[107th Congress Public Law 258]
[From the U.S. Government Printing Office]


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[DOCID: f:publ258.107]


[[Page 1737]]

           PERSIAN GULF WAR POW/MIA ACCOUNTABILITY ACT OF 2002

[[Page 116 STAT. 1738]]

Public Law 107-258
107th Congress

                                 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. <<NOTE: Oct. 29, 2002 -  [S. 1339]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Persian Gulf War POW/MIA 
Accountability Act of 2002.>> assembled,

SECTION 1. <<NOTE: 8 USC 1101 note.>> 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)).

[[Page 116 STAT. 1739]]

    ``(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) <<NOTE: 8 USC 1157 
note.>> 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

[[Page 116 STAT. 1740]]

            (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).''.

    Approved October 29, 2002.

LEGISLATIVE HISTORY--S. 1339:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 107-749, Pt. 1 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 148 (2002):
            July 29, considered and passed Senate.
            Oct. 15, considered and passed House.

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