[House Report 108-320]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-320
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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
_______
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.