89–811

108TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 1st Session 108–312

MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR DEFENSE 

AND FOR THE RECONSTRUCTION OF IRAQ AND AFGHANISTAN FOR THE 

FISCAL YEAR ENDING SEPTEMBER 30, 2004, AND FOR OTHER PURPOSES 

OCTOBER 14, 2003.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. YOUNG of Florida, from the Committee on Appropriations, 

submitted the following 

R E P O R T 

together with 

DISSENTING, AND ADDITIONAL VIEWS 

[To accompany H.R. 3289]

The Committee on Appropriations submits the following report in 

explanation of the accompanying bill making emergency supplemental appropriations for defense and for the reconstruction of Iraq 

and Afghanistan for the fiscal year ending September 30, 2004, and 

for other purposes. 

BILL SUMMARY

The bill recommended by the Committee includes $86,856,029,000 in emergency supplemental appropriations for fiscal year 2004. This includes $65,270,629,000 for defense activities 

and $21,585,400,000 for reconstruction and international assistance, principally for Iraq and Afghanistan. The bill also includes 

other international assistance, such as the United States’ share of 

the assessment for the United Nations’ peacekeeping mission in Liberia, as well as funding to repair storm damage caused by Hurricane Isabel. 

TITLE I—NATIONAL SECURITY 

CHAPTER 1 

DEPARTMENT OF DEFENSE—MILITARY 

In the supplemental budget request, the President requested 

$65,147,554,000 for programs and activities funded through defense appropriations acts. These funds are for additional military 

2

personnel costs, military health care support, increased operational 

tempo costs, procurement of equipment, increased maintenance, 

and support for classified activities. According to budget justification materials submitted with the request, this total includes 

$51,200,000,000 for Operation Iraqi Freedom (OIF); 

$10,300,000,000 for Operation Enduring Freedom (OEF); 

$2,200,000,000 for Operation Noble Eagle (ONE); and 

$1,400,000,000 to reimburse coalition countries for logistical and 

military support provided to the United States military in connection with military operations in Iraq and Afghanistan. 

The Committee recommends total new appropriations of $64,702,854,000. This includes $64,289,554,000 for ongoing military operations, as well as an additional $413,300,000 to provide 

for repairs to military facilities resulting from recent natural disasters. The Committee notes that funding requested in this chapter 

for the Coalition Provisional Authority has instead been provided 

in title II of the Committee bill. 

The following table summarizes, by appropriations account or 

general provision, the Committee’s recommendations compared to 

the President’s request.

[Dollars in thousands] 

Request Recommendation Change from

request 

Military Personnel: 

Military Personnel, Army .............................................................. 12,858,870 12,188,870 -670,000 

Military Personnel, Navy .............................................................. 816,100 816,100 0 

Military Personnel, Marine Corps ................................................. 753,190 753,190 0 

Military Personnel, Air Force ........................................................ 3,384,700 3,384,700 0

Total Military Personnel ........................................................... 17,812,860 17,142,860 ¥670,000

Operation and Maintenance: 

O&M, Army ................................................................................... 24,190,464 24,355,664 165,200 

O&M, Navy ................................................................................... 2,106,258 1,934,058 ¥172,200 

O&M, Marine Corps ...................................................................... 1,198,981 1,198,981 0 

O&M, Air Force ............................................................................. 5,948,368 5,598,368 ¥350,000 

O&M, Defense-Wide ..................................................................... 4,618,452 4,485,452 ¥133,000 

O&M, Marine Corps Reserve ........................................................ 16,000 16,000 0 

O&M, Air Force Reserve ............................................................... 53,000 53,000 0 

O&M, Air National Guard ............................................................. 214,000 214,000 0 

Overseas Humanitarian, Disaster & Civic Aid ............................ 35,500 35,500 0 

Iraq Freedom Fund ....................................................................... 1,988,600 1,988,600 0

Total Operation and Maintenance ........................................... 40,369,623 39,879,623 ¥490,000

Procurement: 

Missile Procurement, Army .......................................................... 6,200 0 ¥6,200 

Procurement of WTCV, Army ........................................................ 46,000 101,600 55,600 

Other Procurement, Army ............................................................. 930,687 1,250,287 319,600 

Aircraft Procurement, Navy .......................................................... 128,600 158,600 30,000 

Other Procurement, Navy ............................................................. 76,357 76,357 0 

Procurement, Marine Corps ......................................................... 123,397 123,397 0 

Aircraft Procurement, Air Force ................................................... 40,972 53,972 13,000 

Missile Procurement, Air Force .................................................... 20,450 20,450 0 

Other Procurement, Air Force ....................................................... 3,441,006 3,418,006 ¥23,000 

Procurement, Defense-Wide ......................................................... 435,635 418,635 ¥17,000

Total Procurement ................................................................... 5,249,304 5,621,304 372,000

Research, Development, Test and Evaluation: 

RDT&E, Navy ................................................................................ 34,000 34,000 0 

RDT&E, Air Force .......................................................................... 39,070 39,070 0 

3

[Dollars in thousands] 

Request Recommendation Change from

request 

RDT&E, Defense-Wide .................................................................. 265,817 195,817 ¥70,000

Total Research, Development, Test and Evaluation ............... 338,887 268,887 ¥70,000

Revolving and Management Funds: 

Defense Working Capital Funds .................................................. 600,000 600,000 0 

National Defense Sealift Fund ..................................................... 24,000 24,000 0

Total Revolving and Management Funds ............................... 624,000 624,000 0

Other Department of Defense Programs: 

Defense Health Program .............................................................. 658,380 658,380 0 

Drug Interdiction & Counter-Drug Activities, Defense ................ 73,000 73,000 0

Total Other Department of Defense Programs ....................... 731,380 731,380 0

Related Agencies: Intelligence Community Management Account ...... 21,500 21,500 0

Total Related Agencies ............................................................ 21,500 21,500 0

General Provisions: Section 1109—Storm Damage ............................. 0 413,300 413,300

Grand Total .............................................................................. 65,147,554 64,702,854 ¥440,700

RECOVERY FROM NATURAL DISASTERS

The Committee bill includes a general provision that provides 

$413,300,000 in funding for Operation and Maintenance and Procurement accounts, only for the military services to accomplish recovery and repairs made necessary by recent natural disasters including Hurricane Isabel. The Committee has provided funding in 

this general provision for recovery and repair requirements at affected Army, Navy, Marine Corps, and Air Force bases in New Jersey, Delaware, Maryland, District of Columbia, Virginia, and North 

Carolina. These funds are allocated as follows:

Operation and Maintenance, Army ...................................................... $73,600,000 

Operation and Maintenance, Navy ...................................................... 126,400,000 

Operation and Maintenance, Marine Corps ........................................ 9,200,000 

Operation and Maintenance, Air Force ............................................... 201,900,000 

Other Procurement, Air Force .............................................................. 2,200,000

EQUIPMENT SHORTAGES

The Committee notes the recent efforts the Department of Defense has made to address equipment shortages experienced by 

American soldiers in Iraq, Afghanistan and elsewhere. Unfortunately, many individuals and units in the active and reserve force 

continue to suffer from shortages in equipment that if provided 

would enhance their survivability and enable them to better complete their assigned missions. For instance, the Committee has 

learned that some active duty soldiers and reservists are spending 

as much as $650 out of pocket to buy Interceptor Body Armor vests 

and small arms protective insert plates to replace the Vietnam era 

flak vests issued when they arrive in Iraq. Also, the capability of 

currently fielded portable radio jammers does not provide an effective defense against remotely detonated explosives being used increasingly against American soldiers. With the continued rotation 

4

of active forces and the anticipated activation of National Guard 

Enhanced Separate Brigades to sustain present operating levels, 

these problems could become even more acute. 

The Committee finds it wholly unacceptable for American soldiers to be deployed to the Iraq or Afghanistan theaters with anything but the best equipment. It must be the Secretary of Defense’s 

highest priority to eliminate shortages that, if not addressed, could 

cost soldiers their lives. As such, the Committee recommends significant increases in this bill to purchase protective body armor, 

improved portable radio frequency jammers, spare parts, and other 

critical items. Moreover, the Committee directs the Department 

and, in particular, the Army to fully fund requirements identified 

under the Soldier Enhancement Program, the Centralized Funding 

and Fielding activity, and other accounts designed to expeditiously 

field new equipment to soldiers. Of special interest, the Committee 

directs the Department to use funds approved in this measure to 

increase the availability of modern hydration systems to soldiers in 

the Iraq Theater. 

The Secretary of Defense is directed to submit quarterly update 

reports to the congressional defense committees, starting December 

31, 2003, that identify significant soldier equipment, weapon system, or spare parts shortages in the Iraq and Afghanistan theaters 

of operations for all major active and reserve component units. 

These updates also should present the solutions and timetables for 

procuring and distributing equipment and parts to address any 

identified shortages. 

ASSESSMENT OF ATTACKS ON U.S. AND COALITION FORCES

The Committee believes that the security of U.S. and coalition 

forces deployed in Iraq and Afghanistan and the success of the reconstruction efforts in both countries depend on a better understanding of the individuals or groups who are engaging in attacks 

on our forces. The Committee directs that within 60 days of enactment of this act, the Director of Central Intelligence shall submit 

a classified report to the House Permanent Select Committee on Intelligence, the Senate Select Committee on Intelligence, and the 

congressional defense committees, providing the intelligence community’s assessment based on the best available intelligence of 

what individuals, groups, or organizations are involved in such attacks on U.S. armed forces, coalition forces, and United Nations 

personnel in Iraq and Afghanistan. This report should also provide 

a judgment on how these individuals or groups are being organized, 

led, and financed. 

FISCAL YEAR 2004 APPROPRIATIONS REPORTING REQUIREMENTS

The Committee recommendation for supplemental funding is 

based on the best estimates available. The supplemental budget request was submitted by the President prior to the beginning of fiscal year 2004, and is intended to fully fund known and urgent requirements that cannot reasonably be met through the use of existing funds. By promptly considering this request, the Committee 

seeks to ensure critical support for our military forces in Iraq, Afghanistan, and elsewhere, as well as stabilizing funding for critical 

5

maintenance, readiness training, and base operations support at 

home stations. 

The Committee expects that as the year progresses the Department of Defense and the military departments will be able to provide actual fiscal execution information, and better, more refined 

projections of expected costs. Accordingly, the Committee directs 

the Secretary of Defense to submit to the congressional defense 

committees, no later than January 31, April 30, and July 31, 2004, 

a comprehensive financial analysis and update for fiscal year 2004. 

This report will detail both actual and projected obligation of appropriations provided in this Act and the Department of Defense 

Appropriations Act, 2004. 

CLASSIFIED PROGRAMS

Recommended adjustments to classified programs are addressed 

in a classified annex accompanying this report. 

MILITARY PERSONNEL 

The Committee recommends a total of $17,142,860,000 for the 

Military Personnel accounts, a decrease of $670,000,000 below the 

President’s request. Funds are provided for the incremental costs 

of pay and allowances of the active duty and Reserve components 

for personnel deployed overseas in support of Operation Iraqi Freedom, Operation Enduring Freedom, and Operation Noble Eagle. 

Funds are also provided for costs to cover Guard and Reserve mobilization, and personnel related costs for additional military personnel maintained on active duty above the normal strength levels 

and affected by military stop loss programs.

The Committee’s recommendation transfers funds from Military 

Personnel, Army to Operation and Maintenance, Army to support 

contracting for civilian security guards to replace Reserve component soldiers that are performing such security duty for Army installations. The Army has advised the Committee that this action 

would allow the Army to have equal protection at their installations, while permitting the demobilization of approximately 7,000 

to 10,000 reserve component soldiers. The adjustment to the Military Personnel accounts is shown below:

[In thousands of dollars] 

Request Recommendation Change from

request 

Military Personnel, Army: 

Pay and Allowances ..................................................................... 12,858,870 12,188,870 ¥670,000 

OPERATION AND MAINTENANCE 

The Committee recommends $39,879,623,000 for the Operation 

and Maintenance accounts, $490,000,000 below the amount requested by the President. Funds are provided for personnel support 

such as temporary duty allowances and specialized clothing and 

equipment. Incremental military operations support funding provides for incremental flying hours, ship steaming days, ground operations, special airlift, spare parts, logistics support and fuel. 

Funding also provides for incremental requirements in communications, base operations support, and morale welfare and recreation 

6

support. Adjustments to the Operation and Maintenance accounts 

are shown below:

[In thousands of dollars] 

Request Recommendation Change from

request 

Operation and Maintenance, Army: 

Depot Maintenance Transportation .............................................. 0 90,000 90,000 

Unit Level Maintenance ............................................................... 1,900,000 2,010,000 110,000 

SAPI Plates & Unexploded Ordnance Clearance ......................... 0 251,200 251,200 

Contract Guards ........................................................................... 0 500,000 500,000 

Theater Communications ............................................................. 0 72,000 72,000 

Coalition Provisional Authority (Note: These funds have been 

transferred to title II) .............................................................. 858,000 0 ¥858,000 

Operation and Maintenance, Navy: 

Military Operations Support ......................................................... 1,255,000 1,105,000 ¥150,000 

ATARS Insufficient Justification ................................................... 22,200 0 ¥22,200 

Operation and Maintenance, Air Force: 

Military Operations Support ......................................................... 5,220,400 4,870,400 ¥350,000 

Operation and Maintenance, Defense-Wide: 

Train and Equip ........................................................................... 200,000 100,000 ¥100,000 

Other (Reduction to classified programs) ................................... 1,141,900 1,108,900 ¥33,000

Emergency and extraordinary expenses ....................................... [15,000] 0 ¥15,000

DLA (DPAO technical correction) ................................................. 0 15,000 +15,000

The Committee has provided additional funding over the request 

for Army unit level maintenance (commonly referred to as 10/20 

maintenance), Army second destination transportation support for 

depot maintenance, and in support for theater-wide communications. In addition, the Committee has increased funding for Army 

units to purchase body armor Special Armor Plate Insert (SAPI) 

and to contract for the clearing of unexploded ordnance, two critical 

force protection items, and strongly encourages the Army to complete these requirements as soon as possible. The Committee’s recommendations for Navy and Air Force operation support/

OPTEMPO, are below the budget request as offsets to reduce risk 

in Army force protection and unit readiness. Finally, as discussed 

earlier in this report, the Committee transfers funding from Military Personnel, Army to Operation and Maintenance, Army to support contracting for civilian security guards to replace reserve component soldiers that are performing such security duty. 

ATARS 

The supplemental budget request included $22,200,000 for 

ATARS repairs and upgrades. The Committee recommendation includes no funding for ATARS. Supporting documentation inadequately addressed the requirement, providing the Committee with 

no clear understanding for the basis of the request.

