111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-134
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RESOLUTION OF INQUIRY REGARDING DEPARTMENT OF HOMELAND SECURITY OFFICE
OF INTELLIGENCE AND ANALYSIS INTELLIGENCE ASSESSMENT TITLED,
``RIGHTWING EXTREMISM: CURRENT ECONOMIC AND POLITICAL CLIMATE FUELING
RESURGENCE IN RADICALIZATION AND RECRUITMENT''
_______
June 4, 2009.--Referred to the House Calendar and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H. Res. 404]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the resolution (H. Res. 404) directing the Secretary of
Homeland Security to transmit to the House of Representatives,
not later than 14 days after the date of the adoption of this
resolution, copies of documents relating to the Department of
Homeland Security Intelligence Assessment titled, ``Rightwing
Extremism: Current Economic and Political Climate Fueling
Resurgence in Radicalization and Recruitment'', having
considered the same, report favorably thereon with an amendment
and recommend that the resolution as amended be agreed to.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Statement of General Performance Goals and Objectives............ 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 4
Advisory Committee Statement..................................... 4
Constitutional Authority Statement............................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
Executive Branch Correspondence.................................. 6
Additional, Minority, and Dissenting Views....................... 15
AMENDMENT
The amendment is as follows:
Strike all after the resolving clause and insert the
following:
That the Secretary of Homeland Security is directed to transmit to
the House of Representatives, not later than 14 days after the date of
the adoption of this resolution, copies of all documents relating to
the Department of Homeland Security Office of Intelligence and Analysis
Intelligence Assessment titled, ``Rightwing Extremism: Current Economic
and Political Climate Fueling Resurgence in Radicalization and
Recruitment'', including--
(1) all source materials used in the drafting of that Intelligence
Assessment;
(2) written material reflecting when the research and writing of
that Intelligence Assessment began;
(3) a written description of the clearance process for that
Intelligence Assessment and all other Office of Intelligence and
Analysis-generated products that were produced for and disseminated to
State, local, and tribal law enforcement agencies prior to April 20,
2009;
(4) any written opinions or guidance produced by the Department of
Homeland Security Office for Civil Rights and Civil Liberties for the
Office of Intelligence and Analysis on production and dissemination of
assessments to State, local, and tribal law enforcement prior to April
20, 2009;
(5) any written opinions or guidance, produced by the Department of
Homeland Security Chief Privacy Officer for the Office of Intelligence
and Analysis, on production and dissemination of assessments to State,
local, and tribal law enforcement prior to April 20, 2009;
(6) a written description of the clearance process for that
Intelligence Assessment and all other Office of Intelligence and
Analysis-generated products produced for and disseminated to State,
local, and tribal law enforcement agencies since April 20, 2009;
(7) a written description of what role, if any, the Chief Officer
for Civil Rights and Civil Liberties of the Department of Homeland
Security has played in the clearance process for Office of Intelligence
and Analysis-generated products produced for and disseminated to State,
local, and tribal law enforcement since April 20, 2009;
(8) a written description of what role, if any, the Department of
Homeland Security Chief Privacy Officer has served in the clearance
process for Office of Intelligence and Analysis-generated products
produced for and disseminated to State, local, and tribal law
enforcement agencies since April 20, 2009;
(9) a written description of what role, if any, the Under Secretary
for Intelligence and Analysis of the Department has played in the
clearance process for Office of Intelligence and Analysis-generated
intelligence products produced for and disseminated to State, local,
and tribal law enforcement agencies since April 20, 2009;
(10) the schedule of dates, if any, Office of Intelligence and
Analysis employees received or will receive privacy and civil liberties
training; and
(11) any other written information on the internal controls on the
clearance process for Office of Intelligence and Analysis-generated
intelligence products that have been disseminated to State, local, and
tribal law enforcement since April 20, 2009.
PURPOSE AND SUMMARY
The purpose of H. Res. 404 is to provide for submission to
the House of Representatives by the Secretary of Homeland
Security of copies of all documents relating to the Department
of Homeland Security Intelligence Assessment titled,
``Rightwing Extremism: Current Economic and Political Climate
Fueling Resurgence in Radicalization and Recruitment''.
BACKGROUND AND NEED FOR LEGISLATION
On April 14, 2009, a copy of the DHS Office of Intelligence
and Analysis (I&A) report ``Rightwing Extremism: Current
Economic and Political Climate Fueling Resurgence in
Radicalization and Recruitment,'' was leaked to the media. The
Committee believes that the report, as released, raises
significant privacy and civil liberties issues for many
Americans--including veterans. The Committee understands that
the report was distributed on a limited basis to law
enforcement and was never intended to be released publicly. H.
Res. 404 is a resolution of inquiry into the drafting and
release process for this report and any changes to how DHS
drafts, clears, and releases products generated by I&A for
distribution to State, local, and tribal law enforcement.
H. Res. 404 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.
Under the rules and precedents of the House, a resolution
of inquiry is one of the methods used by the House to obtain
information from the executive branch. According to Volume 7,
Chapter 24, Section 8 of 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.''
HEARINGS
The Committee held no hearings on H. Res. 404.
COMMITTEE CONSIDERATION
The Committee on Homeland Security considered H. Res. 404
on May 19, 2009, and ordered the measure reported to the House
with a favorable recommendation, as amended, by voice vote.
The Committee adopted H. Res. 404, as amended, by voice
vote.
The following amendment was offered:
An Amendment in the Nature of a Substitute offered by
Mr. Thompson (#1); was AGREED TO by voice vote.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of H.
Res. 404.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply, as H. Res. 404 does not provide
new budgetary authority or increased tax expenditures.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Clause 3(c)(4) of rule XIII of the Rules of the House of
Representatives does not apply, as H. Res. 404 does not
authorize funding.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule
XXI.
