[Congressional Record Volume 165, Number 177 (Wednesday, November 6, 2019)]
[Senate]
[Page S6451]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 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

  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:

                              S. Res. 408

       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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