[DOCID: f:hr359.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-359
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2740) TO REQUIRE
ACCOUNTABILITY FOR CONTRACTORS AND CONTRACT PERSONNEL UNDER FEDERAL
CONTRACTS, AND FOR OTHER PURPOSES
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October 2, 2007.--Referred to the House Calendar and ordered to be
printed
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Ms. Sutton, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 702]
The Committee on Rules, having had under consideration
House Resolution 702, by a record vote of 8 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. 2740, the
``MEJA Expansion and Enforcement Act of 2007,'' under a
structured rule. The resolution provides for one hour of
general debate equally divided and controlled by the chairman
and ranking minority member of the Committee on the Judiciary.
The resolution waives all points of order against
consideration of the bill except those arising under clause 9
or 10 of rule XXI. The resolution provides that the amendment
in the nature of a substitute recommended by the Committee on
the Judiciary shall be considered as an original bill for the
purpose of further amendment and shall be considered as read.
The resolution waives all points of order against the committee
amendment in the nature of a substitute except those arising
under clause 10 of rule XXI. This waiver does not affect the
point of order available under clause 9 of rule XXI (regarding
earmark disclosure).
The resolution makes in order only those amendments printed
in this report. Such amendments may be offered only in the
order printed in this report, only offered by the Member
designated in this report, shall be considered as read, shall
be debatable for the time specified in this report equally
divided and controlled by the proponent and an opponent, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question in the House or in the
Committee of the Whole. The resolution waives all points of
order against the amendments printed in this report except
those arising under clause 9 or 10 of rule XXI. The resolution
provides one motion to recommit with or without instructions.
Finally, the resolution permits the Chair, during consideration
of the bill in the House, to postpone further consideration of
the bill to a time designated by the Speaker.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against the
bill and its consideration (except for those arising under
clause 9 or 10 of rule XXI), the Committee is not aware of any
points of order against the bill or its consideration. The
waivers of all points of order against the bill and its
consideration (except those arising under clause 9 or 10 of
rule XXI) are prophylactic in nature.
COMMITTEE VOTES
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. 328
Date: October 2, 2007.
Measure: H.R. 2740.
Motion by: Mr. Dreier.
Summary of motion: To grant an open rule.
Results: Defeated 4-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea.
Rules Committee record vote No. 329
Date: October 2, 2007.
Measure: H.R. 2740.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Forbes that would address the
intelligence and Department of Justice issues.
Results: Defeated 4-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea.
Rules Committee record vote No. 330
Date: October 2, 2007.
Measure: H.R. 2740.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Brown-Waite (#2) that would
debar or suspend from federal contracting any contractor that
directly employs, or has knowledge of subcontractors employment
of, undocumented workers. This action would take effect upon
enactment of the bill and would not be applied retroactively.
Results: Defeated 4-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea.
Rules Committee record vote No. 331
Date: October 2, 2007.
Measure: H.R. 2740.
Motion by: Mr. Hastings (FL).
Summary of motion: To report the rule.
Results: Adopted 8-4.
Vote by Members: McGovern--Yea; Hastings (FL)--Yea;
Matsui--Yea; Cardoza--Yea; Welch--Yea; Castor--Yea; Arcuri--
Yea; Sutton--Yea; Dreier--Nay; Diaz-Balart--Nay; Hastings
(WA)-- Nay; Sessions--Nay.
SUMMARY OF AMENDMENTS TO BE MADE IN ORDER
1. Conyers (MI)/Price, David (NC)/Scott, Robert (VA): No. 6
Manager's Amendment. (REVISED) The amendment clarifies that the
FBI investigate those fatalities resulting from
the``potentially unlawful'' use of force. The amendment also
allows the Attorney General to request assistance from other
federal agencies when assigning personnel and resources to the
FBI Theater Investigative Unit. The amendment mandates that the
FBI request security assistance from the Secretary of Defense
in any case in which the FBI Units need adequate security. (10
minutes)
2. Schakowsky (IL): No. 5. (REVISED) The amendment would
require the Department of Justice to report a list of charges
that have been brought against contractors and contract
employees in Iraq and Afghanistan; and a description of the
legal actions taken by the United States government against
contractors and contract employees in Iraq and Afghanistan as a
result of a criminal charge or criminal investigation. (10
minutes)
3. Hill (IN): No. 3. Would require the Director of the FBI
to submit an annual written report to Congress of the progress
of the Theater Investigative Units, including the number of
reports received of criminal misconduct by contractors, the
number of reports received of fatalities caused by contract
personnel, the number of cases referred to the Attorney
General, and statutory changes necessary for the Director to
carry out the duties entailed by this bill. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Conyers of Michigan, or
His Designee, Debatable for 10 Minutes
Page 5, line 2, insert ``potentially unlawful'' before
``use''.
Page 5, strike lines 17 through 25 and insert the following:
(d) Assistance on Request of Attorney General.--In
consultation with the Director of the Federal Bureau of
Investigation, the Attorney General may request assistance from
the Secretary of State, the Secretary of Defense, the Secretary
of Homeland Security, or the head of any other Executive
agency, notwithstanding any statute, rule, or regulation to the
contrary, including the assignment of additional personnel and
resources to a Theater Investigative Unit.
Page 5, after line 16, insert the following:
(3) Security.--The Director of the Federal Bureau of
Investigation shall request security assistance from
the Secretary of Defense in any case in which a Theater
Investigative Unit does not have the resources or is
otherwise unable to provide adequate security to ensure
the safety of such Unit. The Director may not request
or provide for security for a Theater Investigate Unit
from any individual or entity other than the Federal
Bureau of Investigation or the Secretary of Defense.
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2. An Amendment To Be Offered by Representative Schakowsky of Illinois,
or Her Designee, Debatable for 10 Minutes
In section 2(b)(2) of the bill--
(1) in subparagraph (A)(iv), strike ``and'' after the
semicolon;
(2) in subparagraph (B), strike the period and insert
``; and''; and
(3) at the end of the paragraph, add the following
new subparagraph:
``(C) with respect to covered contracts where
the work under such contracts is carried out in
Iraq or Afghanistan--
``(i) a list of each charge brought
against contractors or contract
personnel performing work under such a
covered contract, including--
``(I) a description of the
offense with which a contractor
or contract personnel were
charged; and
``(II) the disposition of
such charge; and
``(ii) a description of any legal
actions taken by the United States
Government against contractors or
contract personnel as a result of--
``(I) a criminal charge
brought against such
contractors or contract
personnel; or
``(II) a complaint received
regarding the activities of
such contractors or contract
personnel.
----------
3. An Amendment To Be Offered by Representative Hill of Indiana, or His
Designee, Debatable for 10 Minutes
At the end of section 3, add the following new subsection:
``(e) Annual Report.--Not later than one year after the date
on which the Director of the Federal Bureau of Investigation
ensures compliance with the provisions of this Act pursuant to
section 5(c), and annually thereafter, the Director of the
Federal Bureau of Investigation shall submit to Congress a
report containing--
``(1) the number of reports received by Thearter
Investigative Units relating to suspected criminal
misconduct by contractors or contract personnel;
``(2) the number of reports received by Theater
Investigative Units relating to fatalities resulting
from the use of force by contractors or contract
personnel;
``(3) the number of cases referred by Theater
Investigative Units to the Attorney General for further
investigation or other action; and
``(4) any recommended changes to Federal law that the
Director considers necessary to perform the duties of
the Director under this Act.
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