[House Report 112-77]
[From the U.S. Government Publishing Office]
112th Congress
1st Session HOUSE OF REPRESENTATIVES Report
112-77
_______________________________________________________________________
DIRECTING THE SECRETARY OF DEFENSE TO TRANSMIT TO THE HOUSE OF
REPRESENTATIVES COPIES OF ANY DOCUMENT, RECORD, MEMO, CORRESPONDENCE,
OR OTHER COMMUNICATION OF THE DEPARTMENT OF DEFENSE, OR ANY PORTION OF
SUCH COMMUNICATION, THAT REFERS OR RELATES TO ANY CONSULTATION WITH
CONGRESS REGARDING OPERATION ODYSSEY DAWN OR MILITARY ACTIONS IN OR
AGAINST LIBYA
__________
REPORT
OF THE
COMMITTEE ON ARMED SERVICES
HOUSE OF REPRESENTATIVES
ON
H. RES. 208
May 12, 2011.--Referred to the House Calendar and ordered to be printed
HOUSE COMMITTEE ON ARMED SERVICES
One Hundred Twelfth Congress
HOWARD P. ``BUCK'' McKEON, California, Chairman
ROSCOE G. BARTLETT, Maryland ADAM SMITH, Washington
MAC THORNBERRY, Texas SILVESTRE REYES, Texas
WALTER B. JONES, North Carolina LORETTA SANCHEZ, California
W. TODD AKIN, Missouri MIKE McINTYRE, North Carolina
J. RANDY FORBES, Virginia ROBERT A. BRADY, Pennsylvania
JEFF MILLER, Florida ROBERT ANDREWS, New Jersey
JOE WILSON, South Carolina SUSAN A. DAVIS, California
FRANK A. LoBIONDO, New Jersey JAMES R. LANGEVIN, Rhode Island
MICHAEL TURNER, Ohio RICK LARSEN, Washington
JOHN KLINE, Minnesota JIM COOPER, Tennessee
MIKE ROGERS, Alabama MADELEINE Z. BORDALLO, Guam
TRENT FRANKS, Arizona JOE COURTNEY, Connecticut
BILL SHUSTER, Pennsylvania DAVE LOEBSACK, Iowa
K. MICHAEL CONAWAY, Texas GABRIELLE GIFFORDS, Arizona
DOUG LAMBORN, Colorado NIKI TSONGAS, Massachusetts
ROB WITTMAN, Virginia CHELLIE PINGREE, Maine
DUNCAN HUNTER, California LARRY KISSELL, North Carolina
JOHN C. FLEMING, M.D., Louisiana MARTIN HEINRICH, New Mexico
MIKE COFFMAN, Colorado BILL OWENS, New York
TOM ROONEY, Florida JOHN R. GARAMENDI, California
TODD RUSSELL PLATTS, Pennsylvania MARK S. CRITZ, Pennsylvania
SCOTT RIGELL, Virginia TIM RYAN, Ohio
CHRIS GIBSON, New York C.A. DUTCH RUPPERSBERGER, Maryland
VICKY HARTZLER, Missouri HANK JOHNSON, Georgia
JOE HECK, Nevada KATHY CASTOR, Florida
BOBBY SCHILLING, Illinois BETTY SUTTON, Ohio
JON RUNYAN, New Jersey COLLEEN HANABUSA, Hawaii
AUSTIN SCOTT, Georgia
TIM GRIFFIN, Arkansas
STEVEN PALAZZO, Mississippi
ALLEN B. WEST, Florida
MARTHA ROBY, Alabama
MO BROOKS, Alabama
TODD YOUNG, Indiana
Robert L. Simmons II, Staff Director
C O N T E N T S
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Page
Purpose and Background........................................... 2
Legislative History.............................................. 2
Committee Position............................................... 3
Committee Cost Estimate.......................................... 3
Earmark Identification........................................... 3
Oversight Findings............................................... 3
General Performance Goals and Objectives......................... 3
Constitutional Authority Statement............................... 3
Federal Advisory Committee Statement............................. 3
Statement of Federal Mandates.................................... 3
Applicability to the Legislative Branch.......................... 4
Hearings......................................................... 4
Committee Votes.................................................. 4
Changes in Existing Law Made by the Bill, as Reported............ 4
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-77
======================================================================
DIRECTING THE SECRETARY OF DEFENSE TO TRANSMIT TO THE HOUSE OF
REPRESENTATIVES COPIES OF ANY DOCUMENT, RECORD, MEMO, CORRESPONDENCE,
OR OTHER COMMUNICATION OF THE DEPARTMENT OF DEFENSE, OR ANY PORTION OF
SUCH COMMUNICATION, THAT REFERS OR RELATES TO ANY CONSULTATION WITH
CONGRESS REGARDING OPERATION ODYSSEY DAWN OR MILITARY ACTIONS IN OR
AGAINST LIBYA
_______
May 12, 2011.--Referred to the House Calendar and ordered to be printed
_______
Mr. McKeon, from the Committee on Armed Services, submitted the
following
R E P O R T
[To accompany H. Res. 208]
The Committee on Armed Services, to whom was referred the
resolution (H. Res. 208) directing the Secretary of Defense to
transmit to the House of Representatives copies of any
document, record, memo, correspondence, or other communication
of the Department of Defense, or any portion of such
communication, that refers or relates to any consultation with
Congress regarding Operation Odyssey Dawn or military actions
in or against Libya, having considered the same, report
favorably thereon with amendments and recommend that the
resolution as amended be agreed to.
