“Whistleblowers are better off because these agencies are doing what they can to comply with the non-disclosure gag rules.”
Floor Remarks by Senator Chuck Grassley of Iowa
Chairman, Senate Judiciary Committee
“Anti-Gag Provision Compliance”
Thursday, January 8, 2026
I believe whistleblowing in the federal government should be protected and encouraged.
People in the executive branch of government that are working hard every day want the federal government to enforce the laws the way they’re written and spend money according to that law.
And when they see something that’s not right in government, they have a responsibility to blow the whistle and tell somebody, and hopefully they work with the immediate superiors, but oftentimes they don’t get any respect for the shortcomings of government that they expose.
Eventually, they come to Congress and, at that point, are covered by whistleblower protection legislation. And if we want to continue the good work that whistleblowers do to expose wrongdoing in government, particularly fraud, waste and abuse, we should make sure that whistleblower laws are faithfully followed.
One aspect of whistleblower protection is to make sure that everybody in government knows about whistleblowers and the protection that they can receive. One aspect of that is what we call “anti-gag rules” that need to be followed.
So, I’m here to speak about my efforts to ensure that the federal government complies with all whistleblower laws.
Unfortunately, the federal government has made efforts to gag whistleblowers before they can make legally protected disclosures, including to Congress.
That illegal conduct has happened no matter which political party controls the executive branch of government.
That’s why I spearheaded successful efforts to get what’s called “the anti-gag provisions” enacted. I worked for decades to make it law.
And I’ve worked to ensure both Republican and Democratic administrations comply with that law.
Congress has a constitutional responsibility to ensure the laws it passes are followed.
In eighth grade civics or high school government classes, our students study about the checks and balances of government. Congress not only has a responsibility to pass the laws, they have a responsibility to make sure that the executive branch executes those laws as well. We have not found that followed in practice for these anti-gag provisions.
The anti-gag provision requires all federal agency nondisclosure policies, forms or agreements to notify employees of their right to blow the whistle to Congress, to an Inspector General or to the Office of Special Counsel.
Appropriations laws also prohibit federal funds from being used to enforce non-compliant agreements.
Nevertheless, federal agencies amazingly still violate the anti-gag provision.
That failure not only has a chilling effect that discourages whistleblowers, it also happens to be illegal.
I’ve conducted long standing oversight to ensure that federal agencies comply with this law, and I’ve held them accountable when they fail to do so.
For example, in 2013, I asked 15 executive branch departments about the inclusion of the anti-gag provision in their nondisclosure agreements. At the time, only the Department of Treasury of the executive branch departments was in full compliance.
I forwarded my findings to the Office of Special Counsel. And in 2018, they issued updated guidance to all executive branch departments about including the anti-gag provision in their nondisclosure policies and agreements.
In March 2024, I wrote to 74 Inspectors General requesting they check on their parent agency’s compliance with the anti-gag provision.
To date, here are my findings from what I wrote to those 74 inspectors general:
45 Inspectors General reported they completed their review.
Of those 45, six Inspectors General reported their parent agency was in full compliance.
Of the 45, 22 Inspectors General said their parent agency made updates to comply with the law and six said those corrective actions are ongoing.
So, positive changes have been made.
Whistleblowers are better off because these agencies are doing what they can to comply with the non-disclosure gag rules.
But there are outstanding responses and, therefore, more work must be done.
This senator intends to ride herd on the government about making sure that whistleblowers are protected and get rid of gag policies.
One example for my investigation, ten Inspectors General reported their parent agency agreed to make changes but had yet to implement them.
Another seven of the Inspectors General who conducted a review responded that their parent agency was noncompliant but didn’t say if their agency agreed to update their policies.
Another seven Inspectors General responded they were taking the request under consideration or planning to conduct a future review.
It’s a no brainer they ought to take that review. And I’m asking them, what’s the hesitation?
So, I have a responsibility to follow up with them.
Another eight Inspectors General responded that the anti-gag law didn’t apply to their agency.
I’m looking into their position that they took in response to my letter and [ensuring] that their point that they aren’t covered by the anti-gag law is correct.
Fourteen Inspectors General gave the stiff arm to Congress, ignoring what we asked them to do and, as a result, they failed to provide a substantive response, which included Inspectors General for the Central Intelligence Agency and Export-Import Bank.
That failure to respond is a disgrace. Inspectors General ought to be the tip of the spear when it comes to transparency in government.
Transparency and accountability are not [partisan issues]. Federal agencies can’t conceal their wrongdoing behind illegal nondisclosure policies and related actions.
Whistleblowers are critical to exposing waste, fraud and abuse within government.
Government officials at the top don’t know everything that’s going on below them. That’s why whistleblowers ought to be listened to. They benefit the government, carrying out its constitutional responsibilities, and surely benefit the taxpayers.
I encourage my Republican and Democratic colleagues to join my efforts in ensuring all administrations, whether Republican or Democrat, comply with whistleblower laws.
Rest assured, my oversight will continue and so will my fight for whistleblowers.
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