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66–293PDF 2011

DIRECTING THE SECRETARY OF STATE TO TRANSMIT TO THE

HOUSE OF REPRESENTATIVES COPIES OF ANY DOCUMENT,

RECORD, MEMO, CORRESPONDENCE, OR OTHER COMMUNICATION OF THE DEPARTMENT OF STATE, 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

MARKUP

BEFORE THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED TWELFTH CONGRESS

FIRST SESSION

ON

H. Res. 209

MAY 11, 2011

Serial No. 112–39

Printed for the use of the Committee on Foreign Affairs

(

Available via the World Wide Web: http://www.foreignaffairs.house.gov/

(II)

COMMITTEE ON FOREIGN AFFAIRS 

ILEANA ROS-LEHTINEN, Florida, Chairman 

CHRISTOPHER H. SMITH, New Jersey 

DAN BURTON, Indiana 

ELTON GALLEGLY, California 

DANA ROHRABACHER, California 

DONALD A. MANZULLO, Illinois 

EDWARD R. ROYCE, California 

STEVE CHABOT, Ohio 

RON PAUL, Texas 

MIKE PENCE, Indiana 

JOE WILSON, South Carolina 

CONNIE MACK, Florida 

JEFF FORTENBERRY, Nebraska 

MICHAEL T. MCCAUL, Texas 

TED POE, Texas 

GUS M. BILIRAKIS, Florida 

JEAN SCHMIDT, Ohio 

BILL JOHNSON, Ohio 

DAVID RIVERA, Florida 

MIKE KELLY, Pennsylvania 

TIM GRIFFIN, Arkansas 

TOM MARINO, Pennsylvania 

JEFF DUNCAN, South Carolina 

ANN MARIE BUERKLE, New York 

RENEE ELLMERS, North Carolina 

VACANT 

HOWARD L. BERMAN, California 

GARY L. ACKERMAN, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

DONALD M. PAYNE, New Jersey 

BRAD SHERMAN, California 

ELIOT L. ENGEL, New York 

GREGORY W. MEEKS, New York 

RUSS CARNAHAN, Missouri 

ALBIO SIRES, New Jersey 

GERALD E. CONNOLLY, Virginia 

THEODORE E. DEUTCH, Florida 

DENNIS CARDOZA, California 

BEN CHANDLER, Kentucky 

BRIAN HIGGINS, New York 

ALLYSON SCHWARTZ, Pennsylvania 

CHRISTOPHER S. MURPHY, Connecticut 

FREDERICA WILSON, Florida 

KAREN BASS, California 

WILLIAM KEATING, Massachusetts 

DAVID CICILLINE, Rhode Island 

YLEEM D.S. POBLETE, Staff Director 

RICHARD J. KESSLER, Democratic Staff Director 

(III)

C O N T E N T S 

Page

MARKUP OF 

H. Res. 209: Directing the Secretary of State to transmit to the House of 

Representatives copies of any document, record, memo, correspondence, 

or other communication of the Department of State, 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 ..................................................................................................................... 2

Amendment in the nature of a substitute to H. Res. 209 ................................. 4

APPENDIX 

Markup notice .......................................................................................................... 14

Markup minutes ...................................................................................................... 15

The Honorable Gerald E. Connolly, a Representative in Congress from the 

Commonwealth of Virginia: Prepared statement .............................................. 17

Markup summary .................................................................................................... 18

(1)

DIRECTING THE SECRETARY OF STATE TO TRANSMIT TO 

THE HOUSE OF REPRESENTATIVES COPIES OF ANY DOCUMENT, RECORD, MEMO, CORRESPONDENCE, OR OTHER 

COMMUNICATION OF THE DEPARTMENT OF STATE, 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 

WEDNESDAY, MAY 11, 2011

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON FOREIGN AFFAIRS, 

Washington, DC. 

The committee met, pursuant to notice, at 4:40 p.m., in room 

2172, Rayburn House Office Building, Hon. Ileana Ros-Lehtinen 

(chairman of the committee) presiding. 

Chairman ROS-LEHTINEN. The committee will come to order. 

I am pleased to convene this markup meeting of the Committee 

on Foreign Affairs to address a privileged resolution of inquiry that 

requires prompt committee action. 

Pursuant to notice, for purposes of a markup, I call up the resolution, House Resolution 209, which directs the Secretary of State 

to transmit to the House of Representatives certain documentation 

relating to consultation with Congress regarding military actions in 

or against Libya. 