PROCUREMENT 

The Committee recommends a total of $5,621,304,000 for various 

procurement appropriations. The following table provides a summary of the recommendation:

[In thousands of dollars] 

Request Recommendation Change from

request 

Missile Procurement, Army ................................................................... 6,200 0 ¥6,200 

Multiple Launch Rocket System .................................................. 6,200 0 ¥6,200 

7

[In thousands of dollars] 

Request Recommendation Change from

request 

Procurement of Weapons and Tracked Combat Vehicles, Army .......... 46,000 101,600 +55,600 

Paladin ......................................................................................... 2,400 0 ¥2,400 

Rapid Equip Force ....................................................................... 6,000 6,000 0 

Rapid Fielding Initiative .............................................................. 26,200 26,200 0 

Enhanced Separate Brigades ...................................................... 11,400 11,400 0 

APS–5 Replenishment .................................................................. 0 58,000 +58,000 

Other Procurement, Army ...................................................................... 930,687 1,250,287 +319,600 

Logistics Support Equipment ....................................................... 30,500 30,500 0 

C2 Equipment .............................................................................. 42,200 42,200 0 

Radio Frequency Identification Tags ........................................... 3,400 3,400 0 

Technical Collection (Guardrail) .................................................. 8,000 8,000 0 

Enhanced Separate Brigades ...................................................... 122,500 122,500 0 

Up-Armored HMMWVs .................................................................. 177,200 177,200 0 

Rapid Equip Force ....................................................................... 47,100 47,100 0 

Rapid Fielding Initiative .............................................................. 76,600 76,600 0 

Base Camp Housing Units .......................................................... 344,687 344,687 0 

Mobile Search Devices ................................................................. 12,600 12,600 0 

Basic Language Translation Service ........................................... 2,000 2,000 0 

Packbots ....................................................................................... 5,000 5,000 0 

Joint Tactical Terminals ............................................................... 41,100 41,100 0 

Joint Communications Support Element ...................................... 7,500 7,500 0 

Classified ..................................................................................... 10,300 10,300 0 

APS–5 Replenishment .................................................................. 0 190,600 +190,600 

Theater Stabilized Communications ............................................ 0 83,000 +83,000 

Portable Radio Jammers .............................................................. 0 46,000 +46,000 

Aircraft Procurement, Navy ................................................................... 128,600 158,600 +30,000 

E–2C Outer Wing Panels ............................................................. 1,500 1,500 0 

Aircraft Spares ............................................................................. 59,100 59,100 0 

EA–6B Outer Wing Panels ........................................................... 55,000 70,000 +15,000 

EA–6B Wing Center Section ........................................................ 0 15,000 +15,000 

F–18 Equipment .......................................................................... 13,000 13,000 0 

Other Procurement, Navy ...................................................................... 76,357 76,357 0 

C2 Equipment .............................................................................. 5,800 5,800 0 

OPN Spares .................................................................................. 27,200 27,200 0 

Explosive Ordnance Disposal Equipment .................................... 24,957 24,957 0 

Medical Support Equipment—Fleet Hospitals ............................ 13,200 13,200 0 

Global Broadcast Service (Shipboard) ......................................... 4,500 4,500 0 

Classified Program ...................................................................... 700 700 0 

Procurement, Marine Corps .................................................................. 123,397 123,397 0 

M88A2 Recovery Vehicle .............................................................. 8,300 8,300 0 

MK48 Light Armored Vehicle (LVS) Mod ...................................... 13,100 13,100 0 

Light Armored Vehicle .................................................................. 23,200 23,200 0 

AAV Reliability, Availability, Maintainability Upgrade ................. 78,797 78,797 0 

Aircraft Procurement, Air Force ............................................................ 40,972 53,972 +13,000 

War Consumables Recap ............................................................. 35,702 35,702 0 

Technical Collection (RC–135 and U2) ....................................... 0 13,000 +13,000 

Aircraft Common Support Equipment .......................................... 5,270 5,270 0 

Missile Procurement, Air Force ............................................................. 20,450 20,450 0 

Predator (Hellfire Missiles) .......................................................... 4,850 4,850 0 

Classified Programs ..................................................................... 15,600 15,600 0 

Other Procurement, Air Force ................................................................ 3,441,006 3,418,006 ¥23,000 

Theater Deployable Communications ........................................... 38,500 38,500 0 

Other Logistics Equipment .......................................................... 68,700 68,700 0 

Medical/Dental Equipment Losses ............................................... 13,665 13,665 0 

CPA Counter Intelligence Support ............................................... 3,810 3,810 0 

Replace Theater Communications ............................................... 85,000 85,000 0 

Aircraft Refueling Vehicles .......................................................... 25,000 25,000 0 

Support Equipment ...................................................................... 20,306 20,306 0 

All-purpose Remote Transport System ........................................ 1,500 1,500 0 

Technical Collection (RC–135 and U2) ....................................... 23,000 0 ¥23,000 

Red Horse Reconstitution ............................................................ 25,900 25,900 0 

Diego Garcia Vehicles .................................................................. 14,625 14,625 0 

Classified Programs ..................................................................... 3,121,000 3,121,000 0 

Procurement, Defense-Wide .................................................................. 435,635 418,635 ¥17,000 

MC–130P Quick Engine Change Kits (SOCOM) ........................... 13,800 13,800 0 

8

[In thousands of dollars] 

Request Recommendation Change from

request 

MH–53 Gearbox (SOCOM) ............................................................ 7,700 7,700 0 

Critical C4I Equipment (SOCOM) ................................................. 36,600 36,600 0 

SOF Soldier Systems (SOCOM) ..................................................... 23,800 23,800 0 

SOF Ammunition (SOCOM) ........................................................... 23,900 23,900 0 

SOF Intelligence Systems (SOCOM) ............................................. 13,100 13,100 0 

Psychological operations (PSYOP) Equipment (SOCOM) ............. 14,800 14,800 0 

Target Tracking and Locating Devices (SOCOM) ........................ 2,700 2,700 0 

Inflatable Antennas ..................................................................... 6,500 6,500 0 

CENTRIX ....................................................................................... 17,700 17,700 0 

Information Assurance ................................................................. 16,200 16,200 0 

Worldwide Base Stations ............................................................. 6,000 6,000 0 

NSC Date Replication (DISA) ....................................................... 3,900 3,900 0 

Iraq Communications Backbone (DISA) ....................................... 6,100 6,100 0 

CENTCOM Global C2 System (GCCS) Joint Hardware (DISA) ...... 1,500 1,500 0 

Improved Imagery Capability (NIMA) ........................................... 21,600 21,600 0 

Decontamination Equipment ........................................................ 8,000 8,000 0 

Collective Protection .................................................................... 17,535 17,535 0 

Classified Programs ..................................................................... 194,200 177,200 ¥17,000

Total, Procurement .................................................................. 5,249,304 5,621,304 +372,000 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT 

VEHICLES, ARMY 

ARMY PREPOSITIONED STOCKS

The Committee recommends an increase of $248,600,000 above 

the supplemental request for the purpose of replenishing Army 

prepositioned stocks, specifically material and equipment from 

APS–5 which was lost or washed-out during the conduct of Operation Iraqi Freedom. Of this amount, $58,000,000 is provided in 

Procurement of Weapons and Tracked Combat Vehicles, Army, and 

$190,600,000 is provided in Other Procurement, Army. 

OTHER PROCUREMENT, ARMY 

THEATER STABILIZED COMMUNICATIONS EQUIPMENT

The Committee is aware that the Army has an unfunded requirement to replace organic tactical communications equipment with 

equivalent, commercially available equipment to provide for theater 

communications requirements. Accordingly, the Committee recommends an increase of $155,000,000 above the supplemental request for Theater Stabilized Communications. Of this amount, 

$72,000,000 is provided in Operation and Maintenance, Army, and 

$83,000,000 is provided in Other Procurement, Army. 

AIRCRAFT PROCUREMENT, NAVY 

EA–6B REPAIR REQUIREMENTS

The Committee recommends an increase of $30,000,000 for EA–

6B repair requirements. The Committee understands the EA–6B 

aircraft has significantly increased its operational tempo in support 

of Operation Iraqi Freedom. As a result, the aircraft is experiencing increased fatigue cracking in the outer wing panels and the 

wing center section. Additional funds to replace the wing panels 

9

and accelerate replacement of the wing center section are required 

to preclude aircraft grounding and flight restrictions. 

AIRCRAFT PROCUREMENT, AIR FORCE 

TECHNICAL COLLECTION

The Committee recommends $13,000,000 for technical collection 

capabilities. The request erroneously included these funds in the 

Other Procurement, Air Force appropriation. Of this amount, 

$8,000,000 is provided for improvements to the U–2 and $5,000,000 

is provided for tracking capabilities for the RC–135. 

The Committee directs that none of the funds provided for the 

U–2 program may be obligated or expended until the Air Force 

submits the January 15, 2004 report on the U–2 as requested by 

Congress in the report (House Report 108–283) which accompanies 

the Department of Defense Appropriations Act, 2004. 

OTHER PROCUREMENT, AIR FORCE 

TECHNICAL COLLECTION

The Committee recommendation for ‘‘Technical Collection’’ is 

found in the Aircraft Procurement, Air Force appropriation. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

The Committee recommends a total of $268,887,000 for various 

Research, Development, Test and Evaluation appropriations. The 

following table provides a summary of the recommendation:

[In thousands of dollars] 

Request Recommendation Change from request 

Research, Development, Test and Evaluation, Navy ............................ 34,000 34,000 0 

Classified Programs ..................................................................... 34,000 34,000 0 

Research, Development, Test and Evaluation, Air Force ..................... 39,070 39,070 0 

Classified Programs ..................................................................... 39,070 39,070 0 

Research, Development, Test and Evaluation, Defense-Wide .............. 265,817 195,817 ¥70,000 

Classified Programs ..................................................................... 265,817 195,817 ¥70,000

Total, Research, Development, Test and Evaluation .............. 338,887 268,887 ¥70,000 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS 

The Committee recommends $600,000,000 for the Defense Working Capital Funds to cover unforeseen fuel price increases, the 

amount requested by the President. 

NATIONAL DEFENSE SEALIFT FUND 

The Committee recommends $24,000,000 for the National Defense Sealift Fund, the amount requested by the President. 

10

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

The Committee recommends $658,380,000 for Defense Health 

Program operation and maintenance costs, the amount requested 

by the President. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE 

The Committee recommends $73,000,000 for Drug Interdiction 

and Counter-Drug Activities, Defense, the amount requested by the 

President. The Committee strongly supports Department of Defense participation in attacking the Afghan drug problem, which 

generates funds for terrorists and extremists not only in Afghanistan but also throughout the region. The Committee is concerned, 

however, that plans to properly utilize these funds are still being 

developed and that justification material presented to the Congress 

lacks specificity. The Committee therefore directs that none of the 

funds provided in this account be obligated or expended until the 

Secretary of Defense provides the congressional defense committees 

with a report which at a minimum outlines the goals and objectives 

of this program; the extent to which the Department will partner 

with other DoD entities, other Federal Agencies, and foreign military and law enforcement agencies; an accounting of the appropriations to which these funds will be transferred; and a detailed analysis of the purposes for which these funds are to be used. 

RELATED AGENCIES 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 

The Committee recommends $21,500,000 for the Intelligence 

Community Management Account, the amount requested by the 

President. 

GENERAL PROVISIONS—THIS CHAPTER 

Section 1101 of the Committee bill amends a new general provision, proposed in the supplemental request, which provides the Secretary of Defense with $3,000,000,000 of transfer authority for 

funds provided in this chapter for the Department of Defense. 

Section 1102 of the Committee bill includes a new general provision, proposed in the supplemental request, which provides that 

funds appropriated in this Act for intelligence activities are deemed 

to be specifically authorized by the Congress. 

Section 1103 of the Committee bill includes a new general provision, proposed in the supplemental request, which continues existing authorities, which authorizes the payment of per diem for travel of family members of military personnel who are ill or injured 

as a result of service on active duty, and also authorizes the Department to provide civilian clothing for service members to wear 

during their hospital stay. 

Section 1104 of the Committee bill amends a new general provision, proposed in the supplemental request, which continues the increased monthly rates of Imminent Danger Pay and Family Separation Allowances through September 30, 2004. 

11

Section 1105 of the Committee bill amends a new general provision, proposed in the supplemental request, which allows available 

appropriations in the ‘‘Defense Emergency Response Fund’’ to be 

charged to any current appropriations account of the Department 

of Defense for the same purpose. 

Section 1106 of the Committee bill amends a new general provision, proposed in the supplemental request, which allows the Department to use operation and maintenance funds made available 

in this Act to provide supplies, services, transportation, and other 

logistical support to coalition forces supporting operations in Iraq. 

Section 1107 of the Committee bill amends a new general provision, proposed in the supplemental request, which allows the Department to use not to exceed $100,000,000 of the funds made 

available in this Act under ‘‘Operation and Maintenance, DefenseWide’’ for assistance to the new militaries of Iraq and Afghanistan, 

and provides that the Secretary of Defense shall notify the congressional defense committees not less than 15 days before providing 

such assistance. 

Section 1108 of the Committee bill includes a new general provision which limits the use of procurement and research, development, test and evaluation funds. 

Section 1109 of the Committee bill includes a new general provision which appropriates $413,300,000 to various appropriations accounts for repairs resulting from natural disasters, as discussed 

earlier in this report.

Section 1110 of the Committee bill includes a new general provision which allows the Department of Defense to use not to exceed 

$180,000,000 of the funds made available in this Act for operation 

and maintenance for the Commander’s Emergency Response Program in Iraq, and to establish a similar program for use in Afghanistan. 

Section 1111 of the Committee bill includes a new general provision which directs the Secretary of Defense to submit, within thirty 

days of enactment of this Act, a report describing an Analysis of 

Alternatives for replacing the capabilities of the existing Air Force 

KC–135 fleet. 

CHAPTER 2

DEPARTMENT OF HOMELAND SECURITY 

UNITED STATES COAST GUARD

OPERATING EXPENSES

The Committee recommends an additional $23,183,000 for ‘‘Operating Expenses’’ to repair damages the Coast Guard incurred during Hurricane Isabel. The entire amount is designated as a contingent emergency appropriation.

12

CHAPTER 3

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION 

MILITARY CONSTRUCTION, ARMY

The Committee recommends $185,100,000 for Military Construc- tion, Army, instead of $119,900,000 as requested by the President. 

The recommendation includes $119,900,000, as requested, to finance various military construction projects in support of U.S. 

troops in Iraq. These projects are as follows:’’

Location/facility Project description Cost 

Iraq: Baghdad International Airport ............................ Helicopter Pads and Aviation Taxiway ....................... $3,300,000 

Iraq: Baghdad International Airport ............................ Entry Control Points .................................................... 4,500,000 

Iraq: West Baghdad International Airport ................... Power Plant and Electrical Distribution ..................... 18,000,000 

Iraq: Balad Airfield ...................................................... Theater-wide Postal Distribution Facility ................... 7,000,000 

Iraq: Balad Airfield ...................................................... Power Plant and Electrical Distribution ..................... 16,000,000 

Iraq: Balad ................................................................... Base Camp Water Treatment Plant ............................ 9,800,000 

Iraq: Balad ................................................................... Base Camp Wastewater Treatment Plant .................. 6,000,000 

Iraq: Baghdad—Victory Base ..................................... Power Plant ................................................................. 7,600,000 

Iraq: Baghdad—Radwaniya Palace Complex ............. Sensitive Compartmented Information Facility .......... 6,000,000 

Iraq: Baghdad—Radwaniya Palace Complex ............. Joint Operations Center .............................................. 3,500,000 

Iraq: Baghdad—Radwaniya Palace Complex ............. Training Facility .......................................................... 2,200,000 

Iraq: Taji Military Complex .......................................... Power Plant and Electrical Distribution ..................... 16,500,000 

Iraq: Tikrit-Camp Speicher .......................................... Power Plant and Electrical Distribution ..................... 15,500,000 

Worldwide Various ....................................................... Planning and Design .................................................. 4,000,000

Total ............................................................... ..................................................................................... 119,900,000 

The recommendation also includes $65,200,000, not requested by 

the President, to repair facilities damaged by Hurricane Isabel at 

Fort Monroe, Virginia. Projects included in the recommendation 

are as follows:

Location/facility Project description Cost 

Virginia: Fort Monroe ................................................... Seawall and Pier Repair/Improvements ...................... $26,400,000

Virginia: Fort Monroe ................................................... Road/Revetment Repair/Improvements ....................... 3,900,000

Virginia: Fort Monroe ................................................... Utilities Repair ............................................................ 8,500,000

Virginia: Fort Monroe ................................................... Unspecified Minor Construction .................................. 23,000,000

Worldwide Various ....................................................... Planning and Design .................................................. 3,400,000

Total ............................................................... ...................................................................................... 65,200,000

MILITARY CONSTRUCTION, NAVY

The Committee recommends $45,530,000 for Military Construction, Navy. These funds, not requested by the President, are for facilities damaged beyond repair as a result of Hurricane Isabel. The 

recommendation includes $40,920,000 to replace the central chilled 

water plant at the United States Naval Academy, Maryland, and 

$4,610,000 to replace Building 3104, Lucas Hall, at Quantico, Virginia. 

