[House Report 117-614]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-614
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RESOLUTION OF INQUIRY REQUESTING THE PRESIDENT TRANSMIT CERTAIN
DOCUMENTS IN HIS POSSESSION TO THE HOUSE OF REPRESENTATIVES RELATING TO
THE SURVEILLANCE OR MONITORING OF PRO-GUN, PRO-LIFE, OR CONSERVATIVE
GROUPS UNDER THE INTERNET COVERT OPERATIONS PROGRAM OPERATED BY THE
UNITED STATES POSTAL INSPECTION SERVICE
_______
December 12, 2022.--Referred to the House Calendar and ordered to be
printed
_______
Mrs. Carolyn B. Maloney of New York, from the Committee on Oversight
and Reform, submitted the following
ADVERSE REPORT
together with
MINORITY VIEWS
[To accompany H. Res. 1479]
The Committee on Oversight and Reform, to whom was referred
the resolution (H. Res. 1479) of inquiry requesting the
President transmit certain documents in his possession to the
House of Representatives relating to the surveillance or
monitoring of pro-gun, pro-life, or conservative groups under
the Internet Covert Operations Program operated by the United
States Postal Inspection Service, having considered the same,
reports unfavorably thereon with an amendment and recommends
that the resolution not be agreed to.
CONTENTS
Page
Summary and Purpose of Legislation............................... 2
Background and Need for Legislation.............................. 2
Section-by-Section Analysis...................................... 4
Legislative History.............................................. 4
Committee Consideration.......................................... 4
Roll Call Votes.................................................. 4
Explanation of Amendments........................................ 6
List of Related Committee Hearings............................... 6
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 6
Statement of General Performance Goals and Objectives............ 6
Application of Law to the Legislative Branch..................... 6
Duplication of Federal Programs.................................. 6
Disclosure of Directed Rule Makings.............................. 6
Federal Advisory Committee Act Statement......................... 6
Unfunded Mandates Reform Act Statement........................... 6
Earmark Identification........................................... 7
Committee Cost Estimate.......................................... 7
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 7
Changes in Existing Law Made by the Bill, as Reported............ 7
Minority Views................................................... 8
The amendment is as follows:
Strike all after the resolving clause and insert the
following:
That not later than 14 days after the adoption of this resolution, the
President is requested to transmit to the House of Representatives, in
a complete and unredacted form, a copy of any document, record, report,
memo, correspondence, or other communication either generated or
received by the office of the President that refers or relates to the
surveillance or monitoring occurring on or after January 20, 2021, of
any pro-gun, pro-life, or conservative group under the Internet Covert
Operations Program (commonly referred to as ``iCOP'') operated by the
United States Postal Inspection Service.
SUMMARY AND PURPOSE OF LEGISLATION
H. Res. 1479 directs the President to transmit certain
documents in his possession to the House of Representatives
relating to the surveillance or monitoring of pro-gun, pro-
life, or conservative groups under the Internet Covert
Operations Program (iCOP) operated by the United States Postal
Inspection Service (USPIS).
BACKGROUND AND NEED FOR LEGISLATION
The Committee opposes this resolution, which is a partisan
effort by Republicans to falsely insinuate that President Biden
has used USPIS to surveil conservative groups. While the
Committee has worked on a bipartisan basis to investigate
potential inappropriate surveillance of First Amendment
activity through iCOP, this resolution would not advance that
effort in any meaningful way. Instead, the resolution appears
designed to stir up partisan outrage without justification and
seeks documents from President Biden about a program dating
back to 2018 that was run out of the Postal Service--an
independent agency--under the leadership of a Republican
Postmaster General appointed during the Trump Administration.
In April 2021, press reports highlighted the activities of
USPIS's iCOP program and the program's surveillance of
Americans' social media posts related to protest activities
planned by both liberal and conservative groups. The reports
indicate that intelligence gathered by this surveillance was
shared with the Department of Homeland Security for wider
distribution to other law enforcement agencies.\1\
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\1\The Postal Service Is Running a ``Covert Operations Program''
That Monitors Americans' Social Media Posts, Yahoo! News (Apr. 21,
2021) (online at https://news.yahoo.com/the-postal-service-is-running-
a-running-a-covert-operations-program-that-monitors-americans-social-
media-posts-160022919.html?soc _src=social-sh&soc
_trk=tw&tsrc=twtr&guccounter=1&guce
_referrer=aHR0cHM6Ly93d3cuZGFpbHlrb3MuY29tLw&guce _referrer
_sig=AQAAAII04iks KrtUrRpPMHxqI7ZghLdm1ui08GyY IpXhifAq1v0IY
AC5sArs9mQU9TQX hAyb3DhbQvO7EMXeBvonA XypiWYmlhSq58I1-UvSTqRNR5
KLipgG5vqH8xWoUTaiEGr LcsE759BRWkWIdWKbSWGqlZ JFOBQViYfo0FU_gu).
