[House Report 111-134]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-134

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

 
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.

                                  
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