MILITARY CONSTRUCTION, AIR FORCE

The Committee recommends $292,550,000 for Military Construction, Air Force, as requested by the President. This funding proVerDate jul 14 2003 05:52 Oct 15, 2003 Jkt 089811 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR312.XXX HR312
13

vides resources for various construction projects in support of Operation Iraqi Freedom and Operation Enduring Freedom, as follows:

Location/facility Project description Cost 

Delaware: Dover Air Force Base .................................. Airfreight Terminal ...................................................... $56,000,000 

Afghanistan: Bagram Air Base ................................... Aircraft Runway Repair ............................................... 48,000,000 

Diego Garcia: Diego Garcia ......................................... Communications Remote Switch Facility ................... 3,450,000 

Iraq: Balad Air Base .................................................... Aircraft Parking Ramp ................................................ 18,000,000 

Italy: Camp Darby ........................................................ Munitions Maintenance Storage and Wash Pad ........ 5,000,000 

Qatar: Al Udeid Air Base ............................................. Expand Tactical/Strategic Airlift Ramps .................... 20,000,000 

Qatar: Al Udeid Air Base ............................................. Refueler Ramp and Hydrant System .......................... 40,000,000 

United Arab Emirates: Al Dhafra Air Base ................. Aircraft Parking Apron and Hydrant Fuel System ...... 47,000,000 

United Arab Emirates: Al Dhafra Air Base ................. Temporary Cantonment Area ...................................... 15,300,000 

Worldwide Classified ................................................... Classified Project ........................................................ 17,500,000 

Worldwide Various ....................................................... Planning and Design .................................................. 22,300,000

Total ............................................................... ..................................................................................... 292,550,000 

FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

The Committee recommends $8,151,000 for Family Housing Operation and Maintenance, Army. Though not requested by the 

President, the Committee provides these funds to repair family 

housing units damages by Hurricane Isabel at Fort Monroe and 

Fort Lee, Virginia. 

FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND

MARINE CORPS

The Committee recommends $6,280,000 for Family Housing Operation and Maintenance, Navy and Marine Corps. Though not requested by the President, the Committee provides these funds to 

repair family housing units damaged by Hurricane Isabel at various locations in Virginia and North Carolina. 

FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

The Committee recommends $6,981,000 for Family Housing Operation and Maintenance, Air Force. Though not requested by the 

President, the Committee provides these funds to repair family 

housing units damaged by Hurricane Isabel at Langley Air Force 

Base, Virginia. 

GENERAL PROVISION—THIS CHAPTER

Section 1301 authorizes the Secretary of Defense to use operation 

and maintenance funds for unforeseen military construction requirements in support of Operation Iraqi Freedom or the Global 

War on Terrorism. This language was provided to streamline the 

process for approving operation and maintenance funds for emerging construction requirements. 

14

TITLE II—IRAQ AND AFGHANISTAN RECONSTRUCTION AND 

INTERNATIONAL ASSISTANCE 

CHAPTER 1 

DEPARTMENT OF JUSTICE 

LEGAL ACTIVITIES

GENERAL LEGAL ACTIVITIES

The Committee recommends $15,000,000 for ‘‘Salaries and Expenses, General Legal Activities,’’ for additional Civil Division expenses related to the administration of the September 11th Victims 

Compensation Program. 

DEPARTMENT OF STATE AND RELATED AGENCY 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING RESCISSION)

The Committee recommends $156,300,000 for costs related to increased diplomatic and border security, and to opening a mission 

in Iraq. The recommendation includes $109,500,000 for requirements related to the provision of consular services; $11,000,000 for 

increased security measures in Afghanistan; and $35,800,000 for 

costs associated with the reestablishment of a diplomatic mission 

in Iraq. The recommendation rescinds $35,800,000 provided under 

Public Law 108–11. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

The Committee recommends $43,900,000 for the costs of establishing a temporary embassy annex compound in Kabul, Afghanistan, to support embassy surge staffing requirements associated 

with the acceleration of assistance activities. 

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends $50,000,000 under this heading for 

anticipated costs of terrorism rewards. The Committee recommendation includes language allowing funds under this account 

to be transferred to, and merged with, the Diplomatic and Consular 

Programs account to maintain funding levels for the fiscal year 

2004 Border Security program. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

The Committee recommends $245,000,000 for assessed costs of 

United Nations peacekeeping in Liberia. 

15

RELATED AGENCY

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

The Committee recommends $40,000,000 to expand broadcasting 

efforts to Iraq, including the initiation of Middle East Television 

Network broadcasting to Iraq.

GENERAL PROVISION—THIS CHAPTER 

The Committee recommendation includes language waiving provisions of existing legislation that require authorizations to be in 

place prior to the expenditure of any appropriated funds. 

CHAPTER 2 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

The Committee recommends $40,000,000 for ‘‘Operating Expenses of the United States Agency for International Development’’, as requested by the President. The Committee has included 

language reserving these funds for support of relief and reconstruction in Afghanistan, including up to $13,000,000 for interim facilities required by the United States Agency for International Development in an expanded Embassy compound or elsewhere in Kabul. 

It is the Committee’s intention that Embassy facilities and vehicles 

funded by USAID be used primarily by USAID personnel, and to 

be available for other agencies only with the prior written concurrence of the USAID mission director in Kabul and, when feasible, 

on a reimbursable basis. 

Should U.S. military air transport remain scarce or unavailable 

to support reconstruction in Afghanistan, and to the extent required by security conditions in the field, a portion of this appropriation may be used for dedicated contract air service within Afghanistan and access neighboring countries. The Committee expects the Department of State Coordinator for Afghan Assistance 

and USAID to consult with it prior to obligating funds for this purpose. 

The Committee provides for operating expenses of USAID in Iraq 

elsewhere in this Chapter. 

OTHER BILATERAL ECONOMIC ASSISTANCE

IRAQ RELIEF AND RECONSTRUCTION FUND

(INCLUDING TRANSFERS OF FUNDS)

The Committee recommends $18,649,000,000, to remain available until September 30, 2005, for the ‘‘Iraq Relief and Reconstruction Fund’’ (the Fund). This figure represents a reduction of 

16

$1,655,000,000 below the request and an increase of 

$16,174,000,000 above the level provided in the fiscal year 2003 

Emergency Wartime Supplemental Appropriations Act when this 

account was created. The supplemental request proposed an appropriation of $20,304,000,000 to remain available until expended. 

The Committee recommended bill language provides allocations, 

as requested, for functional areas, such as health care, although 

some allocation categories have been modified for clarity. For example, the separate categories of public works and water resources 

have been combined into one category named ‘‘water resources and 

sanitation.’’ The Committee has not included requested language 

that allows unlimited funding reallocations or language that allows 

transfers to be made to any federal government activity. Instead, 

the Committee has included language allowing any allocation category to be reduced by up to 10 percent or increased by up to 20 

percent. Such transfers, if necessary, would be made subject to the 

standard notification procedures of the Committees on Appropriations. The Committee has included language, not proposed in the 

request, that provides for an annual spending plan for reconstruction programs for these allocations, including project-by-project detail. The plan must specify which United States agency (and relevant partners if applicable) is responsible for implementation of 

the projects. This plan is required to be submitted to the Committees on Appropriations not later than January 1, 2004, and is to 

be updated every 180 days thereafter. 

The Committee has reinstated bill language, currently in the fiscal year 2003 Iraq Relief and Reconstruction Fund but not included 

in the request, that specifies agencies that may receive apportionment from the Fund. Consistent with previous language, the Committee has again listed the Department of Defense, the Department 

of Health and Human Services, the Department of State, the Department of Treasury and the United States Agency for International Development. The Committee recommends adding the Coalition Provisional Authority (CPA) in Iraq to this list. The Committee has included bill language providing that up to 1 percent of 

the total appropriated for the Fund may be transferred to ‘‘Operating Expenses of the Coalition Provisional Authority’’ as well as 

bill language providing not less than $35,000,000 for the administrative expenses of the Department of State Bureau of International Narcotics and Law Enforcement Affairs and the United 

States Agency for International Development. The Committee has 

included new language that the Coalition Provisional Authority 

shall work, in conjunction with relevant Iraqi officials, to ensure 

that a new Iraqi constitution preserves full rights to religious freedom.

The reconstruction of Iraq is among the most important issues 

affecting United States foreign policy and security. The creation of 

a free, democratic, and economically prosperous Iraq is important 

to U.S. security, to winning the war on terrorism, and it is essential to stability and peace in the Middle East. 

Having won its military objectives in Iraq, the United States is 

faced with what may be an even more daunting challenge. Reconstructing an Iraq that has suffered from decades of tyranny, cruelty, mismanagement, and under-investment is a massive undertaking. The deplorable condition of Iraq’s basic infrastructure and 

17

the scope of reconstruction requirements have only fully come to 

light since the triumph of United States and United Kingdom 

Armed Forces. Holding free elections and empowering locally elected officials, providing dependable power, potable water, and access 

to health care, and creating a vibrant private sector—all present 

significant change and transformation of Iraqi society. 

The Committee strongly supports the efforts of the Administration and the CPA to reconstruct Iraq. The programs supported by 

the funding recommended in the Iraq Relief and Reconstruction 

Fund will make a substantial difference in the lives of the Iraqi 

people. Basic services, such as electricity, clean water, sewage 

treatment and disposal are urgently needed to give Iraqis hope for 

a better future. The creation of professional civilian police forces, 

border security forces, and a new Iraqi National Army is critically 

important to reducing violence, maintaining security and reducing 

reliance on American military personnel. As CENTCOM Commander General John Abizaid testified before the Committee on 

September 24, 2003, regarding the current request for reconstruction:

There is no strictly military solution to the problems we 

face * * * It requires that we move together on the political front, the economic front, on the reconstruction front 

in a manner that is synchronized and coordinated. If we 

don’t do that, I do not believe we can be successful. So you 

can pay the military to stay there, but you are only paying 

us to stay forever. 

The Committee recommendation of $18,649,000,000 represents a 

bold and balanced response to an urgent situation. The Committee 

assigns highest priority to security, and basic infrastructure such 

as electric power, water resources and sanitation, energy production and distribution, and health care. The Committee has not recommended funding programs that are not executable, are lower 

priority, or will likely be supported by other international donors 

and organizations such as the World Bank. The Committee is also 

concerned that sufficient attention should be given to the follow-on, 

recurring costs that will be incurred in future years as a result of 

programs funded under this Act.

The Committee recommends $3,243,000,000 for security and law 

enforcement, $50,000,000 less than the amount requested. Included 

in the recommendation is $950,000,000 for recruiting, training and 

equipping police forces in Iraq and providing a police training center with international trainers to improve professionalism and policing skills. The Committee recommendation provides the foundation for a modern civilian police force that respects the rule of law 

and human rights. $217,000,000 is provided to support border enforcement and facilities protection services. Similarly, the recommendation includes $2,076,000,000 for training, equipping, deploying and sustaining the new Iraqi Army and Civil Defense 

Corps. The Iraqi Army is being rebuilt to a force structure of 

40,000 personnel in 9 brigades (27 battalions) by August 2004. The 

Committee has not included $50,000,000 requested for buildings, 

equipment, and vehicles in support of Iraq’s traffic police. 

18

The Committee recommends $1,318,000,000 for Justice, Public 

Safety and Civil Society Infrastructure, $525,000,000 less than requested for programs making up this category. 

The Committee recommendation supports the creation of a professional justice system and judiciary, and it supports redress of 

the crimes perpetrated against the Iraqi people by Saddam Hussein 

and his regime. The recommendation provides $100,000,000 for investigations into crimes against humanity, such as the mass 

killings of innocent Iraqi civilians. The Committee also has provided $100,000,000 to support Iraqis who help Coalition forces fight 

terrorism and criminals through creation of a witness protection 

program. The Committee recommends $599,000,000 for public safety facilities, fire services, mine action, civil defense services, public 

safety facilities, and public safety training—a level that is 

$175,000,000 less than requested for this array of programs. The 

Committee supports these programs but does not believe the request can be fully executed by 2005. The Committee provides 

$100,000,000 for the National Security Communications Network, 

one of many networks requested by the CPA, which is $50,000,000 

less than requested. The Committee recommends $209,000,000 for prison and deten- tion facilities, a reduction of $300,000,000 from the amount requested. The Committee recommendation provides $99,000,000 for 

reconstruction and modernization of 26 adult and juvenile detention and prison facilities, which should increase capacity to 19,700 

beds. The Committee also has included $100,000,000 for a new 

prison, approximately the amount needed to build a medium security prison in the United States. The Committee notes that about 

half the cost of prison construction is attributable to labor, and the 

cost of manpower in Iraq is significantly below the prevailing rates 

in the United States. Accordingly, the Committee does not approve 

the $400,000,000 requested to build two prisons at $50,000 per bed 

as proposed by the CPA. The Committee recommends $5,560,000,000 to repair, rehabilitate and procure electric generation and distribution infrastructure 

in Iraq. The recommendation is $115,000,000 less than the amount 

requested. The Committee notes that United States Agency for 

International Development, working in support of the CPA, already 

has made significant, intensive efforts to repair electric power production and transmission capability. Nevertheless, Iraq’s electric 

generating capacity is around 3,600 megawatts, still below pre-conflict levels. The Committee recommendation should enable Iraq to 

increase electric power production to 7,000 megawatts by 2005. 

Among other investments in this sector, the Committee recommendation provides for: (1) rehabilitation of existing power stations and provision of spare parts; (2) installation of new gas turbine power stations, and (3) construction of new thermal power stations. The Committee has not recommended $25,000,000 which the 

request describes as necessary for ‘‘institution strengthening’’ for 

providing consultants, developing a master plan for continued development, and rehabilitating buildings. This request duplicates a 

number of other similar requests included in the overall submission. 

The Committee recommends $2,100,000,000, the same as requested, for rebuilding Iraq’s oil infrastructure and procurement of 

19

emergency stocks. CPA’s strategy for Iraq’s economic viability and 

Iraq’s ability to finance its own government and governmental programs, including the various security forces mentioned earlier in 

this section, are dependent on the petroleum industry’s recovery 

and growth. The recommendation provides for continued investment in Iraq’s oil infrastructure and oil production and refinement 

capacity. It builds upon progress that has been made since April 

2003. Included is $900,000,000, as requested, for procurement and 

distribution of refined products such as kerosene, used for heating, 

and Liquefied Petroleum Gas used by many Iraqis for cooking. 

These funds will enable the CPA to provide these products and 

help sustain the population through the upcoming winter until incountry refining capacity and stocks recover. The Committee recommends $4,332,000,000 for water resources 

and sanitation, $253,000,000 below the request. Included in the 

recommendation is $2,830,000,000, the amount requested, to increase access to potable water across urban and rural areas in Iraq. 

$30,000,000 is recommended to reduce water losses by repairing 

water distribution networks, which should reduce water loss from 

60 percent to 40 percent. $697,000,000, as requested, is included 

for increasing access to sewage services for Iraq’s population. Current waste water treatment across Iraq is estimated to cover only 

6 percent of the population. The treatment of polluted wastewater 

also is a health issue; these improvements are needed to combat 

disease and stem Iraq’s high child mortality rate. The recommended level should enable almost one million Iraqis to gain access to wastewater treatment services. 

Also included in the recommendation is $775,000,000 for water 

resource projects, such as irrigation projects, pumping stations, 

dam repair and rehabilitation, and flushing of polluted channels in 

Basra. 

The Committee does not recommend $153,000,000 requested for 

improving solid waste management programs, including the procurement of 40 trash trucks at $50,000 each. Solid waste disposal 

and management are important issues. However, the Committee 

notes that there is no shortage of vehicles in Iraq for hauling garbage, and the creation of new landfills and recycling programs/

plants is not a problem that must proceed in this first year of reconstruction. 

The Committee recommendation does not provide $100,000,000 

for environmental restoration projects. The Committee believes 

these marsh restoration projects have great merit both environmentally and politically, but the $100,000,000 request is likely a 

small part of the total cost of restoring and significantly restructuring the water flows in these areas. Further, these projects are 

among those most likely to be funded by other international donors. 

The Committee recommendation provides $500,000,000 for transportation and communications projects, $335,000,000 below the 

supplemental request. The Committee recommendation provides 

$45,000,000 to complete the modernization of the Port of Um Qasir, 

and assigns priority to investments needed for aviation safety at 

Basra International, Baghdad International, and other airports in 

Iraq. The Committee supports reopening of Basra International 

Airport on a priority basis. 

20

The Committee questions a number of projects proposed in this 

category of the request, such as the need to build parking lots and 

‘‘cosmetic improvements’’ at airports. The Committee has not provided $4,000,000 requested for a nationwide telephone numbering 

scheme, $9,000,000 for postal information architecture and zip 

codes and $10,000,000 to modernize the business practices of the 

Iraqi television and radio industry. The Committee questions 

whether the U.S. government—versus the private sector—must 

fund the numerous telecommunications projects and information 

technology improvements requested. 

The Committee recommends $370,000,000 for roads, bridges and 

construction, $100,000,000 below the level requested. The recommendation includes $130,000,000 for public buildings supporting 

Iraqi Ministries, minor construction and refurbishment projects. 

$240,000,000 is recommended for repair and modernization of 

roads and bridges, including railroad bridges. The Committee recommendation does not include the $100,000,000 requested by the 

CPA to build seven housing communities, totaling 3,528 housing 

units, a place of worship and other community facilities. 

