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108TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 1st Session 108–320

PROVIDING FOR CONSIDERATION OF H.R. 3289, EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE AND FOR THE RECONSTRUCTION OF IRAQ AND AFGHANISTAN, 2004

OCTOBER 15, 2003.—Referred to the House Calendar and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 396] 

The Committee on Rules, having had under consideration House 

Resolution 396, by a record vote of 9 to 4, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 3289, the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004, under an open rule. 

The rule provides one hour of general debate equally divided and 

controlled by the chairman and ranking minority member of the 

Committee on Appropriations. 

The rule waives all points of order against consideration of the 

bill. Under the rules of the House the bill shall be read for amendment by paragraph. The rule waives points of order against provisions in the bill for failure to comply with clause 2 of rule XXI (prohibiting unauthorized appropriations or legislative provisions in an 

appropriations bill), except as specified in the resolution. The rule 

authorizes the Chair to accord priority in recognition to Members 

who have pre-printed their amendments in the Congressional 

Record. 

Finally, the rule provides one motion to recommit with or without instructions. 

The waiver of clause 2 of rule XXI (prohibiting unauthorized appropriations or legislative provisions in an appropriations bill) is 

needed because there are numerous legislative provisions included 

in the bill. 

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COMMITTEE VOTES

Pursuant to clause 3(b) of House rule XIII the results of each 

record vote on an amendment or motion to report, together with 

the names of those voting for and against, are printed below: 

Rules Committee record vote No. 199

Date: October 15, 2003. 

Measure: H.R. 3289—Emergency Supplemental Appropriations 

Act for Defense and for the Reconstruction of Iraq and Afghanistan, 

2004. 

Motion by: Mr. Frost. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment in the nature of a substitute offered by Representative Obey which reduces Iraq reconstruction 

funds by $4.618 billion. Defers funding of a portion of the major 

construction projects, maximizing use of local labor, and eliminating nonessential items. Adds $4.6 billion saved from reconstruction for military needs not addressed in the committee bill. Requires a detailed report from the President describing how funds 

in the previous war supplemental have been spent, how funds appropriated in this Act are being spent, the level and types of funding needed for future years for both military and reconstruction activities. Provides that half of the reconstruction funds are transferred to a trust fund at the World Bank. Those funds would be 

available as loans to Iraq based on being matched by $3.5 billion 

from other international donors. Provides that the entire $87 billion package be paid for by canceling the tax rate cut for the top 

1% of income earners. Restores the top income tax rate to its pre2001 level of 29.6%. The rollback would be delayed until the start 

of tax year 2005. 

Results: Defeated 4 to 9. Vote by Members: Goss—Nay; Linder—

Nay; Pryce—Nay; Diaz-Balart—Nay; Hastings (WA)—Nay; 

Myrick—Nay; Sessions—Nay; Reynolds—Nay; Frost—Yea; Slaughter—Yea; McGovern—Yea; Hastings (FL)—Yea; Dreier—Nay.

Rules Committee record vote No. 200

Date: October 15, 2003. 

Measure: H.R. 3289—Emergency Supplemental Appropriations 

Act for Defense and for the Reconstruction of Iraq and Afghanistan, 

2004. 

Motion by: Mr. Frost. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Representative Edwards which adds the language of the Armed Forces Tax Fairness 

Act to the Supplemental Appropriations bill. 

Results: Defeated 4 to 9. 

Vote by Members: Goss—Nay; Linder—Nay; Pryce—Nay; DiazBalart—Nay; Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay; 

Reynolds—Nay; Frost—Yea; Slaughter—Yea; McGovern—Yea; 

Hastings (FL)—Yea; Dreier—Nay. 

Rules Committee record vote No. 201

Date: October 15, 2003. 

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Measure: H.R. 3289—Emergency Supplemental Appropriations 

Act for Defense and for the Reconstruction of Iraq and Afghanistan, 

2004. 

Motion by: Mr. Frost. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Representative Waxman which reduces the amount available for the Iraq Relief and 

Reconstruction Fund by $250,000,000. 

Results: Defeated 4 to 9. 

Vote by Members: Goss—Nay; Linder—Nay; Pryce—Nay; DiazBalart—Nay; Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay; 

Reynolds—Nay; Frost—Yea; Slaughter—Yea; McGovern—Yea; 

Hastings (FL)—Yea; Dreier—Nay.

