Mr. Chair, I rise to speak on House consideration of H.R. 6237, the ``Matthew Young Pollard Intelligence Authorization Act for Fiscal Year 2018 and 2019.'' I thank Chairman Nunes, Ranking Member…
Mr. Chair, I rise to speak on House consideration of H.R. 6237, the ``Matthew Young Pollard Intelligence Authorization Act for Fiscal Year 2018 and 2019.''
I thank Chairman Nunes, Ranking Member Schiff for their work to bring this bill before the full House of consideration.
Our nation's national security professionals require our support in words as well as deeds in the form of legislation like the authorization measure we are debating and sufficient funding to carry out the work of protecting our great nation from our enemies.
I offered several Jackson Lee Amendments for consideration under this bill.
I thank the Rules Committee for making in order Jackson Lee Amendment No. 3, designated as No. 33 on the Rules Committee roster for consideration for this bill.
This Jackson Lee Amendment, amends the Sense of Congress already in the bill on the importance of re-review of security clearances held by individuals by adding consideration of whether the security clearance holder's association or sympathy with persons or organizations that advocate, threaten, or use force or violence, or any other illegal or unconstitutional means, in an effort to prevent others from exercising their rights under the Constitution or laws of the United States or of any state, on account of race, religion, national origin, disability, or other impermissible factors.
In addition to this amendment, I offered three other Jackson Lee Amendments to H.R. 6237:
The first Jackson Lee Amendment is designated as No. 32 on the Rules Committee roster, and would have amended the Sense of Congress already in the bill that addresses the importance of conducting background checks for retention of security clearances or the issuance of new clearances to also consider an applicant's membership in a hate group and their participation in activities espoused by hate groups that involve violence or incitement of violence which disrupts civic life.
The second Jackson Lee Amendment is designated as No. 34, on the Rules Committee rosters, and would have amended the Sense of Congress already in the bill on the
importance of review of a security clearance by adding that a security clearance should not be held by an individual who actively engages in violent acts in the United States or its territories that target persons based upon their race, religion, ethnicity, national origin, sexual orientation, or gender identity for the purpose of inflicting physical harm or emotional distress with the objective of normalizing anti-social behavior towards vulnerable groups.
The third Jackson Lee Amendment is designated as No. 38 on the Rules Committee rosters, and would have required that the Director of National Intelligence conduct an assessment and report to Congress on the reliance of intelligence activities on civilian contractors to support Government activities, including intelligence analysis.
Each of these Jackson Lee Amendments sought to strengthen and improve the process of security clearance awards and oversight of contractors engaged in national security work.
The rights and dignity of all Americans must be held dear and protected from assaults that challenge the very freedom we value most.
It is our diversity and our capacity for tolerance of others who are different that is the essence of American exceptionalism.
As a nation we have come through many struggles and challenges to reach a point where we accept the diversity of our nation as a strength and not a weakness.
A period in our history that challenges the very foundation of our nation was framed by a speech given by Abraham Lincoln on the occasion of his nomination to become the Senator from the State of Illinois.
He said: ``A house divided against itself, cannot stand. I believe this government cannot endure, permanently, half slave and half free. I do not expect the Union to be dissolved--I do not expect the house to fall--but I do expect it will cease to be divided. It will become all one thing or all the other. Either the opponents of slavery will arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction; or its advocates will push it forward, till it shall become lawful in all the States, old as well as new--North as well as South.''
He was speaking of the pernicious national shame of slavery that led ultimately to the Civil War that cost more than 600,00 lives over the very question of human rights and human dignity for all persons.
Although the question of equality and justice for all has been asked and answered during pivotal moments in our nation's history today we are facing another challenge to our core beliefs.
I offered these Jackson Lee Amendments to establish that this Congress is not wavering in its commitment to protect the lives, liberties or freedom of Americans from those who seek to do them harm.
Specifically, four of the Jackson Lee Amendments were prompted by the actions of Mr. Miselis who has a security clearance and worked for Northrup Grumman, a major defense contractor, at the time he engaged in physical violence against persons protesting racism and white supremacy in Charlottesville, Virginia.
In May 2018, Northrup Grumman was informed of Mr. Miselis' membership in RAM and the violent assaults he initiated while he was in Charlottesville participating in activities in support of white supremacy, which were captured on video and in photos.
Mr. Miselis worked for a government contractor and held a security clearance authorizing him to work on projects that were of vital interest to our nation and its defense.
Northrup Grumman did not dismiss him until the story broke earlier this month with media reports on the violence Mr. Miselis engaged in at the white supremacists' rally held in Charlottesville, Virginia.
