[Congressional Record Volume 149, Number 145 (Thursday, October 16, 2003)]
[House]
[Pages H9491-H9508]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   PROVIDING FOR CONSIDERATION OF H.R. 3289, EMERGENCY SUPPLEMENTAL 
 APPROPRIATIONS ACT FOR DEFENSE AND FOR THE RECONSTRUCTION OF IRAQ AND 
                           AFGHANISTAN, 2004

  Mr. HASTING of Washington. Mr. Speaker, by direction of the Committee 
on Rules, I call up House Resolution 396 and ask for its immediate 
consideration.
  The Clerk read the resolution, as follows:

[[Page H9492]]

                              H. Res. 396

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 3289) making emergency supplemental 
     appropriations for defense and for the reconstruction of Iraq 
     and Afghanistan for the fiscal year ending September 30, 
     2004, and for other purposes. The first reading of the bill 
     shall be dispensed with. All points of order against 
     consideration of the bill are waived. General debate shall be 
     confined to the bill and shall not exceed one hour equally 
     divided and controlled by the chairman and ranking minority 
     member of the Committee on Appropriations. After general 
     debate the bill shall be considered for amendment under the 
     five-minute rule. Points of order against provisions in the 
     bill for failure to comply with clause 2 of rule XXI are 
     waived except as follows: beginning with ``Provided'' on page 
     32, line 7, through ``Act):'' on line 20; section 3005; and 
     section 3006. Where points of order are waived against part 
     of a paragraph, points of order against a provision in 
     another part of such paragraph may be made only against such 
     provision and not against the entire paragraph. During 
     consideration of the bill for amendment, the Chairman of the 
     Committee of the Whole may accord priority in recognition on 
     the basis of whether the Member offering an amendment has 
     caused it to be printed in the portion of the Congressional 
     Record designated for that purpose in clause 8 of rule XVIII. 
     Amendments so printed shall be considered as read. At the 
     conclusion of consideration of the bill for amendment the 
     Committee shall rise and report the bill to the House with 
     such amendments as may have been adopted. The previous 
     question shall be considered as ordered on the bill and 
     amendments thereto to final passage without intervening 
     motion except one motion to recommit with or without 
     instructions.

  The SPEAKER pro tempore. The gentleman from Washington (Mr. Hastings) 
is recognized for 1 hour.
  Mr. HASTINGS of Washington. Mr. Speaker, for purposes of debate only, 
I yield the customary 30 minutes to the gentleman from Texas (Mr. 
Frost); pending which I yield myself such time as I may consume. During 
consideration of this resolution, all time yielded is for the purpose 
of debate only.
  (Mr. HASTINGS of Washington asked and was given permission to revise 
and extend his remarks.)
  Mr. HASTINGS of Washington. Mr. Speaker, House Resolution 396 is an 
open rule waiving all points of order against consideration of H.R. 
3289, the Emergency Supplemental Appropriations Act for Defense and the 
Reconstruction of Iraq and Afghanistan, 2004.
  The rule also waives points of order against provisions in the bill 
for failure to comply with clause 2 of rule XXI except as specified in 
the resolution. The rule provides for 1 hour of general debate to be 
equally divided between, and controlled by, the chairman and ranking 
minority member of the Committee on Appropriations.
  In accordance with the rules of the House, the rule provides that the 
bill shall be read by paragraph. The rule also authorizes the Chair to 
accord priority recognition to Members who have preprinted their 
amendments in the Congressional Record.
  Finally, Mr. Speaker, the rule provides for one motion to recommit 
with or without instructions.
  This supplemental appropriations bill, H.R. 3289, was approved and 
reported out of the Committee on Appropriations by a strong bipartisan 
vote, with a majority of Republicans and Democrats on the Committee on 
Appropriations supporting this emergency funding measure.
  The Committee on Appropriations worked diligently to review the 
administration's request; and having personally observed a portion of 
the committee's work, I can attest to the seriousness with which they 
approached their responsibilities.
  The bill provides a total of $86.9 billion in supplemental 
appropriations with $64.7 billion dedicated to our military personnel 
and national defense, $18.6 billion for Iraq relief and reconstruction, 
and $1.2 billion for Afghanistan relief and reconstruction.
  The funding provided in this bill is vital to winning the war on 
terrorism, Mr. Speaker. The bill places a priority on ensuring our men 
and women in uniform receive the support that they need.
  Funding is provided to protect our forces, including increased funds 
for body armor and equipment to jam radio frequencies to better protect 
our soldiers from explosives detonated from afar by cell phones. The 
bill also fully funds hazardous pay and family separation allowances.
  Winning the war on terrorism requires us to ensure that the removal 
of Saddam Hussein from power leads to a free and secure Iraq, and not a 
haven and breeding ground for terrorists.
  The Iraq reconstruction funds provided in this bill are not only an 
investment in building this safe and secure Iraq; it is an investment 
in protecting America and in making Americans safer from terrorists.
  The bill includes a commonsense provision that prohibits the use of 
any of these emergency supplemental funds from being used to pay any of 
Iraq's foreign debts.
  Mr. Speaker, as I stated, this emergency supplemental received strong 
bipartisan support in the Committee on Appropriations. Accordingly, I 
urge my colleagues to support both the rule, House Resolution 396, and 
the underlying bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. FROST asked and was given permission to revise and extend his 
remarks.)
  Mr. FROST. Mr. Speaker, I voted to authorize the war to remove Saddam 
Hussein from power, and I believe we must provide the resources to 
finally finish this war and to ensure Iraq transitions to a stable 
democratic nation. So I anticipate supporting this bill, despite the 
fact that it still asks for too much from U.S. taxpayers while also 
doing too little for U.S. troops.
  President Bush and his administration have created a very difficult 
situation for themselves, for Iraq, and for the United States. So while 
they will likely get the $87 billion they have requested, I personally 
doubt that they will get more for reconstruction in the future, even 
from this fiscally irresponsible Republican Congress, if they continue 
to force American taxpayers to shoulder this burden alone.
  I hope that the Bush administration is finally able to convince our 
allies to share this burden by providing significant financial and 
military help, like the first President Bush did in the first Gulf War, 
and I am frankly mystified that they have failed to get it done so far. 
There is no good reason to force Americans to pay for this 
reconstruction alone or to shift the burden to our children and 
grandchildren by adding its cost to our already monstrous national 
debt.
  Mr. Speaker, the American people are generous, but the United States 
has needs of its own. The Republican Congress refuses to fix our 
crumbling schools or help with sky-high prescription drug prices, and 
too many military families still live in sub-standard housing. If the 
Republicans who control this government can find money to take care of 
Iraq, why will they not take care of our needs here at home?
  Moreover, the Bush administration did not prepare the American people 
for the costly and deadly reconstruction efforts they are now 
witnessing. Many Democrats in Congress repeatedly urged the President 
to be completely forthright with the public and to share his post-war 
plan. Needless to say, the administration did no such thing. Instead, 
they told us not to worry about the post-war plan. And whenever people 
like General Shinseki and Larry Lindsey let slip the truth, that it 
would be very expensive and require lots of troops, they were publicly 
rebuked and then relieved of duty.
  Well, Mr. Speaker, ever since President Bush landed on an aircraft 
carrier and declared the war officially over, the American people have 
seen for themselves the post-war plan he told us not to worry about, 
and the public is worried because they have seen over 180 Americans 
killed in Iraq since President Bush declared victory. And they have 
seen reconstruction costs explode while certain big corporations are 
making massive profits at the expense of the public.
  Mr. Speaker, before the war, the American people were told Iraq was 
an oil-rich country that could fund its own reconstruction. So the 
gentleman from California (Mr. Lantos), the ranking member of the 
Committee on International Relations, will offer an amendment to turn 
this reconstruction gift into a loan so that Iraqis can use their 
future oil wealth to help Americans pay to rebuild the Iraq that Saddam 
Hussein destroyed.

[[Page H9493]]

  Now, for some reason, the Bush administration insists that American 
taxpayers should shoulder this burden alone, so they oppose the Lantos 
amendment. President Bush has even personally lobbied Republicans 
against such a measure.
  Like the gentleman from California (Mr. Lantos), I cannot imagine 
that Iraq's proven oil reserves have disappeared since the war began, 
and I do not understand the administration's opposition to protecting 
American taxpayers. Because the Bush administration is basically saying 
that Iraq oil revenue cannot be used to pay for rebuilding Iraq and 
instead must be used to repay the debts that Saddam Hussein ran up to 
rebuild his war machine.
  The administration is saying that paying off Iraq's debts to 
countries like France and Germany, which opposed our efforts against 
Saddam Hussein, is a better use of American taxpayers' money than 
paying off America's own national debt or investing in priorities like 
education, health care, and the economy. To my mind, Mr. Speaker, this 
is simply wrong.
  But if the Bush administration insists on forcing American taxpayers 
to foot the entire bill for rebuilding Iraq, they should at least pay 
the tab, instead of passing the buck on to our children and 
grandchildren by adding it to our massive national debt.
  Make no mistake, there is a simple way to pay for it. Since President 
Bush took office, he has given massive tax breaks to the very 
wealthiest in this country. If you simply ask those wealthiest few, 
individuals making over $350,000 a year, to take a smaller tax break, 
then you can pay for this entire bill and have some left over for the 
next bill for Iraq.
  That is why the substitute legislation, written by the gentleman from 
Wisconsin (Mr. Obey), the ranking member of the Committee on 
Appropriations, is so important. The Obey amendment provides more 
resources for U.S. troops, $4.6 billion more for priorities like 20,000 
additional U.S. Army soldiers, better health care, and increased 
military family support services. The Obey amendment forces the 
administration to share the financial burdens for rebuilding Iraq by 
working through the World Bank. And instead of passing on the cost to 
our children, the Obey amendment pays for itself by asking the 
wealthiest few individuals, those making over $350,000 a year, to take 
a smaller tax break than the one Republicans have already given them.
  Mr. Speaker, for reasons I cannot explain, the Bush administration 
opposes this reasonable, fiscally-responsible, and pro-defense plan. 
They would force all Americans to sacrifice in the future because 
President Bush will not ask the wealthiest few to take a smaller tax 
break now. They would raise taxes on our children in future years 
because they refuse to ask people making over $350,000 to take a 
smaller tax break.
  Last night in the Committee on Rules, Mr. Speaker, the Republicans 
blocked the Obey amendment, preventing it from even being considered on 
the House floor. As a result, Members of this House have only one way 
to increase help to U.S. troops and relieve the burden on U.S. 
taxpayers, by voting ``no'' on the important parliamentary vote known 
as the previous question.
  If the previous question is defeated, I will amend the rule to allow 
the House to consider the Obey amendment. But if Members vote ``yes'' 
on the previous question, they will be voting to deny the House the 
opportunity to vote on the Obey amendment, and they will be preventing 
the House from helping the taxpayers and the troops today.
  That should not be a difficult decision, Mr. Speaker. So I hope my 
friends on the Republican side of the aisle will not allow blind party 
loyalty to keep them from doing what is right for the country and for 
the American people.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 3 
minutes to the gentleman from Florida (Mr. Keller).
  Mr. KELLER. Mr. Speaker, I thank the gentleman for yielding me this 
time.
  Mr. Speaker, I support this Iraq supplemental because it specifically 
includes language which I insisted on, which prohibits any American 
taxpayer dollars from being used to pay Iraq's foreign debts. Americans 
would be justifiably outraged if a dime of the taxpayer aid requested 
by President Bush allowed Iraq to pay creditors in France, Germany, 
Russia, or Saudi Arabia. I applaud Chairman Young for including this 
language to make sure that does not happen.

                              {time}  1100

  As we move forward, we must do two things. First, while supporting 
President Bush and our troops, we must make sure that other countries 
and the Iraqis themselves contribute substantially to the rebuilding 
effort. Second, we must work toward the day when we can bring our 
troops back home and turn control over to a free Iraq. To achieve this 
mission, Iraqis are creating their own constitution. They are working 
toward free elections next year, and they are training 55,000 of their 
own people to provide their own future security.
  Now in the interest of straight talk, let me squarely address what 
may be the most controversial aspect of this bill, and that is whether 
the money to rebuild Iraq should be in the form of a grant or a loan. 
After personally speaking with Ambassador Paul Bremer yesterday, who 
was kind enough to call me from Baghdad, I decided to support President 
Bush's proposal to make this money available in the form of a grant. 
And let me tell the Members why. The cost of rebuilding Iraq is 
estimated to be $55 billion, and the United States is proposing to 
invest $18.6 billion toward that effort. That means other countries and 
the Iraqi people themselves will be expected to pay two thirds of the 
cost for rebuilding Iraq, which is appropriate.
  Supporting President Bush's proposal to make this money available as 
a grant has two key advantages. First, the conference in Madrid, Spain, 
on October 23 and 24 will remain a donors conference and not turn into 
a lenders conference. And second, Iraq will be in a much better 
position to write off nearly all of their foreign debt incurred by 
Saddam Hussein.
  For these reasons I urge my colleagues to support President Bush and 
vote ``yes'' on the Iraq supplemental and vote ``yes'' on the rule.
  Mr. FROST. Mr. Speaker, I yield 4 minutes to the gentlewoman from New 
York (Ms. Slaughter).
  (Ms. SLAUGHTER asked and was given permission to revise and extend 
her remarks.)
  Ms. SLAUGHTER. Mr. Speaker, I thank the gentleman for yielding me 
this time.
  Mr. Speaker, last spring we appropriated $79 billion, it was just 
this past spring, to fund the war on the reconstruction efforts in 
Iraq. And again the administration is asking us to open up the Federal 
purse and hand over billions more. The Federal Government is already 
facing record deficits, the highest deficits the country has ever 
faced. But the President now wants our permission to charge $18 billion 
more, which would have to be charged, by the way. We have no money to 
pay for that, pay for Iraqi reconstruction on the American credit card. 
What happened to the $79 billion that Congress handed to the 
administration? One might well ask. Why are American soldiers being 
sent into life-threatening situations without the body armor or 
adequate training?
  We do not know the answers to these questions, but we do know the 
conditions in Iraq for our military is shameful. I have received 
volumes of calls and letters from the families of soldiers serving in 
Iraq. They are concerned about their children, their brothers, sisters, 
husbands, and wives suffering from heat exhaustion and dehydration. We 
just heard that they are just now beginning to study the possible 12 
suicides of our service people since they have been in Iraq. Some 
soldiers are rationed only two bottles of water a day despite the 120 
degree weather, and we have been told that they have often had to 
survive on one meal a day.
  I was flying back to D.C. this week to go to work on this 
appropriation. At the airport a TSA official told me of her recent 
assignment at the airport in Baghdad. She, a civilian employee, was 
housed in an air-conditioned trailer; but the U.S. soldiers had no 
relief. She felt so bad for the Army that she would let them sleep on 
the floor of the trailer just to get a little nap and escape the 
sweltering heat.

