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Floor Speech

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Mr. GRASSLEY. Mr. President, I believe whistleblowing in the Federal Government should be protected and encouraged. People in the executive branch of government that work in there every day want the Federal Government to enforce the laws the way they are written and spend money according to that law.

And when they see something that is not right in government, they have a responsibility to blow the whistle and tell somebody and, hopefully, they work with the immediate superiors, but a lot of times 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 the 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 am here to speak about my efforts to ensure that the Federal Government complies with all whistleblower laws. Unfortunately, the government has made efforts to gag whistleblowers before they can make legally protected disclosures, including to Congress.

The illegal conduct has happened no matter which political party controls the executive branch of government. That is why I spearheaded successful efforts to get what is called anti-gag provisions enacted.

I worked for decades to make it the law. And I have worked to ensure that 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 noncompliant agreements.

Nevertheless, Federal Agencies, amazingly, still violate the anti-gag provisions. That failure not only has a chilling effect that discourages whistleblowers, it also happens to be illegal. I have conducted longstanding oversight to ensure that Federal Agencies comply with this law, and I have held them accountable when they failed to do so.

For example, 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, out of those 15 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 anti-gag provisions in their nondisclosure policies and agreements.

In March of 2024, I wrote to 74 inspectors general requesting they check on their parent Agencies' compliance with the anti-gag provisions. 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, 6 inspectors general reported their parent Agency was in full compliance. Of that 45, 22 inspectors general said their parent Agency made updates to comply with the law, and 6 said that 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 nondisclosure 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 from my investigation, 10 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 they didn't say if their Agency agreed to update their policies. Another seven inspectors generals responded that they were taking the requests under consideration or planning to conduct a future review.

It is a no-brainer that they ought to take that review, and I am asking them: What is 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. So I am looking into their position that they took in response to my letter and ensure that their point that they aren't covered by the anti-gag law is correct.

Fourteen inspectors general gave the stiff arm to those of us in Congress, ignoring what we asked for them to do, and, as a result, they failed to provide a substantive response, which included inspectors general for the Central Intelligence Agency and the 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 a partisan issue. 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 is going on below them. That is why whistleblowers ought to be listened to. They benefit the government carrying out its constitutional responsibilities, and it surely benefits the taxpayers.

I encourage my Republican and Democrat colleagues to join in my efforts to ensure 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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