[House Report 108-289]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-289
HOUSE OF REPRESENTATIVES
1st Session Part 1
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REQUESTING THE PRESIDENT TO TRANSMIT TO THE HOUSE OF REPRESENTATIVES
THE REPORT PREPARED FOR THE JOINT CHIEFS OF STAFF ENTITLED ``OPERATION
IRAQI FREEDOM STRATEGIC LESSONS LEARNED'' AND DOCUMENTS IN HIS
POSSESSION ON THE RECONSTRUCTION AND SECURITY OF POST-WAR IRAQ
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October 1, 2003.--Ordered to be printed
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Mr. Hyde, from the Committee on International Relations, submitted the
following
ADVERSE REPORT
[To accompany H. Res. 364]
The Committee on International Relations, to whom was
referred the resolution (H. Res. 364) requesting the President
to transmit to the House of Representatives not later than 14
days after the date of adoption of this resolution the report
prepared for the Joint Chiefs of Staff entitled ``Operation
Iraqi Freedom Strategic Lessons Learned'' and documents in his
possession on the reconstruction and security of post-war Iraq,
having considered the same, reports adversely thereon without
amendment and recommends that the resolution not be agreed to.
TABLE OF CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 5
Committee Consideration.......................................... 5
Vote of the Committee............................................ 5
Committee Oversight Findings..................................... 6
New Budget Authority and Tax Expenditures........................ 6
Performance Goals and Objectives................................. 6
Constitutional Authority Statement............................... 6
Congressional Accountability Act................................. 6
Federal Mandates................................................. 6
Purpose and Summary
House Resolution 364 requests the President to transmit to
the House of Representatives not later than 14 days after the
date of the adoption of this resolution the report prepared for
the Joint Chiefs of Staff entitled ``Operation Iraqi Freedom
Strategic Lessons Learned'' and documents in the President's
possession on the reconstruction and security of post-war Iraq.
Background and Need for the Legislation
House Resolution 364 is a resolution of inquiry, which
pursuant to rule XIII, clause 7, of the Rules of the House of
Representatives, directs the Committee to act on the resolution
within 14 legislative days, or a privileged motion to discharge
the Committee is in order. H. Res. 364 was introduced and
referred to the Committee on Armed Services, and in addition to
the Committee International Relations on September 9, 2003, and
was ordered reported adversely by the Committee on September
25, 2003.
Under the rules and precedents of the House, a resolution
of inquiry is the means by which the House requests information
from the President of the United States or the head of one
executive departments. According to ``Deschler's Precedents,''
it is a ``simple resolution making a direct request or demand
of the President or the head of an executive department to
furnish the House of Representatives with specific factual
information in the possession of the executive branch.''
On September 9, 2003, Mr. Wexler of Florida introduced H.
Res. 364, a resolution of inquiry requesting the President to
transmit to the House of Representatives the report prepared
for the Joint Chiefs of Staff entitled, ``Operation Iraqi
Freedom Strategic Lessons Learned'' and documents in the
President's possession on the reconstruction and security of
post-war Iraq.
In a letter dated September 25, 2003, addressed to the
Chairman of the House Committee on Armed Services (HASC), Mr.
Hunter, General Richard B. Myers, Chairman of the Joint Chiefs
of Staff, explained that the report prepared for the Joint
Staff entitled, ``Operation Iraqi Freedom Strategic Lessons
Learned'' ``is still in draft form.'' General Myers further
explained in his letter that the document was ``being prepared
as a briefing to be followed up by a complete written report at
a later date.'' In his letter, General Myers commits to making
the report ``as complete and comprehensive as possible,'' and
to providing both the briefing and report to the HASC ``as soon
as each is completed.'' In closing the letter, General Myers
commits to ensuring Congress is completely informed on these
issues.
The Chairman of the HASC, Mr. Hunter, in a September 25,
2003, letter addressed to the Chairman of the House Committee
on International Relations, committed to granting any Member of
the House, consistent with appropriate security procedures and
House Rules, access to review the briefing materials and the
report once the HASC receives copies of the documents.
[Copies of these 2 letters follow:]
The Joint Staff, which is charged with preparing the
briefing and report, has explained that the requested briefing
and report are major undertakings that will entail hundreds of
interviews, a large number of which are still ongoing. The
briefing and report are very much works-in-progress and exist
today in draft form only. The Joint Staff further notes that
the ``Lessons Learned'' reports have been prepared routinely by
the Defense Department following every major conflict involving
our Armed Forces, in order to prepare our forces for any future
conflicts and the reports are made available to the HASC in the
normal course of business.
The HASC plans to continue its oversight hearings and
weekly oversight briefings by the Department of Defense and the
Joint Staff on post-war Iraq issues, which have been and will
remain open to all Members of the House to attend.
General Myers' written commitment to provide the briefing
and report entitled ``Operation Iraqi Freedom Strategic Lessons
Learned'' to the HASC ``as soon as each is completed'' and
Chairman Hunter's written commitment to grant access to any
Member of the House, consistent with appropriate security
procedures and House Rules, to review the briefing materials
and the report once the HASC receives copies of the documents
render premature as a matter of substance the resolution of
inquiry regarding this report.
As to the request in H. Res. 364 to transmit to the House
of Representatives documents in the President's possession on
the reconstruction and security of post-war Iraq, it is the
view of the Committee that this request is so broad and vague
as to make it virtually impossible to comply with.
Because the briefing materials and report are still in
draft form, but will be made available to the HASC once each is
completed, which in turn will grant access to any Member of the
House, consistent with appropriate security procedures and
House Rules, and because the second part of the request is so
broad and vague, the Committee deemed the resolution to be
premature in the first instance, and virtually impossible to
support in the second instance, and accordingly ordered it
reported adversely.
Hearings
The Committee did not hold hearings on H. Res. 364.
Committee Consideration
On September 25, 2003, the Committee met in open session
and with a quorum being present ordered the resolution of
inquiry H. Res. 364 reported adversely without amendment by a
record vote of 24 ayes to 20 noes.
Vote of the Committee
A motion to report H. Res. 364 adversely to the House was
agreed to by a record vote of 24 ayes to 20 noes.
Voting yes: Leach, Bereuter, Smith (NJ), Burton, Ros-
Lehtinen, Ballenger, Rohrabacher, Royce, Chabot, Houghton,
McHugh, Tancredo, Paul, Smith (MI), Pitts, Flake, Davis, Green,
Weller, Pence, McCotter, Janklow, Harris and Hyde.
Voting no: Lantos, Berman, Payne, Menendez, Brown, Sherman,
Wexler, Engel, Delahunt, Meeks, Lee, Crowley, Hoeffel,
Blumenauer, Berkley, Napolitano, Schiff, Watson, Smith (WA) and
Bell.
Committee Oversight Findings
The Committee held no oversight activities under clause
2(b)(1) of rule X of the Rules of the House of Representatives.
New Budget Authority and Tax Expenditures
Clause 3(2) of House Rule XIII is inapplicable because H.
Res. 364 does not provide new budgetary authority or increased
tax expenditures.
Performance Goals and Objectives
The rule requiring a statement of performance goals and
objectives is inapplicable.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this resolution in article I, section 1 of the Constitution.
New Advisory Committees
H. Res. 364 does not establish or authorize any new
advisory committees.
Congressional Accountability Act
H. Res. 364 does not apply to the legislative branch.
Federal Mandates
H. Res. 364 provides no Federal mandates.