ML24135A046

06-03-24 Enclosure - Response to Request for Information Letter Dated May 7, 2024

ML24135A046
Person / Time
Issue date:	06/03/2024
From:	Office of the Chief Human Capital Officer
To:
References
CORR-24-0045, LTR-24-0107
Download: ML24135A046 (1)

Text

Response to Request for Information Letter Dated May 7, 2024

1. A copy of your agency's Domestic Employee Teleworking Overseas (DETO) policy.

RESPONSE

The NRC's DETO policy is currently under development and on track to be issued no later than the end of Fiscal Year 2024. For clarification, the NRC's DETO policy will be inclusive of all NRC employees requesting to telework overseas and will not be exclusive to military-connected or foreign services spouses. While the NRC is in the process of developing its DETO policy, the NRC has been able to address the small number of requests from domestic employees to telework overseas using our existing telework framework on a case-by-case basis which is reflected in the following responses.

2. On what date was your agency first in compliance with Section 6202 of the Fiscal Year 2022 National Defense Authorization Act?

RESPONSE

The NRC is not yet in compliance with Section 6202 of the Fiscal Year 2022 NOAA, but we expect to be in compliance with the issuance of our DETO policy no later than the end of Fiscal Year 2024.

3. If your agency is not in compliance with Section 6202 of the Fiscal Year 2022 NDAA, please provide a detailed timeline for when your agency will be in compliance and the

• title of the individual at your agency in charge of ensuring compliance with Section 6202 of the NDAA.

RESPONSE

The NRC's draft DETO policy is currently moving through the agency's concurrence process, including management in the Office of the Chief Human Capital Officer and the Office of International Programs. The NRC Telework Coordinator, in consultation with the NRC's Office of the General Counsel, will ensure the agency is in compliance with Section 6202 of the NOAA upon issuance of the DETO policy, which is expected no later than the end of Fiscal Year 2024.

4. Does your agency track the number of military-connected and other foreign service spouses it employs?

RESPONSE

No. The NRC does not capture this information. The most closely related data that we do capture is for employees who claimed "Veteran's Preference Based on Another's Service" at their time of hire. The NRC's responses to the questions below reflect this limited data.

a. If so, how many military-connected and foreign service spouses are employed at your agency? Please provide these data annually for the past ten years through present day.

Enclosure

RESPONSE

For employees who claimed "Veteran's Preference Based on Another's Service" when they were hired, we currently have one employee on board. Over the last 10 years, the NRC has had a total of 8 employees who claimed that preference, but never more than 2 on board at any one time. The NRC is unable to distinguish if the connected service is for a spouse. In addition, the NRC currently has one foreign service spouse who is a DETO.

b. If so, how many of those spouses are currently DETOs? Please provide these data annually dating back to the inception of your DETO program to the present.

RESPONSE

The NRC's available records show that there is currently one foreign service spouse working under a DETO arrangement.

c. If so, how many military-connected and foreign service spouses have separated from your agency? Please provide these data annually for the past ten years through present.

RESPONSE

For employees who claimed "Veteran's Preference Based on Another's Service" when hired, the NRC's records show that one military-connected or foreign service spouse separated from the NRC in December 2022.

d. If so, how many of the military-connected and foreign service spouses who separated from your agency applied for a DETO? How many of those spouses' requests for a DETO did the agency accept or decline? Please provide this data annually dating to the inception of your agency's DETO program.

RESPONSE

The one employee who separated in 2022 was on an approved DETO agreement.

5. How many employee DETO agreements have been active at your agency each year since the inception of the program at your agency?

RESPONSE

Since 2022, the NRC has had two active DETO agreements.

6. As of the date of receipt of this letter, how many employees at your agency have an active DETO agreement in place?

RESPONSE

One employee at the NRC has an active DETO agreement in place.

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7. As of the date of receipt of this letter, how many DETO agreement requests from employees are currently pending a determination at your agency?

RESPONSE

The NRC does not have any pending DETO agreement requests.

8. Please provide a list of all the reasons your agency has denied requests for DETO flexibilities and the number of times that reason was used to deny a request from 2023 through present.

RESPONSE

The NRC has no record of any denials of DETO requests.

9. Does your agency conduct exit interviews with miliary-affiliated spouses when they decide to separate from the agency?

RESPONSE

Yes, the agency conducts exit surveys and interviews with departing NRC employees, including military-affiliated spouses. The exit survey data, however, does not distinguish between those who are military-affiliated spouses and those who are not.

a. If not, why not?

RESPONSE

NIA.

b. If so, how many separating military spouses have indicated that an inability to perform their duty via telework or remote work prompted their separation?

RESPONSE

The NRC's exit survey data does not distinguish between those who are military-affiliated spouses and those who are not. The agency is not aware of a military-spouse employee separating from the agency due to their "inability to perform tasks via te/ework or remote work."

10. Please describe the practices your agency employs to ensure that all military-connected families are notified of the laws and policies in place authorizing their access to special pay and hiring provisions in the federal sector.

RESPONSE

The Office of the Chief Human Capital Officer, with the assistance of the Office of the General Counsel, reviews all new laws and policies related to employees' access to special pay and hiring provisions in the federal section to determine their applicability to the NRC workforce. If the new law or policy applies, the Office of the Chief Human Capital Officer will issue an agencywide "yellow announcement". A "yellow announcement" is a type of 3

announcement that establishes new policies, practices, or procedures; introduces changes in policy, senior staff, and management assignments, or organization; or addresses major agencywide events. These are issued through the agency's electronic announcement system on the NRC's intranet webpage, which can be accessed and viewed by all employees.

Additionally, the NRC uses a special hiring authority for military spouses in recruitment for open positions.

a. Please provide materials your agency has created or sent to employees to educate and promote DETO flexibilities.

RESPONSE

The NRC issued the attached "yellow announcement" on June 12, 2023, "Policy Change to Allow Locality Pay for Federal Employees Working Overseas under Domestic Employees Teleworking Overseas Agreements," regarding the NRC's policy with respect to DETOs and special locality pay.

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All NRC Employees Yellow Announcement: YA-23-0041 Date: June 12, 2023 POLICY CHANGE TO ALLOW LOCALITY PAY FOR FEDERAL EMPLOYEES WORKING OVERSEAS UNDER DOMESTIC EMPLOYEES TELEWORKING OVERSEAS AGREEMENTS The Office of the Chief Human Capital Officer (OCHCO) is announcing a policy change to allow the U.S. Nuclear Regulatory Commission (NRC) to provide special locality pay to Domestic Employees Teleworking Overseas (DETOs). This change is consistent with Section 9717 of the National Defense Authorization Act of FY 2023.

DETO locality pay may now be authorized for NRC employees under a DETO agreement to receive a special locality payment calculated as the lesser of:

(1) the amount of locality pay the employee would have been paid under 5 U.S.C. 5304 or 5304a if the employee's official duty station had not been changed to an overseas location under the applicable DETO agreement, or (2) the amount of overseas locality pay the employee would be paid if the employee were an eligible member of the Foreign Service (which, under current law, is set at two-thirds of Washington, D.C. locality pay).

This policy change became effective on May 21, 2023. Affected employees will be notified by OCHCO.

This information will be incorporated into the next revision of Management Directive 10.41, "Pay Administration."

For additional information or assistance, please contact your Office or Region servicing Human Resources Specialist.

Mary A. Lamary /RA/

Chief Human Capital Officer Management Directive

Reference:

MD 10.41, "Pay Administration," Handbook Section I, "Salary Schedules and Rates."