ML20023A505
| ML20023A505 | |
| Person / Time | |
|---|---|
| Issue date: | 09/03/1982 |
| From: | Barry L NRC OFFICE OF RESOURCE MANAGEMENT (ORM) |
| To: | NRC |
| Shared Package | |
| ML20023A508 | List: |
| References | |
| FOIA-82-410 NUDOCS 8210050573 | |
| Download: ML20023A505 (37) | |
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UNITED STATES g
NUCLEAR REGULATORY COMMISSION p
WASHINGTON, D. C. 20555
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SEP 3 1982 MEMORANDUM FOR: Office Directors Regional Administrators Division Directors FROM:
Learned W. Barry, Director Office of Resource Management s
SUBJECT:
DRAFT MANUAL CHAPTER 1302, SHUTDOWN PLAN: CONTINGENCY PLAN FOR PERIODS OF LAPSED APPROPRIATIONS Attached is draft manual chapter 1302, " Shutdown Plan:
Contingency Plan for Periods of Lapsed Appropriations" for your review and coment.
If we have not received your coments by October 1,1982, we will assume concurrence.
- J Learned W.' Barry, Direc r Office of Resource Management
Attachment:
As stated 1
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. CONTACT:
D h(J i
M. Weston, RM/B Q ) j /,/
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4' 49-29863 p
R. Shumway, RM/B I
,; C '
l 49-27988
a U.S. NUCLEAR REGUI.ATORY COMISSION NRC MANUAL
' Volume:
1000 Finance Part :
'1300 Budgeting RM CHAPTER 1302 SHUTDOWN PLAN:
CONTINGENCY PLAN FOR PERIODS OF LAPSED APPROPRIATIONS 1302 COVERAGE t
This chapter and its appendix implement OMB Bulletin No. 80-14 of Audust 1980 and provide guidance and 'nstructions for terminating non-essential agency activities should the Conaress fail to appropriate funds, pass a con-tinuing resolution or increase the debt ceiling.
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f 1302-02 OBJECTIVES 021 To implement OMB Bulletin No. 80-14 in accordance with the Anti-deficiency Act (31 USC 665) and the opinion of the Attorney General of the United States.
l 022 To provide guidance for the orderly termination of non-essential t
activities when it is anticipated that there will be a lapse in funding.
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023 To identify essential functions that will continue although all NRC i
funds have been exhausted.
1302-03 RESPONSIBILITIES AND AUTHORITIES 031 The Chainnan or Designee:
a.
ensures admi1istration of the Shutdown Plan.
b.
determines the essential functions of the agency.
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c.
submits the list of essential functions to OMB for transmittal to Congress.
d.
issue notices to all employees indicating that all funds have been exhausted.
(See Exhibit 1.)
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- .a 032 The General Counsel:
a.
assists the Chairman or his designee in determining the agency's essential functions.
f b,
provides the Chairman or his designee with legal advice during t
the period of lapsed appropriations.
033 The Director, Office of Congressional Affairs:
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a.
coordinates with the appropriate Congressional committees to I
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reallocate available funds in order to forestall the fund-l interruption date as long as possible at the earliest indica-i tion of funding lapses.
l b.
serves as the agency. liaison with Congress during the period of
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lapsed appropriations.
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034 The Executive Ofrector for Operations or Designee:
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a.
ensures the imclementation of the Contingency Plan for Periods of Lapsed Appropriation.
b, directs the administration of the plan.
c.
approves the lists of employees to be furloughed and those to
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be retained during a period of lapsed appropriations.
s d.
issues notice of general information on agency funding to all employees.
(See Exhibit 2.)
e.
ensures the implementation of responsibilities involved in maintaining essent.ial functions when all funds are exhausted, f.
authorizes the notification of the Office of Management and Budget (OMB), the Office of Personnel and Management (OPM),.
the Department of Treasury (Tres), and the General Services Administration (GSA) if shutdown exceeds 30 days.
authorizes issuance of furlough notices to non-essential g.
employees and, where applicable, to any employees retained for shutdown functions as these functions are completed.
h.
reviews and adjusts, if necessary, the lists of employees to be retained or furloughed during period of lapsed appropri-ations.
1.
authorizes issuance of notices of extended furloughs if shut-down exceeds 30 days.
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.035 The Executive Legal Director:
provides the Executive Director for Operations with legal a.
advice regarding shutdown activities.
