ML24309A072
| ML24309A072 | |
| Person / Time | |
|---|---|
| Issue date: | 11/01/2024 |
| From: | Virkar H NRC/OIG/AIGA |
| To: | Mirela Gavrilas NRC/EDO |
| References | |
| OIG-24-E-02 | |
| Download: ML24309A072 (1) | |
Text
NRC Headquarters l 11555 Rockville Pike l Rockville, Maryland 20852 l 301.415.5930 nrcoig.oversight.gov MEMORANDUM DATE:
November 1, 2024 TO:
Mirela Gavrilas Executive Director for Operations FROM:
Hruta Virkar, CPA /RA/
Assistant Inspector General for Audits & Evaluations
SUBJECT:
STATUS OF RECOMMENDATIONS: EVALUATION OF THE U.S. NUCLEAR REGULATORY COMMISSIONS USE OF ANTI-GAG CLAUSES IN NONDISCLOSURE AGREEMENTS (OIG-24-E-02)
REFERENCE:
DEPUTY EXECUTIVE DIRECTOR FOR MATERIALS, WASTE, RESEARCH, STATE, TRIBAL, COMPLIANCE, ADMINISTRATION, AND HUMAN CAPITAL PROGRAMS, OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS MEMORANDUM DATED OCTOBER 24, 2024 Attached is the Office of the Inspector Generals (OIG) analysis and status of recommendations as discussed in the agencys response dated October 24, 2024. Based on this response, recommendations 1-3 remain open and resolved. Please provide an updated status of the open, resolved recommendations by March 3, 2025.
If you have any questions or concerns, please call me at 301.415.1982 or Paul Rades, Team Leader, at 301.415.6228.
Attachment:
As stated cc: J. Martin, ADO S. Miotla, DADO J. Jolicoeur, OEDO OIG Liaison Resource EDO ACS Distribution
Evaluation Report EVALUATION OF THE U.S. NUCLEAR REGULATORY COMMISSIONS USE OF ANTI-GAG CLAUSES IN NONDISCLOSURE Status of Recommendations (OIG-24-E-02) 2 Recommendation 1:
Notify all affected employees of their rights in writing under the anti-gag provision.
Agency Response Dated October 24, 2024:
Agree. The Office of Administration (ADM) understands the importance of communicating this information in writing. We will draft a clear and concise notice, via email, that outlines the rights of our employees under the anti-gag provision and distribute it to all affected staff, in accordance with 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).
Target Completion Date: January 31, 2025 OIG Analysis:
The proposed action meets the intent of this recommendation. The OIG will close the recommendation after verifying that the email has been drafted and sent to affected employees.
Status:
Open: Resolved
Evaluation Report EVALUATION OF THE U.S. NUCLEAR REGULATORY COMMISSIONS USE OF ANTI-GAG CLAUSES IN NONDISCLOSURE Status of Recommendations (OIG-24-E-02) 3 Recommendation 2:
Issue guidance for the review and approval of nondisclosure agreements (NDAs) to ensure that all NDAs for federal employees include the required anti-gag language.
Agency Response Dated October 24, 2024:
Agree. ADM and Office of General Counsel (OGC) acknowledge and agree that guidance should be issued to provide for the review and approval of NDAs to ensure compliance with the required anti-gag language.
OGC will develop guidance for the review and approval of NDAs.
Target Completion Date: March 31, 2025 OIG Analysis:
The proposed action meets the intent of this recommendation. The OIG will close the recommendation after verifying that the guidance has been issued.
Status:
Open: Resolved
Evaluation Report EVALUATION OF THE U.S. NUCLEAR REGULATORY COMMISSIONS USE OF ANTI-GAG CLAUSES IN NONDISCLOSURE Status of Recommendations (OIG-24-E-02) 4 Recommendation 3:
Update NRC Form 176A to include the required anti-gag language.
Agency Response Dated August 30, 2024:
Agree. ADM acknowledges and agrees with the recommendation to update NRC Form 176A to include the required anti-gag language. We understand the importance of ensuring that all employees are aware of their rights under federal law. Our team is currently working on revising the form to incorporate the necessary language while maintaining its overall purpose and structure.
Target Completion Date: January 31, 2025 OIG Analysis:
The proposed action meets the intent of this recommendation. The OIG will close the recommendation after verifying that NRC Form 176 A has been updated to include the required anti-gag language.
Status:
Open: Resolved