ML25139A026
| ML25139A026 | |
| Person / Time | |
|---|---|
| Issue date: | 05/08/2025 |
| From: | Virkar H NRC/OIG/AIGA |
| To: | Buhler M NRC/EDO |
| References | |
| OIG-DNFSB-25-E-01 | |
| Download: ML25139A026 (1) | |
Text
NRC Headquarters l 11555 Rockville Pike l Rockville, Maryland 20852 l 301.415.5930 nrcoig.oversight.gov MEMORANDUM DATE:
May 8, 2025 TO:
Mary J. Buhler Executive Director of Operations FROM:
Hruta Virkar, CPA /RA/
Assistant Inspector General for Audits & Evaluations
SUBJECT:
STATUS OF RECOMMENDATIONS: EVALUATION OF THE DEFENSE NUCLEAR FACILITIES SAFETY BOARDS USE OF ANTI-GAG CLAUSES IN NONDISCLOSURE AGREEMENTS (OIG-DNFSB-25-E-01)
REFERENCE:
EXECUTIVE DIRECTOR OF OPERATIONS, MEMORANDUM DATED MAY 5, 2025 Attached is the Office of the Inspector Generals (OIG) analysis and status of recommendations as discussed in the agencys response dated May 5, 2025. Based on this response, all recommendations are now closed.
If you have any questions or concerns, please call me at 301.415.1982 or Mike Blair, Team Leader, at 301.415.5399.
Attachment:
As stated cc: K. Herrera, DEDO J. Biggins, DEDRS G. Garvin, DEDRS
Evaluation Report EVALUATION OF THE DEFENSE NUCLEAR FACILITIES SAFETY BOARD'S USE OF ANTI-GAG CLAUSES IN NONDISCLOSURE AGREEMENTS Status of Recommendations (OIG-DNFSB-25-E-01) 2 Recommendation 1.1:
Develop and implement a policy or procedure for non-disclosure agreements (NDAs) that:
Establishes a standard format for NDAs; and, Requires the Office of the General Counsel (OGC) to review all NDAs and confirm they contain required language regarding whistleblower protections.
Agency Response Dated May 5, 2025:
Agree; The Defense Nuclear Facilities Safety Board (DNFSB) has developed Directive 630, which generally prohibits the use of NDAs that restrict or discourage whistleblower disclosures. The Directive specifically requires that all NDAs include explicit whistleblower protection language to ensure alignment with federal statutes and the Agencys commitment to transparency and accountability.
OIG Analysis:
The OIG reviewed Directive 630 and verified it contains a format for NDAs and requires the OGCs review for all NDAs to confirm they contain the required language. Therefore, this recommendation is now closed.
Status:
Closed
Evaluation Report EVALUATION OF THE DEFENSE NUCLEAR FACILITIES SAFETY BOARD'S USE OF ANTI-GAG CLAUSES IN NONDISCLOSURE AGREEMENTS Status of Recommendations (OIG-DNFSB-25-E-01) 3 Recommendation 2.1:
Develop and document criteria outlining the circumstances under which the agency would ask employees to sign an NDA.
Agency Response Dated May 5, 2025:
Agree; Directive 630, will address the use of NDAs at the DNFSB. Importantly, it ensures that any such agreements will include language that protects employees' rights to report wrongdoing, consistent with whistleblower protection laws and federal policy.
OIG Analysis:
The OIG reviewed Directive 630 and verified it outlines the circumstances under which the agency would ask employees to sign an NDA. Therefore, this recommendation is now closed.
Status:
Closed
Evaluation Report EVALUATION OF THE DEFENSE NUCLEAR FACILITIES SAFETY BOARD'S USE OF ANTI-GAG CLAUSES IN NONDISCLOSURE AGREEMENTS Status of Recommendations (OIG-DNFSB-25-E-01) 4 Recommendation 3.1:
Individually inform current staff members who previously signed NDAs that did not contain the anti-gag provision, in writing, of their whistleblower rights.
Agency Response Dated May 5, 2025:
Agree; To confirm that the two individuals previously identified as having signed NDAs lacking the appropriate anti-gag provisions have been addressed as follows:
One individual was notified in writing via email. The communication included the required whistleblower protection language, and the employee acknowledged receipt.
The second individual has since departed the Agency.
DNFSB made multiple attempts to contact the former employee but was ultimately unsuccessful.
OIG Analysis:
The OIG reviewed the notification made to the existing DNFSB employee and confirmed the individual was made aware of their whistleblower rights. The OIG also acknowledges the multiple attempts to inform the second individual of their whistleblower rights and determined no further action was required considering the agencys stance on not enforcing that particular NDA. Therefore, this recommendation is now closed.
Status:
Closed
Evaluation Report EVALUATION OF THE DEFENSE NUCLEAR FACILITIES SAFETY BOARD'S USE OF ANTI-GAG CLAUSES IN NONDISCLOSURE AGREEMENTS Status of Recommendations (OIG-DNFSB-25-E-01) 5 Recommendation 3.2:
Implement a tracking system for storage of the DNFSBs existing and future NDAs that is consistent with the Privacy Act.
Agency Response Dated May 5, 2025:
Agree; To ensure proper oversight and compliance, the DNFSBs OGC will be responsible for tracking all NDAs issued by the Agency. All NDAs will be stored along with their official supporting documentation in accordance with Agency records management policies. This process is intended to promote accountability and ensure that all NDAs include the appropriate whistleblower protection language as required by law.
OIG Analysis:
The OIG reviewed Directive 630 and verified the OGC is responsible for tracking and storing NDAs. Therefore, this recommendation is now closed.
Status:
Closed