[House Report 108-289]
[From the U.S. Government Publishing Office]



108th Congress                                            Rept. 108-289
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 2
_______________________________________________________________________

                                     

 
 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

                               __________

                             ADVERSE REPORT

                                 OF THE

                      COMMITTEE ON ARMED SERVICES

                        HOUSE OF REPRESENTATIVES

                                   ON

                              H. RES. 364

                             together with

                    ADDITIONAL AND DISSENTING VIEWS

                                     


                                     

  October 2, 2003.--Referred to the House Calendar and ordered to be 
                                printed.


                   HOUSE COMMITTEE ON ARMED SERVICES
                      One Hundred Eighth Congress

                  DUNCAN HUNTER, California, Chairman
CURT WELDON, Pennsylvania            IKE SKELTON, Missouri
JOEL HEFLEY, Colorado                JOHN SPRATT, South Carolina
JIM SAXTON, New Jersey               SOLOMON P. ORTIZ, Texas
JOHN M. McHUGH, New York             LANE EVANS, Illinois
TERRY EVERETT, Alabama               GENE TAYLOR, Mississippi
ROSCOE G. BARTLETT, Maryland         NEIL ABERCROMBIE, Hawaii
HOWARD P. ``BUCK'' McKEON,           MARTY MEEHAN, Massachusetts
    California                       SILVESTRE REYES, Texas
MAC THORNBERRY, Texas                VIC SNYDER, Arkansas
JOHN N. HOSTETTLER, Indiana          JIM TURNER, Texas
WALTER B. JONES, North Carolina      ADAM SMITH, Washington
JIM RYUN, Kansas                     LORETTA SANCHEZ, California
JIM GIBBONS, Nevada                  MIKE McINTYRE, North Carolina
ROBIN HAYES, North Carolina          CIRO D. RODRIGUEZ, Texas
HEATHER WILSON, New Mexico           ELLEN O. TAUSCHER, California
KEN CALVERT, California              ROBERT A. BRADY, Pennsylvania
ROB SIMMONS, Connecticut             BARON P. HILL, Indiana
JO ANN DAVIS, Virginia               JOHN B. LARSON, Connecticut
ED SCHROCK, Virginia                 SUSAN A. DAVIS, California
W. TODD AKIN, Missouri               JAMES R. LANGEVIN, Rhode Island
J. RANDY FORBES, Virginia            STEVE ISRAEL, New York
JEFF MILLER, Florida                 RICK LARSEN, Washington
JOE WILSON, South Carolina           JIM COOPER, Tennessee
FRANK A. LoBIONDO, New Jersey        JIM MARSHALL, Georgia
TOM COLE, Oklahoma                   KENDRICK B. MEEK, Florida
JEB BRADLEY, New Hampshire           MADELEINE Z. BORDALLO, Guam
ROB BISHOP, Utah                     RODNEY ALEXANDER, Louisiana
MICHAEL TURNER, Ohio                 TIM RYAN, Ohio
JOHN KLINE, Minnesota
CANDICE S. MILLER, Michigan
PHIL GINGREY, Georgia
MIKE ROGERS, Alabama
TRENT FRANKS, Arizona

                    Robert S. Rangel, Staff Director


                            C O N T E N T S

                              ----------                              
                                                                   Page

Purpose and Background...........................................     1
Executive Communication..........................................     2
Legislative History..............................................     3
Committee Position...............................................     3
Committee Cost Estimate..........................................     3
Oversight Findings...............................................     3
Constitutional Authority Statement...............................     3
Statement of Federal Mandates....................................     3
Record Votes.....................................................     4
Additional and Dissenting Views:
  Dissenting views of Marty Meehan...............................     6
  Additional views of Madeleine Z. Bordallo......................     8

108th Congress                                            Rept. 108-289
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 2

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


 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 2, 2003.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Hunter, from the Committee on Armed Services, submitted the 
                               following

                             ADVERSE REPORT

                             together with

                    ADDITIONAL AND DISSENTING VIEWS

                       [To accompany H. Res. 364]

    The Committee on Armed Services, to whom was referred the 
resolution (H. Res. 364) of inquiry 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, report adversely thereon without 
amendment and recommend that the resolution not be agreed to.

