[Congressional Record: October 15, 2002 (House)]
[Page H7901-H7902]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr15oc02-50]
{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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