[House Report 111-168]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES                 
 1st Session                                                    111-168
_______________________________________________________________________



 
    DIRECTING THE SECRETARY OF DEFENSE TO TRANSMIT TO THE HOUSE OF 
REPRESENTATIVES THE FISCAL YEAR 2010 30-YEAR AVIATION PLAN RELATING TO 
THE LONG-TERM AVIATION PLANS OF THE DEPARTMENT OF DEFENSE, AS REQUIRED 
            BY SECTION 231a OF TITLE 10, UNITED STATES CODE

                               __________

                                 REPORT

                                 of the

                      COMMITTEE ON ARMED SERVICES

                        HOUSE OF REPRESENTATIVES

                                   on

                              H. RES. 478

                                     



                                     

   June 19, 2009.--Referred to the House Calendar and ordered to be 
                                printed




                   HOUSE COMMITTEE ON ARMED SERVICES

                     One Hundred Eleventh Congress

                    IKE SKELTON, Missouri, Chairman

JOHN SPRATT, South Carolina          HOWARD P. ``BUCK'' McKEON, 
SOLOMON P. ORTIZ, Texas                  California
GENE TAYLOR, Mississippi             ROSCOE G. BARTLETT, Maryland
NEIL ABERCROMBIE, Hawaii             MAC THORNBERRY, Texas
SILVESTRE REYES, Texas               WALTER B. JONES, North Carolina
VIC SNYDER, Arkansas                 W. TODD AKIN, Missouri
ADAM SMITH, Washington               J. RANDY FORBES, Virginia
LORETTA SANCHEZ, California          JEFF MILLER, Florida
MIKE McINTYRE, North Carolina        JOE WILSON, South Carolina
ELLEN O. TAUSCHER, California        FRANK A. LoBIONDO, New Jersey
ROBERT A. BRADY, Pennsylvania        ROB BISHOP, Utah
ROBERT ANDREWS, New Jersey           MICHAEL TURNER, Ohio
SUSAN A. DAVIS, California           JOHN KLINE, Minnesota
JAMES R. LANGEVIN, Rhode Island      MIKE ROGERS, Alabama
RICK LARSEN, Washington              TRENT FRANKS, Arizona
JIM COOPER, Tennessee                BILL SHUSTER, Pennsylvania
JIM MARSHALL, Georgia                CATHY McMORRIS RODGERS, Washington
MADELEINE Z. BORDALLO, Guam          K. MICHAEL CONAWAY, Texas
BRAD ELLSWORTH, Indiana              DOUG LAMBORN, Colorado
PATRICK J. MURPHY, Pennsylvania      ROB WITTMAN, Virginia
HANK JOHNSON, Georgia                MARY FALLIN, Oklahoma
CAROL SHEA-PORTER, New Hampshire     DUNCAN HUNTER, California
JOE COURTNEY, Connecticut            JOHN C. FLEMING, Louisiana
DAVID LOEBSACK, Iowa                 MIKE COFFMAN, Colorado
JOE SESTAK, Pennsylvania             THOMAS J. ROONEY, Florida
GABRIELLE GIFFORDS, Arizona          TODD RUSSELL PLATTS, Pennsylvania
NIKI TSONGAS, Massachusetts
GLENN NYE, Virginia
CHELLIE PINGREE, Maine
LARRY KISSELL, North Carolina
MARTIN HEINRICH, New Mexico
FRANK M. KRATOVIL, Jr., Maryland
ERIC J.J. MASSA, New York
BOBBY BRIGHT, Alabama
SCOTT MURPHY, New York
DAN BOREN, Oklahoma

                    Erin C. Conaton, Staff Director



                            C O N T E N T S

                              ----------                              
                                                                   Page

Purpose and Background...........................................     1
Legislative History..............................................     2
Committee Position...............................................     2
Committee Cost Estimate..........................................     3
Compliance with House Rule XXI...................................     3
Oversight Findings...............................................     3
Constitutional Authority Statement...............................     3
Statement of Federal Mandates....................................     3
Record Vote......................................................     3
Changes in Existing Law Made by the Bill, as Reported............     3





111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-168

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


RESOLUTION OF INQUIRY DIRECTING THE SECRETARY OF DEFENSE TO TRANSMIT TO 
THE HOUSE OF REPRESENTATIVES THE FISCAL YEAR 2010 30-YEAR AVIATION PLAN 
RELATING TO THE LONG-TERM AVIATION PLANS OF THE DEPARTMENT OF DEFENSE, 
      AS REQUIRED BY SECTION 231a OF TITLE 10, UNITED STATES CODE

