[House Report 110-359]
[From the U.S. Government Publishing Office]



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

                                _______
                                

  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.
                              ----------                              


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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