[107th Congress Public Law 258]
[From the U.S. Government Printing Office]
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[DOCID: f:publ258.107]
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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)).
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``(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:
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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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