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106TH CONGRESS           S. - 484
lST SESSION


_________________________


IN THE SENATE OF THE UNITED STATES


    Mr. CAMPBELL introduced the following bill; which was read twice and re-
    ferred to the Committee on _______________________________

_________________________



A BILL

    To provide for the granting of refugee status in the United
    States to nationals of certain foreign countries in which
    American Vietnam War POW/MIAs or American Korean
    War POW/MIAs may be present, if those nationals assist
    in the return to the United States of those POW/MIAs
    alive.



    • Be it enacted by the Senate and House of Representa-
  1. tives of the United States of America in Congress assembled,
  2. SECTION 1. SHORT TITLE.
    • This Act may be cited as the "Bring Them Home
  3. Alive Act of 1999".





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  1. SEC. 2. AMERICAN VIETNAM WAR POW/MIA ASYLUM PRO-
      • GRAM.
    • (a) ASYLUM FOR ELIGIBLE ALIENS.--Notwithstand-
  2. ing any other provision of law, the Attorny General shall
  3. grant refugee status in the United States to any alien de-
  4. scribed in subsection (b), upon the application of that
  5. alien.
    • (b) ELIGIBILITY.--Refugee status shall be granted
  6. under subsection (a) to--
      • (1) any alien who--
        • (A) is a national of Vietnam, Cambodia,
      • Laos, or any of the independent states of the
      • former Soviet Union; and
        • (B) personally delivers into the custody of
      • the United States Government a living Amer-
      • ican Vietnam War POW/MIA; and
      • (2) any parent, spouse, or child of all alien de-
    • scribed in paragraph (1).
    • (c) DEFINITIONS--In this section:
      • (1) AMERICAN VIETNAM WAR POW/MIA.--
        • (A) IN GENERAL.--Except as provided in
      • subparagraph (B), the term "American Viet-
      • nam 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





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        • a missing status (as defined in section)
        • 551(2) of such title and this subsection) as
        • a result of the Vietnam War; 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 Vietnam War.
        • (B) EXCLUSION.--Such term does not in-
      • clude an individual with respect to whom it is
      • officially determined under section 552(c) of
      • title 37, United States Code, that such individ-
      • ual is officially absent from such individual's
      • post of duty without authority.
      • (2) MISSING STATUS.--The term "missing sta-
    • tus", with respect to the Vietnam War, means the
    • status of an individual as a result of the Vietnam
    • War if immediately before that status began the in-
    • dividual --
        • (A) was performing service in Vietnam; or
        • (B) was performing service in Southeast
      • Asia in direct support of military operations in
      • Vietnam.
      • (3)VIETNAM WAR.--The term "Vietnam War"
    • means the conflict in Southeast Asia during the pe-





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    • riod that began on February 28, 1961, and ended on
    • May 7, 1975.
  1. SEC. 3. AMERICAN KOREAN WAR POW/MIA ASYLUM PRO-
      • GRAM.
    • (a) ASYLUM FOR ELIGIBLE ALIENS.--Notwithstand-
  2. ing any other provision of law, the Attorney General shall
  3. grant refugee status in the United States to any alien de-
  4. scribed in subsection (b), upon the application of that
  5. alien.
    • (b) ELIGIBILITY.--Refugee status shall be granted
  6. under subsection (a) to--
      • (1) any alien--
        • (A) who is a national of North Korea,
      • China or any of the independent states of the
      • former Soviet Union; and
        • (B) who personally delivers into the cus-
      • tody of the United States Government a living
      • American Korean War POW/MIA; and
      • (2) any parent, spouse, or child of an alien de-
    • scribed in paragraph (1).
    • (c) DEFINITIONS.--In this section:
      • (1) AMERICAN KOREAN WAR POW/MIA.--
        • (A) IN GENERAL.--Except as provided in
      • subparagraph (B), the term "American Korean
      • War POW/MIA" means an individual--





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          • (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 Korean War; 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 Korean War.
        • (B) EXCLUSION.--Such term does not in-
      • clude an individual with respect to whom it is
      • officially determined under section 552(c) of
      • title 37, United States Code, that such individ-
      • dual is officially absent from such individual's
      • post of duty without authority.
      • (2) KOREAN WAR.--The term "Korean War"
    • means the conflict on the Korean peninsula during
    • the period that began on June 27, 1950, and ended
    • January 31, 1955.
      • (3) MISSING STATUS.--The term "missing sta-
    • tus" with respect to the Korean War, means the
    • status of an individual as a result of the Korean





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    • War if immediately before that status began the in-
    • dividual--
        • (A) was performing service in the Korean
      • peninsula; or
        • (B) was performing service in Asia in di-
      • rect support of military operations in the Ko-
      • rean peninsula.
  1. SEC. 4. BROADCASTING INFORMATION ON THE "BRING
      • THEM HOME ALIVE" PROGRAM.
    • (a) REQUIREMENT.--
      • (1) IN GENERAL.--The International Broad-
    • casting Bureau shall broadcast, through
    • WORLDNET Television and Film Service and
    • Radio or otherwise, information that promotes the
    • "Bring Them Home Alive" refugee program under
    • this Act to foreign countries covered by paragraph
    • (2).
      • (2) COVERED COUNTRIES.--The foreign coun-
    • tries covered by paragraph (1) are--
        • (A) Vietnam, Cambodia. Laos, China, and
      • North Korea; and
        • (B) Russia and the other independent
      • states of the former Soviet Union.
    • (b) LEVEL OF PROGRAMMING.--The International
  2. Broadcasting Bureau shall broadcast--





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      • (1) at least 20 hours of the programming de-
    • scribed in subsection (a)(1) during the 10-day period
    • that begins on the date of enactment of this Act;
    • and
      • (2) at least 10 hours of the programming de-
    • scribed in subsection (a)(1) in each calendar quarter
    • during the period beginning with the first calendar
    • quarter that begins after the date of enactment of
    • this Act and ending five years after the date of en-
    • actment of this Act.
    • (c) AVAILABILITY OF INFORMATION ON THE
  1. INTERNET.--International Broadcasting Bureau shall en-
  2. sure that information regarding the "Bring Them Home
  3. Alive" refugee program under this Act is readily available
  4. on the World Wide Web sites of the Bureau.
    • (d) SENSE OF CONGRESS.--It is the sense of Con-
  5. gress that RFE/RL, Incorporated, Radio Free Asia, and
  6. any other recipient of Federal grants that engages in
  7. international broadcasting to the countries covered by sub-
  8. section (a)(2) should broadcast information similar to the
  9. information required to be broadcast by subsection (a)(1).
    • (e) DEFINITION.--The term "International Broad-
  10. casting Bureau" means the International Broadcasting
  11. Bureau of the United States Information Agency or, on
  12. and after the effective date of title XIII of the Foreign





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  1. Affairs Reform and Restructuring Act of 1998 (as con-
  2. tained in division G of Public Law 105-277, the Inter-
  3. national Broadcasting Bureau of the Broadcasting Board
  4. of Governors.
  5. SEC. 5. INDEPENDENT STATES OF THE FORMER SOVIET
      • UNION DEFINED.
    • In this Act, the term "independent states of the
  6. former Soviet Union" has the meaning given the term in
  7. section 3 of the FREEDOM Support Act (22 U.S.C.
  8. 5801).





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