H. Rept. 112-77 - 112th Congress (2011-2012)
May 12, 2011, As Reported by the Armed Services Committee

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House 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




[House Report 112-77]
[From the U.S. Government Printing 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

                                     



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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

                              ----------                              
                                                                   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.