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036 The Controller and Director of Resource Management:
determines at the earliest indication of funding difficulty a.
the amount of funds available to operate.
b.
determines time period that the agency can operate before shutdown activities must begin.
c.
reallocates, to the extent permitted, all available funds in 1
order to forestall the fund-interruption date as long as possible prior to initiation of orderly shutdown activities.
i d.
notifies the Executive Director for Operations when all available funds h, ave been exhausted.
I e.
concurs in actions needed to maintain the minimum level of essential functions when all avaiiatie funds are exhausted..
Also, insures that funds are not disbursed.
i f.
processes personnel payrolls for periods prior to fund inter-ruption.
r g.
inventories all payroll and other financial records to facili-tate transfer to Treasury.
h.
transfers payroll records and other financial functions tl0 the Department of Treasury if a lapse in funding exceeds 30 days.
i.
ensures that no contractual or other financial obligations are entered into after funding lapse begins.
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037 The Director, Office of Administration, or Designee:
consults with the employee's union regarding actions that will a.
l impact employees represented by the union.
b.
reviews and issues furlough notices to all non-essential employees.
(See Exhibit 3.)
4 c.
processes personnel records in connection with issuance of furlough notices.
d.
inventories all other records to facilitate transfer to OPM and GSA.
inventories all p'ersonal and real property to facilitate trans e.
-fer to GSA.
f.
issues "stop work" orders to NRC contractor's wher, all funds are expended.
See Exhibit 6.
g.
issues termination notices to NRC contractors when shutdown exceeds 30 days.
See Exhibit 7.
h.
prepares to transfer custody of personnel records to OPM and GSA jointly if shutdown exceeds 30 days.
(See Exhibit 4.)
i 1.
prepares to transfer all personal and real property to GSA if shutdown exceeds 30 days.
(See Exhibit 5.)
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prepares to transfer custody of facilities to GSA.
k.
notifies OPM of transfer of personnel records jointly to OPM and GSA when shutdown exceeds 30 days.
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037 (Continued) 1.
contacts GSA to determine disposition of non-personnel records, real and personal property, outstanding requisitions, contracts, and other related items if shutdown exceeds 30 days.
issues furlough notices when applicable to employees retained m.
for essential functions as these functions are completed.
(See Exhibit 3.)
issues extended furlough notices to appropriate personnel in n.
accordance with NRC Chapter and Appendix 4170 if lapses in appropriation exceed 30 days.
ensures that no contractual or other financial obligations are o.
entered into after funding lapse commences.
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038 All Office Directors and Regional Administrators:
a.
prepare a list of employees to be furloughed by name, social security number, grade, job title, office division and branch, b.
transmit to the Executive Director for Operations the list of employees to be furloughed.
c.
prepare a list of employees to be retained by name, social security number, grade, job title, function to be performed, office, division, and branch concomitant with the number of persons to be retained by each office for essential functions.
(See Appendix 1302 Part IV.)
d.
transmit to the Executive Director for Operations the list of employees to be retained for the essential functions listed in Append!x 1302 Part II.
e.
maintain essential functions as delineated in the attached Appendix.
f.
assist the Director of Administration in identifying government property and non-personnel records to be transferred to the General Services Administration, g.
. issue "stop work" order to DOE laboratories when all funds are approved.
See Exhibit 6.
h.
issue termination notices to DOE laboratories when shutdown exceeds 30 days.
See Exhibit 7.
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1302-04. BASIC REQUIREMENTS 041 Applicability.
This chapter and its appendix apply throughout NRC.
042 References.
a.
Antideficiency Act (31 USC 665).
b.
Attorney General's Decision dated April 25, 1980.
c.
Office of Management and Budget Bulletin 80-14 dated August 28, 1980.
d.
Office of Management and Budget Memorandum dated September 30,
- 1980, e.
Attorney General's Decision dated January 16, 1981.
f.
Office of Personne1 Management Memorandum for Directors of Per-sonnel dated September 10, 1980 and March 25, 1982.
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CONTINGENCY' PLAN FOR PERIODS OF LAPSED APPROPRIATIONS NRC App:ndix 1302 PART I INTRODUCTION A.
BACKGROUND 1.
In 1974 Congress enacted the Congressional Budget and Impound-ment Control Act which requires Congress to have passed all appropriation legislation by September 15 preceding the start of the fiscal year.
