[Congressional Record (Bound Edition), Volume 150 (2004), Part 11]
[House]
[Pages 15292-15293]
[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. 4766

                        Offered By Mr. Tancredo

       Amendment No. 15: 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 under 
     the Heading ``Food Stamp Program'' may be expended in 
     contravention of 8 U.S.C. 1183a.

                               H.R. 4766

                         Offered By: Mr. Flake

       Amendment No. 16: Add at the end (before the short title) 
     the following:
       Sec. 7__. None of the funds made available by this Act may 
     be used to pay the salaries and expenses of employees of the 
     Department of Agriculture who make payments from any 
     appropriated funds to tobacco quota holders or producers of 
     quota tobacco pursuant to any law enacted after July 1, 2004, 
     terminating tobacco marketing quotas under part I of subtitle 
     B of title III of the Agricultural Adjustment Act of 1938 and 
     related price support under sections 106, 106A, and 106B of 
     the Agricultural Act of 1949.

                               H.R. 4766

                          Offered By: Mr. Baca

       Amendment No. 17: In title I, under the heading ``Office of 
     the Assistant Secretary for Civil Rights'', insert after the 
     dollar amount the following: ``(increased by $250,000)''.
       In title I, under the headings ``Cooperative State 
     Research, Education, and Extension Service-research and 
     education activities'', insert after the first dollar amount, 
     and after the dollar amount relating to Hispanic-serving 
     Institutions, the following: ``(increased by $1,500,000)''.
       In title I, under the headings ``Cooperative State 
     Research, Education, and Extension Service-extension 
     activities'', insert after the first dollar amount, and after 
     the dollar amount relating to Indian reservation agents, the 
     following: ``(increased by $1,000,000)''.
       In title I, under the headings ``Cooperative State 
     Research, Education, and Extension Service-outreach for 
     socially disadvantaged farmers'', insert after the dollar 
     amount the following: ``(increased by $750,000)''.
       In title III, under the heading ``RURAL DEVELOPMENT--
     Salaries and Expenses'', insert after the dollar amount the 
     following: ``(reduced by $3,500,000)''.

                               H.R. 4766

                         Ofered By: Mr. Weiner

       Amendment No. 18: Page 5, line 15, insert ``(decreased by 
     $19,667,000)'' after the dollar amount.
       Page 18, line 9, insert ``(increased by $19,667,000)'' 
     after the 1st dollar amount.

                               H.R. 4818

                    Offered By: Mr. Deal of Georgia

       Amendment No. 1: At the end of the bill (before the short 
     title), insert the following:


          governments that do not permit certain extraditions

       Sec. 576. None of the funds made available in this Act may 
     be used to provide assistance to the government of any 
     country that does not permit the extradition to the United 
     States, for trial or sentencing in the United States, of 
     individuals suspected of committing criminal offenses for 
     which the maximum penalty is life imprisonment without the 
     possibility of parole, or a lesser term of imprisonment.

                               H.R. 4818

                    Offered By: Mr. Deal of Georgia

       Amendment No. 2: At the end of the bill (before the short 
     title), insert the following:


          governments that do not permit certain extraditions

       Sec. 576. None of the funds made available in this Act may 
     be used to provide assistance to the government of any 
     country with which the United States has an extradition 
     treaty and which does not permit the extradition to the 
     United States, for trial or sentencing in the United States, 
     of individuals suspected of committing criminal offenses for 
     which the maximum penalty is life imprisonment without the 
     possibility of parole, or a lesser term of imprisonment.

                               H.R. 4818

                        offered By: Mr. Emanuel

       Amendment No. 3. At the end of the bill (before the short 
     title), insert the following:


 designation of republic of poland as a program country under the visa 
                             waiver program

       Sec. __. Congress--
       (1) recognizes the importance of designating the Republic 
     of Poland as a program country for purposes of the visa 
     waiver program established under section 217 of the 
     Immigration and Nationality Act; and
       (2) urges the Secretary of Homeland Security and the 
     Secretary of State to assist Poland in reducing its 
     nonimmigrant visa refusal rate so that Poland may qualify for 
     such designation.

                               H.R. 4818

                        Offered By: Mr. Emanuel

       Amendment No. 4: At the end of the bill (before the short 
     title), insert the following:

                      Prohibition of profiteering

       Sec. ___. (a) Prohibition.--(1) Chapter 47 of title 18, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 1038. War profiteering and fraud relating to military 
       action, relief, and reconstruction efforts in Iraq

       ``(a) Prohibition.--
       ``(1) In general.--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--
       ``(A) executes or attempts to execute a scheme or artifice 
     to defraud the United States or Iraq;
       ``(B) falsifies, conceals, or covers up by any trick, 
     scheme, or device a material fact;
       ``(C) 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
       ``(D) 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 under paragraph (2), imprisoned not more than 
     20 years, or both.
       ``(2) Fine.--A person convicted of an offense under 
     paragraph (1) may be fined the greater of--
       ``(A) $1,000,000; or
       ``(B) if such person derives profits or other proceeds from 
     the offense, not more than twice the gross profits or other 
     proceeds.
       ``(b) Extraterritorial Jurisdiction.--There is 
     extraterritorial Federal jurisdiction over an offense under 
     this section.
       ``(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) The table of sections for chapter 47 of title 18, 
     United States Code, is amended by adding at the end the 
     following:

``1038. War profiteering and fraud relating to military action, relief, 
              and reconstruction efforts in Iraq.''.