Without objection, the resolution will be considered as read and 

open for amendment at any point and the amendment in the nature of a substitute that members have before them, which also 

was provided previously to your offices, will be considered as read 

and as base text for purposes of amendment. 

[H. Res. 209 follows:]

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[The amendment in the nature of a substitute follows:]


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Chairman ROS-LEHTINEN. Without objection, to help us economize on time this afternoon and avoid being interrupted by votes 

on the floor, committee members wishing to submit prepared statements for the markup record are given 5 additional calendar days 

to do so. 

Before turning to the ranking member, I recognize myself to 

speak on this measure. 

As mentioned before, we are meeting today to mark up House 

Resolution 209, a privileged motion of inquiry seeking from the 

State Department certain information relating to their notification 

of and consultation with Congress regarding the recent U.S. military intervention in Libya. Resolutions of inquiry require our committee to act within 14 legislative days in order to maintain our 

legislative prerogatives. 

Late last week, the House Parliamentarian notified us that, due 

to unanticipated days of pro forma session, their original May 23rd 

deadline filing estimate had suddenly moved to this Friday, May 

13th. Resolutions of inquiry do not create any enforceable legal obligations and, therefore, do not provide clear legal advantages over 

the oversight tools available to this committee. 

The text we are considering today incorporates minor changes 

that were worked out with the resolution author and were also included in a bipartisan amendment that the House Armed Services 

Committee adopted earlier today when it considered a substantially 

identical resolution of inquiry directed to the Department of Defense. 

In addition to identifying U.S. operations in Libya with greater 

specificity, the amended language focuses the request to ‘‘any official document, record, memo, correspondence, and other communication of the Department of State.’’

In light of the already robust committee oversight of developments in Libya and U.S.-Libya policy, it is unclear how this resolution would add to congressional understanding of these issues. The 

full range of legal issues regarding U.S. involvement in Libya, 

along with policy questions about U.S. objectives in Libya, have 

been and will continue to be a subject of inquiry and oversight by 

this committee. 

Nearly 2 years in advance of these developments, the committee 

had placed holds on proposed armored personnel carrier sales to 

the Qadhafi regime. Our tough questions helped to quash these 


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6

sales, and we can be proud that our oversight prevented Qadhafi 

from using that American technology in his murderous campaign 

against Libyan civilians. 

A year and a half ago, committee objections prompted the Obama 

administration to back away from a proposal to give hundreds of 

thousands of dollars to Qadhafi-run foundations. Since the dramatic developments inside Libya began this spring, our committee’s 

oversight has included six hearings, including our full committee 

hearing with Deputy Secretary of State Steinberg within days of 

the congressional notification of U.S. air strikes, a House-wide classified Members briefing originally requested by our committee, a 

Members ambassadorial roundtable, more than 10 weekly interagency staff briefings, and 3 classified staff briefings. 

I am disappointed that today’s floor votes forced the postponement of today’s scheduled House-wide briefing on war-powers 

issues relating to Libya, but we will reschedule that as soon as we 

are able. 

The committee also has been conducting exacting due diligence 

regarding the administration’s pre-notifications, notifications, and 

requests for humanitarian and non-lethal defense assistance, and 

proposals for using frozen Qadhafi regime assets. We have been in 

active consultation with the executive branch and, when necessary, 

placing informational holds until we receive sufficient specificity 

about proposed assistance and recipients from State and other 

agencies. We want accountability down to the last bandage, and, so 

far, we are receiving it. 

Looking ahead, we will continue to explore other key questions 

about our Libya involvement, such as: Whom are we helping exactly in Libya? Who are these armed rebels? And who are the Interim Transitional National Council members? What safeguards 

and criteria are we using to ensure that U.S. assistance serves U.S. 

national interests? 

I want to assure our members that we will be pursuing these and 

other issues with the same vigor that we have been conducting our 

Libya oversight to date. 

I want to thank the ranking member and his staff for their cooperation in making today’s prompt committee action possible. 

I now recognize the ranking member, Mr. Berman, for any remarks he may have on this measure. 

Mr. BERMAN. Well, thank you, Madam Chairman. 

And I share your sense that the President should consult fully 

with Congress prior to the use of military force. This committee’s 

most important function is to review the use of military force 

abroad. 