How-ever, since FY 1979 many agencies have suffered lapses in funding.
The NRC was without new appropriations or continuing resolution authority for the first 18 days of FY 1979.
At that time, it was the policy of the Executive Branch to continue normal operations even though Congress had failed to enact either App'ropriations or a Continuing Resolution.
2.
On April 25, 1980, at the request of the President, the Attorney General issued an opinion that the language and legislative history.of the Antideficiency Act (31 USC 665) unambiguously prohibits agency officials from incurring obligations in the absence of appropriations.-
3.
On September 30, 1980, the Director of the Office of Management and Budget circulated a memorandum to the heads of all departments and agencies delineating activities that by law could continue during a period of lapsed appropriations.
Essentially, the memorandum in part i
stipulated that agencies may continue to:
provide for national security, including the conduct of a.
foreign relations essential to the national security and safety of life and property.
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'CONikNGENCYPLANFORPERIODSOFLAPSEDAPPROPRIATIONS NRC Appendix 1302 b.
provide for the performance of contract obligations under no-year or multi-year funds remaining available, conduct essential activities to the extent that they protect c.
life and property, including:
(1) activities essential to ensure continued public health
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and safety, including safe use of food and drugs and safe use of hazardous materials; (2) emergency and disaster assistance; (3) activities that ensure production of power and main-tenance of power distribution.
d.
process payrolls for periods prior to fund interruptions; and provide support services necessary to continue these essen-e.
tial functions.
4.
On January 16, 1981, the Attorney General issued another opinion regarding agency shutdown to clarify and broaden the scope of the Ap opinion.
This opinion addressed the "more complex legal questions posed by a general Congress'onal failure to enact timely appropriations, or t proper course of action to be followed when no prolonged lapse in appro-priations in such a situation.is anticipated."3/
1lLettertothePresidentfromBenjaminR.Civiletti,Attorney
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January 16,'1981.
, dated t
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CONTINGENCY PLAN FOR PERIODS OF LAPSED APPROPRIATIONS NRC App:ndix 1302
.In part the guidance contained in the OMB Bulletin and the Attorney General's opinion mentioned above requires'that agencies:
a.
reallocate to the extent legally permissible 'all available funds to forestall the fund interruption date as.long as possible.
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b.
limit operations to minimum essential services at the time that ' spending authority ceases, or all funds are exhausted.
c.
provide support services necessary to continue these essen-tial functions.
1 process payrollsJ or periods' prior to fund interruption..
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d.
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e.
begin shutdown activities when all available funds are exhausted.
t Moreover, the Attorney General recomends that in preparing contingency plans for periods of lapsed appropriations, each government agency pro-vide for the Director of the Office of Management and Budget a written i
description of what the head of the agency, assisted by its General Counsel, considers to be the agency's emergency functions.- OMB will then I
. transmit the list to Congress.
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f CONTINGENCY PLAN FOR PERIODS OF LAPSED APPROPRIATIONS NRC App:ndix 1302
.B.
NRC FUNDING 1.
NRC, since its inception, has had annual appropriations of-
"no-year" funds.
"No-year" funds 'are funds that can be used by the agency until they are completely expended as opposed to-other types of funds of which the unused portion must be returned to Treasury if they are not used by a ce;-tain date.
I 2.
Over the years NRC has not utilized all of its available funds, therefore funds have been carried over into the next fiscal year.. These prior-year funds can be used to fund the agency's necessary activities in times of lapsed approprictions. Based I
on past experienc'e, these carryover funds have been sufficient to fund NRC's necessary activities during times of lapsed appro-priations.
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Part II Essential Functions to Be Continued A.
INTRODUCTION 1.
The Attorney General's decision of January 16, 1981, and the OMB memorandum of September' 30,1980, provide for the continuation of mimimum essential activities and support of these activities when all funds have been 'stilized.
Therefore, in order that NRC carry out its responsibility to protect the health and safety of the public, the following list of essential functions may be maintained during a lapse'in funding or an exhaustion of funds.
Offices lis'ted under each of the essential functions will retain only those employees necessary to perform those functions.
The list of functions is based on NRC's Essentia1'Uninterruptible ~ Functions SECY 77-316; The Atomic Energy Act of 1954,. as amended;.and Executive Order 11953, dated '
January 7,1977.
