U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

99–008 

" ! HOUSE OF REPRESENTATIVES 

112TH CONGRESS

1st Session 

REPORT

2011

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 


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(II) 

HOUSE COMMITTEE ON ARMED SERVICES 

ONE HUNDRED TWELFTH CONGRESS

HOWARD P. ‘‘BUCK’’ MCKEON, California, Chairman 

ROSCOE G. BARTLETT, Maryland 

MAC THORNBERRY, Texas 

WALTER B. JONES, North Carolina 

W. TODD AKIN, Missouri 

J. RANDY FORBES, Virginia 

JEFF MILLER, Florida 

JOE WILSON, South Carolina 

FRANK A. LOBIONDO, New Jersey 

MICHAEL TURNER, Ohio 

JOHN KLINE, Minnesota 

MIKE ROGERS, Alabama 

TRENT FRANKS, Arizona 

BILL SHUSTER, Pennsylvania 

K. MICHAEL CONAWAY, Texas 

DOUG LAMBORN, Colorado 

ROB WITTMAN, Virginia 

DUNCAN HUNTER, California 

JOHN C. FLEMING, M.D., Louisiana 

MIKE COFFMAN, Colorado 

TOM ROONEY, Florida 

TODD RUSSELL PLATTS, Pennsylvania 

SCOTT RIGELL, Virginia 

CHRIS GIBSON, New York 

VICKY HARTZLER, Missouri 

JOE HECK, Nevada 

BOBBY SCHILLING, Illinois 

JON RUNYAN, New Jersey 

AUSTIN SCOTT, Georgia 

TIM GRIFFIN, Arkansas 

STEVEN PALAZZO, Mississippi 

ALLEN B. WEST, Florida 

MARTHA ROBY, Alabama 

MO BROOKS, Alabama 

TODD YOUNG, Indiana 

ADAM SMITH, Washington 

SILVESTRE REYES, Texas 

LORETTA SANCHEZ, California 

MIKE MCINTYRE, North Carolina 

ROBERT A. BRADY, Pennsylvania 

ROBERT ANDREWS, New Jersey 

SUSAN A. DAVIS, California 

JAMES R. LANGEVIN, Rhode Island 

RICK LARSEN, Washington 

JIM COOPER, Tennessee 

MADELEINE Z. BORDALLO, Guam 

JOE COURTNEY, Connecticut 

DAVE LOEBSACK, Iowa 

GABRIELLE GIFFORDS, Arizona 

NIKI TSONGAS, Massachusetts 

CHELLIE PINGREE, Maine 

LARRY KISSELL, North Carolina 

MARTIN HEINRICH, New Mexico 

BILL OWENS, New York 

JOHN R. GARAMENDI, California 

MARK S. CRITZ, Pennsylvania 

TIM RYAN, Ohio 

C.A. DUTCH RUPPERSBERGER, Maryland 

HANK JOHNSON, Georgia 

KATHY CASTOR, Florida 

BETTY SUTTON, Ohio 

COLLEEN HANABUSA, Hawaii 

ROBERT L. SIMMONS II, Staff Director 


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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 


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jbell on DSKDVH8Z91PROD with REPORTS
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. 


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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. 


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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. 


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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. 

Æ 


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