Mr. Speaker, I want to thank the gentlewoman from Ohio (Ms. Sutton) for yielding me the customary 30 minutes, and I yield myself as much time as I may consume. Mr. Speaker, let me begin by saying…
Mr. Speaker, I want to thank the gentlewoman from Ohio (Ms. Sutton) for yielding me the customary 30 minutes, and I yield myself as much time as I may consume.
Mr. Speaker, let me begin by saying this rule provides for the consideration of H.R. 2740, the MEJA Expansion and
Enforcement Act. This bill is an attempt to ensure that all Federal civilian contractors can be prosecuted for crimes they commit abroad. The issue before us today is not, Mr. Speaker, a policy decision to determine whether or not contractors should be in Iraq, but, rather, the issue is whether the principle of current law should be applied to civilian contractors.
Yesterday, Mr. Speaker, Mr. Forbes, the ranking member of the Subcommittee on Crime, Terrorism and Homeland Security in the Judiciary Committee testified before the Rules Committee that while the intent of this legislation is right, this bill is very, very poorly drafted. During markup of the bill by the House Judiciary Committee, Mr. Forbes and other Republicans on the Judiciary Committee raised concerns with Members on the other side of the aisle. Republicans agreed that they would work to move this legislation forward because of assurances made by the majority members of the committee that their concerns would be worked out. Mr. Forbes testified before the Rules Committee that his main concerns with the bill were a lack of clear definitions, vague language and Federal mandates on the FBI without additional resources.
Mr. Speaker, a manager's amendment was submitted to the Rules Committee and it wasn't until after the Rules Committee amendment deadline had passed Monday evening that Mr. Forbes found that none of the concerns raised by Republicans were addressed in the manager's amendment. At this point, of course, it was too late for Mr. Forbes and other Members to submit amendments. Had they tried to submit amendments to the Rules Committee past the deadline, they likely would have been turned away at the Rules Committee door, just as many Members, including myself, have been this Congress.
Yesterday, the ranking member, Mr. Dreier, attempted to provide an open rule for consideration of this bill. An open rule would have allowed any Member of the House of Representatives an opportunity to come forward and amend the bill, and especially those members of the Judiciary Committee that felt that they were left out of this process. However, the Democrat-controlled Rules Committee rejected this idea on a party line vote of 8-4.
Mr. Dreier then attempted to allow Mr. Forbes to offer an amendment on the floor today to make changes to the bill in order to restore the commitment that was once made by the Democrat majority. But I am disappointed that this attempt was also rejected on a party line vote of 8-4.
Mr. Speaker, the underlying bill was reported by the Judiciary Committee over 2 months ago and yet the Democrat majority failed to make good on their commitment to address the reasonable and entirely justifiable concerns raised by Republicans.
Mr. Speaker, contractor accountability is an issue that should be discussed and addressed in a bipartisan manner. But there are legitimate concerns with the way this bill was drafted. Unfortunately, this rule denies Members, including all Republicans, an opportunity to improve the underlying bill. Because the Rules Committee has once again chosen to stifle bipartisanship and deliberation by bringing forth this restrictive rule, I must urge my colleagues to oppose this rule, House Resolution 702.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, will the gentlewoman yield?
I appreciate the gentlewoman yielding. She was in the committee yesterday when Mr. Forbes testified. I would hope that the gentlewoman would agree with me that when Mr. Forbes testified under questioning from me asking if he felt that he had assurances that these issues would be worked out from the time that the committee passed the bill out of committee in August until now, and he said that he felt that that commitment was a strong commitment, and therefore, he didn't offer any amendments.
Now, would the gentlewoman agree with me that that was what Mr. Forbes said?
Will the gentlewoman further yield on that point?
I appreciate the gentlewoman for yielding.
Mr. Speaker, I just want to say under questioning when I asked Mr. Forbes, because he stated that the deadline had passed when the manager's amendment which did not address their concerns was introduced, he then, of course, would be prohibited from offering amendments. I asked him if there were an opportunity in the next 24 hours, i.e., from yesterday until today, could they prepare amendments to address these concerns, he said, ``Yes.''
I hope that the gentlewoman will agree with me that that is what he said yesterday in front of the Rules Committee.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I just want to make the point once again, the reason that there were no Republican amendments that were submitted to the Rules Committee is because there was a clear, clear understanding when the bill was passed out of the Judiciary Committee that the issues and concerns that were raised by the Republicans would be addressed in a bipartisan way, and the vehicle by which they would be addressed was a manager's amendment, which is a normal process when you bring bills to the floor. That commitment was apparently not fulfilled.
By the time that the manager's amendment was drafted, with the idea that supposedly in a bipartisan way these issues would be addressed, it was too late for any Republican to offer an amendment because it was past the deadline that was put in place by this new majority on the Rules Committee. Therefore, there was no chance for Republicans to submit any amendments. Therefore, there were no amendments that were submitted.
