[Congressional Record (Bound Edition), Volume 149 (2003), Part 18]
[House]
[Pages 24699-24703]
[From the U.S. Government Publishing Office, www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 3289

                  Offered By: Mr. Hastings of Florida

       Amendment No. 1: At the end of title II of the bill, add 
     the following new section:
       Sec. __. It is the sense of Congress that the President 
     should establish and implement a plan of action to achieve 
     security, relief, rehabilitation, and reconstruction in Iraq. 
     Such a plan should articulate the United States interests 
     involved, define United States objectives, and provide a 
     strategy for achieving the objectives, including a listing of 
     each Federal department and agency involved in achieving the 
     objectives and a detailed description of the responsibilities 
     of each such department and agency related thereto.

                               H.R. 3289

                  Offered By: Mr. Hastings of Florida

       Amendment No. 2: At the end of the bill (before the short 
     title), insert the following:
       Sec. __. None of the funds made available in this Act may 
     be used for--
       (1) the construction, refurbishment, maintenance, or 
     operation of any educational facility that discriminates on 
     the basis of religion, national origin, race, color, or 
     gender;
       (2) the construction, refurbishment, maintenance, or 
     operation of any educational facility that segregates 
     students on the basis of any of the criteria described in 
     paragraph (1);
       (3) the payment of the salary of any educational 
     administrator or teacher who demonstrates, encourages, or 
     condones disparate treatment of students on the basis of any 
     of the criteria described in paragraph (1); or
       (4) the purchase of any educational material, or 
     establishment of any educational curriculum, that promotes 
     anti-Semitic, anti-western, or anti-democratic values or 
     beliefs.

                               H.R. 3289

                        Offered By: Mr. Manzullo

       Amendment No. 3: At the end of title II, add the following 
     new section:
       Sec. __. (a) Amounts appropriated by this Act or by Public 
     Law 108-11 for relief and reconstruction in Iraq shall be 
     used, to the greatest extent possible, to acquire--
       (1) unmanufactured articles, materials, and supplies mined 
     or produced in the United States;
       (2) manufactured articles, materials, and supplies that 
     have been manufactured in the United States substantially all 
     from articles, materials, or supplies mined, produced, or 
     manufactured in the United States; and
       (3) services performed by United States labor.
       (b) Not later than 60 days after the date of the enactment 
     of this Act, and every 60 days thereafter until amounts 
     referred to in subsection (a) are expended, the head of each 
     department or agency of the Federal Government which expends 
     such amounts shall prepare and submit to Congress a report 
     containing the following with respect to the expenditure of 
     such amounts:
       (1) A list of all contracts awarded during the period 
     covered by the report.
       (2) For each such contract, the origin of unmanufactured 
     articles, materials, and supplies to be used under the 
     contract.
       (3) For each such contract, the origin of articles, 
     materials, and supplies used in manufactured articles, 
     materials, and supplies to be used under the contract.
       (4) For each such contract, the source of the labor 
     performing the work under the contract.

                               H.R. 3289

                        Offered By: Mr. Stearns

       Amendment No. 4: At the end of title II of the bill, add 
     the following:
       Sec. __. (a) Findings.--Congress finds the following:
       (1) The United states has contributed thousands of troops 
     in support of Operation Iraqi Freedom.
       (2) The American taxpayer has incurred the majority of 
     costs associated with Operation Iraqi Freedom.
       (3) A number of countries to which Iraq is heavily indebted 
     refused to provide assistance to liberate the Iraqi people.
       (4) The American taxpayer will not tolerate allowing a 
     reconstructed Iraq to first repay those same countries that 
     refused to help its oppressed population.
       (5) The American taxpayer deserves some measure of 
     repayment for United States servicemen and women having 
     risked and sacrificed their lives for the people of Iraq.
       (6) A reconstructed Iraqi economy, holding the second 
     largest oil reserve in the world, can provide substantial 
     revenue in the future.
       (b) Sense of Congress.--It is the sense of Congress that 
     amounts made available in this Act under the heading ``Iraq 
     Relief and Reconstruction Fund'' should be in the form of 
     loans subject to repayment to the United States Government by 
     a future sovereign government in Iraq.

                               H.R. 3289

                        Offered By: Mr. Shadegg

       Amendment No. 5: Page 28, line 5, after the dollar amount 
     insert ``(reduced by $245,000,000)''.
       Page 30, line 1, after the dollar amount insert 
     ``(increased by $245,000,000)''.