[[Page H9494]]

  Just this morning, The Washington Post reports that many soldiers 
have very low morale. In fact, a poll was done by ``Stars and Stripes'' 
that says that only half the people in Iraq now think that the morale 
is any good at all; 48, 49 percent say the morale is very low; and the 
same number, about 50 percent of those who are there now, say they will 
not reenlist. They claim that their mission lacks clear definition and 
they characterized the war in Iraq as of little or no value. These are 
the people who are there fighting it. Fully 40 percent said the jobs 
they were doing had little or nothing to do with the training that they 
had received.
  The largest proportion of this appropriation that has been asked for, 
some $60 billion, is for the troops; and they desperately need more. 
They need more water, more food, more adequate shelter, more body armor 
to save their lives, and other essentials. We were also told this week 
that ammunition dumps are all over the country of Iraq where we know 
where they are, but we do not have sufficient troops to guard them. 
These are supporting the ammunition which is being used to shoot at our 
soldiers. These men and women have to be our top priority.
  Congress must demand and receive a full accounting of the reporting 
on the Federal dollars appropriated for our brave troops and for 
rebuilding Iraq. No one has been able to tell us that they know where 
the $79 billion has gone. Congress must demand to receive a full and 
thorough accounting and justification for any Federal taxpayer dollars 
spent anywhere, but it is as part of a contract that did not go through 
a proper competitive bidding process that is particularly egregious. I 
intend to offer an amendment to ensure that Congress receives the 
specific information on no-bid contracts that our oversight duties and 
obligations to our constituents demand.
  Mr. Speaker, I find it odd we cannot find the funds to pay for the 
mandates of No Child Left Behind or fully fund Medicaid or upgrade 
America's electrical grid, but somehow there is money to build schools 
and hospitals and an electrical grid for Iraq. The people of New York 
will pay $1.26 billion of the $18.6 billion to rebuild Iraq. That could 
be used to place almost 150,000 children in Head Start programs.
  This money could also be used to fund healthcare for over 150,000 New 
Yorkers. We cannot forget the great needs at home. If State and local 
governments received matching funds for the $18.6 billion to rebuild 
Iraq, New York State would receive approximately $2 billion in State 
and local government budget relief. That is why I am cosponsoring the 
American Parity amendment.
  Mr. FROST. Mr. Speaker, I yield 4 minutes to the gentleman from 
Massachusetts (Mr. McGovern).
  Mr. McGOVERN. Mr. Speaker, I oppose this rule, and I oppose the 
underlying bill. Our policy toward Iraq is one of the biggest issues 
facing this country today, and every Member of this House deserves an 
opportunity to have their voices heard. Shamefully, the rule before us 
does not meet that standard and should be rejected. I also believe that 
the underlying $87 billion supplemental appropriation bill fails in 
several key areas.
  The administration has not provided an adequate plan for success in 
Iraq. The United States invaded Iraq and now occupies that country. In 
my view, the war was a mistake based on inadequate and shifting 
rationales unsupported by the evidence and damaging to our security at 
home and our standing in the world.
  Having said that, I recognize that we now have a moral obligation 
both to support our troops in the field and to help rebuild Iraq. Our 
soldiers deserve the equipment, training, and supplies they need to 
continue their remarkable work; and the people of Iraq deserve help in 
rebuilding their infrastructure and establishing a democratic society. 
Those are the goals that all of us share, but I have seen nothing from 
this administration that leads me to believe that a plan exists to get 
us there.
  How long will our troops be stationed in Iraq? Why have we not 
successfully reached out to our allies for help? When can we expect the 
security situation to improve on the ground? What is the strategy for 
dealing with increasing ethnic tensions? What is the total price tag of 
our policy? How many more emergency supplemental bills? Has the war 
made us safer? Has it reduced terrorism? These are not trivial matters, 
Mr. Speaker. They are serious and fundamental questions, the answers to 
which will help determine our success or failure in building a more 
stable, more secure world.
  In addition, I am deeply concerned that this bill shortchanges 
important priorities here at home. Yes, we should build schools and 
hospitals and roads and bridges in Iraq, but we should build them in 
this country too. To make matters worse, this bill has no offsets. It 
is not paid for. It will add $87 billion to our national deficit, and 
it passes the cost on to our children and our grandchildren, and that 
is wrong.
  It has been nearly 6 weeks since President Bush made a speech to the 
country requesting the money. I simply cannot believe that in those 6 
weeks given all the smart people we have in this Congress that the 
leadership could not come up with a single offset, a single deferred 
tax break for millionaires, a single corporate loophole to pay for 
this. But, no. Instead, we are going to charge this money on the 
national credit card and send the bill to our kids.
  We are constantly being told that we are at war and that wars demand 
sacrifices. The young men and women who are serving, being attacked and 
in some cases dying in Iraq, are certainly sacrificing. The people in 
the middle class and those trying to get in the middle who rely on 
adequate funding for education, health care, and housing, veterans 
benefits, they are sacrificing. But heaven forbid that we ask the 
Nation's millionaires to defer a small portion of their tax cuts.
  Mr. Speaker, our policy in Iraq is not working. I simply cannot 
support a bill that merely endorses the status quo. We are being asked 
to close our eyes and spend $87 billion on top of the $79 billion that 
we have already spent and that nobody can seem to account for. Right 
now there is a kid from Massachusetts on some corner in Baghdad 
wondering what he is doing there, wondering when he is coming home, 
wondering if he will have a job or health care when he comes back. He 
deserves a voice in this Congress.
  This House spent a grand total of 1 day, 1 day, debating the 
resolution authorizing war. We did not ask the tough questions. We did 
not get straight answers. We abdicated our responsibilities, and we 
must not make the same mistake again. Congress should do its job. We 
need to get this right, to spend this money wisely, not just for the 
future of Iraq but for the future of that young man from Massachusetts, 
his family, the thousands like him serving in Iraq, and the millions of 
Americans here at home.
  Mr. Speaker, I urge my colleagues to oppose this rule and to oppose 
the underlying bill.
  Mr. FROST. Mr. Speaker, I yield 4 minutes to the gentleman from 
Florida (Mr. Hastings).
  Mr. HASTINGS of Florida. Mr. Speaker, I thank my good friend, the 
ranking member, for yielding me this time.
  Mr. Speaker, I rise today in strong opposition to this rule and bill. 
Anyone who has read a newspaper or watched a news program can hardly 
argue that American troops need and deserve additional support. I have 
voiced my support for an amendment to this bill, several as a matter of 
fact, but more specifically one offered by the gentleman from South 
Carolina (Mr. Spratt). That amendment will increase imminent danger and 
hardship duty pay for our military. It would increase the family 
separation allowance and add funding to a program that assists disabled 
service members who are returning to civilian life. The Spratt 
amendment will also eliminate the fees currently charged to 
hospitalized service members and several other vital themes for our 
military. That amendment was not made in order.
  However, because of my support for the members of the armed services, 
I cannot in good conscience vote in favor of this massive supplemental 
blank check, at least not until this administration is forthcoming in 
answering the questions that Congress has asked again and again and 
again. My good friend, the dean of the Florida delegation, the chairman 
of the appropriations committee and my good friend, the ranking member 
of the Committee on Appropriations on yesterday both

[[Page H9495]]

averred that they were unable to answer in detail how 79 billion 
taxpayer dollars are being spent. That is unconscionable, and not to 
mean that we did not have general understanding as to how the money was 
spent; but we as persons with oversight responsibility have a 
responsibility to have a detailed analysis.
  Thirteen months ago when we were debating a resolution on the use of 
U.S. Armed Forces against Iraq, at that time I offered an alternative 
war resolution, one with some definitive conditions. It called on the 
President to provide Congress with a comprehensive plan for the long-
term cultural, economic, and political stabilization in a free Iraq. 
When I presented my resolution, I said, ``The young men and women of 
our Armed Forces are already fighting a war on terrorism. Before we 
expand their role and send them even deeper into harm's way, I want 
assurances that we have a plan for maintaining stability in the region 
once we declare victory.''
  Mr. Speaker, I gave that speech on September 23, 2002. More than a 
year has passed. More than 320 U.S. troops have lost their lives in 
Iraq, and hundreds more have been wounded. I am still waiting for an 
answer. The only thing we have been told by this administration is that 
the next installment, this one, is going to cost American taxpayers $87 
billion.
  We have already seen what happens when we relinquish our oversight 
authority and fail to hold this administration accountable ahead of 
time. There are far too many questions that need to be answered before 
we abrogate our responsibilities to the American taxpayer and simply 
hand over nearly $87 billion. For instance, where is the comprehensive 
strategy that will ensure our goals for the Iraqi people will be met?

                              {time}  1115

  How long will it take to implement that strategy? How much is it 
going to cost the American taxpayer? And, finally, exactly how did this 
administration spend the $79 billion we already appropriated for this 
war? And just how much more are we going to do by way of supplemental 
without benefit of authorization, without benefit of clear 
understanding, without benefit of oversight responsibility.
  Mr. HASTINGS of Washington. Mr. Speaker, I reserve the balance of my 
time.
  Mr. FROST. Mr. Speaker, I yield 7 minutes to the gentleman from 
Wisconsin (Mr. Obey).
  Mr. OBEY. Mr. Speaker, we have previously appropriated almost $80 
billion to deal with the problems in Iraq and now we are being asked to 
provide $87 billion more. We have had no real accounting of how that 
previously appropriated money has been spent, and we certainly have no 
line item information about how the next $87 billion is going to be 
spent. If that is not a blank check, it is certainly a malleable one.
  It seems to me that if the administration wants us to consider their 
aid package today, that we have a right to see to it that we can offer 
on the House floor a responsible, comprehensive alternative. But under 
this rule before us, we are being denied that opportunity. The majority 
Members of this House will say the rule gives us an open rule. That is 
a meaningless comment. Because the key to understanding our problem is 
to understand that the rule waives several of the House rules to enable 
the committee to bring its bill to the floor but then when we want to 
bring a parallel substitute to the floor, they say, ``oh, no, no, no, 
you can't waive those same rules to allow your package to come to the 
floor.'' So that is the way that the majority leadership funnels us 
into a situation where it is either their way or no way. That is not 
the way to unite people in fighting a war.
  What we are asking is to give the minority the same right to offer a 
comprehensive amendment that was given to the minority in the Senate. 
Here is what the amendment would say. The amendment would essentially 
say if this House is hellbent on providing $87 billion, then there is a 
better way to do it.
  If any Member of this House votes for the previous question without 
allowing our amendment to be made in order, that Member will be voting 
to block our efforts to transfer about $4.5 billion of badly-thought-
out reconstruction plans to categories in the budget that would do us a 
whole lot more good.
  Example. We want to do something about the fact that 80 percent of 
American troops in Iraq right now are drinking putrid water, getting 
dysentary. There is absolutely no reason that we should not provide 
clean water to 100 percent of American troops in Iraq. If you vote for 
the previous question, you will be denying us the opportunity to 
correct that. If you vote for the previous question, you will denying 
us the opportunity to provide predeployment health and dental services 
to Guard and Reserve forces who right now have to pay those expenses on 
their own. If you vote for the previous question, you will be blocking 
us from extending postduty health care coverage from the 60 days which 
Guard and Reserve people now have when they are coming off duty to 6 
months. That is what you will be doing. You will also be preventing us 
from providing the money that the Army and the other services asked for 
to refurbish equipment which was worn out or used up in Iraq.
  The Services asked for the full amount that they could spend on that 
over the rest of the year, but the Department slashed those 
recommendations, in my view, in order to hide from the public the full 
cost of reconstituting that equipment which will approach $20 billion 
by the time it is done rather than about the $2 billion asked for by 
the administration.
  If Members vote for the previous question, they will be voting 
against our efforts to relieve pressure on Guard and Reserve forces, 
many of whom have now been told they are going to have to serve an 
extra year. You will prevent us from correcting the mess that we now 
have in our troop rotation schedules. What we try to do to correct 
those items is to recognize the validity of General Shinseki's warning 
when he warned us that we should not follow a 12-division strategy if 
we only had a 10-division Army. So what we do is face up to the need to 
create another division so that you can restore order to the lives of 
Guard and Reserve forces and restore order to the rotation schedule for 
our regular troops.
  If Members vote for the previous question, they will also be 
swallowing, swallowing whole, the administration plans to rely on huge 
contracts with politically well-connected multinational corporations 
rather than relying on more appropriate low-technology contracts with 
indigenous groups within Iraq so that we can put Iraqis to work doing 
something constructive besides shooting Americans.
  If you vote for the previous question, you will be blocking our 
efforts to convert one-half of the reconstruction funds in our package 
to loans by running that portion through the World Bank and having it 
matched by other international contributors. You will also be 
preventing us from insulating those contracts against cronyism if you 
have an agency administering these contracts that is responsive to the 
political appointees at the White House. And, most importantly, if you 
vote for the previous question, you will be blocking our efforts to 
meet our responsibilities to our taxpayers by paying for this adventure 
rather than putting it on the cuff.
  We have got two choices on that score. We can either charge this bill 
to our kids or we can pay for it now.
  There is a whole lot of talk about shared sacrifice on this floor. We 
heard a lot of it last night. I would like to ask who on earth in this 
country is being asked to share the sacrifice except the troops and 
their families? The Guard and Reserve forces right now face a total 
discombobulation of their life. Our regular troops face the same thing. 
They are sacrificing in spades. Yet, if you vote for this previous 
question motion, you will be denying our effort to say there is a 
better way to achieve self-sacrifice.
  What is wrong with asking a millionaire to settle for a $53,000 tax 
cut rather than the $130,000 tax cut they will get absent our 
amendment? Persons in the $50,000 to $75,000 range will get on average 
from all sources perhaps $1,000 if they are lucky under the tax cuts 
now in effect. Persons in the $200,000 to $500,000 range will get 
$2,200. Why shouldn't millionaires be happy with 25 times that amount?
  I ask Members to vote against the previous question to give us a 
chance to offer an amendment that is a truly balanced, comprehensive 
alternative.

