ML20153G062
| ML20153G062 | |
| Person / Time | |
|---|---|
| Issue date: | 04/07/1988 |
| From: | Zech L NRC COMMISSION (OCM) |
| To: | Brooks J HOUSE OF REP., GOVERNMENT OPERATIONS |
| Shared Package | |
| ML20153G067 | List: |
| References | |
| NUDOCS 8805110130 | |
| Download: ML20153G062 (2) | |
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[e*"cuq'o UNITED STATES
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. NUCLE AR REGULATORY COMMISSION W A$mNGTON, 0. C. 20555 y-
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April 7, 1988-ewA as The Honorable Jack Brooks, Chairman Subcommittee on Legislation.and National Security Committee.on Government Operations United States House of Representatives Washington, D.C. 20515
Dear Mr. Chairman:
This responds to your March 1, 1988' request for the Nuclear Regulatory Commission's (Commission) views on S.908, the "Inspector General Amendments of 1988", as passed by the Senate.
This legislation would establish a statutory Inspector General within the Commission to carry out the internal audit and investigation functions now performed by our Office of Inspector and Auditor (OIA).
The Commission does not quarrel with the concept of an inspector general, although it sees no need for the establishment of a statutory inspector general in view of our existing internal audit and investigation office, OIA.
While the Commission has l
previously indicated that it did not object to a statutory inspector general as part of legislation reorganizing the
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Commission into an agency headed by a single administrator, a l
majority of the Commission, on further reflection, recognizes that a statutory inspector general could work equally as well under the Commission form of governance as under a single administrator, f
We would like to emphasize that if S.908 is the proposal to be
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adopted, the Commission believes one change should be made. If S.908 is enacted, pursuant to Section 6 of the Inspector General Act of 1978, employees of NRC's Inspector General's Office would be appointed subject to the provisions in the United States Code governing appointments in the competitive service and would be paid pursuant to the Classification Act.
This is inconsistent with Section 161 d. of the Atomic Energy Act of 1954,~under which the Commission appoints its employees to the excepted service.
The NRC is not covered by some civil service laws (for example, the Classification Ac t, and parts of the Civil Service Reform Act-such as merit pay or statutory grade and pay retention) nor are we subject to Office of Personnel Management regulations covering General Schedule employees or those pertaining to Civil Service registers.
Thus, tn extremely undesirable effect of S.908 would be to create a dual personnel system within the NRC -- one for employees of the IG office and one for the rest of the agency.
This would create an administrative burden and could lead to unequal treatment of employees.
Therefore, we would strongly urge that any legislation 8805110130 B60407 COMMS NRCC PDR CORRESPONDENCE PDR,
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i l l enacted amend Section 6 of the Inspector General Act so that it would not include the NRC Inspector General's office.
Legislative history indicating that sections 3(d) and (9)(d), which refer to l
"applicable laws and regulations governing the civil service" and "position compensated in accordance with the General Schedule...",
would not be applicable to the NRC IG would also be useful.
We appreciate your consideration of our views.
i Sincerely, b.
bd.
Lando W Zech, Jr.
cc:
The Honorable Frank Horton I
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