                               H.R. 3289

                        Offered By: Mr. Shadegg

       Amendment No. 6: Page 28, line 5, after the dollar amount 
     insert ``(reduced by $245,000,000)''.
       Page 30, line 1, after the dollar amount insert 
     ``(increased by $345,000,000)''.
       Page 35, line 10, after the dollar amount insert ``(reduced 
     by $100,000,000)''.

                               H.R. 3289

                        Offered By: Mr. Ramstad

       Amendment No. 7: Page 2, line 9, insert after the dollar 
     amount the following: ``(increased by 98,000,000)''.
         Page 30, lines 1 and 4, insert after the dollar amount 
     the following: ``(reduced by 98,000,000)''.

                               H.R. 3289

                        Offered By: Mr. DeFazio

       Amendment No. 8: At the end of the bill (before the short 
     title), insert the following:
       Sec. __. None of the funds made available in this Act may 
     be used for the participation of Iraq in the Organization of 
     Petroleum Exporting Countries (OPEC).

                               H.R. 3289

                        Offered By: Mr. DeFazio

       Amendment No. 9: On page 20, Line 22, under the heading 
     ``Iraq Relief and Reconstruction Fund'', strike 
     ``$18,649,000,000'' and insert ``$1,864,900,000''

                               H.R. 3289

                        Offered By: Mr. DeFazio

       Amendment No. 10: At the end of title II, insert the 
     following new section:

     SEC. 22__. FINANCIAL ASSISTANCE TO STATE AND LOCAL 
                   GOVERNMENTS.

       (a) Payments to State and Local Governments.--There is 
     authorized to be appropriated and is appropriated for making 
     payments under this section to States and local governments, 
     to coordinate budget-related actions by such governments with 
     Federal Government efforts to stimulate economic recovery, an 
     amount equal to at least the total amount appropriated under 
     this Act and under the Emergency Wartime Supplemental 
     Appropriations Act, 2003 (Public Law 108-11) under the 
     heading ``Iraq Relief and Reconstruction Fund''. Such amounts 
     shall be in addition to, and not in lieu of, other amounts 
     appropriated for payments to States and local governments.
       (b) Payments.--
       (1) Fiscal year 2003.--From the amount appropriated under 
     subsection (a) for fiscal year 2003, the Secretary of the 
     Treasury shall, not later than the later of the date that is 
     45 days after the date of enactment of this Act or the date 
     that a State provides the certification required by 
     subsection (e) for fiscal year 2003, pay each State the 
     amount determined for the State for fiscal year 2003 under 
     subsection (c).
       (2) Fiscal year 2004.--From the amount appropriated under 
     subsection (a) for fiscal year 2004, the Secretary of the 
     Treasury shall, not later than the later of October 1, 2003, 
     or the date that a State provides the certification required 
     by subsection (e) for fiscal year 2004, pay each State the 
     amount determined for the State for fiscal year 2004 under 
     subsection (c).
       (c) Payments Based on Population.--
       (1) In general.--Subject to paragraph (2), the amount 
     appropriated under subsection (a) for each of fiscal years 
     2003 and 2004 shall be used to pay each State an amount equal 
     to the relative population proportion amount described in 
     paragraph (3) for such fiscal year.
       (2) Minimum payment.--
       (A) In general.--No State shall receive a payment under 
     this section for a fiscal year that is less than--
       (i) in the case of 1 of the 50 States or the District of 
     Columbia, \1/2\ of 1 percent of the amount appropriated for 
     such fiscal year under subsection (a); and
       (ii) in the case of the Commonwealth of Puerto Rico, the 
     United States Virgin Islands, Guam, the Commonwealth of the

[[Page 24700]]