The Committee recommends $793,000,000 for health care programs, $57,000,000 below the supplemental request. The Committee recommendation provides $493,000,000, $100,000,000 more 

than requested, to refurbish and modernize medical clinics, primary health care services, and hospitals throughout Iraq. The 

Committee recommendation will allow the rehabilitation of all 240 

hospitals, 5 regional and maternal and pediatric referral centers, 

and 1,000 of the nation’s 1,200 primary health care clinics. The 

Committee recommendation provides $300,000,000 as requested to 

repair and procure medical equipment for Iraq’s hospitals and 

health care clinics. 

The Committee recommendation does not provide $150,000,000 

to initiate a new $500,000,000 to $700,000,000 children’s hospital 

in Basra. The Committee recommendation does not provide an additional $7,000,000 to facilitate partnerships between American 

and Iraqi health care organizations and centers. The Committee 

strongly supports such partnerships and believes that they can be 

undertaken when security permits without this additional federal 

funding. 

The Committee recommends $153,000,000 for the private sector 

development function, $200,000,000 less than requested. The Committee recommendation supports on-the-job training programs, and 

computer literacy training, vocational training and English language training. In connection with this request, the Committee recommends that the CPA examine the successful computer literacy 

program that the Kingdom of Jordan has developed, including the 

successful ‘‘NetCorps’’ program, which brings the Internet and computer training to rural Jordanian communities.

The Committee has not provided $200,000,000 to create an 

American-Iraqi Enterprise Fund. The Committee believes that it 

would be premature to establish a fund at this time and notes that 

the conditions that promoted the unique success of the PolishAmerican Enterprise Fund do not exist in Iraq. The Committee recommends, to avoid duplication, any future enterprise fund in Iraq 

should be coordinated, if not overseen, by the Department of State’s 

21

Middle East Partnership Initiative (which is considering an enterprise fund for the Middle East and North Africa). The Committee recommends $280,000,000 for education, refugees, human rights, democracy, and governance programs. The recommended funding level is $20,000,000 below the request. The 

Committee recommendation provides $95,000,000 for migration 

and refugee assistance, $30,000,000 for resolving property ownership disputes, and $30,000,000 for helping Iraq create a modern 

banking system. The recommendation provides $15,000,000 for: (1) 

research and documentation on atrocities conducted by Saddam 

Hussein; (2) funding to strengthen local capacity on exhumations 

and family assistance, and (3) support of the Human Rights Ministry. Finally, $10,000,000 is recommended to support women’s pro- grams, $10,000,000 for civic education and youth programs, and 

$90,000,000 for education. The recommendation does not provide 

$90,000,000 requested to provide Public Information Centers in 

Iraq’s 266 municipalities, and $20,000,000 in catch-up business training, a four-week course at $10,000 per pupil. The Committee 

believes that effective business training can be provided at much 

lower cost, such as a number of successful USAID programs operated in Southeastern Europe. 

The Committee believes that restoration of the agricultural sector is absolutely essential for economic recovery in Iraq. Increased 

domestic Iraqi food production, processing, and marketing would 

greatly improve employment and self-sufficiency, and would decrease reliance on international food aid and commercial importation of commodities. Therefore, the Committee supports increased 

efforts through the Coalition Provisional Authority in support of 

training and outreach efforts to benefit the Iraqi domestic agricultural sector. 

With respect to the bill language in the Fund regarding religious 

freedom, the Committee expects that the President will report to 

the appropriate Committees of the Congress, on efforts by the CPA 

and relevant Iraqi officials to ensure that the Iraqi constitution 

preserves religious freedom. 

OPERATING EXPENSES OF THE COALITION PROVISIONAL AUTHORITY

The Committee recommends $858,000,000 for ‘‘Operating Expenses of the Coalition Provisional Authority’’ under this new heading, instead of providing the same amount for administrative costs 

of the Coalition Provisional Authority (CPA) in Iraq, within the 

total amount under the heading ‘‘Operation and Maintenance, 

Army’’ as requested in the Supplemental request. 

The Committee takes note of the outstanding job that Ambassador L. Paul Bremer and his staff have performed on behalf of 

both the American and Iraqi people. Ambassador Bremer, the CPA 

employees and the men and women from various federal agencies 

supporting the CPA and Iraq’s reconstruction have labored under 

the most difficult of circumstances. 

The CPA currently oversees the reconstruction of Iraq, especially 

the non-military programs described in the Iraq Relief and Reconstruction Fund section of this report, from building waste water 

treatment systems to renovating health care centers to training 

law enforcement officials to providing computer training for Iraqi 

youth. The CPA is empowered with managing the largest entire 

22

amount of U.S. foreign assistance provided to the rest of the world. 

The CPA developed the $20,304,000,000 Iraq assistance request 

currently before the Committee, and it may well administer much 

of the amount that is appropriated in this Act. 

The Committee recommendation acknowledges CPA’s leadership 

and role. The Committee applauds the CPA for recently establishing a presence in Washington DC, and expects to be kept updated on the progress of reconstruction efforts, roles and missions 

of supporting agencies, and implementation of programs funded by 

this Act. 

However, the Committee notes that during the past six months, 

it has been difficult for the Congress and the Appropriations Committees to get current and specific information about reconstruction 

activities in Iraq, with the exception of information from the 

United States Agency for International Development. The Committee has continued to ask the CPA and Administration detailed 

questions about the $20,304,000,000 request; many have gone unanswered. 

The Committee notes that the transparency is crucial for ensuring efficient, accountable reconstruction activities in Iraq. To this 

effect, this recommendation provides for the first time a direct operating appropriation for the CPA, and, under the Iraq Relief and 

Reconstruction Fund, the organization is given the authority to receive direct apportionment of program/project funds. 

The Committee recommendation does not alter the reporting relationship of Ambassador Bremer to the President through the Secretary of Defense. However, it does further transparency by clarifying the operational cost of the United States’ reconstruction effort 

in Iraq as part of U.S. foreign assistance, and the scope of the nonmilitary reconstruction efforts. It acknowledges that the American 

people have a right to know the cost of maintaining a 3,700-person 

activity. It also should improve the flow of information to Congress 

and, thus, Congressional oversight of foreign assistance. 

Since the CPA is less than a year old and it is possible that the 

organization could require additional operational resources during 

this year, the Committee also has included bill language in the 

Iraq Relief and Reconstruction Fund that provides authority, if 

needed, to transfer up to 1 percent, or an additional $186,490,000 

from the Fund for CPA’s operating expenses. 

ECONOMIC SUPPORT FUND

The Committee recommends $872,000,000 for the ‘‘Economic 

Support Fund.’’ The recommendation is $450,000,000 above the request, primarily for reconstruction in Afghanistan. The recommended increase is fully offset by proposed reductions in the request for Iraq reconstruction, and, thus, does not result in a net increase above the overall request. These funds would remain available for obligation until December 31, 2004. 

The recommendation reserves $672,000,000 for accelerated assistance for Afghanistan instead of $422,000,000 as requested. The 

Committee notes the increasing terrorist activity against the Government of Afghanistan, international Coalition forces, and private 

non-governmental organizations providing relief and reconstruction 

assistance within Afghanistan, and concludes that the pace of reconstruction, as well as that of security assistance provided elseVerDate jul 14 2003 05:52 Oct 15, 2003 Jkt 089811 PO 00000 Frm 00022 Fmt 6659 Sfmt 6602 E:\HR\OC\HR312.XXX HR312
23

where in this Chapter, must respond to the deteriorating security 

conditions, especially in the southern and eastern provinces of Afghanistan. 

After considering reports from several field reviews in Afghanistan by Committee members and professional staff, the Committee 

fully supports most of the urgent programs included in the budget 

justification for Afghanistan civil reconstruction, including roads, 

education, health, power generation/private sector development, 

and provincial reconstruction teams. The State Department Coordinator of Assistance to Afghanistan and the Administrator of 

USAID are requested to provide the Committee not later than December 5, 2003, a fiscal year 2004 strategic and financial plan, including projected quarterly obligations by sector and major project 

(in excess of $250,000), for all reconstruction and security activities 

in Afghanistan undertaken with funds provided by this Act and 

prior Appropriations acts. The Committee recommends $191,000,000 for major and provincial roads, an endeavor that is critical to both economic development and security in Afghanistan. The Committee commends those 

engaged in the challenging project to reconstruct and pave the 

major Kabul-Kandahar road by the end of 2003, recognizes the dire 

security threat from neo-Taliban forces along its route, and urges 

United States Armed Forces in Afghanistan to increase surveillance of the construction areas and support for the private and Afghan national police security forces protecting the Kandahar road. 

The additional funding will sustain the momentum of the KabulKandahar project, by financing secondary and tertiary road development, primarily in the previously neglected southern and central 

regions, through the Afghan-led National Emergency Employment 

Program and UNOPS, and, with other international donors, by expanding primary road construction from Kandahar toward Herat. 

The Committee recommendation provides an additional $95,000,000 for schools and education in Afghanistan, $55,000,000 

above the request. The Committee has promoted Afghan education, 

especially for girls, for many years, even during the period of Soviet 

and Taliban control. The Ministry of Education is doing a better job 

of coordinating the numerous foreign donor projects and developing 

a strategy that can maximize use of future funding. The additional 

funding will support more extensive teacher training and special 

efforts to accelerate learning and jump-start schooling opportunities for the 10- to 30-year-old Afghan whose education was interrupted or prevented by 23 years of war. 

The Committee recommends $95,000,000 for private sector development and power generation, $50,000,000 above the request. The 

Committee recommendation supports market centers-industrial 

parks, land titling, natural resources assessment and power generation projects. The Committee recommendation does not include 

$10,000,000 for a venture capital fund. The Committee recommendation provides $65,000,000 to repair, rehabilitate and procure electric generation and distribution infrastructure in Afghanistan. In addition to the power requirements of Kabul already requested, the Committee has provided additional funds to rehabilitate and increase power generation from the Kajaki Dam facility 

that is essential to successful reconstruction in the politically sensitive Kandahar and Helmand provinces. Also, the Coordinator 

24

should consider installing mini-hydro or more reliable thermal generators in regional towns adjacent to the provincial reconstruction 

team locations. 

The Committee recommends an additional $70,000,000 for sup- port to the Government of Afghanistan (GoA), $33,000,000 above 

the request. Demonstrating to the Afghan people that their central 

government is capable of providing security and minimal services 

to them is key to the establishment of a stable Afghanistan that 

is able to resist terrorist incursions. To accomplish this, the Government must collect sufficient revenues and pay salaries to its 

military and civilian officials. Of the recommended $70,000,000, not 

less than $25,000,000 will meet key GoA infrastructure needs, especially telecommunications between Kabul and the provinces. The 

Ministry of Finance will use not less than $10,000,000 to improve 

customs collections at Afghanistan’s 11 official border posts and remitting of customs to the ministry on a timely basis. An indeterminate amount will be needed to augment other donor contributions 

to an international trust fund to pay government salaries until economic growth increases government revenue sufficiently to meet 

salary costs. If official payrolls are missed, the anticipated 2004 

elections will be threatened. 

The Committee recommends $69,000,000 for elections and improved governance in Afghanistan, $12,000,000 above the request. 

As no recent census is available for Afghanistan, registration of 

voters prior to the summer, 2004, elections called for by the 2001 

Bonn Accords will be difficult and costly. Public education of voters 

and the promotion of powerful, unarmed civil voices require outside 

financial support in 2004. In governance, the Committee recommends that activities be undertaken to promote private investment and trade capacity building. 

In order to limit the number of costly United States expatriate 

advisors in Kabul, the Committee has included bill language limiting the amount available for additional technical expert positions 

and the number of senior advisors paid from funds made available 

by this Act or by prior Appropriations acts. This provision does not 

apply to the dozens of U.S. officials required to design and manage 

a massive Afghanistan assistance program, the actual number of 

which is presently insufficient due to Embassy allocation of scarce 

housing and office space to other purposes. The Committee urges 

the Department of State and USAID to continue to resolve this situation, and keep it fully informed of progress toward deploying an 

adequately staffed Mission in Kabul. 

The Committee recommendation provides $50,000,000, as requested, for projects directly involving requirements identified by 

provincial reconstruction teams (PRTs) in eight to twelve provinces. 

As requested earlier by the Committee, Congress was notified in 

September of the intent to obligate an initial $10,000,000 for the 

PRTs. Although several of the PRTs are commanded by Coalition 

forces, such as the United Kingdom and New Zealand, each is expected to include USAID and State officials who will have a major 

voice in allocating U.S. assistance funds for small projects that will 

directly benefit local populations who are not helped by current reconstruction efforts. The PRT concept is based on expansion of security throughout Afghanistan, but each is also prepared to assist 

local oversight of assistance managed by the USAID Mission in 

25

Kabul, complement DoD humanitarian assistance, and support expansion of central Government of Afghanistan services. The Committee notes that successful implementation of the innovative PRT 

concept is contingent on timely transportation and security support 

by Kabul-based civilian and military authorities. 

The Committee recommends an additional $49,000,000 for health 

services in Afghanistan, $21,000,000 above the request. These 

funds will support the construction of more than 90 health clinics, 

enabling more than 3 million additional rural Afghans gain access 

to a basic health delivery system. If a permissive security situation 

is extended throughout all of Afghanistan during 2004, the additional health and road funds will accelerate achievement of the objective of bringing all Afghans within 4 hours’ travel of a health 

clinic. 

The Committee recommendation provides an initial $30,000,000 

for disarmament, demobilization and reintegration (DDR) projects, 

$30,000,000 below the request. The Committee notes that Japan 

has already provided full funding for the initial pilot projects in 

Northern Afghanistan that will help determine the feasibility of 

DDR projects prior to the training and deployment of a multi-ethnic Afghan National Army that is firmly under civilian Afghan control. The Committee believes that Japan and other donors will 

make additional contributions to DDR projects if the pilot effort is 

a success and is replicable in other regions. 

The Committee also recommends that $23,000,000, not included 

in the request, be provided for water projects in Afghanistan. Because of the essential role of irrigation in agriculture, and the lack 

of potable water in many urban areas and small towns, the Committee requests USAID to report not later than January 15, 2004 

on the feasibility of expanding rural and urban water projects in 

Afghanistan. 

The Committee takes note of the outstanding jobs that Ambassador William B. Taylor and Major General Karl Eikenberry, their 

staffs and their colleagues in Afghanistan have performed on behalf of both the American and Afghan people. As coordinators of civilian and security assistance for Afghanistan, both officials and 

the men and women of USAID, the Departments of Defense and 

State and other federal agencies supporting the Embassy in Kabul 

and Afghanistan’s reconstruction have labored under the most difficult of circumstances. The Committee acknowledges the important role of non-governmental organizations operating in Afghanistan. 

As the cooperation of the Government of Pakistan is vital to 

United States and Coalition efforts to build a stable Afghanistan, 

the Committee has agreed to language proposed by the President 

to allow up to $200,000,000 from ‘‘Economic Support Fund’’ to be 

made available for the subsidy cost of modifying direct loans and 

guarantees previously issued for Pakistan. The recommendation includes the $200,000,000, subject to a determination by the President that the Government of Pakistan is fully cooperating with the 

United States in the global war on terrorism. 

26

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

(INCLUDING TRANSFERS OF FUNDS)

The Committee recommends $100,000,000 for International Disaster and Famine Assistance, especially for Sudan and Liberia, instead of $100,000,000 for a new ‘‘Emergency Fund for Complex Foreign Crises’’ as requested by the President. Thus, this recommendation does not result in a net increase above the request. 

As other funds are available to respond to natural disasters 

abroad, the Committee recommendation limits the circumstances 

under which these funds may be obligated to those where the 

President determines that the proposed United States response to 

a complex foreign crisis is in the national interest and essential to 

efforts to reduce international terrorism. The Committee anticipates that these funds may be required for assistance to Sudan and 

Liberia. 

The Committee has included a provision authorizing the transfer 

of up to one percent of certain other funds to this account. All proposed obligations made available under this heading are made subject to the regular notification procedures of the Committees on Appropriations. 

DEPARTMENT OF STATE 

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

The Committee recommends $170,000,000 for ‘‘International 

Narcotics Control and Law Enforcement’’, $50,000,000 more than 

requested for accelerated assistance for Afghanistan. The recommended increase is offset by proposed reductions in the request 

for Iraq reconstruction, and, thus, does not result in a net increase 

above the overall request. These funds would remain available for 

obligation until December 31, 2004. 

