[Congressional Record Volume 167, Number 163 (Tuesday, September 21, 2021)]
[Senate]
[Page S6592]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                NOTICE OF INTENT TO OBJECT TO PROCEEDING

  I, Senator Chuck Grassley, intend to object to proceeding to S. 2610, 
a bill to authorize appropriations for fiscal year 2022 for 
intelligence and intelligence-related activities of the United States 
Government, the Intelligence Community Management Account, and the 
Central Intelligence Agency Retirement and Disability Fund, and for 
other purposes, dated September 21, 2021, for the reasons stated in the 
Record.
  Mr. President, I intend to object to any unanimous consent request 
relating to the passage of the Intelligence Authorization Act for 
Fiscal Year 2021 (S. 2610), a bill to authorize appropriations for 
fiscal year 2022 for intelligence and intelligence-related activities 
of the United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes.
  Throughout my time in Congress, I have made every effort to promote 
greater awareness and flexibility for whistleblowers that wanted to 
bring their concerns to any member of the legislative branch. 
Unfortunately, this bill does the opposite, and it further codifies 
existing standard practices within the several intelligence agencies to 
limit whistleblower access. This bill would allow whistleblowers with 
intelligence equities to bring their concerns directly to Congress. But 
instead of allowing whistleblowers to bring their concerns to any 
Committee of jurisdiction, it limits the Committees a whistleblower can 
bring their concerns to only the House and Senate Intelligence 
Committees. If the goal of this legislation is expanding whistleblower 
protections, then whistleblowers should be given more avenues, not 
fewer. This means allowing them to report instances of wrongdoing to 
any committee of jurisdiction.
  I also have particular concerns that this legislation may 
inadvertently roll back protections for FBI employees that under 
current law, can bring their concerns to any member of Congress. Under 
the FBI Whistleblower Protection Enhancement Act, which Congress passed 
unanimously in 2016, FBI whistle blowers can bring their concerns 
directly to any member of Congress. This bill would instead require FBI 
whistleblowers with Intel equities to bring their concerns exclusively 
to the Intelligence Committees.
  In some instances this may be a good option for some whistleblowers, 
as well as the best way to protect national security. However, not all 
matters that are classified or that involve Intel equities are 
exclusively Intelligence Committee matters. There are issues that more 
appropriately fall under another committee's jurisdiction. For 
instance, a matter involving Foreign Intelligence Surveillance (FISA) 
Courts may be more appropriate for the Judiciary committee; likewise a 
National Security Agency (NSA) matter may be better heard by the Armed 
Services committees.
  This would align with SSCI's founding documents which make it clear 
that its jurisdiction does not supersede, or take away from, any other 
committee's jurisdiction.
  For these reasons, I request to be notified before any unanimous 
consent agreement is agreed to regarding S. 2610, as I intend to object 
unless the bill was joined with an amendment that would:
  1. Change the mandatory reporting to the House/Senate Select 
Committees on Intelligence to committees of Jurisdiction.
  2. Add a disclaimer that clarifies that, when codified, that this 
bill would not place additional restrictions on whistleblowers with 
intel related equities and that they retain all of their other rights 
under other federal whistleblower laws.

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