Inspector General Report: Biden's Election Assistance Commission Responds to Senator Grassley's Request to Review EAC Use of Anti-gag Provisions

September 4, 2024 – Election Assistance Commission Office of Inspector General: EAC OIG’s response to Senator Grassley’s request to review EAC use of anti-gag provisions

Dear Senator Grassley: This responds to your March 11, 2024, request that the Office of Inspector General review all nondisclosure policies, forms, agreements, and related documents specific to the Election Assistance Commission (EAC) to ensure the anti-gag provision required by the Whistleblower Enhancement Act of 2012 was included. We conducted a review of agency records regarding non-disclosure agreements involving EAC employees. We determined that EAC adopted a “Non-Disclosure and Confidetiality Policy” in July 2024. The policy includes the anti-gag provision required by the Whistleblower Enhancement Act of 2012. The policy also requires EAC employees to read it and sign an EAC Non-Disclosure and Confidentiality Agreement (Confidentiality Agreement) affirming their agreement to abide by its terms. The Confidentiality Agreement also contains the anti-gag provision. EAC intends to have all EAC employees review and sign the Confidentiality Agreement by September 30, 2024. We will follow up with EAC to ensure that this process is completed. EAC, based on a reasonable search of its records and conversations with its longer-serving employees, did not identify any instances of EAC employees signing a non-disclosure agreement with the agency in the past. If you or your staff have further questions, please contact Michael Rivera, Counsel to the Inspector General, at 202-578-1202.

Sincerely,

Sarah Dreyer

Acting Inspector General

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