The Committee is gravely concerned about the increasing terrorist activity against the Government of Afghanistan and private 

non-governmental organizations providing relief and reconstruction 

assistance within Afghanistan. The capacity of Afghan security 

forces to protect their own government and international reconstruction efforts must be expanded as rapidly as feasible, and the 

increased funding responds to that urgent requirement. 

The Committee also notes reports of the pervasive dependence of 

regional economies in Afghanistan on opium cultivation and narcotics trafficking. The Committee notes the leadership role of Germany, the United Kingdom and Italy in the police training, 

counter-narcotics and judicial reform sectors, respectively, and encourages each of these Coalition members to accelerate its assistance efforts in Afghanistan. 

In order to respond to this rapidly evolving situation, the Com- mittee is providing $160,000,000 to accelerate the training and 

equipment of the Afghan National Police and Border Police and to 

increase counter-narcotics law enforcement capacity. In addition, 

$10,000,000 is provided for the training of prosecutors, court officers and the Afghan judiciary. The Committee intends that all assistance to Afghanistan be conducted on a basis of non-discrimination among its ethnic groups and include special emphasis on the 

rights of women and minorities. 

27

NONPROLIFERATION, ANTI-TERRORISM, DEMINING, AND RELATED

PROGRAMS

The Committee recommends $35,000,000 for ‘‘Nonproliferation, 

Anti-Terrorism, Demining and Related Programs’’. This level is the 

same as the request, and would support anti-terrorism training 

programs and equipment needs in Afghanistan, to continue the 

work of disarming the staggering number of mines throughout the 

country, and to provide in-country support for the protection of Afghan President Karzai. 

MILITARY ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

The Committee recommends $297,000,000 for ‘‘Foreign Military 

Financing Program’’, $75,000,000 more than requested for accelerated security assistance on a non-repayable basis for Afghanistan. 

The recommended increase is offset by proposed reductions in the 

request for Iraq reconstruction, and, thus, does not result in a net 

increase above the overall request. These funds would remain 

available for obligation until September 30, 2004. 

As mentioned earlier in this Report, the Committee is gravely 

concerned about the increasing terrorist activity against the Government of Afghanistan and the international Coalition. The rapid 

training and deployment of an ethnically balanced, professional national army for Afghanistan is essential to the success of Coalition 

efforts to promote a stable and peaceful Afghanistan. 

The Committee encourages the President, the Secretary of State 

and the Secretary of Defense to continue to remind the Government of Afghanistan that United States military assistance is provided to build a new Afghanistan army that is professional, multiethnic, and loyal to the civilian leadership in the central government. Failure of the Government of Afghanistan to continue moving rapidly toward this common objective should not be rewarded 

with continuing military assistance by any agency of the United 

States Government to armed militias or army units that do not 

share these objectives.

To this end, the Committee requests the Secretary of Defense, in 

consultation with the Secretary of State, to provide it with periodic 

reports on the progress of the new Afghan army. The reports may 

include such matters as the Secretaries may determine, but include 

an evaluation of professional development, ethnic and regional balance, including data on retention rates by ethnic and regional origin, coordination with Coalition provincial reconstruction teams, 

and responsiveness to central civilian leadership of the Government of Afghanistan. The initial report should also fully identify 

the major prime and major sub-contractors participating in the foreign military financing and similar programs in Afghanistan in fiscal years 2003 and 2004, describe the contractual arrangements 

with each, including whether or not they were made on a fully competitive basis, and, if not, the reasons for a limited competition or 

sole source award; and the actual and proposed obligations for 

each. For the purposes of this report, a ‘‘major’’ contract is one in 

28

excess of $250,000. The initial report should also detail and evaluate training and support for the new Afghan army that has been 

or is anticipated to be provided by international Coalition members. Reports should be provided to the Committees on Appropriations and foreign affairs through the Office of Management and 

Budget not later than December 5, 2003, March 5, 2004, and July 

9, 2004. 

PEACEKEEPING OPERATIONS

The Committee recommends $50,000,000 for ‘‘Peacekeeping Operations’’. This level is the same as the request, and would support 

multilateral peacekeeping needs in Iraq and Afghanistan. 

GENERAL PROVISIONS—THIS CHAPTER 

The task before the United States in Iraq and Afghanistan is formidable, and amounts to laying the groundwork for entire governments. The Committee remains mindful that the President must 

have flexibility in order to address the often rapidly changing situations in these countries. However, the authorities requested by 

the President to move money among accounts are nearly without 

limit. The Committee has not approved several provisions, and 

modified several others, in order to increase transparency and accountability of the use of funds for the reconstruction and stabilization of Iraq and Afghanistan. 

For instance, the Committee recommendation does not include a 

general provision requested by the President that would have allowed transfers among international assistance programs in the 

supplemental request in an amount not to exceed $200,000,000. 

Existing provisions of law under the Foreign Assistance Act and 

annual acts making appropriations for foreign operations, export financing, and related programs already provide sufficient authority 

to transfer funds. 

The Committee recognizes that debt incurred under the Hussein 

regime presents a potential challenge to the country’s development. 

However, this supplemental appropriation request is intended to 

meet emergency needs, and the Committee is of the opinion that 

paying foreign debtors out of United States funds is not among 

those needs. The Committee includes a new general provision, section 2201, that prohibits the use of funds appropriated in this Act, 

or in the 2003 Iraq Supplemental Appropriations Act (P.L. 108–11), 

to be used to pay for any debt entered into by the Iraqi government 

before the defeat and overthrow of Saddam Hussein. The provision 

pertains to all public and private lenders including international financial institutions. The Committee strongly opposes the use of appropriations to repay any credit extended to the repressive regime 

of Saddam Hussein. Nothing in this provision, however, should be 

construed as discouraging the Departments of State and Treasury 

from working with lenders in reducing and restructuring Iraq’s 

debt burden.

The Committee has been concerned for some time with the lack 

of transparency with which several contracts have been let for Iraq. 

In its fiscal year 2004 Foreign Operations, Export Financing and 

Related Programs bill, the House of Representatives included a 

29

provision requiring full and open competition in Iraq reconstruction 

contracts. 

It is in the best interests of most involved, including the U.S. 

business sector and the Iraqi people, to use open and full competition for all but a very limited number of contracts. For situations 

in which ensuring such competition might be inappropriate—such 

as in cases of emergency—the Committee believes that existing federal regulations allow for adequate flexibility. 

Therefore, the Committee includes language in sections 2202 and 

2203 to limit the use of non-competitive contracts in the ‘‘Iraq Relief and Reconstruction Fund’’ in this Act and from funds under the 

same heading in Public Law 108–11. This language preserves the 

prerogative of the President to waive the requirement for full and 

open competition in certain circumstances, as outlined in applicable 

federal procurement regulations. The provisions require that the 

executive branch provide Congress and the public with notification, 

with some allowance for classified material, when this prerogative 

is exercised, and with an explanation for its use.

In section 2204, the Committee recommends language to extend 

to September 30, 2005, authorities provided in section 1503 of Public Law 108–11 to suspend relevant provisions of the Iraq Sanctions 

Act and to make inapplicable to Iraq certain provisions of law that 

restrict assistance to countries that support terrorism. The President requested that section 1503 be made permanent. Additionally, 

the Committee amends the section to make Committee intent clear 

on the export of military equipment. In section 2205, the Committee amends Section 1504 of Public Law 108–11 to allow the export of small arms to Iraq. This was addressed by the Administration in its request for amending section 1503. 

The Committee has included language in section 2206 that increases the cumulative value of military equipment that the Department of Defense may provide to Afghanistan from 

$300,000,000 to $450,000,000. 

Other general provisions that the Committee includes are of a 

more technical nature. For instance, the Committee recommendation includes a provision (section 2210) as requested by the President that would allow the appropriations requested in this chapter 

to be made available without specific authorization. 

The Committee also recommends language in section 2211 that 

allows the Overseas Private Investment Corporation to operate in 

Iraq notwithstanding any other provision of law. The Committee 

supports OPIC programs in Iraq, and therefore the Committee has 

provided language to waive existing requirements that the President enter into agreements with a host country government before 

opening and operating insurance and guaranty programs. However, 

the Committee does not expect that OPIC’s authority will be exercised to waive other existing statutory requirements including longstanding Congressional mandates; therefore, the Committee has 

made the exercise of such authority subject to the regular notification procedures of the Committees on Appropriations. 

TITLE III—GENERAL PROVISIONS—THIS ACT 

Section 3001 limits the availability of funds provided in this Act 

to the current fiscal year, unless otherwise provided in the Act. 

30

Section 3002 states that none of the funds in this or any other 

Act may be used for any defense or reconstruction activities in Iraq 

or Afghanistan coordinated by any officer of the United States Government whose office is not subject to appointment by the President by and with the advice and consent of the Senate. 

Section 3003 concerns Impact Aid eligibility for certain students. 

Section 3004 states that none of the funds in this Act may be 

provided to any unit of the security forces of a foreign country participating with coalition forces in Afghanistan or Iraq if the Secretary of State or the Secretary of Defense has credible evidence 

that such unit has committed gross violations of human rights, unless the appropriate Secretary determines and reports to the Committees on Appropriations that the government of such country is 

taking effective measures to bring the responsible members of the 

security forces to justice. 

Section 3005 would prohibit the use of funding in this or any 

other appropriations Act to execute any program that would remove Mexican citizens or nationals by land from the United States 

by returning them to a location other than the United States port 

of entry closest to the location where they were apprehended, last 

imprisoned, or acquitted. The Secretary may waive this provision 

if compliance is determined to be infeasible and notification is provided to the Committees on Appropriations and the Judiciary of the 

House of Representatives and the Senate. 

Section 3006 would prohibit the use of funding in this or any 

other appropriations Act for the issuance of immigration Form I–

20A by the San Antonio Office of Detention and Removal of the Bureau of Immigration and Customs Enforcement of the Department 

of Homeland Security.

CHANGES IN THE APPLICATION OF EXISTING LAW

Pursuant to clause 3(f)(1) of rule XIII of the Rules of the House 

of Representatives, the following statements are submitted describing the effect of provisions in the accompanying bill that directly 

or indirectly change the application of existing law. 

The bill includes appropriations that are not authorized by law 

and as such may be construed as legislative in nature. 

The bill includes emergency appropriation designations that may 

be construed as legislative in nature. 

Language is included that restricts the availability of the funds 

to the current fiscal year unless otherwise provided. 

Language has been included for Department of Defense—Military in ‘‘Operation and Maintenance, Navy’’ which provides that 

$80,000,000 may be transferred to the Department of Homeland 

Security for Coast Guard operations. 

Language has been included for Department of Defense—Military in ‘‘Operation and Maintenance, Defense-Wide’’ which provides 

funds for the CINC Initiative Fund; and provides funds for payments to reimburse key cooperating nations for logistical and military support in connection with the global war on terrorism. 

Language has been included for Department of Defense—Military in ‘‘Iraq Freedom Fund’’ which provides funds for transfer to 

other appropriations, and requires certain notification and reporting requirements of the Secretary of Defense. 

31

Language has been included for Department of Defense—Military in ‘‘Drug Interdiction and Counter-Drug Activities, Defense’’ which provides funds for such activities related to the drug problem 

in the Afghanistan region. 

Language has been included for Department of Defense—Military in ‘‘Intelligence Community Management Account’’ which pro- vides that $3,000,000 may be transferred to the Department of Energy, and $15,500,000 may be transferred to the Federal Bureau of 

Investigation.

Language has been included in Department of Defense—Military 

in section 1101 which provides the Secretary of Defense with additional transfer authority for funds in this Act. 

Language has been included in Department of Defense—Military 

in section 1102 which provides authority to obligate funds for intelligence activities pursuant to section 504 of the National Security 

Act of 1954. 

Language has been included in Department of Defense—Military 

in section 1103 which continues certain wartime personnel benefits 

for travel and transportation allowances for family members. 

Language has been included in Department of Defense—Military 

in section 1104 which continues the monthly rate increases for Imminent Danger Pay and Family Separation Allowances through 

September 30, 2004. 

Language has been included in Department of Defense—Military 

in section 1105 which allows the balance of funds in the ‘‘Defense 

Emergency Response Fund’’ to be charged to any current appropriations account of the Department of Defense. 

Language has been included in Department of Defense—Military 

in section 1106 which provides that funds available for operation 

and maintenance may be used to provide a variety of services and 

support for coalition forces in Iraq. 

Language has been included in Department of Defense—Military in section 1107 which provides that not to exceed $100,000,000 in 

funds under ‘‘Operation and Maintenance, Defense-Wide’’ may be 

used for assistance for the new militaries in Iraq and Afghanistan. 

Language has been included in Department of Defense—Military 

in section 1108 which limits the use of procurement and research, 

development, test and evaluation funds.

Language has been included in Department of Defense—Military 

in section 1109 providing additional appropriations to repair damages at military installations. 

Language has been included in Department of Defense—Military 

in section 1110 which provides that not to exceed $180,000,000 in 

funds made available in this Act for operation and maintenance for 

the Commander’s Emergency Response Program in Iraq, and to establish a similar program for use in Afghanistan. 

Language is included that enables operations and maintenance 

funds to be used for emerging construction requirements if the construction is necessary to support Operation Iraqi Freedom or the 

Global War on Terrorism. 

Language is included waiving prior authorization requirements 

for the expenditure of funds by the Department of State or the 

Broadcasting Board of Governors.

Under ‘‘Operating Expenses of the United States Agency for 

International Development’’, $40,000,000 is made available for diVerDate jul 14 2003 05:52 Oct 15, 2003 Jkt 089811 PO 00000 Frm 00031 Fmt 6659 Sfmt 6602 E:\HR\OC\HR312.XXX HR312
32

rect support of operations in Afghanistan and is to remain available until September 30, 2005. 

Under ‘‘Iraq Relief and Reconstruction Fund’’, $18,649,000,000 is 

made available until September 30, 2005 for necessary expenses to 

carry out the purposes of the Foreign Assistance Act of 1961, for 

security, relief, rehabilitation and reconstruction in Iraq. The 

amounts are allocated as follows: $3,243,000,000 for security and 

law enforcement; $1,318,000,000 for justice, public safety infrastructure, and civil society; $5,560,000,000 for the electric sector; 

$2,100,000,000 for oil infrastructure; $4,332,000,000 for water resources and sanitation; $500,000,000 for transportation and telecommunications; $370,000,000 for roads, bridges, and construction; 

$793,000,000 for health care; $153,000,000 for private sector development; and $280,000,000 for education, refugees, human rights, 

democracy, and governance. Language is included that allows the 

President to reallocate up to 10 percent of any of the preceding allocations, except that the total for the allocation receiving such 

funds may not be increased by more than 20 percent. Additionally, 

language is included that designates 10% of funds apportioned to 

USAID made available for subcontracts should be reserved for 

small businesses. The bill requires an annual spending plan for reconstruction programs under the preceding allocations, including 

project-by-project detail, by the President not later than January 1, 

2004, and is to be updated and submitted every 180 days thereafter. Language is included specifying that funds appropriated 

under this heading shall be apportioned only to the Coalition Provisional Authority in Iraq, the Department of State, the Department 

of Health and Human Services, the Department of Treasury, the 

Department of Defense, and the United States Agency for International Development. Provides not less than $35,000,000 for administrative expenses of the Department of State Bureau of International Narcotics and Law Enforcement Affairs and the United 

States Agency for International Development for support of the reconstruction activities in Iraq, and that up to 1 percent of the 

amount appropriated for the Fund may be transferred to ‘‘Operating Expenses of the Coalition Provisional Authority’’. Contributions of funds for the purposes provided from any person, foreign 

government, or international organization, may be credited to the 

Fund and used for such purposes, and the Committees on Appropriations must be notified quarterly of any collections pursuant to 

the previous proviso. Additionally, the CPA shall work, in conjunction with relevant Iraqi officials, to ensure that a new Iraqi constitution preserves full rights to religious freedom. 

Under ‘‘Operating Expenses of the Coalition Provisional Authority’’, $858,000,000 is made available until September 30, 2005. 