                                _______
                                

   June 19, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 478]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Armed Services, to whom was referred the 
resolution (H. Res. 478) directing the Secretary of Defense to 
transmit to the House of Representatives the fiscal year 2010 
30-year aviation plan relating to the long-term aviation plans 
of the Department of Defense, as required by section 231a of 
title 10, United States Code, having considered the same, 
report favorably thereon with an amendment and recommend that 
the resolution as amended be agreed to.
  The amendment is as follows:
  Strike all after the resolving clause and insert the 
following:

That the Secretary of Defense is directed to transmit to the House of 
Representatives, not later than September 15, 2009--
          (1) the fiscal year 2010 30-year aviation plan relating to 
        the long-term aviation plans of the Department of Defense, as 
        required by section 231a of title 10, United States Code; and
          (2) the required assessment by the Secretary regarding the 
        extent to which the combined aircraft forces of the Department 
        of the Navy and the Department of the Air Force, as outlined in 
        the aviation plan, meet the national security requirements of 
        the United States; and
          (3) if the aircraft procurement budget is insufficient to 
        meet applicable requirements of the plan, the required 
        assessment that describes and discusses the risks associated 
        with the reduced force structure of aircraft.

                         PURPOSE AND BACKGROUND

    Section 231(a) of title 10, United States Code, requires 
that the Secretary of Defense submit with the budget request 
required by section 1105(a) of title 31, United States Code, 
for each fiscal year, a long-range term aviation plan. The 
long-range plan must describe the aircraft force structure 
required to meet the current national security strategy or the 
current quadrennial defense review and must certify that the 
procurement plan and that the budget request for the current 
year and programmed for future years are sufficient to maintain 
such a naval force.
    The budget request submitted pursuant to section 1105(a) of 
title 10, United States Code, for fiscal year 2010 did not 
contain the long-range aviation plan. On May 21, 2009, the 
Honorable Randy Forbes of Virginia submitted House Resolution 
478, a resolution of inquiry, which would direct the Secretary 
of Defense to transmit, within 14 days of the adoption of the 
resolution, to the House of Representatives, the long-range 
aviation plan for aircraft along with all documents, including 
telephone and electronic mail records, logs and calendars, and 
records of internal discussions in the possession of the 
Secretary of Defense, the Secretary of the Navy, and the 
Director of the Office of Management and Budget relating to the 
long-range procurement plan for aircraft. The resolution was 
referred to the Committee on Armed Services.
    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 478, 
within 14 legislative days or a privileged motion to discharge 
the committee is in order. House Resolution 478 was referred to 
the Committee on Armed Services on May 21, 2009.
    On June 16, 2009, the Committee on Armed Services took up 
House Resolution 478 for the purpose of reporting a 
recommendation to the House. House Resolution 478 was amended 
to require the Secretary of Defense submit only the long-term 
aviation plan and assessments required by section 231(a) of 
title 10, United States Code, by September 15, 2009.
    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.

                          LEGISLATIVE HISTORY

    House Resolution 478 was introduced on May 21, 2009, and 
referred to the Committee on Armed Services.
    On June 16, 2009, the Committee on Armed Services held a 
mark-up session to consider House Resolution 478, as 
introduced. The committee, a quorum being present, ordered to 
be reported House Resolution 478, as amended, to the House with 
a favorable recommendation by a voice vote.

                           COMMITTEE POSITION

    On June 16, 2009, the Committee on Armed Services, a quorum 
being present, ordered to be reported House Resolution 478, as 
amended, to the House with a favorable recommendation by a 
voice vote.

                        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.

                     COMPLIANCE WITH HOUSE RULE XXI

    Pursuant to clause 9 of rule XXI, House Resolution 478 
contains no congressional earmarks, limited tax benefits, or 
limited tariff benefits as defined in clause 9(d), 9(e), or 
9(f) of rule XXI.

                           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, 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, the bill does not authorize 
specific program 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.

                     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.

                              RECORD VOTE

    In accordance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, there were no record votes taken 
with respect to the committee's consideration of House 
Resolution 478.

         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 statute or part 
thereof. There were no changes in existing law made by House 
Resolution 478, as reported.

                    ADDITIONAL AND DISSENTING VIEWS

    Clause 3(a) of rule XIII requires that the report include 
all supplemental, minority, or additional views that have been 
submitted. None have been submitted by the time of the filing 
of the report.

                                  
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