,,iv #aafth ,,congress #ast ,session ,h4 ,,res4 #egf ,,in ,,the ,,house ,,of ,,representatives ,september #bd1 #bjai,mr4 ,schiff 7for himself1 ,mr4 ,cicilline1 ,mr4 ,soto1 ,mr4 ,quigley1 ,mrs4 ,demings1 ,mr4 ,welch1 ,mr4 ,himes1 ,ms4 ,sewell of ,alabama1 ,mr4 ,heck1 ,mr4 ,carson of ,indiana1 ,mr4 ,sean ,patrick ,maloney of ,new ,york1 ,mr4 ,castro of ,texas1 ,mr4 ,krishnamoorthi1 and ,mr4 ,swalwell of ,california7 submitted the following resolution2 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 #ab1 #bjai1 made to the ,inspector ,general of the ,intelligence ,community4 ,whereas the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives 7in this resolution referred to as the ,committee7 is charged with oversight of the intelligence community of the ,united ,states and all intelligence-related activities and programs of the ,federal ,government2 ,whereas ,federal statutes set forth a procedure for employees1 assignees1 detailees1 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 7in this resolution referred to as the ,inspector ,general7 and to the congressional intelligence committees 7as defined by section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc77 in a manner that protects whistleblowers from reprisal and threats of reprisal while also protecting the national security of the ,united ,states1 including pursuant to section #ajc;,h7k77#e7 of such ,act 7#ej ,u4,s4,c4 #cjcc7k77#e77 and section #h;,h of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app472 ,whereas an urgent concern is defined by section #ajc;,h7k77#e77;,g77i7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcc7k77#e77;,g77i77 to include a serious or flagrant problem1 abuse1 violation of law or ,executive order1 or deficiency relating to the funding1 administration1 or operation of an intelligence activity within the responsibility and authority of the ,director of ,national ,intelligence involving classified information1 but does not include differences of opinions concerning public policy matters2 ,whereas since at least the establishment of the ,inspector ,general in #bjaj1 the ,director of ,national ,intelligence and the ,inspector ,general have never withheld from the ,committee a whistleblower complaint under section #ajc;,h7k77#e7 of the ,national ,security ,act of #aidg1 regardless of whether the complaint was determined to be credible or satisfy the definition of urgent concern2 ,whereas1 on ,august #ab1 #bjai1 the ,inspector ,general received a complaint 7in this resolution referred to as the ,complaint7 from an employee1 assignee1 detailee1 or contractor of an element of the intelligence community 7in this resolution referred to as the ,whistleblower7 regarding an urgent concern that the ,whistleblower intended to report to ,congress2 ,whereas the independent ,inspector ,general1 within the #ad-;day period required by section #ajc;,h7k77#e77;,b7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcc7k77#e77;,b771 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 concern2 ,whereas the ,inspector ,general concluded that the ,complaint appeared credible and that it met the statutory definition of an urgent concern2 ,whereas1 on ,august #bf1 #bjai1 as required by section #ajc;,h7k77#e77;,b7 of the ,national ,security ,act of #aidg1 the ,inspector ,general transmitted the ,complaint1 accompanying materials1 and the ,inspector ,general's determination that the ,complaint was a credible urgent concern1 to the ,acting ,director of ,national ,intelligence 7in this resolution referred to as the ,acting ,director72 ,whereas section #ajc;,h7k77#e77;,c7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcc7k77#e77;,c77 states unambiguously that the ,director of ,national ,intelligence shall1 within #g calendar days of such receipt1 forward such transmittal to the congressional intelligence committees1 together with any comments the ,director considers appropriate2 ,whereas contrary to section #ajc;,h7k77#e77;,c7 of the ,national ,security ,act of #aidg1 the ,acting ,director1 in consultation with the ,department of ,justice1 which conducted its own fact-specific analysis1 attempted to overrule the independent ,inspector ,general's determination and the law1 claiming that the ,complaint did not meet the statutory definition of an urgent concern because the ,complaint did not relate to the funding1 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 committees2 ,whereas the ,acting ,director has breached his obligations under section #ajc;,h7k77#e77;,c7 of the ,national ,security ,act of #aidg1 and potentially other statutes1 by refusing to transmit the ,complaint to the congressional intelligence committees by no later than ,september #b1 #bjai2 ,whereas the ,inspector ,general1 in explaining his disagreement with the ,acting ,director to the congressional intelligence committees1 and his view as to why the ,complaint readily met the definition of an urgent concern1 observed that the ,complaint relates to one of the most significant and important of the ,,dni's