[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 576 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. RES. 576
Expressing the sense of the House of Representatives with respect to
the whistleblower complaint of August 12, 2019, made to the Inspector
General of the Intelligence Community.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 24, 2019
Mr. Schiff (for himself, Mr. Cicilline, Mr. Soto, Mr. Quigley, Mrs.
Demings, Mr. Welch, Mr. Himes, Ms. Sewell of Alabama, Mr. Heck, Mr.
Carson of Indiana, Mr. Sean Patrick Maloney of New York, Mr. Castro of
Texas, Mr. Krishnamoorthi, and Mr. Swalwell of California) submitted
the following resolution; which was referred to the Permanent Select
Committee on Intelligence
_______________________________________________________________________
RESOLUTION
Expressing the sense of the House of Representatives with respect to
the whistleblower complaint of August 12, 2019, made to the Inspector
General of the Intelligence Community.
Whereas the Permanent Select Committee on Intelligence of the House of
Representatives (in this resolution referred to as the ``Committee'') is
charged with oversight of the intelligence community of the United
States and all intelligence-related activities and programs of the
Federal Government;
Whereas Federal statutes set forth a procedure for employees, assignees,
detailees, and contractors of an element of the intelligence community
to disclose classified information related to ``urgent concerns'' to the
Office of the Inspector General of the Intelligence Community (in this
resolution referred to as the ``Inspector General'') and to the
congressional intelligence committees (as defined by section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)) in a manner that
protects whistleblowers from reprisal and threats of reprisal while also
protecting the national security of the United States, including
pursuant to section 103H(k)(5) of such Act (50 U.S.C. 3033(k)(5)) and
section 8H of the Inspector General Act of 1978 (5 U.S.C. App.);
Whereas an ``urgent concern'' is defined by section 103H(k)(5)(G)(i) of the
National Security Act of 1947 (50 U.S.C. 3033(k)(5)(G)(i)) to include
``[a] serious or flagrant problem, abuse, violation of law or Executive
order, or deficiency relating to the funding, administration, or
operation of an intelligence activity within the responsibility and
authority of the Director of National Intelligence involving classified
information, but does not include differences of opinions concerning
public policy matters'';
Whereas since at least the establishment of the Inspector General in 2010, the
Director of National Intelligence and the Inspector General have never
withheld from the Committee a whistleblower complaint under section
103H(k)(5) of the National Security Act of 1947, regardless of whether
the complaint was determined to be credible or satisfy the definition of
``urgent concern'';
Whereas, on August 12, 2019, the Inspector General received a complaint (in this
resolution referred to as the ``Complaint'') from an employee, assignee,
detailee, or contractor of an element of the intelligence community (in
this resolution referred to as the ``Whistleblower'') regarding an
``urgent concern'' that the Whistleblower intended to report to
Congress;
Whereas the independent Inspector General, within the 14-day period required by
section 103H(k)(5)(B) of the National Security Act of 1947 (50 U.S.C.
3033(k)(5)(B)), conducted a preliminary review to determine whether the
information alleged in the Complaint appeared credible and whether it
met the statutory definition of an ``urgent concern'';
Whereas the Inspector General concluded that the Complaint appeared credible and
that it met the statutory definition of an ``urgent concern'';
Whereas, on August 26, 2019, as required by section 103H(k)(5)(B) of the
National Security Act of 1947, the Inspector General transmitted the
Complaint, accompanying materials, and the Inspector General's
determination that the Complaint was a credible urgent concern, to the
Acting Director of National Intelligence (in this resolution referred to
as the ``Acting Director'');
Whereas section 103H(k)(5)(C) of the National Security Act of 1947 (50 U.S.C.