     Northern Mariana Islands, or American Samoa, \1/10\ of 1 
     percent of the amount appropriated for such fiscal year under 
     subsection (a).
       (B) Pro rata adjustments.--The Secretary of the Treasury 
     shall adjust on a pro rata basis the amount of the payments 
     to States determined under this section without regard to 
     this subparagraph to the extent necessary to comply with the 
     requirements of subparagraph (A).
       (3) Relative population proportion amount.--The relative 
     population proportion amount described in this paragraph is 
     the product of--
       (A) the amount described in subsection (a) for a fiscal 
     year; and
       (B) the relative State population proportion (as defined in 
     paragraph (4)).
       (4) Relative state population proportion defined.--For 
     purposes of paragraph (3)(B), the term ``relative State 
     population proportion'' means, with respect to a State, the 
     amount equal to the quotient of--
       (A) the population of the State (as reported in the most 
     recent decennial census); and
       (B) the total population of all States (as reported in the 
     most recent decennial census).
       (d) Use of Payment.--A State shall use the funds provided 
     under a payment made under this section for a fiscal year 
     only for--
       (1) ordinary and necessary maintenance and operating 
     expenses for--
       (A) primary, secondary, or higher education, including 
     school building renovation;
       (B) public safety;
       (C) public health, including hospitals and public health 
     laboratories;
       (D) social services for the disadvantaged or aged;
       (E) roads, transportation, and water infrastructure; and
       (F) housing;
       (2) ordinary and necessary capital expenditures authorized 
     by law; and.
       (3) costs to the State of complying with any Federal 
     intergovernmental mandate (as defined in section 421(5) of 
     the Congressional Budget Act of 1974) to the extent that the 
     mandate applies to the State, and the Federal Government has 
     not provided funds to cover the costs.
       (e) Certification.--In order to receive a payment under 
     this section for a fiscal year, the State shall provide the 
     Secretary of the Treasury with a certification that the 
     State's proposed uses of the funds are consistent with 
     subsection (d).
       (f) Definition of State.--In this section, the term 
     ``State'' means the 50 States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, the Commonwealth of the Northern Mariana 
     Islands, and American Samoa.
       (g) Wage Rates.--All laborers and mechanics employed by 
     contractors and subcontractors in the performance of 
     construction work financed in whole or in part with 
     assistance received under this section shall be paid wages at 
     rates not less than those prevailing on similar construction 
     in the locality as determined by the Secretary of Labor in 
     accordance with the Act of March 3, 1931 (commonly known as 
     the Davis-Bacon Act; 40 U.S.C. 276a et seq.).
       (h) Availability to Local Governments.--Not less than one-
     third of the amount appropriated pursuant to subsection (a) 
     shall be made available to local governments under the 
     applicable laws of a given State.

                               H.R. 3289

                       Offered By: Mr. Van Hollen

       Amendment No. 11: At the end of the bill (before the short 
     title), insert the following:

       Sec. __. (a) Provision of Funds for Security and 
     Stabilization of Iraq Through Partial Suspension of 
     Reductions in Highest Income Tax Rate.--The table contained 
     in paragraph (2) of section 1(i) of the Internal Revenue Code 
     of 1986 (relating to reductions in rates after June 30, 2001) 
     is amended to read as follows:


------------------------------------------------------------------------
                                    The corresponding percentages shall
               ``In the case of      be substituted for  the following
                 taxable years                  percentages:
               beginning during   --------------------------------------
                calendar year:       28%      31%      36%       39.6%
------------------------------------------------------------------------
             2001................   27.5%    30.5%    35.5%      39.1%
             2002................   27.0%    30.0%    35.0%      38.6%
             2003 and 2004.......   25.0%    28.0%    33.0%      35.0%
             2005 and thereafter.   25.0%    28.0%    33.0%    38.2%''.
------------------------------------------------------------------------

       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2004.
       (c) Application of EGTRRA Sunset to This Section.--The 
     amendment made by this section shall be subject to title IX 
     of the Economic Growth and Tax Relief Reconciliation Act of 
     2001 to the same extent and in the same manner as the 
     provision of such Act to which such amendment relates.

                               H.R. 3289

                       Offered By: Mr. Van Hollen

       Amendment No. 12: At the end of the bill (before the short 
     title), insert the following:
       Sec. 3007. (a) None of the funds made available in this Act 
     may be obligated or expended for weapons inspection until the 
     President certifies to the Congress that inspectors from the 
     United Nations Monitoring, Verification and Inspection 
     Commission (UNMOVIC), or any other entity representing the 
     United Nations, have been invited to participate in the 
     inspection process and to share any information gathered 
     therein with inspectors from the Iraq Survey Group or any 
     other entity representing the United States or the United 
     States-led coalition in Iraq.
       (b) The President shall transmit to the Congress a report 
     on the cost savings that have resulted from the participation 
     described in subsection (a) of inspectors from UNMOVIC or any 
     other entity representing the United Nations.

                               H.R. 3289

                         Offered By: Mr. Filner

       Amendment No. 13: After the appropriating clause (preceding 
     title I), insert the following:

                     TITLE IA--DOMESTIC EMERGENCIES

       Sec. 101. For an additional amount to hire 1,300 additional 
     customs inspectors on the United States borders, 
     $125,000,000: Provided, That such amount is designated by the 
     Congress as an emergency requirement pursuant to section 502 
     of H. Con. Res. 95 (108th Congress), the concurrent 
     resolution on the budget for fiscal year 2004.

