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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 576 Introduced in House (IH)]

<DOC>

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.
                                 <all>
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