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[House Report 115-89]
[From the U.S. Government Publishing Office]

115th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {       115-89

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

 
   DIRECTING THE SECRETARY OF HOMELAND SECURITY TO TRANSMIT CERTAIN 
DOCUMENTS TO THE HOUSE OF REPRESENTATIVES RELATING TO THE DEPARTMENT OF 
  HOMELAND SECURITY'S RESEARCH, INTEGRATION, AND ANALYSIS ACTIVITIES 
   RELATING TO RUSSIAN GOVERNMENT INTERFERENCE IN THE ELECTIONS FOR 
                        FEDERAL OFFICE HELD 2016

                                _______
                                

   April 7, 2017.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr.McCaul, from the Committee on Homeland Security, submitted the 
                               following

                             ADVERSE REPORT

                             together with

                            DISSENTING VIEWS

                       [To accompany H. Res. 235]

    The Committee on Homeland Security, to whom was referred 
the resolution (H. Res. 235) directing the Secretary of 
Homeland Security to transmit certain documents to the House of 
Representatives relating to the Department of Homeland 
Security's research, integration, and analysis activities 
relating to Russian Government interference in the elections 
for Federal office held in 2016, having considered the same, 
reports unfavorably thereon without amendment and recommends 
that the resolution not be agreed to.

                                CONTENTS

                                                                   Page
      Purpose and Summary.............................................2
      Background and Need for Legislation.............................2
      Hearings........................................................2
      Committee Consideration.........................................2
      Committee Votes.................................................2
      Committee Oversight Findings....................................3
      New Budget Authority, Entitlement Authority, and Tax Expenditure3
      Congressional Budget Office Estimate............................3
      Statement of General Performance Goals and Objectives...........4
      Duplicative Federal Programs....................................4
      Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
      Benefits........................................................4
      Federal Mandates Statement......................................4
      Preemption Clarification........................................4
      Disclosure of Directed Rule Makings.............................4
      Advisory Committee Statement....................................4
      Applicability to Legislative Branch.............................4
      Section-by-Section Analysis of the Legislation..................5
      Changes in Existing Law Made by the Bill, as Reported...........5
      Supplemental, Minority, Additional, or Dissenting Views.........6

                          Purpose and Summary

    On March 30, 2017, Representative Thompson of Mississippi 
introduced H. Res. 235, a resolution of inquiry requesting the 
Secretary of Homeland Security to transmit certain documents to 
the House of Representatives relating to the Department of 
Homeland Security's research, integration, and analysis 
activities relating to Russian Government interference in the 
elections for Federal office held in 2016.

                  Background and Need for Legislation

    A resolution of inquiry is a House resolution directing the 
President or the head of an executive department to provide to 
the House specific information in the possession of the 
Administration.
    Clause 7 of House Rule XIII provides that, if properly 
drafted, a resolution of inquiry is provided special 
parliamentary status allowing the Committee to which the 
measure was referred to be discharged if the Committee has not 
reported the measure back to the House within 14 legislative 
days after is introduction.
    The Committee notes that the consideration of this 
resolution of inquiry is to have the Committee comply with Rule 
XIII, it does not affect the Committee's obligation or 
commitment to investigate and require documentation from the 
Administration on issues within the Committee's jurisdictional 
authorities.
    This Resolution of Inquiry is unnecessary. The Committee 
has been conducting oversight in this area and has received 
briefings by the Administration numerous times regarding 
cybersecurity and interference into our elections. Members were 
given the opportunity to question the Administrations regarding 
Russian interference in the elections on numerous occasions. 
The Committee will continue to conduct robust oversight over 
the Department and any threats to homeland security that fall 
within the Committee's jurisdiction.

                                Hearings

    No hearings were held on H. Res. 235 in the 115th Congress.

                        Committee Consideration

    The Committee met on April 5, 2017, to consider H. Res. 
235, and ordered the measure to be reported to the House of 
Representatives with an unfavorable recommendation, without 
amendment, by a recorded vote of 14 yeas and 12 nays. The 
Committee took the following actions:

                            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.
    The Committee on Homeland Security considered H. Res. 235 
on April 5, 2017, and took the following votes:

ROLL CALL NO. 6
 
H. Res. 235
 
 

On reporting H. Res. 235 to the House of Representatives with an unfavorable recommendation.
Agreed to: 14 yeas and 12 nays.
 

