[House Report 117-474]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {     117-474

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

 
 RESOLUTION OF INQUIRY DIRECTING THE SECRETARY OF HOMELAND SECURITY TO 
      PROVIDE CERTAIN DOCUMENTS IN HIS POSSESSION TO THE HOUSE OF 
    REPRESENTATIVES RELATING TO THE DISINFORMATION GOVERNANCE BOARD

                                _______
                                

 September 19, 2022.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                             ADVERSE REPORT

                             together with

                             MINORITY VIEWS

                      [To accompany H. Res. 1236]

    The Committee on Homeland Security, to whom was referred 
the resolution (H. Res. 1236) of inquiry directing the 
Secretary of Homeland Security to provide certain documents in 
his possession to the House of Representatives relating to the 
Disinformation Governance Board, having considered the same, 
report unfavorably thereon without amendment and recommend that 
the resolution not be agreed to.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Vote...................................................     2
Committee Oversight Findings.....................................     3
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     3
Statement of General Performance Goals and Objectives............     3
Section-by-Section Analysis of the Legislation...................     4
Minority Views...................................................     4

                          PURPOSE AND SUMMARY

    H. Res. 1236 directs the Secretary of Homeland Security to 
provide certain documents in his possession to the House of 
Representatives relating to the Disinformation Governance 
Board.

                  BACKGROUND AND NEED FOR LEGISLATION

    A resolution of inquiry is a simple resolution requesting 
the President, or directing the head of an executive 
department, to provide to the House specific information in the 
possession of the administration.
    Clause 7 of rule XIII of the Rules of the House of 
Representatives provides that a motion to discharge the 
Committee to which the resolution was referred upon 
introduction is privileged in the House if the Committee has 
not reported the measure back to the House within 14 
legislative days after its introduction.
    The Committee notes that consideration of this resolution 
of inquiry is to comply with rule XIII. It does not affect the 
Committee's obligation or commitment to conduct oversight and 
require documentation from the administration on issues within 
the Committee's jurisdiction.
    Representative Andy Biggs of Arizona introduced this 
resolution of inquiry on July 20, 2022. The need for such a 
resolution is obviated by information provided to the Committee 
in regular briefings through the course of the Committee's 
usual oversight of the Department.
    The Committee has worked with the Department to obtain 
information requested in this resolution and the Department has 
furnished much of that information, including information on 
the Board's mission, authorities, staffing, funding, and 
activities. Moreover, the Disinformation Governance Board at 
the Department of Homeland Security was disbanded on August 24, 
2022. Nevertheless, the Committee continues to do rigorous 
oversight over the Department's disinformation activities, 
including via a letter sent to Secretary Alejandro N. Mayorkas 
by Chairman Bennie G. Thompson and Cybersecurity, 
Infrastructure Protection, and Innovation Subcommittee 
Chairwoman Yvette D. Clarke requesting information about how 
DHS plans to implement recommendations from the Homeland 
Security Advisory Council related to its well-established 
disinformation mission.

                                HEARINGS

    No hearings were used to develop H. Res. 1236 in the 117th 
Congress.

                        COMMITTEE CONSIDERATION

    The Committee met on September 14, 2022, a quorum being 
present, to consider H. Res. 1236 and ordered the measure to be 
adversely reported to the House by a recorded vote of 19 ayes 
and 15 noes.

                             COMMITTEE VOTE

    Clause 3(b) of rule XIII requires the Committee to list the 
recorded votes on the motion to report legislation and 
amendments thereto.
          1. A motion by Mr. Thompson of Mississippi to 
        adversely report H. Res. 1236 was agreed to by a 
        recorded vote of 19 ayes and 15 noes (Rollcall No. 35).

                                          Committee Record Vote No. 35
                              Thompson (MS) Motion to Adversely Report H. Res. 1236
                                         Agreed to: 19 ayes and 15 noes
----------------------------------------------------------------------------------------------------------------
                Majority Members                     Vote                Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Jackson Lee................................          Aye   Mr. Katko..........................           No
Mr. Langevin...................................          Aye   Mr. McCaul.........................           No
Mr. Payne......................................          Aye   Mr. Higgins (LA)...................  ............
Mr. Correa.....................................          Aye   Mr. Guest..........................           No
Ms. Slotkin....................................          Aye   Mr. Bishop (NC)....................           No
Mr. Cleaver....................................          Aye   Mr. Van Drew.......................           No
Mr. Green (TX).................................          Aye   Mrs. Miller-Meeks..................           No
Ms. Clarke (NY)................................          Aye   Mrs. Harshbarger...................           No
Mr. Swalwell...................................          Aye   Mr. Clyde..........................           No
Ms. Titus......................................          Aye   Mr. Gimenez........................           No
Mrs. Watson Coleman............................          Aye   Mr. LaTurner.......................           No
Miss Rice (NY).................................          Aye   Mr. Meijer.........................           No
Mrs. Demings...................................          Aye   Mrs. Cammack.......................           No
Ms. Barragan...................................          Aye   Mr. Pfluger........................           No
Mr. Gottheimer.................................          Aye   Mr. Garbarino......................           No
Mrs. Luria.....................................          Aye   Mrs. Flores........................           No
Mr. Malinowski.................................          Aye
Mr. Torres (NY)................................          Aye
Mr. Thompson (MS), Chairman....................          Aye
----------------------------------------------------------------------------------------------------------------

