[Congressional Record (Bound Edition), Volume 151 (2005), Part 4]
[House]
[Pages 4714-4724]
[From the U.S. Government Publishing Office, www.gpo.gov]




 EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE GLOBAL WAR 
                  ON TERROR, AND TSUNAMI RELIEF, 2005

  The SPEAKER pro tempore (Mr. Pearce). Pursuant to House Resolution 
151 and rule XVIII, the Chair declares the House in the Committee of 
the Whole House on the State of the Union for the further consideration 
of the bill, H.R. 1268.

                              {time}  1810


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 1268) making emergency supplemental appropriations for 
the fiscal year ending September 30, 2005, and for other purposes, with 
Mr. Gilchrest (Acting Chairman) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIRMAN. When the Committee of the Whole House rose 
earlier today, the bill had been read through page 72, line 17.
  Pursuant to the order of House today, no further amendment to the 
bill may be offered except:
  Pro forma amendments offered at any point by the chairman and ranking 
minority member of the Committee on Appropriations or their designees 
for the purpose of debate;
  Amendment 4, which shall be debatable for 20 minutes;
  An amendment by Mr. Markey regarding combat pay;
  An amendment by Mr. Markey regarding torture;
  An amendment by Mr. Weiner regarding funds to the Palestinian 
Authority, which shall be debatable for 20 minutes;
  An amendment by Mr. Obey regarding intelligence;
  An amendment by Mr. Filner regarding veterans hiring preference for 
reconstruction of Iraq; and
  An amendment by Ms. Velazquez regarding small business.
  Each amendment may be offered only by the Member designated in the 
order of the House or a designee, or the Member who caused it to be 
printed in the Record or a designee, shall be considered only in the 
order designated in the order of the House, except in the case of pro 
forma amendments; shall be considered as read, shall not be subject to 
an amendment, except that the chairman and ranking minority member of 
the Committee on Appropriations may offer one pro forma amendment for 
purpose of debate; and shall not be subject to a demand for division of 
the question.
  Except as otherwise specified, each amendment shall be debatable for 
10 minutes, equally divided and controlled by the proponent and an 
opponent.
  It is now in order to consider amendment No. 4 by the gentleman from 
California (Mr. Lantos).


                 Amendment No. 4 Offered by Mr. Lantos

  Mr. LANTOS. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Lantos:
       Add at the end (before the short title) the following new 
     title:

                      TITLE VII--HOPE AT HOME ACT

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Help Our Patriotic 
     Employers at Helping Our Military Employees Act'' or the 
     ``HOPE at HOME Act''.

     SEC. 702. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS 
                   SERVING ON ACTIVE DUTY IN A RESERVE COMPONENT 
                   OF THE UNIFORMED SERVICES.

       (a) In General.--Subchapter IV of chapter 55 of title 5, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 5538. Nonreduction in pay while serving on active duty 
       in a reserve component

       ``(a) An employee who is also a member of a reserve 
     component and is absent from a position of employment with 
     the Federal Government under a call or order to serve on 
     active duty for a period of more than 30 days shall be 
     entitled to receive, for each pay period described in 
     subsection (b), an amount equal to the difference (if any) 
     between--
       ``(1) the amount of civilian basic pay that would otherwise 
     have been payable to the employee for such pay period if the 
     employee's civilian employment with the Government had not 
     been interrupted by the service on active duty; and
       ``(2) the amount of military compensation that is payable 
     to the employee for the service on active duty and is 
     allocable to such pay period.
       ``(b)(1) Amounts under this section shall be payable with 
     respect to each pay period (which would otherwise apply if 
     the employee's civilian employment had not been interrupted) 
     that occurs--
       ``(A) while the employee serves on active duty for a period 
     of more than 30 days;
       ``(B) while the employee is hospitalized for, or 
     convalescing from, an illness or injury incurred in, or 
     aggravated during, the performance of such active duty; or
       ``(C) during the 14-day period beginning at the end of such 
     active duty or the end of the period referred to in 
     subparagraph (B).
       ``(2) Paragraph (1) shall not apply with respect to a pay 
     period for which the employee receives civilian basic pay 
     (including by taking any annual, military, or other paid 
     leave) to which the employee is entitled by virtue of the 
     employee's civilian employment with the Government.
       ``(c) Any amount payable under this section to an employee 
     shall be paid--
       ``(1) by the employing agency of the employee;
       ``(2) from the appropriations or fund that would be used to 
     pay the employee if the employee were in a pay status; and
       ``(3) to the extent practicable, at the same time and in 
     the same manner as would civilian basic pay if the employee's 
     civilian employment had not been interrupted.
       ``(d) In consultation with Secretary of Defense, the Office 
     of Personnel Management

[[Page 4715]]

     shall prescribe such regulations as may be necessary to carry 
     out this section.
       ``(e) In consultation with the Office of Personnel 
     Management, the head of each employing agency shall prescribe 
     procedures to ensure that the rights under this section apply 
     to the employees of such agency. In consultation with the 
     Office of Personnel Management, the Administrator of the 
     Federal Aviation Administration shall prescribe procedures to 
     ensure that the rights under this section apply to the 
     employees of that agency.
       ``(f) In this section:
       ``(1) The terms `active duty for a period of more than 30 
     days', `member', and `reserve component' have the meanings 
     given such terms in section 101 of title 37.
       ``(2) The term `civilian basic pay', with respect to an 
     employee, includes any amount payable under section 5304 of 
     this title or under such other law providing for the 
     compensation of the employee by the employing agency for work 
     performed.
       ``(3) The term `employing agency', as used with respect to 
     an employee entitled to any payments under this section, 
     means the agency with respect to which the employee has 
     reemployment rights under chapter 43 of title 38. The term 
     `agency' has the meaning given such term in subparagraph (C) 
     of section 2302(a)(2) of this title, except that the term 
     includes Government corporations and agencies excluded by 
     clause (i) or (ii) of such subparagraph.
       ``(4) The term `military compensation' has the meaning 
     given the term `pay' in section 101(21) of title 37, except 
     that the term includes allowances under chapter 7 of such 
     title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 55 of title 5, is amended by inserting 
     after the item relating to section 5537 the following new 
     item:

``5538. Nonreduction in pay while serving on active duty in a reserve 
              component.''.

       (c) Application of Amendment.--Section 5538 of title 5, 
     United States Code, as added by subsection (a), shall apply 
     with respect to pay periods (as described in subsection (b) 
     of such section) beginning on or after the date of the 
     enactment of this Act.

     SEC. 703. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT ADDED 
                   TO GENERAL BUSINESS CREDIT.

       (a) Addition of Credit.--Subpart D of part IV of subchapter 
     A of chapter 1 of the Internal Revenue Code of 1986 (relating 
     to business-related credits) is amended by adding at the end 
     the following new section:

     ``SEC. 45J. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT.

       ``(a) General Rule.--For purposes of section 38, the Ready 
     Reserve-National Guard employee credit determined under this 
     section for any taxable year with respect to each Ready 
     Reserve-National Guard employee of an employer is an amount 
     equal to the lesser of--
       ``(1) 50 percent of the actual compensation amount paid 
     with respect to such Ready Reserve-National Guard employee 
     for such taxable year while the employee is absent from 
     employment for a reason described in subsection (b); or
       ``(2) $30,000.
       ``(b) Covered Pay Periods.--Subsection (a) shall apply with 
     respect to a Ready Reserve-National Guard employee--
       ``(1) while the employee serves on active duty for a period 
     of more than 30 days;
       ``(2) while the employee is hospitalized for, or 
     convalescing from, an illness or injury incurred in, or 
     aggravated during, the performance of such active duty; or
       ``(3) during the 14-day period beginning at the end of such 
     active duty or the end of the period referred to in 
     subparagraph (B).
       ``(c) Limitation.--No credit shall be allowed under 
     subsection (a) with respect to a Ready Reserve-National Guard 
     employee on any day on which the employee was not scheduled 
     to work (for a reason other than such service on active duty) 
     and ordinarily would not have worked.
       ``(d) Portion of Credit Refundable.--
       ``(1) In general.--In the case of an employer described in 
     paragraph (2), the aggregate credits allowed to a taxpayer 
     under subpart C shall be increased by the lesser of--
       ``(A) the credit which would be allowed under this section 
     without regard to this subsection and the limitation under 
     section 38(c), or
       ``(B) the amount by which the aggregate amount of credits 
     allowed by this subpart (determined without regard to this 
     subsection) would increase if the limitation imposed by 
     section 38(c) for any taxable year were increased by the 
     amount of employer payroll taxes imposed on the taxpayer 
     during the calendar year in which the taxable year begins.