----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul,               Chair..............     X          Mr. Thompson of Mississippi, Ranking             X
                                                              Member.
Mr. Smith of Texas...........................                Ms. Jackson Lee......................            X
Mr. King of New York.........................                Mr. Langevin.........................            X
Mr. Rogers of Alabama........................     X          Mr. Richmond.........................            X
Mr. Duncan of South Carolina.................     X          Mr. Keating..........................            X
Mr. Marino...................................     X          Mr. Payne............................            X
Mr. Barletta.................................     X          Mr. Vela.............................            X
Mr. Perry....................................     X          Mrs. Watson Coleman..................            X
Mr. Katko....................................     X          Miss Rice of New York................            X
Mr. Hurd.....................................                Mr. Correa...........................            X
Ms. McSally..................................     X          Mrs. Demings.........................            X
Mr. Ratcliffe................................                Ms. Barragan.........................            X
Mr. Donovan..................................     X
Mr. Gallagher................................     X
Mr. Higgins of Louisiana.....................     X
Mr. Rutherford...............................     X
Mr. Garrett..................................     X
Mr. Fitzpatrick..............................     X
                                                                                                   -------------
                                                             Vote Total:                              14     12
----------------------------------------------------------------------------------------------------------------

                      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

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that had 
H. Res. 235 been adopted, it would result in no new or 
increased budget authority, entitlement authority, or tax 
expenditures or revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Committee 
estimates that this resolution of inquiry resolution would not 
result in any significant costs.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, had H. Res. 235 been adopted, it 
would have required the Secretary of Homeland Security to 
transmit specified copies of any document, record, memo, 
correspondence, or other communication or any portion of any 
such communication of the Department of Homeland Security (in a 
classified format, if necessary) to the U.S. House of 
Representatives.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H. Res. 235 as reported does not contain any provision 
that establishes or reauthorizes a program known to be 
duplicative of another Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this resolution, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Committee 
believes that no Federal mandates are included in this 
resolution.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H. Res. 235 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H. Res. 235, had it been 
adopted, would require no directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act would be 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

    This resolution, if adopted, would require the Secretary of 
Homeland Security provide to the House of Representatives 
copies of any document, record, memo, correspondence, or other 
communication or any portion of any such communication of the 
Department of Homeland Security (in a classified format, if 
necessary), that refers or relates to the following:
    1.   Research, integration, and analysis activities of the 
        Department relating to interference with the elections 
        for Federal office held in 2016 by or at the direction 
        of the Russian Government, as announced in a joint 
        statement with the Office of the Director of National 
        Intelligence on October 7, 2016, and December 29, 2016.
    2.   Dissemination by the Department of information 
        regarding interference with the elections for Federal 
        office held in 2016 by or at the direction of the 
        Russian Government, as announced in a joint statement 
        with the Office of the Director of National 
        Intelligence on October 7, 2016, and December 29, 2016.
    3.   Research into cyber compromises of emails of United 
        States persons and institutions by or at the direction 
        of the Russian Government to interfere with the 
        elections for Federal office held in 2016.
    4.   Integration, analysis, and dissemination of the Joint 
        Analysis Report detailing the tools and infrastructure 
        used by Russian intelligence services to compromise and 
        exploit networks and infrastructure associated with the 
        elections for Federal office held in 2016 issued by the 
        Secretary of Homeland Security and the Director of the 
        Federal Bureau of Investigation on December 29, 2016.

