[Congressional Record Volume 148, Number 135 (Tuesday, October 15, 2002)]
[House]
[Pages H7901-H7902]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1415
          PERSIAN GULF WAR POW/MIA ACCOUNTABILITY ACT OF 2002

  Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass 
the Senate 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.
  The Clerk read as follows:

                                S. 1339

       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).''.

  The SPEAKER pro tempore (Mr. Pence). Pursuant to the rule, the 
gentleman from Wisconsin (Mr. Sensenbrenner) and the gentlewoman from 
Texas (Ms. Jackson-Lee) each will control 20 minutes.
  The Chair recognizes the distinguished gentleman from Wisconsin (Mr. 
Sensenbrenner).


                             General Leave

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on S. 1339, the Senate 
bill currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, in the 106th Congress, the Bring Them Home Alive Act was 
enacted as Public Law 106-484. This law, sponsored by Senator Ben 
Nighthorse Campbell and the gentleman from Colorado (Mr. Hefley), 
offers refugee status to any national of Vietnam, Cambodia, Laos, 
China, or any of the independent states of the former Soviet Union, who 
personally delivers into the custody of the United States Government a 
living American prisoner of war from the Vietnam War. It grants similar 
status to any national

[[Page H7902]]

of North Korea, China, or states of the former Soviet Union who differs 
delivers a living American prisoner of war from the Korean War. 
Information regarding the act is broadcast by the International 
Broadcasting Bureau over the Voice of America and other broadcast 
services.
  The Bring Them Home Alive Act signals our continuing dedication to 
all the Americans who served in the Vietnam and Korean wars. It shall 
be needed until all of our soldiers are accounted for. This bill amends 
the Bring Them Home Alive Act to broaden its coverage for the Persian 
Gulf War and any future hostilities in Iraq. There have been recent 
reports that Michael Speicher, a Navy pilot shot down over Iraq in 
1991, may still be in Iraqi hands. We owe it to him and to all those 
who may be called to serve in the coming months to pass this bill.
  The bill provides refugee status to a national of Iraq or a nation in 
the greater Middle East who personally delivers into the custody of the 
United States Government a living American prisoner of war from the 
Persian Gulf War or any successor conflict. To receive refugee status, 
the alien cannot be eligible for asylum on account of being a criminal, 
a terrorist, or a danger to the security of the United States. I urge 
my colleagues to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself as much time as 
I might consume.
  Mr. Speaker, in light of the climate that we now face, calling upon 
our men and women in the United States military once again to defend 
our freedom and in the backdrop of the motion to instruct last week 
that recognized the importance of allowing our veterans to receive both 
their retirement benefits and other benefits simultaneously, there is 
no doubt that this Congress believes strongly in the fighting men and 
women of this Nation, and so I rise with enthusiastic support for this 
bill which will encourage the safe return of Navy pilot Captain Scott 
Speicher, the only person classified as a POW/MIA from the Gulf War of 
the early 1990's.
  His status was changed from dead to MIA, and as well it was based 
upon last year's intelligence information that he survived his plane 
crash and is in prison in Bagdad, Iraq. Recently, he was reclassified 
as missing and captured. The amendment could also be used to encourage 
a return of POWs and MIAs if President Bush initiates a war against 
Iraq, as he currently plans to do.
  A few years ago as a member of the Houston City Council, I was very 
proud to raise the first flag above Houston City Hall to recognize POWs 
and MIAs. This is an important component to recognizing but also 
dealing specifically with an individual now still lost. This bill will 
provide refugee status to the United States to any national of Iraq or 
certain other Middle Eastern countries if they safely return an 
American POW/MIA from the Gulf War into the custody of the U.S. 
Government. The bill amends the Bring Them Home Alive Act of 2000, 
which provides the same benefits to citizens of Asian and former Soviet 
countries who safely return POW/MIAs from the Vietnam and Korean wars. 
The Senate Judiciary Committee already made an important amendment to 
the original language offered by Senator Ben Nighthorse Campbell to 
exempt alien terrorists, persecutors, and people who have been 
convicted of a serious offense and people who present a danger to the 
security of the United States from these benefits.
  I know many Korean War veterans, including the gentleman from 
Michigan (Mr. Conyers), the ranking member of this particular 
committee; and I want to commend Senator Campbell, a fellow veteran of 
the Korean War, the gentleman from Michigan (Mr. Conyers), fellow 
veteran and ranking member, for his initiative to ensure that our POW/
MIAs come home.
  Let me conclude by saying that we enthusiastically offer our support 
for this legislation initiative, and I ask my colleagues to support 
this legislation.
  Mr. Speaker, I support this bill which will encourage the safe return 
of Navy pilot, Captain Scott Speicher, the only person classified as a 
POW/MIA from the Gulf War in the early 1990s. His status was changed 
from dead to MIA last year based on intelligence information that he 
survived his plane crash and is imprisoned in Bagdad, Iraq. Recently, 
he was reclassified as Missing/ Captured. The amendment could also be 
used to encourage the return of future POW/MIAs if President Bush 
initiates a war against Iraq, as he currently plans to do.
  This bill will provide refugee status in the United States to any 
national of Iraq or certain other Middle Eastern countries if they 
safely return an American POW/MIA from the Gulf War into the custody of 
the U.S. government. The bill amends the ``Bring Them Home Alive Act of 
2000'' which provided this same benefits to citizens of Asian and 
former Soviet countries who safely returned American POW/MIAs from the 
Vietnam and Korean wars.
  The Senate Judiciary Committee already made an important amendment to 
the original language offered by Senator Ben Nighthorse Campbell to 
exempt alien terrorists, persecutors, people who have been convicted of 
a serious criminal offense, and people who present a danger to the 
security of the United States from these benefits.
  As a Korean War veteran, I commend my fellow veteran Senator Campbell 
for this initiative to ensure that our POW/MIAs come home.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend the 
rules and pass the Senate bill, S. 1339.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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