U.S.-Vietnam Relations

Text: Senate Passes Bill on POWs/MIAs from Korean and Vietnam Wars
(Grants refugee status to those who help in return of MIAs)
The Senate passed May 24 by unanimous consent a bill that would grant refugee status to nationals of foreign countries who help in the return of American prisoners of war (POWs) and missing in action (MIAs) from the Korean and Vietnam Wars.
Senator Ben Nighthorse Campbell (Republican of Colorado) sponsored S. 484 in 1999. It was put before the Senate May 24, and approved, with minor amendments, the same day. It was sent to the House of Representatives on May 25, and referred to the House Judiciary and International Relations Committees.
A companion piece of legislation, H.R. 1926, already has 98 co-sponsors in the House of Representatives.
So while the Senate will be taking up the fate of legislation granting China Permanent Normal Trade Relations (PNTR) status, passed the same day as Campbell's legislation, the House will be looking at the issue of American POWs and MIAs from two wars that involved the Peoples Republic of China.
The legislation, titled "Bring Them Home Alive Act of 2000," directs the U.S. Attorney General to grant refugee status in the United States to any alien (and the parent, spouse, and child of such) who "personally delivers into the custody of the United States Government a living American."
Section 2 of S. 484 deals with the Vietnam War and cites nationals from Vietnam, Laos, Cambodia, and China as eligible for refugee status.
Section 3 of S. 484, which deals with the Korean War, cites nationals from North Korea, any independent state of the former Soviet Union, and again China.
The potency of the issue regarding POWs and MIAs from one war that began 50 years ago with North Korea's invasion of South Korea, and another that ended 25 years ago with the fall of Saigon, was demonstrated over Memorial Day when more than 250,000 motorcyclists rallied at the Vietnam Veterans Memorial in Washington, D.C. to call for a full accounting of American POWs and MIAs.
Following is the text:
(begin text)
Bring Them Home Alive Act of 2000
(Engrossed in Senate)
S 484 ES
106th CONGRESS
2d Session
S. 484
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.
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 `Bring Them Home Alive Act of 2000'.
SEC. 2. AMERICAN VIETNAM 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- 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 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.
(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
(B) was performing service in Asia in direct support of military operations in the Korean peninsula.
SEC. 4. BROADCASTING 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- 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.
SEC. 5. INDEPENDENT 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).
Passed the Senate May 24, 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 484
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.
(end text)
(Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)

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