responsibilities to the ,american people2 ,whereas the ,trump ,administration's interpretation of section #ajc;,h7k77#e7 of the ,national ,security ,act of #aidg represents a stark and unprecedented break with how whistleblower procedures have been interpreted in the past1 raises serious and related questions about the application of ,federal laws relating to whistleblowers1 and undermines the ,committee's statutory oversight over elements of the intelligence community and intelligence-related activities and programs of the ,federal ,government2 ,whereas1 on ,september #i1 #bjai1 the ,inspector ,general notified the ,committee of the ,complaint and the ,acting ,director's refusal to transmit the ,complaint to the congressional intelligence committees2 ,whereas1 on ,september #ac1 #bjai1 in accordance with the ,rules of ,procedure of the ,committee and the ,rules of the ,house of ,representatives for the #aafth ,congress1 the ,committee served a subpoena 7in this resolution referred to as the ,subpoena7 to the ,acting ,director to produce to the ,committee the ,complaint and accompanying materials1 the ,inspector ,general's credibility determination1 and any and all records related to the decision to withhold the ,complaint from the ,committee2 ,whereas the ,acting ,director1 notwithstanding the ,subpoena and in violation of a clear statutory command1 continues to refuse to transmit the ,complaint and the ,inspector ,general's determination to the ,committee2 ,whereas notwithstanding a specific request from the ,inspector ,general1 the ,acting ,director has refused to provide direction to the ,whistleblower1 through the ,inspector ,general1 on how to contact the congressional intelligence committees directly in accordance with appropriate security practices pursuant to clauses 7i7 and 7ii7 of section #ajc;,h7k77#e77;,d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcc7k77#e77;,d77i7 and 7ii772 ,whereas1 as a direct result of the ,acting ,director's violation of a clear and lawful statutory directive1 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 ,intelligence1 and the ,committee is unable to exercise its constitutionally mandated oversight1 investigative1 and legislative responsibilities2 ,whereas a ,washington ,post article on ,september #bj1 #bjai1 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 ,j4 ,trump2 ,whereas only days after the ,director of ,national ,intelligence assured ,congress that the ,whistleblower would be protected against any retaliation or adverse consequence1 ,president ,donald ,j4 ,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 side2 and ,whereas allegations of such unprecedented and highly inappropriate efforts by ,president ,donald ,j4 ,trump1 and ,white ,house and other senior officials of the ,trump ,administration to-- 7#a7 discredit the ,whistleblower and other lawful whistleblowers2 7#b7 influence the ,acting ,director to violate a clear statutory command2 and 7#c7 not comply in full with the ,subpoena1 embody a serious breach of the obligation imposed by article ,,ii1 section #c of the ,constitution of the ,united ,states on the ,president and the subordinates of the ,president to take care that the ,laws be faithfully executed3 ,now1 therefore1 be it ,that it is the sense of the ,house of ,representatives that-- 7#a7 the ,acting ,director immediately must remedy the executive branch's continuing violation of section #ajc;,h7k77#e7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcc7k77#e77 and related provisions of law-- 7,a7 by forwarding the ,complaint1 accompanying materials1 the ,inspector ,general's determination that the ,complaint was a credible urgent concern1 and any comments the ,acting ,director considers appropriate1 to the congressional intelligence committees2 and 7,b7 by providing to the ,whistleblower1 through the ,inspector ,general1 any necessary direction on how to contact the congressional intelligence committees directly and in accordance with appropriate security practices2 7#b7 the ,acting ,director immediately must comply in full with the ,subpoena2 7#c7 the ,acting ,director immediately must take affirmative1 public steps to ensure that the ,whistleblower and any other person who may have knowledge with respect to the allegations contained in the ,complaint1 are fully protected from any and all reprisal or threats of reprisal1 as a consequence of such reporting2 7#d7 the ,acting ,director1 the ,department of ,justice1 and the ,white ,house immediately must preserve all records1 documents1 communications1 and other information1 regardless of form1 which may refer or relate to allegations advanced by the ,complaint1 including the decision to withhold the ,complaint from the congressional intelligence committees2 and 7#e7 ,president ,donald ,j4 ,trump1 his associates1 and senior officials of the ,administration immediately must cease their public efforts to discredit the ,whistleblower1 as well as others who may have knowledge with respect to the allegations contained in the ,complaint4