ML24275A077
| ML24275A077 | |
| Person / Time | |
|---|---|
| Issue date: | 10/24/2024 |
| From: | Robert Lewis NRC/EDO |
| To: | Virkar H NRC/OIG |
| References | |
| OIG-24-E-02 | |
| Download: ML24275A077 (1) | |
Text
MEMORANDUM TO:
Hruta Virkar Assistant Inspector General for Audits & Evaluations Office of the Inspector General FROM:
Robert J. Lewis Deputy Executive Director for Materials, Waste, Research, State, Tribal, Compliance, Administration, and Human Capital Programs Office of the Executive Director for Operations
SUBJECT:
AGENCY RESPONSE TO EVALUATION OF THE U.S.
NUCLEAR REGULATORY COMMISSIONS USE OF ANTI-GAG CLAUSES IN NONDISCLOSURE AGREEMENTS (OIG-24-E-02)
The staff has received the Office of Inspector Generals (OIG) report for OIG-24-E-02, Evaluation of the U.S. Nuclear Regulatory Commissions Use of Anti-Gag Clauses in Nondisclosure Agreements dated September 20, 2024. This memorandum provides the staffs responses to the OIG recommendations. The staff response includes the staffs planned actions and target date for completion.
Recommendation 1:
Notify all affected employees of their rights in writing under the anti-gag provision.
Response
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 Point of
Contact:
Branch Chief, Personnel Security Branch, ADM, 301-415-7731.
CONTACT: Christoph Heilig, ADM/DFS/PSB 301-415-7731 October 24, 2024 Signed by Lewis, Robert on 10/24/24
H. Virkar Recommendation 2:
Issue guidance for the review and approval of NDAs to ensure that all NDAs for federal employees include the required anti-gag language.
Response
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 Point of
Contact:
Branch Chief, Personnel Security Branch, ADM, 301-415-7731.
Recommendation 3:
Update NRC Form 176A to include the required anti-gag language.
Response
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 Point of
Contact:
Branch Chief, Personnel Security Branch, ADM, 301-415-7731.
- via e-mail OFFICE ADM/DFS/PSB/BC ADM/DFS/D*
OCHCO/DOC/BC*
NAME CHeilig BThomson BSmith DATE 10/01/2024 09/30/2024 09/30/2024 OFFICE OGC*
AM/D DEDR NAME BHarris JCorbett RLewis DATE 09/30/2024 10/01/2024 10/24/2024