                      COMMITTEE OVERSIGHT FINDINGS

    In compliance with clause 3(c)(1) of rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X, are incorporated in the descriptive portions of this 
report.

CONGRESSIONAL BUDGET OFFICE ESTIMATE, NEW BUDGET AUTHORITY, ENTITLEMENT 
                    AUTHORITY, AND TAX EXPENDITURES

    The Committee finds the requirements of clause 3(c)(2) of 
rule XIII and section 308(a) of the Congressional Budget Act of 
1974, and the requirements of clause 3(c)(3) of rule XIII and 
section 402 of the Congressional Budget Act of 1974, to be 
inapplicable to this resolution. Accordingly, the Committee did 
not request or receive a cost estimate from the Congressional 
Budget Office and makes no findings as to the budgetary impacts 
of this resolution or costs incurred to carry out the 
resolution.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the objective of 
H. Res. 1236 is to direct the Secretary of Homeland Security to 
provide certain documents in his possession to the House of 
Representatives relating to the Disinformation Governance 
Board.

             section-by-section analysis of the legislation

    The resolution directs the Secretary of Homeland Security 
to provide certain documents in his possession to the House of 
Representatives relating to the Disinformation Governance 
Board. In particular, H. Res. 1236 requests:
          1. communications or coordination between the 
        Department of Homeland Security and the Executive 
        Office of the President regarding misinformation, 
        disinformation, and mal-information or the 
        Disinformation Governance Board;
          2. the National Terrorism Advisory System Bulletin, 
        dated February 7, 2022, 2:00 p.m. ET;
          3. the Disinformation Governance Board, including its 
        mission, authorities, staffing, funding, and 
        activities; and
          4. communications or coordination between the 
        Disinformation Governance Board and social media 
        companies regarding misinformation, disinformation, or 
        mal-information.

                             MINORITY VIEWS

    In May 2022, Secretary Mayorkas announced that the 
Department of Homeland Security (DHS) had established a 
``Disinformation Governance Board'' without any notice or 
engagement with Congress.\1\ DHS leadership asserted that the 
board was established to disseminate guidance to Department 
components on misinformation, disinformation, and mal-
information that threatens the homeland. However, given the 
lack of transparency surrounding its establishment, Committee 
Republicans and many Americans were rightfully concerned that 
the board, headed by a known partisan, was a political entity 
empowered to dictate the Government's definition of ``truth'' 
to the American people. Shortly after the board was unveiled, 
the non-partisan Homeland Security Advisory Council (or HSAC) 
recommended that the Secretary shut down this concerning 
initiative. On August 24, 2022, Secretary Mayorkas disbanded 
the board based on the recommendation of the HSAC.\2\
---------------------------------------------------------------------------
    \1\``Fact Sheet: DHS Internal Working Group Protects Free Speech 
and Other Fundamental Rights When Addressing Disinformation That 
Threatens the Security of the United States,'' Department of Homeland 
Security, (May 2, 2022), available at https://www.dhs.gov/news/2022/05/
02/fact-sheet-dhs-internal-working-group-protects-free-speech-other-
fundamental-rights.
    \2\``Following HSAC Recommendation, DHS terminates Disinformation 
Governance Board,'' Department of Homeland Security, (Aug. 24, 2022), 
available at https://www.dhs.gov/news/2022/08/24/following-hsac-
recommendation-dhs-terminates-disinformation-governance-board.
---------------------------------------------------------------------------
    The establishment, and immediate failure, of the 
Disinformation Governance Board proves that--despite the 
increasing frequency of cyber-attacks against our critical 
infrastructure, a terrorist safe haven re-establishing in 
Afghanistan, and an out-of-control crisis at our southern 
border--the priorities of the Biden administration are grossly 
misplaced. Committee Republicans strongly urge DHS to focus on 
its core mission, which it has struggled to do in the Biden 
administration.

                                                        John Katko.

                                  [all]