U.S. Coast Guard Implements Corrective Actions to Address Unlawful NDAs that Chilled Whistleblowing

June 05, 2024

OSC today announced corrective actions taken by the U.S. Coast Guard to address its use of unlawful non-disclosure agreements entered into with sexual assault survivors and others.

The U.S. Office of Special Counsel (OSC) today announced corrective actions taken by the U.S. Coast Guard (USCG) to address its use of unlawful non-disclosure agreements (NDAs) entered into with sexual assault survivors and others.  The assaults and other misconduct come to light during a now exposed internal USCG investigation known as “Operation Fouled Anchor."

U.S. Senator Ted Cruz alerted OSC to the issue and OSC opened an investigation on whether the NDAs violated 5 U.S.C. § 2302(b)(13) by failing to include language mandated by Congress that explicitly protects whistleblower activity. Shortly after OSC commenced investigating, OSC learned that the USCG notified all current and former employees that any NDA executed with the USCG was subject to the requirements of the anti-gag order provision of the law.

Specifically, the USCG issued a public notice of correction, accessible to all current and former employees, with a contract rider incorporating the mandatory language outlining whistleblower rights into all previously executed NDAs. Further, the USCG agreed to training, to be conducted by OSC, which will include a review of the anti-gag requirements, as well as all other prohibited personnel practices.

“I thank Senator Cruz for bringing this important matter to our attention and anticipate that the measures taken by the U.S. Coast Guard will help avoid future violations," said Special Counsel Hampton Dellinger. “I also want to thank Travis Millsaps, our senior advisor for legislative affairs and policy, who assisted with this matter. Travis will be assisting my esteemed predecessor Henry Kerner as Henry joins the Merit Systems Protection Board.  I am grateful to Travis for his work on this matter and his years of service to OSC."

Dellinger also extended appreciation to OSC attorneys Rachel Venier, Julie Figueira, and Corrie Weiss who handled the case.