The violence of RAM members has been a hallmark of the group and its members.
The Anti-Defamation League describes RAM as a white supremacist group whose members believe they are fighting against a ``modern world'' corrupted by the ``destructive cultural influences'' of liberals, Jews, Muslims and non-white immigrants.
They refer to themselves as the ``premier MMA (mixed martial arts) club of the Alt-Right.''
RAM is characterized as operating like a street-fighting club.
Members actively train to do physical battle with their ideological foes, and have been involved in violent clashes during political rallies and demonstrations.
RAM members consider themselves to be part of the ``Alt Right.''
RAM's membership has deep roots in California's racist skinhead movement, and includes individuals who have faced serious criminal charges, including assault, robbery and weapon offenses.
RAM consists of several dozen loosely affiliated neo-Nazis and racist skinheads who were formerly known as the DIY Division, but rebranded themselves as the Rise Above Movement in the spring of 2017.
The FBI has opened an informal investigation into this group because of the violence associated with its members.
The United States is a nation of laws, which gives us the freedom to agree and most importantly disagree with not only each other but with our government.
But the limitations to the right to disagree can be best described by the ancient wisdom: ``Your right to swing your arms ends just where the other person's nose begins.''
There is a limit to the expression of free speech and the freedom to assemble and that limit is violence.
I know that the work of our intelligence community is difficult and often goes without notice by the American public.
I firmly believe that the actions of those who hold security clearances as they go about their lives should reflect the higher goals and values of nation.
To engage in violent acts against persons engaged in constitutionally protected activity on account of race, religion, color, gender, sexual orientation, language of original, immigration status, or creed is an affront to the framers of the Constitution for this great nation.
The actions of Mr. Miselis put at risk not only his career, but also the reputation of people who hold national security clearances.
The awarding of security clearances to contractors must be better managed and the consequences for involvement in activities that would be cause for dismissal from the armed services or any federal agency should not go unnoticed.
I am committed to the task of building the capacity and resources of the intelligence community to ensure that our nation's national security and national defense are all that they need to be.
I ask that my colleagues support the Jackson Lee Amendment made in order for consideration of H.R. 6237, and support the underlying bill.
Mr. Chairman, I have an amendment at the desk.
Mr. Chair, I thank the ranking member and the chairman for bringing this bill to the floor and working on some very important items, including diversity, outreach, HBCUs, issues of which I have worked on as well. So I thank them very much, because bringing the expertise of diversity to the national security and intelligence community can only make us stronger.
Mr. Chairman, I have just left the Judiciary Committee where we have been spending a period of time dealing with questions that wrap themselves around the intelligence community and the importance of preserving confidential sources and as well the importance of the intelligence community as it relates to the ongoing Russian investigation.
Equally important, of course, is to ensure that we have a community that is well-recognized to have security clearances that are not impacted by actions or views that would do harm to the American people.
My amendment adds to the sense of Congress in the bill that a re- review of a security clearance holder's credentials can be triggered by his or her association or empathy with persons or organizations that advocate, threaten, or use force or violence or any other illegal or unconstitutional means in an effort to prevent others from exercising their rights under the Constitution or laws of the United States or of any State, on account of race, religion, national origin, disability, or other impermissible factors, which maybe include LGBTQ, and whether one is, in essence, considered different. That is the basis of I think a very positive addition to this legislation.
Mr. Chair, I include in the Record an article published on July 6, 2018, by PBS FRONTLINE about Michael Miselis, an active member of the California-based Rise Above Movement, RAM, as a well-known violent white supremacist group.
He Is a Member of a Violent White Supremacist Group; So Why Is He
Working for a Defense Contractor With a Security Clearance?
This story is part of an ongoing collaboration between
ProPublica and FRONTLINE that includes documentaries
scheduled to begin on PBS in August 2018.
If you've witnessed or experienced hate crimes, harassment
or incidents of bias, you can use this form to send
information to FRONTLINE, ProPublica and other partners in
the Documenting Hate project.
Update, July 6, 2018: One day after being exposed as a
member of a violent white supremacist group, Michael Miselis
has lost his job as an aerospace engineer. In an email,
company spokesman Tim Paynter told ProPublica and FRONTLINE
that Miselis ``is no longer an employee of Northrop
Grumman.'' Paynter did not say whether Miselis was fired or
resigned from his position.