                               H.R. 3289

                         Offered By: Mr. Filner

       Amendment No. 14: After the appropriating clause (preceding 
     title I), insert the following:

                     TITLE IA--DOMESTIC EMERGENCIES

       Sec. 101. For an additional amount for domestic hospital 
     construction repair and upgrades, $295,000,000: Provided, 
     That such amount is designated by the Congress as an 
     emergency requirement pursuant to section 502 of H. Con. Res. 
     95 (108th Congress), the concurrent resolution on the budget 
     for fiscal year 2004.

                               H.R. 3289

                         Offered By: Mr. Filner

       Amendment No. 15: After the appropriating clause (preceding 
     title I), insert the following:

                     TITLE IA--DOMESTIC EMERGENCIES

       Sec. 101. For an additional amount for bioterrorism 
     preparedness grants for United States border hospitals and 
     other first responder healthcare providers, $1,200,000,000: 
     Provided, That such amount is designated by the Congress as 
     an emergency requirement pursuant to section 502 of H. Con. 
     Res. 95 (108th Congress), the concurrent resolution on the 
     budget for fiscal year 2004.

                               H.R. 3289

                         Offered By: Mr. Filner

       Amendment No. 16: After the appropriating clause (preceding 
     title I), insert the following:

                     TITLE IA--DOMESTIC EMERGENCIES

       Sec. 101. For an additional amount for medical supplies and 
     equipment for the veterans hospital at Quezon City, 
     $2,000,000: Provided, That such amount is designated by the 
     Congress as an emergency requirement pursuant to section 502 
     of H. Con. Res. 95 (108th Congress), the concurrent 
     resolution on the budget for fiscal year 2004.

                               H.R. 3289

                         Offered By: Mr. Filner

       Amendment No. 17: After the appropriating clause (preceding 
     title I), insert the following:

                     TITLE IA--DOMESTIC EMERGENCIES

       Sec. 101. For an additional amount to fully fund the 
     Federal portion of the Individuals with Disabilities 
     Education Act (IDEA), $10,000,000,000: Provided, That such 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 502 of H. Con. Res. 95 (108th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2004.

[[Page 24701]]



                               H.R. 3289

                         Offered By: Mr. Filner

       Amendment No. 18: After the appropriating clause (preceding 
     title I), insert the following:

                     TITLE IA--DOMESTIC EMERGENCIES

       Sec. 101. For an additional amount to increase the service 
     of Head Start, a Federal program that provides comprehensive 
     early childhood development services to low-income children, 
     $1,000,000,000: Provided, That such amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     502 of H. Con. Res. 95 (108th Congress), the concurrent 
     resolution on the budget for fiscal year 2004.

                               H.R. 3289

                         Offered By: Mr. Filner

       Amendment No. 19: After the appropriating clause (preceding 
     title I), insert the following:

                     TITLE IA--DOMESTIC EMERGENCIES

       Sec. 101. For an additional amount to remedy overcrowded or 
     dilapidated classrooms, and crumbling schools, 
     $6,800,000,000: Provided, That such amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     502 of H. Con. Res. 95 (108th Congress), the concurrent 
     resolution on the budget for fiscal year 2004.

                               H.R. 3289

                         Offered By: Mr. Filner

       Amendment No. 20: After the appropriating clause (preceding 
     title I), insert the following:

                     TITLE IA--DOMESTIC EMERGENCIES

       Sec. 101. For an additional amount to repair, rehabilitate, 
     and produce electric generation and distribution 
     infrastructure, $5,600,000,000: Provided, That such amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 502 of H. Con. Res. 95 (108th Congress), 
     the concurrent resolution on the budget for fiscal year 2004.

                               H.R. 3289

                         Offered By: Mr. Filner

       Amendment No. 21: After the appropriating clause (preceding 
     title I), insert the following:

                     TITLE IA--DOMESTIC EMERGENCIES

       Sec. 101. For an additional amount for the Secure Electric 
     Network for Travelers Rapid Inspections (SENTRI) program in 
     the Bureau of Customs and Border Protection to improve border 
     security and efficiency, $5,000,000: Provided, That such 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 502 of H. Con. Res. 95 (108th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2004.

                               H.R. 3289

                         Offered By: Mr. Filner

       Amendment No. 22: After the appropriating clause (preceding 
     title I), insert the following:

                     TITLE IA--DOMESTIC EMERGENCIES

       Sec. 101. For an additional amount for Department of 
     Veterans Affairs medical programs, $1,800,000,000: Provided, 
     That such amount is designated by the Congress as an 
     emergency requirement pursuant to section 502 of H. Con. Res. 
     95 (108th Congress), the concurrent resolution on the budget 
     for fiscal year 2004.

