[House Report 117-621]
[From the U.S. Government Publishing Office]


117th Congress   }                                     {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                     {       117-621

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

 
RESOLUTION OF INQUIRY REQUESTING THE PRESIDENT TO TRANSMIT CERTAIN 
   DOCUMENTS TO THE HOUSE OF REPRESENTATIVES RELATING TO THE USE OF 
AUTHORITIES, PERSONNEL, AND CAPABILITIES OF THE INTELLIGENCE COMMUNITY 
    TO CONDUCT DOMESTIC ACTIVITIES UNRELATED TO FOREIGN INTELLIGENCE

                                _______
                                

 December 13, 2022.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Schiff, from the Permanent Select Committee on Intelligence, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                      [To accompany H. Res. 1467]

    The Committee on Armed Services, to whom was referred the 
resolution (H. Res. 1467) of inquiry requesting the President 
to transmit certain documents to the House of Representatives 
relating to the use of authorities, personnel, and capabilities 
of the intelligence community to conduct domestic activities 
unrelated to foreign intelligence, having considered the same, 
reports thereon without amendment and without recommendation.

                          PURPOSE AND SUMMARY

    H. Res. 1467 requests the President to transmit certain 
documents to the House of Representatives ``relating to the use 
of authorities, personnel, and capabilities of the intelligence 
community to conduct domestic activities unrelated to foreign 
intelligence.''

                  BACKGROUND AND NEED FOR LEGISLATION

    The Committee strongly supports continued oversight of the 
intelligence community's use of its authorities, personnel, and 
capabilities to conduct domestic activities in order to ensure 
those activities are carried out in compliance with applicable 
laws, including laws relating to privacy and civil liberties, 
and in a manner consistent with our nation's bedrock principles 
and values.
    The Committee has undertaken rigorous, bipartisan oversight 
work on this subject. For example, Section 505 of the 
Intelligence Authorization Act for Fiscal Year 2022 (Division X 
of P.L. 117-103) requires the Director of National Intelligence 
(DNI) to submit, on an annual basis, a report that identifies 
all domestic activities undertaken by each element of the 
intelligence community during the prior fiscal year, and 
provides a statement of the legal authority authorizing such 
activity.
    To ensure compliance with this statutory mandate, earlier 
this year the Committee included a dedicated provision (Section 
313) in the Committee-passed Intelligence Authorization Act for 
Fiscal Year 2023. Section 313 provides that 5 percent of the 
funding authorized to be appropriated for the Intelligence 
Community Management Account may not be obligated or expended 
until the DNI submits the first report required by Section 505 
of the Fiscal Year 2022 IAA. The Committee has included other 
provisions in the classified annex accompanying the Fiscal Year 
2023 IAA that underscore the Committee's strong bipartisan 
interest in this topic.
    This Committee has the solemn responsibility, on behalf of 
the U.S. House of Representatives and the American people, to 
be fully and currently informed of the intelligence activities 
of each element of the intelligence community, including any 
activities with a domestic nexus. The Committee's ongoing 
oversight of all intelligence community activities--through 
hearings, briefings, and requests for information--informs 
legislative action that is necessary and appropriate to ensure 
that intelligence community personnel abide by U.S. law and 
values as they carry out their vital national security 
missions.
    For the foregoing reasons, the Committee voted to report H. 
Res. 1467 without recommendation.

                           COMMITTEE HEARINGS

    The Permanent Select Committee on Intelligence has not held 
hearings on the legislation.

                        COMMITTEE CONSIDERATION

    H. Res. 1467 was introduced on November 14, 2022, by 
Ranking Member Turner (R-OH) and was referred to the Permanent 
Select Committee on Intelligence. On December 7, 2022, the 
Committee met in open markup session and ordered H. Res. 1467, 
without amendment, reported without recommendation to the House 
by voice vote.

                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this resolution contains any new budget authority, 
spending authority, credit authority, or an increase or 
decrease in revenues or tax expenditures.

                       FEDERAL MANDATES STATEMENT

    The Committee will adopt as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to request 
the President to transmit certain documents to the House of 
Representatives relating to the use of authorities, personnel, 
and capabilities of the intelligence community to conduct 
domestic activities unrelated to foreign intelligence.

                    DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of H. 
Res. 1467 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                        COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee will 
adopt as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

      EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H. Res. 1467 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act is created by this 
legislation.

                  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

    H. Res. 1467 requests the President 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 
(including records, memos, correspondence, and other 
communications), to the extent that any such one or more items 
are within the possession of the President and refer or relate 
to the use of authorities, personnel, and capabilities of the 
intelligence community to conduct domestic activities unrelated 
to foreign intelligence.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    There are no changes to existing law made by H. Res. 1467.

                             MINORITY VIEWS

    The Republicans of the Permanent Select Committee on 
Intelligence are encouraged that Democrats support the critical 
oversight responsibilities of this Committee and have reported 
this resolution to the House. The requested information is 
necessary to facilitate this Committee's oversight 
responsibilities because the Intelligence Community (IC) has 
repeatedly ignored Member requests for information, including 
Congressionally Directed Actions and statutory provisions from 
the Fiscal Year (FY) 2022 Intelligence Authorization Act.
    House Resolution 1467 requests that the President transmit 
documents to the House related to the authorities, personnel, 
and capabilities of the IC to conduct domestic activities 
unrelated to foreign intelligence. In early 2021, President 
Biden tasked the IC to conduct a review of the threats posed by 
domestic violent extremism. In March 2021, the Office of the 
Director of National Intelligence (ODNI) released a public 
report on the heightened threat posed by domestic violent 
extremists. Since the issuance of this report, Committee 
Republicans have questioned ODNI and the IC's legal authority 
to be involved in the collection, analytic review, and 
dissemination of intelligence related to domestic violent 
extremism that has no ties to foreign intelligence. To date, 
Committee Republicans have sent 19 letters to IC Element heads 
requesting information related to the IC's involvement in 
domestic activity. In the FY 2022 IAA, Congress enacted a 
statutory requirement for the Director of National Intelligence 
to provide a report by June 13, 2022, and annually thereafter, 
on the IC's domestic activity. As of today, this report has not 
been provided to Congress.
    As a result of the IC not providing the information that 
has been requested by this Committee and mandated by Congress, 
it is the prerogative of the House to request such information 
from the President in order to fulfill its Article I oversight 
responsibilities.

                                         Michael R. Turner,
                                                    Ranking Member.

                                  [all]