There likely isn't such a thing as a ``typical'' violent
white extremist in America in 2018. Still, Michael Miselis--a
University of California, Los Angeles doctoral student with a
U.S. government security clearance to work on sensitive
research for a prominent defense contractor--makes for a
pretty unusual case.
For months, ProPublica and FRONTLINE have been working to
identify the white supremacists at the center of violent
demonstrations across the country, including the infamous
Unite the Right rally last August in Charlottesville,
Virginia. The Rise Above Movement, a Southern California
group that expresses contempt for Muslims, Jews, and
immigrants, became a focus of that effort. ProPublica and
FRONTLINE were able to quickly identify a number of the
group's leaders, and find evidence that put them in the
middle of violence in Charlottesville and Berkeley,
California, among other places.
But one seeming member of RAM was harder to nail down. In
video shot in Charlottesville, a bearded, husky man is seen
in a red Make America Great Again hat with his hands wrapped
in tape that came in handy for the brawling that occurred
that day. During one encounter, the unidentified man in the
red hat pushed an African-American protester to the ground
and began pounding on him, video of the episode shows;
moments later, a known RAM member choked and bloodied a pair
of female counter-protesters. The possible RAM member also
had turned up in video shot during hours of combat at a Trump
rally in Berkeley, as well. Wearing protective goggles to
ward off pepper spray, the man fought alongside RAM members,
wrestling one protester to the ground and punching others.
Ultimately, ProPublica and FRONTLINE determined the man in
the violent footage was Miselis, a 29-year-old pursuing a
Ph.D. in UCLA's aerospace engineering program. Miselis was
identified using video footage and social media posts, and
reporters confirmed his identity in an encounter with him
outside his home. In interviews, a number of California law
enforcement officials said Miselis was a member of RAM.
In addition to his scholarly pursuits, Miselis works as a
systems engineer for Northrop Grumman, the giant defense
contractor with a plant in Redondo Beach, California.
When approached by ProPublica and FRONTLINE in front of his
home in Lawndale, a small city south of Los Angeles, Miselis
said he ``didn't know anything'' about what happened in
Charlottesville.
``I think you got the wrong guy,'' he said before driving
off in his car.
Miselis did not respond to questions about his involvement
with RAM. He did not answer additional questions sent by
email.
Several current and former employees at Northrop Grumman
told ProPublica and FRONTLINE that Miselis has received a
security clearance to work in a computer modeling and
simulation group within Northrop's aerospace division. Such
security clearances are typically issued in a two-step
process. The federal Office of Personnel Management conducts
an investigation into the individual. The agency's findings
are then forwarded to a special unit within the Department of
Defense, which makes the final determination on whether the
person should receive a clearance, a status that often allows
the person access to classified or otherwise sensitive
information concerning national security.
Public affairs officers at the Defense Department declined
to comment about Miselis and his security clearance. The
federal personnel management office referred questions
regarding Miselis to Northrop Grumman.
Northrop Grumman did not respond to several requests for
comment. However, interviews with current and former Northrop
employees, as well as an internal email, make clear the
company knows of Miselis' actions in Charlottesville and
involvement with RAM. Miselis informed his superiors about
his contact with reporters from ProPublica and FRONTLINE, as
is required by any individual who holds a higher-level
security clearance, the people said.
So far, it seems, the company has taken no action against
Miselis, who remains employed.
Keegan Hankes, an analyst with the Southern Poverty Law
Center who follows RAM closely, said he was surprised that
nothing has been done about Miselis' employment and security
clearance.
``It's ridiculous,'' Hankes said.
``They're openly motivated by racism,'' he added of RAM.
As ProPublica has previously reported, RAM first surfaced
publicly last spring and has quickly established itself as
one of the violent groups in the resurgent white supremacist
scene; members, who regularly train in boxing and martial
arts, have been documented engaging in a string of melees.
Founded in early 2017 by Robert Rundo, a Queens, New York,
native who served an 18-month prison sentence for stabbing a
rival gang member six times during a 2009 street fight, the
group's core membership is small--15 to 20 young men--but
capable of real menace, ProPublica's reporting has shown.
Rundo has recruited followers from the Orange County and
San Diego chapters of the Hammerskin Nation, the country's
largest Nazi skinhead gang, and one the authorities say has
been behind at least nine murders. One of the Hammerskins who
joined up with RAM, Matthew Branstetter, went to prison in
California in 2011 on hate crime charges for robbing and
assaulting a Jewish man in an Orange County park. The attack
left the victim with ``a concussion, broken jaw, eye socket
fracture, broken nose, cracked ribs, severe facial bruising,
and cuts and bruises to his body and face,'' according to a
news release issued by county prosecutors at the time. Other
RAM members have spent time in prison and Los Angeles County
jail on charges for robbery, firearms possession and other
offenses.