                         PURPOSE AND BACKGROUND

    House Resolution 364 requests 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.
    H. Res. 364 is a resolution of inquiry, which pursuant to 
clause 7 of rule XIII 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 Committees on Armed Services and International 
Relations on September 9, 2003. The resolution was ordered 
reported adversely by the Committee on International Relations 
on September 25, 2003, and the Committee on Armed Services on 
September 30, 2003.
    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 President of the United States or the head 
of one of the executive departments. It 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 factual information in the possession of the 
executive branch. It is not used to request opinions or to 
require an investigation on a subject.
    On September 9, 2003, Representative Wexler of Florida 
introduced H. Res. 364, a resolution of inquiry requesting the 
President to transmit to the House of Representatives the 
report and other documents relating to the reconstruction and 
security of post-war Iraq.
    The Joint Staff has informed the committee that the 
``report'' in question is actually a briefing that is 
incomplete and still in draft form. According to the Joint 
Staff, the findings in this presentation will form the basis of 
a more complete written report that will be issued at a later 
date. Chairman of the Joint Chiefs of Staff General Richard 
Myers provided a letter to the committee stating that once it 
is complete, the report will be provided to the committee.
    Because the document in question is incomplete and has not 
been reviewed, and General Myers committed to providing a 
report once it is complete, the committee ordered the 
resolution to be reported adversely.

                        EXECUTIVE COMMUNICATION

                             Department of Defense,
                                     Joint Chiefs of Staff,
                                Washington, DC, September 25, 2003.
Hon. Duncan L. Hunter,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: I am writing to you concerning H. Res. 
364, which I understand is a resolution of inquiry requesting 
certain documents from the President. The resolution by its 
text requests the President to forward to the House a report 
prepared for the Joint Staff entitled ``Operation Iraqi Freedom 
Strategic Lesson Learned.''
    The specific document requested is still in draft form. It 
is being prepared as a briefing to be followed up by a complete 
written report at a later date. My intention is to ensure this 
report is as complete and comprehensive as possible. Copies 
will be provided to your committee as soon as each is 
completed.
    I will continue to work with your committee to ensure that 
Congress is completely informed on this and other important 
issues.
            Sincerely,
                                          Richard B. Myers,
                             Chairman of the Joint Chiefs of Staff.

                          LEGISLATIVE HISTORY

    H. Res. 364 was introduced on September 9, 2003, and 
referred to the Committees on Armed Services and International 
Relations. The resolution was reported adversely by the 
Committee on International Relations on September 25, 2003 by a 
record vote of 24 ayes to 20 noes.
    On September 30, 2003, the Committee on Armed Services held 
a mark-up session to consider H. Res. 364. The committee 
reported adversely the resolution by a record vote of 29 ayes 
to 22 noes.

                           COMMITTEE POSITION

    On September 30, 2003, the Committee on Armed Services met 
in open session and reported adversely the resolution H. Res. 
364 to the House by a record vote of 29 ayes to 22 noes, a 
quorum being present.

                        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 minimal. The Congressional 
Budget Office did not provide a cost estimate for the 
resolution.

                           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, based on 
oversight activities pursuant to clause 2(b)(1) of rule X, are 
incorporated in the descriptive portions of this report.
    With respect to clause 3(c)(2) of rule XIII of the Rules of 
the House of Representatives and section 308(a)(1) of the 
Congressional Budget Act of 1974, this legislation does not 
include any new spending or credit authority, nor does it 
provide for any increase or decrease in tax revenues or 
expenditures.
    With respect to clause 3(c)(4) of rule XIII of the Rules of 
the House of Representatives, performance goals and objectives 
cannot be explained, because the resolution does not require 
any new funding.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the committee finds that the rule 
does not apply because H. Res. 364 is not a bill or joint 
resolution that may be enacted into law.

                     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 resolution provides no unfunded federal 
intergovernmental mandates.

                              RECORD VOTES

    In accordance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the committee sets forth the 
following record vote that occurred during the committee's 
consideration of H. Res. 364.



