Evaluation of PBGC's Inclusion of Anti-Gag Provision in Required Agreements (EVAL-2024-13), issued September 27, 2024

We reviewed six documents that require the anti-gag language. We found four settlement agreements contained the required anti-gag language. However, two Technical Evaluation Panel (TEP) certification templates did not include the required anti-gag language. This occurred because PBGC does not have a policy to guide staff in identifying when a non-disclosure form, agreement, or related documents require the anti-gag language.

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