ML20202B182

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Requests Approval for General Retirement Coverage of Position of Ig Under Provisions of 5 Usc 8336(c)
ML20202B182
Person / Time
Issue date: 11/15/1989
From: Bird P
NRC OFFICE OF PERSONNEL (OP)
To: Shapiro I
OFFICE OF PERSONNEL MANAGEMENT
Shared Package
ML20199L935 List:
References
FOIA-98-361 NUDOCS 9901290012
Download: ML20202B182 (6)


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l _,,, UNITED STATES 3 NUCLEAR REGULATORY COMMISSION l  ; g Ta a wAsHmcToN. o. c. 20sss

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NOV 15 1989 l

l Mr. Irving Shapiro, Chief l Disability & Special Entitlements Division Office of Personnel Management (OPN) 1900 E Street, N.W.

Washington, D.C. 20415

Dear Mr. Shapiro:

The Inspector General Act Amendment of 1988 established a statutory Office of I,0spector General (OIG) within the Nuclear Regulatory Commission effective April 17,1989. This Office is responsible for providing leadership and recom-mending policy for investigative activities designed to promote economy and l

efficiency in the administration of, and to prevent and detect fraud, abuse or l

criminal activity in Commission programs and operations. Speci ficall y, the Office is vested with the authority to initiate investigations, issue subpoenas and recommend action to the Commission in regard to findings resulting from criminal investigations and financial and management audits conducted by OIG.

The NRC, therefore, requests OPM's approval for general retirement coverage of the position of Inspector General (IG) under the provisions of 5 U.S.C. 8336(c). j l

This request for general coverage is based upon the Agency's experience over the l l i

past fourteen years that detailed knorledge and strong experience in the field of criminal investigation and law enforcement are essential requirements for the

! position. The Office of the Inspector General is responsible for providing i policy direction for and conducting, supervising and coordinating investigations l

relating to all NRC programs and operations. The IG will keep the Chairman and the Commission fully and currently informed concerning criminal activity, fraud, l abuse, and deficiencies related to the Agency's programs and day-to-day operations. In this capacity, the IG will recommend corrective actions and pursue their implementation, and will expeditiously refer criminal matters to the Department of Justice.

Enclosed is the position description for the position of Inspector General which describes the breadth of responsibility and sensitive activity which will be performed by the Inspector General and which supports the Agency's determination l

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9901290012 990111 PDR FOIA l

FOSTER 98-361 PDR t .c. .. .

Y, Mr. Irving Shapiro, Chief Page Two NOV 2 5193g that the position satisfies the criteria for general coverage under the -

provisions of 5 U.S.C. 8336(c). Please advise us as soon as possible of OPW s '

decision for this posi tion. If you hr e questions or need additional i information, please call Debbie Chan of my staff on 492-4236.

Sincerel y, Original signed by f3wiwftu.s  :

Paul E. Bird, Director Office of Personnel i

Enclosure:

As stated DISTRIBUTION:

D. Chan #

B. Williams J. Browning OP r/f8 WOA r/f CFoster, OIG

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    • C. Foster concurred via l

. fax - See attached.

OP: WOA OP: WOA OP: WOA 01G OP: 00 DChan* BWilli ams* RELoach* CFoster ,h 10/26/89 10/26/89 10/26/89 11/08/89 // //f7.0f

  • See previous concurrence.

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. Inspector General, EX-IV Office of the Inspector General BACKGROUND The Inspector General Act Amendments of 1988 (P.L.100-504) established in the U.S. Nuclear Regulatory Commission (NRC) a statutory Office of Inspector General (0!G). The OIG is headed by an Inspector General (IG) appointed by the President by and with the advice and consent of the Senate. The Act provides that the OIG is to be an independent and objective unit, that the Inspector General is to report and be under the general supervision only of the Chairman or another member of the Commission, and that the Inspector General may be removed from office only by the President.

The Act further provides that neither the Chairman nor another member of the Commission shall prevent or prohibit the Inspector General from initiating, carrying out, or conpleting any audit or investigation, or from issuing any This proscription subpoena during the course of any audit or iraestigation.

applies to all officers and enployees of the NRC.

l PURPOSE OF POSITION lj and recommends policies for The IG provides leadership, coordinates, investigative activities designed to promote economy and efficiency in the 4 administration of, and to prevent and detect fraud, abuse or criminal activity in, Commission programs and operations.

The IG develops policy, monitors and evaluates program performance, and provides guidance with respect to all Connission activities relating to criminal investigations of NRC enployees and contractors as well as supervises the conduct of all such criminal investigations. The IG also acts as liaison with senior management officials of criminal investigative organizations in other Federal agencies.

