ML24162A119
| ML24162A119 | |
| Person / Time | |
|---|---|
| Issue date: | 06/28/2024 |
| From: | Celimar Valentin-Rodriguez NRC/NMSS/DMSST/MSEB |
| To: | |
| References | |
| OIG I2200187 | |
| Download: ML24162A119 (1) | |
Text
Enclosure Program Enhancements in Response to the Office of the Inspector General's Special Inquiry into the Appearance of a Conflict of Interest Involving Members of the Advisory Committee on the Medical Uses of Isotopes (OIG Case No. I2200187)
The Office of the Inspector General Special Inquiry resulted in two findings:
Two members of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) participated in the committees review of a petition for rulemaking while simultaneously holding outside positions and being active members in a professional medical organization that opposed the petition. Neither member requested prior authorization to participate, inconsistent with applicable ethics regulations, which resulted in a reasonable appearance of a conflict of interest.
The U.S. Nuclear Regulatory Commission (NRC) should strengthen ACMUI training and its internal procedures for screening member conflicts of interest to better convey ethics rules regarding appearances of conflict of interest.
Program Enhancements 1: Enhance Internal Procedures The NRC staff reviewed the existing internal NRC procedures for the administration of the ACMUI. The NRC staff identified enhancements to strengthen conflict of interest screening and ensure determinations are consistent with the Federal Advisory Committee Act (FACA) and General Service Administrations implementing FACA regulations, Title 10 of the Code of Federal Regulations Section 7.20, Conflict of interest reviews of advisory committee members outside interests, and Management Directive 10.12, Use of Advisory Committee Members.
The staff will revise these procedures to include:
An improved process for assessing, documenting, and tracking conflict-of-interest determinations, including appearances of conflict of interest, and more regular outreach to ethics officials in the Office of the General Counsel (OGC).
An improved process that routinizes periodic reviews of conflicts of interest and appearance of conflicts of interest, to include such reviews prior to subcommittee and full committee meetings.
Target date for completion: September 30, 2024 Program Enhancements 2: Update ACMUI Bylaws The ACMUI established a subcommittee to revise the committees bylaws to include additional information regarding the scope of federal conflict of interest requirements and the responsibilities of members with respect to disclosing potential conflicts of interest or appearances of conflicts of interest to ACMUI leadership and the NRC.
Target date for completion: November 5, 2024 Program Enhancements 3: Review Ethics Training In accordance with Office of Government Ethics regulations, all members of the ACMUI receive annual ethics training by NRCs OGC ethics officials, which contains information on conflict of
2 interest and impartiality regulations. The NRC staff requested that NRC ethics officials provide supplemental information and specific emphasis on the topics relevant to the Office of the Inspector Generals Special Inquiry, including conflicts of interest, appearance of conflicts of interest, and covered relationships under 5 C.F.R. § 2635.502. Ethics training that includes this supplemental information will be provided during the 2024 ACMUI Fall Meeting and continue as part of the ACMUIs annual training going forward.
Target date for completion: November 5, 2024 Program Enhancements 4: Update NUREG/BR-0309 The NRC staff will revise NUREG/BR-0309, Serving on the Advisory Committee on the Medical Uses of Isotopes (ACMUI): A Members Guide, to ensure it contains up-to-date information and additional details on ACMUI members responsibilities regarding potential conflicts of interest and the appearance of conflicts of interest.
Target date for completion: September 30, 2025 Program Enhancements 5: Review Hiring Practices The NRC staff reviewed its hiring processes for ACMUI members. To ensure consistency of understanding, the staff added questions related to ethics and conflict of interest responsibilities for potential ACMUI members to address during candidate interviews. OGC will also support candidate interviews to answer questions related to ethics and conflicts of interest.
Completed: May 31, 2024