ML20154L313
| ML20154L313 | |
| Person / Time | |
|---|---|
| Issue date: | 05/16/1988 |
| From: | Zech L NRC COMMISSION (OCM) |
| To: | Brooks J HOUSE OF REP. |
| Shared Package | |
| ML20154L316 | List: |
| References | |
| NUDOCS 8805310249 | |
| Download: ML20154L313 (2) | |
Text
.
PD P-S UNITED STATES
/
o NUCLEAR REGULATORY COMMISSION 3
g i
wassiworow, o. c, rossa k *... + o#
May 16, 1988 CHAIRMAN The Honorable Jack Brooks, Chairman Subcommittee on Legislation and National Security United States House of Representatives Washington, D.C.
20515
Dear Mr. Chairman:
This responds to your April 4, 1988 request for the Nuclear Regulatory Commission's (NRC) views on H.R. 4139, the "Inspector General Act Amendments of 1988," which has recently been referred to your Subcommittee.
This legislation would establish a statutory Inspector General within the NRC to carry out the internal audit ana investigative functions currently performed by our Office of Inspector and Auditor.
While the Commission previously indicated that it did not object to a statutory inspector general as part of legislation reorganizing the NRC into an agency headed by a single administrator, a majority of the Commission also recognizes that a statutory inspector general could work equally as well under the Commission form of governance or under a single administrator.
We would like to emphasize that if H.R. 4139 is to be adopted, one change should be made.
If H.R. 4139 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 compensated pursuant to the Classification Act.
This is inconsistent with section 161 d. of the Atomic Energy Act of 1954, under which the NRC appoints its employees to the excepted service.
The NRC is not covered by some civil service laws (for example, the Classification Act and parts of the Civil Service Reform Act such as merit pay or statutory grade and pay retention), nor are ve subject to Office of Personnel Management regulations covering General Schedule employees or those pertaining to Civil Service registers.
Thus, a most undesirable effect of H.R. 4139 would be to create a dual personnel system within the NRC--one for employees of the Inspector General's office and one for the rest of the agency.
This weuld create an administrative burden and could lead to unequal treatment of employees.
Therefore, we strongly urge that any legislation enacted amend Section 6 of the Inspector General Act so that it would not include the NRC Inspector Generc1's office.
It would be useful if there were legislative history 8805310249 880516 COMMS NRCC PDR CORRESPONDENCE PDR
2 indicating that sections 3(d) and 9(d), which refer to "applicable laws and regulations governing the civil service" and "position compensated in accordance with the General Schedule
" are not applicable to the NRC Inspector General.
We appreciate your consideration of our views.
Sincerely, h/.
!rs,
Lando W. Ze
, Jr.
cc:
The Honorable Frank Horton i
I l
- l 5
4
_. _ _... _ _., _