ML20202A875
| ML20202A875 | |
| Person / Time | |
|---|---|
| Issue date: | 12/23/1983 |
| From: | Hayes B NRC OFFICE OF INVESTIGATIONS (OI) |
| To: | Bird P NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20199L935 | List:
|
| References | |
| FOIA-98-361 NUDOCS 9901280301 | |
| Download: ML20202A875 (4) | |
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~ WASHINGTON, D. C. 20555 g [ December 23, 1983 MEMORANDUM FOR: Paul E. Bird, Director Division of Organization & Personnel
/ Office of Administration f ._ _ .2 _..
FROM: til. Hayess Director i ffice of Investigations <
SUBJECT:
30SITIONDESCRIPTIONSFOROPMREVIEW N
FOR5USC8336(c)
The Office of Investigations (01) was established by the Commission in July 1982 to"c6HUGEt','suTe'ra s~e and'pfovide quality control for investigations of licensees, applicants, contractors and vendors, including investigations of all allegations of wrongdoing by other than NRC employees (external investiga-tions). 01 investigations primarily involve alleged or suspected violations of Federal laws and/or NRC regulations, including those made criminal by statute.
Particular statutes include the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, the National Environmental Policy Act and relevant sections of Title 18, U.S. Code (e.g.18 UN.C. '371,1001).
As background, the Nuclear Regulatory Commission (NRC) was established as an independent regulatory agency under the provisions of the Energy Reorganization Act of 1974. The NRC's mission is to ensure that the civilian uses of nuclear materials and facilities are conducted in a manner consistent with the public health and safety, environmental quality, national security, and the antitrust l laws. _In fulfilling its mandate, the NRC is authorized "to make such studies and investigations... as the Commission may deem necessary or proper to assist in exercising any_ authority provided in this Act [ Atomic Energy Act of 1954, as 1 amended), or in the administration or. enforcement of this Act."
l As the number of NRC reguleted facilities and activities increased, a concomitant l need arose within the agency for additionel external investigative support. l Therefore in early 122L..tbtNEC established.several investigator positions i (1811 series) within the Office of Inspection..a~n'd. Enforcement:(IE) in Bethesda, ;
Ma ryland. Th Ye pMitibns,' loc'a'ted'withTrf the then Executive Office for Operations Support (X005), were intended to oversee the activities of a small number of NRC investigators already located in the five regional offices. !
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l The XOOS investigators were responsible for the development of policy, criteria !
and program requirements for the conduct of investigations into allegations, j incidents or accidents occurring at or related to NRC licensed facilities and activities. Further, the X00S investigative staff was frequently called upon i
,to conduct or coordinate investigations having exceptional sensitivity or j 1
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b national sign ficance. As the investiert dens per'ormad were (and remain) highly d
complex and involved matters of potential criminality, including violations of .
the Federal Criminal Code, NRC regulations made criminel by statute and the Atonic Energy Act of 1954, es anerded, a small cacre of experienced criminal investigators was hired to meet NPC's needs.
Eecause of the highly scphisticcted reture of the investigaticrs, and since the NRC had neither e training facility for irter.t'gaters ror a reservoir of qualified internal candidates frem which to d*aw, it was acessary to go outside the agency to obtain the esperienced personnel needed for the f.rtgram. Prior experience as federal criminal dovestigators was considered a requirenent for all candidates and was a major factor in the selectior ef the individuals who were to fill these positions.
CPM was requested by the NRC in August 1970 te review the re!itier description for the investigator position in X005 and to deterrine ..hether it was consistent with the definition cf "lew enforcement cfficer" as set forth in ~ U.S.C. 8331(20).
Ccnsistent with the agency's belief ttti it wes. the 'AC, fros' the beginning hac redc retirement deductions of 7D and agency contributiens c' ii' 'o the en-ployees concerned. On November 4,1979, the Acting Chief cf CPM's Benefits Policy Staff, Mr. Kenneth H. Glass, replied to the 'PC in ur'tirg. Fis letter advised that the X005 investigator position wes coverec' urcer 5 U.S.C. 8336(c) in the adninistrative category.
}Priortothis,byletterofJune 21, 1976, OPM (then t'SCSC) acvised that incun-
, bents of the investigator positior.s in the Office o' Inspector end Auditor, who pPrform internal investigaticr.s, were Coverec under sicticn 2'd 6(C'.
