[Congressional Record Volume 172, Number 5 (Thursday, January 8, 2026)]
[Senate]
[Pages S104-S105]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                             Whistleblowers

  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

[[Page S105]]

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.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Washington.