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In response, the Committee held two bipartisan staff
briefings with the USPIS on April 23, 2021, and May 14, 2021,
to learn more about the iCOP program. These briefings raised
additional questions about the program and its use of open-
source data to gather intelligence on possible threats to
Postal Service facilities and personnel, including on protected
First Amendment activity.
On May 25, 2021, Chairwoman Carolyn B. Maloney and Ranking
Member James Comer sent a bipartisan letter to Tammy L.
Whitcomb, Inspector General of the Postal Service, expressing
concerns about the USPIS using iCOP to perform intelligence
operations on First Amendment activity. The bipartisan letter
requested that the Inspector General conduct an evaluation of
iCOP, specifically addressing whether the USPIS had the
authority to conduct online intelligence operations targeting
people in the United States, the impact of these operations,
the specific search methods and tools used by analysts, and any
internal processes in place to ensure accountability.\2\
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\2\Letter from Chairwoman Carolyn B. Maloney and Ranking Member
James Comer, Committee on Oversight and Reform, to Inspector General
Tammy L. Whitcomb, United States Postal Service, Office of Inspector
General (May 25, 2021) (online at https://oversight.house.gov/sites/
democrats.oversight.house.gov/files/2021-05-
25.CBM%20Comer%20to%20Whitcomb-USPS%20OIG%20re%20iCOP.pdf).
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The Inspector General accepted the Committee's request and
conducted a review of iCOP's activities from October 2018
through June 2021, covering 160 cases and 70 reports. The
Inspector General also conducted interviews and reviewed iCOP's
policies, procedures, and related contracts.
The IG released a report on March 25, 2022,\3\ which found
that, in some instances, iCOP's use of open-source intelligence
tools went beyond its law enforcement authority and identified
areas for improvement in iCOP's policies and procedures. The
report explained:
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\3\United States Postal Service, Office of Inspector General, U.S.
Postal Inspection Service's Online Analytical Support Activities (Mar.
25, 2022) (online at www.uspsoig.gov/sites/default/files/document-
library-files/2022/21-191-R22.pdf).
[C]ertain proactive searches iCOP conducted using an
open-source intelligence tool from February to April
2021 exceeded the Postal Inspection Service's law
enforcement authority. Furthermore, we could not
corroborate whether other work analysts completed from
October 2018 through June 2021 was legally authorized.
The Postal Inspection Service's activities must have an
identified connection to the mail, postal crimes, or
the security of Postal Service facilities or personnel
(postal nexus) prior to commencing. However, the
keywords used for iCOP in the proactive searches did
not include any terms with a postal nexus. Further, the
postal nexus was not documented in 122 requests and 18
reports due to a lack of requirements in the program's
procedures. These issues occurred because management
did not involve the Postal Inspection Service's Office
of Counsel in developing iCOP or its procedures.\4\
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\4\Id.
Postal Service management expressed disagreement with some
of the IG's findings and recommendations in the report but
agreed to undertake remedial measures to address the Inspector
General's recommendations, including conducting an internal
review of the program's activities and procedures.\5\
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\5\Id.
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Given that the Committee has already been pursuing
effective bipartisan oversight to address concern about iCOP
and that this resolution of inquiry is highly partisan,
misleading, and unlikely to yield any useful information, the
Committee recommends not considering this resolution further.
SECTION-BY-SECTION ANALYSIS
H. Res. 1479 directs the President to transmit certain
documents in his possession to the House of Representatives
relating to the surveillance or monitoring of pro-gun, pro-
life, or conservative groups under iCOP, operated by USPIS.
LEGISLATIVE HISTORY
H. Res. 1479 was introduced on November 16, 2022, by
Representative Andrew Clyde. The resolution was referred to the
Committee on Oversight and Reform.
COMMITTEE CONSIDERATION
On December 6, 2022, the Committee met in open session and,
with a quorum being present, considered H. Res. 1479. The
resolution was ordered reported unfavorably, as amended, on
December 6, 2022.
ROLL CALL VOTES
There was one roll call vote during consideration of H.
Res. 1479. Chairwoman Maloney's amendment in the nature of a
substitute was agreed to by voice vote. H. Res. 1479 was
ordered unfavorably reported to the House on a roll call vote
of 23 to 18.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
EXPLANATION OF AMENDMENTS
During Committee consideration of the bill, Chairwoman
Maloney offered an amendment in the nature of a substitute that
did not make substantive changes to the legislation.
LIST OF RELATED COMMITTEE HEARINGS
The Committee did not hold any hearings on this resolution.
STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the Background and Need for
Legislation section above.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the performance goals or
objectives of this resolution are to seek documents from the
Executive Office of the President concerning the iCOP program
of USPIS.