The FBI has taken notice. Several law enforcement officials
familiar with the bureau's work said agents have opened a
formal investigation into RAM. In a statement, the FBI said:
``While the FBI neither confirms nor denies the existence of
an investigation, our agents investigate activity which may
constitute a federal crime or pose a threat to national
security. Our focus is not on membership in particular groups
but on criminal activity. The FBI cannot initiate an
investigation based solely on an individual's race,
ethnicity, national origin, religion, or the exercise of
their First Amendment rights, and we remain committed to
protecting those rights for all Americans.''
Since last August, local prosecutors have brought charges
against a handful of participants in the Charlottesville
rally, successfully convicting several men so far, including
activists on both sides of the clashes. Now federal
authorities are targeting neo-Nazi James Alex Fields, the man
accused of killing counter-protester Heather Heyer and
injuring more than two dozen others. Federal prosecutors
recently filed 30 charges against Fields, including 28 hate
crime charges.
A native of Stockton, California, Miselis earned a
bachelor's of science degree in mechanical engineering from
UCLA in 2011. UCLA's website today lists Miselis as a Ph.D.
candidate in the engineering department's hypersonics and
computational aero-dynamics group. After FRONTLINE and
ProPublica began making inquiries about Miselis, the school
issued a brief statement saying only that he is technically
on leave from the doctoral program.
Miselis was clearly prepared for the unrest in Berkeley in
the spring of 2017. At the Trump rally he wore protective
goggles to ward off pepper spray or tear gas, taped his hands
up like a boxer, and wore a gray active-wear uniform, as did
several other RAM members that day. In video footage reviewed
by ProPublica and FRONTLINE, Miselis can be seen fighting
alongside other RAM members.
The event turned into a multi-hour street battle pitting
Trump supporters, including fascists and extreme-right
activists, against counter-protesters, some of them militant
anti-fascists. Police made 20 arrests, confiscating knives,
pepper spray, a stun gun, an axe-handle and many wooden dowel
rods, which were used as clubs by participants. At least
seven people were transported to the hospital for their
injuries. Rundo, RAM's founder, was arrested and detained for
assault on a police officer, but Alameda County District
Attorney Nancy O'Malley declined to file charges. ``We
determined we didn't have enough evidence to prove the
charges beyond a reasonable doubt,'' said Teresa Drenick, an
Alameda County deputy district attorney.
After the Berkeley rally, Miselis traveled across the
country to take part in the massive white supremacist
convergence in Charlottesville, where his activities were
photographed and recorded on video, both by professional
journalists and other people equipped with smart phones. At
the rally on Aug. 12, pictures taken by photojournalist Jason
Andrew show Miselis walking alongside two other RAM members
previously identified by ProPublica, Tom Gillen and Ben
Daley.
At roughly 10 a.m., Miselis and the other RAM members
confronted counter-protesters a few steps away from
Emancipation Park, where white supremacists had gathered
beneath a statue of Confederate Gen. Robert E. Lee.
Daley attacked two female counter-protesters, kicking and
punching them, a scene captured in video obtained by
ProPublica and FRONTLINE. He wrapped both hands around the
throat of one woman, throttling her until she fell to the
ground, blood seeping from a gash on her temple. The other
woman emerged from the incident with a laceration across her
forehead. On video, she screams as blood drips across her
face.
Miselis jumped into the fracas. In addition to FRONTLINE
and ProPublica, National Geographic produced video
documenting the brawl.
A sequence of pictures shot by photojournalist Edu Bayer,
who was on assignment for The New York Times, show Miselis
hurling what appears to be a can of soda at counter-
protesters. In one photo he flexes his biceps muscles in
celebration.
It's this sort of street combat that worries the SPLC's
Hankes. In his view, such brazen
criminal activity should be a red flag for both Northrop
Grumman and the Pentagon.
``I can't believe that participation in an organized white
supremacist group focused on street-level violence wouldn't
jeopardize your security clearance,'' Hankes said.
Mr. Chair, this gentleman was at Charlottesville speaking loudly, intimidating my fellow alumni and students, having gone to the University of Virginia School of Law. I spoke to the president and officers there, and the students were patently and conspicuously intimidated and frightened. But more importantly, this individual had a security clearance, and he worked for a defense contractor.
My amendment would ensure that the American people have strong national security, a strong intelligence community, but individuals who receive a clearance can receive it appropriately and that they themselves will not be a jeopardy to the citizens of the United States.
