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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 

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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:]

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hres364.eps
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hres364a.eps
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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, 

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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.

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