So I just wanted to set the record straight, Mr. Speaker, that the reason that there were no Republican amendments submitted to the Rules Committee is because a promise and a commitment was broken between August 2 and October 2, yesterday, when we met on this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 2 minutes to the gentleman from North Carolina.
Mr. Speaker will the gentleman yield?
Mr. Speaker, I appreciate the gentleman yielding for this exchange, because I think it is important. This issue is very, very important because we are talking about ultimately a portion of the security of our country, and I think we need to address that in a bipartisan way.
I am simply pointing out, in testimony yesterday in front of the Rules Committee, Mr. Forbes was given the assurance when the bill left the Judiciary Committee, and I don't think that the gentleman is on the Judiciary Committee, but he felt that he had a commitment that those concerns be addressed.
Now, having concerns addressed and being totally satisfied are two different things. If they weren't satisfied, then you could offer an amendment to make the adjustments and you could debate those issues. The point I am making is that Mr. Forbes felt that the commitment that was given to him to make those adjustments and those concerns were not fully addressed; therefore, he didn't submit any amendments to the bill. I am not suggesting that all of his concerns should be in the manager's amendment; I am simply suggesting that he was denied the opportunity, in his mind, to have these concerns addressed.
Mr. Speaker, if the gentleman will yield further, I just want to, Mr. Speaker, tell my colleagues that there was no Forbes amendment in front of the Rules Committee, so I can't even pass judgment whether it addressed the concerns that he had. He did not submit an amendment to the Rules Committee. He did not submit an amendment to the Rules Committee because he was given the assurances that the concerns that were raised when the bill came out of committee would be addressed.
While the gentleman is probably talking about a potential amendment, nobody on the Rules Committee saw the amendment, because the amendment was not submitted to the Rules Committee because he felt his concerns were not addressed.
Mr. Speaker, I thank the gentleman for allowing me to clarify that. When he talks about the Forbes amendment, there is, or was no Forbes amendment in front of the Rules Committee yesterday.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would agree with the previous speaker, my friend from Oregon, that the sponsor of this bill, the gentleman from North Carolina (Mr. Price), is a very, very thoughtful individual. I have worked with him on some issues, and I would agree with that. I think Members would also agree with me when I say that the gentleman from Virginia (Mr. Forbes) is also a very thoughtful individual and somebody that you can work with on a bipartisan basis.
When somebody like Mr. Forbes comes to the Rules Committee and tells us that he was given a commitment about concerns that he felt needed to be addressed in this legislation and was given the assurances that they would be addressed, not necessarily solved but at least be addressed, I think you would have to say that he was acting in very good faith. I think this sends a very, very strong message for Members that want to work in a bipartisan way and then get treated as Mr. Forbes said he was treated. I think that is not good for the institution.
So I just want to, Mr. Speaker, reiterate once again what happened. The reason that there were no amendments substantive to the issue of the concerns that were submitted by Republicans to the Rules Committee is because the ranking member on the subcommittee dealing with this issue felt that the commitments that were given to him were not carried out. There were no, apparently, discussions of what was going into the manager's amendment.
Again, I am not suggesting Mr. Forbes would have been totally happy, but he could have offered an amendment to address those concerns. He was denied that opportunity simply, simply because he felt the commitment that was given to him when the bill came out of the Judiciary Committee was not carried through.
So it is for that reason, that reason that we probably won't have as robust a debate on this issue, and in all likelihood we won't have the kind of legislation that needs to go forward in a bipartisan manner on something where everybody agrees that the intent of this legislation is what everybody agrees on a bipartisan basis needs to happen. I regret that. It is for that reason that I ask my colleagues to vote ``no'' on the rule.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, for the past several weeks my colleagues on the Rules Committee and I have called for a vote on the previous question and will be doing so again today. Why? Because we are concerned that the House rules are flawed when it comes to the enforceability of earmarks.
Republican Leader Boehner has a proposal that will improve the House rules and allow the House to debate openly and honestly the validity and accuracy of earmarks contained in all bills. I am asking that my colleagues vote ``no'' on the previous question so that I can amend the rule to allow the House to immediately consider House Resolution 479 introduced by Republican Leader Boehner.
By defeating the previous question, the House will still be able to consider the MEJA Expansion and Enforcement Act today, but will also be able to address earmark enforceability in order to restore the credibility of the House. I am hopeful today will be the day my colleagues will defeat the previous question and, in doing so, will send a strong message to American taxpayers that this House is serious when it comes to earmark transparency.
Mr. Speaker, I ask unanimous consent to have the text of the amendment and extraneous material inserted in the Record prior to the vote on the previous question.
Mr. Speaker, I urge my colleagues to oppose the previous question and the restrictive rule.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.