B.
E.S!ENTIAL FUNCTIONS 1.
Regulation Continue to control the possession, use, transfer, import and export a.
of licensed nuclear materials and facilities.
The Commissioners The Regions The EDO IP NRR ACRS i
NMSS 1
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Health and Safety a.
Assure that Commission-licensed nuclear facilities and activities do not constitute an unnecessary hazard to public health and safety.
- 3 NRR b.
Assure maintenance-of emergency preparedness programs by licensed facilities and activities.
Contingency Plans-a.
Maintain and participate in the execution of contingency plans as.
appropriate for dealing with '.hreats, thefts, sabotage relating to soecial nuclear materials, high-;evel radioactive wastes, and nuclear facilities.
Facility and Nuclear Materials Security and Safeguards a.
Assure the continued maintenance by licensees of security and safe-geards programs at licensed facilities and for nuclear materials.
NMSS The Regions itRR 12 15
5.
State Relations a.
Maintain liaison that is deemed essential with states concerning the j
l Agreement States materials licensing program and the radiological incident emergency planning program.
International Liaison a.
Maintain liaison that is deemed essential with foreign nations with respect to the export licensing programs.
IP 7.
Adjudicatory Proceedings and Litigation a.
Continue adjudicatory proceedings deemed essential to ensuring con-tinued public health and safety, production of power, and maintaining the power distribution system.
OCM NRR ASLBP NMSS ASLAP IE OGC ELD ACRS OPE i
8.
Administration a.
Maintain adequate support staff (clerical / secretarial /administrativel to facilitate shutdown and t'o support essential activities.
All offices maintaining essential. functions and the following offices:
OCA SECY ELD PA OI RM ADM OGC RES 16
Part III Checklist and Timetable for Actions Required During Shutdown A.
INTRODUCTION Actions are required prior to, during, and immediately following exhaustion of all NRC funds.
These actions and the time framas in which they are to be l
l performed follow.
The date indicated in the checklist represents:
(1) wurk days prior to no funds (NF - number of work day),
(2) date of no funds (NF), and (3) work days following no funds (HF + number of work days).
DATES ACTIONS NF-10 The Director, Office of Resource Management (RM), notifies the Executive Director for Operations and the Office of Congressional Affairs (0CA) of potential reallocation of funds to forestall the fund interruption date.
d The Director, Office of Congressional Affairs, notifies the appropriate Congressional Committees of potential reallocation of funds.
The Director, RM, determines the amount of funds remaining and the number of days the agency can operate before shutdown will be required.
The EDO issues notice to all employees (see Exhibit 2) informing them of possible lapse in funding.
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4 DATE ACTIONS NF-7 Office Directors and Regional Administrators prepare lists of employees to be retained and furloughed by -
name, social security number, grade, job title, division, and branch.
For those employees being retained, identify the functions that each employee will perform.
OCA consults with Congress on potential impact of shutdown on NRC and the operation of nuclear plants and the use of regulated materials.
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b DATE ACTIONS i,
- l NF-2 Office Directors and Regional Administrators review and revise as necessary lists of employees to be furloughed.
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Office Directors and Regional Administrators transmit lists of employees to be furloughed to EDO.
The EDO approves lists of employees to be farloughed and submits it to Division of Organization and Per-sonnel.
The Chairman issues notices to all,enployees informing them of possible lapse in funding and furloughs.
The Chairman informs all employees to report for work the following day.
RM notifies the EDO when all funds will be exhausted.
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0 DATE ACTIONS NF-0 Office Directors and Regional Administrators inform j
employees upon reporting for work to perform only those functions associated with the orderly termi-l nation of agency activities, i.e.,
Notify outside parties of agency status.
Cancel meetings, etc.
Secure all files.
Document status of individual cases and projects.
l Date stamp aad secure all mail received but do not process further.
Answer telephones, but only to inform callers of 1
our status and not to respond to new business matters unless of an emergency nature.
The ED0 authorize; and the Office of Administration j
(ADM) issues furlough notices to employees not being t
retained to perform essential functions in accordance I
with Manual Chapter 4171.
l Office Directors and Regional Administrators require employees in a travel status to return to duty station l
unless travel is for the protection of public health l
and safety or for purposes of shutdown activities.