3033(k)(5)(C)) states unambiguously that the Director of National
Intelligence ``shall, within 7 calendar days of such receipt, forward
such transmittal to the congressional intelligence committees, together
with any comments the Director considers appropriate'';
Whereas contrary to section 103H(k)(5)(C) of the National Security Act of 1947,
the Acting Director, in consultation with the Department of Justice,
which conducted its own fact-specific analysis, attempted to overrule
the independent Inspector General's determination and the law, claiming
that the Complaint did not meet the statutory definition of an ``urgent
concern'' because the Complaint did not ``relate to the funding,
administration or operation of an intelligence activity within the
responsibility and supervision of the DNI'' and that no statute--
including statutes governing whistleblowers--requires disclosure of the
Complaint to the congressional intelligence committees;
Whereas the Acting Director has breached his obligations under section
103H(k)(5)(C) of the National Security Act of 1947, and potentially
other statutes, by refusing to transmit the Complaint to the
congressional intelligence committees by no later than September 2,
2019;
Whereas the Inspector General, in explaining his disagreement with the Acting
Director to the congressional intelligence committees, and his view as
to why the Complaint readily met the definition of an ``urgent
concern'', observed that the Complaint ``relates to one of the most
significant and important of the DNI's responsibilities to the American
people'';
Whereas the Trump Administration's interpretation of section 103H(k)(5) of the
National Security Act of 1947 represents a stark and unprecedented break
with how whistleblower procedures have been interpreted in the past,
raises serious and related questions about the application of Federal
laws relating to whistleblowers, and undermines the Committee's
statutory oversight over elements of the intelligence community and
intelligence-related activities and programs of the Federal Government;
Whereas, on September 9, 2019, the Inspector General notified the Committee of
the Complaint and the Acting Director's refusal to transmit the
Complaint to the congressional intelligence committees;
Whereas, on September 13, 2019, in accordance with the Rules of Procedure of the
Committee and the Rules of the House of Representatives for the 116th
Congress, the Committee served a subpoena (in this resolution referred
to as the ``Subpoena'') to the Acting Director to produce to the
Committee the Complaint and accompanying materials, the Inspector
General's credibility determination, and any and all records related to
the decision to withhold the Complaint from the Committee;
Whereas the Acting Director, notwithstanding the Subpoena and in violation of a
clear statutory command, continues to refuse to transmit the Complaint
and the Inspector General's determination to the Committee;
Whereas notwithstanding a specific request from the Inspector General, the
Acting Director has refused to provide direction to the Whistleblower,
through the Inspector General, on how to contact the congressional
intelligence committees directly ``in accordance with appropriate
security practices'' pursuant to clauses (i) and (ii) of section
103H(k)(5)(D) of the National Security Act of 1947 (50 U.S.C.
3033(k)(5)(D)(i) and (ii));
Whereas, as a direct result of the Acting Director's violation of a clear and
lawful statutory directive, the Committee is not fully and currently
informed of alleged significant problems and deficiencies relating to
programs and activities within the responsibility and authority of the
Director of National Intelligence, and the Committee is unable to
exercise its constitutionally mandated oversight, investigative, and
legislative responsibilities;
Whereas a Washington Post article on September 20, 2019, reported that the White
House Counsel ``has been engaged in the matter since shortly after the
whistleblower action surfaced . . . helping to identify legal obstacles
to the sharing of information that could be politically damaging to
[President Donald J.] Trump'';
Whereas only days after the Director of National Intelligence assured Congress
that the Whistleblower would be protected against ``any retaliation or
adverse consequence'', President Donald J. Trump himself publicly has
derided the Whistleblower as ``a political hack job'' and a ``partisan
person'' and questioned whether the Whistleblower is ``on our Country's
side''; and
Whereas allegations of such unprecedented and highly inappropriate efforts by
President Donald J. Trump, and White House and other senior officials of
the Trump Administration to--
(1) discredit the Whistleblower and other lawful whistleblowers;
(2) influence the Acting Director to violate a clear statutory command;
and
(3) not comply in full with the Subpoena,
embody a serious breach of the obligation imposed by article II, section
3 of the Constitution of the United States on the President and the
subordinates of the President to ``take care that the Laws be faithfully
executed'': Now, therefore, be it
Resolved, That it is the sense of the House of Representatives
that--
(1) the Acting Director immediately must remedy the
executive branch's continuing violation of section 103H(k)(5)
of the National Security Act of 1947 (50 U.S.C. 3033(k)(5)) and
related provisions of law--
(A) by forwarding the Complaint, accompanying
materials, the Inspector General's determination that
the Complaint was a credible urgent concern, and any
comments the Acting Director considers appropriate, to
the congressional intelligence committees; and
(B) by providing to the Whistleblower, through the
Inspector General, any necessary direction on how to
contact the congressional intelligence committees
directly and in accordance with appropriate security
practices;
(2) the Acting Director immediately must comply in full
with the Subpoena;
(3) the Acting Director immediately must take affirmative,
public steps to ensure that the Whistleblower and any other
person who may have knowledge with respect to the allegations
contained in the Complaint, are fully protected from any and
all reprisal or threats of reprisal, as a consequence of such
reporting;
(4) the Acting Director, the Department of Justice, and the
White House immediately must preserve all records, documents,
communications, and other information, regardless of form,
which may refer or relate to allegations advanced by the
Complaint, including the decision to withhold the Complaint
from the congressional intelligence committees; and
(5) President Donald J. Trump, his associates, and senior
officials of the Administration immediately must cease their
public efforts to discredit the Whistleblower, as well as
others who may have knowledge with respect to the allegations
contained in the Complaint.
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