69–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–359 

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 

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 


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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; 


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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: 


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‘‘(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 Theater 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 


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‘‘(4) any recommended changes to Federal law that the Director considers necessary to perform the duties of the Act.’’

Æ 


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