[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.
____________________