ALCOAST 175/24 - APR 2024 CLARIFICATION REGARDING WHISTLEBLOWER PROTECTION AND NON-DISCLOSURE POLICIES, FORMS, OR AGREEMENTS
U.S. Coast Guard sent this bulletin at 04/18/2024 11:18 AM EDT
R 181400Z APR 24 MID120001035244U
FM COMDT COGARD WASHINGTON DC
TO ALCOAST
BT
UNCLAS
ALCOAST 175/24
SSIC 5863
SUBJ: CLARIFICATION REGARDING WHISTLEBLOWER PROTECTION AND
NON-DISCLOSURE POLICIES, FORMS, OR AGREEMENTS
A. 5 U.S.C. Section 2302(b), 7211
B. 10 U.S.C. Section 1034
C. Executive Order No. 13526
D. 50 U.S.C. Section 421, et seq., 783(b)
E. 18 U.S.C. Section 641, 793, 798, 952
1. Purpose: This message clarifies the purpose and effect of
non-disclosure forms, agreements, and policies used throughout the
Coast Guard, typically in the context of administrative and criminal
investigations.
2. Background: REFs (A)-(E) protect the rights of military
members, civilian employees, auxiliarists, and contractors to make
certain protected disclosures and whistleblower complaints to
Congress, the Office of the Inspector General, the Office of Special
Counsel, or other internal investigative bodies. Current and former
members and employees may have either signed non-disclosure
agreements or been verbally advised not to disclose or discuss
certain sensitive or confidential matters. Generally, these warnings
would have been given to protect individual privacy, integrity of
ongoing investigations, or other sensitive material. The intent of
such policies and agreements has not been, and is not, to restrict
any individual's right to make protected disclosures to Congress,
the Office of the Inspector General, Office of Special Counsel, or
to make internal reports to any person or organization in the chain
of command, the Coast Guard Investigative Service, or other
authorities responsible for investigating or processing complaints
of alleged violations.
3. This message clarifies that for any previously issued
non-disclosure agreement or direction to not disclose or discuss
certain information or investigations, the following should be
considered incorporated:
"These provisions are consistent with and do not supersede, conflict
with, or otherwise alter the employee obligations, rights, or
liabilities created by existing statute or Executive order relating
to (1) classified information, (2) communications to Congress, (3)
the reporting to an Inspector General or the Office of Special
Counsel of a violation of any law, rule, or regulation, or
mismanagement, a gross waste of funds, an abuse of authority, or a
substantial and specific danger to public health or safety, or (4)
any other whistleblower protection. The definitions, requirements,
obligations, rights, sanctions, and liabilities created by
controlling Executive orders and statutory provisions are
incorporated into this agreement and are controlling."
4. Notwithstanding paragraph 3, a nondisclosure policy form or
agreement that is to be executed by a person connected with the
conduct of an intelligence or intelligence-related activity, other
than an employee or officer of the United States Government, may
contain provisions appropriate to the particular activity to require
the person to not disclose any classified information received in
the course of such activity unless specifically authorized to do so
by the United States Government.
5. Any non-disclosure form, agreement, or advice issued as of the
date of this ALCOAST must include the language in paragraph 3.
6. Current and former Coast Guard personnel are reminded that
reporting evidence of waste, fraud, or abuse involving classified
information or classified programs must continue to be made
consistent with established rules and procedures designed to protect
classified information.
7. The point of contact for this ALCOAST is CAPT Glenn Goetchius
COMDT (CG-LGL).
8. ADM Steven D. Poulin, Vice Commandant (VCG), sends.
9. Internet release is authorized.