       (b) Civil Forfeiture.--Section 981(a)(1)(C) of title 18, 
     United States Code, is amended by inserting ``1038,'' after 
     ``1032,''.
       (c) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, 
     United States Code, is amended by striking ``or 1030'' and 
     inserting ``1030, or 1038''.
       (d) Money Laundering.--Section 1956(c)(7)(D) of title 18, 
     United States Code, is amended by inserting the following: 
     ``, section 1038 (relating to war profiteering and fraud 
     relating to military action, relief, and reconstruction 
     efforts in Iraq),'' after ``liquidating agent of financial 
     institution),''.

                               H.R. 4818

                        Offered By: Mr. Emanuel

       Amendment No. 5: At the end of the bill (before the short 
     title), insert the following:


 payments to state and local governments for infrastructure and social 
                             services needs

       Sec. __. (a) Payments to State and Local Governments.--(1) 
     The Secretary of the Treasury shall, in accordance with the 
     provisions of this section, make payments to States and local 
     governments to coordinate budget-related actions by such 
     governments with Federal Government efforts to stimulate 
     economic recovery.
       (2) There is authorized to be appropriated to the Secretary 
     of the Treasury for fiscal year 2005 for payments under this 
     section an amount equal to at least the total amount 
     appropriated for fiscal year 2003 under the heading ``Iraq 
     Relief and Reconstruction Fund'' in the Emergency Wartime 
     Supplemental Appropriations Act, 2003, and any amounts 
     appropriated for such Fund in any subsequent appropriation 
     Act. Such amounts shall be in addition to, and not in lieu 
     of, other amounts appropriated for payments to States and 
     local governments.
       (3) Not less than one-third of the amount appropriated 
     pursuant to the authorization in paragraph (2) shall be made 
     available to local governments under the applicable laws of a 
     given State.
       (b) Allocation.--The Secretary of the Treasury shall 
     establish a formula, within 30 days after the date of the 
     enactment of this Act, for determining the allocation of 
     payments under this section. The formula shall give priority 
     weight to the following factors:

[[Page 15293]]

       (1) The unemployment rate in relation to the national 
     average unemployment rate.
       (2) The duration of the unemployment rate above such 
     average.
       (3) Median income.
       (4) Population.
       (5) The poverty rate.
       (c) Use of Funds by State and Local Governments.--(1) Funds 
     received under this section may be used only for priority 
     expenditures. For purposes of this section, the term 
     ``priority expenditures'' means only--
       (A) ordinary and necessary maintenance and operating 
     expenses for--
       (i) primary, secondary, or higher education, including 
     school building renovation;
       (ii) public safety;
       (iii) public health, including hospitals and public health 
     laboratories;
       (iv) social services for the disadvantaged or aged;
       (v) roads, transportation, and water infrastructure; and
       (vi) housing; and
       (B) ordinary and necessary capital expenditures authorized 
     by law.
       (2) The Secretary of the Treasury may accept a 
     certification by the chief executive officer of a State or 
     local government that the State or local government has used 
     the funds received by it under this section only for priority 
     expenditures, unless the Secretary determines that such 
     certification is not sufficiently reliable to enable the 
     Secretary to carry out this section. The Secretary shall 
     prescribe by rule the time and manner in which the 
     certification must be filed.

                               H.R. 4818

                       Offered By: Mr. Nethercutt

       Amendment No. 6: At the end of the bill (before the short 
     title), insert the following:


  limitation on economic support fund assistance for certain foreign 
    governments that are parties to the international criminal court

       Sec. __. None of the funds made available in this Act in 
     title II under the heading ``economic support fund'' may be 
     used to provide assistance to the government of a country 
     that is a party to the International Criminal Court and has 
     not entered into an agreement with the United States pursuant 
     to Article 98 of the Rome Statute preventing the 
     International Criminal Court from proceeding against United 
     States personnel present in such country.

                               H.R. 4818

                         Offered By: Mr. Hefley

       Amendment No. 7: At the end of the bill (before the short 
     title), insert the following:


               reduction of discretionary appropriations

       Sec. __. Total appropriations made in this Act (other than 
     appropriations required to be made by a provision of law) are 
     hereby reduced by $193,860,000.