19–006 

108TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 1st Session 108–223 

RESOLUTION OF INQUIRY TO THE SECRETARY OF 

HOMELAND SECURITY

JULY 21, 2003.—Referred to the House Calendar and ordered to be printed 

Mr. COX, from the Select Committee on Homeland Security, 

submitted the following 

ADVERSE REPORT 

together with 

DISSENTING VIEWS 

[To accompany H. Res. 286] 

The Select Committee on Homeland Security, to whom was referred the resolution (H. Res. 286) 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 all 

physical and electronic records and documents in his possession related to any use of Federal agency resources in any task or action 

involving or relating to Members of the Texas Legislature in the 

period beginning May 11, 2003, and ending May 16, 2003, except 

information the disclosure of which would harm the national security interests of the United States, having considered the same, report unfavorably thereon with amendments and recommend that 

the resolution as amended not be agreed to.

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2

Background and Need for Legislation .................................................................... 2

Hearings ................................................................................................................... 3

Committee Consideration ........................................................................................ 3

Committee Votes ...................................................................................................... 3

Committee Oversight Findings ............................................................................... 11

Statement of General Performance Goals and Objectives .................................... 11

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 11

Committee Cost Estimate ....................................................................................... 11

Federal Mandates Statement ................................................................................. 11

Advisory Committee Statement .............................................................................. 11

Constitutional Authority Statement ...................................................................... 11

Applicablility to Legislative Branch ....................................................................... 11

2

Section-by-Section Analysis of the Legislation ...................................................... 11

Changes in Existing Law Made by the Bill, as Reported ..................................... 11

Dissenting Views ..................................................................................................... 12

The amendments are as follows: 

On page 2, line 3, strike ‘‘14’’ and insert ‘‘30’’ (and amend the 

title of the bill accordingly). 

Strike all after the enacting clause and insert the following:

That the Secretary of Homeland Security is directed to transmit to the House of 

Representatives not later than 30 days after the date of the adoption of this resolution all physical and electronic records and documents in his possession related to 

any us of agency resources in any task or action involving or relating to Members 

of the Texas Legislature in the period beginning May 11, 2003, and ending May 16, 

2003, except information the disclosure of which would harm the national security 

interests of the United States.

Amend the title so as to read:

Resolution directing the Secretary of Homeland Security to transmit to the House 

of Representatives not later than 30 days after the date of the adoption of this resolution all physical and electronic records and documents in his possession related 

to any use of Federal agency resources in any tasks or action involving or relating 

to Members of the Texas Legislature in the period beginning May 11, 2003, and 

ending May 16, 2003, except information the disclosure of which would harm the 

national security interests of the United States.

PURPOSE AND SUMMARY

House Resolution 286, introduced by Rep. Green (D–TX) on June 

19, 2003, directs the Secretary of Homeland Security to transmit 

to the House of Representatives not later than 14 days after the 

date of its adoption all physical and electronic records and documents in his possession related to any use of Federal agency resources in any task or action involving or relating to Members of 

the Texas Legislature in the period beginning May 11, 2003, and 

ending May 16, 2003, except information the disclosure of which 

would harm the national security interests of the United States. 

BACKGROUND AND NEED FOR LEGISLATION

House Resolution 286 is a resolution of inquiry, which, pursuant 

to clause 7 of rule XIII of the Rules of the House of Representatives, requires the Committee to act on the resolution within 14 

legislative days, or a privileged motion to discharge the Committee 

is in order. The day of introduction and the day of discharge are 

not counted in the 14 days. H. Res. 286 was referred to the Select 

Committee on Homeland Security on June 19, 2003. 

A Committee has several possible courses of action after a resolution of inquiry is referred to it. The Committee may choose to 

amend the resolution, report it favorably, adversely, with no recommendation, or not at all. Two common reasons for reporting a 

resolution of inquiry adversely are substantial compliance and competing investigations. 

In the first case—the one that applies here—the Executive 

Branch may deliver documents that substantially fulfill the purpose of the resolution, thus making it unnecessary for the Committee to report the resolution favorably for floor action. 

On May 15, 2003, ten Members of the House of Representatives 

sent a letter to the Office of the Inspector General of the Department of Homeland Security, requesting an investigation of the use 

of Department of Homeland Security resources to locate a plane beVerDate Jan 31 2003 03:24 Jul 23, 2003 Jkt 019006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR223.XXX HR223
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longing to former Texas State House Speaker Pete Laney, and believed to be carrying Members of the Texas State Legislature. 

The Inspector General of the Department of Homeland Security 

subsequently performed a full investigation of the matter, releasing 

a final report, entitled ‘‘Air and Marine Interdiction Center,’’ on 

June 13, 2003. The report contains a comprehensive description of 

what took place regarding Department resources, and includes relevant documents and transcripts. 