     The amount of the credit allowed under this subsection shall 
     not be treated as a credit allowed under this subpart and 
     shall reduce the amount of the credit otherwise allowable 
     under subsection (a) without regard to section 38(c).
       ``(2) Employer described.--An employer is described in this 
     paragraph if the employer is--
       ``(A) an organization exempt from tax under this chapter,
       ``(B) any State or political subdivision thereof, the 
     District of Columbia, any possession of the United States, or 
     any agency or instrumentality of any of the foregoing, or
       ``(C) any Indian tribal government (within the meaning of 
     section 7871) or any agency or instrumentality thereof.
       ``(3) Employer payroll taxes.--For purposes of this 
     subsection--
       ``(A) In general.--The term `employer payroll taxes' means 
     the taxes imposed by--
       ``(i) section 3111(b), and
       ``(ii) sections 3211(a) and 3221(a) (determined at a rate 
     equal to the rate under section 3111(b)).
       ``(B) Special rule.--A rule similar to the rule of section 
     24(d)(2)(C) shall apply for purposes of subparagraph (A).
       ``(e) Definitions.--In this section--
       ``(1) The terms `active duty for a period of more than 30 
     days', `member', and `reserve component' have the meanings 
     given such terms in section 101 of title 37, United States 
     Code.
       ``(2) The term `compensation' means any remuneration for 
     employment, whether in cash or in kind, which is paid or 
     incurred by a taxpayer and which is deductible from the 
     taxpayer's gross income under section 162(a)(1).
       ``(3) The term `Ready Reserve-National Guard employee' with 
     respect to an employer, means an employee of the employer who 
     is also a member of a reserve component during a taxable 
     year.''.
       (b) Credit to Be Part of General Business Credit.--
     Subsection (b) of section 38 of such Code (relating to 
     general business credit) is amended by striking ``plus'' at 
     the end of paragraph (18), by striking the period at the end 
     of paragraph (19) and inserting ``, plus'', and by adding at 
     the end the following new paragraph:
       ``(20) the active-duty reserve component employee credit 
     determined under section 45J(a).''.
       (c) Conforming Amendment.--
       (1) Paragraph (2) of section 1324(b) of title 31, United 
     States Code, is amended by inserting ``or 45J'' after 
     ``section 35''.
       (2) The table of sections for subpart D of part IV of 
     subchapter A of chapter 1 of the Internal Revenue Code of 
     1986 is amended by inserting after the item relating to 
     section 45I the following new item:

``Sec. 45J. Active-duty reserve component employee credit.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2004.

     SEC. 704. DIFFERENTIAL WAGE PAYMENTS.

       (a) Income Tax Withholding.--Section 3401 of the Internal 
     Revenue Code of 1986 (relating to definitions) is amended by 
     adding at the end the following new subsection:
       ``(i) Differential Wage Payments to Active Duty Members of 
     the Uniformed Services.--
       ``(1) In general.--For purposes of subsection (a), any 
     differential wage payment shall be treated as a payment of 
     wages by the employer to the employee.
       ``(2) Differential wage payment.--For purposes of paragraph 
     (1), the term `differential wage payment' means any payment 
     which--
       ``(A) is made by an employer to an individual with respect 
     to any period during which the individual is performing 
     service in the uniformed services while on active duty for a 
     period of more than 30 days, and
       ``(B) represents all or a portion of the wages the 
     individual would have received from the employer if the 
     individual were performing service for the employer.''.
       (b) Treatment of Differential Wage Payments for Retirement 
     Plan Purposes.--
       (1) Pension plans.--
       (A) In general.--Section 414(u) of such Code (relating to 
     special rules relating to veterans' reemployment rights under 
     USERRA) is amended by adding at the end the following new 
     paragraph:
       ``(11) Treatment of differential wage payments.--
       ``(A) In general.--Except as provided in this paragraph, 
     for purposes of applying this title to a retirement plan to 
     which this subsection applies--
       ``(i) an individual receiving a differential wage payment 
     shall be treated as an employee of the employer making the 
     payment,
       ``(ii) the differential wage payment shall be treated as 
     compensation, and
       ``(iii) the plan shall not be treated as failing to meet 
     the requirements of any provision described in paragraph 
     (1)(C) by reason of any contribution which is based on the 
     differential wage payment.
       ``(B) Special rule for distributions.--
       ``(i) In general.--Notwithstanding subparagraph (A)(i), for 
     purposes of section 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 
     403(b)(11)(A), or 457(d)(1)(A)(ii), an individual shall be 
     treated as having been severed from employment during any 
     period the individual is performing service in the uniformed 
     services described in section 3401(i)(2)(A).
       ``(ii) Limitation.--If an individual elects to receive a 
     distribution by reason of clause (i), the plan shall provide 
     that the individual may not make an elective deferral or 
     employee contribution during the 6-month period beginning on 
     the date of the distribution.
       ``(C) Nondiscrimination requirement.--Subparagraph (A)(iii) 
     shall apply only if all

[[Page 4716]]

     employees of an employer performing service in the uniformed 
     services described in section 3401(i)(2)(A) are entitled to 
     receive differential wage payments on reasonably equivalent 
     terms and, if eligible to participate in a retirement plan 
     maintained by the employer, to make contributions based on 
     the payments . For purposes of applying this subparagraph, 
     the provisions of paragraphs (3), (4), and (5), of section 
     410(b) shall apply.
       ``(D) Differential wage payment.--For purposes of this 
     paragraph, the term `differential wage payment' has the 
     meaning given such term by section 3401(i)(2).''.
       (B) Conforming amendment.--The heading for section 414(u) 
     of such Code is amended by inserting ``and to Differential 
     Wage Payments to Members on Active Duty'' after ``USERRA''.
       (2) Differential wage payments treated as compensation for 
     individual retirement plans.--Section 219(f)(1) of such Code 
     (defining compensation) is amended by adding at the end the 
     following new sentence: ``The term `compensation' includes 
     any differential wage payment (as defined in section 
     3401(i)(2))''.
       (c) Effective Dates.--
       (1) Subsection (a).--The amendments made by subsection (a) 
     shall apply to remuneration paid after December 31, 2004.
       (2) Subsection (b).--The amendments made by subsection (b) 
     shall apply to plan years beginning after December 31, 2004.
       (d) Provisions Relating to Plan Amendments.--
       (1) In general.--If this subsection applies to any plan or 
     annuity contract amendment--
       (A) such plan or contract shall be treated as being 
     operated in accordance with the terms of the plan or contract 
     during the period described in paragraph (2)(B)(i), and
       (B) except as provided by the Secretary of the Treasury, 
     such plan shall not fail to meet the requirements of the 
     Internal Revenue Code of 1986 or the Employee Retirement 
     Income Security Act of 1974 by reason of such amendment.
       (2) Amendments to which section applies.--
       (A) In general.--This subsection shall apply to any 
     amendment to any plan or annuity contract which is made--
       (i) pursuant to any amendment made by this section, and
       (ii) on or before the last day of the first plan year 
     beginning on or after January 1, 2007.
       (B) Conditions.--This subsection shall not apply to any 
     plan or annuity contract amendment unless--
       (i) during the period beginning on the date the amendment 
     described in subparagraph (A)(i) takes effect and ending on 
     the date described in subparagraph (A)(ii) (or, if earlier, 
     the date the plan or contract amendment is adopted), the plan 
     or contract is operated as if such plan or contract amendment 
     were in effect; and
       (ii) such plan or contract amendment applies retroactively 
     for such period.

     SEC. 705. CREDIT FOR INCOME DIFFERENTIAL FOR EMPLOYMENT OF 
                   ACTIVATED MILITARY RESERVIST AND REPLACEMENT 
                   PERSONNEL.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     foreign tax credit, etc.) is amended by adding at the end the 
     following new section:

     ``SEC. 30B. EMPLOYER WAGE CREDIT FOR ACTIVATED MILITARY 
                   RESERVISTS.

       ``(a) General Rule.--There shall be allowed as a credit 
     against the tax imposed by this chapter for the taxable year 
     an amount equal to the sum of--
       ``(1) in the case of a small business employer, the 
     employment credit with respect to all qualified employees and 
     qualified replacement employees of the taxpayer, plus
       ``(2) the self-employment credit of a qualified self-
     employed taxpayer.
       ``(b) Employment Credit.--For purposes of this section--
       ``(1) Qualified employees.--
       ``(A) In general.--The employment credit with respect to a 
     qualified employee of the taxpayer for any taxable year is 
     equal to 50 percent of the lesser of--
       ``(i) the excess, if any, of--

       ``(I) the qualified employee's average daily qualified 
     compensation for the taxable year, over
       ``(II) the average daily military pay and allowances 
     received by the qualified employee during the taxable year, 
     while participating in qualified reserve component duty to 
     the exclusion of the qualified employee's normal employment 
     duties for the number of days the qualified employee 
     participates in qualified reserve component duty during the 
     taxable year, including time spent in a travel status, or

       ``(ii) $30,000.

     The employment credit, with respect to all qualified 
     employees, is equal to the sum of the employment credits for 
     each qualified employee under this subsection.
       ``(B) Average daily qualified compensation and average 
     daily military pay and allowances.--As used with respect to a 
     qualified employee--
       ``(i) the term `average daily qualified compensation' means 
     the qualified compensation of the qualified employee for the 
     taxable year divided by the difference between--

       ``(I) 365, and
       ``(II) the number of days the qualified employee 
     participates in qualified reserve component duty during the 
     taxable year, including time spent in a travel status, and

       ``(ii) the term `average daily military pay and allowances' 
     means--

       ``(I) the amount paid to the qualified employee during the 
     taxable year as military pay and allowances on account of the 
     qualified employee's participation in qualified reserve 
     component duty, divided by
       ``(II) the total number of days the qualified employee 
     participates in qualified reserve component duty, including 
     time spent in travel status.