Although I would have welcomed further congressional consultation prior to military operations in Libya, I believe the urgency of 

the situation required immediate action. As many advocates observed, preventing a humanitarian catastrophe in Libya was critical—or perhaps I should say, an even greater humanitarian catastrophe in Libya was critical. 

I support the amendment proposed by the chairman, and I appreciate her efforts to limit the scope of this resolution of inquiry. 

The underlying resolution seems more calculated to force an unprecedented disgorging of administration documents than a 

7

thoughtful examination of congressional prerogative in authorizing 

use of force. There are certainly several outstanding questions regarding the War Powers Resolution in the Libya context, but this 

resolution is the wrong way to examine those issues. I appreciate 

the chairman’s efforts to address its shortcomings. 

On a related note, I note the fact that the Armed Services Committee will mark up two provisions today related to the 2001 authorization for the use of military force. One provision will expand 

the authorization for the use of military force, while the other will 

authorize the Secretary of Defense to undertake cyber warfare pursuant to the AUMF of 2001. 

Both of these provisions represent important efforts to clarify the 

President’s authority to use force. They also fall squarely within 

the four corners of this committee’s jurisdiction, and for good reason: The Foreign Affairs Committee is the best positioned to evaluate the foreign-policy bases and, ultimately, the implications of the 

use of force. 

The authorizations proposed, although characterized as reaffirmations, pose numerous questions. For example, the cyber provision would give the President authority to conduct cyber attack 

missions under the 2000 AUMF. Are these offensive missions or 

just defensive ones? A cyber attack mission could be construed by 

a state being attacked as an act of war, which could result in a hot 

conflict. There is a fine line, given the evolving capabilities of cyber 

technologies, which argue for caution in our approach. 

I look forward to working with the chairman and with Chairman 

McKeon of the Armed Services Committee and Ranking Member 

Smith to ensure these provisions adequately incorporate the concerns of this committee. And I intend to support the amendment 

in the nature of a substitute and final passage of it. 

I yield back the balance of my time. 

Chairman ROS-LEHTINEN. Thank you, Mr. Berman. 

Are there any other members seeking recognition on this measure? 

Mr. ROHRABACHER. Yes, Madam Chair. 

Chairman ROS-LEHTINEN. Mr. Rohrabacher is recognized for 5 

minutes. 

Mr. ROHRABACHER. Thank you very much, Madam Chairwoman. 

And let me just note that I appreciate your leadership on this. 

When we are involved in these types of activities, we are setting 

precedent that is important for what we are doing right now but 

also for what will be done in the future. And so we always have 

to be aware of that and watch out for the prerogatives of the legislative branch, but also, having served in the executive branch, supportive of the prerogatives of the executive branch along with us. 

This is not just a fight over jurisdiction between the legislative and 

the executive branch, but it, instead, is a constitutionally definable 

action that is being taken by us as patriots trying to do what is 

right for our country. 

So I appreciate your leadership in this. 

Let me just note this resolution is about asking about trying to 

determine who these insurgents are that we are helping down in 

Benghazi and who are fighting the Qadhafi dictatorship. 

8

Let me just note, at my office tomorrow between 3 o’clock and 4 

o’clock, the interim prime minister of the rebels will be there and 

be willing to talk to anybody. His name is Mahmoud Jibril, who is 

the interim prime minister for the democratic movement in 

Benghazi, and would be willing to answer any questions that we 

would have if we would like to ask him directly, rather than trying 

to talk through the administration. 

So thank you very much. And everyone would be invited tomorrow to my office, 3 o’clock to 4 o’clock. 

Chairman ROS-LEHTINEN. Thank you, Mr. Rohrabacher. 

Any other members wish to be heard? 

Mr. Sherman is recognized for up to 5 minutes. 

Mr. SHERMAN. The executive branch often likes to turn Congress 

into a mere advisory body: Brief us, consult with us, ignore anything we have to say, and not acknowledge the idea that it might 

involve a vote of Congress to engage in a particular foreign policy 

adventure. Sometimes this is more comfortable for us, because we 

avoid then having to vote on what is a close call. And Libya is, indeed, at least for me, a close call. 

But our efforts to bring democracy to Libya should not involve 

shredding the U.S. Constitution or the War Powers Resolution or 

War Powers Act, which is the law of the land. 

Hostilities began on March 19th. Within 48 hours, the President 

filed a report. That means he has until May 21st to have a resolution of approval from Congress or, assuming our laws mean anything, he is supposed to begin a prompt withdrawal to take less 

than 30 days. 