Under ‘‘Economic Support Fund’’, $872,000,000 is made available 

until December 31, 2004. Of this amount, not less than 

$672,000,000 is available for Afghanistan, not to exceed 

$30,000,000 may be used for activities related to disarmament, demobilization, and reintegration of militia combatants, not to exceed 

$2,000,000 may be used to provide additional policy experts in Afghan ministries and not more than five senior advisors to the 

United States Ambassador may be deployed in Afghanistan, and 

not less than $17,250,000 is available only for security requirements that directly support United States and Coalition personnel 

33

who are implementing assistance programs in Afghanistan. Additionally, not to exceed $200,000,000 is made available for modifying 

direct loans and guarantees for Pakistan only after the President 

makes a determination that the Government of Pakistan is fully cooperating with the United States in the global war on terrorism. 

Under ‘‘International Disaster and Famine Assistance’’, 

$100,000,000 is made available to respond to or prevent unforeseen 

complex foreign crises, especially in Sudan and Liberia, and not to 

exceed 1 percent of other funds in the Chapter may be transferred 

to this account. These funds are provided only pursuant to a national interest determination by the President; these funds may not 

be available to respond to natural disasters, and funds made available are subject to notification. 

Section 2201 prohibits funds in this Act from being used to forgive debts owed by the Government of Iraq. 

Section 2202 requires that no funds in the ‘‘Iraq Relief and Reconstruction Fund’’ may be used to enter into any contract unless 

it is entered into in accordance with title III of the Federal Property and Administrative Services Act. Language is included allowing a waiver of this prohibition, but certain reporting requirements 

must be followed.

Section 2203 requires certain public disclosure requirements for 

any noncompetitive contracting using funds available for Iraq or for 

the ‘‘Iraq Relief and Reconstruction Fund’’. 

Section 2204 extends the date of applicability of section 1503 of 

Public Law 108–11 from September 30, 2004 to September 30, 2005 

and clarifies Committee intent. 

Section 2205 amends section 1504 of Public Law 108–11 by permitting the import of small arms into Iraq for Iraqi government 

and private security forces. 

Section 2206 amends the Afghanistan Freedom Support Act of 

2002 by increasing the cumulative value of military equipment that 

the Department of Defense may provide to Afghanistan from 

$300,000,000 to $450,000,000. 

Section 2207 requires certain reports by the Coalition Provisional 

Authority. 

Section 2208 deems the Coalition Provisional Authority in Iraq 

to include any successor United States Government entity with the 

same or substantially the same authorities and responsibilities as 

the Coalition Provisional Authority in Iraq. 

Section 2209 allows that assistance under chapter 2 of title 1 

may be provided for Iraq and Afghanistan notwithstanding any 

other provision of law not contained in this Act that restricts assistance to foreign countries and section 660 of the Foreign Assistance Act of 1961. 

Section 2210 allows funds appropriated in the bill to be obligated 

in the absence of a prior authorization of appropriations. 

Section 2211 allows that notwithstanding any other provision of 

law, the Overseas Private Investment Corporation is authorized to 

undertake programs in Iraq, but such authority is subject to notification. 

Section 2212 includes certain reporting requirements on military 

operations and reconstruction efforts in Iraq and Afghanistan. 

34

Section 2213 requires the review of contracts by the Comptroller General in excess of $1,000,000 using funds appropriated by this 

Act for foreign assistance. 

Language is included stating that none of the funds in this or 

any other Act may be used for any defense or reconstruction activities in Iraq or Afghanistan coordinated by any officer of the United 

States Government whose office is not subject to appointment by 

the President and with the advice and consent of the Senate. 

Language is included concerning Impact Aid eligibility for certain 

students. 

Language is included prohibiting the use of any appropriations 

funding to remove Mexican citizens or nationals by land from the 

United States by returning them to a location other than the 

United States port of entry closest to the location where they were 

apprehended, last imprisoned, or acquitted. It also provides waiver 

authority to the Secretary of Homeland Security. 

Language is included prohibiting the use of any appropriations 

to fund the issuance of immigration Form I–20A by the San Antonio Office of Detention and Removal of the Bureau of Immigration 

and Customs Enforcement of the Department of Homeland Security.

APPROPRIATIONS NOT AUTHORIZED BY LAW

Pursuant to clause 3(f)(1) of rule XIII of the Rules of the House 

of Representatives, the following table lists the appropriations in 

the accompanying bill which are not authorized by law:

[In thousands of dollars] 

Agency/program Last year of 

authorization Authorization level 

Appropriations in 

last year of authorization 

Appropriations in this 

bill 

Department of Defense—Military: 

Military Personnel, Army ............................... 2003 (1) 26,855,017 12,188,870 

Military Personnel, Navy ............................... 2003 (1) 21,927,628 816,100 

Military Personnel, Marine Corps .................. 2003 (1) 8,501,087 753,190 

Military Personnel, Air Force ......................... 2003 (1) 21,981,277 3,384,700 

Operation and Maintenance, Army ............... 2003 23,922,251 23,992,082 24,355,664 

Operation and Maintenance, Navy ............... 2003 29,264,939 29,331,526 1,934,058 

Transfer to Dept. of Homeland Security .................... ......................... 0 (80,000) 

Operation and Maintenance, Marine Corps .. 2003 3,559,636 3,585,759 1,198,981 

Operation and Maintenance, Air Force ......... 2003 27,419,488 27,339,533 5,598,368 

Operation and Maintenance, Defense-Wide 2003 14,145,310 14,707,506 4,485,452 

Operation and Maintenance, Marine Corps 

Reserve ..................................................... 2003 189,532 187,532 16,000 

Operation and Maintenance, Air Force Reserve ......................................................... 2003 2,160,604 2,163,104 53,000 

Operation and Maintenance, Air National 

Guard ........................................................ 2003 4,104,810 4,117,585 214,000 

Overseas Humanitarian, Disaster, and Civic 

Aid ............................................................ 2003 58,400 58,400 35,500 

Iraq Freedom Fund ........................................ 2003 0 0 1,988,600 

Procurement of Weapons & Tracked Combat 

Vehicles, Army .......................................... 2003 2,276,751 2,266,508 101,600 

Other Procurement, Army .............................. 2003 5,857,814 5,874,674 1,250,287 

Aircraft Procurement, Navy ........................... 2003 8,979,275 8,812,855 158,600 

Other Procurement, Navy .............................. 2003 4,494,754 4,612,910 76,357 

Procurement, Marine Corps .......................... 2003 1,355,491 1,388,583 123,397 

Aircraft Procurement, Air Force .................... 2003 12,676,505 13,137,255 53,972 

Missile Procurement, Air Force ..................... 2003 3,504,139 3,174,739 20,450 

Other Procurement, Air Force ........................ 2003 10,846,048 10,672,712 3,418,006 

Procurement, Defense-Wide .......................... 2003 3,691,604 3,414,455 418,635 

35

[In thousands of dollars] 

Agency/program Last year of 

authorization Authorization level 

Appropriations in 

last year of authorization 

Appropriations in this 

bill 

Research, Development, Test and Evaluation, Navy ................................................. 2003 13,244,164 13,946,085 34,000 

Research, Development, Test and Evaluation, Air Force ........................................... 2003 18,337,078 18,822,569 39,070 

Research, Development, Test and Evaluation, Defense-Wide ................................... 2003 17,659,099 17,524,596 195,817 

Defense Working Capital Funds ................... 2003 387,156 1,784,956 600,000 

National Defense Sealift Fund ...................... 2003 934,129 942,629 24,000 

Defense Health Program ............................... 2003 14,468,994 14,843,542 658,380 

Drug Interdiction and Counter-Drug Activities, Defense ............................................. 2003 859,907 881,907 73,000 

Intelligence Community Management Account ......................................................... 2003 163,479 163,479 21,500 

Transfer to Dept of Energy .................. .................... ......................... 0 (3,000) 

Transfer to Dept of Justice .................. (34,100) (15,500) 

Sec. 1101 Transfer Authority ........................ 2003 (2,500,000) (2,500,000) (3,000,000) 

Sec. 1109 Storm Damage ............................. 2003 0 0 413,300 

Military Construction, Army .......................... 2003 1,685,710 1,685,710 185,100 

Military Construction, Navy ........................... 2003 1,353,228 1,353,228 45,530 

Family Housing Operations and Maintenance, Army .............................................. 2003 1,106,007 1,106,007 8,151 

Military Construction, Air Force .................... 2003 1,233,147 1,233,147 292,550 

Family Housing Operation and Maintenance, 

Navy and Marine Corps ............................ 2003 861,788 861,788 6,280 

Family Housing Operation and Maintenance, 

Air Force ................................................... 2003 864,850 864,850 6,981 

Department of Justice: General Legal Activities ............................................................ 2003 659,181 605,368 15,000 

Department of State: Administration of Foreign Affairs ............................................... 2003 5,133,390 5,098,804 214,000 

International Organizations ................. 2003 1,617,359 1,529,702 245,000 

Broadcasting Board of Governors ................. 2003 644,486 533,841 40,000 

Operating expenses of the United States 

Agency for International Development ..... 1987 387,000,000 340,600,000 40,000,000

Iraq Relief and Reconstruction Fund ........... 0 0 0 18,649,000,000

Operating expenses of the Coalition Provisional Authority ........................................ 0 0 0 858,000,000

Economic Support Fund ......................................... 1987 3,800,000,000 3,555,000,000 872,000,000

International Disaster and Famine Assistance ..... 1987 25,000,000 70,000,000 100,000,000

International Narcotics Control and Law Enforcement .................................................................. 1994 171,500,000 100,000,000 170,000,000

Nonproliferation, Anti-terrorism, demining and related programs .................................................. 0 0 0 35,000,000

Foreign Military Financing Program ...................... 2003 4,107,000,000 6,104,632,000 297,000,000

Peacekeeping operations ....................................... 1999 83,000,000 76,500,000 50,000,000

1 The FY 2003 National Defense Authorization Act authorizes $93,829,525,000 for military personnel. 

TRANSFER OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following is submitted describing the transfer of funds provided in the accompanying bill. 

Language has been included in Department of Defense—Military 

in ‘‘Operation and Maintenance, Navy’’ which provides for the 

transfer of $80,000,000 to the Department of Homeland Security 

for Coast Guard operations. 

Language has been included in Department of Defense—Military 

in the ‘‘Iraq Freedom Fund’’ which provides for the transfer of 

funds out of and into this account. 

36

Under ‘‘Iraq Relief and Reconstruction Fund’’, up to 1 percent 

may be transferred to and merged with ‘‘Operating Expenses of the 

Coalition Provisional Authority.’’

Under ‘‘International Disaster and Famine Assistance’’, language 

has been included that provides that up to one percent of funds 

under other headings in this chapter may be transferred and 

merged with funds under this heading.

Language has been included in Department of Defense—Military 

in ‘‘Drug Interdiction and Counter-Drug Activities, Defense’’ which 

transfers funds to other appropriations accounts of the Department 

of Defense. 

Language has been included in Department of Defense—Military 

in ‘‘Intelligence Community Management Account’’ which provides 

for the transfer of $3,000,000 to the Department of Energy and 

$15,500,000 to the Federal Bureau of Investigation. 

Language has been included in Department of Defense—Military 

in section 1101 which provides the Department with transfer authority for funds in this Act. 

Language is included which allows the transfer of funds within 

the Department of State, from ‘‘Emergencies in the Diplomatic and 

Consular Service’’ to ‘‘Diplomatic and Consular Programs’’. 

RESCISSIONS

Clause 3(f)(2) of rule XIII of the Rules of the House of Representatives requires a report on rescissions in the accompanying bill.

[In thousands of dollars] 

Department of State: 

Diplomatic and Consular Programs .............................................. $35,800

COMPARISON WITH THE BUDGET RESOLUTION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives requires an explanation of compliance with section 

308(a)(1)(A) of the Congressional Budget and Impoundment Control 

Act of 1974 (Public Law 93–344), as amended, which requires that 

the report accompanying a bill providing new budget authority contain a statement detailing how that authority compares with the 

reports submitted under section 302 of the Act for the most recently agreed to concurrent resolution on the budget for the applicable fiscal year. 

Appropriations in this bill are designated emergency and therefore will not be measured against the section 302 allocations. 

FIVE-YEAR OUTLAY PROJECTIONS

In compliance with section 308(a)(1)(B) of the Congressional 

Budget and Impoundment Control Act of 1974 (Public Law 93–

344), as amended, the following table contains five-year projections 

associated with the budget authority provided in the accompanying 

bill:

Millions 

Budget Authority ................................................................................... 86,856 

Outlays: 

2004 ................................................................................................. 36,599 

2005 ................................................................................................. 33,334

2006 ................................................................................................. 11,639

37

Millions 

2007 ................................................................................................. 2,970

2008 and beyond ............................................................................. 1,830

ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

In accordance with section 308(a)(1)(C) of the Congressional 

Budget and Impoundment Control Act of 1974 (Public Law 93–

344), as amended, the financial assistance to State and local governments is as follows: 

Millions 

Budget Authority ................................................................................... – – –

Fiscal Year 2004 outlays resulting therefrom ..................................... – – –

CONSTITUTIONAL AUTHORITY

Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives states that: 

Each report of a committee on a bill or joint resolution 

of a public character, shall include a statement citing the 

specific powers granted to the Congress in the Constitution 

to enact the law proposed by the bill or joint resolution.

The Committee on Appropriations bases its authority to report 

this legislation from Clause 7 of Section 9 of Article I of the Constitution of the United States of America which states:

No money shall be drawn from the Treasury but in consequence of Appropriations made by law * * *

Appropriations contained in this Act are made pursuant to this 

specific power granted by the Constitution. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding: 

The Committee on Appropriations considers program performance, including a program’s success in developing and attaining 

outcome-related goals and objectives, in developing funding recommendations. 

COMPLIANCE WITH CLAUSE 3 OF RULE XIII (RAMSEYER RULE) 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

* * * * * * *

SECTION 1313 OF THE EMERGENCY WARTIME 

SUPPLEMENTAL APPROPRIATIONS ACT, 2003 

(TRANSFER OF FUNDS)

Sec. 1313. As of October 31, 2003, all unobligated balances of 

funds remaining in the ‘‘Defense Emergency Response Fund’’ shall 

38

be transferred to, and merged with, the ‘‘Iraq Freedom Fund’’, and 

shall be available for the same purposes, and under the same 

terms and conditions, as funds appropriated to the ‘‘Iraq Freedom 

Fund’’ in this chapter. 

* * * * * * *

EMERGENCY WARTIME SUPPLEMENTAL 

APPROPRIATIONS ACT, 2003

(Public Law 108–11) 

* * * * * * *

TITLE I—WAR-RELATED APPROPRIATIONS 

* * * * * * *

CHAPTER 5

* * * * * * *

GENERAL PROVISIONS, THIS CHAPTER 

* * * * * * *

SEC. 1503. The President may suspend the application of any 

provision of the Iraq Sanctions Act of 1990: Provided, That nothing 

in this section shall affect the applicability of the Iran-Iraq Arms 

Non-Proliferation Act of 1992 (Public Law 102–484), except that 

such Act shall not apply to humanitarian assistance and supplies: 

Provided further, That the President may make inapplicable with 

respect to Iraq section 620A of the Foreign Assistance Act of 1961 

or any other provision of law that applies to countries that have 

supported terrorism: Provided further, That military øequipment¿

equipment, including equipment, as defined by title XVI, section 

1608(1)(A) of Public Law 102–484, shall not be exported under the 

authority of this section: Provided further, That section 307 of the 

Foreign Assistance Act of 1961 shall not apply with respect to programs of international organizations for Iraq: Provided further,

That provisions of law that direct the United States Government 

to vote against or oppose loans or other uses of funds, including for 

financial or technical assistance, in international financial institutions for Iraq shall not be construed as applying to Iraq: Provided 

further, That the President shall submit a notification 5 days prior 

to exercising any of the authorities described in this section to the 

Committee on Appropriations of each House of the Congress, the 

Committee on Foreign Relations of the Senate, and the Committee 

on International Relations of the House of Representatives: Provided further, That not more than 60 days after enactment of this 

Act and every 90 days thereafter the President shall submit a report to the Committee on Appropriations of each House of the Congress, the Committee on Foreign Relations of the Senate, and the 

Committee on International Relations of the House of Representatives containing a summary of all licenses approved for export to 

Iraq of any item on the Commerce Control List contained in the 

Export Administration Regulations, 15 CFR Part 774, Supplement 

1, including identification of end users of such items: Provided further, That the authorities contained in this section shall expire on 

September 30, ø2004¿ 2005, or on the date of enactment of a subseVerDate jul 14 2003 05:52 Oct 15, 2003 Jkt 089811 PO 00000 Frm 00038 Fmt 6659 Sfmt 6601 E:\HR\OC\HR312.XXX HR312
39

quent Act authorizing assistance for Iraq and that specifically 

amends, repeals or otherwise makes inapplicable the authorities of 

this section, whichever occurs first. 

