Text: S.484 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-484 (11/09/2000)

 
[106th Congress Public Law 484]
[From the U.S. Government Printing Office]


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[DOCID: f:publ484.106]


[[Page 114 STAT. 2195]]

Public Law 106-484
106th Congress

                                 An Act


 
 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. <<NOTE: Nov. 9, 2000 -  [S. 484]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Bring Them Home Alive Act 
of 2000.>>  assembled,

SECTION <<NOTE: 8 USC 1157 note.>>  1. SHORT TITLE.

    This Act may be cited as the ``Bring Them Home Alive Act of 2000''.

SEC. 2. AMERICAN VIETNAM WAR POW/MIA ASYLUM PROGRAM. <<NOTE: 8 USC 1157 
            note.>> 

    (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.--Refugee status shall be granted under subsection 
(a) to--
            (1) any alien who--
                    (A) is a national of Vietnam, Cambodia, Laos, China, 
                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 American Vietnam War 
                POW/MIA; and
            (2) any parent, spouse, or child of an alien described 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 Vietnam 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 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 include an 
                individual with respect to whom it is officially 
                determined under section 552(c) of title 37, United 
                States Code, that

[[Page 114 STAT. 2196]]

                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 Vietnam War, means the status of an individual as 
        a result of the Vietnam War if immediately before that status 
        began the individual--
                    (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 period that began on 
        February 28, 1961, and ended on May 7, 1975.

SEC. 3. AMERICAN KOREAN WAR POW/MIA ASYLUM PROGRAM. <<NOTE: 8 USC 1157 
            note.>> 

    (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.--Refugee status shall be granted 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 custody of the 
                United States Government a living American Korean War 
                POW/MIA; and
            (2) any parent, spouse, or child of an alien described 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--
                          (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 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) 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 status'', with 
        respect to the Korean War, means the status of an individual as 
        a result of the Korean War if immediately before that status 
        began the individual--
                    (A) was performing service in the Korean peninsula; 
                or

[[Page 114 STAT. 2197]]

                    (B) was performing service in Asia in direct support 
                of military operations in the Korean peninsula.
SEC. 4. BROADCASTING <<NOTE: 8 USC 1157 note.>>  INFORMATION ON 
                    THE ``BRING THEM HOME ALIVE'' PROGRAM.

    (a) Requirement.--
            (1) In general.--The International Broadcasting Bureau shall 
        broadcast, through WORLDNET Television and Film Service and 
        Radio, VOA-TV, VOA 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 countries 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 Broadcasting Bureau 
shall broadcast--
            (1) at least 20 hours of the programming described in 
        subsection (a)(1) during the 30-day period that begins 15 days 
        after the date of enactment of this Act; and
            (2) at least 10 hours of the programming described 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 enactment of this Act.

    (c) Availability of Information on the Internet.--The International 
Broadcasting Bureau shall ensure that information regarding the ``Bring 
Them Home Alive'' refugee program under this Act is readily available on 
the World Wide Web sites of the Bureau.
    (d) Sense of Congress.--It is the sense of Congress that RFE/RL, 
Incorporated, Radio Free Asia, and any other recipient of Federal grants 
that engages in international broadcasting to the countries covered by 
subsection (a)(2) should broadcast information similar to the 
information required to be broadcast by subsection (a)(1).
    (e) Definition.--The term ``International Broadcasting Bureau'' 
means the International Broadcasting Bureau of the United States 
Information Agency or, on and after the effective date of title XIII of 
the Foreign Affairs Reform and Restructuring Act of 1998 (as contained 
in division G of Public Law 105-277), the International Broadcasting 
Bureau of the Broadcasting Board of Governors.

[[Page 114 STAT. 2198]]

SEC. 5. INDEPENDENT <<NOTE: 8 USC 1157 note.>>  STATES OF THE 
                    FORMER SOVIET UNION DEFINED.

    In this Act, the term ``independent states of the former Soviet 
Union'' has the meaning given the term in section 3 of the FREEDOM 
Support Act (22 U.S.C. 5801).

    Approved November 9, 2000.

LEGISLATIVE HISTORY--S. 484:
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CONGRESSIONAL RECORD, Vol. 146 (2000):
            May 24, considered and passed Senate.
            Oct. 24, considered and passed House.

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