ML20154L603
| ML20154L603 | |
| Person / Time | |
|---|---|
| Issue date: | 08/20/1997 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Diaz N, Dicus G, Mcgaffigan E NRC COMMISSION (OCM) |
| Shared Package | |
| ML20154K820 | List: |
| References | |
| NUDOCS 9810200011 | |
| Download: ML20154L603 (3) | |
Text
., _._. _ _ _._ _ _
~ _ _.. -. _ _. _. _ _ - _ _
I
, p p ace
.. pP
- UNITED STATES
.j g
g NUCLEAR REGULATORY COMMISSION g-p_
wasamoron. u.c. 2osss.ooot s.
/
+.*
August 20, 1997 h
CHAMMAN l
MEMORANDUM TO:
Commissioner Dieus Commissioner Diaz P
Commissioner McGaffigan
. FROM:
SUBJECT:
OFFICE OF INSPECTOR GENERAL BUDGET
-- After careful and detailed review of applicable statutes, I have d termined that the Office of inspector General's (OlG) budget for FY 1999-2001 is not subject to review by the Commission.
The IG Act of 1978 (Act) broadly introduced the IG concept to the civilian side of the Federal Govemment. In 1988, the Act was amended at section SE to establish IGs in 33 desianated federal entities (DFEs), and at section 11 to establish approximately 24 IGs for g;tablishments.
i The Act as amended, in 1988, at section 11(2) included the Nuclear Regulatory Commission (NRC)in the list of establishments.
q The DFE IGs and the ' stablishment l' s are similar in many respects. For example, under the e
G Act, as amended in 1988, both reoort to and am under the oeneral sunervision of the head of '
the DFE or establishment.' Sgg Act as amended, at sections 8E(d) and 3(a). Also, the DEE Ifag and the est&U;shirient IGs have similar duties and responsibilities including investigations, cudits, and subpoena authonty. See Act at sections 3(a),.4, and BE(d).
The DEg and establishment IGs however, differ in at least three significant, distinguishing, and co.d un;ng respeds. These primary differences lead to the conclusion that the NRC IG and its budget are independent.and not subled to approval by the Cein.v.i.sion. First, under section 3(a) of the Ad, the Piesident appoints (and may remove) establishment IGs. subject to Senate
- conf.n..id;en, rather than the agency head, as in the case of the DFE IGs. San section 8E(c).
Whlie establishment IGs are subject to reporting and general supervision by the head of the estabbshment, because they are Presidential appointees. (Ilke Commissioners) with individual duties and responsibilities, establishment IGs also share a unique and independent reportmg relationship with the Congress. Sagsection 2(3) of the Act. Second,31 U.S.C.1105(a)(25),
specificaty requires the President to submit a separate appropriation account for eppivpf.40ns
' for establishment IGs. The President is not required by statute to submit a sepaste
'For the NRC, the Act at section.11(1) specifically provides that the head of the establishment is the Chairman ~of theWRC. The Act at section 88 permits the Chainnan of the M8Q to delegate the reportog and supervisory authority to. gag other member of the Cen vi icn. I have reserved /his authority to myself, since I have not exercised a deleg'ation of authority in this area ~.
9810200011 990617 PDR COPMS istCC CORRESPONDENCE PDR g
4
l a
q 2
appropriation account for DFE IGs. For the NRC, this appropriation account is separate from the NRC's salaries and expenses appropriation account, which further evidences the independent nature of the IG and its budget from the associated establishment. Third, for establishments, the Act makes clearin section 2 that although IGs are a part of the establishment, they are to be operationally independent and objective units from the establishment. DFE IGs, on the other hand, appear to be more integrally a part of the DFE and to operate more within the auspices of the DFE.
Consistent with the NRC IG's independent character as evidenced by its unique reporting relationship with the Congress by virtue ofits Presidential appointee status, its statutory requirement to keep the Congress informed (section 2(3) of the Act), its operational independence from the Commission, and its appropriation account that is separate from the NRC's salaries and expenses account, I conclude that the IG has independent budget authority that is not subject to Commission approval. Under the statutorily required general supervision and reporting relationship with the Chairman, the NRC OlG has coordinated its budget with the Chairman.
I have revised the guidance on the proposed FY 1999-2001 budget consistent with this decision and attached a copy of the final guidance.
I consulted with the General Counsel regarding this matter, and she has no legal objection to this approach.
Attachment As stated cc:
H. Be!!, IG J. Callan, EDO J. Funches, CFO K. Cyr, OGC I
l I
4
.m_.-me..;,e sE4amea_4, dam
-Mm.m a46_em h
.mtee
.4
..._a_ed. mas A 4-2,._4 Jm.E 4e.4,_4W d44a-w %4 A *46&mewad._m.
.a R.A,4a _A(wha.m_A.,
4_
.c.,As_4,ef 4amh 4 A,w aA4
-s6a4.,,#,..
a h
k t
t t
I I
I F
i i
r h
ATTACHMENT 4 t
1 1
4 6
I 1,
lP l
I
,_. _ _