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.
Report File
Date Issued
Submitting OIG
Nuclear Regulatory Commission OIG
Other Participating OIGs
Nuclear Regulatory Commission OIG
Agencies Reviewed/Investigated
Defense Nuclear Facilities Safety Board
Report Number
OIG-DNFSB-25-E-01
Report Description
Report Type
Inspection / Evaluation
Agency Wide
Yes
Number of Recommendations
4
Questioned Costs
$0
Funds for Better Use
$0
Report updated under NDAA 5274
No
Open Recommendations
This report has 4 open recommendations.
| Recommendation Number | Significant Recommendation | Recommended Questioned Costs | Recommended Funds for Better Use | Additional Details | |
|---|---|---|---|---|---|
| 1.1 | Yes | $0 | $0 | ||
| Develop and implement a policy or procedure for NDAs that:• Establishes a standard format for NDAs; and,• Requires the Office of the General Counsel to review all NDAs and confirm they contain required language regarding whistleblower protections. | |||||
| 2.1 | Yes | $0 | $0 | ||
| Develop and document criteria outlining the circumstances under which the agency would ask employees to sign an NDA. | |||||
| 3.1 | Yes | $0 | $0 | ||
| Individually inform current staff members who previously signed NDAs that did not contain the anti-gag provision, in writing, of their whistleblower rights. | |||||
| 3.2 | Yes | $0 | $0 | ||
| Implement a tracking system for storage of the DNFSB’s existing and future NDAs that is consistent with the Privacy Act. | |||||
