ML25140A918
| ML25140A918 | |
| Person / Time | |
|---|---|
| Issue date: | 05/20/2025 |
| From: | Virkar H NRC/OIG/AIGA |
| To: | Mirela Gavrilas NRC/EDO |
| References | |
| OIG-24-E-02 | |
| Download: ML25140A918 (1) | |
Text
NRC Headquarters l 11555 Rockville Pike l Rockville, Maryland 20852 l 301.415.5930 nrcoig.oversight.gov MEMORANDUM DATE:
May 20, 2025 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:
ACTING DIRECTOR FOR THE OFFICE OF ADMINISTRATION MEMORANDUM DATED MAY 14, 2025 Attached is the Office of the Inspector Generals (OIG) analysis and status of recommendations as discussed in the agencys response dated May 14, 2025. Based on this response, recommendations 1-2 are closed, and recommendation 3 remains open and resolved. Please provide an updated status of the open, resolved recommendations by January 30, 2026.
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 D. Lewis, 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 AGREEMENTS 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 May 14, 2025:
On December 20, 2024, an email was successfully sent to all 1,379 affected employees. The notice provided a clear and concise explanation of their rights under the anti-gag provision, as outlined in the 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). This communication was in alignment with the commitment by the Office of Administration (ADM) to ensure transparency and uphold employees rights.
Target Completion Date: Completed OIG Analysis:
The OIG reviewed the email that was sent and found that it met the intent of the recommendation. Therefore, this recommendation is closed.
Status:
Closed
Evaluation Report EVALUATION OF THE U.S. NUCLEAR REGULATORY COMMISSIONS USE OF ANTI-GAG CLAUSES IN NONDISCLOSURE AGREEMENTS 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 May 14, 2025:
Guidance was issued on April 9, 2025, by ADM, via a Yellow Announcement. Staff offices will review and update office procedures and instructions to ensure that NDAs are reviewed by the Office of the General Counsel and receive a finding of no legal objection prior to use.
Target Completion Date: Completed OIG Analysis:
The OIG reviewed the Yellow Announcement and found that it met the intent of the recommendation. Therefore, this recommendation is closed.
Status:
Closed
Evaluation Report EVALUATION OF THE U.S. NUCLEAR REGULATORY COMMISSIONS USE OF ANTI-GAG CLAUSES IN NONDISCLOSURE AGREEMENTS Status of Recommendations (OIG-24-E-02) 4 Recommendation 3:
Update NRC Form 176A to include the required anti-gag language.
Agency Response Dated May 14, 2025:
ADM acknowledges and agrees with the recommendation to update NRC Form 176A to include the required anti-gag language, ensuring employees are aware of their rights under federal law. The request to revise the form was submitted to OCIO on November 21, 2024. The schedule for NRC Form 176 remains on track, with OCIO expected to submit it to EDO in mid-May 2025. The plan is to publish the 60-day Federal Register Notice on June 16, 2025, initiating the comment period. To meet this timeline, the package must be finalized and submitted by August 29, 2025. From there, it must be sent to EDO by mid-September 2025, to ensure publication by the end of November 2025.
Target Completion Date: December 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