                               H.R. 3289

                         Offered By: Mr. Filner

       Amendment No. 23: After the appropriating clause (preceding 
     title I), insert the following:

                     TITLE IA--DOMESTIC EMERGENCIES

       Sec. 101. For an additional amount for health care and 
     benefits for Filipino World War II veterans pursuant to the 
     applicable provisions of H.R. 2297 and H.R. 2357 of the 108th 
     Congress, as passed by the House of Representatives, 
     $19,131,000: Provided, That such amount is designated by the 
     Congress as an emergency requirement pursuant to section 502 
     of H. Con. Res. 95 (108th Congress), the concurrent 
     resolution on the budget for fiscal year 2004.

                               H.R. 3289

                         Offered By: Mr. Filner

       Amendment No. 24: After the appropriating clause (preceding 
     title I), insert the following:

                     TITLE IA--DOMESTIC EMERGENCIES

       Sec. 101. For an additional amount for programs to assist 
     America's first reponders, the police officers, firefighters, 
     and paramedics of the United States, $290,000,000: Provided, 
     That such amount is designated by the Congress as an 
     emergency requirement pursuant to section 502 of H. Con. Res. 
     95 (108th Congress), the concurrent resolution on the budget 
     for fiscal year 2004.

                               H.R. 3289

                         Offered By: Mr. Lantos

       Amendment No. 25: At the end of the bill (before the short 
     title), insert the following:
       Sec. 3007. None of the funds made available in this Act 
     under the heading ``iraq relief and reconstruction fund'' may 
     be provided except in the form of loans repayable to the 
     United States Government, where permitted by law.

                               H.R. 3289

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 26: At the end of the bill (before the short 
     title), insert the following new section:
       Sec. __. None of the funds made available in this Act may 
     be obligated or expended until Government personnel policies 
     have been implemented to ensure that no members of the Armed 
     Forces or Government employees are being required to be 
     stationed in Iraq continuously for a period greater than six 
     months.

                               H.R. 3289

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 27: At the end of the bill (before the short 
     title), insert the following new section:
       Sec. __. None of the funds made available in this Act may 
     be obligated or expended until the President has submitted to 
     Congress a report setting forth in detail the strategy and 
     projected timetable for withdrawing United States forces from 
     Iraq.

                               H.R. 3289

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 28: At the end of the bill (before the short 
     title), insert the following:
       Sec. 3207. It is the sense of the Congress that this Act 
     should be approved by the Congress by means of a bifurcated 
     vote of Congress subject to the following conditions:
       (1) Two separate votes should be taken in Congress--
       (A) the first to address funding specifically designated 
     for the support of military functions; and
       (B) the second to address funding specifically designated 
     for the reconstruction of Iraq.
       (2) Following the enactment of this Act, a United Nations 
     resolution should be prepared and approved by the Security 
     Council which includes--
       (A) an identification of those allies which will assist the 
     United States in its efforts toward the democratization and 
     reconstruction of Iraq;
       (B) the total number and phasing of troops to be deployed 
     in these efforts;
       (C) an explanation of the extent of burden-sharing that can 
     be expected from allies; and
       (D) an exit plan that accounts for the return of members of 
     the Armed Services to the United States.

                               H.R. 3289

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 29: At the end of the bill (before the short 
     title), insert the following new section:
       Sec. __. None of the funds made available in this Act may 
     be used until after the date on which a special counsel is 
     appointed to investigate the identity of those within the 
     Administration who are responsibile for the unauthorized and 
     illegal release of classified information relating to the 
     identity of Valerie Plame or to Ambassador Joe Wilson.

                               H.R. 3289

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 30: Page 49, strike line 1 and all that 
     follows through line 7.

                               H.R. 3289

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 31: Page 30, line 1, after the dollar amount 
     insert ``(reduced by $300,000,000)''.
       Page 33, lines 19 and 20, after each dollar amount insert 
     ``(increased by $300,000,000)''.

                               H.R. 3289

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 32: Page 30, line 5, after the dollar amount 
     insert ``(reduced by $300,000,000)''.
       Page 30, line 10, after the dollar amount insert 
     ``(increased by $300,000,000)''.

