The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“AMENDMENTS” mentioning the U.S. Dept of Agriculture was published in the House of Representatives section on pages H9479-H9483 on Oct. 15, 2003.
The publication is reproduced in full below:
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. XX. 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. XX. 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. XX. (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. XX. (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. XX. 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. 22XX. 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. Van Hollen
Amendment No. 11: At the end of the bill (before the short title), insert the following:
Sec. XX. (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.
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. XX. 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. XX. 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. XX. 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:
Sec. XX. 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. XX. (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. 22XX. 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. XX. 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 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.