SEC. 1504. Notwithstanding any other provision of law, the President may authorize the export to Iraq of any nonlethal military 

equipment øcontrolled¿ or small arms controlled under the International Trafficking in Arms Regulations on the United States Munitions List established pursuant to section 38 of the Arms Export 

Control Act (22 U.S.C. 2778), if the President determines and notifies within 5 days prior to export the Committee on Appropriations 

of each House of the Congress, the Committee on Foreign Relations 

of the Senate, and the Committee on International Relations of the 

House of Representatives that the export of such nonlethal military 

equipment is in the national interest of the United States: Provided, That the limitation regarding nonlethal military equipment 

shall not apply to military equipment designated by the Secretary 

of State for use by a reconstituted (or interim) Iraqi military or police force: Provided further, That the authorities contained in this 

section shall expire on September 30, 2004, or on the date of enactment of a subsequent Act authorizing assistance for Iraq and that 

specifically amends, repeals or otherwise makes inapplicable the 

authorities of this section, whichever occurs first. 

* * * * * * *

SECTION 202 OF THE AFGHANISTAN FREEDOM 

SUPPORT ACT OF 2002

SEC. 202. AUTHORIZATION OF ASSISTANCE. 

(a) * * *

(b) AMOUNT OF ASSISTANCE.—The aggregate value (as defined in 

section 644(m) of the Foreign Assistance Act of 1961) of assistance 

provided under subsection (a) may not exceed ø$300,000,000¿

$450,000,000, except that such limitation shall be increased by any 

amounts appropriated pursuant to the authorization of appropriations in section 204(b)(1) and shall not count toward any limitation 

contained in section 506 of the Foreign Assistance Act of 1961 (22 

U.S.C. 2318).

40

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(b) of rule XIII of the House 

of Representatives, the results of each rollcall vote on an amendment or on the motion to report, together with the names of those 

voting for and those voting against, are printed below: 

ROLLCALL NO. 1

Date: October 9, 2003. 

Measure: Emergency Supplemental for Defense and for the Reconstruction of Iraq and Afghanistan Appropriations Bill, FY 2004. 

Motion by: Mr. Obey. 

Description of motion: To offset the cost of the bill by increasing the top marginal tax rate, provide $40,000,000 for medical and dental screening for reservists called to active duty, provide 

$60,000,000 to extend transitional health care benefits for reservists, provide $50,000,000 to increase support for Reserve and National Guard family assistance centers, permanently eliminate the 

subsistence fee for members hospitalized for wounds received while 

in combat or training, provide $65,000,000 for telephone and internet service for members deployed to a combat zone, provide 

$50,000,000 for government-paid travel under rest and recuperation leave program for members serving one year or more in-theatre, provide $40,500,000 for essential goods and services for 

troops, establish military campaign medals to recognize service in 

Operation Enduring Freedom and Operation Iraqi Freedom, provide $50,000,000 to enhance transition assistance for disabled 

servicemembers returning to civilian life, provide $3,126,000,000 

for reconstituting the military forces, provide $1,000,000,000 to increase Army manpower end-strength level, require a report on military operations and reconstruction efforts in Iraq and Afghanistan, 

provide $179,000,000 for Military Construction, Army, reduce funding for the Iraq Relief and Reconstruction Fund by $4,618,000,000, 

require a GAO report on noncompetitive contracting, require congressional notification regarding contracts in excess of $5,000,000 

relating to activities in Iraq, require the head of an executive agency entering into a contract relating to activities in Iraq to develop 

a plan for minimizing the costs to the Federal Government through 

the use of Iraqi firms, define the legal status of Coalition Provisional Authority for Iraq, and establish a $7,000,000,000 Iraq Reconstruction Trust Fund. 

Results: Rejected 25 yeas to 36 nays. 

Members Voting Yea Members Voting Nay 

Mr. Berry Mr. Aderholt 

Mr. Bishop Mr. Bonilla 

Mr. Boyd Mr. Cramer 

Mr. Clyburn Mr. Crenshaw 

Ms. DeLauro Mr. Culberson 

Mr. Edwards Mr. Cunningham 

Mr. Farr Mr. Dicks 

Mr. Fattah Mr. Doolittle 

Mr. Hinchey Mrs. Emerson 

Mr. Hoyer Mr. Frelinghuysen 

Mr. Jackson Mr. Goode 

41

Ms. Kaptur Ms. Granger 

Mr. Kennedy Mr. Hobson 

Ms. Kilpatrick Mr. Kingston 

Mrs. Lowey Mr. Kirk 

Mr. Moran Mr. Knollenberg 

Mr. Obey Mr. Kolbe 

Mr. Olver Mr. LaHood 

Mr. Pastor Mr. Latham 

Mr. Price Mr. Lewis 

Mr. Rothman Mr. Mollohan 

Ms. Roybal-Allard Mr. Murtha 

Mr. Sabo Mr. Nethercutt 

Mr. Serrano Mrs. Northup 

Mr. Visclosky Mr. Peterson 

Mr. Regula 

Mr. Rogers 

Mr. Sherwood 

Mr. Simpson 

Mr. Tiahrt 

Mr. Walsh 

Mr. Wamp 

Dr. Weldon 

Mr. Wicker 

Mr. Wolf 

Mr. Young

42

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(b) of rule XIII of the House 

of Representatives, the results of each rollcall vote on an amendment or on the motion to report, together with the names of those 

voting for and those voting against, are printed below: 

ROLLCALL NO. 2

Date: October 9, 2003. 

Measure: Emergency Supplemental for Defense and for the Reconstruction of Iraq and Afghanistan Appropriations Bill, FY 2004. 

Motion by: Mr. Obey. 

Description of motion: To appropriate $14,000,000,000 to the Department of Defense for Aircraft Procurement, Air Force. 

Results: Rejected 28 yeas to 33 nays. 

Members Voting Yea Members Voting Nay 

Mr. Berry Mr. Bonilla 

Mr. Bishop Mr. Crenshaw 

Mr. Boyd Mr. Culberson 

Mr. Clyburn Mr. Cunningham 

Mr. Cramer Mr. Doolittle 

Ms. DeLauro Mrs. Emerson 

Mr. Dicks Mr. Frelinghuysen 

Mr. Edwards Mr. Goode 

Mr. Farr Ms. Granger 

Mr. Fattah Mr. Hobson 

Mr. Hinchey Mr. Istook 

Mr. Hoyer Mr. Kingston 

Mr. Jackson Mr. Kirk 

Ms. Kaptur Mr. Knollenberg 

Mr. Kennedy Mr. Kolbe 

Ms. Kilpatrick Mr. LaHood 

Mrs. Lowey Mr. Latham 

Mr. Mollohan Mr. Lewis 

Mr. Moran Mr. Murtha 

Mr. Obey Mr. Nethercutt 

Mr. Olver Mrs. Northup 

Mr. Pastor Mr. Peterson 

Mr. Price Mr. Regula 

Mr. Rothman Mr. Sherwood 

Ms. Roybal-Allard Mr. Simpson 

Mr. Sabo Mr. Sweeney 

Mr. Serrano Mr. Tiahrt 

Mr. Visclosky Mr. Walsh 

Mr. Wamp 

Dr. Weldon 

Mr. Wicker 

Mr. Wolf 

Mr. Young

43

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(b) of rule XIII of the House 

of Representatives, the results of each rollcall vote on an amendment or on the motion to report, together with the names of those 

voting for and those voting against, are printed below: 

ROLLCALL NO. 3

Date: October 9, 2003. 

Measure: Emergency Supplemental for Defense and for the Reconstruction of Iraq and Afghanistan Appropriations Bill, FY 2004. 

Motion by: Mr. Hinchey. 

Description of motion: To modify section 2203(a)(3) of the bill regarding applicability of public disclosure requirements for noncompetitive contracting for the reconstruction of infrastructure in 

Iraq. 

Results: Rejected 29 yeas to 33 nays. 

Member Voting Yea Members Voting Nay 

Mr. Berry Mr. Aderholt 

Mr. Bishop Mr. Bonilla 

Mr. Boyd Mr. Crenshaw 

Mr. Clyburn Mr. Culberson 

Mr. Cramer Mr. Cunningham 

Ms. DeLauro Mr. Doolittle 

Mr. Dicks Ms. Emerson 

Mr. Edwards Mr. Frelinghuysen 

Mr. Farr Mr. Goode 

Mr. Fattah Ms. Granger 

Mr. Hinchey Mr. Hobson 

Mr. Hoyer Mr. Istook 

Mr. Jackson Mr. Kingston 

Ms. Kaptur Mr. Kirk 

Mr. Kennedy Mr. Knollenberg 

Ms. Kilpatrick Mr. Kolbe 

Mrs. Lowey Mr. LaHood 

Mr. Mollohan Mr. Latham 

Mr. Moran Mr. Lewis 

Mr. Murtha Mr. Nethercutt 

Mr. Obey Mrs. Northup 

Mr. Olver Mr. Peterson 

Mr. Pastor Mr. Regula 

Mr. Price Mr. Sherwood 

Mr. Rothman Mr. Simpson 

Ms. Roybal-Allard Mr. Sweeney 

Mr. Sabo Mr. Tiahrt 

Mr. Serrano Mr. Walsh 

Mr. Visclosky Mr. Wamp 

Dr. Weldon 

Mr. Wicker 

Mr. Wolf 

Mr. Young 

44

FULL COMMITTEE VOTES

Pursuant to the provisions of clause 3(b) of rule XIII of the House 

of Representatives, the results of each rollcall vote on an amendment or on the motion to report, together with the names of those 

voting for and those voting against, are printed below: 

ROLLCALL NO. 4

Date: October 9, 2003. 

Measure: Emergency Supplemental for Defense and for the Reconstruction of Iraq and Afghanistan Appropriations Bill, FY 2004. 

Motion by: Mr. Regula. 

Description of motion: To report the bill, to authorize the chairman to seek a rule on such terms and conditions as he may deem 

appropriate, and to authorize the Chairman to move that the 

House disagree to the amendments of the Senate and agree to the 

conference requested by the Senate on the bill. 

Results: Adopted 47 yeas to 14 nays. 

Members Voting Yea Members Voting Nay 

Mr. Aderholt Mr. Berry 

Mr. Bishop Mr. Clyburn 

Mr. Bonilla Ms. DeLauro 

Mr. Boyd Mr. Farr 

Mr. Cramer Mr. Fattah 

Mr. Crenshaw Mr. Hinchey 

Mr. Culberson Mr. Jackson 

Mr. Cunningham Ms. Kaptur 

Mr. Dicks Ms. Kilpatrick 

Mr. Doolittle Mr. Moran 

Mr. Edwards Mr. Obey 

Mrs. Emerson Mr. Olver 

Mr. Frelinghuysen Mr. Pastor 

Mr. Goode Mr. Serrano 

Ms. Granger 

Mr. Hobson 

Mr. Hoyer 

Mr. Istook 

Mr. Kennedy 

Mr. Kingston 

Mr. Kirk 

Mr. Knollenberg 

Mr. Kolbe 

Mr. LaHood 

Mr. Latham 

Mr. Lewis 

Mrs. Lowey 

Mr. Mollohan 

Mr. Murtha 

Mr. Nethercutt 

Mrs. Northup 

Mr. Peterson 

Mr. Price 

Mr. Regula 

Mr. Rothman 

45

Ms. Roybal-Allard 

Mr. Sabo 

Mr. Sherwood 

Mr. Simpson 

Mr. Sweeney 

Mr. Tiahrt 

Mr. Visclosky 

Mr. Wamp 

Dr. Weldon 

Mr. Wicker 

Mr. Wolf 

Mr. Young

46


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(54)

DISSENTING VIEWS OF DAVID OBEY 

The $86.9 billion Supplemental Appropriation reported by the 

Committee is a marked improvement over the package requested 

by the President. It provides the Pentagon with no flexibility in 

terms of procuring two types of equipment that are of critical importance to the ability of our troops to accomplish their mission 

and return home safely. The first is Kevlar flak jacket inserts otherwise known as body armor. The second is portable jammers to 

block the radio signals used to detonate the remote controlled 

bombs that have been repeatedly used to kill and wound our 

troops. For reasons that the committee has yet to determine, the 

current civilian leaders in the Pentagon failed to provide adequate 

supplies of these two types of equipment prior to the U.S. invasion 

of Iraq and further failed to purchase such equipment even after 

it became apparent in June that the shortages were costing American lives. 

The Committee bill also eliminates some of the more egregious 

items in the administration’s proposed Iraq ‘‘reconstruction’’ package such as the two $50,000 a bed prisons, the trash trucks and 

the business training courses that appeared to cost more per pupil 

than the M.B.A. program at Harvard. 

But there are several questions that Members of Congress should 

ask themselves before they vote to send this package to the President for final approval. 

1. Does it do as much as it should to support our troops and 

allow them to return home safely? 

2. Does it do as much as it should to restore the readiness of the 

U.S. military to respond to future crises in the Middle East or 

other parts of the world? 

3. Does it provide Iraq with the right kind of assistance so that 

Iraqis can assume control of their own government, economy and 

security as quickly as possible allowing our troops to leave the 

country at the earliest possible date? 

4. Does the package provide for reasonable levels of assistance 

that not only meet the most important needs of the people of Iraq 

but also are balanced in terms of our own budget situation and in 

terms of what we are able to do with respect to the pressing needs 

of communities and people here at home? 

5. Does the package place a fair share of the burden for rebuilding Iraq on the shoulders of the American taxpayers? 

6. Should the package be financed by adding its cost to the public 

debt as both the administration and the Committee are proposing?

7. Has the administration finally settled on an underlying policy 

that offers a reasonable chance for the sacrifices being demanded 

of our troops, their families and taxpayer to be met with success? 

If any Member feels the answer to all of the above questions is 

yes, then he or she should vote in favor of the package that has 

55

been reported by Committee. If on the other hand he or she feels 

that the answer to one or more of these questions is no, there is 

an obligation to work toward improving the package and oppose its 

moving forward until the improvements are in place. There is no 

question about the desire and determination of members of both 

parties in this Congress to move quickly toward adoption of a package that provides the funds needed by our military and supports 

Iraqi reconstruction at a level that will allow our troops to return 

home at the earliest possible date. But if Members fear challenging 

critically flawed provisions, they will fail in their responsibilities to 

both the troops and the taxpayer. These are my thoughts on each 

of the above questions. 

1. With respect to the first question, the Committee proposal fails 

to do a number of extremely important things needed to support and 

protect our troops. 

Clean Water 

Probably the most important of these is the failure to provide 

needed water purification equipment to supply U.S. troops with 

clean water. The administration requested this equipment for only 

one of the nine major U.S. bases in Iraq. Since most of Iraq is without adequate sewage treatment facilities, most of the water available throughout the country needs a significant level of purification 

before it is potable. The President’s request contains only $15 million for such purposes leaving approximately 80% of the troops in 

Iraq without clean water. 

This is both inhumane and stupid. Soldiers suffering from dysentery cannot perform their duties. Reports indicate numerous instances where entire units have been stricken with dysentery. 

There is nothing that the Congress can do to alleviate many of the 

dangerous and uncomfortable conditions with which our troops 

must contend on a daily basis in Iraq. It would be unforgivable if 

we failed to address one that could be easily and inexpensively resolved. 

Pre Department Health and Dental Screening 

A second issue that should be addressed is the cost to reservists 

being activated for duty in Iraq of pre deployment medical and dental screening. Currently such screening is the financial responsibility of the individual reservists. Not only should the cost of such 

screening be paid by the Pentagon on the basis of simple fairness, 

it also should be covered for purposes of ensuring the success of the 

mission. The heavy use of Reserve and National Guard troops in 

Iraq means that many older soldiers are being placed in a very difficult and physically demanding environment. Sending individuals 

into that environment without the physical capacity to cope with 

such conditions puts both the soldier and the mission at risk.

It strains the expensive and scarce resources we have for providing medical assistance in the field and forces medical evacuation 

of troops unable to meet the difficult challenges posed by extreme 

heat, dust, poor water, lack of sleep and high levels of stress. 

56

Extending Post Deployment Health Coverage to Six Months 

An additional issue with respect to Reserve and Guard units is 

the length of health care coverage following their deployments. 