                               H.R. 3289

                         Offered By: Mr. Pence

       Amendment No. 33: In the item relating to ``Other Bilateral 
     Economic Assistance--Iraq Relief and Reconstruction Fund--
     (Including Transfers of Funds)'', add at the end before the 
     period the following: ``: Provided further, That 50 percent 
     of the total amount of funds appropriated under this heading 
     shall be withheld from obligation and expenditure until (1) 
     the initial 50 percent of funds appropriated under this 
     heading have been obligated giving priority consideration to 
     the emergency purposes of security, electric sector 
     infrastructure, oil infrastructure, public works, water 
     resources, transportation and telecommunication 
     infrastructures, and other emergency needs, (2) the President 
     prepares and transmits to the Committees on Appropriations of 
     the House of Representatives and the Senate a report in 
     writing that describes the programs, projects, and activities 
     that are or have been financed by such initial funds and 
     includes a detailed analysis of the extent to which such 
     programs, projects, and activities are or have been 
     successful, and (3) the President determines and certifies to 
     Congress that a democratically elected government in Iraq has 
     been established: Provided further, That the remaining 50 
     percent of the total amount of funds appropriated under this 
     heading shall be made available in the form of loans subject 
     to repayment to the United States Government, on terms and 
     conditions determined by the President''.

                               H.R. 3289

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 34: At the end of the bill (before the short 
     title), insert the following new section:

[[Page 24702]]

       Sec. __. None of the funds made available in this Act may 
     be obligated or expended until all Reserve and National Guard 
     personnel are paid in full.

                               H.R. 3289

                        Offered By: Mr. Emanuel

       Amendment No. 35: At the end of the bill (before the short 
     title), insert the following new section:
       Sec. __. (a) New Offense.--
       (1) In general.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following: ``

     ``Sec. 1037. War profiteering and fraud relating to military 
       action, relief, and reconstruction efforts in Iraq

       ``(a) Whoever, in any matter involving a contract or the 
     provision of goods or services, directly or indirectly, in 
     connection with the war, military action, or relief or 
     reconstruction activities in Iraq, knowingly and willfully--
       ``(1) executes or attempts to execute a scheme or artifice 
     to defraud the United States or Iraq;
       ``(2) falsifies, conceals, or covers up by any trick, 
     scheme, or device a material fact;
       ``(3) makes any materially false, fictitious, or fraudulent 
     statements or representations, or makes or uses any 
     materially false writing or document knowing the same to 
     contain any materially false, fictitious, or fraudulent 
     statement or entry; or
       ``(4) materially overvalues any good or service with the 
     specific intent to excessively profit from the war, military 
     action, or relief or reconstruction activities in Iraq;

     shall be fined not more than $1,000,000 or imprisoned not 
     more than 20 years, or both. In lieu of a fine otherwise 
     authorized by this section, a defendant who derives profits 
     or other proceeds from an offense under this section may be 
     fined not more than twice the gross profits or other 
     proceeds.
       ``(b) Extraterritorial Jurisdiction.--There is Federal 
     jurisdiction over an offense under this section regardless of 
     whether the acts constituting the offense occur in the United 
     States.
       ``(c) Venue.--A prosecution for an offense under this 
     section may be brought--
       ``(1) as authorized by chapter 211 of this title;
       ``(2) in any district where any act in furtherance of the 
     offense took place; or
       ``(3) in any district where any party to the contract or 
     provider of goods or services is located.''.
       (2) Conforming amendment.--The table of sections for 
     chapter 47 of title 18, United States Code, is amended by 
     adding at the end the following new item:

``1037. War profiteering and fraud relating to military action, relief, 
              and reconstruction efforts in Iraq.''
       (b) Forfeiture.--Section 981(a)(1)(C) of title 18, United 
     States Code, is amended by inserting after ``1032,'' the 
     following: ``1037,''.
       (c) Money Laundering.--Section 1956(c)(7)(D) of title 18, 
     United States Code, is amended by inserting before ``, 
     section 1111'' the following: ``, section 1037 (relating to 
     war profiteering and fraud relating to military action, 
     relief, and reconstruction efforts in Iraq)''.

                               H.R. 3289

                        Offered By: Mr. Emanuel

       Amendment No. 36: At the end of title II, insert the 
     following new section:

     SEC. 22__. FINANCIAL ASSISTANCE TO STATE AND LOCAL 
                   GOVERNMENTS.