So far, the President has not asked for authorization, nor has 

any Member of Congress submitted a resolution of disapproval. We 

ought to be exercising our responsibilities, even if it is difficult to 

do so. 

I, for one, am worried about two things. First, as Mr. Rohrabacher points out, who are we helping? For example, why is Mr. 

al-Hasidi one of the rebel commanders when he boasts of taking actions that no doubt killed Americans in both Iraq and Afghanistan? 

The second issue is, why are we being told that this involvement 

costs less than $1 billion, which is clearly false? And why are we 

not using some of the seized Qadhafi assets to pay our costs? 

I am sure other members have other questions. But the big question is, do any of our questions matter at all? If the War Powers 

Act can be ignored, if the Congress is not necessary to conduct military actions for longer than 60 days, what role do we play? 

A number of us, but all too few of us, signed a letter to congressional bipartisan leadership, urging that the continuing resolution 

contain a provision stating that no funds provided could be spent 

for operations in violation of the war powers—what I call the War 

Powers Act, what is officially called the War Powers Resolution. It 

is a public law of this country. Unfortunately, that provision wasn’t 

included. 

And so, in all likelihood, as we are back in our districts talking 

to schoolchildren about the majesty of our democracy, the President 

will carry on military operations in violation of the War Powers Act 

and no one in Congress will be doing anything to say that the law 

should be complied with. 

9

So this resolution before us today is the tiniest of steps that we 

could take to indicate that maybe Congress should be involved, at 

least in being able to look at some of the documents. 

But our real role under the law and the Constitution is to stand 

up and vote one way or the other. Should military operations continue for more than 60 days, or should the President be required 

to withdraw? And I can’t say I would relish such a vote, because 

it would be a difficult vote for me. But that is the role we ought 

to be playing. 

I yield back. 

Chairman ROS-LEHTINEN. Mr. Poe is recognized for 5 minutes. 

Mr. POE. Thank you, Madam Speaker. 

No question about it, Muammar Qadhafi is a bad guy. But it concerns me whether the Constitution has been followed in this operation in Libya. It seems now the United States engages in war in 

the name of humanity, which makes us the ones who decide what 

countries we will drop bombs on and what countries we decide to 

give a pass, like Syria. 

I am, too, concerned about the War Powers Act and whether it 

has been followed or not. And this proceeding we are having today, 

I think, is very important so we get some answers. 

Once again, it is imperative that Muammar Qadhafi be dealt 

with, but I am not so sure the Constitution gives the United States 

any precedent, even through the War Powers Act, when the United 

States’ national security is not at risk, to suddenly pick a side in 

a country and help call an overthrow of a bad government. 

So I look forward to more dialogue on this issue. Congress needs 

some answers. Congress should be consulted. That is our responsibility, to make those decisions. And unilateral operation by any administration in sending U.S. military forces throughout the world, 

not complying with the War Powers Act, is something that is important to me and something we should be concerned about. 

So, with that, I will yield back the remainder of my time. 

Chairman ROS-LEHTINEN. Thank you, Judge Poe. 

And seeing no further baseball signals, requests for time—oh, 

Mr. Payne is recognized for up to 5 minutes. 

Mr. PAYNE. Just a continuing discussion, I guess it was back in 

the Gulf of Tonkin in 1965, the whole question of the War Powers 

Act. It is very interesting that the War Powers Act gets into discussion whenever somebody is on the other side of whatever our President has done. 

We haven’t declared war since, I guess, Pearl Harbor in the 

1940s, actual declaration of war, declaring war, I guess, on December the 7th against Japan and December the 8th on Germany. So, 

you know, this discussion of really—and I think that it is argued 

on all sides what constitutes a war, what constitutes an action, 

what—you know, it is a lot of semantics. We prosecute wars now. 

You know, it is a debate, I think, that we certainly need to keep 

before us. I do think certainly Congress has a very responsible position. I am not so sure that I would consider our intervention with 

NATO in Libya as declaring war and, therefore, we need to have 

a vote in Congress on the war against Libya. 

So I think that I have the confidence in the Commander-in-Chief 

and feel that the judgment of the Secretary of Defense and the SecVerDate 0ct 09 2002 14:12 Jul 21, 2011 Jkt 000000 PO 00000 Frm 00013 Fmt 6633 Sfmt 6633 F:\WORK\FULL\051111M\66293 HFA PsN: SHIRL
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retary of State and Vice President and people with a lot of information and a lot of knowledge. I, certainly in this instance, I think, 

like I said, once and for all, we ought to get the War Powers Act 

straight. But I have heard it argued from so many different points 

of view during my time in Congress. 