Since 1979, the GRC's external investigative needs heve increased dra .atically and the investigetive function itself has evcived frcr a re't Hvely low profile unit within the Office of Irspection and Enforcement (IE) tc tre present Office cf Investigations (01), a highly visih4 elcrcent which reports direct 1.. tc the Ccr.ri s sion. As the investicative #un" dtr a clvec' n i s presert Et:tus, occitional IS11 persc nre' ve-e 6d red; Meeve , w,d'e "= m.-h ec c' investi- "
gatcrs anc the visibility e' the sf nction increem t e c t'es c' the Head-quarters and T eld investicative perscrnel rercine: essertiai b the scre. The
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'csition descriptions were updated es necet 52"y tc re'icct rew Or(trinticr i erd reporting requirenents. h.: :n v stil. Ecc t't es .
ate'.i re' W td ttc dutdes c' thc 4r.cutber.:s as the'investigat ve f.a -+.i - calvec. W example, the G3-IS11-14 pesticn certified by Mr. Glass *.:G .P' Eet'pter within Y005) is essentially the scre as the invutigitar per.tien i:ermi7ec as :r,estigatcr ,
(Operations Officer) within the Office of IT.esticaticns.
The Office o' Ir.vesticatitrs (C:1 has been ie ex4 ! ten;e for a litt'e rcre ths.r a year. As tne NRC investigative furctitt ncv appeirs to h6ve achieved both cr-cenizational erd numerical statility. it d t recsested ine OPM review all cf tne currer.t investigativc positiens, as well as those prNec ed in the near future, fcr consistency with 5 L.S.C. F331(20). It 's felt that te ete positions are
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1 Paul E. Bird now, and have been, covered under the provisions of 5 U.S.C. 8336(c), and where applicable, retirement deductions of 71% and agency contributions of 74% have been and continue to be made.
The position descriptions being submitted for OPM certification are identified below. Also identified is whether the position is primary or secondary, and if the latter, whether it is a supervisory position or an administrative position:
1 A. The following positions are identified as positions, i.e., with duties which primarily require the investdgaMon, apprehension or detention l of persons suspected or convicted of offenses against the criminal laws of the United States.
p) Senior Investigator, GG-(1811)-14 (TaskLeader)
Office of Investigations Field Office J) Investigator, GG-(1811)-13 Office of Investigations Field Office d Investigator,GG-(1811)-12 Office of Investigations Field Office p Investigator, GG-(1811) .11
Office of Investigations Field Office J)' investiator, GG-(1811)-13 Office of Investigations Field Operations Investigator,GG-(1811)-12 f [ Office of Investigations Field Operations i The following positions are identified as sicondahr positions, i.e., with duties which includedlipie'rvisi_ng)subordina(tes%ho are directly engaged in j primary duties as seYtorfh Tn A: !
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7- Supervisory Investigator, GG-(1811)-14 Director, 01 Field Office .
Si Supervisory Investigator, GG-(1811)-15 Director, Field Operations l The following positions are also identified as secondary positions; however, they are in the administrative category, i.e., executive or managerial positions which
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- 9) Policy and Special Projects Assistant, GG-(1811)-15 fSenior Investigator) ,
- ^ .' Senior Investigater, GG-(1811)-14 (Operations Officer)
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"(!!cte : This essertially is ite tem positiu. w .ich r was certified by CPf' in Nevenber 1979).
For yeu 'arther irfortr.ation, 01 personnel ec:r.4r.g '
ur.dsr tre provisions of S !
U.S.C. 2336(c) are appro).inately 30 in nu:cer. r <lhile this Of #'ce my acquire additiont,1 investigators, it is not likely that ccvered ;,ersenrel will ever ,
exceed a total of 30. 01 investigators have been primarily d>'twn fren the
- ricinal investig6t"ve ranks of. the FEI, DEA, E ATF, IRS, .trny C:D art the Naval Ir.vestigative Ser'.'ce (NIS).
try positions created in the future t;hich ndgnt cone uncer the provisier.F nf E 0.f.C. E336(c) will be submitted to CPt' fc,r review. Altc, the positions cf the 09ector and the Deputy Director will be subnitteo se; arc eiy 4r the near future. Ycur prerTt censideration of this matter is c;precyted. S*,ould you ,
require '.irther information, please cor. tact ry Pregrar. Assistant, Ms. Folly Schofielc, at 492-7246.
, Attachments
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