[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 408 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
S. RES. 408

 Expressing the sense of the Senate that Members of Congress and their 
    staffs, employees of the Executive Office of the President and 
executive branch agencies, and the President of the United States have 
   a duty to protect the identities of whistleblowers and safeguard 
                    whistleblowers from retaliation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 6, 2019

 Ms. Hirono (for herself, Mr. Schumer, Mr. Blumenthal, Mr. Van Hollen, 
 Mr. Casey, Mr. Markey, Mr. Brown, Mr. Wyden, Ms. Duckworth, Mr. King, 
  Mr. Sanders, Ms. Baldwin, Mrs. Murray, Mr. Booker, Ms. Harris, Mrs. 
Gillibrand, and Mr. Menendez) submitted the following resolution; which 
  was referred to the Committee on Homeland Security and Governmental 
                                Affairs

_______________________________________________________________________

                               RESOLUTION


 
 Expressing the sense of the Senate that Members of Congress and their 
    staffs, employees of the Executive Office of the President and 
executive branch agencies, and the President of the United States have 
   a duty to protect the identities of whistleblowers and safeguard 
                    whistleblowers from retaliation.

Whereas the United States has historically acknowledged a duty of individuals 
        who serve the United States to report misconduct, fraud, and violations 
        of law, as demonstrated by the first whistleblower legislation in the 
        United States, which was passed unanimously by the Continental Congress 
        on July 30, 1778, and read, ``Resolved, That it is the duty of all 
        persons in the service of the United States, as well as all other the 
        inhabitants thereof, to give the earliest information to Congress or 
        other proper authority of any misconduct, frauds or misdemeanors 
        committed by any officers or persons in the service of these states, 
        which may come to their knowledge'' (legislation of July 30, 1778, 
        reprinted in Journals of the Continental Congress, 1774-1789, ed. 
        Worthington C. Ford et al. (Washington, DC, 1904-37), 11:732);
Whereas the duty to report misconduct, fraud, and violations of law remains, 
        irrespective of the motives of a whistleblower, and, therefore, 
        impugning the motives of whistleblowers has no relevance to the public 
        interest in exposing and correcting improper or illegal conduct;
Whereas, for each of the past 7 years, including most recently in Senate 
        Resolution 194, 116th Congress, agreed to July 23, 2019, the Senate has 
        recognized that ``whistleblowers risk their careers, jobs, and 
        reputations by reporting waste, fraud, and abuse to the proper 
        authorities'' and ``serve the public interest by ensuring that the 
        United States remains an ethical and safe place'';
Whereas a whistleblower lawfully filed a complaint on August 12, 2019, with the 
        Inspector General of the Intelligence Community, who determined that the 
        complaint appeared ``credible'' and involved a matter of ``urgent 
        concern'' in accordance with section 17(d)(5) of the Central 
        Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)) (commonly known 
        as the ``Intelligence Community Whistleblower Protection Act of 1998''); 
        and
Whereas 90 former national security officials who served in Democratic and 
        Republican administrations wrote an open letter to the people of the 
        United States stating, ``Whatever one's view of the matters discussed in 
        the whistleblower's complaint, all Americans should be united in 
        demanding that all branches of our government and all outlets of our 
        media protect this whistleblower and his or her identity. Simply put, he 
        or she has done what our law demands; now he or she deserves our 
        protection.'': Now, therefore, be it
    Resolved, That the Senate--
            (1) appreciates employees and contractors, working on 
        behalf of the taxpayers of the United States, who ``blow the 
        whistle'' to the appropriate authorities by honest and good 
        faith reporting of misconduct, fraud, misdemeanors, and other 
        crimes;
            (2) acknowledges the contributions of whistleblowers to 
        combat abuse, fraud, and violations of laws and regulations of 
        the United States that have helped to safeguard the national 
        security of the United States, democracy, and the rule of law 
        in the United States; and
            (3) recognizes that the duty affirmed by Congress since the 
        founding of the United States to report misconduct, fraud, and 
        violations of law calls for a corresponding duty of Members of 
        Congress and their staff, employees of the Executive Office of 
        the President and executive branch agencies, and the President 
        of the United States to--
                    (A) protect the identities of whistleblowers who 
                report abuse, fraud, and violations of laws and 
                regulations of the United States; and
                    (B) safeguard whistleblowers from retaliation.
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