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

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.