The Inspector General concluded that there was no wrongdoing 

by the Air and Marine Interdiction Coordination Center or other 

Department personnel, that Department of Homeland Security resources used during this process were de minimis, and that the use 

of Department of Homeland Security resources warranted no further investigation. 

The Committee believes the Inspector General report fulfills the 

purpose of, and represents substantial compliance with, H. Res. 

286. We therefore report the resolution adversely. 

HEARINGS

The Committee did not hold hearings on H. Res. 286. 

COMMITTEE CONSIDERATION

The Select Committee on Homeland Security met in open markup session on Wednesday, July 16, 2003, and took the following action: 

H. Res. 286 was ordered reported to the House, adversely, 

amended, by a recorded vote of 24 yeas and 20 nays (Rollcall Vote 

No. 8). 

The following amendments were offered: 

An amendment offered by Ms. Jackson-Lee (#1), page 2, line 3, 

strike ‘‘14’’ and insert ‘‘30’’ (and amend the title of the bill accordingly) was AGREED TO by unanimous consent. 

An Amendment offered by Mr. Pascrell (#2), page 2, line 8, after 

‘‘May 16, 2003,’’ insert ‘‘including an unredacted copy of the Office 

of Inspector General’s Report of Investigation number IN03–OIG–

LA–0662–S, dated June 13, 2003, and an unredacted copy of each 

exhibit to that Report of Investigation,’’ was NOT AGREED TO by 

a recorded vote of 19 yeas and 24 nays (Rollcall Vote No. 6). 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes that occurred 

during consideration of H. Res. 286. 

On a motion to move the previous question, was AGREED TO by 

a recorded vote of 24 yeas and 19 nays (Rollcall Vote No. 5) as follows:

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An Amendment offered by Mr. Pascrell (#2), page 2, line 8, after ‘‘May 16, 2003,’’ insert ‘‘including an unredacted copy of the Office 

of Inspector General’s Report of Investigation number IN03–OIG– LA–0662–S, dated June 13, 2003, and an unredacted copy of each 

exhibit to that Report of Investigation,’’ was NOT AGREED TO by 

a recorded vote of 19 yeas and 24 nays (Rollcall Vote No. 6) as follows:

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On a motion to move the previous question, was AGREED TO by 

a recorded vote of 24 yeas and 20 nays (Rollcall Vote No. 7) as follows:

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On reporting H. Res. 286 adversely to the House, as amended, 

by a recorded vote of 24 yeas and 20 nays (Rollcall Vote No. 8) as 

follows:

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COMMITTEE OVERSIGHT FINDINGS

Pursuant 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 its oversight activities, are incorporated into this report. 

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. 286 does not authorize funding. 

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. 286 does not provide new budgetary authority or increased tax expenditures. 

COMMITTEE COST ESTIMATE

In compliance with clause 3(d)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee estimates the costs of implementing H. Res. 286 would be minimal. 

FEDERAL MANDATES STATEMENT

H. Res. 286 provides no Federal mandates. 

ADVISORY COMMITTEE STATEMENT

H. Res. 286 does not establish or authorize any new advisory 

committees. 

CONSTITUTIONAL AUTHORITY STATEMENT

Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives does not apply, as H. Res. 286 is not a bill or joint resolution. 

APPLICABILITY TO LEGISLATIVE BRANCH

H. Res. 286 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. 286, as amended, is a simple resolution directing the Secretary of Homeland Security to transmit to the House of Representatives not later than 30 days after the date of the adoption of this 

resolution all physical and electronic records and documents in his 

possession related to any use of Federal agency resources in any 

task or action involving or relating to Members of the Texas Legislature in the period beginning May 11, 2003, and ending May 16, 

2003, except information the disclosure of which would harm the 

national security interests of the United States. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

H. Res. 286 makes no changes to existing law. 

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DISSENTING VIEWS OF HONORABLE JIM TURNER 

The Select Committee on Homeland Security has considered and 

rejected H. Res. 286, a Resolution of Inquiry authorized by clause 

7 of House Rule XIII, directing the Secretary of Homeland Security 

to transmit to the House certain records and documents in the possession of the Department of Homeland Security. This procedure is 

contained in and authorized by the Rules as a tool to enable the 

Congress to effectively carry out our oversight responsibility. 

I strongly dissent from the Committee’s rejection of H. Res. 286 

and use of the motion on the previous question to limit the opportunity for Members to express their strongly held views in support 

of the Resolution. This Resolution, and the mark up session to address it, provided an important opportunity to address a matter 

which should not be partisan in nature. This Resolution of Inquiry 

arises out of the very serious allegation that Department of Homeland Security resources were used to advance a partisan effort to 

achieve passage of Congressional Redistricting by the Texas Legislature. 

