[House Report 108-320]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-320
======================================================================
 
   PROVIDING FOR CONSIDERATION OF H.R. 3289, EMERGENCY SUPPLEMENTAL 
 APPROPRIATIONS ACT FOR DEFENSE AND FOR THE RECONSTRUCTION OF IRAQ AND 
                           AFGHANISTAN, 2004

                                _______
                                

  October 15, 2003.--Referred to the House Calendar and ordered to be 
                                printed

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Mr. Hastings of Washington, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 396]

    The Committee on Rules, having had under consideration 
House Resolution 396, by a record vote of 9 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3289, the 
Emergency Supplemental Appropriations Act for Defense and for 
the Reconstruction of Iraq and Afghanistan, 2004, under an open 
rule. The rule provides one hour of general debate equally 
divided and controlled by the chairman and ranking minority 
member of the Committee on Appropriations.
    The rule waives all points of order against consideration 
of the bill. Under the rules of the House the bill shall be 
read for amendment by paragraph. The rule waives points of 
order against provisions in the bill for failure to comply with 
clause 2 of rule XXI (prohibiting unauthorized appropriations 
or legislative provisions in an appropriations bill), except as 
specified in the resolution. The rule authorizes the Chair to 
accord priority in recognition to Members who have pre-printed 
their amendments in the Congressional Record.
    Finally, the rule provides one motion to recommit with or 
without instructions.
    The waiver of clause 2 of rule XXI (prohibiting 
unauthorized appropriations or legislative provisions in an 
appropriations bill) is needed because there are numerous 
legislative provisions included in the bill.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 199

    Date: October 15, 2003.
    Measure: H.R. 3289--Emergency Supplemental Appropriations 
Act for Defense and for the Reconstruction of Iraq and 
Afghanistan, 2004.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment in the nature of a 
substitute offered by Representative Obey which reduces Iraq 
reconstruction funds by $4.618 billion. Defers funding of a 
portion of the major construction projects, maximizing use of 
local labor, and eliminating nonessential items. Adds $4.6 
billion saved from reconstruction for military needs not 
addressed in the committee bill. Requires a detailed report 
from the President describing how funds in the previous war 
supplemental have been spent, how funds appropriated in this 
Act are being spent, the level and types of funding needed for 
future years for both military and reconstruction activities. 
Provides that half of the reconstruction funds are transferred 
to a trust fund at the World Bank. Those funds would be 
available as loans to Iraq based on being matched by $3.5 
billion from other international donors. Provides that the 
entire $87 billion package be paid for by canceling the tax 
rate cut for the top 1% of income earners. Restores the top 
income tax rate to its pre-2001 level of 29.6%. The rollback 
would be delayed until the start of tax year 2005.
    Results: Defeated 4 to 9. Vote by Members: Goss--Nay; 
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; Hastings (WA)--Nay; 
Myrick--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; 
Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 200

    Date: October 15, 2003.
    Measure: H.R. 3289--Emergency Supplemental Appropriations 
Act for Defense and for the Reconstruction of Iraq and 
Afghanistan, 2004.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Edwards which adds the language of the Armed Forces Tax 
Fairness Act to the Supplemental Appropriations bill.
    Results: Defeated 4 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 201

    Date: October 15, 2003.
    Measure: H.R. 3289--Emergency Supplemental Appropriations 
Act for Defense and for the Reconstruction of Iraq and 
Afghanistan, 2004.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Waxman which reduces the amount available for the Iraq Relief 
and Reconstruction Fund by $250,000,000.
    Results: Defeated 4 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 202

    Date: October 15, 2003.
    Measure: H.R. 3289--Emergency Supplemental Appropriations 
Act for Defense and for the Reconstruction of Iraq and 
Afghanistan, 2004.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Spratt which increases a number of pay and benefits for active 
and reserve military personnel, including: increases Imminent 
Danger pay by $25 per month and Hardship Duty Pay by up to $300 
per month; funds prepaid phone cards to personnel in combat 
zones; funds free travel all the way to a service member's home 
during the two-week rest and recuperation period; and provides 
$25 million for loans for reservists whose small businesses 
have been disrupted by their mobilization. The BA and revenue 
cost of $820 million is fully offset by reducing reconstruction 
funds.
    Results: Defeated 4 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 203

    Date: October 15, 2003.
    Measure: H.R. 3289--Emergency Supplemental Appropriations 
Act for Defense and for the Reconstruction of Iraq and 
Afghanistan, 2004.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Kirk which eliminates in the committee bill which allows for 
non-competive contracts to be reported to Congress 7 days after 
the contract has been awarded in certain circumstances. 
Eliminating the provision will require the executive agency to 
inform Congress of no-bid contracts before they are awarded.
    Results: Defeated 4 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 204

