The IG further found that the USDA did not have a department-wide regulation meeting the law’s requirements. Image: Mark Van Scyoc/Shutterstock.com
By: FEDweek StaffThe Agriculture Department is the latest agency to be added to the list of those not fully in compliance with anti-gag order language in nondisclosure agreements that employees commonly must sign to have access classified or certain other information.
An inspector general review found of 42 USDA agencies and staff offices that have NDA documents, 11 are not in compliance with the 2012 Whistleblower Protection Enhancement Act. That law required that such documents include a notice that they do not supersede employee rights to make whistleblowing disclosures in general, nor specifically to Congress, agency IGs or the Office of Special Counsel.
The IG further found that the USDA did not have a department-wide regulation meeting the law’s requirements.
“Without the added required anti-gag provision statement in nondisclosure forms and NDAs, USDA employees may not be aware of how their protections under the WPEA apply. This may potentially discourage whistleblowers from reporting allegations of misconduct,” it said.
The OSC has raised the issue of noncompliance with regard to several agencies, while the IGs of several others have issued similar reports, the result of a request from Congress for an assessment of compliance government-wide.
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