ML20210P543

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Staff Requirements Memo Re COMSECY-99-020 Re NRC Response to Request for Support of Federal Tax Relief for Whistleblowers
ML20210P543
Person / Time
Issue date: 07/30/1999
From: Vietticook A
NRC OFFICE OF THE SECRETARY (SECY)
To: Cyr K
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
REF-10CFR9.7 SECY-99-020-C, NUDOCS 9908130029
Download: ML20210P543 (2)


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  • UNITED STATES e i

}' NUCLEAR REGULATORY COMMISSIOlj RELEASED TO THE DDR :

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j SECRETARY

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MEMORANDUM TO: Karen D. Cyr, General Counsel FROM: Annette L. Vietti-Cook, Secretary /g h

SUBJECT:

COMSECY-99-020 NRC RESPONSE TO REQUEST FOR SUPPORT OF FEDERAL TAX RELIEF FOR WHISTLEBLOWERS The Commission has approved your proposed response, subject to the attached edits, to a request for written support of legislation which would amend the Internal Revenue Code (IRC) such that it does not serve as a deterrent to whistleblowers.

The Commission also approves sending copies of the response to the Department of the Treasury, the Department of Labor, the Office of Management and Budget, and also recommends that copies be forwarded to the Senate Environment and Public Works Committee j

, and Finance Committee, as well as the House Commerce and Ways and Means Committees. g l The . cover letter to these agencies should reiterate the Commission's concern with any l disincentive to employees to report health and safety concerns.

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Attachment:

Letter to S. Doyle l cc: Chairman Dicus l Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield EDO

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OCA OlG l

OPA  !

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Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

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9908130029 PDR 990730 10CFR PT9.7 PDR 130003 I

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Attachment Mr. Shannon T. Doyle 3762 West Cook Road Dothan, AL 36301

Dear Mr. Doyle:

This is in reference to your letter dated April 23,1999, seeking NRC support for legislation similar to H.R. 2792, the " Employment Discrimination Award Tax Relief Act," which was introduced in the 105* Congress. As you know, on May 27,1999, Representative Pryce introduced H.R.1997, the " Civil Rights Tax Fairness Act of 1999." This proposed legislation, wife it differs in several respects from H.R. 2792, would have the effect of providing some tax relief to claimants who have received amounts as a result of unlawful discrimination claims.  !

" Unlawful discrimination," as defined in this proposed legislation, includes claims made under f whistleblower protection provisions such as section 211 of the Energy Reorganization Act, as '

amended.

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The NRC has reviewed the fundamental questions that you have raised. The tax issues

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addressed in proposed legislation such as H.R. 2792 and H.R.1997 encompass a broad range of unlawful discrimination claims, in areas well beyond the purview of the whistleblower protections of section 211. While not expressing views on these bills, the NRC believes the Federal tax laws should not serve as a disincentive to employees who would otherwise come j forward with health and safety concerns. In other contexts the NRC has stated that "a reluctance on the part of employee's to raise concerns is detrimental to nuclear safety." See Policy Statement for Nuclear Employees Raising Safety Concerns without Fear of Retaliation, 61 FR 24,336 (May 14,1996). However, the NRC's mandate necessarily gives it a limited perspective on these generic tax issues and we are not in a position to endorse particular legislative proposals. Ncasthcl css,the Therefore, Congress is in the best position to consider the important NilO bclicves that the issues you raise warrant consideration by the Concpees.

Thank you for bringing our attention to this matter.

l Sincerely, l

Greta Joy Dicus ,

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