Rules Committee record vote No. 202

Date: October 15, 2003. 

Measure: H.R. 3289—Emergency Supplemental Appropriations 

Act for Defense and for the Reconstruction of Iraq and Afghanistan, 

2004. 

Motion by: Mr. Frost. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Representative Spratt 

which increases a number of pay and benefits for active and reserve military personnel, including: increases Imminent Danger 

pay by $25 per month and Hardship Duty Pay by up to $300 per 

month; funds prepaid phone cards to personnel in combat zones; 

funds free travel all the way to a service member’s home during 

the two-week rest and recuperation period; and provides $25 million for loans for reservists whose small businesses have been disrupted by their mobilization. The BA and revenue cost of $820 million is fully offset by reducing reconstruction funds. 

Results: Defeated 4 to 9. 

Vote by Members: Goss—Nay; Linder—Nay; Pryce—Nay; DiazBalart—Nay; Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay; 

Reynolds—Nay; Frost—Yea; Slaughter—Yea; McGovern—Yea; 

Hastings (FL)—Yea; Dreier—Nay. 

Rules Committee record vote No. 203

Date: October 15, 2003. 

Measure: H.R. 3289—Emergency Supplemental Appropriations 

Act for Defense and for the Reconstruction of Iraq and Afghanistan, 

2004. 

Motion by: Mrs. Slaughter. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Representative Kirk 

which eliminates in the committee bill which allows for noncompetive contracts to be reported to Congress 7 days after the 

contract has been awarded in certain circumstances. Eliminating 

the provision will require the executive agency to inform Congress 

of no-bid contracts before they are awarded. 

Results: Defeated 4 to 9. 

Vote by Members: Goss—Nay; Linder—Nay; Pryce—Nay; DiazBalart—Nay; Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay; 

Reynolds—Nay; Frost—Yea; Slaughter—Yea; McGovern—Yea; 

Hastings (FL)—Yea; Dreier—Nay.

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Rules Committee record vote No. 204

Date: October 15, 2003. 

Measure: H.R. 3289—Emergency Supplemental Appropriations 

Act for Defense and for the Reconstruction of Iraq and Afghanistan, 

2004. 

Motion by: Mr. McGovern. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Representative 

Maloney which specifies that $20,000,000 of the $872,000,000 of 

the Economic Support Fun shall be used to support programs specifically targeting women and girls in Afghanistan. Of that amount, 

$5,000,000 shall be used for contribution to the Afghan Independent Human Rights Commission and $5,000,000 shall be used 

to provide assistance to the Afghan Ministry of Women’s Affairs. 

Further specifies that $47,000,000 of the $872,000,000 of the Economic Support Fund shall be used to support education programs 

specifically targeting women and girls in Afghanistan. 

Results: Defeated 4 to 9. 

Vote by Members: Goss—Nay; Linder—Nay; Pryce—Nay; DiazBalart—Nay; Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay; 

Reynolds—Nay; Frost—Yea; Slaughter—Yea; McGovern—Yea; 

Hastings (FL)—Yea; Dreier—Nay. 

Rules Committee record vote No. 205

Date: October 15, 2003. 

Measure: H.R. 3289—Emergency Supplemental Appropriations 

Act for Defense and for the Reconstruction of Iraq and Afghanistan, 

2004. 

Motion by: Mr. McGovern. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Representative Manzullo which requires that monies for Iraq relief and reconstruction 

be spent, to the greatest extent possible, for U.S. raw materials and 

manufactured goods and for services provided by U.S. labor. Requires a report to Congress of how the monies were spent, due 60 

days after passage and every 60 days thereafter until appropriation 

is expended. 

Results: Defeated 4 to 9. 

Vote by Members: Goss—Nay; Linder—Nay; Pryce—Nay; DiazBalart—Nay; Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay; 

Reynolds—Nay; Frost—Yea; Slaughter—Yea; McGovern—Yea; 

Hastings (FL)—Yea; Dreier—Nay.

Rules Committee record vote No. 206

Date: October 15, 2003. 

Measure: H.R. 3289—Emergency Supplemental Appropriations 

Act for Defense and for the Reconstruction of Iraq and Afghanistan, 

2004. 

Motion by: Mr. McGovern. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Representative Shays 

which requires GAO transmit to Congress on a quarterly basis a 

report on United States reconstruction efforts in Iraq and Afghanistan. 