But I think that the President waited for others to act. We were 

not the ones moving out there ahead of the action. And so I, therefore, certainly would oppose this resolution. 

Chairman ROS-LEHTINEN. Mr. Manzullo is recognized. 

Mr. MANZULLO. My question goes to the extent to which these 

documents will bring forth information. What we have is a situation where Congress has been ignored and deference has been paid 

to the African Union, the Arab League, and the United Nations. 

This body has not had the opportunity to vote on the intervention 

in Libya. Then, about 3 weeks ago, there was an announcement that $20 

million in non-lethal aid was being given to the Libyans under the 

guise of humanitarian aid, but, the very next day, the drones were 

sent into Libya. Now, this past week, we have a high-ranking official from Libya saying that they are going to sell the $20 million 

in non-lethal aid that was given and use that to buy weapons for 

Qadhafi and the government troops. 

This is a circle that doesn’t end. The longer we stay out of exercising our constitutional powers to either declare war on Libya or 

get the heck out, the worse it is going to get. My question is whether or not this issue of the sale of the non-lethal aid by the Egyptian 

Government, will that be uncovered in some of these documents? 

How far does the request for these documents go? 

Chairman ROS-LEHTINEN. Mr. Manzullo, would you yield? 

Mr. MANZULLO. Of course. 

Chairman ROS-LEHTINEN. We do have a classified briefing that 

is going to be on Pakistan on Thursday, but I think that the folks 

who will be there, may be able to answer your question related to 

Libya, as well——

Mr. MANZULLO. Okay. 

Chairman ROS-LEHTINEN [continuing]. If you would grace us 

with your presence. 

Mr. MANZULLO. Well, usually, if it is classified, they don’t say 

anything that you don’t see the morning before in both newspapers. 

But if you could ask those people to give us some fresh information——

Chairman ROS-LEHTINEN. We sure will. If the gentleman would 

yield——

Mr. MANZULLO. This question needs to be asked. What has happened to $20 million in taxpayers’ money that was supposed to be 

non-lethal aid? Now Libya says they are going to sell it and use 

it to buy bullets with the help of Qadhafi’s regime. 

Maybe I am missing something, but I think the rest of the members of our committee share the same angst. My question is, when 

the request for documents are presented, are there inquiries saying, ‘‘Do you have any documents related to’’—and then we ask the 

question in there? Is that how that works on the official inquiry? 

Chairman ROS-LEHTINEN. If the gentleman would yield? 

Mr. MANZULLO. Of course. 

11

Chairman ROS-LEHTINEN. We can provide you the information 

that we have on the expenditure of the funds up to date. We will 

be glad to give you that information, the information that we 

have——

Mr. MANZULLO. Okay, but——

Chairman ROS-LEHTINEN [continuing]. And we will see if that 

satisfies you. 

Mr. MANZULLO. But I am sure you will be asking for further documents——

Chairman ROS-LEHTINEN. Absolutely, we will. 

Mr. MANZULLO. Also, as to whether or not it has been re-gifted. 

Chairman ROS-LEHTINEN. If the gentleman will yield, we will 

continue to ask——

Mr. MANZULLO. Thank you. 

Chairman ROS-LEHTINEN [continuing]. And ask and ask. 

Mr. MANZULLO. Thank you. 

Mr. BERMAN. Not that there is anything wrong with that. 

Mr. MANZULLO. I yield back. 

Chairman ROS-LEHTINEN. Thank you. 

Seeing no further requests for time on this measure and no further amendments, and seeing that a reporting quorum is present, 

I move that the measure be reported favorably to the House, as 

amended. 

All those in favor, say, ‘‘Aye.’’

All opposed, ‘‘No.’’

The ayes have it, and the motion to report favorably is agreed 

to. 

Without objection, the bill, as amended, will be reported as a single amendment in the nature of a substitute, and the staff is directed to make technical and conforming changes. 

This concludes our business for today. And I would like to thank 

all of the members and their staff for their effort and cooperation 

to make this prompt action possible. 

And a reminder that we will set up the war-powers briefing 

when we come back. 

And, with that, the committee is adjourned. 

[Whereupon, at 5:05 p.m., the committee was adjourned.] 

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