[House Report 108-38]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     108-38

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 REQUESTING THE PRESIDENT TO TRANSMIT TO THE HOUSE OF REPRESENTATIVES 
    DOCUMENTS RELATING TO IRAQ'S DECLARATION ON ITS WEAPONS OF MASS 
                              DESTRUCTION

                                _______
                                

   March 18, 2003.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

Mr. Hyde, from the Committee on International Relations, submitted the 
                               following

                             ADVERSE REPORT

                       [To accompany H. Res. 68]

    The Committee on International Relations, to whom was 
referred the resolution (H. Res. 68) requesting the President 
to transmit to the House of Representatives not later than 14 
days after the date of the adoption of this resolution 
documents in the President's possession relating to Iraq's 
declaration on its weapons of mass destruction that was 
provided to the United Nations on December 7, 2002, having 
considered the same, reports unfavorably 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.........................................................     2
Committee Consideration..........................................     3
Votes of the Committee...........................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Committee Cost Estimate..........................................     3
Performance Goals and Objectives.................................     3
New Advisory Committees..........................................     3
Congressional Accountability Act.................................     3
Federal Mandates.................................................     3

                          Purpose and Summary

    House Resolution 68 requests the President to transmit to 
the House of Representatives not later than 14 days after the 
date of its adoption documents in the President's possession 
relating to Iraq's declaration on its weapons of mass 
destruction that was provided to the United Nations on December 
7, 2002.

                Background and Need for the Legislation

    House Resolution 68 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 priviliged motion to discharge 
the Committee is in order. H. Res. 68 was introduced and 
referred to the Committee on International Relations on 
February 12, 2003, and was ordered reported adversely by the 
Committee on March 12, 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 of 
the executive departments. According to Deschler's Procedure 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.''
    The United Nations Security Council adopted Resolution 
1441, which directed the Government of Iraq to provide United 
Nations weapons inspectors with a complete and accurate 
declaration of all aspects of its chemical, biological and 
nuclear weapons programs, and ballistic missile systems, as 
well as information on other chemical, biological, and nuclear 
programs that were supposed to be for civilian purposes. Iraq 
submitted a Declaration to the Security Council on December 7, 
2002. The complete text of that declaration was made available 
to each permanent member of the Security Council, including the 
United States.
    In his remarks addressed to the House of Representatives 
when introducing the resolution of inquiry, the sponsor of 
House Resolution 68 requested that the ``primary documents be 
transmitted in their complete and unedited form'' to Congress. 
Subsequently, the Department of State transmitted a full and 
unedited copy of the declaration to the House. The Speaker 
directed the Permanent Select Committee on Intelligence to 
retain custody of the documents because it has the facilities 
to handle classified documents. The declaration, consisting of 
approximately 12,000 pages of documents, is classified SECRET 
and contains information relating to weapons design and weapons 
of mass destruction.
    The declaration is available for review by Members, 
consistent with House Rule XXIII, the Code of Official Conduct, 
which governs access by Members to classified information. The 
declaration is also available for review by staff with 
appropriate security clearances who have executed a 
nondisclosure oath or affirmation.
    Because the House had possession of the declaration, which 
the sponsor indicated he wanted transmitted to the House, prior 
to the Committee's markup, the Committee deemed the resolution 
to be moot and, accordingly, ordered it reported adversely by 
voice vote.

                                Hearings

    The Committee did not hold hearings on H. Res. 68.

                        Committee Consideration

    On March 12, 2003, the Committee met in open session and 
ordered unfavorably reported the resolution of inquiry H. Res. 
68 without amendment by voice vote, a quorum being present.

                         Vote of the Committee

    The Committee held no recorded votes.

                      Committee Oversight Findings

    The Committee has no oversight findings or recommendations 
pursuant to clause 2(b)(1) of rule X of the Rules of the House 
of Representatives.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
H. Res. 68 does not provide new budgetary authority or 
increased tax expenditures.

                        Committee Cost Estimate

    The Committee estimates costs will be minimal.

                    Performance Goals and Objectives

    The rule requiring a statement of performance goals and 
objectives is inapplicable because the resolution does not 
provide any funding.

                        New Advisory Committees

    H. Res. 68 does not establish or authorize any new advisory 
committees.

                    Congressional Accountability Act

    H. Res. 68 does not apply to the legislative branch.

                            Federal Mandates

    H. Res. 68 provides no Federal mandates.

                                
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