When this issue was first brought to our attention, I was pleased 

that serious concern over this allegation was expressed on both 

sides of the aisle on this Committee. Ensuring that federal Homeland Security resources are not used for political gain is a matter 

of utmost importance and I was pleased that Secretary Ridge 

agreed to conduct an Inspector General’s investigation into the 

matter. 

While Chairman Cox and other Members on the Republican side 

of the aisle now argue that the issuance of the Department’s IG Office’s report on June 13, 2003, makes further review of this matter 

unnecessary, there can be no disagreement that agency investigations have never been a substitute for the exercise of our responsibility for Congressional oversight. 

Indeed, Chairman Cox previously led a probing inquiry into the 

transfer of missile technology to China even though multiple investigations by the Executive Branch were ongoing, including criminal 

prosecutions. Many Committees of this Congress investigated a 

host of issues during the 1990s, even though Executive Branch or 

outside probes had been conducted. 

History is clear. We have a right and a duty to conduct independent inquiries when there are serious allegations that the public trust has been abused. 

The need for further inquiry into the allegations of misuse of federal Homeland Security resources is highlighted by the stark contrast between the investigative report filed by the Homeland Security IG Office and the report prepared by the Department of Transportation IG Office issued on July 11, 2003, and presented on July 

15th to the House Transportation Committee. 

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The deficiencies of the Homeland Security IG Office’s report are 

numerous and disturbing. The report reveals a lack of clarity, lack 

of disclosure, lack of thoroughness, lack of concern for the misuse 

of federal resources, and lack of recommendations for prevention of 

such misuse in the future. These deficiencies, coupled with the 

total failure to deal with the homeland security threat implications 

arising from the ready accessibility of information that could be 

useful to potential terrorists, shows a complete lack of concern by 

the Department for an array of legitimate and compelling issues 

presented by the events brought to the Department’s attention by 

this Committee. 

While the Department of Transportation IG documented how 

Federal Aviation Administration resources were used for partisan 

purposes, the Department of Homeland Security IG Office’s investigation barely even touched on this important issue. The Homeland Security IG Office assumed that it was appropriate for agency 

employees to track down a private airplane flown by law abiding 

citizens, even though there was no evidence that the plane had 

crashed, was otherwise in danger, or was involved in criminal activity. The Homeland Security IG Office totaled up the amount of 

time spent tracking the plane and concluded that this was a ‘‘nominal’’ use of assets. 

This is not the point. The question is whether it was right and 

proper for Department officials to use positions of responsibility, to 

use the power of the federal government, to hunt for a private 

plane carrying a law abiding member of the Texas legislature. Indeed, there are suggestions in the report that government officials 

knew full well that they were involved in the political dispute in 

Texas. 

For example, the Department of Homeland Security employee at 

the Air and Marine Interdiction Coordination Center (AMICC) who 

spent 40 minutes of his time seeking to track the plane’s whereabouts told the IG Office that this was a ‘‘normal part of his duties.’’ The IG Office accepted that at face value. Yet, that same employee said that he found it ‘‘fishy’’ that the Texas Department of 

Public Safety official stated ‘‘they’re Texas legislators and that’s all 

he was at liberty to say.’’ That same employee ‘‘got a bad feeling’’

when he learned from an airport contractor that there had been 

something about this in the news or the media and the contractor 

sounded reluctant to look for the aircraft. Even after these gut reactions by the AMICC employee, he continued to search for the 

plane. 

But the IG Office ignored this evidence. There are other signs of 

a lack of a professional, rigorous investigation: 

There is no indication that any of the persons interviewed 

were asked specifically about their awareness of the political 

situation going on in Texas. 

There is no corroboration in the Report to justify the IG Office’s willingness to accept the assertion that this incident was 

a ‘‘typical request from a law enforcement agency, which reportedly occurs at least thirty times a day.’’

There are no signs that the IG office reviewed any email exchanges relating to this matter. 

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In contrast, the Department of Transportation IG showed in 

great detail, that Mr. DeLay’s office triggered the use of FAA resources to track down the Texas legislators. The Homeland Security IG Office showed little interest or initiative to ascertain the 

initial source of the Department of Homeland Security’s involvement into a purely partisan political matter. 

The Department of Transportation IG realized that important 

policy matters were at stake and made important recommendations 

on changes that should be made to ensure that federal resources 

not be misused again. I note that on July 15th, the Transportation 

Department responded to its IG’s recommendations by making 

changes to its procedures governing release of aircraft tracking information. The Homeland Security IG Office failed to understand 

this point. By limiting its review to a criminal investigative matter, 

the Office of Inspector General failed to ensure that agency resources are not diverted from the homeland security mission. 