FEDERAL MANDATES STATEMENT
H. Res. 404 provides no Federal mandates.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
CONSTITUTIONAL AUTHORITY STATEMENT
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives does not apply, as H. Res. 404 is not a bill or
joint resolution.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the 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.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
This provision directs the Secretary of Homeland Security
to transmit to the House of Representatives, copies of all
documents relating to the Department of Homeland Security (DHS)
Intelligence Assessment titled, ``Rightwing Extremism: Current
Economic and Political Climate Fueling Resurgence in
Radicalization and Recruitment'' (Assessment) including all
information on source material; timelines for the research and
writing of this Assessment; the clearance process for the
issuance of this Assessment and other products generated by the
DHS Office of Intelligence and Analysis for dissemination to
State, local, and tribal law enforcement prior to April 20,
2009; written opinions or guidance provided by the DHS Office
for Civil Rights and Civil Liberties for the issuance of this
Assessment and other products generated by the DHS Office of
Intelligence and Analysis for dissemination to State, local,
and tribal law enforcement prior to April 20, 2009; written
opinions or guidance provided by the DHS Chief Privacy Officer
for the issuance of this Assessment and other products
generated by the DHS Office of Intelligence and Analysis for
dissemination to State, local, and tribal law enforcement prior
to April 20, 2009; the clearance process involved in issuance
of products generated by the DHS Office of Intelligence and
Analysis for dissemination to State, local, and tribal law
enforcement since April 20, 2009; the written description of
what role the Chief Officer for Civil Rights and Civil
Liberties plays in the clearance process for Office of
Intelligence and Analysis-generated products for dissemination
to State, local, and tribal law enforcement since April 20,
2009; the written description of the role the DHS Chief Privacy
Officer plays in the clearance process for Office of
Intelligence and Analysis-generated products for dissemination
to State, local, and tribal law enforcement since April 20,
2009; written description of the role the DHS Under Secretary
for Intelligence and Analysis plays in the clearance process
for Office of Intelligence and Analysis-generated products
produced for and disseminated to State, local, and tribal law
enforcement agencies since April 20, 2009; the schedule of
dates that employees of the Office of Intelligence and Analysis
have received or will receive privacy and civil liberties
training; and other written information on the internal
controls and clearance process for DHS Office of Intelligence
and Analysis-generated products that have been disseminated to
State, local, and tribal law enforcement since April 20, 2009.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H. Res. 404 makes no changes to existing law.
ADDITIONAL, MINORITY, AND DISSENTING VIEWS
----------
REPUBLICAN MEMBER VIEWS
Committee Report to Accompany H. Res. 404, a Resolution of
Inquiry ``Directing the Secretary of Homeland Security to
transmit to the House of Representatives, not later than 14
days after the date of the adoption of this resolution, copies
of documents relating to the Department of Homeland Security
Intelligence Assessment titled, `Rightwing Extremism: Current
Economic and Political Climate Fueling Resurgence in
Radicalization and Recruitment'.''
INTRODUCTION
The Republican Members of the Committee on Homeland
Security (``Committee'') are pleased that the Committee
reported favorably (as amended) to the full House H. Res. 404,
the Resolution of Inquiry. We appreciate this nearly
unprecedented display of cooperation on a Resolution of
Inquiry, and we commend the Majority for their support.
BACKGROUND
On April 14, 2009, media reports described an
``assessment'' issued by the Department of Homeland Security
entitled, ``Rightwing Extremism: Current Economic and Political
Climate Fueling Resurgence in Radicalization and Recruitment.''
The release of this report raised serious concerns across the
country about its depiction of military veterans as recruits
for terrorists, as well as its overly broad characterizations
of those who oppose gun control, free trade agreements,
abortion, and same-sex marriage.
It is critical the Committee conduct a bipartisan inquiry
into the process within the Department of Homeland Security
that led to the development and release of the report, as well
as what steps have been taken to ensure a similar intra-
departmental breakdown does not occur again. Therefore,
Committee Republicans, joined by the House Republican
Leadership, introduced the Resolution of Inquiry because of the
seriousness of the issue and the need for answers.
The Chairman's Amendment in the Nature of a Substitute
reflects and builds on the provisions included in H. Res. 404.
According to a parliamentary expert at the Congressional
Research Service, it is ``nearly unprecedented'' that a
resolution of inquiry is amended during the markup process.
Rather, most such resolutions are reported with a negative
recommendation by the Majority--regardless of which party is in
power.
The Chairman's Amendment in the Nature of a Substitute
recognizes the merits of H. Res. 404 and aims to address the
serious issues raised by the Department's ``Rightwing
Extremism'' report. The Resolution of Inquiry, as amended, is
comprehensive and will allow the committee to conduct
bipartisan oversight on this issue. As the Chairman stated
during the markup, the resolution requires that the Secretary
transmit all written documents, including e-mails, related to
the production and dissemination of this report. The
Resolution, as amended, further requires that the Secretary
transmit these documents to the House of Representatives within
14 days after the date the resolution is adopted.
We believe that this is the only way to fully explore how
this report was created and what new procedures are in place to
ensure that a similar breakdown does not happen again. We,
therefore, thank the Majority for their bipartisan support in
favorably reporting this critical resolution, and we look
forward to working with the Majority to ensure that this
resolution is considered by the full House and the Department
fully complies with its provisions.
Peter T. King,
Ranking Member.
Mark Souder.
Mike Rogers.
Charles W. Dent.
Paul C. Broun.
Pete Olson.
Steve Austria.
Lamar Smith.
Daniel E. Lungren.
Michael T. McCaul.
Gus M. Bilirakis.
Candice S. Miller.
Anh ``Joseph'' Cao.