       (a) Payments to State and Local Governments.--There is 
     authorized to be appropriated and is appropriated for making 
     payments under this section to States and local governments, 
     to coordinate budget-related actions by such governments with 
     Federal Government efforts to stimulate economic recovery, an 
     amount equal to at least the total amount appropriated under 
     this Act and under the Emergency Wartime Supplemental 
     Appropriations Act, 2003 (Public Law 108-11) under the 
     heading ``Iraq Relief and Reconstruction Fund''. Such amounts 
     shall be in addition to, and not in lieu of, other amounts 
     appropriated for payments to States and local governments.
       (b) Payments.--
       (1) Fiscal year 2003.--From the amount appropriated under 
     subsection (a) for fiscal year 2003, the Secretary of the 
     Treasury shall, not later than the later of the date that is 
     45 days after the date of enactment of this Act or the date 
     that a State provides the certification required by 
     subsection (e) for fiscal year 2003, pay each State the 
     amount determined for the State for fiscal year 2003 under 
     subsection (c).
       (2) Fiscal year 2004.--From the amount appropriated under 
     subsection (a) for fiscal year 2004, the Secretary of the 
     Treasury shall, not later than the later of October 1, 2003, 
     or the date that a State provides the certification required 
     by subsection (e) for fiscal year 2004, pay each State the 
     amount determined for the State for fiscal year 2004 under 
     subsection (c).
       (c) Payments Based on Population.--
       (1) In general.--Subject to paragraph (2), the amount 
     appropriated under subsection (a) for each of fiscal years 
     2003 and 2004 shall be used to pay each State an amount equal 
     to the relative population proportion amount described in 
     paragraph (3) for such fiscal year.
       (2) Minimum payment.--
       (A) In general.--No State shall receive a payment under 
     this section for a fiscal year that is less than--
       (i) in the case of 1 of the 50 States or the District of 
     Columbia, \1/2\ of 1 percent of the amount appropriated for 
     such fiscal year under subsection (a); and
       (ii) in the case of the Commonwealth of Puerto Rico, the 
     United States Virgin Islands, Guam, the Commonwealth of the 
     Northern Mariana Islands, or American Samoa, \1/10\ of 1 
     percent of the amount appropriated for such fiscal year under 
     subsection (a).
       (B) Pro rata adjustments.--The Secretary of the Treasury 
     shall adjust on a pro rata basis the amount of the payments 
     to States determined under this section without regard to 
     this subparagraph to the extent necessary to comply with the 
     requirements of subparagraph (A).
       (3) Relative population proportion amount.--The relative 
     population proportion amount described in this paragraph is 
     the product of--
       (A) the amount described in subsection (a) for a fiscal 
     year; and
       (B) the relative State population proportion (as defined in 
     paragraph (4)).
       (4) Relative state population proportion defined.--For 
     purposes of paragraph (3)(B), the term ``relative State 
     population proportion'' means, with respect to a State, the 
     amount equal to the quotient of--
       (A) the population of the State (as reported in the most 
     recent decennial census); and
       (B) the total population of all States (as reported in the 
     most recent decennial census).
       (d) Use of Payment.--A State shall use the funds provided 
     under a payment made under this section for a fiscal year 
     only for--
       (1) ordinary and necessary maintenance and operating 
     expenses for--
       (A) primary, secondary, or higher education, including 
     school building renovation;
       (B) public safety;
       (C) public health, including hospitals and public health 
     laboratories;
       (D) social services for the disadvantaged or aged;
       (E) roads, transportation, and water infrastructure; and
       (F) housing;
       (2) ordinary and necessary capital expenditures authorized 
     by law; and.
       (3) costs to the State of complying with any Federal 
     intergovernmental mandate (as defined in section 421(5) of 
     the Congressional Budget Act of 1974) to the extent that the 
     mandate applies to the State, and the Federal Government has 
     not provided funds to cover the costs.
       (e) Certification.--In order to receive a payment under 
     this section for a fiscal year, the State shall provide the 
     Secretary of the Treasury with a certification that the 
     State's proposed uses of the funds are consistent with 
     subsection (d).
       (f) Definition of State.--In this section, the term 
     ``State'' means the 50 States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, the Commonwealth of the Northern Mariana 
     Islands, and American Samoa.
       (g) Wage Rates.--All laborers and mechanics employed by 
     contractors and subcontractors in the performance of 
     construction work financed in whole or in part with 
     assistance received under this section shall be paid wages at 
     rates not less than those prevailing on similar construction 
     in the locality as determined by the Secretary of Labor in 
     accordance with the Act of March 3, 1931 (commonly known as 
     the Davis-Bacon Act; 40 U.S.C. 276a et seq.).
       (h) Availability to Local Governments.--Not less than one-
     third of the amount appropriated pursuant to subsection (a) 
     shall be made available to local governments under the 
     applicable laws of a given State.

