S.Amdt. 753

SA 753. Mr. NELSON of Florida submitted an amendment intended to be proposed by him to the bill S. 1050, to authorize appropriations for fiscal year 2004 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table; as follows:

On page 291, between lines 14 and 15, insert the following new section:

SEC. 1039. REWARD FOR INFORMATION LEADING TO THE RESOLUTION OF THE FATE OF AN AMERICAN POW/MIA OF THE FIRST GULF WAR.

(a) Reward Authorized.--The Secretary of Defense is authorized to pay a gratuity or gratuities to an individual or individuals determined by the Secretary to have assisted in determining the whereabouts or status of an American POW/ MIA of the First Persian Gulf War. (b) Aggregate Amount of Rewards.--The total amount of gratuities paid by the Secretary under subsection (a) may not exceed $1,000,000. (c) Limitation on Eligibility.--The Secretary may not pay a gratuity under subsection (a) to a terrorist, a persecutor, a person who has been convicted of a serious criminal offense, 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)), or a person suspected of having mistreated or harmed an American POW/MIA of the First Persian Gulf War. (d) Definitions.--In this section: (1) American pow/mia of the first persian gulf war.--(A) In general.--Except as provided in subparagraph (B), the term “American POW/ MIA of the First Persian Gulf War” 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 Operation Desert Shield/ Desert Storm; 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 Operation Desert Shield/Desert Storm. (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 Operation Desert Shield/Desert Storm means the status of an individual as a result of Operation Desert Shield/Desert Storm 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. (e) Authorization of Appropriations.--Of the amount authorized to be appropriated by section 301(c)(5) for operations and maintenance for Defense-wide activities, $1,000,000 may be made available to the Secretary to carry out this section.