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r DATE ACTIONS NF-0 (Continued)
OGC and ELD terminate adjudicatory proceedings and litigation as is legally pemissible.
j Office Directors and Regional Administrators inform employees to listen to radio stations for the status of the agency.
J Office Directors and Regional Administrators excuse personnel receiving furlough notices.
RM infoms all offices that no obligations can be incurred without the Controller's prior approval.
ADM issues stop-work orders to NRC contractors.
Office Directors and Regional Administrators issue stop-work order to DOE offices.
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i DATE ACTIONS NF + 1 The EDO authorizes ADM to furlough any additional employees who have completed shutdown activities.
EDO consults with the OMB and OPM regarding shutdown s
activities..
OCA consults with Congress regarding materials and facilities licenses and operations.
ED0 informs radio stations that handle weather emergencies to announce status of agency.
All Offices and Regions begin inventory of all records.
I All Offices and Regions begin inventory of all per-sonal and real property.
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DATE ACTION i
NF + 2-15 icntinueshutdownactivities.
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DATE ACTIONS NF + 15-28 ADM prepares for transferral of personnel records to OPM.
ADM prepares for transferral of financial functions to Treasury.
RM prepares for transferral of personal and real property to GSA.
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~ DATE ACTIONS NF + 29 The ED0 authorizes ADM to issue furlough notices in accordance with NRC Chapter and Appendix 4170.
The ED0 authorizes notification to 0MB, OPM, GSA and Treasury that NRC will-suspend all operations.
ADM and RM transfer functions, records, and real property to the appropriate agencies.
ADM issues termination notices to NRC contractors.
Office Directors and Regional Administrators issue termination notices to DOE offices.
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PART IV Office Support for Essential Activities A.
INTRODUCTION During the development of the Shutdown Plan, the riumber of employees to be
' retained when all NRC funds were exhausted was also developed -
Therefore, the list reflects office strength and orcanization at the time of development of the plan.
Future implementation of the Plan may require adjustment of these numbers.
Similarly, as shutdown activities are completed, additional employees will be furloughed.
B.
OFFICE STRENGTH DURING PERIOD OF LAPSED APPROPRIATIONS l
The following are the estimated number of employees, for each office, required to carry.on the essential functions of the agercy:
l No.
No.
l Office Empl.
Office Emp1.
i Tho Comission Staff 10 Office of Resource Management 25 Atomic Safety-and Licensing 5
Office of Equal Employment 1
Board Panel Opportunity Atomic Safety and Licensing 5
Office of International Progrwns 2
Appeal Panel Office of State Programs 8
Advisory Committee on Reactor 4
Safeguards Mfice for Analysis and Evaluation 2
of Operational Data l
Office of Inspector and Auditor 1
Of'fice of Nuclear Material Safety 60 l Office of Policy Evaluation 1.
and Safeguar.ds l Office of the General Counsel 5
Office of Nuclear Reactor Regulation 100 j Office of the Secretary 10 Office-of Nuclear Regulatory 20 Research Office of.Public Affairs 5
l Offic] of Investigation 2
Office of Inspection and Enforce-12 ment Offics of Congressional Affairs 2
Office of Small and Disadvantaged 1
Executive Director for Operations 6
Business Utilization Staff Regianal. Offices 200 Office of Administration 60
- c. Office of the Executive Legal 30 Director-TOTAL 577 26
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EXHIBIT 1 uS UNITED STATES g b' l IT
%7 0,#
NUCLEAR REGULATORY COMMISSION ANNOUNCEMENT NO.
DATE:
TO:
All NRC Employees
SUBJECT:
AGENCY FUNDING As of today, NRC has expended all funds available to continue normal staff operations.
The Antideficiency Act prohibits the agency from incurring obligations in the absence'of appropriations.
Therefore, NRC is required to cease operations except for activities related to shutting down the agency.
The NRC by statutory authority must continue to protect the health and safety of the public.
Therefore, those services deemed essential to public health and safety will continue.
All employees are to report to work tomorrow.
It is hoped that obligational authority has cleared the Congress at this time.
If it does not, non-essential employees will be furloughed.
We will keep you advised as the '
situation changes.
Chairman or Executive Director for Operations I
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%C Form 9 (!/76) t 27 t
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EXHIBIT 2 o
E UNITED STATES t
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NUCLEAR REGULATORY COMMISSION ANNOUNCEMENT NO.