       ``(C) Qualified compensation.--When used with respect to 
     the compensation paid or that would have been paid to a 
     qualified employee for any period during which the qualified 
     employee participates in qualified reserve component duty, 
     the term `qualified compensation' means--
       ``(i) compensation which is normally contingent on the 
     qualified employee's presence for work and which would be 
     deductible from the taxpayer's gross income under section 
     162(a)(1) if the qualified employee were present and 
     receiving such compensation,
       ``(ii) compensation which is not characterized by the 
     taxpayer as vacation or holiday pay, or as sick leave or pay, 
     or as any other form of pay for a nonspecific leave of 
     absence, and with respect to which the number of days the 
     qualified employee participates in qualified reserve 
     component duty does not result in any reduction in the amount 
     of vacation time, sick leave, or other nonspecific leave 
     previously credited to or earned by the qualified employee, 
     and
       ``(iii) group health plan costs (if any) with respect to 
     the qualified employee.
       ``(D) Qualified employee.--The term `qualified employee' 
     means a person who--
       ``(i) has been an employee of the taxpayer for the 31-day 
     period immediately preceding the period during which the 
     employee participates in qualified reserve component duty, 
     and
       ``(ii) is a member of the Ready Reserve of a reserve 
     component of an Armed Force of the United States as defined 
     in sections 10142 and 10101 of title 10, United States Code.
       ``(2) Qualified replacement employees.--
       ``(A) In general.--The employment credit with respect to a 
     qualified replacement employee of the taxpayer for any 
     taxable year is equal to 50 percent of the lesser of--
       ``(i) the individual's qualified compensation attributable 
     to service rendered as a qualified replacement employee, or
       ``(ii) $12,000.

     The employment credit, with respect to all qualified 
     replacement employees, is equal to the sum of the employment 
     credits for each qualified replacement employee under this 
     subsection.
       ``(B) Qualified compensation.--When used with respect to 
     the compensation paid to a qualified replacement employee, 
     the term `qualified compensation' means--
       ``(i) compensation which is normally contingent on the 
     qualified replacement employee's presence for work and which 
     is deductible from the taxpayer's gross income under section 
     162(a)(1),
       ``(ii) compensation which is not characterized by the 
     taxpayer as vacation or holiday pay, or as sick leave or pay, 
     or as any other form of pay for a nonspecific leave of 
     absence, and
       ``(iii) group health plan costs (if any) with respect to 
     the qualified replacement employee.
       ``(C) Qualified replacement employee.--The term `qualified 
     replacement employee' means an individual who is hired to 
     replace a qualified employee or a qualified self-employed 
     taxpayer, but only with respect to the period during which 
     such employee or taxpayer participates in qualified reserve 
     component duty, including time spent in travel status.
       ``(D) Failure to make differential wage payments.--The 
     employment credit with respect to a qualified replacement 
     employee of the taxpayer for any taxable year shall be zero 
     if the taxpayer does not make all differential wage payments 
     (as defined by section 3401(i)(2)) for the taxable year to 
     the qualified employee or the qualified self-employed 
     taxpayer (as the case may be) who is replaced by the 
     qualified replacement employee.
       ``(c) Self-Employment Credit.--For purposes of this 
     section--
       ``(1) In general.--The self-employment credit of a 
     qualified self-employed taxpayer for any taxable year is 
     equal to 50 percent of the lesser of--
       ``(A) the excess, if any, of--
       ``(i) the self-employed taxpayer's average daily self-
     employment income for the taxable year over
       ``(ii) the average daily military pay and allowances 
     received by the taxpayer during the taxable year, while 
     participating in qualified reserve component duty to the 
     exclusion of the taxpayer's normal self-employment duties for 
     the number of days the taxpayer participates in qualified 
     reserve component duty during the taxable year, including 
     time spent in a travel status, or
       ``(B) $30,000.
       ``(2) Average daily self-employment income and average 
     daily military pay and

[[Page 4717]]

     allowances.--As used with respect to a self-employed 
     taxpayer--
       ``(A) the term `average daily self-employment income' means 
     the self-employment income (as defined in section 1402(b)) of 
     the taxpayer for the taxable year plus the amount paid for 
     insurance which constitutes medical care for the taxpayer for 
     such year (within the meaning of section 162(l)) divided by 
     the difference between--
       ``(i) 365, and
       ``(ii) the number of days the taxpayer participates in 
     qualified reserve component duty during the taxable year, 
     including time spent in a travel status, and
       ``(B) the term `average daily military pay and allowances' 
     means--
       ``(i) the amount paid to the taxpayer during the taxable 
     year as military pay and allowances on account of the 
     taxpayer's participation in qualified reserve component duty, 
     divided by
       ``(ii) the total number of days the taxpayer participates 
     in qualified reserve component duty, including time spent in 
     travel status.
       ``(3) Qualified self-employed taxpayer.--The term 
     `qualified self-employed taxpayer' means a taxpayer who--
       ``(A) has net earnings from self-employment (as defined in 
     section 1402(a)) for the taxable year, and
       ``(B) is a member of the Ready Reserve of a reserve 
     component of an Armed Force of the United States.
       ``(d) Credit in Addition to Deduction.--The employment 
     credit or the self-employment credit provided in this section 
     is in addition to any deduction otherwise allowable with 
     respect to compensation actually paid to a qualified 
     employee, qualified replacement employee, or qualified self-
     employed taxpayer during any period the qualified employee or 
     qualified self-employed taxpayer participates in qualified 
     reserve component duty to the exclusion of normal employment 
     duties.
       ``(e) Coordination With Other Credits.--The amount of 
     credit otherwise allowable under sections 51(a) and 1396(a) 
     with respect to any employee shall be reduced by the credit 
     allowed by this section with respect to such employee.
       ``(f) Limitations.--
       ``(1) Application with other credits.--The credit allowed 
     under subsection (a) for any taxable year shall not exceed 
     the excess (if any) of--
       ``(A) the regular tax for the taxable year reduced by the 
     sum of the credits allowable under subpart A and sections 27, 
     29, and 30, over
       ``(B) the tentative minimum tax for the taxable year.
       ``(2) Disallowance for failure to comply with employment or 
     reemployment rights of members of the reserve components of 
     the armed forces of the united states.--No credit shall be 
     allowed under subsection (a) to a taxpayer for--
       ``(A) any taxable year, beginning after the date of the 
     enactment of this section, in which the taxpayer is under a 
     final order, judgment, or other process issued or required by 
     a district court of the United States under section 4323 of 
     title 38 of the United States Code with respect to a 
     violation of chapter 43 of such title, and
       ``(B) the 2 succeeding taxable years.
       ``(3) Disallowance with respect to persons ordered to 
     active duty for training.--No credit shall be allowed under 
     subsection (a) to a taxpayer with respect to any period by 
     taking into account any person who is called or ordered to 
     active duty for any of the following types of duty:
       ``(A) Active duty for training under any provision of title 
     10, United States Code.
       ``(B) Training at encampments, maneuvers, outdoor target 
     practice, or other exercises under chapter 5 of title 32, 
     United States Code.
       ``(C) Full-time National Guard duty, as defined in section 
     101(d)(5) of title 10, United States Code.
       ``(g) General Definitions and Special Rules.--For purposes 
     of this section--
       ``(1) Small business employer.--
       ``(A) In general.--The term `small business employer' 
     means, with respect to any taxable year, any employer who 
     employed an average of 50 or fewer employees on business days 
     during such taxable year.
       ``(B) Controlled groups.--For purposes of subparagraph (A), 
     all persons treated as a single employer under subsection 
     (b), (c), (m), or (o) of section 414 shall be treated as a 
     single employer.
       ``(2) Military pay and allowances.--The term `military pay' 
     means pay as that term is defined in section 101(21) of title 
     37, United States Code, and the term `allowances' means the 
     allowances payable to a member of the Armed Forces of the 
     United States under chapter 7 of that title.
       ``(3) Qualified reserve component duty.--The term 
     `qualified reserve component duty' includes only active duty 
     performed, as designated in the reservist's military orders, 
     in support of a contingency operation as defined in section 
     101(a)(13) of title 10, United States Code.
       ``(4) Special rule for certain manufacturers.--
       ``(A) In general.--In the case of any qualified 
     manufacturer, paragraph (1)(A) of this subsection shall be 
     applied by substituting `100' for `50'.
       ``(B) Qualified manufacturer.--For purposes of this 
     paragraph, the term `qualified manufacturer' means any person 
     if--
       ``(i) the primary business of such person is classified in 
     sector 31, 32, or 33 of the North American Industrial 
     Classification System, and
       ``(ii) all of such person's facilities which are used for 
     production in such business are located in the United States.
       ``(5) Carryback and carryforward allowed.--
       ``(A) In general.--If the credit allowable under subsection 
     (a) for a taxable year exceeds the amount of the limitation 
     under subsection (f)(1) for such taxable year (in this 
     paragraph referred to as the `unused credit year'), such 
     excess shall be a credit carryback to each of the 3 taxable 
     years preceding the unused credit year and a credit 
     carryforward to each of the 20 taxable years following the 
     unused credit year.
       ``(B) Rules.--Rules similar to the rules of section 39 
     shall apply with respect to the credit carryback and credit 
     carryforward under subparagraph (A).
       ``(6) Certain rules to apply.--Rules similar to the rules 
     of subsections (c), (d), and (e) of section 52 shall 
     apply.''.
       (b) Conforming Amendment.--Section 55(c)(2) of the Internal 
     Revenue Code of 1986 is amended by inserting ``30B(f)(1),'' 
     after ``30(b)(3),''.
       (c) Clerical Amendment.--The table of sections for subpart 
     B of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding at the end of 30A 
     the following new item:

``Sec. 30B. Employer wage credit for activated military reservists.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2004.