Mr. Chair, the Jackson Lee Amendment No. 3, designated as No. 33 on the Rules Committee rosters, amends the Sense of Congress already in the bill on the importance of re-review of security clearances held by individuals by adding consideration of whether the security clearance holder's association or sympathy with persons or organizations that advocate, threaten, or use force or violence, or any other illegal or unconstitutional means, in an effort to prevent others from exercising their rights under the Constitution or laws of the United States or of any state, on account of race, religion, national origin, disability, or other impermissible factors.
Mr. Miselis has a security clearance and worked for Northrup Grumman, a major defense contractor, at the time he engaged in physical violence against persons protesting racism and white supremacy in Charlottesville, Virginia.
In May 2018, Northrup Grumman was informed of Mr. Miselis' membership in RAM and the violent assaults he initiated while he was in Charlottesville participating in activities in support of white supremancy, which were captured on video and in photos.
Mr. Miselis worked for a government contractor and held a security clearance authorizing him to work on projects that were of vital interest to our nation and its defense.
Northrup Grumman did not dismiss him until the story broke earlier this month with media reports on the violence Mr. Miselis engaged in at white supremacists' rally held in Charlottesville, Virginia.
The violence of RAM members has been a hallmark of the group and its members.
The Anti-Defamation League describes RAM as a white supremacist group whose members believe they are fighting against a ``modern world'' corrupted by the ``destructive cultural influences'' of liberals, Jews, Muslims and non-white immigrants.
They refer to themselves as the ``premier MMA (mixed martial arts) club of the Alt-Right.''
RAM is characterized as operating like a street-fighting club.
Members actively train to do physical battle with their ideological foes, and have been involved in violent clashes during political rallies and demonstrations.
RAM members consider themselves to be part of the ``Alt-Right.''
RAM's membership has deep roots in California's racist skinhead movement, and includes individuals who have faced serious criminal charges, including assault, robbery and weapon offenses.
RAM consists of several dozen loosely affiliated neo-Nazis and racist skinheads who were formerly known as the DIY Division, but rebranded themselves as the Rise Above Movement in the spring of 2017.
The FBI has opened an informal investigation into this group because of the violence associated with its members.
The United States is a nation of laws, which gives us the freedom to agree and most importantly disagree with not only each other but with our government.
But the limitations to the right to disagree can be best described by the ancient wisdom: ``Your right to swing your arms ends just where the other person's nose begins.''
There is a limit to the expression of free speech and the freedom to assemble and that limit is violence.
The awarding of security clearances to contractors must be better managed and the consequences for involvement in activities that would be cause for dismissal from the armed services or any federal agency should not go unnoticed.
This Jackson Lee Amendment is an opportunity to make a clear statement to government contractors that the awarding of contracts that involve the security of our nation should not be taken lightly and that Congress will not tolerate the allocation of federal funds to contractors who employ persons who advocate or participate in acts against persons on account of their race, creed, religious beliefs, or gender who engage in constitutionally protected activities.
I ask that my colleagues support this Jackson Lee Amendment to H.R. 6237.
Mr. Chair, I ask my colleagues to support this amendment, and I reserve the balance of my time.
Mr. Chairman, how much time do I have remaining?
Mr. Chairman, I yield 1\1/4\ minutes to the gentleman from California (Mr. Schiff), the ranking member of the Intelligence Committee.
Mr. Chairman, RAM, the group that I have indicated in the letter I submitted for the Record, of which the gentleman in the article was a member of, is characterized as operating like a street fighting club. Members actively train to do physical battle with their ideological foes and have been involved in violent clashes during political rallies and demonstrations.
RAM members consider themselves a part of the alt-right. RAM's membership has deep roots in California, with the Skinheads and other individuals who face serious criminal charges. But more importantly, RAM consists of several dozen loosely affiliated neo-Nazi racist Skinheads.
It is not an emphasis on that group. This amendment is broadly structured to deal with protecting the security clearance process and the American people. I join with my colleagues in hoping and helping the intelligence community to be able to have the resources for the backlog of thousands and thousands of those seeking security clearance, so that they can be particular and astute to ensure that for the people who receive it, it is a benefit. It is, in essence, a gift. It is an honor to receive a security clearance.
The clearance that I and Members of Congress have, we hold with the highest respect and dignity. Therefore, if it is given to anyone, it should be given in that manner.
Mr. Chairman, I ask my colleagues to support the Jackson Lee amendment, and I yield back the balance of my time.