DATE:
a TO:
All NRC Employees
SUBJECT:
GENERAL INFORMATION ON AGENCY FUNDING Each year Congress must enact legislation by October 1 to provide new funds for agency operations. 'In the event that Cengress does not pass an appro-priation act or continuing resolution by October 1, the NRC will be limited to using the relatively small amount of unobligated funds available at the end of the year plus whatever funds can be deobligated and reallocated to sustain the agency's operations.
We may be required to comence activities to achieve an orderly shutdown' of agency activities, including imediately furloughing all those employees whose services are not needed to help accom-plish the shutdown or to protect the public health and safety.
Additionally, those employees who are needed to help accomplish the shutdown will be fur.-
laughed as soon as shutdown activities are completed.
Pursuant to direction from OMB and consistent with guidance from the Attorney General, NRC has developed the NRC Shutdown Plan which provides for the orderly shutdown of NRC in the event of a lapse in appropriation.
This Plan provides for the conduct of only that business necessary for the orderly termination of agency activities, and protection of life and property.
Such business may only include:
Notifying outside parties of agency status.
Cancelling meetings, etc.
Securing all files.
Documenting status of individual cases and projects.
Date stamping and securing all mail received without further processing.
Answering telephones, only to inform the caller of our status and not to respond to new business matters unless of an emergency nature.
We do not anticipate a permanent lack of funding.
However, we still feel this notice is necessary for your general information should a short lapse occur.
In the event a lapse occurs, supervisors will refer to the NRC Shut-down Plan for specific guidance.
The following paragraphs sumarize acti6ns that.could occur and your rights relating to these actions if there is a period of lapsed funding.
NRC per-sonnel will be divided into two categories:
(1) employees in a nonpay, NRC Fcem 9 (1/16) 28
2 nonwork or furlough status and (2) those in a deferred-pay work status.
Employees in the nonpay, nonwork category will be furioughed at the time the agency is required by law to maintain only minimum essential functions. The latter group will be retained to-conduct NRC functions related to minimum essential' functions.
However, they too may be furloughed after their duties relating to shutdown are completed.
In the event of lapsed funding, Office Directors will identify those employees in each of the two categories.
sl.
- Pay, Employees who are retained during a lapse in funding will be paid for those hours worked if Congress appropriates funds retroactively, i.e.,
if,when funds are appropriated, that appropriation also covers the period of lapsed funding.
No monies will be disbursed during lapsed appropriations.
Employees who are furloughed will, of course, receive no pay because no work was performed.
2.
Furlough Employees who are not retained for shutdown activities will be fur-loughed in accordance with NRC Chapter 4171, Separations.and Adverse Actions, and the collective bargaining agreement.
A furlough does not constitute a break in service.
3.
Annual or Sick Leave Status Employees in a leave status on October 1 risk not being compensated for that leave if funds are not appropriated retroactively.
In the past, j
funds have been appropriated retroactively.
4.
Annual and Sick Leave Accrual Leave is not accrued during a lapse in funding.
Persons in a nonpay, work status may be credited annual and/or sick leave retroactively on a pro rata basis if, when funds are appropriated, they are appropriated retroactively.
j.
Persons on furlough status will not receive leave for the period they are furloughed if this period exceeds 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br />.
5.
Retirement and Service Credit i.
Retirement coverage continues for all employees (furloughed or retained) providing the agency is still in existence.
Service credit is granted l
if the furlough period does not exceed an aggregate of six months in one I
calendar year 1
Eligibility for early retirement is not triggered by a temporary lapse
~in funding.
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Health and Life' Insurance.
-Health Benefits and Regular or Optional Life Insurance coverage can continue up to 12 months for'all employees' (furloughed or retained) if the agency is still in existence.
1This-notice constitutes a general notice of furlough and is not subject to appeal or administrative review.
The specific notice of furlough which you will receive should it be necessary to furlough you will tell'you about any
.m
' appeal or review rights-which you may have and how to exercise them.
If we have not issued to you a specific rotice of '9rlough by (NF plus about 5 workdays)
, or if we have not extended -the expiration date of this notice, i
-it will have expired and you may disregard it.
William J. Dit-cks Executive Directo- 'or Operations CONTACT: 1M. Weston 49-29863 R. Shumway 49-27988 1
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION 1
o WASHINGTON, D. C. 20555
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- MEMORANDUM FOR
- - Employee's-Name FROM:
. Director, Dit ision of Organization and Personnel I
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SUBJECT:
' FURLOUGH NOTICE 5
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You'are hereby officially noti 9ed that because of a lack of funds, the NRC can no longer continue its nor.wl operations.