             DISSENTING VIEW OF REPRESENTATIVE MARTY MEEHAN

    I disagree with the decision to report House Resolution 364 
adversely. This resolution would ask the President to send to 
the House of Representatives a report prepared by the Joint 
Chiefs of Staff that has been widely reported in the press 
entitled Operation Iraqi Freedom, Strategic Lessons Learned. 
These are documents about the reconstruction and security of 
postwar Iraq, and it hardly seems unreasonable to ask the Bush 
administration to share them with Congress as we consider 
whether to approve an additional $87 billion for this effort 
and what, if any, legislative modifications should be made to 
the postwar plan.
    This report was compiled by the Chairman of the Joint 
Chiefs of Staff with interviews from senior U.S. military 
officials, including Army General Tommy Franks, people who are 
uniquely qualified to provide insights into the problems that 
have beset the administration's postwar planning for Iraq.
    Congress has a right and responsibility to be informed as 
to exactly what planning was done--or not done--for postwar 
Iraq. I voted for the resolution authorizing the use of force 
in Iraq a year ago. At the time, I maintained that the 
challenge was not so much in the military mission in Iraq, but 
rather how to deal with the aftermath of the war.
    Nobody can seriously doubt that the world is a better place 
without Saddam Hussein in power. But the evidence is clear that 
if we are not careful, and if we do not ask questions, if we do 
not have inquiries, we risk turning Iraq into a breeding ground 
for terrorism.
    The question we face now is, how can we fix the problems 
with the stabilization and reconstruction campaign before more 
damage is done? There is good reason to think that this report, 
if made public, would help us to answer that question, because 
it looks at the planning for the war and its aftermath through 
interviews with senior military officials.
    I cannot understand why the Committee on Armed Services 
would not get a copy before we decide how to handle the 
administration's request for yet another $87 billion to secure 
and rebuild Iraq.
    With everything we know now about the absence of 
intelligence on weapons of mass destruction and the failure to 
plan for a significant resistance, I do not think the 
administration is in any position now to ask us to trust them 
to give us the information that we need. All of us on the 
Committee on Armed Services have a responsibility to the 
Republic, to the Constitution, to get to the bottom of the 
Administration's planning on Iraq and what went wrong.
    The committee needs the report now, before we make any 
decisions about another $87 billion as we are cutting back, 
this administration, cutting back on health care for Americans, 
cutting back on veterans' services, $1.8 billion to make sure 
that we meet our commitment to veterans across this country, 
cutting back on Head Start and other programs. We ought to know 
what this report says before we move further.
    I am disappointed that the Committee on Armed Services did 
not report this resolution out favorably. I do not know why the 
information in this report should be withheld from Congress and 
from the public. The Bush administration does not seem to be 
interested in getting to the bottom of the problems in Iraq if 
they think it would not reflect favorably on the planning they 
did before the war. This is understandable, but Members of 
Congress have a responsibility to make sure that the Bush 
administration is not allowed to hide the truth at the expense 
of better decisions, including the decision before us on the 
Iraq supplemental.
                                                      Marty Meehan.

        ADDITIONAL VIEWS OF REPRESENTATIVE MADELEINE Z. BORDALLO

    The responsibility of the House Armed Services Committee to 
ensure civilian oversight of the military does not end when war 
begins. The United States wins wars not only because of the 
professionalism of our fighting force, but also because of the 
objective control we place upon the military.
    Given this responsibility, I support the repeated requests 
made by the Ranking Member, Congressman Ike Skelton to obtain a 
copy of the final draft report prepared for the Joint Chiefs of 
Staff titled ``Operation Iraqi Freedom Strategic Lessons 
Learned,'' and the overt measure to achieve this offered by 
Congressman Robert Wexler.
    This request must not prejudice the willingness of the 
Pentagon to put down on paper frank assessments on their 
successes and failures in the conduct of war. The ``lesson 
learned'' from Vietnam is that the Department of Defense must 
be open with the American people on its assessments of the war 
from its onset. Being upfront regarding the difficulty of war 
removes false expectation about its duration and outcome.
    Our committee is uniquely capable of taking the lessons 
learned from Iraq and by authorizing legislation, ensuring the 
implementation of those lessons for the future. I believe one 
such lesson may be that the political anathema associated with 
the responsibility of ``nation building'' may have caught the 
Department of Defense off guard when they were then assigned 
that task. Another lesson may be that the responsibility for 
post war planning should be shared at the earliest of stages 
with other government agencies such as the Department of State, 
to ensure that we are ready for the challenge.
    Concealing failure lessens our appreciation of our success. 
Operation Iraqi Freedom had many successes. It demonstrated the 
resolve of our nation to remove a tyrant who posed a threat 
security in the Middle East and the continued welfare of the 
Iraqi people. It demonstrated the best in our service men and 
women and now we must do our best in supporting them.
    Our review of this document will not lessen our support for 
the task of rebuilding Iraq, to which we have committed 
ourselves. Rather, it will deepen our appreciation of the 
difficulties presented by the task at hand. I therefore support 
the favorable reporting of the resolution and regret that we 
will not be able to have a broader discussion of its merits 
afforded to us by considering the resolution on the House 
floor.
                                             Madeleine Z. Bordallo.

                                
