U.S. Department of Education’s Nondisclosure Policies, Forms, and Agreements

The Whistleblower Protection Enhancement Act of 2012 (WPEA) was signed into law on November 27, 2012 (Public Law 112-199). The law strengthens protections for Federal employees who disclose evidence of waste, fraud, or abuse. The anti-gag provision, codified in the WPEA, requires all Federal agency nondisclosure policies, forms, or agreements to include an explicit statement notifying employees of their rights to report wrongdoing and make protected disclosures to an Inspector General, Office of Special Counsel, and to Congress. Our objective was to determine whether the Department includes the anti-gag provision statement, as required by the WPEA, in nondisclosure policies, forms, or agreements. We found that the Department did not include the anti-gag provision statement, required by the WPEA, in all applicable nondisclosure agreements and forms. Specifically, we identified 6 agreements or forms developed by or currently being used by 3 of the Department’s 17 principal offices that did not contain the required statement. This occurred because the Department does not have documented policies and procedures relating to the development of nondisclosure forms or agreements and has not developed a process to ensure that the anti-gag provision statement is included, when required, in nondisclosure policies, forms, and agreements.