[[Page H9496]]

  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 3 
minutes to the gentlewoman from Ohio (Ms. Pryce), a member of the 
Committee on Rules.
  Ms. PRYCE of Ohio. I thank the gentleman for yielding me this time.
  Mr. Speaker, everyone in this Chamber needs to support this important 
funding package. The President made it very clear when he articulated 
his plan to fight the war on terror. In no uncertain terms he declared 
that Iraq is now the central front in this war. The job is only half 
done, though. Terrorists still roam the globe and threats still exist. 
If we leave Iraq now, we essentially allow the country to become a 
terror magnet, a flypaper that attracts terrorists from all over the 
world to its vast deserts and its countless caves. Iraq will become 
their home base as they wage their war against freedom, their war 
against civilization.
  Mr. Speaker, to vote against this funding package and the goals it 
seeks to achieve would be to vote in favor of terror and against 
America's homeland security. It is that critical. This package will 
provide the funds necessary to establish a working society in Iraq. A 
government that is run by free Iraqis is a government that provides 
hope to her people. A free government responds to the wishes and 
desires of those whom it governs. People who live under a responsive 
and fair government have no need for terrorism. They do not experience 
the desperation and destitution that so often are the precursors to a 
life dedicated to terror.
  So, Mr. Speaker, a free Iraq keeps terror out of that country and, 
therefore, out of ours. A free Iraq will send a clear message to people 
of the Middle East and around the world that freedom and democracy, not 
violence and terrorism, are the best paths for the future. Hope and 
stability in Iraq translate into security and peace for Americans here 
at home. We are close. Iraq is experiencing the first fruits of freedom 
and now they must be completely transitioned into a state of stability. 
So far, the coalition provisional authority has made significant 
progress on infrastructure improvements and governmental restructuring. 
All of Iraq's hospitals are now fully functional. Schools are opening 
and running. They are now places for young minds to receive 
information, not indoctrination.
  Colleagues of ours who have been there talk of wheat fields and oil 
fields and cotton fields. This is progress. It is a beautiful picture 
of what comes of our noble pursuit in the fight for freedom and the war 
against terror. But more is needed to secure Iraq to bring our troops 
home soon. The funding in this package will provide the body armor that 
is so essential to protect them from terrorists. It will provide extra 
pay and benefits to the soldiers who are already sacrificing so much on 
our behalf. It will provide our troops the weapons and systems 
necessary to finish the mission we started and get our troops home to 
their families. Finally, this package will effectively help to 
revolutionize Iraq, turning this country from a terrorist breeding 
ground into yet another beacon of democracy in the Middle East. Terror 
will be shunned rather than invited.
  Mr. Speaker, I urge my colleagues to vote in favor of this bill to 
secure America by stabilizing Iraq.
  Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentleman from Texas 
(Mr. Doggett).
  Mr. DOGGETT. Mr. Speaker, to visit an Austin widow with three 
preschool children and no longer a husband is to understand that far 
more than $87 billion is involved in what we do today. We all honor 
those who die for our country. But the question for Congress is whether 
we can pursue a policy that allows more of these brave young Americans 
to live for America.
  We do not have a shortage of money in Iraq. We have a shortage of 
sound thinking and in good planning in pursuit of international 
cooperation in Washington, DC, where we have Washington ideologues 
paired up against courageous young Americans who are fighting for us in 
Iraq.
  Our responsibility in Congress is to ensure that more lives and more 
tax dollars are not squandered as quickly as this Administration 
squandered international goodwill after 9/11. To those in Washington 
who defend this failed policy by saying, ``we have to stand with our 
troops,'' of course, this Administration did not even ask for 
additional spending until last month. Until that point, they told us 
nothing was necessary. Indeed a nonpartisan report released yesterday, 
as reflected in this chart, indicates that if we did not appropriate a 
single cent today, the Army has enough appropriations to last through 
half of next year. This question is not about providing more Kevlar 
vests for our troops. It is about providing ``political Kevlar'' for 
those who want to get through the next election.
  Those who pursued an extreme ideology have reversed 50 years of 
bipartisan American foreign policy in favor of a preemptive war, and 
today a large number of Members of this Congress are going to say 
``no,'' not to our troops, who we stand with and honor, but ``no'' to a 
failed policy. We are going to stand by the courageous young men and 
women in Iraq in uniform, but not with the ideologues in Washington in 
business suits who have failed them with their policies.
  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 3 
minutes to the gentlewoman from Tennessee (Mrs. Blackburn).
  Mrs. BLACKBURN. Mr. Speaker, sometimes I think that too many of us 
are ignoring the big picture during this debate, and sometimes we lose 
sight of what this money will mean, not only to America but for the 
entire world.

                              {time}  1130

  I have got an article off of CNN.com that just came out that shows 
that Damascus even ended up voting for the Security Council resolution 
this morning. They want stability, they want security.
  There is another part of this debate that we get caught up in. We all 
agree that the $66 billion portion of the supplemental is absolutely 
critical for our troops, for their well-being as they are defending 
freedom. The debate that we have set about today and through the past 
couple of weeks, not only as a legislative body but as a people, has 
really focused on the remaining $18.6 billion of the appropriation.
  Let me put it this way: In my district, one of the things we have 
talked about is that the $66 billion is for the military, and that 
$18.6 billion that is for reconstruction, that is for you, Mr. Speaker, 
it is for me. That $18.6 billion is for every single American man, 
woman and child who never, ever, wants to see another September 11 take 
place. It is for every American who understands that we have an 
opportunity, a very unique opportunity, to help reshape a region of the 
world that has been a breeding ground for hatred and for terrorism.
  I have visited with my constituents at Fort Campbell, people that 
have family members deployed over there. I have stood on the tarmac to 
shake the hands of the men and women that are returning from over 
there. These are people that are on the front lines and they understand 
what is at stake, and they have told me that they think it would be a 
mistake to withdraw now; if we choose to leave, we will have done a 
tremendous disservice to our children, to our country; that the work 
there that we are doing is an investment in making the world a safer 
place.
  I am going to be going to Iraq this month because I want to see the 
progress that we have made there. I want to see it with my own eyes. I 
want to thank our men and women in uniform, and I want to let the Iraqi 
people know we understand that they will be an important and valuable 
ally in our war on terrorism, but only if we do what is right and 
necessary for the future and for our kids' futures by providing a 
critical investment in that country.
  We can talk all day about domestic needs and different needs and all 
sorts of programs that are great programs, but there will never be an 
end to these, and it is necessary that we fight the war on terrorism.
  Mr. Speaker, I ask my colleagues to step back, take another look at 
the bigger picture, to support this.
  Mr. FROST. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I appreciate the former 
speaker's comments, but I rise today to oppose the rule and the 
underlying bill, because I think the very thoughtful

[[Page H9497]]

amendment of the gentleman from Wisconsin (Mr. Obey) should have had a 
full discussion on the floor of the House.
  Maybe we have not listened to the words of the administration. I do 
not believe that $20 billion is for any one of you in America. It 
actually is undermining the needs of Americans with Medicare and 
Medicaid and jobs.
  Secretary Rumsfeld said just a few weeks ago, ``If you worry about 
just the cost, the money, Iraq is a very different situation from 
Afghanistan. Iraq has oil. They have financial resources.'' But yet we 
find the administration coming and asking us for $20 billion.
  There is no reason to vote for this supplemental under the guise of 
supporting troops, when our troops do not have the armor, they do not 
have the water, they do not have the right kind of equipment.
  I would say to this body, it is imperative that you use your 
oversight responsibilities to stand with the troops, to make sure that 
they have the number of troops so they can be refreshed and cycled back 
home. You have troops on the frontline that I have met this weekend in 
the Mideast who told me that they have been there for 6 and 7 and 8 
months and nobody will tell them when they can go home.
  I am going to stand for the troops today. Vote against this ill-
fated, misdirected $87 billion, because the administration does not 
know what they are talking about.
  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 3 
minutes to the gentleman from Georgia (Mr. Kingston), a member of the 
Committee on Appropriations.
  Mr. KINGSTON. Mr. Speaker, I thank the gentleman for yielding, and I 
stand in support of the rule and support of the emergency supplemental 
bill.
  Here is what it does. It does four very important things.
  Number one, it supports our troops. We have troops on the ground. We 
need to support them. Republicans in Congress supported President 
Clinton when he had, I think, something like over 30 deployments. I 
hope that the Democrats will support our President by supporting the 
troops and put aside partisan differences in support of this bill for 
our troops on the ground.
  The second thing it does is it supports freedom in Iraq. There are 
those on the left who truly believe that this war was such a mistake 
that the people of Iraq were better off under Saddam Hussein, even 
after we found jet airplanes that were buried, even after they violated 
17 UN resolutions, even after we found something like hundreds of 
thousands of mass graves. There are people in America, liberals on the 
left, who believe that Iraq was better off before we got there. This 
bill supports their freedom.
  The third thing it does, it helps them begin reconstruction. It is 
going to cost about $150 billion to rebuild this country. This bill has 
a little bit over $18 billion to get that started. It is a grant, it is 
not a loan. The reason is we want other nations around the globe to 
step forward and pull out their checkbooks. There will be meetings 
coming up in the next month to try to urge them to do that. If we start 
off by saying we are going to lend you this money, Iraq will never be 
rebuilt.
  Think about the great strides that have already taken place. 
Electricity and water in 80 percent of the country. Health care, $200 
million has already been spent, compared to $13 million spent 
previously under Saddam Hussein. Newspapers, 150 newspapers are up and 
being published in Iraq every day. Police forces in the municipalities 
have already been trained, some are up and going and some are on line 
to come. Those are steps of great progress. That is why this 
reconstruction effort cannot stop midstream.
  Finally, the fourth and final thing this bill does is it brings 
security to the people of the United States and all over the world. 
What if we had left Saddam Hussein in charge in Iraq? What if all this 
saber rattling to the terrorist organizations of the world was for 
naught? What if we just wanted to continue with the rhetoric, as 
opposed to action? We would just be sitting, waiting, counting the 
clock for another 9/11. It still could happen, but it is not going to 
be the same world as it would have been if we had just sat back and 
said, well, America likes to run its mouth, but not have action.
  This bill today and our war effort helps bring peace and stability to 
the world, and we cannot afford to stop with the job half done. Please 
vote for the rule and the bill.
  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 5 
minutes to the gentleman from Mississippi (Mr. Wicker), a member of the 
Committee on Appropriations.
  Mr. WICKER. Mr. Speaker, I thank my friend for yielding me time.
  Mr. Speaker, I rise in support of the rule and of the underlying 
legislation, and I rise to observe, first of all, that there are at 
least four different points of view being expressed in the debate 
leading up to this vote that we will have either today or tomorrow.
  First of all, there are those who feel that the military action 
against Saddam Hussein was the right thing to do and that we should 
stay the course.
  Secondly, there are those who never supported the President's action 
and see no need to support him now.
  Then there are those who disagree with what we did in Iraq, but also 
realize that we have an obligation, having gone in, to bring stability 
to the region.
  Finally, there is at least a fourth group, Mr. Speaker, who were 
happy to pay for the war, to appropriate funds for the bombs and tanks 
and ammunition and for our troops, but who are suddenly taken by 
surprise to learn that we must now spend money to protect the peace.
  I find myself in the first group, those who support President Bush's 
action in Iraq and who realize how important it is now to do what is 
necessary to win the peace.
  I firmly believe that the United States of America did the right 
thing in removing Saddam Hussein. It has cost us the lives and health 
of hundreds of young Americans, to be sure. It is costing our taxpayers 
billions of dollars, but it is worth the cost.
  When we consider the history of Saddam Hussein, his torture and 
cruelty, his use of weapons of mass destruction in previous wars, his 
repeated defiance of the United Nations, and when we learn what has 
already been uncovered since our military offensive, then it becomes 
clearer and clearer that this Congress and this President made the 
right decision.
  Contrary to the initial media analysis of the Iraq Survey Group on 
weapons of mass destruction, the report of Dr. David Kay details 
discoveries of dozens of WMD-related activities, including significant 
amounts of equipment that Iraq concealed from the United Nations, a 
secret network of laboratories, strains of biological organisms hidden 
in a scientist's home, plans and advance designs for new long-range 
missiles, and details of secret negotiations with North Korea to secure 
technology to develop ballistic missiles, cruise missiles and other 
military equipment. I believe these findings provide strong 
justification for our military action.
  Finally, it bothers me to hear some of my colleagues refer to the $18 
billion in Iraqi reconstruction as an outright gift to Iraq. On the 
contrary, Mr. Speaker, whether in the form of a loan or an outright 
grant, these are taxpayer dollars being spent in the U.S. national 
interest. Some Americans will be employed using these dollars. There is 
an element of altruism and charity involved, to be sure, but these 
reasons are secondary. The principal reason we are appropriating these 
reconstruction dollars is that they will be used to protect our troops 
as long as they have to be over there and to provide electricity, 
water, public safety and other infrastructure so that Iraq can have 
stability and so that our troops do not have to go back and win this 
war yet another time.
  Mr. Speaker, today is a day when we will be called upon to make some 
tough votes, votes which may not be politically popular at first blush, 
votes which may require some explaining, but which we are fully able to 
explain and justify. That is one definition of leadership.
  President Bush is providing strong national and international 
leadership. I believe the actions he has taken and that this Congress 
will take this week are the best chance for a true and lasting 
resolution to the Iraqi situation, and, in the long run, will provide 
enormous dividends in our continuing struggle against world terrorism.

[[Page H9498]]

  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 2 
minutes to the gentlewoman from Michigan (Mrs. Miller).
  Mrs. MILLER of Michigan. Mr. Speaker, today we are debating an issue 
that has tremendous consequences, certainly for America, for Iraq, for 
the entire world. After the absolutely horrific attacks on our Nation 
of the 9/11, I think the al Qaeda thought America would respond by 
perhaps shooting off a few cruise missiles and go right back to our 
couches watching the football games. They calculated that Americans 
would not have the political will to respond; that we would be afraid 
that if we did respond, that terrorists might ratchet up their attacks 
against us.
  Well, they calculated wrong. They seriously underestimated the 
resolve of the American people, and they most certainly did not 
understand an American President who was not afraid, who was willing to 
take the fight to them. They never expected Afghanistan, and they 
certainly never expected Iraq.
  Today, we have successfully removed the regimes of both the Taliban 
and of Saddam Hussein, and, as we continue to successfully prosecute 
the war on terror, as we liberate millions of people, as we continue to 
export freedom and democracy and liberty across the world, the burden 
is on us to recognize that we are at a pivotal moment in world history, 
that we face the task of either stabilizing and ensuring a free Iraq, a 
democratic Iraq, or not. We need to decide if this war was truly about 
liberation and not occupation, or let the enemies of freedom point to 
the United States and say, see, they never really meant it, that this 
really was about the oil after all, anyway.

