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113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-547

======================================================================

 
    DIRECTING THE SECRETARY OF DEFENSE TO TRANSMIT TO THE HOUSE OF 
     REPRESENTATIVES COPIES OF ANY EMAILS IN THE POSSESSION OF THE 
    DEPARTMENT OF DEFENSE OR THE NATIONAL SECURITY AGENCY THAT WERE 
TRANSMITTED TO OR FROM THE EMAIL ACCOUNT(S) OF FORMER INTERNAL REVENUE 
  SERVICE EXEMPT ORGANIZATIONS DIVISION DIRECTOR LOIS LERNER BETWEEN 
                      JANUARY 2009 AND APRIL 2011

                                _______
                                

   July 22, 2014.--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. 649]

    The Committee on Armed Services, to whom was referred the 
resolution (H. Res. 649) directing the Secretary of Defense to 
transmit to the House of Representatives copies of any emails 
in the possession of the Department of Defense or the National 
Security Agency that were transmitted to or from the email 
account(s) of former Internal Revenue Service Exempt 
Organizations Division Director Lois Lerner between January 
2009 and April 2011, having considered the same, report thereon 
without amendment and without recommendation.

                         PURPOSE AND BACKGROUND

    On June 25, 2014, Representative Steve Stockman introduced 
H. Res. 649, a resolution of inquiry directing the Secretary of 
Defense to transmit to the House of Representatives copies of 
any emails in the possession of the Department of Defense or 
the National Security Agency that were transmitted to or from 
the email account(s) of former Internal Revenue Service Exempt 
Organizations Division Director Lois Lerner between January 
2009 and April 2011.
    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 H. Res. 649, within 
14 legislative days or a privileged motion to discharge the 
committee is in order. H. Res. 649 was referred to the 
Committee on Armed Services on June 25, 2014.
    Under the rules and precedents of the House, a resolution 
of inquiry is one of the methods that the House can use to 
obtain information from the executive branch. As stated in 
volume 7, chapter 24, section 8 of ``Deschler's Precedents,'' a 
resolution of inquiry is a ``simple resolution making a direct 
request or demand of the President or head of an executive 
department to furnish the House of Representatives with 
specific information in the possession of the executive 
branch.'' In addition, the resolution must seek facts rather 
than opinions and may not require an investigation.
    On July 16, 2014, the Committee on Armed Services met in 
open session to consider H. Res. 649 and report the measure to 
the House. No amendments to the resolution were offered. The 
committee ordered H. Res. 649 reported to the House by voice 
vote without recommendation and without amendment, a quorum 
being present.

                                HEARINGS

    No hearings were held by the committee on H. Res. 649.

                           COMMITTEE POSITION

    On July 16, 2014, the Committee on Armed Services held a 
markup session to consider H. Res. 649. No amendments were 
offered to the resolution. The committee ordered H. Res. 649 
reported to the House without recommendation by voice vote, a 
quorum being present.
    The committee notes that oversight of this matter and 
related document requests are being conducted by the committees 
with jurisdiction over the Internal Revenue Service.

                            COMMITTEE VOTES

    In accordance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the committee advises that there 
were no record votes taken during the committee's consideration 
of H. Res. 649.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Clause 3(c)(3) of rule XIII of the House of Representatives 
is not applicable because the Congressional Budget Office did 
not provide a cost estimate for the resolution.

                        COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d) of rule XIII of the Rules of the 
House of Representatives, the committee estimates the costs of 
implementing the resolution would be negligible.

           STATEMENT REQUIRED BY THE CONGRESSIONAL BUDGET ACT

    In accordance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, and section 308(a) of the 
Congressional Budget Act of 1974 (Public Law 93-344), this 
resolution does not provide new budget authority, new spending 
authority, new credit authority, or an increase or decrease in 
revenues or tax expenditures.

                          ADVISORY OF EARMARKS

    The committee finds that H. Res. 649 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.

                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.

                  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 
resolution contains no Federal mandates with respect to state, 
local, and tribal governments, nor with respect to the private 
sector. Similarly, the resolution provides no 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).

                    DUPLICATION OF FEDERAL PROGRAMS

    No provision of the resolution establishes or reauthorizes 
a program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  DISCLOSURE OF DIRECTED RULE MAKINGS

    The committee estimates that H. Res. 649 requires no 
directed rule makings.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, H. Res. 649 would not make any 
changes to existing law.