    Date: October 15, 2003.
    Measure: H.R. 3289--Emergency Supplemental Appropriations 
Act for Defense and for the Reconstruction of Iraq and 
Afghanistan, 2004.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Maloney which specifies that $20,000,000 of the $872,000,000 of 
the Economic Support Fun shall be used to support programs 
specifically targeting women and girls in Afghanistan. Of that 
amount, $5,000,000 shall be used for contribution to the Afghan 
Independent Human Rights Commission and $5,000,000 shall be 
used to provide assistance to the Afghan Ministry of Women's 
Affairs. Further specifies that $47,000,000 of the $872,000,000 
of the Economic Support Fund shall be used to support education 
programs specifically targeting women and girls in Afghanistan.
    Results: Defeated 4 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 205

    Date: October 15, 2003.
    Measure: H.R. 3289--Emergency Supplemental Appropriations 
Act for Defense and for the Reconstruction of Iraq and 
Afghanistan, 2004.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Manzullo which requires that monies for Iraq relief and 
reconstruction be spent, to the greatest extent possible, for 
U.S. raw materials and manufactured goods and for services 
provided by U.S. labor. Requires a report to Congress of how 
the monies were spent, due 60 days after passage and every 60 
days thereafter until appropriation is expended.
    Results: Defeated 4 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 206

    Date: October 15, 2003.
    Measure: H.R. 3289--Emergency Supplemental Appropriations 
Act for Defense and for the Reconstruction of Iraq and 
Afghanistan, 2004.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Shays which requires GAO transmit to Congress on a quarterly 
basis a report on United States reconstruction efforts in Iraq 
and Afghanistan.
    Results: Defeated 4 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 207

    Date: October 15, 2003.
    Measure: H.R. 3289--Emergency Supplemental Appropriations 
Act for Defense and for the Reconstruction of Iraq and 
Afghanistan, 2004.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
DeFazio which requires that every dollar appropriated for the 
Iraq Relief and Reconstruction Fund be matched by a dollar 
spent on similar infrastructure and social service needs in the 
United States. Distributes the matching funds to states (with 
one-third of the money reserved for localities) via the same 
population formula used to provide aid to states in Title IV of 
P.L. 108-27.
    Results: Defeated 4 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 208

    Date: October 15, 2003.
    Measure: H.R. 3289--Emergency Supplemental Appropriations 
Act for Defense and for the Reconstruction of Iraq and 
Afghanistan, 2004.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Brown of Ohio which provides that U.S. companies that have 
relocated their headquarters, on paper, to an offshore tax 
haven would be ineligible for any government contracts. Defines 
corporate expatriation transactions as transactions in which 
more than 80 percent of the stock of the acquiring (new 
offshore parent) corporation is held by former shareholders of 
the domestic (old parent) corporation. Permits the President to 
waive this section with respect to any specific contract if the 
President certifies to Congress that the waiver is required in 
the interest of national security.
    Results: Defeated 4 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 209

    Date: October 15, 2003.
    Measure: H.R. 3289--Emergency Supplemental Appropriations 
Act for Defense and for the Reconstruction of Iraq and 
Afghanistan, 2004.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and provide the 
appropriate waiver for the amendment offered by Representative 
Harman which limits after February 3, 2004 the further 
obligation of funds available under this Act until the 
President has submitted to Congress as part of the annual 
budget submission a five-year wartime budget that includes (1) 
full funding of the war against terrorism; (2) full funding of 
Iraq reconstruction and security; (3) full funding of 
Afghanistan reconstruction and security; (4) full funding of 
veterans health care and benefits; (5) and a plan to balance 
the Federal budget by fiscal year 2015, details the tax 
policies and programmatic spending necessary to achieve such 
balance, and is consistent with paragraphs (1) through (4).
    Results: Defeated 4 to 9.
     Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; Slaughter--Yea; McGovern--Yea; 
Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 210

     Date: October 15, 2003.
     Measure: H.R. 3289--Emergency Supplemental Appropriations 
Act for Defense and for the Reconstruction of Iraq and 
Afghanistan, 2004.
     Motion by: Mr. Goss.
     Summary of motion: To report the resolution.
     Results: Agreed to 9 to 4.
     Vote by Members: Goss--Yea; Linder--Yea; Pryce--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Myrick--Yea; Sessions--Yea; 
Reynolds--Yea; Frost--Nay; Slaughter--Nay; McGovern--Nay; 
Hastings (FL)--Nay; Dreier--Yea.

                                
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