ML19294B566
| ML19294B566 | |
| Person / Time | |
|---|---|
| Issue date: | 02/08/1980 |
| From: | Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML19294B552 | List: |
| References | |
| REF-10CFR9.7, TASK-CC, TASK-SE SECY-80-074, SECY-80-74, NUDOCS 8003050089 | |
| Download: ML19294B566 (3) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION g
W ASHINGTON, D. C. 20555 CONSENT cal.ENDAR ITEM
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The Commissioners For:
Leonard Bickwit, Jr., General Counsel From:
DELEGATION OF AUTHORITY Subj ect_:
To obtain Commission approval of a delegation of authority to the Executive Director of Opera-Purnose:
for the head of agency in matters tions to act concerning the Office of Special Counsel pur-suant to 5 U.S.C. S 1206, to the extent permitted.
The Civi'l Service Reform Act of 1078 established the Discussion:
the Office of Special Counsel which acts as investigatory arm of the Merit Systems Pro-tection Board (MSPB).
The authority and respon-sibilities of the Special Counsel are codified in That section, among other things, 1206.
5 U.S.C.
Special Counsel with authority to under-endows the take investigations to determine whether there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken in government agencies.
If the Special Counsel determines that such " reasonable grounds" are present and that corrective action is the findings and recom-required, he must report mendations to the MSPB, the agency involved, and (OPM).
In the the Office of Persennel Management the agency does not take the recommended event corrective actions within a reasonabic time, the Special Counsel may bring the matter before The MSPB makes the final adminis-the MSPB.
trative determination after opportunity for comment by the agency concerned and OPM.
Special Counsel also has obligations concern-The ing information disclosed to him cencerning (1) violations of any law, rule or regulation, and (2) mismanagement, a gross waste of funds,
an abuse of authority or a subscantial a:.a specific He has auth-danger to public health or safety.
ority to recuire an agency to undertake investiea-tions and prepare reports to be submitted to his
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CONTACT:
Marjorie S. Nordlinger, CCC BOD 3050 4-1465
The Commissioners 2
office, the President and the Congress.
Under certain circumstances the head of the agency must personally review, sign and/or certify reports and actions the agency will take in connection with the particular matter.
The attached draft will serve to delegate to the EDO the functions to be performed by the head of the agency insofar as they are delegable.
Redele-gation to the Deputy EDO is provided for; however, any further delegation is prohibited.
We believe this delegation is consistent with existing delegations to the EDO and the descrip-tion of the role of the EDO promulgated in i
the Chairman's memorandum of January 24, 1980.
Recommendation:
Adopt the proposed delegation.
Coordination:
We have coordinated this paper with OELD and they have no legal objections.
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Leonard Bickwit, Jr.
General Counsel
Attachment:
Draft Memorandum Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Monday, February 25, 1980.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT February 15, 1980, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analy.ical review and comment, the Commissioners and the Secretariat should be apprised or when comments may be expected.
This paper is tentatively scheduled for affirmation at an Open Meeting during the week of March 3, 1980.
Please refer to the appropriate Weekly Commission Schedule, when published, for a specific date and time.
DISTRIBUTION Commissioners Commission Staff Offices Exec Dir for Operations Secretariat
DRAFT MEMORANDUM FOR:
William J. Dircks Acting Executive Director for Operations, FROM:
John F.
Ahearne, Chairman
SUBJECT:
DELEGATION OF AUTHORITY TO ACT FOR HEAD OF AGENCY IN MATTERS CONCERNING THE OFFICE OF SPECIAL COUNSEL PURSUANT TO 5 U.S.C.
1206 The Commission hereby authorizes and directs the Executive Director for Operations to receive such information as is trans-mitted to the head of the agency by the Special Counsel in the execution of the requirements of the Civil Service Reform Act of 1978, 5 U.S.C.
S 1206, to take such action thereon as is required by that staute and to determine the response of this agency to any recommendations the Special Counsel may make regarding corrective actions to rectify prohibited personnel practices.
Notwithstanding this delegation:
the response to a report required under Section 1206(b)(3)(A), shall be submitted by the Executive Director for Operations to the Commission for its review and signature of the Chairman; and any report submitted to this agency pursuant to Section 1206(c)(3) shall be submitted by the Executive Director for Operations to the Commission for its review and certification by the Chairman regarding those matters set forth in Section 1206(c)(3)(A) and (B).
This delegation may not be redelegated except to the Deputy Executive Director for Operations, and it may not be further delegated by him.
The NRC management directive system should be amended to reflect this delegation.
JOHN F.
AHEARNE Chairman