Defense agency rescinds whistleblower's gag order

The Defense Contract Audit Agency has rescinded a controversial, and possibly illegal, nondisclosure memo filed in 2007 against an agency whistleblower, Government Executive has learned.

Two days after a Sept. 10 hearing before the Senate Homeland Security and Governmental Affairs Committee in which lawmakers excoriated agency leaders for appearing to retaliate against employees who had raised concerns about suspicious contractor fees, DCAA lifted the year-old gag order against veteran auditor Diem-Thi Le.

In a Sept. 12 memo obtained by Government Executive, Jan Findley, branch manager of DCAA's Santa Ana, Calif., office, wrote that Le was now free to share agency records with the Office of Special Counsel or any other government investigator.

"You are encouraged to fully cooperate with any investigations conducted by representatives of federal government investigative authorities by providing testimony and documents," Findley wrote to Le, a 19-year agency employee. "Rest assured, you may cooperate without fear of harassment or reprisal from agency management officials."

The 2007 nondisclosure memo, drafted by the DCAA's Office of General Counsel and signed by Le's supervisor, had threatened Le with "disciplinary action," including possible prosecution for criminal theft if she shared -- or even possessed -- any DCAA document that was used to file a complaint against the agency.

In a separate Sept. 12 memo sent to agency employees, DCAA Director April Stephenson reinforced the agency's policy that whistleblowers should not fear speaking with federal investigators.

"It is the firm policy of the Defense Contract Audit Agency that employees are encouraged to cooperate with any investigations conducted by representatives of the federal government investigative authorities by providing testimony and documents in accordance with federal law, including the Whistleblower Protection Act, DoD and DCAA policies and regulations," Stephenson wrote.

During the hearing, Stephenson initially told the committee that the nondisclosure memo was issued because of concern that Le would disclose proprietary contractor data to the OSC. But under questioning from lawmakers, Stephenson acknowledged that the tone and content of the letter was "wholly inappropriate."

Neither Le, Findley nor the Defense Department responded to requests for comment.

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