The Department of Transportation IG report identified the persons involved in this incident and recommended that they be held 

accountable. The Homeland Security IG Office’s report and exhibits 

are filled with redactions which have hidden information from public view and made the report incomprehensible. Attached to my dissenting views are two documents which clearly set forth the differences in approach and show the contrast in Congress’s ability to 

gather the facts. 

We are entitled to the full findings and recommendations of Inspectors General throughout the government. By law, the Inspector 

General is obligated to keep the Congress fully and currently informed concerning problems with the programs and operations of 

the Department, recommendations for corrective action, and the 

Department’s progress in implementing such recommendations. 

For this reason, the Democratic Members of the Committee 

unanimously supported the amendment to the Resolution offered 

by Mr. Pascrell to ensure that the House of Representatives be provided an unredacted version of the IG Office’s report and exhibits. 

I am disappointed that the Majority rejected Mr. Pascrell’s 

amendment. Congress receives documents containing our most sensitive national security secrets and sensitive law enforcement matters. There is no acceptable justification to withhold from Congress 

a complete, unredacted version of this report on allegations involving the use of federal resources funded by taxpayer dollars and involving the official actions of government officials. Thus it comes as 

no surprise that the Majority cut short the debate on the amendment and offered no rationale for their votes. 

This Committee must protect its oversight responsibilities and 

demand that the Inspector General’s first effort at preparing a report to this Committee meet a high standard for accountability and 

responsiveness to the Congress. We expect a higher quality of work 

from the Inspector General’s Office. 

Finally, I am very disappointed that this matter was not treated 

with greater seriousness and more deliberation by the Majority. 

The limitation of debate and discussion was inconsistent with the 

bipartisan manner that this Committee has heretofore functioned 

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and will function in the future on the critical issue of homeland security, where all Americans stand united in defense of our Nation.

JIM TURNER.

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DISSENTING VIEWS OF REPRESENTATIVE BILL PASCRELL, 

JR. 

I fully concur with the Dissenting Views of Ranking Minority 

Member Jim Turner. The Committee’s rejection of H. Res. 286, a 

Resolution of Inquiry authorized by longstanding House Rules, is 

an abrogation of our responsibility to conduct oversight of the Department of Homeland Security. The Committee’s rejection of my 

amendment to ensure that we receive a full, unredacted version of 

the Department’s Inspector General report on allegations involving 

the misuse of taxpayer dollars is mind-boggling. But most of all, 

the manner in which this Committee cut off debate on both my 

amendment and the Resolution itself is very disturbing and I hope 

will never be repeated. 

I dissent from the Committee’s final vote on H. Res. 286 and use 

of the motion on the previous question to limit the opportunity for 

Members to discuss and debate the Resolution and my amendment. 

It is my firm view that the Department of Homeland Security 

was used by others to carry out a partisan political objective relating to Congressional redistricting by the Texas Legislature. It is 

unconscionable to use these precious resources at a fledgling department for political purposes when there is so much left to do to 

improve homeland security. This is simply unacceptable to the 

American people, and should be unacceptable to the Members of 

Congress. It is our duty to seek out all of the facts on this matter 

to make sure that it never happens again. 

The report by the Transportation Department’s Inspector General makes crystal clear what contacts were made with FAA officials to search for a private aircraft that no one, at any time, suggested had crashed, was in distress, or was involved in a criminal 

endeavour. These included a Congressional request from the Office 

of Congressman DeLay. And the FAA was quick to respond. But 

what was the reaction after the fact by one FAA official? According 

to the IG’s report, he said, ‘‘* * * I just felt like I had been used 

* * *.’’ Whereas, the FAA felt used, our Committee was shortchanged 

when we rejected this Resolution and my amendment. The Transportation Committee dispensed with the resolution in a bipartisan 

manner because the Congress received the information requested— in its totality. We wish this Committee would do the same, but the 

report we have is unsatisfactory. We didn’t carry out our responsibility to get the full facts, something that lends itself to a bipartisan process. 

As I have made clear, I am extremely disappointed in the quality 

of the Department of Homeland Security IG Office’s report, which 

didn’t get all the facts, didn’t appreciate the significance of the 

facts they had, and missed a golden opportunity to educate the Department of Homeland Security about this matter by publishing a 

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comprehensive report. Instead, what we received was the product 

of a narrow look at the facts and a report riddled with so many 

redactions that we can make no sense of it. For that reason, I offered my amendment to ensure that we receive a full, uncensored 

copy of the IG Report. This is not a partisan issue. This is not a 

Texas issue. Rather, it is about setting a precedent. The Congress 

has certainly been trusted with information much more sensitive 

than this. As representatives of the people, we have a right to 

know. 

The Majority’s action to stifle debate on my amendment and to 

vote it down without explanation is deeply disturbing. We simply 

failed to carry out our oversight responsibility here. As Mr. Turner 

said in his dissenting views, we must do better.

BILL PASCRELL, Jr.

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