Therefore loughed as of close of business today, (month, day, year),.you will be fur-
.This action is being taken under the furlough provisions of the'0ffice of
' Personnel Management (OPM) reduction-in-force regulations, and NRC regulations contained in NRC Chapter and Appendix 4171.
Normally those regulations require that the effective-date of the furlough be no less than 5 days from e
the date of the specific notice-of furlough.
However, because the agency lacks. funds to legally-pay nonessential employees during this notice period, the 5-day notice period is being waived under authority of the OPM regulations.
If you believe that this action is improper, you may appeal it to the Merit-
' Systems Protection Board (MSPB).
You may file the appeal after the effective date of the action, but not later than 20-calendar days after the effective
- date, i
a h
.In addition, if you are a bargaining unit employee, you may file either an
. appeal with the MSPB, or a grievance under provisions of the collective bar-j
.. gaining agreement with the employees' exclusive. representative, but not both.
zProcedures governing grievances are contained in the collective bargaining l
agreement.
i When funding is provided by the Congress, we will notify all employees through
.public. news media (radio, television ~and newspapers) to return to duty, you will:be expected to report for work at the beginning of your next regular tour of duy after such notification, i'
t
. This action is-not in any way a reflection on your perfonnance, conduct, character, or loyalty. LYour contribution to the NRC is appreciated, and the
-necessity for this action'is sincerely regretted.
i i
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I
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GSA DRAFI JUNE, 1980 x
Specific Guidelines for Records Disposition in conjunction with an
~
. orderly temin6 tion of act'iities due to funding interruption c
Tne records of executive agen'cies whose functions are terminated or in the
-process of liquida tion..are expressly subject to 41 CFR 101-11.4.
Upon nc,tice that the agencier appropriation or a continuino resolution has not been approved, the headquarters office responsible for records man'agement should contact the GSA National Archives and Records Service, Office of Federal r
Records Centers (72?-1614) to discuss records disposition procedures.
Staff
. members of.the Office of Federal Records Centers are available to provide advice and assistanca'in determining the appropriate disposition of the records.
4 Under these circumstances the agency is responsible for the following activities.
Relevant reference materials and foms are listed at the end of this attachment. Tne forms and handbooks will be provided by the Office of Federal Records Centers.
1.
Prepare inventory of records on hand in agency using GSA Fom 3119
" Files Survey Record." Records which are security classified, subject '
to court ordered " freezes" on disposition, or involved in claims and litigation should be identified.
t 2.
Identify and segregate personal papers of officials frcrn official agency D
Ensure that only personal papers are renoved from Federal records.
custody.
3.
- Destroy non-record materials.
I 4.
Apply approved agency records disposition schedule and the general records schedules to qffect disposition of imr.ediately disposable records.
5.
Offer to National Archives and Records Service on a SF 258, " Request to Transfer. Apcroval, and Receipt of Records" any unscheduled I
pemar,ent records.
6.
Prepare-SF 135,'" Records Transmittal and Rec.cipt." for scheduled temporary and pemanent records that will be sent to the nearest Federal Archives
' and Records Cer.ter.
7.
Draw up a disposal list of unscheduled temporary records for which imediate destruction is requested.
Submit to HARS on a SF 'll5, " Request for Records Disfesition Authority."
_8.
'Subrut SF 115 for unscheduled records with unexpired administrative, legal, or fiscal value for storage in the FARC.
S.-
Take no action to bux or' ship records until specific instructions are j
received from -GSA's National Archives and Records Service.
32.
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1.
-Federal Property Managenent Regulations (FPMR) 101 -11.4 which discusses the establishment and maintenance of a disposition program; GSA FPMR Bulletins B-46, procuring boxes; B-57, Privacy Act informa tion for records stored in the FARCS; B-65 and.99, personal papers.
2.
Disposition of Federal Records handbook (Federal Stock No.
J10-01-055-8704 )
e 3.
Federal Archives and Records Center handbook (Federal Stock lo. 7610-00-298-69 4.
General Records Schedules Agency records disposition schedules th t have been approved by the 5.
A Archivist of the United States.