                               H.R. 3289

                  Offered By: Mr. Kennedy of Minnesota

       Amendment No. 37: Page 19, after line 20, insert the 
     following new section:
       Sec. __. The Secretary of Defense shall reimburse air fare 
     costs incurred by members of the Armed Forces in connection 
     with travel within the United States while such members are 
     on leave from deployment overseas in support of Operation 
     Iraqi Freedom and Operation Enduring Freedom.

                               H.R. 3289

                         Offered By: Mr. Graves

       Amendment No. 38: At the end of the bill (before the short 
     title), insert the following:

                     TITLE III--GENERAL PROVISIONS

       Sec. 3007.
       (a) Assistance Available.--The Secretary of Agriculture (in 
     this section referred to as the ``Secretary'') shall use not 
     more than $10,000,000 of funds of the Commodity Credit 
     Corporation to make emergency financial assistance available 
     to producers on a farm that have incurred qualifying losses 
     for the 2003 crop of an agricultural commodity due to 
     damaging weather conditions, as determined by the Secretary.
       (b)  Use of Former Administrative Authority.--Except as 
     provided in subsection (c), the Secretary shall make 
     assistance available under subsection (a) in the same

[[Page 24703]]

     manner as provided under section 815 of the Agriculture, 
     Rural Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2001 (Public Law 106-387; 114 
     Stat. 1549A-55), including using the same loss thresholds for 
     quantity and quality losses as were used in administering 
     that section.
       (c) Payment Rate.--The payment rate for a crop for 
     assistance provided under subsection (a) to the producers on 
     a farm shall be calculated as follows:
       (1) If the producers obtained a policy or plan of 
     insurance, including a catastrophic risk protection plan, for 
     the crop under the Federal Crop Insurance Act (7 U.S.C. 1501 
     et seq.), 50 percent of the applicable price for the crop.
       (2) If a policy or plan of insurance, including a 
     catastrophic risk protection plan, for the crop was not 
     available to the producers under the Federal Crop Insurance 
     Act, 50 percent of the applicable price for the crop.
       (3) If the producers did not obtain a policy or plan of 
     insurance, including a catastrophic risk protection plan, 
     available for the crop under the Federal Crop Insurance Act, 
     45 percent of the applicable price for the crop.
       (d) Payment Limitation.--
       (1) Limitation.--Assistance provided under subsection (a) 
     to a producer for losses to a crop, together with the amounts 
     specified in paragraph (2) applicable to the same crop, may 
     not exceed 95 percent of what the value of the crop would 
     have been in the absence of the losses, as estimated by the 
     Secretary.
       (2) Other payments.--In applying the limitation in 
     paragraph (1), the Secretary shall include the following:
       (A) Any crop insurance payment made under the Federal Crop 
     Insurance Act (7 U.S.C. 1501 et seq.) or payment under 
     section 196 of the Federal Agricultural Improvement and 
     Reform Act of 1996 (7 U.S.C. 7333) that the producer receives 
     for losses to the same crop.
       (B) The value of the crop that was not lost (if any), as 
     estimated by the Secretary.
       (e) Ineligibility for Assistance.--The producers on a farm 
     shall not be eligible for assistance under subsection (a) 
     with respect to losses to an insurable commodity or 
     noninsurable commodity if the producers on the farm--
       (1) in the case of an insurable commodity, did not obtain a 
     policy or plan of insurance for the insurable commodity under 
     the Federal Crop Insurance Act for the crop incurring the 
     losses; and
       (2) in the case of a noninsurable commodity, did not file 
     the required paperwork, and pay the administrative fee by the 
     applicable State filing deadline, for the noninsurable 
     commodity under section 196 of the Federal Agriculture 
     Improvement and Reform Act of 1996 for the crop incurring the 
     losses.
       (f) Assistance for Particularly Hard-Hit Area.--The 
     Secretary shall use $10,000,000 of funds of the Commodity 
     Credit Corporation to make a grant to the State of Missouri, 
     subject to the condition that the State, acting through the 
     Missouri Department of Agriculture, use the grant funds to 
     provide assistance to agricultural producers with farming 
     operations in the following counties in Missouri: Andrew, 
     Atchison, Buchanan, Caldwell, Carroll, Chariton, Cooper, 
     Clay, Clinton, Daviess, DeKalb, Gentry, Grundy, Harrison, 
     Holt, Howard, Jackson, Linn, Livingston, Mercer, Nodaway, 
     Platte, Putnam, Schulyer, Sullivan, and Worth.
       (g) Emergency Designation.--The amounts referred to in 
     subsections (a) and (f) are designated by the Congress as an 
     emergency requirement pursuant to section 502 of H. Con. Res. 
     95 (108th Congress), the concurrent resolution on the budget 
     for fiscal year 2004.