APPLICATION OF LAW TO THE LEGISLATIVE BRANCH
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this resolution to the
legislative branch where the bill relates to the terms and
conditions of employment or access to public services and
accommodations. This bill does not relate to employment or
access to public services and accommodations in the legislative
branch.
DUPLICATION OF FEDERAL PROGRAMS
In accordance with clause 2(c)(5) of rule XIII no provision
of this resolution establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
DISCLOSURE OF DIRECTED RULE MAKINGS
This resolution does not direct the completion of any
specific rule makings within the meaning of section 551 of
title 5, U.S.C.
FEDERAL ADVISORY COMMITTEE ACT
The Committee finds that this legislation does not direct
the establishment of advisory committees within the definition
of Section 5(b) of the appendix to title 5, U.S.C.
UNFUNDED MANDATES STATEMENT
The Committee finds that H. Res 1479 does not contain any
unfunded mandates.
EARMARK IDENTIFICATION
This resolution does not include any congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the House of
Representatives.
COMMITTEE ESTIMATE
The Committee finds that H. Res. 1479 would not affect
direct spending.
new budget authority and congressional budget office cost estimate
Pursuant to clause 3(c)(3) of rule XIII of the House of
Representatives, the Congressional Budget Office will not
produce a cost estimate as the resolution does not have the
force of law.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
The resolution makes no change to existing law.
MINORITY VIEWS
Committee Republicans support House Resolution 1479. House
Republicans are seeking more information on whether the United
States Postal Inspection Service's (USPIS) Internet Covert
Operations Program (iCOP) inappropriately and specifically
targeted Americans for advocating 2nd Amendment, pro-life, or
other conservative viewpoints, and if such activity was
coordinated with the President or other federal agencies.
I. CONDUCTING OVERSIGHT OVER THE U.S. POSTAL INSPECTION SERVICE SOCIAL
MEDIA MONITORING ACTIVITIES IS A PRIORITY OF THE HOUSE OVERSIGHT
COMMITTEE
In April 2021, Americans--and Members of Congress--were
alarmed by news reports claiming the Postal Service was
monitoring their social media activity.\1\ In a bipartisan
briefing to Committee staff in April 2021, the U.S. Postal
Inspection Service (USPIS) explained that they did monitor
social media as part of their Internet Covert Operations
Program (iCOP). The purpose was to identify potential areas of
social unrest or violence--such as the Black Lives Matter riots
in the spring and summer of 2021--in order to protect postal
workers and property. USPIS also used the program to identify
threats against the life of Postmaster General DeJoy resulting
from the inflamed and baseless rhetoric of Democrats who
accused him of trying to steal the 2020 election by upending
postal operations.
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\1\Natalie O'Neill, USPS admits to spying on Americans' social
media posts, NEW YORK POST (Apr. 28, 2021). See also, Jana Winter, The
Postal Service is running a `covert operations program' that monitors
Americans' social media posts. YAHOONEWS (Apr. 21, 2021).
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Concerns about iCOP have arisen again due to recent reports
the program was used to specifically target conservative groups
and events, such as 2nd Amendment rallies and pro-life
marches.\2\ USPIS is only authorized to conduct activities
directly related to the mail or postal employees and property.
An inspector general report requested by Ranking Member Comer
and Chairwoman Maloney in 2021 found that the iCOP program
exceeded that authority in some cases.\3\
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\2\Ryan Lovelace, Postal Service surveilled protesters with pro-
gun, anti-Biden agendas, WASHINGTON TIMES (Sep. 22, 2022).
\3\Letter from Hon. Carolyn Maloney, Chairwoman, and Hon. James
Comer, Ranking Member, H. Comm. on Oversight & Reform, to Hon. Tammy
Whitcomb, Inspector General, U.S. Postal Service (May 25, 2021). See
also, Audit Report, U.S. Postal Inspection Service's Online Analytical
Support Activities, March 25, 2022 (Report Number 21-191-R22).
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While Committee Republicans appreciate the need to protect
postal workers and property, it is also important to both
maintain public confidence in the Postal Service and protect
the civil liberties of all Americans. The U.S. House must
determine whether particular groups were targeted over others.
The documents covered by this resolution of inquiry will help
determine if this was the case or not.
II. CONCLUSION
Committee Republicans support H. Res. 1479 which would help
the U.S. House of Representative conduct necessary oversight
over the United States Postal Inspection Service's (USPIS)
Internet Covert Operations Program (iCOP). It is important to
know whether the USPIS is, in fact, specifically targeting
conservative groups, and the documents covered by this
resolution of inquiry will help determine whether or not this
is the case.
James Comer,
Ranking Member, Committee on
Oversight and Reform.
[all]