         Changes in Existing Law Made by the Bill, as Reported

    H. Res. 235 makes no changes to existing law.

        Supplemental, Minority, Additional, or Dissenting Views

                            DISSENTING VIEWS

    On behalf of Committee Democrats, I submit the following 
dissenting views regarding the Committee's 14 to 12 vote to 
order H. Res. 235 reported to the House of Representatives 
(House) with an unfavorable recommendation.
    I introduced H. Res. 235, which is cosponsored by all 
Committee Democrats, on March 30 to expedite the initiation of 
a Committee investigation into Russia's campaign to influence 
the outcome of the 2016 Presidential election. If enacted, the 
resolution would have compelled the Department of Homeland 
Security (DHS or Department) to provide the Committee with any 
documents in its possession regarding Russian Government 
interference in the election. The Committee needs to see the 
information that DHS collected, received, and analyzed to not 
only investigate the Russian interference campaign but also to 
ensure that the country is positioned to prevent future attacks 
on our electoral systems.
    The materials sought under the resolution, which included 
documents detailing ``the tools and infrastructure used by 
Russian intelligence services to compromise and exploit 
networks and infrastructure associated with the elections,'' 
not only informed the joint statements issued by DHS and the 
Office of the Director of National Intelligence on October 7, 
2016 and December 29, 2016 but also the Department's efforts to 
secure election infrastructure. In October 2016, DHS began 
offering assistance to States to help them secure their 
election systems, following the discovery that some voting 
systems had been scanned and probed by Russian-hired 
hackers.\1\ In January, DHS designated ``election 
infrastructure'' as ``critical infrastructure'' and prioritized 
assistance to States to secure this infrastructure.\2\
---------------------------------------------------------------------------
    \1\Joint Statement from DHS, ODNI on Election Security (Oct. 7, 
2016), https://www.dni.gov/index.php/newsroom/press-releases/215-press-
releases-2016/1423-joint-dhs-odni-election-security-
statement?tmpl=component&format=pdf.
    \2\Statement by Secretary Jeh Johnson on the Designation of 
Election Infrastructure as a Critical Infrastructure Subsector (January 
6, 2017), https://www.dhs.gov/news/2017/01/06/statement-secretary-
johnson-designation-election-infrastructure-critical.
---------------------------------------------------------------------------
    During consideration of H. Res. 235, Chairman Michael 
McCaul asserted that this resolution was ``unnecessary'' since 
Committee Members have received classified briefings from the 
Administration where Members could ask questions regarding the 
Russian interference campaign. One-off conversations in a 
classified space are no substitute for a comprehensive 
investigation in which Committee Members would be able to 
review materials generated by not only the Department but also 
its Federal partners, including the Federal Bureau of 
Investigation (FBI) and Intelligence Community. Such an 
investigation should seek to answer the following questions:
     What is the full scope of the hacking activities 
that the Russians took against our electoral systems?
     What, if any, operational impacts did these 
activities have on our electoral systems, including voter rolls 
and voting equipment?
     What information did DHS have to determine that 
the Russian activities did not directly impact vote tallying?
    At this time, the House Permanent Select Committee on 
Intelligence (HPSCI) is the only House Committee investigating 
the 2016 attack on our election by Russia. Putting aside that 
HPSCI has struggled to carry out a bipartisan investigation, it 
seems unlikely the answers that Committee Democrats seek 
regarding the security of election infrastructure would be 
addressed, even if HPSCI is able to produce a bipartisan 
report.
    Additionally, during consideration of H. Res. 235, Chairman 
McCaul argued that the use of a resolution of inquiry was not 
appropriate to conduct bipartisan oversight since the 
Department has been responsive and transparent. I take issue 
with this assertion. Since January, the timeliness and 
completeness of responses to oversight letters by the 
Department has significantly fallen off with letters submitted 
by Committee Democrats being met with responses that were 
neither punctual nor complete. In fact, at this time, there are 
at least ten letters that have received no responses.
    Furthermore, there is another significant advantage of the 
resolution of inquiry: it would avoid bureaucratic hurdles that 
would likely arise if the Committee sent a letter requesting 
that DHS furnish documents that originated outside of the 
Department. If this resolution was enacted into law, DHS would 
have to furnish the requested documents to the Committee 
regardless of whether one or more of its Federal partners 
objected.
    This Committee has a unique responsibility to conduct 
oversight into DHS' efforts to mitigate, respond to, and 
recover from attacks on critical infrastructure. Consequently, 
this Committee has an obligation to conduct oversight of the 
decision-making and actions that the Department took before, 
during, and after the election to protect this critical 
infrastructure. Further, if, as FBI Director James Comey and 
others have warned, the Russians will be back to try and 
interfere with future elections, we need to know what 
vulnerabilities exist so that they can be eliminated or 
mitigated.
    Approval of H. Res. 235 would have been the first step 
towards providing answers to the American people about Russia's 
attack on our democracy. As such, Committee Democrats are 
disappointed that our colleagues on the other side of the aisle 
rejected this measure, thereby inhibiting our efforts to 
jumpstart an investigation.

                                   Bennie G. Thompson.

                                  [all]
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