The IG reconnends policies, and conducts, supervises, or coordinates relation-ships between the Connission and other federal, state and local government agencies, and non-governmental entities with respect toand promoting economy identifying and and efficiency, preventing and detecting fraud and abuse, prosecuting participants in such fraud and abuse or criminal activities against the NRC or its funded programs.

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< by furnishing i

~ l The IG assists the Chairman and other managers o .

the effectiveness and efficiency of the implementation of agency (I) policies and programs, and of the organization and manag l

Commission in achieving policy and management objectives-  !

the effectiveness of the Commission's assurance of the publi  ;

(2) and safety through the regulation of licensees of nuclear power plants; -

l (3) the effective and economic establishmen '

policies and programs; f

(4) coupliance with applicable 1aws and regulattons; and '

(5) fraud, waste, abuse, mismanagement an l financed by the NRC. l d

The IG provides means for keeping the Chairman and the Col i i t ation .

currently informed about problems and deficiencies ity for and to the relating  !

of the programs and operations of the Commission and the necess progress of corrective action. to the f l i d

The IG reviews existing and proposed legisla d by the l d abuse. l efficiency of administering programs and op f supervision of the Chairman or another member o d issues Under the generalCommission', the Inspector General arranges fo These reports ization of reports on audits, inspections, investigations a the NRC, including all Regional Offices.

h duct The IG develops and implements policies, procedures luations. and st and direction of audits, inspections, investigations and other eva ditors may l The IG establishes guidelines for determining dwhen ensuresnon-feder that appropriately be used to further the Commission's objectives, ,

work done by non-federal auditors on behalf of the standards of the Comptroller General.

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V 3 The'"IG notifies expeditiously the Attorney General when there is reason to believe that Federal criminal laws have been violated by employees or contractors of the Commission.

The IQ performs such other activities as the Chairman may request, except that ,

the' Inspector General may not be assigned responsibility for any general operating. programs.

I TECMICAL KNGEEDGE Thorough knowledge of Federal, State and local criminal laws; demonstrated

! . experience in law enforcement practices and procedures; federal rules of criminal procedure and evidence; and criminal investigation practices, techniques and strategies.

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Sound knowledge of financial and management audit techniques used in both public l and private sectors including contracting principles for use in conducting financial management audits within NRC.

1 Demonstrated ability to analyze applicability of state and federal criminal and civil. statutes and case law to investigative matters within the responsibility of the 016.

Demonstrated ability to apply sound management practices to the investigative programs within the O!G; and to direct and administer a couplex organizational element.

Knowledge of the Atomic Energy Act of 1954, as amended, and the Er.ergy Reorganization Act of 1974. l l

Knowledge of the Freedom of Information Act and the Privacy Act. l J

I A general knowledge of laws relating to Federal funds and property, Comptroller, General decisions, and regulations of the Office of Management and Budget, l

L Treasury Department and General Accounting Office.

Knowledge of personnel policy, practices, administration and procedures in the Federal government and the NRC.

l Extensive experience in the effective interaction with high-level management officials in both government and private industry. l i

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- ADMI'NISTRATION Provides direct and indirect supervision to two Assistant Inspector Generals for both Investigations and Audits and their staffs of professional criminal investigators (1811 series) and auditors (511 series) and performs all manage- ,

ment and supervisory functions associated with this function, as well as directs the Office in its complex and sensitive project areas.

In consultation with the two Assistant Inspector Generals, establishes goals for the Office and coordinates program efforts for the oversight of the criminal investigation and auditing programs, ensuring the integrity of investigations of the conduct of NRC employees and NRC contractors in all NRC operations, including possible criminal, equal esployment or civil rights violations.

CONTACTS Deals directly with the Department of Justice, FBI and other governmental investigative agencies on criminal matters of OIG investigations and audits.

l Deals directly with the Chairman, Commissioners and the fiscal policy staffs of l the Treasury Department, GAO and other Federal agencies relating to management or financial audits of NRC.

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Frequent contact with Directors of Program Offices and Division Directors, top i management officials in Government as well as in the private sector concerning matters disclosed by audits or other investigations.

Frequent contact with Congressional committees, either as a testifying witness or with committee staffs having an interest in an issue under investigation by OI G.

COMTENTS Establishes and authorizes policies and standards governing the Commission's.

criminal investigation and financial and management audit programs.

Initiates investigations as necessary into specific incidents or repeated occurrences which seem to warrant such investigation.

Reconsnends action to the Commission in regard to the findings resulting from criminal investigations and financial and management audits conducted by OIG.

Establishes methods of responding to General Accounting Office requests for information.

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