     SEC. 706. EMPLOYER CONTRIBUTIONS TO IRAS OF CERTAIN MEMBERS 
                   OF THE UNIFORMED SERVICES.

       (a) In General.--Section 3121 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following:
       ``(z) Employer Contributions to IRAs of Certain Members of 
     the Uniformed Services.--Nothing in any paragraph of 
     subsection (a) (other than paragraphs (1) and (5)) shall 
     exclude from the term `wages' any employer payment on behalf 
     of an individual to an individual retirement plan if such 
     payment is made by the employer to such plan with respect to 
     any period during which the individual is performing service 
     in the uniformed services while on active duty for a period 
     of more than 30 days.''.
       (b) Railroad Retirement.--Subsection (e) of Section 3231 of 
     such Code is amended by adding at the end the following new 
     paragraph:
       ``(1) Employer contributions to iras of certain members of 
     the uniformed services.--Nothing in any paragraph of this 
     subsection (other than paragraph (2)) shall exclude from the 
     term `compensation' any amount described in section 
     3121(z).''.
       (c) Federal Unemployment Tax.--Section 3306 of such Code is 
     amended by adding at the end the following:
       ``(u) Employer Contributions to IRAs of Certain Members of 
     the Uniformed Services.--Nothing in any paragraph of 
     subsection (b) (other than paragraphs (1) and (5)) shall 
     exclude from the term `wages' any employer payment on behalf 
     of an individual to an individual retirement plan if such 
     payment is made by the employer to such plan with respect to 
     any period during which the individual is performing service 
     in the uniformed services while on active duty for a period 
     of more than 30 days.''.
       (d) Withholding.--Section 3401(a) of such Code is amended 
     by adding at the end the following new subsection:
       ``(u) Employer Contributions to IRAs of Certain Members of 
     the Uniformed Services.--Nothing in any paragraph of 
     subsection (a) (other than paragraph (12)) shall exclude from 
     the term `wages' any amount described in section 3121(z).''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to amounts paid after December 31, 2004.

     SEC. 707. EMERGENCY DESIGNATION.

       Amounts provided pursuant to the amendments made by this 
     title are designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

  Mr. LEWIS of California. Mr. Chairman, I reserve a point of order on 
the gentleman's amendment.
  The Acting CHAIRMAN. A point of order on the amendment is reserved.
  Pursuant to the order of the House today, the gentleman from 
California (Mr. Lantos) and a Member opposed each will control 10 
minutes.
  The Chair recognizes the gentleman from California (Mr. Lantos).
  Mr. LANTOS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, when our country is at war, and every single Member of 
this body is in agreement that we are at war, the first rule should be 
to aim for equality of sacrifice. Now we know we cannot achieve that 
because the people who are making the sacrifice are our men and women 
in the field, and particularly the ones who are wounded or

[[Page 4718]]

lose their lives. But there is no earthly reason why we should impose 
on our fighting men and women in Iraq the additional burden of 
financial hardship for their families.

                              {time}  1815

  Some 72,000 members of our National Guard and our Reserves are 
suffering huge reductions in their income as a result of having been 
activated for military duty. My amendment would rectify this outrageous 
inequity. The 72,000 families which find themselves with a member of 
the family in the war zone are losing an average of $36,000 a year, the 
difference between their civilian pay and their military pay.
  My amendment, by providing tax benefits to their employers, would 
rectify this singularly inequitable and unjust state of affairs. It 
would ensure financial security to the families of our fighting men and 
women. This issue was brought to my attention by individuals in my 
congressional district, firemen, policemen, teachers and others who 
have to undergo this financial sacrifice on top of exposing themselves 
to physical danger 24 hours a day. It is unconscionable that we make 
these brave citizens choose between their duty to our country and the 
welfare of their families.
  I urge all of my colleagues to support this modest amendment which at 
least in a financial sense relieves some of the hardship on our 
military families. It also would deal with the problem of recruitment 
and retention in the National Guard and Reserves. Under present 
circumstances, we are losing large numbers of individuals who if they 
did not have this extra financial burden would enlist or re-enlist. I 
urge all of my colleagues to support this amendment.
  Mr. Chairman, I am happy to yield 1 minute to the gentleman from 
Virginia (Mr. Wolf).
  Mr. WOLF. Mr. Chairman, I am a cosponsor of the bill. I understand 
this amendment is going to be withdrawn. It is subject to a point of 
order. It is very good. Some of our Guardsmen and Reservists have been 
called up twice. We are having a problem in this region whereby they 
are really going through a difficult, difficult time. I think the 
gentleman's amendment is a very good amendment. At the appropriate 
time, I hope it passes and becomes law.
  Mr. LANTOS. Mr. Chairman, I yield 2 minutes to my friend from 
Massachusetts (Mr. McGovern).
  Mr. McGOVERN. Mr. Chairman, I thank my good friend and colleague from 
California for yielding me this time and for his incredible leadership 
on this important issue.
  Mr. Chairman, a couple of weeks ago, six Navy Reserve Seabees 
prepared to depart from Worcester, Massachusetts, and 10 Marine Corps 
Reservists based in Worcester received their activation notice. They 
are now waiting to learn when and where they will be deployed. These 
are all too familiar events to every Member of this Chamber.
  The citizen soldiers of the Guard and Reserves are fully integrated, 
vital components of our military force. They are essential to the 
success of any military operation, and they have fought and they have 
died wearing the uniform of this country. We are asking these brave men 
and women and their families, their employers and their communities to 
make tremendous sacrifices for us and our country. Many of them are now 
deployed for 12 or 18 months rather than the traditional 6 months.
  This amendment recognizes this reality. We know that for every 
Guardsman and Reservist serving abroad, there is a family at home also 
making sacrifices for their country. Many of these families face a loss 
of income when their military pay is significantly less than their 
civilian pay. This pay gap forces Guard and Reservist families to pinch 
pennies to make ends meet. It is unacceptable that families of 
activated Guard and Reservists have to worry about how to put food on 
the table or pay the mortgage. It is unacceptable to force those 
families to run up their credit cards, take on extra jobs, work 
overtime, use their savings, borrow money, go on welfare or rely on 
food banks. Our soldiers have enough to worry about when they are 
deployed overseas. They should not have to worry about their family 
finances.
  This amendment will help these families. It will reward those 
employers who are already doing the right thing by keeping their 
activated employees on payroll, and it will provide an incentive to 
other employers to join them in this patriotic service. It will also 
require the Federal Government to match the patriotism of the private 
sector by closing the pay gap for activated Federal employees. I am 
very proud to say that the State governments of Massachusetts and New 
Hampshire already make up the pay gap for State employees who have been 
activated by the Guard and Reserves. The Federal Government should 
follow their lead.
  By passing this amendment, Congress can provide hope to families and 
communities here at home. I also hope it will provide some peace of 
mind to our brave men and women now serving in harm's way.
  Mr. LANTOS. Mr. Chairman, I yield 2 minutes to my good friend, the 
gentleman from Connecticut (Mr. Shays).
  Mr. SHAYS. Mr. Chairman, I thank the gentleman from California (Mr. 
Lantos) for yielding me this time. I am a strong cosponsor of this 
amendment. I join with the gentleman from Virginia and the gentleman 
from Massachusetts. He is right on target. Employers who are paying the 
difference in salary and helping Reservists and National Guardsmen be 
able to do their duty and not suffer financial consequences should have 
some compensation, or partial compensation. This bill does that. The 
Federal Government should make up the difference when you have Federal 
employees who are being called up and those who are self-employed 
should be able to hire someone to take their place to keep the business 
going. There are a number of people who are self-employed who cannot 
keep the business going.
  We have so many other problems with those in the National Guard and 
Reserve. They are not paid quickly what they should be when they are in 
Iraq. There are a lot of problems. We have had problems with equipment. 
My gosh, we need to deal with this.
  If there is a point of order on this bill, the gentleman from 
California has served an important role in notifying this Congress that 
his bill is in this Chamber, and is before a committee. We need to have 
a hearing on it. I believe it is going to pass, and I think it is going 
to pass on a bipartisan basis sometime because it is sorely needed. I 
thank the gentleman for introducing this.
  Mr. LANTOS. I thank my friend from Connecticut.
  Mr. Chairman, I reserve the balance of my time.
  Mr. LEWIS of California. Mr. Chairman, I rise very hesitantly to 
oppose the gentleman's amendment.
  The Acting CHAIRMAN (Mr. Gilchrest). The gentleman from California 
(Mr. Lewis) is recognized for 10 minutes.
  Mr. LEWIS of California. Mr. Chairman, I yield myself such time as I 
may consume.
  The gentleman has an amendment that is very worthy of consideration. 
We all know we have a difficulty with the Guard and Reserve and how 
they maintain their level of income that they have had or what they had 
before they were called up. There are incredible problems here. But the 
gentleman's amendment involves the authorizing arena, and we are doing 
everything we can in this new appropriations committee to work with our 
authorizing committees to try to avoid doing their work.
  The gentleman, for example, is one of the truly outstanding members 
of the Committee on International Relations. He plays a phenomenal role 
in this arena. In the past, I have been very disconcerted with Foreign 
Ops getting into that area, that is the authorizing piece. We are 
trying to avoid that sort of work by the appropriations committee. In 
this case we are talking about major authorizing circumstances that 
affect the Committee on Ways and Means, affect the housing committee 
potentially, certainly the Committee