                              {time}  1145

  Conflict with Saddam was never optional; it was only a matter of 
when. And if we would have waited, the cost would surely be higher, 
both in terms of dollars as well as in terms of human life.
  Our mission in Iraq has been incredibly successful, and that success 
has translated in mitigation against future terrorist attacks whose 
cost cannot be calculated. Today, the entire world watches this vote, 
and the citizens of the world will be trying to decipher the message 
that we are sending.
  I say the message that we should send is that America is there to 
help. America will not cut and run. America is serious about assisting 
them to build their own democracy.
  The world is watching us now. We must not fail.
  Pass the supplemental.
  Mr. HASTINGS of Washington. Mr. Speaker, I would advise my friend 
from Texas (Mr. Frost) that we just have one more speaker, so if he 
wants to close.
  The SPEAKER pro tempore (Mr. Thornberry). The gentleman from Texas is 
recognized for 2\1/2\ minutes.
  Mr. FROST. Mr. Speaker, I yield myself the balance of the time.
  I would like to make a clarification for the record. In the report to 
accompany this rule, I am recorded as having voted ``aye'' to report 
the resolution. However, the fact is that I was recorded as having 
voted ``no'' on the motion to report.
  The report submitted by the majority to the Government Printing 
Office makes clear that I did indeed vote ``no'' on that motion. But 
because GPO made an error and recorded me as an ``aye'' vote, the 
Committee on Rules majority has asked for a star print of the committee 
report which will correct the record. However, since this report is now 
available publicly, I wanted to state for the record that I voted 
``no'' on the motion to report.
  Mr. Speaker, I urge Members to oppose the previous question. If the 
previous question is defeated, I will offer an amendment to the rule. 
The amendment will give Members an opportunity to vote on the Obey 
substitute which will help the troops, would require accountability, 
and will pay for that bill.
  Last night, the Republican leadership instructed Republicans on the 
Committee on Rules to vote against allowing the House to consider this 
substantive alternative to the committee bill. Voting for the previous 
question will deny the whole House the opportunity to debate important 
questions that the Republican leadership in the House do not want to 
air.
  Mr. Speaker, the Obey amendment provides desperately needed funding 
for the many overlooked and severely underfunded areas that threaten 
our troops in Iraq and Afghanistan. The amendment will reduce total 
reconstruction funds by $4.6 billion and use it instead to provide 
desperately needed protection for our soldiers in the field and to help 
ease the difficulties these brave men and women face every day.
  It will provide funds to repair and replace military equipment. It 
will allow the Army to increase the number of active duty troops to 
ease the burden on those currently deployed. It will provide funds for 
water purification, predeployment health and dental screening, and 
extension of Guard and Reserve health benefits.
  That is not all this amendment will do. It will also pay for this 
bill so our children will not be burdened with its staggering costs for 
years to come. We can pay off this enormous IOU simply by eliminating 
the Bush tax break for the wealthy 1 percent of Americans with annual 
incomes in excess of $350,000. Our troops make huge sacrifices every 
day; I think the wealthy can do their part too.
  It is very disturbing that the Republican leadership of the House 
would deny Members an opportunity to vote on an amendment to improve 
the conditions faced daily by our troops.
  Mr. Speaker, I want to make something very clear. A ``no'' vote will 
not, I repeat will not, prevent us from voting on this supplemental. 
But a ``no'' vote will allow Members to vote to better protect our 
troops who are risking their lives every day in Iraq and Afghanistan. A 
``no'' vote on the previous question is a vote for our troops, and I 
urge each and every Member of this body to stand up and do the right 
thing by these men and women who are on the front lines.
  At this point, Mr. Speaker, I ask unanimous consent to insert the 
text of the amendment and a description of the amendment immediately 
prior to the vote.
  Vote ``no'' on the previous question so we can have an opportunity to 
vote on the Obey substitute.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield the 
balance of our time to the distinguished chairman of the Committee on 
Rules, the gentleman from California (Mr. Dreier).
  The SPEAKER pro tempore. The gentleman from California is recognized 
for 9\1/2\ minutes.
  (Mr. DREIR asked and was given permission to revise and extend his 
remarks.)
  Mr. DREIER. Mr. Speaker, I just said that I am not planning to use 
the 9\1/2\ minutes.
  First of all, let me thank my friend, the gentleman from Washington 
(Mr. Hastings), and the gentleman from Texas (Mr. Frost) for ably 
managing this measure; and I am glad we were able to correct the record 
for the gentleman from Texas (Mr. Frost) on his vote last night. But I 
am proud of the fact that he did indicate and he does plan at the end 
of the day to vote in support of this measure.
  The reason is because it struck me, a friend of mine the other day 
stopped me and said, how in the world can you be supportive of our 
troops and not be supportive of this package, which my friend from 
Mississippi and my friend from Georgia earlier both said is very 
important to defend and protect our troops. So at the end of the day, 
it is my hope that we will be able to continue this strong bipartisan 
spirit in passing this measure, which is so, so critical, not only for 
the protection of our troops, but for the stabilization of the region.
  The President has, I think, made a very strong and effective case 
that if we look at neighboring countries in that very troubled region 
of the world, bringing about a free, democratically elected leadership 
in Iraq will go a long way towards encouraging the kind of positive 
moves that we need throughout that part of the world and, frankly, in 
other parts of the world. The President, the other night, reminded a 
group of us to look at Kim Jong-il in North Korea and realize that he 
poses a great threat. But the fact that he now knows

[[Page H9499]]

that behind diplomatic words from the United States of America stands 
strength is an important signal to him and any others who are not 
considered to be friendly towards the United States.
  I urge strong support of this rule and, of course, before that, 
passage of the previous question.
  My good friend, the gentleman from Wisconsin (Mr. Obey), the ranking 
member of the Committee on Appropriations, has, on a regular basis, 
come before the Committee on Rules on appropriations measures; and, in 
fact, on seven of the 10 measures which we have reported out of the 
Committee on Rules on appropriations, he has made a request similar to 
the one that he is making on this supplemental appropriations bill. I 
respect him for proceeding with it, and I admire his tenacity; but I 
think that he understands that it would require a waiver which would 
move into the jurisdiction of the Committee on Ways and Means, and so 
this is nongermane.
  The structure around which we will be considering this is an open 
rule. It is an open amendment process; and it is what the Democrats, 
when they were in the majority, used as the normal consideration for 
appropriations, the structure for consideration on appropriations 
bills; and it is what we have done, Mr. Speaker. I believe that it is 
proper for us to do that.
  Any amendment that any Member wants to offer that complies with the 
rules of the House will be in order, and that is why we are going to 
have a very full day ahead of us with, I am sure, a lot of different 
amendments offered. So we have provided protection for the bill and not 
made in order these other amendments which do, as I say, violate the 
rules of the House.
  The proposal that the gentleman from Wisconsin (Mr. Obey) has, while 
an interesting one, as I said, would, I believe, have a very 
deleterious effect on the small business sector of our economy.
  Mr. Speaker, we are very, very gratified that the tax and economic 
growth package that we worked so hard on and passed out of this House 
was a bipartisan measure and passed the other body, and we got the 
President's signature on it; and we are already beginning to see the 
benefits of that. We have seen improvements take place in markets. We 
have seen a lot of very, very clear benefits. One of my colleagues 
earlier today was talking about increased earning reports from a number 
of large companies; and if we look at the proposal that the gentleman 
from Wisconsin (Mr. Obey) has that he would like to have made in order, 
if we were to, in fact, defeat the previous question, it would have a 
very negative effect on that important small business sector of our 
economy. I know we talk about people in upper income levels, but we 
have to realize the tremendous numbers of those who are small business 
men and women, the backbone of our economy, where 95 percent of the 
creativity emanates from.
  So that is why I believe it is important for us to make sure that we 
pass the previous question, pass this rule, and then move ahead with 
what will be a very interesting debate; and at the end of the day, at 
the end of the day, I hope and pray that we will have strong bipartisan 
support, so that we can stand behind our troops, so that we will be 
able to do the kinds of things that can bring about the goals that we 
all, in a bipartisan way, share for the people of Iraq.
  The amendment previously referred to by Mr. Frost is as follows:

       At the end of the resolution add the following new 
     sections:
       ``Sec. 2 Notwithstanding any other provision of this 
     legislation, before consideration of any other amendment it 
     shall be in order to consider the amendment specified in 
     section 3 of this resolution, which may be offered only by 
     Representative Obey or his designee, shall be considered as 
     read, shall be debatable for one hour equally divided and 
     controlled by the proponent and an opponent and shall not be 
     subject to amendment in the House or in the Committee of the 
     Whole. All points of order against such amendment are waived.
       Sec. 3. The amendment referred to in section 2 of this 
     resolution is as follows:
       Strike all after the enacting clause and insert the 
     following:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2004, and for other purposes, namely:

                       TITLE I--NATIONAL SECURITY

                               CHAPTER 1

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $12,188,870,000: 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.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $816,100,000: 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.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $753,190,000: 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.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $3,384,700,000: 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.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $24,355,664,000: 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.

                    Operation and Maintenance, Navy


                     (including transfer of funds)

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $1,934,058,000, of which up to $80,000,000 may be 
     transferred to the Department of Homeland Security for Coast 
     Guard Operations: Provided, That the entire 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.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $1,198,981,000: 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.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $5,598,368,000: 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.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $4,485,452,000, of which--
       (1) not to exceed $15,000,000 may be used for the CINC 
     Initiative Fund account, to be used primarily in Iraq and 
     Afghanistan; and
       (2) not to exceed $1,300,000,000, to remain available until 
     expended, may be used, notwithstanding any other provision of 
     law, for payments to reimburse Pakistan, Jordan, and other 
     key cooperating nations, for logistical and military support 
     provided, or to be provided, to United States military 
     operations in connection with military action in Iraq and the 
     global war on terrorism: Provided, That such payments may be 
     made in such amounts as the Secretary of Defense, with the 
     concurrence of the Secretary of State, and in consultation 
     with the Director of the Office of Management and Budget, may 
     determine, in his discretion, based on documentation 
     determined by the Secretary of Defense to adequately account 
     for the support provided, and such determination is final and 
     conclusive upon the accounting officers of the United States, 
     and 15 days following notification to the appropriate 
     congressional committees: Provided further, That the 
     Secretary of Defense shall provide quarterly reports to the 
     Committees on Appropriations on the use of these funds:

     Provided further, That the entire 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.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $16,000,000: 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.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $53,000,000: Provided, That such amount 
     is

[[Page H9500]]

     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.

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $214,000,000: 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.

             Overseas Humanitarian, Disaster, and Civic Aid

       For an additional amount for ``Overseas Humanitarian, 
     Disaster, and Civic Aid'', $35,500,000: 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.

                           Iraq Freedom Fund


                     (including transfer of funds)

       For ``Iraq Freedom Fund'', $1,988,600,000, to remain 
     available for transfer until September 30, 2005, for the 
     purposes authorized under this heading in Public Law 108-11: 
     Provided, That the Secretary of Defense may transfer the 
     funds provided herein to appropriations for military 
     personnel; operation and maintenance; Overseas Humanitarian, 
     Disaster, and Civic Aid; procurement; military construction; 
     the Defense Health Program; and working capital funds: 
     Provided further, That funds transferred shall be merged with 
     and be available for the same purposes and for the same time 
     period as the appropriation or fund to which transferred: 
     Provided further, That this transfer authority is in addition 
     to any other transfer authority available to the Department 
     of Defense: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation: 
     Provided further, That the Secretary of Defense shall, not 
     fewer than 5 days prior to making transfers from this 
     appropriation, notify the congressional defense committees of 
     any such transfer: Provided further, That the Secretary shall 
     submit a report no later than 30 days after the end of each 
     fiscal quarter to the congressional defense committees 
     summarizing the details of the transfer of funds from this 
     appropriation: Provided further, That the entire 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.

                              PROCUREMENT

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $101,600,000, to remain 
     available until September 30, 2006: 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.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $1,250,287,000, to remain available until September 30, 2006: 
     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.

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $158,600,000, to remain available until September 30, 
     2006: 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.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $76,357,000, to remain available until September 30, 2006: 
     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.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $123,397,000, to remain available until September 30, 2006: 
     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.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $53,972,000, to remain available until September 30, 
     2006: 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.

                     Missile Procurement, Air Force

       For an additional amount for ``Missile Procurement, Air 
     Force'', $20,450,000, to remain available until September 30, 
     2006: 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.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $3,418,006,000, to remain available until September 
     30, 2006: 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.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $418,635,000, to remain available until September 30, 2006: 
     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.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $34,000,000, to remain available 
     until September 30, 2005: 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.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $39,070,000, to remain available 
     until September 30, 2005: 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.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $195,817,000, to remain 
     available until September 30, 2005: 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.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For an additional amount for ``Defense Working Capital 
     Funds'', $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.

                     National Defense Sealift Fund

       For an additional amount for ``National Defense Sealift 
     Fund'', $24,000,000, to remain available until expended: 
     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.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $658,380,000 for Operation and maintenance: 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.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (including transfer of funds)

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $73,000,000: Provided, 
     That these funds may be used for such activities related to 
     Afghanistan: Provided further, That the Secretary of Defense 
     may transfer the funds provided herein only to appropriations 
     for military personnel; operation and maintenance; 
     procurement; and research, development, test and evaluation: 
     Provided further, That the funds transferred shall be merged 
     with and be available for the same purposes and for the same 
     time period, as the appropriation to which transferred: 
     Provided further, That the transfer authority provided in 
     this paragraph is in addition to any other transfer authority 
     available to the Department of Defense: Provided further, 
     That the entire 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.

