkogonov. The Duma members told Mr. Weldon about the 
     problem in a private meeting.
       ``His accusation is quite disturbing in light of the 
     administration's initial reluctance to aggressively pursue 
     the matter with the Russian government,'' Mr. Weldon states 
     in a Jan. 6 letter to Mrs. Albright, ``I urge that you 
     investigate this charge and inform me of your findings.''
       Ann Johnson, a State Department spokeswoman, said the 
     matter was ``looked into,'' but no one in the State 
     Department relayed such a message to any Duma members.
       Asked if Mrs. Albright would raise the issue of the POW 
     document during her upcoming meetings with Russian officials 
     in Moscow, Miss Johnson said the agenda has not been set. 
     ``We do look forward to getting a look at the results of the 
     Russian investigation of this matter, as Prime Minister 
     Primakov promised Vice President [Al] Gore in Kuala Lumpur in 
     November,'' she said.
       Gen. Volkogonov, who died in December 1995, disclosed in a 
     memoir published in September that he had uncovered the 
     secret plan by the KGB intelligence service during the late 
     1960s ``to bring knowledgeable Americans to the Soviet Union 
     for intelligence purposes.''
       After the plan was disclosed by The Times in November, 
     White House spokesmen initially said President Clinton would 
     not raise the issue in meetings with Mr. Primakov set for 
     late November in Kuala Lumpur, Malaysia. Later, the White 
     House reversed its position and said the president would 
     bring up the issue if talks at the POW commission in Moscow 
     failed to resolve the matter.
       After Mr. Clinton canceled his trip to Malaysia because of 
     the crisis with Iraq, Mr. Gore raised the issue with Mr. 
     Primakov.
       Mr. Clinton said in a letter to a POW activist last month 
     that he is ``very concerned'' about the Russian plan ``given 
     that American personnel were held as POWs in Southeast Asia 
     during this same period.'' He promised to ``press'' the 
     Russians to provide answers.
       The president stated in a Dec. 18 letter to Delores Alfond, 
     chairman of the National Alliance of Families, that his 
     administration is trying to find out about the authors of the 
     KGB plan, whether it was carried out, and ``the names of any 
     Americans who were transferred.'' If the plan was not carried 
     out, ``we have requested documentation that convincingly 
     proves this point,'' he said.
       Mr. Weldon said in his letter to Mrs. Albright that he was 
     encouraged by the administration's discussions, ``but I 
     remain deeply disappointed that you deferred pursuit of this 
     matter for so long after it first came to your attention.''
       ``With hundreds of U.S. POW-MIAs still unaccounted for, we 
     must aggressively pursue all evidence which might help us 
     determine their fate,'' he said. ``The United States has no 
     basis on which to turn its back on information which may lead 
     us to closure on the POW issue. Nor should we fear 
     repercussions from the Russian government, as it will not 
     suffer the reputation of its predecessor's excesses, but may 
     actually enhance its own reputation by fully disclosing the 
     fact.''
       Mr. Weldon said that Mrs. Albright should investigate the 
     Duma official's charge and ``reaffirm the strong U.S. 
     commitment to leave no stone unturned in the effort to 
     determine the fate of all U.S. POWs.''
                                  ____



                                VietNow National Headquarters,

                                  Rockford, IL, February 18, 1999.
     Hon. Ben Nighthorse Campbell,
     Senate Russell Office Building,
     Washington, DC.
       Dear Senator Campbell: I wanted to write and thank you and 
     Larry Vigil for your efforts to bring our ``Live'' POWs home. 
     Sir, there is overwhelming evidence that living American POWs 
     were left behind and in enemy hands at the conclusion of the 
     U.S. involvement in both the Vietnam and Korean Wars. There 
     is reason to believe that some of these fellow Americans are 
     still alive. Your approach to gain their release, as outlined 
     in your bill titled ``The Bring Them Home Alive Act of 
     1999'', is viable and provides incentive for those who may be 
     able to secure our POWs release to do so.
       I have written my two senators, Boxer and Feinstein, with a 
     request that they join your effort and cosponsor your bill. A 
     copy of my letters to them is enclosed for your review and 
     file. In addition, I have sent information regarding your 
     bill to each VietNow chapter POW/MIA chairman and various 
     other POW/MIA organizations and individual activists. I have 
     encouraged these people to contact their respective U.S. 
     Senators and to urge them to also cosponsor this bill.
       Thank you for caring about our ``Live'' POWs and taking a 
     positive step to gain their release!
           Sincerely,
     Rich Teague, Chairman.
                                  ____

                                           National Vietnam & Gulf


                                       War Veterans Coalition,

                                Washington, DC, February 17, 1999.
     Re the Bring Them Home Alive Act of 1999.

     Hon. Ben Nighthorse Campbell,
     U.S. Senate, Washington, DC.

     (Attention of Larry Vigil).

       Dear Senator Campbell: The National Vietnam & Gulf War 
     Veteran's Coalition is a federation of 101 Vietnam and Gulf 
     War veteran support organizations that work together on ten 
     (10) goals. One of the most important goals of our Coalition 
     is the return of any living missing American servicemen in 
     Southeast Asia.
       Your legislative initiative of introducing the ``Bring Them 
     Home Alive Act of 1999'' is the right bill at the right time. 
     This bill will grant asylum or refugee status to any foreign 
     national that helps bring out a live American prisoner of war 
     (POW) from the Vietnam War. This applies to nationals of 
     Vietnam, Cambodia, Laos, North Korea, China and the former 
     states of the Soviet Union. It would also grant asylum or 
     refugee status to the rescuer's family.
       Passing this legislation is the least we can do for any 
     Soldier, Sailor, Airman or Marine that may still be held as a 
     POW. As long as there remains even the remotest possibility 
     that there may be surviving POWs we owe this to them to bring 
     them home.
       In conclusion, our National Vietnam & Gulf War Veterans 
     Coalition hereby endorses the ``Bring Them Home Alive Act of 
     1999''

[[Page S2028]]

     and will utilize our resources to secure passage of this 
     legislation as our promised legislative effort in this 
     session of Congress.
           Sincerely yours,
                                             J. Thomas Burch, Jr.,
                                                         Chairman.
                                 ______