[[Page 4719]]

on Armed Services. So I am very hesitant about that movement in the 
arena that is an authorizing responsibility.
  Because of that, I am opposing the amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. LANTOS. Mr. Chairman, I yield myself such time as I may consume. 
I appreciate my good friend's comments. He is a great leader of the 
Congress and a great leader in California.
  This issue will not go away. I understand that there are technical 
objections at this moment to my amendment. But the justice and fairness 
of this amendment speaks for itself. It is an outrage to have men and 
women called up for active duty and have their families lose their 
homes and not be able to put food on the table because of the 
differential between their previous civilian pay and their current 
military pay. There is no Member in this body who can approve of such a 
circumstance.
  It is my intention to revisit and have this body revisit my 
legislation; but at the present time, I respectfully request unanimous 
consent to withdraw my amendment.
  The Acting CHAIRMAN. Without objection, the amendment is withdrawn.
  There was no objection.
  The Acting CHAIRMAN. It is now in order to consider the second 
amendment listed in the order of the House of today.


                    Amendment Offered by Mr. Markey

  Mr. MARKEY. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Markey:
       At the end of the bill (before the short title), insert the 
     following new title:

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

       Sec. 701. (a) None of the funds made available in this Act 
     may be used to implement any regulation reducing the total 
     amount of monthly military pay for a member of the Armed 
     Forces who is wounded or otherwise injured while assigned to 
     duty in an area for which special pay is available under 
     section 310 of title 37, United States Code, below the amount 
     in effect for the member when the member was wounded or 
     otherwise injured.
       (b) The limitation in subsection (a) shall cease to apply 
     with respect to a member described in that subsection as of 
     the end of the first month during which any of the following 
     occurs:
       (1) The member is found to be physically able to perform 
     the duties of the member's office, grade, rank, or rating.
       (2) The member is discharged or separated from the Armed 
     Forces.
       (3) The member dies.

  Mr. LEWIS of California. Mr. Chairman, I reserve a point of order on 
the gentleman's amendment.
  The Acting CHAIRMAN. A point of order is reserved.
  Pursuant to the order of the House of today, the gentleman from 
Massachusetts (Mr. Markey) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Massachusetts (Mr. Markey).
  Mr. MARKEY. Mr. Chairman, I yield myself such time as I may consume. 
As preposterous as it sounds, today members of the armed services who 
are wounded in battle have their pay cut the moment they are evacuated 
from a combat zone after they have been wounded and they are fighting 
for their lives in a hospital bed. A pay cut is not, in my opinion, my 
idea of support; and it most assuredly is not what the wounded soldier 
thinks of as support.
  The amendment I am proposing is intended to remedy this situation. It 
places a restriction on the supplemental appropriations funds to end 
this unjust practice. Essentially, this amendment will no longer allow 
the special hazardous duty pay to be cut for our wounded troops when 
they are evacuated from a combat zone. Instead, the special pay rates 
that they were receiving prior to their injury will be continued while 
the member recovers in a hospital. These pay rates will continue until 
the soldier either is reassigned to duty, discharged from service, or 
succumbs to his or her wounds.
  The cut in pay comes at the exact moment when severely wounded 
members are evacuated for medical treatment and leave the combat zone. 
I know this because my constituent, James Crosby, was wounded last year 
in Iraq.
  On March 18, 2004, James was wounded by enemy fire while riding on 
the back of a U.S. military vehicle in Iraq. A rocket fired at the 
vehicle killed the driver and injured two Marines, including James. A 
piece of shrapnel pierced James's side and penetrated his intestines 
and spine, paralyzing him from the waist down. James's pay was 
immediately cut when he was transported out of the combat zone in Iraq. 
He was discharged from the hospital in August and from active duty in 
September. Unfortunately, James's story is the story of many more 
soldiers serving in Iraq and Afghanistan, struck down by hostile fire 
or mortars or improvised explosive devices.
  Soldiers who would never leave a wounded comrade unattended on the 
battlefield suddenly find themselves in a hospital bed fighting for 
their lives. They have been separated from their unit, they are 
distressed about their condition, about what it means for the future, 
about suddenly being ripped from their unit by a mortar shell, about 
being helicoptered away from a very special group that had promised to 
protect each other come hell or high water. Now they are in the hands 
of people who made no such pledge, and the first thing the soldier 
learns is that his pay is being cut. I cannot imagine a more 
unambiguous way of telling that soldier that he or she is not as 
valuable today as yesterday.
  Some have said to me, these are special pays for special purposes. We 
cannot be extending them indefinitely. There are two answers to this: 
one, my amendment would not extend them indefinitely, only to the point 
where the soldier has recovered and been reassigned or discharged; and, 
two, the Congress has already recognized the principle that combat pay 
should be extended to the wounded soldier in the hospital. It did so in 
the case of the combat pay tax exclusion which exempts combat pay from 
taxation until the soldier is discharged from the hospital.
  I would hope that this body would accept my ``do no harm'' amendment.

                              {time}  1830

  Mr. Chairman, I reserve the balance of my time.
  Mr. LEWIS of California. Mr. Chairman, I rise to claim the time in 
opposition to the amendment.
  The Acting CHAIRMAN (Mr. Gilchrest). The gentleman from California 
(Mr. Lewis) is recognized for 5 minutes.
  Mr. MURTHA. Mr. Chairman, will the gentleman yield?
  Mr. LEWIS of California. I yield to the gentleman from Pennsylvania.
  Mr. MURTHA. Mr. Chairman, the gentleman from Florida (Chairman Young) 
and I discussed this amendment. We last year talked about it, but we 
have gotten serious this year about it because he brought to our 
attention a real problem, not on this individual but of these folks 
coming out of Iraq who are losing this money at a critical time in 
their lives. We are going to look at it and try to figure out what we 
can do. With the chairman's cooperation, hopefully we will be able to 
figure something out to take care of these people, the ones who are 
severely wounded because financially they are really hurting when they 
come out of there. He and I have both seen them at the hospitals. We 
know how hurt they are, but when they lose their financial resources, 
it hurts the families. So if the gentleman will withdraw his amendment, 
we will do everything we can to work this thing out.
  Mr. LEWIS of California. Mr. Chairman, reclaiming my time, let me 
respond by saying that the gentleman from Florida (Mr. Young) had to 
leave this evening. Because of that he is not here to interact 
regarding this amendment. I understand that what the gentleman from 
Pennsylvania has described is exactly my chairman's feeling. And, 
frankly, I appreciate the gentleman's willingness to cooperate.
  Mr. MARKEY. Mr. Chairman, will the gentleman yield?
  Mr. LEWIS of California. I yield to the gentleman from Massachusetts.
  Mr. MARKEY. Mr. Chairman, I thank both gentlemen for their 
statements. It is my intention to try to work in a way

[[Page 4720]]

in which we can find a way to guarantee that once someone has been shot 
and taken out of the combat zone that their benefits are not cut. The 
irony is of course if they are shot but not seriously wounded and they 
stay in Iraq, they do not lose any of these benefits. It is only the 
most serious who lose the benefits. I would like to be able to work 
with them.
  Mr. Chairman, I ask unanimous consent to withdraw the amendment.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from Massachusetts?
  There was no objection.
  The Acting CHAIRMAN. It is now in order to consider the third 
amendment from the gentleman from Massachusetts (Mr. Markey).


                    Amendment Offered by Mr. Markey

  Mr. MARKEY. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Markey:
       Page 72, after line 17, insert the following:

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

       Sec. 7001. None of the funds made available in this Act may 
     be used in contravention of the following laws enacted or 
     regulations promulgated to implement the United Nations 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment (done at New York on 
     December 10, 1984):
       (1) Section 2340A of title 18, United States Code.
       (2) Section 2242 of the Foreign Affairs Reform and 
     Restructuring Act of1998 (division G of Public Law 105-277; 
     112 Stat. 2681-822; 8 U.S.C. 1231 note) and any regulations 
     prescribed thereto, including regulations under part 208 of 
     title 8, Code of Federal Regulations, and part 95 of title 
     22, Code of Federal Regulations.

