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[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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