The amendments are as follows:
Strike all after the resolving clause and insert the
following:
That the House of Representatives directs the Secretary of Defense to
transmit to the House of Representatives, not later than 14 days after
the date of the adoption of this resolution, copies of any official
document, record, memo, correspondence, or other communication of the
Department of Defense in the possession of the Secretary of Defense
that was created on or after February 15, 2011, and refers or relates
to any of the following:
(1) Consultation or communication with Congress regarding the
employment or deployment of the United States Armed Forces for
Operation Odyssey Dawn or NATO Operation Unified Protector.
(2) The War Powers Resolution and Operation Odyssey Dawn or
Operation Unified Protector.
Amend the title so as to read:
Resolution directing the Secretary of Defense to transmit to the
House of Representatives copies of any official document, record, memo,
correspondence, or other communication of the Department of Defense in
the possession of the Secretary of Defense that refers or relates to
any consultation with Congress regarding Operation Odyssey Dawn or NATO
Operation Unified Protector.
Purpose and Background
On April 7, 2011, Representative Tom Cole (R-OK) introduced
House Resolution 208, a resolution of inquiry. The resolution,
as introduced, would direct the Secretary of Defense to
transmit to the House of Representatives copies of any
document, record, memo, correspondence, or other communication
of the Department of Defense, or any portion of such
communication, that refers or relates to any consultation with
Congress regarding Operation Odyssey Dawn or military actions
in or against Libya.
Clause 7 of rule XIII of the Rules of the House of
Representatives provides for a committee to report on a
qualifying resolution of inquiry, such as House Resolution 208,
within 14 legislative days or a privileged motion to discharge
the committee is in order. House Resolution 208 was referred to
the Committee on Armed Services on April 7, 2011.
Under the rules and precedents of the House, a resolution
of inquiry is one of the means by which the House may request
information from the head of one of the executive departments.
It is a simple resolution making a demand of the head of an
executive department to furnish the House of Representatives
with specific information in the possession of the executive
branch. It is not used to request opinions or to require an
investigation on a subject.
On May 11, 2011, the Committee on Armed Services took up
House Resolution 208 for the purpose of reporting a
recommendation to the House. House Resolution 208 was amended
to direct the Secretary of Defense to transmit to the House of
Representatives, not later than 14 days after the date of the
adoption of such resolution, copies of any official document,
record, memo, correspondence, or other communication of the
Department of Defense in the possession of the Secretary of
Defense that was created on or after February 15, 2011, and
refers or relates to any of the following: (1) consultation or
communication with Congress regarding the employment or
deployment of the United States Armed Forces for Operation
Odyssey Dawn or North Atlantic Treaty Organization (NATO)
Operation Unified Protector; and (2) the War Powers Resolution
and Operation Odyssey Dawn or Operation Unified Protector.
Additionally, the title of House Resolution 208 was amended so
as to read: ``Resolution directing the Secretary of Defense to
transmit to the House of Representatives copies of any official
document, record, memo, correspondence, or other communications
of the Department of Defense in the possession of the Secretary
of Defense that relates to any consultation with Congress
regarding Operation Odyssey Dawn or NATO Operation Unified
Protector.''
Legislative History
House Resolution 208 was introduced on April 7, 2011, and
referred to the Committee on Armed Services.
On May 11, 2011, the Committee on Armed Services held a
mark-up session to consider House Resolution 208, as
introduced. The committee, a quorum being present, ordered to
be reported House Resolution 208, as amended, to the House with
a favorable recommendation by a voice vote.
Committee Position
On May 11, 2011, the Committee on Armed Services, a quorum
being present, ordered to be reported House Resolution 208, as
amended, to the House with a favorable recommendation by a
voice vote.
Committee Cost Estimate
Pursuant to clause 3(d)(2) of rule XIII of the Rules of the
House of Representatives, the committee estimates the costs of
implementing the resolution would be minimal. The Congressional
Budget Office did not provide a cost estimate for the
resolution.
Earmark Identification
House Resolution 208 does not contain any congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Oversight Findings
With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives, the committee reports that the
findings and recommendations of the committee are incorporated
in the descriptive portions of this report.
With respect to clause 3(c) of rule XIII of the Rules of
the House of Representatives and section 308(a) of the
Congressional Budget Act of 1974, this legislation does not
include any new budget, spending or credit authority, nor does
it provide for any increase or decrease in tax revenues or
expenditures.
General Performance Goals and Objectives
In compliance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, there are no general
performance goals and objectives associated with this
legislation, as it authorizes no funding.
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 legislation in Article I, Section 8 of the United States
Constitution.
Federal Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Statement of Federal Mandates
Pursuant to section 423 of Public Law 104-4, this
legislation contains no federal mandates with respect to state,
local, and tribal governments, nor with respect to the private
sector. Similarly, the bill provides no unfunded federal
intergovernmental mandates.
Applicability to the Legislative Branch
The committee finds that this legislation does not relate
to the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Hearings
No hearings were held on House Resolution 208.
Committee Votes
In accordance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, there were no recorded votes
taken in connection with ordering House Resolution 208
reported. A motion by Mr. Thornberry to order House Resolution
208 reported, as amended, to the House was agreed to be a voice
vote.
Changes in Existing Law Made by the Bill, as Reported
Clause 3(e) of rule XIII of the Rules of the House of
Representatives requires an elaboration or description of how
the reported bill proposes to repeal or amend a statue or part
thereof. There were no changes in existing law made by House
Resolution 208, as reported.