[Congressional Record Volume 148, Number 105 (Monday, July 29, 2002)]
[Senate]
[Pages S7502-S7503]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          PERSIAN GULF WAR POW/MIA ACCOUNTABILITY ACT OF 2001

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 452, S. 1339.

[[Page S7503]]

  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1339) 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.

  There being no objection, the Senate proceeded to the consideration 
of the bill, which had been reported from the Committee on the 
Judiciary, with an amendment, as follows:

  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics)

       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 2001''.

     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.--Refugee status shall be granted under 
     subsection (a) to--
       [``(1) any alien who--
       [``(A) 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
       [``(B) personally delivers into the custody of the United 
     States Government a living American Persian Gulf War POW/MIA; 
     and
       [``(2) any parent, spouse, or child of an alien described 
     in paragraph (1).]
       ``(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).''.
  Mr. REID. Mr. President, I ask unanimous consent that the committee 
amendment be agreed to; the bill, as amended, be read a third time and 
passed; the motion to reconsider be laid upon the table; and that any 
statements relating thereto be printed in the Record, all with no 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The bill (S. 1339), as amended, was read the third time and passed.

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