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Evaluation of the U.S. Nuclear Regulatory Commission’s Use of Anti-gag Clauses in Nondisclosure Agreements

Report Information

Date Issued
Report Number
OIG-24-E-02
Report Type
Inspection / Evaluation
Description
The OIG found that the NRC’s NDAs involving federal employees do not comply with the requirements of 5 U.S.C. section 2302(b)(13). Specifically, NRC employees hired before the Whistleblower Protection Enhancement Act were not informed of their whistleblower rights, as the law required. In addition, the NRC has NDAs with other federal agencies that lack required anti-gag language. Further, the OIG found that anti-gag language is not included in NRC Form 176A, Security Acknowledgement. The OIG makes three recommendations to address the issues identified during the evaluation.
Joint Report
Yes
Participating OIG
Nuclear Regulatory Commission OIG
Agency Wide
Yes (agency-wide)
Questioned Costs
$0
Funds for Better Use
$0
View report on Oversight.gov

Recommendations

Notify all affected employees of their rights in writing under the anti-gag provision.

Agency Response Dated May 14, 2025: On December 20, 2024, an email was successfully sent to all 1,379 affected employees. The notice provided a clear and concise explanation of their rights under the anti-gag provision, as outlined in the Office of Special Counsel (OSC) Memorandum (February 1, 2018) and OSC Memorandum for Executive Departments and Agencies, “The Whistleblower Protection Enhancement Act of 2012 and Non-Disclosure Policies, Forms, and Agreements” (November 27, 2012). This communication was in alignment with the commitment<br />
by the Office of Administration (ADM) to ensure transparency and uphold employees’ rights.<br />
Target Completion Date: Completed <br />
OIG Analysis: The OIG reviewed the email that was sent and found that it met the intent of the recommendation. Therefore, this recommendation is closed.

Issue guidance for the review and approval of NDAs to ensure that all NDAs for federal employees include the required anti-gag language.

Agency Response Dated May 14, 2025: Guidance was issued on April 9, 2025, by ADM, via a Yellow Announcement. Staff offices will review and update office procedures and instructions to ensure that NDAs are reviewed by the Office of the General Counsel and receive a finding of no legal objection prior to use.<br />
Target Completion Date: Completed<br />
OIG Analysis: The OIG reviewed the Yellow Announcement and found that it met the intent of the recommendation. Therefore, this recommendation is closed.

Update NRC Form 176A to include the required anti-gag language.

Agency Response Dated May 14, 2025: ADM acknowledges and agrees with the recommendation to update NRC Form 176A to include the required anti-gag language, ensuring employees are aware of their rights under federal law. The request to revise the form was submitted to OCIO on November 21, 2024. The schedule for NRC Form 176 remains on track, with OCIO expected to submit it to EDO in mid-May 2025. The plan is to publish the 60-day Federal Register Notice on June 16, 2025, initiating the comment period. To meet this timeline, the package must be finalized and submitted by August 29, 2025. From there, it must be sent to EDO by mid-September 2025, to ensure publication by the end of November 2025. Target Completion Date: December 2025<br />
OIG Analysis: The proposed action meets the intent of this recommendation. The OIG will close the recommendation<br />
after verifying that NRC Form 176 A has been updated to include the required anti-gag language.