Forms Needed:
CA 3118. " Files Survey Record"
. SF 115, " Request for Records Disposition Authority" SF 135, "Re:ords Transmittal and Receipt" SF 25S, " Request to Transfer, Approval, and Receipt of Records to National Archives of the United States" In cases where litigation is involved the applicable files shall be scree.ned by the holding agency for harm to the Government if any of the records are relecsed under a Freedom of Information Act request.
A certificate shall be attached to th,e records involved of the harm to either Department of Justice litigation and possibl e Internal Revenue Service action if the records are made public under Freedom of Information Act requests.
A format for the inventory is attached.
e 9
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NHLIST. T S D h 4-Pb G.sA
, - ~ ~
- Spec ~ific Guidelines for the disposition of _Real and Personal Pronerty in cohjunct6 ith an orderly tent.ination of activitics due to fundin2 interruptions w
~
The real and p'ersonal property of agencies whose functions are being
{
tenninated or in the process of _ liquidation are subject to the procedures contained in'41 CFR iOl-47 and 10143 respectively.
Upon notification that the agenc y's appropriation or 'a continuing resolution has not been approved the headquarters office responsible for property managenent will notify the GSA Federal Property Resources Service (FPRS).
Officials of FPRS will be available to consult with agencies' officials. ___..
concerning the orderly disposition of property.
t Under these' circumstances the agency is responsible for the following L
activities.
Relative reference materials and forms are listed at the en'~ ~~
d
. of ~ this attachment.
1.
Conduct an inventory of real and personal property or review the exis,ing inventory to determine if it is up to date.
2.
Take action to prepare a Report of Excess Personal Property, Standard Form 120, in accordance with 41 CFR 101-43.311 for all personal property anticipated to be reported excess if th( appropriation or a continuing resolution is net enacted.
3.
Take action to prepare a Report of Excess Real Property, Standard. Form 118, or on other appropriate forms, in accordance with 41 CFR 101-47.2C2,
for all real property anticipated to be reported e> cess if the appropr at or a contir.uir:9 re!.clution is not enacted.
6 4.
Reports will.be sulcitted to the GSA regional of fice servinc the area where the property is located.
5.
As part of their tennin.ition activities, inencies shall retain custody of all extsss personal oroperty uritil dispositian action is' directed by GSA.
Agencies shcald also retain custody of all excess real property and snall poeter= essencial nhysical care, handling, protection and
- maintenarce v.d recairs until disposition acticn is directed by GSA.
L Refere nces: -
Federal Property Managaient Regulations, 41 CFR.101-43 Utilization of Persanal' Property.. 41 CFR 101-47. Uti.lization and Disposal' of Real Property.
Forms:-
3F 120, Report of Excess Personal Property i
SF.120A, Continua tion ~ Sheet Instructions for preparing SF 120 o
A.
34 7
r,
.g.,
~
,y.
SF 121, A' nnual lleport of Utilization and Disposal of Dcess Personal Property
- r w.
Instructions for preparing SF 121
(
SF 118 3.-
Report of bcess Real Property p
- llBa, Buildings, Structures, Utilities and Miscellaneous Facilities L
- 118b, Land b
L
- 118c, Related Personal Froperty Instructions for preparing SF 118, 118a, b, and c I
G d 9e
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35 s
m "ne:
EXHIBII6 o
UNITED STATES E
. NUCLEAR REGULATORY COMMISSION o
p-*
i WASHINGTON, D. C. 20555 (Date)
ABC Company i
e Gentlemen:
SUBJECT:
Stop Work Order for Contract No.
In accordance with clause
, STOP WORK ORDER, of the General Provisions of subject contract, you are hereby required to stop all of the work ~ called for in the subject contract for a period of ninety (90) days after your date of receipt of this Stop Work Order.
Sincerely, NOTE:
For DOE work, the contract number should refer to FIN and l
' the first phrase should refer to NRC Manual Chapter 1102, j.
Exhibit 4, paragraph 7.
s
)
36
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4,'
EXHIBIT 7
'+.g;;'garer o
A, UNITED STATES y-g
. NUCLEAR REGULATORY COMMISSION
.g, y~
WASHINGTON, D. C. 20655 A
/
(Date)
ABC Company Gentlemen:
The body of this termination letter should conform with 41 CFR1-8,801.2, the federal procurement regulations.
Sincerely, 37
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