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108th Congress                                            Rept. 108-289
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

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



 
 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

                                _______
                                

                October 1, 2003.--Ordered to be printed

                                _______
                                

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.