Currently, that coverage lasts for only 60 days. The harsh and unusual conditions faced by the troops in Iraq make it highly probable that many of the important side effects of their deployment 

will not appear in the first two months following their deployment. 

Coverage should be extended to a full six months. 

Providing Prepaid Phone Cards 

Most members are aware that many of the soldiers stationed in 

Iraq have had to pay exorbitant telephone bills when they have 

had the rare opportunity to phone home. This supplemental can 

and should insure that there are adequate numbers of prepaid 

phone cards to allow U.S. soldiers to call home when they have the 

opportunity. The Committee bill does not do that. 

Covering R&R Transportation Costs 

While we are finally able to allow some troops to return home 

for a short period of rest and relaxation during their twelve month 

deployment, we are not covering the cost of the travel beyond the 

point of their arrival into the United States. That too is something 

that this package could and should cover but does not. 

2. The Committee bill fails to take common sense steps to repair 

damaged equipment and leaves our nation’s military at an unacceptably low state of readiness. The Services estimate that the invasion and occupation of Iraq has already placed a very heavy toll on 

the equipment that was deployed for those missions. The total cost 

of reconditioning all of the equipment used so far in Iraq exceeds 

$20 billion. 

While the massive size of the reconditioning efforts required 

makes it impossible to restore all or even most of the equipment 

used in Iraq in the current fiscal year, it is remarkable that the 

administration has requested far less than could be used for reconditioning between now and October 1, 2004. Unfortunately, the 

Committee also failed to provide the funds needed to get reconditioning efforts up to full speed. 

The result of that specific budget decision is that thousands of 

pieces of valuable equipment such as M1 tanks and Bradley fighting vehicles, equipment that might be needed sooner rather than 

later, will sit in unusable condition throughout this year and well 

into the next. The capacity of our military to sustain itself in the

performance of this mission will be placed at risk and our ability 

to respond to crises outside of Iraq will be placed in serious jeopardy. 

3. While the Committee wisely pared back some of the more outlandish projects proposed by the Coalition Provisional Authority, 

the bill it is sending to the House does little to alter the underlying 

approach to reconstruction envisaged by the CPA. That approach relies on huge contracts with large multinational corporations to provide high tech and capital-intensive construction, training and services to Iraq requiring the importation of heavy equipment, highly 

paid consultants and the payment of corporate overhead and profits. 

57

The consequence of this approach is that the American taxpayer 

will pay more than he or she should; the amount of construction 

or reconstruction that can be preformed within available funds will 

be significantly less than might otherwise be accomplished; the development of Iraqi businesses and institutions to deal with such 

problems will be negligible and the number of Iraqis who will be 

employed will be far less than could be productively used if less 

capital-intensive and lower tech approaches were followed. In 

short, we will be paying more for fewer results and particularly 

fewer results with respect to employment and other economic 

changes necessary to bring about greater political stability. 

Perhaps the best example of how this approach is bilking the 

taxpayer while inhibiting reconstruction is a recent attempt to restore a concrete factory in Northern Iraq. After U.S. engineers had 

estimated that it would cost $15 million to bring the factory up to 

Western standards, Major General David Patraeus, Commander of 

the 101st Airborne Division gave the contract to local Iraqis who 

were able to get the cement plant running for just $80,000. In the 

process, General Patraeus stimulated the growth of Iraqi businesses and the ability of the country to cope with its own problems 

through finding its own solutions. 

4. Despite the $1.7 billion cut from the Administration’s request, 

the Committee provides $18.6 billion for Iraq reconstruction and 

thereby effectively more than doubles U.S. foreign aid. The package 

is not balanced either in terms of what we spend in other troubled 

portions of the world or what we are spending to solve problems 

here at home. 

The amount of money that the administration proposes to spend 

in the coming year for reconstruction of Iraq is so massive that it 

is difficult to place it in perspective. 

While some in the administration have evoked the Marshall Plan 

as a precedent, the request would have us spend ten times as much 

on a per person basis in Iraq in the coming year as we spent per 

year in Europe after World War II even after adjusting for inflation. 

The proposal would have us provide more than twice as much assistance to Iraq, a country with a per capita income nearly four 

times that of the world’s poorest nations, than we provide to all the 

rest of the world. This is in spite of the fact that if all of Iraq’s 23.5 

million people were desperately poor they would still constitute less 

than 1% of such persons on a global basis. 

But the lack of proportionality with the Iraq request is also true 

with respect to the amounts that would be provided for infrastructure and training in Iraq compared to similar types of investments 

that the administration is unwilling to make here at home. The 

$3.7 billion requested for sewer and water projects in Iraq for instance compares to only slightly more than that amount in the federal budget for all of the communities and jurisdictions in the 

United States, a country with about 12 times the population. 

5. The Committee bill forces the U.S. taxpayer to cover costs for 

Iraq through direct grants even though Iraq has more than $7 trillion in proven and probable oil reserves and is in a strong position 

to repay the sums needed for its own reconstruction. The bill does 

58

nothing to internationalize the burden and encourage other nations 

to make a contribution. 

All of the $18.6 billion in assistance provided Iraq is provided as 

a direct grant with no obligation to repay. While many approaches 

to providing loans to Iraq are complicated by the estimated $100 

billion to $200 billion in outstanding debts that Iraq may owe to 

foreign creditors, it is possible for the World Bank to lend money 

to Iraq for reconstruction in the context of a debt restructuring 

agreement. By virtue of that agreement, the World Bank would 

have first claim on Iraqi oil earnings. 

Current creditors to Iraq would have a stake in such an agreement because the World Bank would provide the resources needed 

to generate the oil revenues necessary for the repayment of longterm debt. The unilateral financing of Iraqi reconstruction not only 

places much of the burden for Iraq’s reconstruction on U.S. taxpayers rather than Iraqis, but also provides a disincentive to Iraq 

creditors to give the World Bank or other international lending institutions the preeminence in debt restructuring that would be necessary to generate new lending. 

An additional advantage of channeling reconstruction aid 

through international lending institutions is that it increases the 

scrutiny over the funding of specific projects and helps to insulate 

the process from the prospect of cronyism that may develop when 

all contracts are controlled by one government dominated by one 

political party. 

6. All of the spending that will result from this $86.9 billion appropriation will be added to the Public Debt. Our children and 

grandchildren will have to pay that interest every year until they 

find the funds to pay off those loans.

Based on projections by the Congressional Budget Office, interest 

payments on U.S. treasuries over the next several years are likely 

to average about 5%. That means that on a permanent basis we 

will be spending over $4 billion a year just to cover the interest 

payments that this supplemental will require us and future generations to make. To put that in perspective, it is more than we currently spend each year for research on Alzheimer’s disease, autism, 

breast cancer, ovarian cancer, prostate cancer, diabetes, Parkinson’s disease, Lou Gerhig’s disease, multiple sclerosis and all forms 

of kidney disease combined. 

We could quite easily prevent this huge cost from being passed 

on to the next generation by simply returning the top income tax 

bracket to the level it was when George W. Bush was inaugurated. 

High income Americans would still get tax breaks as large or larger than those provided to any other income group, but they would 

not get the mega breaks promised in the tax measures signed into 

law the last several years. In total, this proposal would generate 

more than $125 billion in additional revenue between now and calendar year 2011. That would not only cover the cost of this supplemental, but also at least a portion of future Iraq-related military 

and reconstruction costs. 

Some will undoubtedly argue that high-income persons have a 

right to rely on these rate cuts since they have already been enacted. But it can also be argued that many guard and reserve 

members had no reason to expect that their lives and careers 

59

would have been totally disrupted by the lengthy deployments that 

our efforts in Iraq now require. It is important to recognize that 

this effort is imposing consequences beyond what was initially expected and that people in all income groups should share those consequences. 

7. Even if one concludes that this supplemental adequately supports our troops; does all that is necessary to recondition equipment necessary for military readiness; provides the right reconstruction assistance in the right manner; is balanced and proportionate in the assistance it provides to Iraq relative to spending 

here at home and in other needy countries; does not place too much 

burden on American taxpayers and that the package should be financed by adding to the public debt, there is one additional consideration that thoughtful legislators should weigh before they commit 

themselves to support this package. The Administration is still incapable or unwilling to articulate a coherent and workable underlying strategy to accomplish our mission and bring our troops home. 

Since the power of the purse remains the only effective means that 

the Congress has to ensure for the American people that such a 

strategy exists and that it has a reasonable chance for success, support for these funds prior to evidence of such a strategy would be 

an abdication of responsibility.

During each of the four hearings held before the Appropriations 

subcommittees before reporting this $87 billion package, administration witnesses repeatedly stated that they could not comment on 

a time frame for a transition of decision making authorities to Iraqi 

leaders, that they had no idea how many troops would be required 

beyond next September, that they could not guess as to what contributions in terms of military assistance or cash would be forth 

coming from other nations, that they had no idea how much additional Iraqi reconstruction money would be requested for fiscal year 

2005 or subsequent years, or how the Iraqi deployment might affect 

other long term priorities within the defense budget. 

It is clear that if the Congress had more energetically exercised 

its Constitutional responsibilities prior to the invasion of Iraq it 

could have forced the administration to make more thoughtful and 

sober assessments of the costs as well as the benefits of the proposed policy and could have brought into the open the fact that 

there was essentially no realistic planning for the post invasion 

phase of the deployment. If the Congress allows the current package to move forward without more answers than it has now, it is 

giving up the only mechanism the American people have for determining whether the current planning is superior to that which 

brought us to the place we now find ourselves and whether or not 

more realistic plans should be formulated before additional assistance is taken from the Treasury. 

OUTLINE OF THE OBEY SUBSTITUTE

A substitute to the Committee package was offered during the 

markup. The substitute would have done the following: 

1. Reduced total reconstruction grant funds by $4.6 billion and 

added $4.6 billion for a series of military needs: 

• $600 million for various quality of life measures for our troops 

including water purification; pre-deployment health and dental 

60

screening; extension of guard and reserve health benefits from 60 

days to 6 months after deployment; prepaid phone cards; R&R 

transportation costs and a number of other items. • $3 billion for reconditioning of equipment damaged in Iraq. This is on top of the $4 billion already in the bill for equipment 

reconditioning. It is the full amount requested by the services and 

the maximum reconditioning we could accomplish over the next 

twelve months. • $1 billion to lift the 480,000 cap on Army personnel and permit 

the Army to recruit 20,000 troops or approximately one additional 

division to reduce the strain that currently exists on both the regular army and reserve and guard units. The $4.6 billion reduction in reconstruction could be accomplished by reducing reliance on large multinational corporate contractors and encouraging the use of local labor and be deferring 

funds for a portion of the large scale projects where no construction 

plan currently exists and the ability of the CPA to obligate funds 

prior to the end of the currently fiscal year is highly doubtful. 2. Divide the remaining $14 billion in reconstruction funds into 

two parts. Seven billion dollars would be provided to the CPA for 

high priority items contained in the request. The other $7 billion 

would be transferred to a Trust Fund at the World Bank. World 

Bank access to those funds would be conditioned on contributions 

from other nations of at least $3.5 billion. The resulting $10.5 billion fund would be used as security for the sale of an additional 

$42 billion in World Bank bonds. These bonds would be used for 

Iraq reconstruction. A recent United Nations, World Bank assessment of Iraqi infrastructure, education, health, private sector and 

security needs identified $54 billion in requirements over the next 

three years. The proposed World Bank trust fund could meet the 

vast majority of those needs without further contributions from the 

United States. 

3. Finally, the proposed substitute was fully paid for by returning 

the tax rate for individuals in the top federal income tax bracket 

(generally people with incomes in excess of $350,000) to the 39.6% 

level that existed in January 2001. These individuals would continue to benefit from the rate reductions on income at lower levels 

and would in fact still receive tax breaks as large or larger than 

taxpayers at any other income level. 

DAVE OBEY.

(61)

ADDITIONAL VIEWS OF CONGRESSMAN JOHN P. MURTHA 

The architects of the Iraq war badly miscalculated the security, 

economic, and political challenges the United States would face following the end of major conflict. These miscalculations have resulted in a heavy price being paid by our troops, their families, and 

the American taxpayer. Let me give you some examples: 

• I’ve visited hundreds of our troops in several military hospitals 

and talked to the families of those who died in Iraq. For example, 

recently I visited a young Marine at Walter Reed Army Hospital. 

He had lost his eye, left hand, and two fingers from his right hand 

in an explosion in Iraq as he was disarming unexploded bomblets. 

His left leg ultimately required amputation at the kneecap. Every 

day we see our casualties mount and our financial costs grow. The 

price that young Marine paid and we as a Nation are paying is indeed a heavy price, yet the architects of this deployment have paid 

no price. 

• During a recent trip to Iraq, I learned of severe shortages in 

critical equipment. These included a shortage of over 44,000 sets 

of body armor with life-saving Kevlar inserts, radio frequency 

jammers that prevent the remote detonation of bombs, and Kevlar 

blankets for HMMWVs that provide additional protection against 

injury by mine fragments. Our troops also reported that they were 

in desperate need of up-armored HMMWVs. And one-third of the 

Bradley armored personnel carriers possessed by the Army division 

patrolling the ‘‘Sunni Triangle’’ were deadlined because there were 

no spare tracks. 

• There have been serious miscalculations in the post-war planning with regard to sustaining the troops. Forty-eight percent of 

our combat Army troops are currently deployed. One-quarter of our 

Guard and Reserves are currently activated and have been ordered 

to extend their deployments in Iraq from six months to one year. 

Yet, following Operation Desert Storm, our allies contributed $51 

billion of the total $60 billion price tag for that war. The architects 

of the current deployment estimated the United States would receive some $55 billion in contributions. To date we’ve received only about $1.5 billion; the shortfall leaves virtually the entire cost to 

the United States. • The degree of resistance to the current occupation also surprised the architects. They said we would be greeted with ‘‘open 

arms’’. They said we would be able to draw down the forces quickly 

once conflict ended. They did not foresee the continuing need for 

the 130,000 troops that we have stationed in Iraq today and did 

not anticipate that mines and rocket-propelled grenade attacks 

would require Bradley fighting vehicles to escort every convoy running from Kuwait to Iraq. 

• Secretary Rumsfeld recently said, ‘‘I don’t think people really 

fully understood how devastating that regime was to the infraVerDate jul 14 2003 05:52 Oct 15, 2003 Jkt 089811 PO 00000 Frm 00061 Fmt 6604 Sfmt 6604 E:\HR\OC\HR312.XXX HR312
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structure of that country, how fragile the electric system is, how 

poorly the water is being managed.’’ The architects of the post-war 

plan should have placed greater emphasis on obtaining such vital 

information. They should have known. • Four months now from the ‘official’ end of major conflict, there 

is about 60 percent unemployment in Iraq, compared to 40 percent 

prior to the war. Areas of Iraq have one-third less electricity, and 

the oil production is only one-quarter of what it was prior to the 

war. Deputy Secretary of Defense Paul Wolfowitz, one of the architects of the war, completely miscalculated the degree to which oil 

revenues would finance the reconstruction of Iraq when he told 

Congress in March 2003, ‘‘We are dealing with a country that can 

really finance its own reconstruction and relatively soon.’’ The architects should have known. 

President George H.W. Bush said in A World Transformed, ‘‘Trying to eliminate Saddam, extending the ground war into the occupation of Iraq, would have violated our guideline about not changing objectives in midstream, engaging in mission creep, and would 

have incurred incalculable human and political costs * * * Apprehending him was probably impossible. We had not been able to find 

Noriega in Panama, which we knew intimately. We would have 

been forced to occupy Baghdad and, in effect, rule Iraq.’’ General John Abizaid, Commander of CENTCOM, told me during one of my visits to the Middle East prior to the war, ‘‘Indications are that the military problem will not be as tough as the 

aftermath.’’ Former Secretary of the Army Thomas White was right on the 

mark when he said, ‘‘Clearly the view that the war to liberate Iraq 

would instantly produce a pro-United States citizenry, ready for 

economic and political rebirth, ignored the harsh realities on the 

ground.’’ If we hope to receive meaningful international support, if we 

hope to quickly energize Iraq, and if we hope to ‘‘Iraqatize’’ the civil 

and private sectors there, the Administration must hold accountable the people who were responsible for these gross miscalculations. In the meantime, the United States, the Iraqi people, and the 

international community must work to undue the damage done by 

the architects’ miscalculations and quickly stabilize Iraq. Otherwise, we could face a long and more costly guerrilla war—a heavy 

price for our soldiers and their families to pay. 

JOHN P. MURTHA.

Æ