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FY 2019 FAIR Act Inventory - Office of the Inspector General

The "Federal Activities Inventory Reform Act of 1998," P.L. 105-270 (the FAIR Act) directs Federal agencies to prepare each year an inventory of their commercial activities performed by Federal employees. OMB Circular A-76 establishes Federal policy regarding the performance of commercial activities and implements the statutory requirements of the FAIR Act. Consistent with the guidance issued by OMB, the Nuclear Regulatory Commission, Office of the Inspector General (OIG), reviewed each OIG full-time equivalents (FTE) to determine whether the position is commercial in nature or inherently governmental. As a result of this review, we have classified 35 FTE as inherently governmental and 28 FTE as potentially commercial in nature in Fiscal Year (FY) 2019.

Inventory of Potential Commercial Activities

The NRC/OIG FY 2019 Inventory of Commercial Activities, compiled according to OMB guidance, reports on the number of employees aligned with activities deemed to be commercial in nature. The information on these non-inherently governmental functions is listed by the function codes developed by OMB. Further, it is important that the reason code used in the inventory is explained.

Reason Code Explanation:

"A" - This is a commercial activity but the Inspector General has determined that it must be performed in-house.

Public Notification:

Pursuant to the OMB notification in the Federal Register, and according to the requirements of the FAIR Act, the NRC/OIG FY 2019 Inventory of Commercial Activities is made available to the public.

Agency State Location FTE Function Reason FAIR - FY Official Function Description
NRC/OIG MD Rockville 24 I-430 A 2000 D. Lee Performance Audits
NRC/OIG MD Rockville 4 I-420 A 2000 D. Lee Financial Audits

Inventory of Inherently Governmental Activities

The NRC/OIG FY 2019 Inventory of Inherently Governmental Activities, compiled according to OMB guidance, reports on the number of employees aligned with activities deemed to be inherently governmental. The information on these inherently governmental functions is listed by the function codes developed by OMB.

Inherently governmental activities are work functions that are required to be performed by Federal employees and are not subject to the FAIR Act.

The 35 inherently governmental FTE are classified in functions that are specifically exempt from the cost comparison requirements of OMB Circular A-76 and Supplement. These functions include criminal investigators with statutory law enforcement authority (15 FTE), senior managers (6 FTE), Team Leaders (4 FTE), secretaries to Ex/SES managers (3 FTE), budget execution (1 FTE), information technology project manager (1 FTE), human resources project manager (1 FTE), General Counsel to the Inspector General and regulatory review (1 FTE), investigative analyst (1 FTE), senior technical advisor (1 FTE), and technical advisor (1 FTE).

Public Notification:

Pursuant to the OMB notification in the Federal Register, and according to the requirements of the FAIR Act, the NRC/OIG FY 2019 Inventory of Inherently Governmental Activities is made available to the public.

Agency State Location FTE Official Function Function Description
NRC/OIG MD Rockville 15 D. Lee I-520 Criminal Investigators
NRC/OIG MD Rockville 6 D. Lee I-115 Senior Managers
NRC/OIG MD Rockville 4 D. Lee I-110 Audit Supervision
NRC/OIG MD Rockville 3 D. Lee I-100 Secretaries to Ex/SES Managers
NRC/OIG MD Rockville 1 D. Lee I-100 Budget Formulation/Execution & Funds Control
NRC/OIG MD Rockville 1 D. Lee I-100 Information Technology Project Management
NRC/OIG MD Rockville 1 D. Lee I-100 Human Resources Project Management
NRC/OIG MD Rockville 1 D. Lee I-105 General Counsel & Regulatory Review
NRC/OIG MD Rockville 1 D. Lee I-415 Investigative Analyst
NRC/OIG MD Rockville 2 D. Lee I-100 Senior Technical Advisor

Inventory Challenges

Any interested party as defined in the FAIR Act who wants to challenge any activities on the list or omissions from the list may, within 30 working days of the date this information was made publicly available, may submit a challenge to:

Dr. Brett M. Baker
Assistant Inspector General for Audits
Mail Stop: O5-E13
Washington, D.C. 20555