Results: Defeated 4 to 9. 

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Vote by Members: Goss—Nay; Linder—Nay; Pryce—Nay; DiazBalart—Nay; Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay; 

Reynolds—Nay; Frost—Yea; Slaughter—Yea; McGovern—Yea; 

Hastings (FL)—Yea; Dreier—Nay. 

Rules Committee record vote No. 207

Date: October 15, 2003. 

Measure: H.R. 3289—Emergency Supplemental Appropriations 

Act for Defense and for the Reconstruction of Iraq and Afghanistan, 

2004. 

Motion by: Mr. McGovern. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Representative 

DeFazio which requires that every dollar appropriated for the Iraq 

Relief and Reconstruction Fund be matched by a dollar spent on 

similar infrastructure and social service needs in the United 

States. Distributes the matching funds to states (with one-third of 

the money reserved for localities) via the same population formula 

used to provide aid to states in Title IV of P.L. 108–27. 

Results: Defeated 4 to 9. 

Vote by Members: Goss—Nay; Linder—Nay; Pryce—Nay; DiazBalart—Nay; Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay; 

Reynolds—Nay; Frost—Yea; Slaughter—Yea; McGovern—Yea; 

Hastings (FL)—Yea; Dreier—Nay.

Rules Committee record vote No. 208

Date: October 15, 2003. 

Measure: H.R. 3289—Emergency Supplemental Appropriations 

Act for Defense and for the Reconstruction of Iraq and Afghanistan, 

2004. 

Motion by: Mr. McGovern. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Representative Brown 

of Ohio which provides that U.S. companies that have relocated 

their headquarters, on paper, to an offshore tax haven would be ineligible for any government contracts. Defines corporate expatriation transactions as transactions in which more than 80 percent of 

the stock of the acquiring (new offshore parent) corporation is held 

by former shareholders of the domestic (old parent) corporation. 

Permits the President to waive this section with respect to any specific contract if the President certifies to Congress that the waiver 

is required in the interest of national security. 

Results: Defeated 4 to 9. 

Vote by Members: Goss—Nay; Linder—Nay; Pryce—Nay; DiazBalart—Nay; Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay; 

Reynolds—Nay; Frost—Yea; Slaughter—Yea; McGovern—Yea; 

Hastings (FL)—Yea; Dreier—Nay. 

Rules Committee record vote No. 209

Date: October 15, 2003. 

Measure: H.R. 3289—Emergency Supplemental Appropriations 

Act for Defense and for the Reconstruction of Iraq and Afghanistan, 

2004. 

Motion by: Mr. Hastings of Florida. 

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Summary of motion: To make in order and provide the appropriate waiver for the amendment offered by Representative Harman which limits after February 3, 2004 the further obligation of 

funds available under this Act until the President has submitted 

to Congress as part of the annual budget submission a five-year 

wartime budget that includes (1) full funding of the war against 

terrorism; (2) full funding of Iraq reconstruction and security; (3) 

full funding of Afghanistan reconstruction and security; (4) full 

funding of veterans health care and benefits; (5) and a plan to balance the Federal budget by fiscal year 2015, details the tax policies 

and programmatic spending necessary to achieve such balance, and 

is consistent with paragraphs (1) through (4). 

Results: Defeated 4 to 9. 

Vote by Members: Goss—Nay; Linder—Nay; Pryce—Nay; DiazBalart—Nay; Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay; 

Reynolds—Nay; Frost—Yea; Slaughter—Yea; McGovern—Yea; 

Hastings (FL)—Yea; Dreier—Nay. 

Rules Committee record vote No. 210

Date: October 15, 2003. 

Measure: H.R. 3289—Emergency Supplemental Appropriations 

Act for Defense and for the Reconstruction of Iraq and Afghanistan, 

2004. 

Motion by: Mr. Goss. 

Summary of motion: To report the resolution. 

Results: Agreed to 9 to 4. 

Vote by Members: Goss—Yea; Linder—Yea; Pryce—Yea; DiazBalart—Yea; Hastings (WA)—Yea; Myrick—Yea; Sessions—Yea; 

Reynolds—Yea; Frost—Nay; Slaughter—Nay; McGovern—Nay; 

Hastings (FL)—Nay; Dreier—Yea.

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