Grassley Takes Action to Ensure Federal Employees Know Their Whistleblower Rights

Grassley Takes Action to Ensure Federal Employees Know Their Whistleblower Rights

"Legally protected whistleblower disclosures aren't leaks."

WASHINGTON - In a speech on the Senate floor today, Sen. Chuck Grassley (R-Iowa) outlined his concerns about the anti-gag provision of a nondisclosure agreement (NDA) form proposed by the Office of Personnel Management (OPM) for all federal employees. Grassley sent a letter to OPM Director Scott Kupor about the provision, reiterating that legally protected whistleblower disclosures are not unauthorized disclosures or "leaks."

As co-founder and co-chair of the Senate Whistleblower Protection Caucus, Grassley spearheaded efforts to get anti-gag provisions signed into law. They require federal agencies to notify employees of their right to blow the whistle to Congress, an Inspector General or the Office of Special Counsel.

In his remarks, Grassley called on OPM to update the proposed NDA form to include the full anti-gag provision as required by law, not the current partial version. He also urged OPM to move the section toward the end of the agreement, like other government nondisclosure agreements, ensuring employees can see they're not signing away their whistleblower rights as they sign.

Below are Grassley's floor remarks, as prepared for delivery:

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Today, I've come to the floor to speak about one of my favorite topics. Protecting whistleblowers.

I've conducted long standing oversight to ensure the federal government complies with all whistleblower laws.

Unfortunately, elements of the federal government - whether Republican or Democrat - have made efforts to silence whistleblowers through illegal nondisclosure agreements.

Let's not forget that in addition to federal statute, a fundamental precept of whistleblowing is the First Amendment.

That's why I spearheaded successful efforts to get "the anti-gag provision" enacted. I worked for decades to make it law.

The anti-gag provision requires all federal agency nondisclosure policies, forms or agreements to notify employees of their right to blow the whistle to: (1) Congress (2) an Inspector General, or (3) the Office of Special Counsel.

The failure to comply with the law isn't only a chilling effect that discourages whistleblowers, it's also illegal.

For decades now, my oversight efforts have successfully led to federal agencies bringing their unlawful nondisclosure and similar agreements into compliance.

And I'll tell you this, it's amazing that after all these years the federal government still has problems with compliance.

That's why Congress must do constant oversight.

On May 26, 2026, the Office of Personnel Management, or "OPM," published a notice with request for comment in the Federal Register.

That notice announced that OPM created a draft nondisclosure agreement form for use by federal agencies for both new and existing employees.

According to OPM, this government wide nondisclosure agreement is needed to protect confidential information from unauthorized disclosure.

OPM provided examples of recent leaks to the media about law enforcement and military operations that put the lives of our federal officers and military members at risk.

It's unacceptable when the unauthorized disclosure of information puts the lives of law enforcement and military personnel at risk. Full stop.

It's important to note the distinction between leaks and whistleblowers.

Legally protected whistleblower disclosures aren't leaks.

Legally protected whistleblower disclosures aren't unauthorized disclosures.

It can be a fact-specific analysis to determine which side of the line a disclosure falls on.

But, during that analysis, the benefit must be given to the patriotic whistleblower.

Now, turning to the text of the OPM draft nondisclosure form.

It contains an anti-gag provision but doesn't include the full text as required by law.

It fails to include that disclosures to the Office of Special Counsel are allowed.

Further, the anti-gag provision is in the beginning of the form rather than at the end like other government nondisclosure agreements.

As a general matter, I'm concerned about the use of nondisclosure agreements because they can chill whistleblowers even if that's not the intent.

Including the anti-gag provision at the end - where employees sign - provides them with the mental assurance they aren't giving up their whistleblower rights.

Again, the balance must always be to the benefit of the whistleblower.

As I continue to analyze the draft rule, this month, 2026, I wrote to the OPM Director making clear they need to immediately fix these preliminary issues.

If the draft nondisclosure form is implemented, Congress must do oversight to ensure it's not used inappropriately.

This senator intends to do just that.

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