Evaluation of the Defense Nuclear Facilities Safety Board's Use of Anti-gag Clauses in Nondisclosure Agreements

The Office of the Inspector General (OIG) found that the Defense Nuclear Facilities Safety Board’s (DNFSB’s) nondisclosure agreements (NDAs) complied with 5 United States Code Section 2302(b)(13) by including anti-gag clauses in the NDAs that were issued between April 2019 and April 2024.However, the OIG also reviewed the DNFSB’s internal control environment over the broader period of 2012 through 2024 and identified three internal control findings. The OIG found that between 2012 and 2019, the DNFSB issued incomplete, ineffective, and inconsistent NDAs; the issuance of NDAs was not systematic and lacked transparency; and, the DNFSB did not communicate whistleblower protections in a timely manner.The OIG makes four recommendations related to the DNFSB’s use and management of NDAs.