79–008 

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 


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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’’. 


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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. 


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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 


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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. 


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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 


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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 emails, 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. 

Æ 


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