  The Acting CHAIRMAN. Pursuant to the order of the House today, the 
gentleman from Massachusetts (Mr. Markey) and a Member opposed each 
will control 5 minutes.
  The Chair recognizes the gentleman from Massachusetts (Mr. Markey).
  Mr. MARKEY. Mr. Chairman, I yield myself 1 minute.
  The amendment I am offering today simply reaffirms the United States' 
commitment to the Convention against Torture. The United States signed 
this treaty under President Reagan, and the Senate ratified it in 1994. 
Despite our commitments under this treaty and the recent statements 
made by the administration emphasizing that the United States is 
emphatically and unambiguously against the use of torture, reports keep 
growing of the United States sending detainees to countries where they 
are likely to face torture, including countries notorious for human 
rights violations, including Syria, Uzbekistan, and Egypt and other 
countries. My amendment will just restate existing law so that this 
body is put on record taking the position which Ronald Reagan did in 
his negotiation of the Convention against Torture.
  Mr. Chairman, I reserve the balance of my time.
  Mr. LEWIS of California. Mr. Chairman, I ask unanimous consent to 
claim the time.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The Acting CHAIRMAN. The gentleman from California (Mr. Lewis) is 
recognized for 5 minutes.
  Mr. LEWIS of California. Mr. Chairman, I yield myself such time as I 
may consume.
  I took this position on this amendment because I do not want to rise 
in opposition to the amendment. As the gentleman suggested, it is a 
restatement of existing law. I think it is appropriate for us to 
consider it in that connection, and, further, I would like to say to 
the gentleman that the Chair is inclined to accept the amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. MARKEY. Mr. Chairman, I yield 2 minutes to the gentleman from 
Oregon (Mr. Blumenauer), the cosponsor of this amendment.
  Mr. BLUMENAUER. Mr. Chairman, I thank the gentleman for yielding me 
this time.
  I appreciate his leadership on this issue, and I appreciate the 
chairman of the committee being willing to accept the restatement of 
existing law.
  But I think it is important for this Chamber to acknowledge that 
there is a scandal brewing. The news accounts make clear what our 
committee system has not yet focused in on. There are, in fact, 
numerous cases that are being brought forth of torture and the 
horrendous practice of our sending people to other countries after we 
have kidnapped them knowing that these suspects are going to be 
tortured.
  There are reasons that we are against torture. There are moral 
reasons. There are legal reasons. There is the fact that it is not a 
good way to get intelligence information and that it taints any legal 
proceedings that we may have against suspected terrorists. There is a 
selfish reason, that it puts Americans at risk. We do not want to show 
the world that it is acceptable treatment of civilians or people in the 
military that they be tortured.
  We have been trying to get Congress to do its job in oversight in 
this area, to investigate, so that we do not have to rely on 
journalists and nongovernment organizations but that Congress steps 
forward, that we understand and are held accountable. Until Congress 
takes its responsibilities seriously to investigate what is going on 
and, if there are abuses, to hold people accountable, I join my 
colleague in supporting this amendment because it is the best we can 
do.
  But I want to make clear that it is not good enough and that every 
Member of this assembly ought to be clamoring for the appropriate 
committees to exercise appropriate oversight to make sure that we are 
not complicit in the abuse and terror and torture of other people.
  Mr. MARKEY. Mr. Chairman, I yield myself the balance of my time.
  Throughout United States history, we have been the world's moral and 
political leader. One of the things that really strengthened our hand 
at Nuremberg was that in turn the Germans could not make a case that we 
had engaged in the kind of human rights violations that the Nazis had 
engaged in. It made the trials at Nuremberg a moral statement about the 
United States and our view of the way in which war should be conducted.
  This debate that we are having is intended on ensuring that we 
restate that commitment. We cannot have Uzbekistan, we cannot have 
Syria dictating what the standards are for our country. We cannot take 
prisoners within our control, put them on planes, and have them flown 
to other countries where whatever standards exist in that country 
dictate whether or not and what kind of torture will be engaged in.
  The statement which we are making today on the floor will be to once 
again reassert this Congress' complete commitment to the Convention 
against Torture. I think it is important at this time that we once 
again make this point because the rest of the world looks to us as the 
moral leader and it is important for us in act as well as in word to 
uphold that standard.
  Mr. Chairman, I yield back the balance of my time.
  Mr. WOLF. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Massachusetts (Mr. Markey).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mr. MARKEY. Mr. Chairman, I demand a recorded vote, and pending that, 
I make the point of order that a quorum is not present.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from 
Massachusetts (Mr. Markey) will be postponed.
  The point of no quorum is considered withdrawn.
  Mr. OBEY. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I am simply filibustering here for the moment until we 
get the next person here to offer an amendment, and I hope that he 
arrives

[[Page 4721]]

quickly. But let me simply say what we are trying to do is to proceed 
as far as we can in finishing this bill tonight, and we hope that we 
have the cooperation of every Member so we can do that.
  There may be at least one amendment that has to go over until 
tomorrow along with final passage, but we would hope to minimize that 
so that we take up as little time as possible tomorrow with this bill. 
For anyone who is interested, that is what we are trying to do tonight.
  Mr. Chairman, I yield to the gentleman from Pennsylvania (Mr. Murtha) 
who wants to brag a bit on his section of the bill.
  Mr. MURTHA. Mr. Chairman, I just want to talk about how good the 
Defense portion of this bill is, and I was disappointed we lost the 
embassy vote, and hopefully we will be able to repair that. But let me 
say that the members of the Defense Subcommittee went out to bases all 
over the country. We have all kinds of shortages. We added $1.8 billion 
to this bill to take care of things like spare parts, small arms, 
mortars, things that one would expect that they would have. We not only 
have shortages overseas and equipment that is worn out overseas, we 
have Reserve and National Guard units that are actually going to the 
major bases like Fort Bragg and having to rehabilitate that equipment.
  One of the reasons we put in $7 billion for rehabilitation of 
equipment was because of what we found out in the field. We think it is 
absolutely essential to get the Army back in shape so that when these 
units are called up they have the right equipment when they train, and 
when they go overseas they have the right equipment.
  So I would hope everybody would vote for this bill.
  Mr. OBEY. Mr. Chairman, reclaiming my time, while the gentleman is 
getting ready to proceed, let me make one other point with respect to 
the Lantos amendment. We have done our best to expand benefits to 
servicemen and women who have been killed in the line of duty. I think 
there is still one gaping hole. For someone who is seriously injured in 
Iraq or Afghanistan whose ability to obtain gainful employment may be 
permanently impaired because of what happened to them in combat. I 
think that we really need to think through how little this country does 
for people in those situations. It just seems to me that especially 
given the fact that we do not have a draft today and given the fact 
that so many people go into the service in order to be able to save 
some money so they can go to college, I think the sacrifice that people 
are called upon to make falls very unevenly in this society, and we 
have to do much more to see to it that those persons who do pay a major 
price because they could not afford to go to college without first 
going into service, for instance, I think that we need to do much more 
to provide enhanced benefits for them and for their families and for 
their children.
  The Acting CHAIRMAN. It is now in order to consider the fourth 
amendment listed in the order of the House of today.


                    Amendment Offered by Mr. Weiner

  Mr. WEINER. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Weiner:
       At the end of the bill (before the short title), insert the 
     following:

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

       Sec. 7001. None of the funds made available in this Act may 
     be used for assistance to the Palestinian Authority or for 
     programs, projects, and activities in the West Bank or Gaza.

  The Acting CHAIRMAN. Pursuant to the order of the House today, the 
gentleman from New York and a Member opposed each will control 10 
minutes.
  The Chair recognizes the gentleman from New York (Mr. Weiner).
  Mr. WEINER. Mr. Chairman, I yield myself such time as I may consume.
  I thank the chairman of the subcommittee and the ranking member of 
the full committee for stalling a bit while I prepared.
  This amendment is very simple. It simply says that we should not 
allocate at this moment in time any aid to the Palestinians.