                            RELATED AGENCIES

               Intelligence Community Management Account


                      (including transfer of funds)

       For an additional amount for ``Intelligence Community 
     Management Account'', $21,500,000, to remain available until 
     September 30, 2005; of which $3,000,000 may be transferred to 
     and merged with the Department of Energy, ``Other Defense 
     Activities'', and $15,500,000 may be transferred to and 
     merged with the Federal Bureau of Investigation, ``Salaries 
     and Expenses'': 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 H9501]]

                    GENERAL PROVISIONS--THIS CHAPTER


                          (transfer of funds)

       Sec. 1101. Upon his determination that such action is 
     necessary in the national interest, the Secretary of Defense 
     may transfer between appropriations up to $3,000,000,000 of 
     the funds made available to the Department of Defense in this 
     chapter: Provided, That the Secretary shall notify the 
     Congress promptly of each transfer made pursuant to this 
     authority: Provided further, That the transfer authority 
     provided in this section is in addition to any other transfer 
     authority available to the Department of Defense: Provided 
     further, That the authority in this section is subject to the 
     same terms and conditions as the authority provided in 
     section 8005 of the Department of Defense Appropriations Act, 
     2004, except for the fourth proviso: Provided further, That 
     the entire 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.
       Sec. 1102. Funds appropriated in this Act, or made 
     available by the transfer of funds in or pursuant to this 
     Act, for intelligence activities are deemed to be 
     specifically authorized by the Congress for purposes of 
     section 504 of the National Security Act of 1947 (50 U.S.C. 
     414).
       Sec. 1103. Sections 1318 and 1319 of the Emergency Wartime 
     Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 
     Stat. 571), shall remain in effect during fiscal year 2004.-
       Sec. 1104. From October 1, 2003, through September 30, 
     2004, (a) the rates of pay authorized by section 310(a) of 
     title 37, United States Code, shall be $225; and (b) the 
     rates of pay authorized by section 427(a)(1) of title 37, 
     United States Code, shall be $250.
       Sec. 1105. (a) Defense Emergency Response Fund Close-Out 
     Authority.--Section 1313 of the Emergency Wartime 
     Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 
     Stat. 569), is amended by inserting ``unobligated'' before 
     ``balances''.
       (b) Accounts Chargeable.--Effective November 1, 2003, 
     adjustments to obligations that before such date would have 
     been properly chargeable to the Defense Emergency Response 
     Fund shall be charged to any current appropriation account of 
     the Department of Defense available for the same purpose.
       Sec. 1106. During the current year, funds made available in 
     this Act to the Department of Defense for operation and 
     maintenance may be used, notwithstanding any other provision 
     of law, to provide supplies, services, transportation, 
     including airlift and sealift, and other logistical support 
     to coalition forces supporting military and stability 
     operations in Iraq: Provided, That the Secretary of Defense 
     shall provide quarterly reports to the congressional defense 
     committees regarding support provided under this section.
       Sec. 1107. Notwithstanding any other provision of law, from 
     funds made available in this Act to the Department of Defense 
     under ``Operation and Maintenance, Defense-Wide'', not to 
     exceed $100,000,000 may be used by the Secretary of Defense, 
     with the concurrence of the Secretary of State, to provide 
     assistance only to the New Iraqi Army and the Afghan National 
     Army to enhance their capability to combat terrorism and to 
     support U.S. military operations in Iraq and Afghanistan: 
     Provided, That such assistance may include the provision of 
     equipment, supplies, services, training and funding: Provided 
     further, That the authority to provide assistance under this 
     section is in addition to any other authority to provide 
     assistance to foreign nations: Provided further, That the 
     Secretary of Defense shall notify the congressional defense 
     committees not less than 15 days before providing assistance 
     under the authority of this section: Provided further, That 
     the entire 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.
       Sec. 1108. None of the funds provided in this chapter may 
     be used to finance programs or activities denied by Congress 
     in fiscal year 2004 appropriations to the Department of 
     Defense or to initiate a procurement or research, 
     development, test and evaluation new start program without 
     prior notification to the congressional defense committees.
       Sec. 1109. In addition to amounts made available elsewhere 
     in this Act, there is hereby appropriated to the Department 
     of Defense $413,300,000, to be used only for recovery and 
     repair of damage due to natural disasters including Hurricane 
     Isabel, to be distributed as follows:
       ``Operation and Maintenance, Army'', $73,600,000;
       ``Operation and Maintenance, Navy'', $126,400,000;
       ``Operation and Maintenance, Marine Corps'', $9,200,000;
       ``Operation and Maintenance, Air Force'', $201,900,000; and
       ``Other Procurement, Air Force'', $2,200,000:

     Provided, That the entire 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.
       Sec.  1110. During the current fiscal year, from funds made 
     available in this Act to the Department of Defense for 
     operation and maintenance, not to exceed $180,000,000 may be 
     used, notwithstanding any other provision of law, to fund the 
     Commander's Emergency Response Program, established by the 
     Administrator of the Coalition Provisional Authority for the 
     purpose of enabling military commanders in Iraq to respond to 
     urgent humanitarian relief and reconstruction requirements 
     within their areas of responsibility by carrying our programs 
     that will immediately assist the Iraqi people, and to 
     establish and fund a similar program to assist the people of 
     Afghanistan: Provided, That the Secretary of Defense shall 
     provide quarterly reports, beginning on January 15, 2004, to 
     the congressional defense committees regarding the source of 
     funds and the allocation and use of funds made available 
     pursuant to the authority provided in this section.
       Sec. 1111. Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report describing 
     an Analysis of Alternatives for replacing the capabilities of 
     the existing Air Force fleet of KC-135 tanker aircraft.
       Sec. 1112. (a) Providing Medical and Dental Screening for 
     Reservists Called to Active Duty.--Section 1074a of title 10, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(f)(1) At any time after the Secretary concerned notifies 
     members of the Ready Reserve that the members are to be 
     called or ordered to active duty, the administering 
     Secretaries may provide to each such member any medical and 
     dental screening and care that is necessary to ensure that 
     the member meets the applicable medical and dental standards 
     for deployment.
       ``(2) The Secretary concerned shall promptly transmit to 
     each member of the Ready Reserve eligible for screening and 
     care under this subsection a notification of eligibility for 
     such screening and care.
       ``(3) A member provided medical or dental screening or care 
     under paragraph (1) may not be charged for the screening or 
     care.
       ``(4) Screening and care may not be provided under this 
     section after September 30, 2004.''.
       (b) Appropriation.--In addition to amounts appropriated or 
     otherwise made available in this or any other Act, 
     $40,000,000 is hereby appropriated to the Department of 
     Defense under the heading ``Defense Health Program'' only for 
     covering the costs of reservists medical and dental screening 
     and care. 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.
       Sec. 1113. (a) Extending Transitional Health Care Benefits 
     for Reservists.--Subject to subsection (b), during the period 
     beginning on the date of the enactment of this Act and ending 
     on September 30, 2004, section 1145(a) of title 10, United 
     States Code, shall be administered by substituting for 
     paragraph (3) the following:
       ``(3) Transitional health care for a member under 
     subsection (a) shall be available for 180 days beginning on 
     the date on which the member is separated from active 
     duty.''.
       (b) Applicability.--(1) Subsection (a) shall apply with 
     respect to separations from active duty that take effect on 
     or after the date of the enactment of this Act.
       (2) Beginning on October 1, 2004, the period for which a 
     member is provided transitional health care benefits under 
     section 1145(a) of title 10, United States Code, shall be 
     adjusted as necessary to comply with the limits provided 
     under paragraph (3) of such section.
       (c) Appropriation.--In addition to amounts appropriated or 
     otherwise made available in this or any other Act, 
     $60,000,000 is hereby appropriated to the Department of 
     Defense under the heading ``Defense Health Program'' only for 
     covering the costs of extending transitional health care 
     benefits for reservists. 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.
       Sec. 1114. (a) Increase in Support for Reserve and National 
     Guard Family Assistance Centers.--In addition to any other 
     amounts appropriated in this or any other Act for fiscal year 
     2004, $50,000,000 is hereby appropriated to the Department of 
     Defense for operation and maintenance for fiscal year 2004, 
     as follows:
       (1) For the Army Reserve, $4,000,000.
       (2) For the Army National Guard, $42,000,000.
       (3) For the Air National Guard, $2,000,000.
     The the entire 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.
       (b) Availability.--Amounts appropriated pursuant to 
     subsection (a) shall be available only for family assistance 
     centers.
       Sec. 1115. Permanent Elimination of Subsistence Fee for 
     Members Hospitalized for Wounds Received While in Combat or 
     Training.--Subsection (c) of section 1075 of title 10, United 
     States Code (as added by section 8146(a)(2) of the Department 
     of Defense Appropriations Act, 2004 (Public Law 108-87)), is 
     repealed.
       Sec. 1116. (a) Prepaid Phone Cards for Members Deployed in 
     Combat Zone.--Beginning on the first day of the first month 
     following the date of the enactment of this Act, the 
     Secretary of Defense shall establish and implement a program 
     to provide prepaid phone cards to members of the Armed Forces

[[Page H9502]]

     stationed outside the United States who are directly 
     supporting military operations in a combat zone. The value of 
     the benefit shall be at least $50 per month per person.
       (b) Telephone and Internet Service for Members Deployed in 
     Combat Zone.--To the maximum extent practicable, the 
     Secretary should seek to provide free telephone and Internet 
     access to members of the Armed Forces stationed outside the 
     United States who are directly supporting military operations 
     in a combat zone.
       (c) Appropriation.--In addition to amounts appropriated or 
     otherwise made available in this or any other Act, 
     $65,000,000 is hereby appropriated to the Department of 
     Defense only for covering the costs of providing telephone 
     and Internet service to members of the United States Armed 
     Services in Iraq and Afghanistan. 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.
       Sec. 1117. (a) Government-Paid Travel Under Rest and 
     Recuperation Leave Program for Members Serving One Year or 
     More In-Theatre.--In the case of a member of the Armed Forces 
     serving outside of the United States for a period of one year 
     or more who is granted rest and recuperative leave, and 
     provided the travel and transportation allowances authorized 
     by section 411c(a) of title 37, United States Code, in 
     connection with that leave, the Secretary of Defense shall 
     also pay the member for transportation, or provide 
     transportation for the member, between--
       (1) the locations specified in paragraph (1) or (2) of such 
     section; and
       (2) the permanent duty station of the member, the home of 
     record of the member, or other location in the United States 
     or overseas approved by the Secretary.
       (b) Applicability.--Subsection (a) shall apply with respect 
     to travel beginning on or after the date of the enactment of 
     this Act in connection with rest and recuperative leave 
     described in subsection (a).
       (c) Appropriation.--In addition to amounts appropriated or 
     otherwise made available in this or any other Act, 
     $50,000,000 is hereby appropriated to the Department of 
     Defense only for covering the costs of providing 
     transportation for service to members of the United States 
     Armed Services in Iraq and Afghanistan on rest and 
     recuperation leave. 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.
       Sec. 1118. Providing Essential Goods and Services for 
     Troops.--Of amounts appropriated under the heading 
     ``Operation and Maintenance, Army'' in this Act, $40,500,000 
     shall be made available only for providing essential goods 
     and services to the military exchange services.
       Sec. 1119. (a) Military Campaign Medals To Recognize 
     Service in Operation Enduring Freedom and Operation Iraqi 
     Freedom.--The President shall establish a campaign medal 
     specifically to recognize service by members of the Armed 
     Forces in Operation Enduring Freedom and a separate campaign 
     medal specifically to recognize service by members of the 
     Armed Forces in Operation Iraqi Freedom.
       (b) Eligibility.--Subject to such limitations as may be 
     prescribed by the President, eligibility for a campaign medal 
     established pursuant to subsection (a) shall be set forth in 
     uniform regulations to be prescribed by the Secretaries of 
     the military departments and approved by the Secretary of 
     Defense or in regulations to be prescribed by the Secretary 
     of Homeland Security with respect to the Coast Guard when it 
     is not operating as a service in the Navy.
       Sec. 1120. (a) Enhanced Transition Assistance for Disabled 
     Servicemembers Returning to Civilian Life.--In addition to 
     amounts appropriated in this or any other Act, $50,000,000 is 
     appropriated for the Disabled Transition Assistance Program, 
     in addition to any other amounts available for that program. 
     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.
       (b) Use of Appropriated Amounts.--Amounts appropriated 
     pursuant to subsection (a) shall be used to increase the 
     number of personnel within the Department of Veterans Affairs 
     and the Department of Defense assigned as case managers and 
     discharge planners with responsibility for managing the case 
     of a member of the Armed Forces who is very seriously ill, or 
     seriously ill.
       Sec. 1121. Increase for Reconstituting the Military 
     Forces.--In addition to amounts appropriated in this or any 
     other Act, the sum of $3,126,400,000 is appropriated only for 
     the maintenance, repair, replacement, or reconstitution of 
     weapon systems and equipment used in Operation Iraqi Freedom 
     and Operation Enduring Freedom, to be distributed to the 
     following accounts and in the following amounts:
       (1) ``Operation and Maintenance, Army'', $323,700,000;
       (2) ``Operation and Maintenance, Navy'', $861,000,000;
       (3) ``Aircraft Procurement, Army'', $467,100,000;
       (4) ``Procurement of Weapons and Tracked Combat Vehicles, 
     Army'', $129,200,000;
       (5) ``Other Procurement, Army'', $329,700,000;
       (6) ``Aircraft Procurement, Navy'', $61,000,000;
       (7) ``Procurement, Marine Corps'', $220,400,000;
       (8) ``Aircraft Procurement, Air Force'', $146,300,000;
       (9) ``Missile Procurement, Air Force'', $33,000,000; and
       (10) ``Other Procurement, Air Force'', $555,000,000:

     Provided, That the entire 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.
       Sec. 1122. Increase in Army Manpower End-Strength Level.--
     Notwithstanding the limitations set forth in Section 691 of 
     title 10 United States Code, as amended by Public Law 107-314 
     (116 Stat. 2524), the number of members of the Army on active 
     duty at the end of fiscal year 2004 shall not be less than 
     500,000: Provided, That in addition to amounts appropriated 
     in this or any other Act, $1,000,000,000 is hereby 
     appropriated to the Department of Defense, to be allocated as 
     follows:
       (1) ``Military Personnel, Army'', $600,000,000; and
       (2) ``Operation and Maintenance, Army'', $400,000,000:

     Provided further, That the entire 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

                               CHAPTER 2

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

                      Military Construction, Army

       For an additional amount for ``Military Construction, 
     Army'', $364,100,000, to remain available until September 30, 
     2008: Provided, That notwithstanding any other provision of 
     law, such funds may be obligated or expended to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law: Provided further, 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.

