ML26007A149
| ML26007A149 | |
| Person / Time | |
|---|---|
| Issue date: | 01/13/2026 |
| From: | Eleni Jernell Office of Administration |
| To: | Virkar H NRC/OIG/AIGA |
| Shared Package | |
| ML25142A150 | List: |
| References | |
| OIG-24-E-02, OEDO-25-00284 | |
| Download: ML26007A149 (0) | |
Text
MEMORANDUM TO:
Hruta Virkar, CPA Assistant Inspector General for Audits & Evaluations Office of the Inspector General FROM:
Eleni Jernell, Acting Director Office of Administration
SUBJECT:
EVALUATION OF THE US NUCLEAR REGULATORY COMMISSIONS USE OF ANTI-GAG CLAUSES IN NONDISCLOSURE AGREEMENTS (OIG-24-E-02)
The purpose of this memorandum is to provide a status update of the actions taken by the US Nuclear Regulatory Commission (NRC) Office of Administration (ADM) in response to the recommendations contained in the subject evaluation report.
Recommendation 1: Notify all affected employees of their rights in writing under the anti-gag provision.
Response: 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 ADM to ensure transparency and uphold employees rights.
Status: Completed Point of
Contact:
Branch Chief, Personnel Security Branch, ADM, 301-415-7731.
CONTACT: Chris Heilig, ADM/DFS/PSB 301-415-7731 January 13, 2026 Moses, John signing on behalf of Jernell, Eleni on 01/13/26
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: 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.
Status: Completed 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: The form was approved by OMB on December 29, 2025, and the updated form was posted for use on December 30, 2025.
Status: Completed Point of
Contact:
Branch Chief, Personnel Security Branch, ADM, 301-415-7731.
H. Virkar
SUBJECT:
AGENCY RESPONSE TO EVALUATION OF THE US NUCLEAR REGULATORY COMMISSIONS USE OF ANTI-GAG CLAUSES IN NONDISCLOSURE AGREEMENTS (OIG-24-E-02), DATED:
DISTRIBUTION:
CHeilig, ADM BThomson, ADM EDeeds, EDO ADAMS Accession Number: ML26007A149
- via email OFFICE ADM/DFS/PSB/BC ADM/DFS/D ADM/DD (A)
NAME CHeilig BThomson JMoses DATE 01/07/2026 01/07/2026 01/13/2026 OFFICE ADM/D (A)
NAME EJernell JMoses for DATE 01/13/2026 OFFICIAL RECORD COPY January 13, 2026