                              {time}  1845

  We have a history in this Congress of lurching forward at the first 
sign of any optimistic sign, and I freely concede that this is such a 
moment in the Middle East. We, the taxpayers, are the first to put 
money on the barrel head: $612 million up to now, including $20 million 
in direct aid to Prime Minister Mahmoud Abbas. If the name sounds 
familiar, it is because the $20 million was not offered and proposed 
during this administration of Mahmoud Abbas. It was the last time. That 
money went in direct aid, and it is now gone.
  We have a tendency all too often to want to wish things to go well in 
the negotiations between the Palestinians and the Israelis, and the way 
we express that wish as taxpayers is by essentially giving money and 
more money and more money.
  There is no doubt in my mind that we in the United States have an 
important role to play here in the peace that hopefully will ensue. But 
what we should be doing is offering money based on performance, money 
based on transparency, money based on democratization, money based on 
furtherance of U.S. interests.
  We are offering this money now, and it is tied to nothing. There does 
not have to be compliance with the road map. There does not have to be 
compliance with past agreements. There does not have to be any type of 
democratic reform, and there does not have to be any type of 
transparency.
  You know, I am not the first to say this. The IMF acknowledged in 
2004 that $900 million, $900 million in funds that went to the 
Palestinian Authority were not unaccounted for.
  Now, the funds we provide do not go to the Palestinian Authority 
except for the $20 million I referenced earlier. They go to NGOs in the 
region. But I will argue to you that just the same way we would not 
fund an NGO in Iran or North Korea until we started to see some 
dramatic change in behavior, we should not do it here either.
  What we should do is we should pass my amendment. The committee 
should return to the administration and say look, we want to be 
participants in this peace process as well. Here is what we will do. 
Rather than $200 million now at the front end, we will say $25 million. 
At the end of the year, if you have complied with the road map towards 
peace that the President has laid out, we will put in another 50 or 
another $75 million. If after a year and a half there seems to have 
been 100 percent effort to cut down on violence, not the nonstop 
falling of Kassam rockets that is going on now, then maybe we do 
another $50 million or another $75 million, essentially using the money 
as a reward for the type of activity that the United States and our 
taxpayers want.
  Now, no one could argue that today, despite the changes in the Middle 
East, ones that, frankly, have me optimistic, no one could argue that 
Mahmoud Abbas has shown 100 percent effort to end violence. No one 
could argue that the Palestinians now have transparent government. No 
one could argue first and foremost that they can show us where the $900 
million that the IMF said had been absconded, where it has gone.
  I am not saying do not provide aid. I am saying that this is the 
least beneficial way to do it. You give them $200 million. If tomorrow 
we learn that the Palestinian administration has not lived up to its 
commitments, then we will have lost the money.
  Now, let me conclude before I reserve my time with this thought. You 
know, this is not the first time we have been in this pattern. We can 
learn a little something. At the Wye River Accord we put in money. Wye 
River went away. The Israelis walked away from it because the 
Palestinians violated it. Our money was still going.
  The Oslo Accords the same way. U.S. dollars were going long after the 
Oslo Accords had run aground. The Tenet plan, the Mitchell plan, the 
road map to peace. You know, we forget that $20

[[Page 4722]]

million in direct aid went to the Palestinians and the same exact 
arguments that my good friend, the gentleman from Arizona, is going to 
make here today were made then. These are optimistic times. There is a 
new administration. We need to foster, we need to encourage it. I do 
not dispute that. The only question is do we put the money on the 
barrel head first, or do we wait till later.
  And one final point. You know, the Israeli position I do not really 
know on this issue. And frankly I do not care. Lobbying organizations 
on behalf of the peace process, that is not what this is about. This is 
about taxpayer dollars and how they are most wisely spent.
  Mr. Chairman, I reserve the balance of my time.
  Mr. KOLBE. Mr. Chairman, I rise to claim the time in opposition
  The Acting CHAIRMAN (Mr. Gilchrest). The gentleman from Arizona (Mr. 
Kolbe) is recognized for 10 minutes.
  Mr. KOLBE. Mr. Chairman, I yield myself 4 minutes. Mr. Chairman, I do 
rise in very strong opposition to this amendment. I cannot think of an 
amendment that could send a worse message to the Middle East. For the 
first time in years, we have prospects, real prospects for peace in the 
Middle East with the change in the leadership of the Palestinian 
Authority. We are still a long ways away from having a lasting peace or 
a just peace. But we have the best prospects we have had in years, some 
would say even in decades.
  We have a responsibility to do everything we can to help Mr. Abbas, 
Prime Minister Abbas secure stability in his territories. I cannot 
think that anybody in this body would want to look back a few months or 
a few years from now knowing that we had adopted an amendment like this 
which would absolutely cut off at the knees the opportunity to bring 
peace to the Middle East. But make no mistake about it, that is exactly 
what the amendment offered by the gentleman from New York would do.
  But I am glad in a way that this amendment is offered because it 
gives me an opportunity to describe some of the points in our bill that 
I think make it such an excellent approach to the issue of assistance 
to the Palestinians. I know there is a lot of concern, as our 
subcommittee has had, about how this money has been spent over the 
years, that none of our assistance be used for subversive purposes to 
support terrorist activities.
  To protect against such a thing as that happening, USAID is already 
required to certify that its contractors are not affiliated with any 
terrorist organization and our assistance is not being used in any way 
that might support terrorism. The committee recommendation strengthens 
those protections by requiring the GAO, the General Accounting Office, 
to audit our assistance program, our assistance program. And that audit 
is going to help us make sure that these protections work properly.
  But we have gone even further than that. We have set aside $5 million 
to be paid for an audit of the Palestinian Authority's financial system 
by an independent, internationally recognized accounting firm so we can 
begin to get to the bottom of how some of these monies are being spent, 
have been spent in the past.
  And I know that the finance minister of the Palestinian Authority is 
very anxious to have this independent audit because he believes it will 
reveal where some of the money has been misallocated in the past by Mr. 
Arafat and some of his people.
  Finance Minister Fayad has already been working with the World Bank 
to develop a list of organizations that might be used to do this 
accounting. The committee's recommendation directly addresses the 
concerns of those who do not want money to go directly to the 
Palestinian Authority. It prohibits any of the money, as the gentleman 
did say, prohibits any of the money from going directly to the 
Palestinian Authority. But it also addresses, I think, the concerns 
that we have about taking away the flexibility of the administration to 
provide funding to Prime Minister Abbas's government as the 
administration did for the Arafat regime. To do that would send 
precisely the wrong message at this point.
  The compromise that we have in the language preserves the 
administration's ability to provide a waiver for the $75 million that 
is in the fiscal year 2005 legislation, but removes the Presidential 
waiver authority to do so with this $200 million provided in this 
legislation.
  I say to my colleagues, this would harm the people of the Palestinian 
territories, but it goes even further than that. It harms the chances 
for the people of Israel to have a lasting peace. I am not sure if the 
gentleman from New York is aware that this would cut out $50 million 
that goes to strengthen the border crossing points for Israel, because 
it prohibits funding for any programs or activities in the West Bank or 
Gaza. It would cut out the money we are providing here to strengthen 
the border crossings between Israel and the Gaza and the West Bank.
  It is exactly the wrong signal that we would be sending. It would 
erode the hope that we have for a stable peace in that region. I 
certainly urge my colleagues to vote against this amendment and to 
defeat it soundly.
  Mr. Chairman, I yield 2 minutes to the gentlewoman from New York 
(Mrs. Lowey).
  Mrs. LOWEY. Mr. Chairman, I thank the chairman for yielding me time, 
and I rise in strong opposition to the amendment.
  I understand many of the points that my colleague and friend from New 
York was making, but I think it is clear from the comments of the 
gentleman from Arizona (Chairman Kolbe) on how we crafted the bill that 
I think we address almost every point the gentleman is making.
  I feel very strongly that we have to take this opportunity to work 
with the Palestinians and work with the Israelis to try and move 
towards a peaceful settlement. We have heard Rabin say, ``You don't 
make peace with your friends; you make it with your enemies.'' I can 
remember Barak, and he would say to us very clearly, ``Trust, but 
verify.''
  I think there is clear language in this bill that verifies what we 
are doing in order to provide the assistance to the West Bank and Gaza 
program.
  I have felt that the prospects for peace in this region and for the 
ultimate security of Israel depend on bringing economic stability to 
the West Bank and Gaza. Just to repeat, these additional funds will be 
used for infrastructure development, democracy and government, health 
care and education; and as my chairman mentioned, $50 million of the 
$200 million is for improving the flow of goods and people into Israel 
with appropriate safeguards. The funds will be spent with Israel's 
direct input to facilitate both access and security between the West 
Bank and Gaza.
  The safeguards were mentioned by the gentleman from Arizona (Chairman 
Kolbe). Language has been included calling for a GAO audit of the $200 
million. The committee has specified how the funds should be spent, 
required a financial plan that we will approve prior to funds moving 
forward; and in addition, an amendment was adopted in committee which 
calls for a separate report on progress on dismantling terrorism, an 
audit of the Palestinian Authority, and a prohibition, a clear 
prohibition, on direct funding of the Palestinian Authority with this 
$200 million.
  So, again, I would express my strong opposition. I do think it 
signals exactly the wrong message if we want to cut off these funds. I 
hope that my colleagues in the Congress will support the gentleman from 
Arizona (Chairman Kolbe) in opposing this amendment, and I hope we can 
move forward and make sure that all the dollars are audited 
appropriately and that we can take this step to work with both the 
Palestinians and the Israelis in moving the peace process forward.
  Mr. WEINER. Mr. Chairman, I yield myself such time as I may consume.
  Let me first of all say to the gentleman, the chairman of the 
subcommittee, there are no two stronger supporters of Israel in this 
Congress; but I have to tell you, I can practically

[[Page 4723]]

write your remarks, because I heard them after Wye River, I heard them 
after Oslo, I heard them after the Tenet Plan, I heard them after the 
Mitchell Plan, and I heard them after the road map. And I will 
summarize them this way: there is never a good time to change our 
policies on funding the Palestinians.
  It is always an optimistic time when we begin these negotiations. I 
do not deny it. And I am not saying do not engage in them. I am saying 
let us use the U.S. tax dollars in a smarter way. Let us say, why give 
them $200 million and then say, okay, go off and do the best you can. 
Why not say give them 10 percent now, 50 percent later on. We 
incentivize other activities in Congress. Why not do that one?
  By the way, I know all about the USAID restrictions. I know about 
them, because you wrote them last time, and they were very, very tough. 
They said you cannot get a single dime, a single shekel, unless you 
agree that you will not support terrorism. You know what? They would 
not sign. A lot of these NGOs would not sign that document until the 
gentlewoman from New York went back and said, well, you better believe 
you are going to have to sign it, and then the negotiations began.
  As to the notion that this one adds, well, now we are not just going 
to have restrictions, but we are going to have an audit, I have to tell 
you it is kind of like saying let us invest in Enron because there is a 
strong audit going on.
  Maybe the smarter thing to do would be to say this: let us have the 
audit. Let us see if the new finance chairman is up to snuff. Let us 
see if Mahmoud Abbas really can delivery, and then give them more and 
more incentives to continue to comply with their agreements.
  Why is that so counter to what we do around here? We demand that type 
of accountability everywhere else. It is not as if they have a good 
record. Every single time we have invested, we have looked back and 
said, well, that is another $100 million; oh, that is another $50 
million.
  Well, we were so optimistic. I am optimistic too, but it is deja vu 
all over again.