                      Military Construction, Navy

       For an additional amount for ``Military Construction, 
     Navy'', $45,530,000, to remain available until September 30, 
     2008: Provided, That notwithstanding any other provision of 
     law, such funds may be obligated or expended to carry out 
     military construction projects not otherwise authorized by 
     law: Provided further, 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.

                    Military Construction, Air Force

       For an additional amount for ``Military Construction, Air 
     Force'', $292,550,000, to remain available until September 
     30, 2008: Provided, That notwithstanding any other provision 
     of law, such funds may be obligated or expended to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law: Provided further, 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.

             Family Housing Operation and Maintenance, Army

       For an additional amount for ``Family Housing Operation and 
     Maintenance, Army'', $8,151,000: 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.

    Family Housing Operation and Maintenance, Navy and Marine Corps

       For an additional amount for ``Family Housing Operation and 
     Maintenance, Navy and Marine Corps'', $6,280,000: 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.

          Family Housing Operation and Maintenance, Air Force

       For an additional amount for ``Family Housing Operation and 
     Maintenance, Air Force'', $6,981,000: 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.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 1201. (a) Temporary Authority To Use Operation and 
     Maintenance Funds for Military Construction Projects.--During 
     fiscal year 2004, the Secretary of Defense may use this 
     section as authority to obligate appropriated funds available 
     for operation and maintenance to carry out a construction 
     project outside the United States that the Secretary 
     determines meets each of the following conditions:
       (1) The construction is necessary to meet urgent military 
     operational requirements of a temporary nature involving the 
     use of the Armed Forces in support of Operation Iraqi Freedom 
     or the Global War on Terrorism.
       (2) The construction is not carried out at a military 
     installation where the United

[[Page H9503]]

     States is reasonably expected to have a long-term presence.
       (3) The United States has no intention of using the 
     construction after the operational requirements have been 
     satisfied.
       (4) The level of construction is the minimum necessary to 
     meet the temporary operational requirements.
       (b) Limitation on Use of Authority.--The total cost of the 
     construction projects carried out under the authority of this 
     section using, in whole or in part, appropriated funds 
     available for operation and maintenance shall not exceed 
     $500,000,000 in fiscal year 2004.
       (c) Quarterly Report.--(1) Not later than 30 days after the 
     end of each fiscal-year quarter of fiscal year 2004, the 
     Secretary of Defense shall submit to the congressional 
     committees specified in subsection (e) a report on the 
     worldwide obligation and expenditure during that quarter of 
     appropriated funds available for operation and maintenance 
     for construction projects.
       (2) The report shall include with regard to each project 
     the following:
       (A) Certification that the conditions specified in 
     subsection (a) are satisfied with regard to the construction 
     project.
       (B) A description of the purpose for which appropriated 
     funds available for operation and maintenance are being 
     obligated.
       (C) Relevant documentation detailing the construction 
     project.
       (D) An estimate of the total cost of the construction 
     project.
       (E) The total amount obligated for the construction project 
     as of the date of the submission of the report.
       (d) Relation to Other Authorities.--The temporary authority 
     provided by this section, and the limited authority provided 
     by section 2805(c) of title 10, United States Code, to use 
     appropriated funds available for operation and maintenance to 
     carry out a construction project are the only authorities 
     available to the Secretary of Defense and the Secretaries of 
     the military departments to use appropriated funds available 
     for operation and maintenance to carry out construction 
     projects.
       (e) Congressional Committees.--The congressional committees 
     referred to in this section are the following:
       (1) The Committee on Armed Services and the Subcommittees 
     on Defense and Military Construction of the Committee on 
     Appropriations of the Senate.
       (2) The Committee on Armed Services and the Subcommittees 
     on Defense and Military Construction of the Committee on 
     Appropriations of the House of Representatives.

                               CHAPTER 3

                    DEPARTMENT OF HOMELAND SECURITY

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                       United States Coast Guard


                           Operating Expenses

       For an additional amount for ``Operating Expenses'', 
     $23,183,000 for costs related to Hurricane Isabel damage: 
     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.

    TITLE II--IRAQ AND AFGHANISTAN RECONSTRUCTION AND INTERNATIONAL 
                               ASSISTANCE

                               CHAPTER 1

                         Department of Justice

                            Legal Activities

                        General Legal Activities

       For necessary expenses for ``Salaries and Expenses, General 
     Legal Activities'', $15,000,000: 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.

                 Department of State and Related Agency

                          Department of State

                   Administration of Foreign Affairs

                    Diplomatic and Consular Programs


                         (including rescission)

       For necessary expenses for ``Diplomatic and Consular 
     Programs'', $156,300,000, of which $35,800,000 shall remain 
     available until expended. Of the funds appropriated under 
     this heading in the Emergency Wartime Supplemental 
     Appropriations Act, 2003, $35,800,000 are rescinded. Each 
     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

            Embassy Security, Construction, and Maintenance

       For necessary expenses for ``Embassy Security, 
     Construction, and Maintenance'', $43,900,000, to remain 
     available until expended: 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.

           Emergencies in the Diplomatic and Consular Service


                     (including transfer of funds)

       For necessary expenses for ``Emergencies in the Diplomatic 
     and Consular Service'', $50,000,000, to remain available 
     until expended, which may be transferred to, and merged with, 
     the appropriations for ``Diplomatic and Consular Programs'': 
     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.

                      International Organizations

        Contributions for International Peacekeeping Activities

       For necessary expenses for ``Contributions for 
     International Peacekeeping Activities'', $245,000,000, to 
     remain available until expended: 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.

                             Related Agency

                    Broadcasting Board of Governors

                 International Broadcasting Operations

       For necessary expenses for ``International Broadcasting 
     Operations'', for activities related to the Middle East 
     Television Network broadcasting to Iraq, $40,000,000: 
     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.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 2101. Funds appropriated under this chapter for the 
     Broadcasting Board of Governors and the Department of State 
     may be obligated and expended notwithstanding section 313 of 
     the Foreign Relations Authorization Act, Fiscal Years 1994 
     and 1995, and section 15 of the State Department Basic 
     Authorities Act of 1956, as amended.

                               CHAPTER 2

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

           United States Agency for International Development

   Operating Expenses of the United States Agency for International 
                              Development

       For necessary expenses for ``Operating Expenses of the 
     United States Agency for International Development'', 
     $40,000,000, for direct support of operations in Afghanistan, 
     to remain available until September 30, 2005: 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.

                  Other Bilateral Economic Assistance

                  Iraq Relief and Reconstruction Fund


                     (including transfers of funds)

       For necessary expenses to carry out the purposes of the 
     Foreign Assistance Act of 1961, for security, relief, 
     rehabilitation and reconstruction in Iraq, $14,031,000,000, 
     to remain available until September 30, 2005, to be allocated 
     as follows: $2,104,000,000 for security and law enforcement; 
     $1,081,000,000 for justice, public safety infrastructure, and 
     civil society; $3,735,000,000 for the electric sector; 
     $1,800,000,000 for oil infrastructure; $3,507,000,000 for 
     water resources and sanitation; $500,000,000 for 
     transportation and telecommunications; $185,000,000 for 
     roads, bridges, and construction; $793,000,000 for health 
     care; $73,000,000 for private sector development; and 
     $253,000,000 for education, refugees, human rights, 
     democracy, and governance: Provided, That the President may 
     reallocate up to 10 percent of any of the preceding 
     allocations, except that the total for the allocation 
     receiving such funds may not be increased by more than 20 
     percent: Provided further, That such reallocations shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations and section 634A of the Foreign 
     Assistance Act of 1961 and notifications shall be transmitted 
     at least 15 days in advance of the obligation of funds: 
     Provided further, That an annual spending plan for 
     reconstruction programs under the preceding allocations, 
     including project-by-project detail, shall be submitted by 
     the President to the Committees on Appropriations not later 
     than January 1, 2004, and shall be updated and submitted 
     every 180 days thereafter: Provided further, That funds 
     appropriated under this heading shall be apportioned only to 
     the Coalition Provisional Authority in Iraq, the Department 
     of State, the Department of Health and Human Services, the 
     Department of Treasury, the Department of Defense, and the 
     United States Agency for International Development: Provided 
     further, That upon a determination that all or part of the 
     funds so transferred from this appropriation are not 
     necessary for the purposes provided herein, such amounts may 
     be transferred back to this appropriation: Provided further, 
     That of the amount appropriated in this paragraph, not less 
     than $35,000,000 shall be made available for administrative 
     expenses of the Department of State Bureau of International 
     Narcotics and Law Enforcement Affairs and the United States 
     Agency for International Development for support of the 
     reconstruction activities in Iraq: Provided further, That up 
     to 1 percent of the amount appropriated in this paragraph may 
     be transferred to ``Operating Expenses of the Coalition 
     Provisional Authority'', and that any such transfer shall be 
     in accordance with the regular notification procedures of the 
     Committees on Appropriations and section 634A of the

[[Page H9504]]

     Foreign Assistance Act of 1961: Provided further, That 
     contributions of funds for the purposes provided herein from 
     any person, foreign government, or international 
     organization, may be credited to this Fund and used for such 
     purposes: Provided further, That the Committees on 
     Appropriations shall be notified quarterly of any collections 
     pursuant to the previous proviso: Provided further, That the 
     Coalition Provisional Authority shall work, in conjunction 
     with relevant Iraqi officials, to ensure that a new Iraqi 
     constitution preserves full rights to religious freedom: 
     Provided further, That, notwithstanding any other provision 
     of law, 10 percent of the total amount of funds apportioned 
     to the United States Agency for International Development 
     under this heading that are made available on a subcontract 
     basis shall be reserved for contracts with small business 
     concerns, including small business concerns owned and 
     controlled by veterans, small business concerns owned and 
     controlled by service-disabled veterans, HUBZone small 
     business concerns, small business concerns owned and 
     controlled by socially and economically disadvantaged 
     individuals, and small business concerns owned and controlled 
     by women (as such terms are defined for purposes of the Small 
     Business Act): Provided further, That the entire 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.

       Operating Expenses of the Coalition Provisional Authority

       For necessary expenses of the Coalition Provisional 
     Authority in Iraq, established pursuant to United Nations 
     Security Council resolutions including Resolution 1483, for 
     personnel costs, transportation, supply, equipment, 
     facilities, communications, logistics requirements, studies, 
     physical security, media support, promulgation and 
     enforcement of regulations, and other activities needed to 
     oversee and manage the relief and reconstruction of Iraq and 
     the transition to democracy, $858,000,000, to remain 
     available until September 30, 2005: 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.

                         Economic Support Fund

       For necessary expenses for ``Economic Support Fund'', 
     $872,000,000, to remain available until December 31, 2004: 
     Provided, That not less than $672,000,000 is available only 
     for accelerated assistance for Afghanistan: Provided further, 
     That not to exceed $30,000,000 may be used for activities 
     related to disarmament, demobilization, and reintegration of 
     militia combatants, including registration of such 
     combatants, notwithstanding section 531(e) of the Foreign 
     Assistance Act of 1961: Provided further, That not to exceed 
     $2,000,000 may be used to provide additional policy experts 
     in Afghan ministries and that not more than five senior 
     advisors to the United States Ambassador may be deployed in 
     Afghanistan: Provided further, That not less than $17,250,000 
     is available only for security requirements that directly 
     support United States and Coalition personnel who are 
     implementing assistance programs in Afghanistan, including 
     the provision of adequate dedicated air transport and support 
     for civilian personnel at provincial reconstruction team 
     sites: Provided further, That upon the receipt by the Speaker 
     of the House of Representatives and the President of the 
     Senate of a determination by the President that the 
     Government of Pakistan is fully cooperating with the United 
     States in the global war on terrorism, not to exceed 
     $200,000,000 appropriated under this heading may be used for 
     the costs, as defined in section 502 of the Congressional 
     Budget Act of 1974, of modifying direct loans and guarantees 
     for Pakistan: Provided further, That amounts that are made 
     available under the previous proviso for the cost of 
     modifying direct loans and guarantees shall not be considered 
     ``assistance'' for the purposes of provisions of law limiting 
     assistance to a country: Provided further, That the entire 
     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.

              International Disaster and Famine Assistance


                     (including transfers of funds)

       For necessary expenses for International Disaster and 
     Famine Assistance utilizing the general authorities of 
     section 491 of the Foreign Assistance Act of 1961, to respond 
     to or prevent unforeseen complex foreign crises, especially 
     in Sudan and Liberia, $100,000,000, and by transfer not to 
     exceed 1 percent of the funds appropriated under any other 
     heading in this chapter, to remain available to the Secretary 
     of State until September 30, 2005: Provided, That funds 
     appropriated under this heading may be made available only 
     pursuant to a determination by the President, after 
     consultation with the appropriate congressional committees, 
     that it is in the national interest and essential to efforts 
     to reduce international terrorism to furnish assistance on 
     such terms and conditions as he may determine for such 
     purposes, including support for peace and humanitarian 
     intervention operations: Provided further, That none of these 
     funds shall be available to respond to natural disasters: 
     Provided further, That funds made available under this 
     heading to respond to or prevent unforeseen complex foreign 
     crises shall be subject to the regular notification 
     procedures of the Committees on Appropriations: Provided 
     further, That the entire 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.

                          Department of State

          International Narcotics Control and Law Enforcement

       For necessary expenses for ``International Narcotics 
     Control and Law Enforcement'', $170,000,000, to remain 
     available until December 31, 2004, for accelerated assistance 
     for Afghanistan: 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.

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

       For necessary expenses for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'', $35,000,000, for 
     accelerated assistance for Afghanistan: 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.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President

                   Foreign Military Financing Program

       For necessary expenses for the ``Foreign Military Financing 
     Program'', $297,000,000, for accelerated assistance for 
     Afghanistan: 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.