                              {time}  1900

  I am not saying do not be engaged. I am not saying do not have peace. 
I am not saying do not negotiate. I am not saying do not make 
concessions. I am not saying stay on the sideline and do not do 
anything. I am saying if we are going to spend United States tax 
dollars, let us not keep engaging in the same activity over and over 
again expecting to get a different result.
  Mrs. LOWEY. Mr. Chairman, will the gentleman yield?
  Mr. WEINER. I yield to the gentlewoman from New York.
  Mrs. LOWEY. Mr. Chairman, I would just like to stress again, we know 
that this is tough. We know this is not easy or there would have been 
peace a long time ago.
  And if Sharon is willing to work with Abu Mazen and if he is willing 
to work with the Palestinian Authority, we feel we have to take risks 
for peace but not risks for just throwing the dollars. If you look at 
this bill carefully, and I know the gentleman has, there are very clear 
auditing guidelines. There is a clear requirement for a plan.
  It is not as if we are going to say, here, here is the $200 million 
because we respect the fact that there have been many failures in the 
past. But in my judgment, if the Israelis want peace, if Sharon is 
willing to work with the Palestinians and take these risks, then we 
should be willing to do it with appropriate accountability and 
auditing.
  Mr. WEINER. Reclaiming my time, first let me say, Sharon has his 
constituents, Abu Mazen has his and I have mine. My constituents, 
frankly, it is their tax dollars we are investing here. This is not 
Israeli policy we are talking about. They have to pursue it the best 
they can and hopefully it works out this time. I am not talking about 
the Palestinian allocation.
  I am talking about the fact that I have heard this song before. I 
have heard we have tough restrictions. As the gentlewoman knows, we 
thought we wrote the perfect ones in the bill last time, requiring them 
to sign. We will certify not a single dollar goes to a terrorist 
organization. We had to fight kicking and screaming to get these 
organizations to sign these documents. It is our money. And all I am 
saying is let us stage it. Let us phase it in. Let us make it based on 
incentives. It did not work any other way.
  By the way, I point out every negotiation that the Palestinians and 
Israelis have engaged in, that is the way they did it. In Oslo they did 
not say, here is everything. In Oslo they say, you do A, we will do B. 
You do C, we will do D. What do we do? We walk up to the plate. We are 
so eager for peace, and we all are, we are so eager to show that we are 
committed to it, we put the dollars out there without my 
incentivization on it.
  I think that nothing is more symbolic. With all the talk about the 
audit and the USAID restrictions, nothing is more symbolic. The 
headlines will read tomorrow, Congress allocates $200 million to 
Palestinian projects.
  I think what it says is, Congress allocates $25 million and says $175 
million are there if things go well.
  Mr. Chairman, I reserve the balance of my time.
  Mr. KOLBE. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman 
from California (Mrs. Capps).
  Mrs. CAPPS. Mr. Chairman, I rise in strong opposition to this 
amendment.
  This amendment will only hurt the Palestinian people. It will harm 
Israel security and undermine our own national interests.
  The Arafat era is over. In contrast to the partners in the previous 
agreements, Palestinians have a new president, Mahmoud Abbas, who was 
chosen in a free and fair election. His government has instituted 
excellent financial reforms. His security efforts are paying off and 
have gained the praise of Prime Minister Sharon.
  We must strengthen and empower the new Palestinian government. 
President Bush has requested this aid package to help fund a number of 
critical humanitarian and infrastructure projects. Israel's safety and 
security will only be assured if the new Palestinian leadership gains 
credibility with its own people, and that is why the Israelis support 
this aid package.
  That is why many pro-Israeli-American groups support it as well. In 
fact, a number of national Jewish organizations would like Congress 
even to put fewer restrictions on the aid bill than the bill contains.
  I urge a ``no'' vote on the Weiner amendment.
  Mr. KOLBE. Mr. Chairman, I reserve the balance of my time. The 
committee has the right to close.
  Mr. WEINER. Mr. Chairman, I yield myself such time as I may consume.
  We have had this conversation about process here, but let us not 
ignore the realities on the ground. As much as Abu Mazen has said many 
of the right things, let us remember what happened in those elections 
in Gaza, 77 of 118 seats were won by Hamas, 77 of 118 seats were won by 
Hamas.
  Now why is that significant? Democracy, sometimes you get what you 
want, sometimes you do not. But let us remember what Hamas has said. 
They have publicly announced they will not abide by any ceasefire 
negotiated by Abu Mazen. Now, Abu Mazen is the one that we have 
referred to here. Mahmoud Abbas is who we have referred to here as the 
new partner for peace.
  The gentlewoman who just spoke has said the Arafat era is over. The 
Abu Mazen period has just begun. Let us not make our investment a 
foolish one.
  Mr. KOLBE. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, let me use the closing moments to correct a couple of 
things that were said. There was a statement made by the gentleman from 
New York (Mr. Weiner) and I do appreciate his statements about the 
support that the gentlewoman from New York (Mrs. Lowey), my ranking 
member, and I have given over the years to Israel because we certainly 
strongly support the Israeli state in not only its creation but its 
protection and its security.
  The gentleman made the statement that we would not think of funding

[[Page 4724]]

NGOs in some countries, the gentleman said something like Iran, and I 
would add we do have NGOs that we work with in countries like Iran and 
Zimbabwe and other countries like that. We work with NGOs because there 
we can be sure the money is not flowing into the government. That is 
exactly what we are doing here with funds for the Palestinian people. 
This money goes to projects. It does not go to the Palestinian 
Authority.
  The gentleman made the statement, he said we should provide these 
funds incrementally. We should spend the money in increments. But the 
fact of the matter is the gentleman's amendments would not allow you to 
do that. The gentleman's amendment says none of the funds may be spent 
in the West Bank or in the Gaza area. So even if they did comply with 
all of the requirements, none of the money still could be spent. So 
there is no way that you could possibly reword this.
  Yes, the gentleman is right that we have had high hopes after other 
discussions after the Oslo agreement and after the Wye Accords. We had 
high hopes at that time and they have been dashed. But the money that 
we allocated at that time, none of that was ever given to the 
Palestinian Authority. It was given in terms of projects of what we 
wanted to do to try to provide the carrot. It may not have worked but 
it was not money that was lost either.
  So the gentleman is simply saying that we have less confidence in 
this new Palestinian Authority leadership than we did in the leadership 
of Arafat. That certainly makes no sense whatsoever. For us to deny any 
of these funds to be used to help bring about a peaceful settlement now 
would be absolutely the wrong thing for us to do.
  I would urge my colleagues to reject this amendment. We have good 
reporting requirements in the legislation. We have restrictions on how 
funding can be used. It cannot go to the Palestinian Authority. It goes 
for projects. It goes through NGOs. But we want to send the right 
signal, the right signal to Israel, and the right signal to 
Palestinians, that we believe together they can work to achieve a 
peaceful settlement. Then the U.S. we will be there as a partner in 
achieving this peaceful settlement.
  I urge my colleagues to reject this amendment so that peace may have 
a chance of coming to the Middle East.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN (Mr. Gilchrest). The question is on the amendment 
offered by the gentleman from New York (Mr. Weiner).
  The amendment was rejected.
  Mr. LEWIS of California. Mr. Chairman, I move to strike the last 
word.
  Mr. Chairman, we have made considerable progress on this bill today. 
There has been great cooperation on both sides of the aisle. I must say 
the membership has been very positive in their discussion and very 
helpful to one another.
  As the chairman may know, there are dinners that are going on tonight 
that affect both sides of the aisle and there are still a number of 
Members who would like to participate in same. Because of those 
circumstances and because we can finish our work very easily tomorrow 
morning, there are minor amendments to be expeditiously handled.
  Mr. Chairman, I move the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Knollenberg) having assumed the chair, Mr. Gilchrest, Acting Chairman 
of the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 
1268) making emergency supplemental appropriations for the fiscal year 
ending September 30, 2005, and for other purposes, had come to no 
resolution thereon.

                          ____________________