                        Peacekeeping Operations

       For necessary expenses for ``Peacekeeping Operations'', 
     $50,000,000, to support the global war on terrorism: 
     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.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 2201. None of the funds appropriated by this Act or 
     any unexpended funds provided in Public Law 108-11 may be 
     used to repay, in whole or in part, principal or interest on 
     any loan or guarantee agreement entered into by the 
     Government of Iraq with any private or public sector entity 
     including with the government of any country (including any 
     agency of such government or any entity owned in whole or in 
     part by the government of such country) or with any 
     international financial institution, prior to May 1, 2003: 
     Provided, That for the purpose of this section, the term 
     ``international financial institution'' shall mean those 
     institutions contained in section 530(b) of division E of 
     Public Law 108-7.
       Sec. 2202. (a) Competition in Contracting for the 
     Reconstruction of Infrastructure in Iraq.--Notwithstanding 
     any other provision of law, none of the funds appropriated by 
     this Act under the heading ``Iraq Relief and Reconstruction 
     Fund'' and made available under the same heading in Public 
     Law 108-11 may be used to enter into any Federal contract 
     (including any follow-on contract) unless--
       (1) the contract is entered into in accordance with title 
     III of the Federal Property and Administrative Services Act 
     (41 U.S.C. 251 et seq.); and
       (2) in any case in which procedures other than competitive 
     procedures are to be used to enter into such a contract--
       (A) if such procedures are to be used by reason of the 
     application of a paragraph (other than paragraph (2)) under 
     section 303(c) of such Act (41 U.S.C. 253(c)), the head of 
     the executive agency entering into the contract shall submit 
     to the committees described in subsection (b), not later than 
     7 calendar days before award of the contract--
       (i) notification of the use of such other procedures; and
       (ii) the justification for such use; and
       (B) if such procedures are to be used by reason of the 
     application of paragraph (2) of section 303(c) of such Act 
     (41 U.S.C. 253(c)(2)), the head of the executive agency 
     entering into the contract shall submit to the committees 
     described in subsection (b), not later than 7 calendar days 
     after approval of the justification for the use of such other 
     procedures under section 303(f)(1)(B) of the Federal Property 
     and Administrative Services Act of 1949 (41 U.S.C. 
     253(f)(1)(B))--
       (i) notification of the use of such other procedures; and
       (ii) the justification for such use
       (b) Committees.--The committees referred to in subsection 
     (a)(2) are--
       (1) the Committees on Government Reform, on International 
     Relations, and on Appropriations of the House of 
     Representatives; and
       (2) the Committees on Governmental Affairs, on Foreign 
     Relations, and on Appropriations of the Senate.
       (c) Applicability.--This section shall not apply to 
     contracts entered into before the date of the enactment of 
     this Act or after September 30, 2010.
       (d) GAO Report on Noncompetitive Contracting.--The 
     Comptroller General shall submit a report to the appropriate 
     committees on a quarterly basis on the contracts awarded 
     under procedures other than competitive procedures that were 
     subject to the

[[Page H9505]]

     notification requirements of paragraph (a). Such review shall 
     include an evaluation of the reasons for using other than 
     competitive procedures and an evaluation of the selection 
     procedures used to make final contract awards.
       Sec. 2203. (a) Public Disclosure of Noncompetitive 
     Contracting for the Reconstruction of Infrastructure in 
     Iraq.--
       (1) Publication and public availability.--The head of an 
     executive agency of the United States that enters into a 
     contract for assistance for Iraq, using funds described in 
     paragraph (3), through the use of procedures other than 
     competitive procedures shall publish in the Federal Register 
     or Commerce Business Daily and otherwise make available to 
     the public, not later than 5 days before the date on which 
     the contract is entered into, except in the case of urgent 
     and compelling contracts issued pursuant to paragraph (2) of 
     section 303(c) of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 253(c)(2)), the following 
     information:
       (A) The amount of the contract.
       (B) A brief description of the scope of the contract.
       (C) A discussion of how the executive agency identified, 
     and solicited offers from, potential contractors to perform 
     the contract, together with a list of the potential 
     contractors that were issued solicitations for the offers.
       (D) The justification and approval documents (as required 
     under section 303(f)(1) of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)) on 
     which was based the determination to use procedures other 
     than competitive procedures.
       (2) Funds.--The funds referred to in paragraph (1) are--
       (A) any funds available to carry out sections 103 through 
     106 and chapter 4 of part II of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2151b-2151d; 2346 et seq.); and
       (B) any funds appropriated by Public Law 108-11 under the 
     heading ``Iraq Relief and Reconstruction Fund'' (in chapter 5 
     of title I; 117 Stat. 573).
       (3) Applicability.--Paragraph (1) shall not apply to 
     contracts entered into before the date of the enactment of 
     this Act or after September 30, 2010.
       (b) Classified Information.--
       (1) Authority to withhold.--The head of an executive agency 
     may--
       (A) withhold from publication and disclosure under 
     subsection (a) any document that is classified for restricted 
     access in accordance with an Executive order in the interest 
     of national defense or foreign policy; and
       (B) redact any part so classified that is in a document not 
     so classified before publication and disclosure of the 
     document under subsection (a).
       (2) Availability to congress.--In any case in which the 
     head of an executive agency withholds information under 
     paragraph (1), the head of such executive agency shall make 
     available an unredacted version of the document containing 
     that information to the chairman and ranking member of each 
     of the following committees of Congress:
       (A) The Committee on Governmental Affairs of the Senate and 
     the Committee on Government Reform of the House of 
     Representatives.
       (B) The Committees on Appropriations of the Senate and 
     House of Representatives.
       (C) Each committee that the head of the executive agency 
     determines has legislative jurisdiction for the operations of 
     such department or agency to which the information relates.
       (c) Relationship to Other Disclosure Laws.--Nothing in this 
     section shall be construed as affecting obligations to 
     disclose United States Government information under any other 
     provision of law.
       (d) Definitions.--In this section, the terms ``competitive 
     procedures'' and ``executive agency'' have the meanings given 
     such terms in section 4 of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403).
       Sec. 2204. Section 1503 of Public Law 108-11 is amended--
       (1) by striking ``equipment'' and inserting in lieu thereof 
     ``equipment, including equipment''; and
       (2) by striking ``2004'' and inserting in lieu thereof 
     ``2005''.
       Sec. 2205. Section 1504 of Public Law 108-11 is amended by 
     striking ``controlled'' and inserting ``or small arms 
     controlled''.
       Sec. 2206. Section 202(b) of the Afghanistan Freedom 
     Support Act of 2002 (Public Law 107-327) is amended by 
     striking ``$300,000,000'' and inserting in lieu thereof 
     ``$450,000,000''.
       Sec. 2207. (a) Until January 2005, the Coalition 
     Provisional Authority (CPA) shall, on a monthly basis, submit 
     a report to the Committees on Appropriations and 
     International Relations of the House of Representatives and 
     the Committees on Appropriations and Foreign Relations of the 
     Senate that details, for the preceding month, Iraqi oil 
     production and oil revenues, and uses of such revenues.
       (b) The first report required by subsection (a) shall be 
     submitted not later than 30 days after enactment of this Act.
       (c) The reports required by this section shall also be made 
     publicly available, including through the CPA's Internet 
     website.
       Sec. 2208. Any reference in this chapter to the ``Coalition 
     Provisional Authority in Iraq'' shall be deemed to include 
     any successor United States Government entity with the same 
     or substantially the same authorities and responsibilities as 
     the Coalition Provisional Authority in Iraq.
       Sec. 2209. Assistance or other financing under chapter 2 of 
     this title may be provided for Iraq and Afghanistan 
     notwithstanding any other provision of law not contained in 
     this Act that restricts assistance to foreign countries and 
     section 660 of the Foreign Assistance Act of 1961: Provided, 
     That funds made available for Iraq pursuant to this section 
     shall be subject to the regular reprogramming notification 
     procedures of the Committees on Appropriations and section 
     634A of the Foreign Assistance Act of 1961, except that 
     notification shall be transmitted at least 5 days in advance 
     of obligation.
       Sec. 2210. Funds made available in chapter 2 of this title 
     are made available notwithstanding section 10 of Public Law 
     91-672 and section 15 of the State Department Basic 
     Authorities Act of 1956, as amended.
       Sec. 2211. Notwithstanding any other provision of law, the 
     Overseas Private Investment Corporation is authorized to 
     undertake any program authorized by title IV of the Foreign 
     Assistance Act of 1961 in Iraq: Provided, That funds made 
     available pursuant to the authority of this section shall be 
     subject to the regular reprogramming notification procedures 
     of the Committees on Appropriations.
       Sec. 2212. (a) Report on Military Operations and 
     Reconstruction Efforts in Iraq and Afghanistan.--The 
     President shall prepare and transmit to Congress on a 
     quarterly basis, beginning January 15, 2004, a report on 
     United States military operations and reconstruction efforts 
     in Iraq and Afghanistan.
       (b) Contents.--The report shall, at a minimum, contain the 
     following information:
       (1) A detailed and complete accounting of amounts 
     appropriated under any previous Acts used to support military 
     or reconstruction activities in and around Iraq and 
     Afghanistan; a detailed and complete accounting of funds 
     appropriated in this Act that were expended during the 
     preceding quarter for military operations and reconstruction 
     efforts in and around Iraq and Afghanistan; and, an estimate 
     of the remaining total cost to the United States of military 
     operations and reconstruction efforts in Iraq and Afghanistan 
     for fiscal year 2004 and subsequent fiscal years.
       (2) A description of activities undertaken and findings 
     made in the search for weapons of mass destruction in Iraq.
       (3) A description of progress made in reconstruction 
     efforts in Iraq and Afghanistan, particularly efforts 
     relating to public safety, defense and law enforcement, 
     energy infrastructure, water, sewage systems, road 
     construction and other public works, transportation and 
     telecommunications infrastructure, medical and hospital 
     services, and private sector development.
       (4) A description of progress made to reduce attacks 
     against members of the United States Armed Forces in Iraq; a 
     detailed listing of the casualties suffered by United States 
     Armed Forces personnel in Iraq and Afghanistan during the 
     preceding quarter and cumulatively; a listing of equipment, 
     weapons, and spare parts shortfalls (compared to stated 
     military service requirements) and a description of the 
     actions taken to address the shortfalls; and a timeframe for 
     the withdrawal of all United States Armed Forces from Iraq.
       (5) An analysis of the impact that military operations in 
     Iraq and Afghanistan have had on overall readiness of the 
     Armed Forces.
       (6) An analysis of the impact the deployment of members of 
     the Armed Forces in connection with Operation Iraqi Freedom 
     and Operation Enduring Freedom is having on recruiting and 
     retention efforts in the active and reserve components.
       (7) An estimate of the remaining cost of repairing or 
     replacing the combat vehicles, aircraft, and other equipment 
     damaged or destroyed by combat, by prolonged use in Iraq and 
     Afghanistan, or by exposure to the extreme climatic and 
     terrain conditions in Iraq and Afghanistan.
       (8) A description of progress made toward holding of free 
     and fair elections in Iraq.
       (9) A description of the extent of international 
     participation (including financial and other) in the 
     stabilization and reconstruction of Iraq.
       (10) A detailed accounting of the number of United States 
     Armed Forces currently deployed in connection with Operation 
     Iraqi Freedom and Operation Enduring Freedom.
       (11) A detailed accounting on the use of private 
     contractors for contracts over $10,000,000, including the 
     costs of salaries, insurance payments, oversight plans, costs 
     of security provided by coalition troops to contractors, 
     performance schedules, plans to train Iraqi national to 
     assume functions of the contract, and the extent of the use 
     of local procurement and local management.
       (c) Limitation.--Beginning on January 15, 2004, none of the 
     funds made available by this Act that remain for obligation 
     may be obligated unless and until the President has submitted 
     to Congress the report described in subsections (a) and (b) 
     of this provision.
       Sec. 2213. (a) Review of Contracting Procedures.--The 
     Comptroller General shall review each covered contract and 
     task or delivery order entered into during a review period to 
     determine whether the procedures used to enter into the 
     contracts and orders were in compliance with the requirements 
     of this Act and other applicable laws and regulations.
       (b) Report.--At the end of each review period, the 
     Comptroller General shall submit to Congress a report on the 
     results of the review.

[[Page H9506]]

       (c) Review Period.--A review under subsection (a) shall be 
     carried each quarter of a fiscal year, beginning with the 
     first quarter beginning after the date of the enactment of 
     this Act.
       (d) Covered Contracts and Orders.--This section applies to 
     any contract or task or delivery order entered into using 
     funds appropriated by this Act for foreign assistance if--
       (1) in the case of a contract, the contract is in an amount 
     in excess of the simplified acquisition threshold (as defined 
     in section 4 of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 403), and
       (2) in the case of a task or delivery order, the order is 
     in an amount in excess of $1,000,000.
       Sec. 2214. (a) Transparency in Contracting: Notification to 
     Congress.--(1) The head of an executive agency that enters 
     into a contract, or task or delivery order under a task or 
     delivery order contract, in excess of $5,000,000 relating to 
     activities in Iraq shall, within 7 days after entering into 
     the contract or order, notify the chairman and ranking member 
     of the committees described in subsection (b) that the 
     contract or order has been entered into.
       (2) Upon request of the chairman or ranking member of a 
     committee described in subsection (b), the head of an 
     executive agency shall provide, within 14 days after receipt 
     of the request, unredacted copies of any documents required 
     to be maintained in the contracting office contract file, the 
     contract administration office contract file, and the paying 
     office contract file pursuant to subpart 4.8 of the Federal 
     Acquisition Regulation, including--
       (A) copies of the contract and all modifications;
       (B) orders issued under the contract;
       (C) justifications and approvals;
       (D) any government estimate of contract price;
       (E) source selection documentation;
       (F) cost or price analysis;
       (G) audit reports;
       (H) justification for type of contract;
       (I) authority for deviations from regulations, statutory 
     requirements, or other restrictions;
       (J) bills, invoices, vouchers, and supporting documents; 
     and
       (K) records of payments or receipts.
       (b) Committees.--The committees referred to in subsection 
     (a) are the following:
       (1) The Committee on Governmental Affairs of the Senate and 
     the Committee on Government Reform of the House of 
     Representatives.
       (2) The Committees on Appropriations of the Senate and 
     House of Representatives.
       (3) Each committee that the head of the executive agency 
     determines has legislative jurisdiction for the operations of 
     the department or agency to which the contract, task or 
     delivery order, or documents referred to in paragraph (1) or 
     (2) of subsection (a) relates.
       Sec. 2215. (a) Iraqi Involvement Plan.--The head of each 
     executive agency entering into a contract relating to 
     activities in Iraq shall develop a plan for minimizing costs 
     to the Federal Government through the use of Iraqi firms.
       (b) Components of Plan.--(1) The plan shall require the 
     head of each executive agency to assess, before entering into 
     a contract relating to activities in Iraq, whether the use of 
     Iraqi firms to carry out the contract could reduce the costs 
     of such contract to the Federal Government.
       (2) The plan may provide for the waiver of otherwise 
     applicable Federal procurement laws or regulations with 
     respect to the contract if the head of the executive agency 
     determines that such laws or regulations impede the ability 
     of the executive agency to reduce the costs of such contract 
     to the Federal Government through the use of Iraqi firms.
       (3) The plan shall ensure that all contracts with respect 
     to which laws or regulations are waived pursuant to paragraph 
     (2) are entered into using contracting procedures that are 
     open, fair, accountable, and, to the maximum extent 
     practicable, competitive.
       Sec. 2216. (a) Legal Status of Coalition Provisional 
     Authority for Iraq.--For purposes of the following provisions 
     of law, the Coalition Provisional Authority for Iraq shall be 
     considered to be an executive agency within the meaning of 
     the term in section 105 of title 5, United States Code:
       (1) Procurement statutes, including chapters 137 and 141 of 
     title 10, United States Code, title III of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     251 et seq.), and the Office of Federal Procurement Policy 
     Act (41 U.S.C. 403 et seq.).
       (2) Section 552 of title 5, United States Code (known as 
     the Freedom of Information Act).
       (3) Financial management statutes requiring the preparation 
     of audited financial statements, including section 3535 of 
     title 31, United States Code.
       (b) Definition.--For purposes of this section, the term 
     ``Coalition Provisional Authority for Iraq'' means the entity 
     charged by the President with directing reconstruction 
     efforts in Iraq.

                TITLE III--GENERAL PROVISIONS--THIS ACT

       Sec. 3001. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 3002. None of the funds made available in this or any 
     other Act for fiscal year 2004 may be used for any defense or 
     reconstruction activities in Iraq or Afghanistan coordinated 
     by any officer of the United States Government whose office 
     is not subject to appointment by the President by and with 
     the advice and consent of the Senate.
       Sec. 3003. For purposes of computing the amount of a 
     payment for an eligible local educational agency under 
     section 8003(a) of the Elementary and Secondary Education Act 
     (20 U.S.C. 7703(a)), children enrolled in a school of such 
     agency that would otherwise be eligible for payment under 
     section 8003(a)(1)(B) of such Act, but due to the deployment 
     of both parents or legal guardians, or due to the death of a 
     military parent or legal guardian while on active duty, are 
     no longer eligible under such section, shall be considered as 
     eligible students under such section, provided such students 
     remain in average daily attendance at the same school that 
     they attended prior to their change in eligibility status.
       Sec. 3004. None of the funds made available by this Act may 
     be provided to any unit of the security forces of a foreign 
     country participating with coalition forces in Afghanistan or 
     Iraq if the Secretary of State or the Secretary of Defense 
     has credible evidence that such unit has committed gross 
     violations of human rights, unless the appropriate Secretary 
     determines and reports to the Committees on Appropriations 
     that the government of such country is taking effective 
     measures to bring the responsible members of the security 
     forces unit to justice: Provided, That nothing in this 
     section shall be construed to withhold funds made available 
     by this Act from any unit of the security forces of a foreign 
     country not credibly alleged to be involved in gross 
     violations of human rights: Provided further, That in the 
     event that funds are withheld from any unit pursuant to this 
     section, the appropriate Secretary shall promptly inform the 
     foreign government of the basis for such action and shall, to 
     the maximum extent practicable, assist the foreign government 
     in taking effective measures to bring the responsible members 
     of the security forces to justice.
       Sec. 3005. None of the funds in this Act, or any other 
     appropriations Act, may be used to execute the Lateral 
     Repatriation Program, or any other program under which 
     citizens or nationals of Mexico are removed by land from the 
     United States by returning them to a location other than the 
     United States port of entry closest to the location where 
     they were apprehended or last imprisoned, or, in the case of 
     an alien who is removed upon being acquitted of a criminal 
     charge, the port of entry closest to the courthouse where the 
     acquittal occurs. If the Secretary of Homeland Security 
     determines that compliance with the preceding sentence is not 
     feasible, the Secretary shall notify the Committees on the 
     Judiciary and on Appropriations of the House of 
     Representatives and of the Senate.
       Sec. 3006. None of the funds in this Act, or any other 
     appropriations Act, may be used for the issuance of Form I-
     20A by the San Antonio Office of Detention and Removal of the 
     Bureau of Immigration and Customs Enforcement and the Border 
     Patrol sectors served by said office.

                TITLE IV--IRAQ RECONSTRUCTION TRUST FUND

     SEC. 4001. SHORT TITLE.

       This title may be cited as the ``Iraq Reconstruction Trust 
     Fund Act''.

     SEC. 4002. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations and the Committee on Appropriations of 
     the Senate and the Committee on International Relations and 
     the Committee on Appropriations of the House of 
     Representatives.
       (2) Coalition provisional authority.--The term ``Coalition 
     Provisional Authority'' means the entity charged by the 
     President with directing reconstruction efforts in Iraq.
       (3) Governing council in iraq.--The term ``Governing 
     Council in Iraq'' means the Governing Council established in 
     Iraq on July 13, 2003, or any successor governing authority 
     in Iraq.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of State.
       (5) Trust fund.--The term ``Trust Fund'' means the Iraq 
     Reconstruction Fund .
       (6) World bank.--The term ``World Bank'' means the 
     International Bank for Reconstruction and Development.

     SEC. 4003. LIMITATION OF USE OF FUNDS.

       Of the funds appropriated in title II under the subheading 
     ``Iraq Relief and Reconstruction Fund'' under the heading 
     ``Other Bilateral Economic Assistance Funds Appropriated to 
     the President'' other than amounts appropriated under such 
     subheading for security and. for refugees, human rights, 
     democracy, and civil society, $7,000,000,000 may not be 
     obligated or expended before the Secretary negotiates with 
     the World Bank, in consultation with the Coalition 
     Provisional Authority, the member nations of the World Bank, 
     and other interested parties, for the establishment within 
     the World Bank of the Iraq Reconstruction Trust Fund in 
     accordance with the provisions of this title.

     SEC. 4004. DESCRIPTION OF THE TRUST FUND.

       (a) Purposes.--The purposes of the Trust Fund shall be to 
     use contribute funds to--
       (1) assist in restoration of infrastructure and essential 
     services in Iraq;

[[Page H9507]]

       (2) assist in the creation of civil society in Iraq; and
       (3) ensure a secure environment for the people of Iraq.
       (b) In General.--As part of the negotiations required by 
     section 4003, the Secretary shall negotiate with the World 
     Bank to establish conditions under which the Trust Fund will 
     be terminated.
       (c) Repayment of Contributions.--If the Trust Fund is 
     terminated, any amounts contributed, to the Fund that have 
     not been expended shall be returned to the countries that 
     contributed funds to the Trust Fund, on basis proportionate 
     to their contribution.

     SEC. 4005. USE OF FUNDS.

       (a) Loans and Loan Guarantees.--In carrying out the 
     purposes set out in section 4004(a), the Trust Fund shall be 
     used to provide loans and loan guarantees under terms that 
     will facilitate economic development in Iraq.
       (b) Activities Supported.--The funds in the Trust Fund 
     shall be used to provide loans and loan guarantees that carry 
     out the purposes of the Trust Fund, including projects to--
       (1) create or repair infrastructure to--
       (A) produce and distribute electricity;
       (B) extract, refine, and distribute oil;
       (C) provide drinking water;
       (D) treat and dispose of wastewater;
       (E) provide transportation; and
       (F) facilitate communications;
       (2) promote public health;
       (3) provide housing;
       (4) ensure public safety; and
       (5) develop a private sector economy.

     SEC. 4006. CONTRIBUTIONS AND ACCOUNTABILITY.

       (a) Authority To Solicit and Accept Contributions.--The 
     Trust Fund shall be authorized to solicit and accept 
     contributions from governments, the private sector, and 
     nongovernmental entities of all kinds.
       (b) Accountability of Funds and Criteria for Programs.--The 
     Secretary shall, consistent with subsection (c)--
       (1) take such actions as are necessary to ensure that 
     adequate procedures and standards are in place to account for 
     and monitor the use of funds contributed to the Trust Fund, 
     including the cost of administering the Trust Fund; and
       (2) seek agreement with the World Bank on the criteria to 
     be used to determine the programs and activities to be 
     assisted by the Trust Fund.
       (c) Selection of Projects and Recipients.--The Trust Fund 
     and its contributors shall establish--
       (1) criteria for the selection of projects to receive 
     support from the Trust Fund;
       (2) standards and criteria regarding qualifications of 
     recipients of such support;
       (3) such rules and procedures as may be necessary for cost-
     effective management of the Trust Fund; and
       (4) such rules and procedures as may be necessary to ensure 
     transparency and accountability in the making of loans and 
     loan guarantees.
       (d) Transparency of Operations.--The Trust Fund shall 
     establish procedures to ensure full and prompt public 
     disclosure of the proposed objectives, financial 
     organization, and operations of the Trust Fund.
       (e) Access to Records.--The Comptroller or any duly 
     authorized representatives of the Comptroller shall have 
     access to any books, documents, papers, and. records of the 
     Trust Fund for the purpose of preparing the reports required 
     in section 4007(b).

     SEC. 4007. REPORTS TO CONGRESS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter for the 
     duration of the Trust Fund, the Secretary shall submit to the 
     appropriate congressional committees a report on the Trust 
     Fund.
       (b) Report Elements.--Each report required by paragraph (1) 
     shall include a description of--
       (1) the goals of the Trust Fund;
       (2) the programs, projects, and activities supported by the 
     Trust Fund;
       (3) private and governmental, contributions to the Trust 
     Fund; and
       (4) the criteria that have been established that would be 
     used to determine the programs and activities to be assisted 
     by the Trust Fund.

     SEC. 4008. AVAILABILITY OF FUNDS.

       (a) In General.--In addition to any other funds available 
     for multilateral or bilateral programs related to the 
     purposes of the Trust Fund, of the amounts appropriated in 
     title II under the subheading ``Iraq Relief and 
     Reconstruction Fund'' under the heading ``Other Bilateral 
     Economic Assistance Funds Appropriated to the President'', 
     other than amounts appropriated under such subheading for 
     security, and for refugees, human rights, democracy, and 
     civil society, $7,000,000,000 shall be made available for the 
     fiscal year 2004 for contribution to the Trust Fund. 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.
       (b) Matching Contributions.--Subject to the maximum amount 
     available for contributions to the Trust Fund under this Act, 
     the United States shall contribute to the Trust Fund out of 
     the additional amount made available under subsection (a), 
     the amount that equals the total amount contributed by 
     foreign countries to the Trust Fund during the 180-day period 
     that begins on the date of the enactment of this Act.
       (c) Transfer of Funds.--On the date that is 180 days after 
     the date of the enactment of this Act, any amount made 
     available for the Trust Fund under subsection (a) that 
     exceeds the amount required to be contributed to the Trust 
     Fund under subsection (b) shall cease to be available for 
     transfer to the Trust Fund and shall be transferred to an 
     account to be available to the Coalition Provisional 
     Authority for use as loans to, or to guarantee loans made by 
     the Governing Council in Iraq.

     SEC. 4009. NOTIFICATION REQUIREMENT.

       Not later than 15 days prior to the initial obligation or 
     expenditure of funds appropriated pursuant to section 4009, 
     the Secretary shall certify to the appropriate congressional 
     committees that--
       (1) the Trust Fund has been created in accordance with the 
     provisions of this title; and
       (2) adequate procedures and standards have been established 
     to ensure accountability for and monitoring of the use of 
     funds contributed to the Trust Fund, including the cost of 
     administering the Trust Fund.

                       TITLE V--REVENUE PROVISION

     SEC. 5001. TOP MARGINAL RATE INCREASED TO 39.6 PERCENT 
                   BEGINNING IN 2005.

       (a) In General.--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 be substituted
  ``In the case of taxable years  beginning during calendar             for  the following percentages:
                            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 or 2004................................................     25.0%        28.0%        33.0%        35.0%
2005 and thereafter.........................................     25.0%        28.0%        33.0%       39.6%.''
----------------------------------------------------------------------------------------------------------------

       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2004.
       This Act may be cited as the ``Emergency Supplemental 
     Appropriations Act for Defense and for the Reconstruction of 
     Iraq and Afghanistan, 2004''.

  Mr. HASTINGS of Washington. Mr. Speaker, I yield back the balance of 
our time, and I move the previous question on the resolution.
  The SPEAKER pro tempore. The question is on ordering the previous 
question.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. FROST. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  Pursuant to clauses 8 and 9 of rule XX, this 15-minute vote on 
ordering the previous question will be followed by 5-minute votes on 
adopting the resolution, if ordered, and on adopting House Resolution 
198, as amended.
  The vote was taken by electronic device, and there were--yeas 221, 
nays 202, answered ``present'' 1, not voting 10, as follows:

                             [Roll No. 544]

                               YEAS--221

     Aderholt
     Akin
     Bachus
     Baker
     Barrett (SC)
     Barton (TX)
     Bass
     Beauprez
     Bereuter
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Cox
     Crane
     Crenshaw

[[Page H9508]]


     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Emerson
     English
     Everett
     Feeney
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Goss
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Janklow
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     McCotter
     McHugh
     McInnis
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Stearns
     Sullivan
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--202

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Ballance
     Becerra
     Bell
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Case
     Clyburn
     Conyers
     Cooper
     Costello
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Frost
     Gephardt
     Gonzalez
     Gordon
     Green (TX)
     Grijalva
     Gutierrez
     Hall
     Harman
     Hastings (FL)
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kleczka
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lucas (KY)
     Lynch
     Majette
     Maloney
     Markey
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                        ANSWERED ``PRESENT''--1

       
     Paul
       

                             NOT VOTING--10

     Ballenger
     Bartlett (MD)
     Clay
     Jones (OH)
     Marshall
     McCrery
     Mollohan
     Saxton
     Souder
     Sweeney


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Thornberry) (during the vote). Members 
are advised there are 2 minutes remaining in this vote.

                              {time}  1217

  Ms. ESHOO, Ms. JACKSON-LEE of Texas, Mr. MEEHAN and Mr. GEORGE MILLER 
of California changed their vote from ``yea'' to ``nay.''
  So the previous question was ordered.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore (Mr. Thornberry). The question is on the 
resolution.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________