POLICY ISSUE

NOTATION VOTE

October 6, 2003 SECY-03-0172

FOR: The Commissioners

FROM: William D. Travers

Executive Director for Operations

SUBJECT: REIMBURSEMENT OF THE TRAVEL EXPENSES OF

INDIVIDUALS REQUESTED TO ATTEND A PREDECISIONAL

ENFORCEMENT CONFERENCE

PURPOSE:

To provide the Commission with the results of the staff’s evaluation regarding the feasibility and

cost of reimbursing a whistleblower’s travel expenses related to attending a predecisional

enforcement conference (PEC) and to provide recommendations to the Commission.

BACKGROUND:

On March 26, 2003, the Commission issued a Staff Requirements Memorandum for

SECY-02-0166, “Policy Options and Recommendations for Revising the NRC’s Process 

for Handling Discrimination Issues.” One of the actions recommended by the Discrimination

Task Group (DTG) and endorsed by the Commission was a determination of the feasibility 

of reimbursing the travel expenses of the whistleblower and a personal representative to 

attend a PEC. A personal representative was considered by the DTG to be someone the

whistleblower desires at the PEC to provide support (i.e., a spouse, other family member, 

close friend, or attorney).

CONTACT: Doug Starkey, OE

301-415-3456
The Commissioners 2

DISCUSSION:

The staff identified that the existing process in Management Directive 14.1, “Official Temporary

Duty Travel,” allows for reimbursement of the whistleblower’s travel expenses when the

individual is performing a direct service to the government, generally referred to as invitational

travel. Since the staff is requesting the whistleblower’s presence at the PEC to assist the staff

in determining the facts of the case, invitational travel is appropriate.

However, the Federal Travel Regulations do not allow a federal agency to reimburse expenses

incurred by individuals who are not providing a direct service to the government. Consequently,

the staff will not be able to reimburse a whistleblower’s personal representative.

The staff’s travel cost estimate is approximately $4,000 per year, based on 8 PECs and $500

per PEC. These travel funds are not presently included in the Office of Enforcement budget.

The staff plans to develop implementation guidance to be included in the Enforcement Manual

and guidance for the whistleblower. 

COORDINATION: 

The Office of General Counsel (OGC) is of the opinion that the NRC may issue invitational

travel orders and reimburse the travel expenses of a whistleblower asked to attend a PEC if it is

determined that the whistleblower’s presence at the conference constitutes a direct service to

the government. However, based on the current state of law, OGC does not believe the NRC

has the authority to reimburse the travel expenses of a personal representative of the

whistleblower. 

RECOMMENDATION:

The staff recommends that the Commission reimburse whistleblowers for travel expenses

related to attending a PEC.

/RA/

William D. Travers

Executive Director

 for Operations
The Commissioners 2

DISCUSSION:

The staff identified that the existing process in Management Directive 14.1, “Official Temporary

Duty Travel,” allows for reimbursement of the whistleblower’s travel expenses when the

individual is performing a direct service to the government, generally referred to as invitational

travel. Since the staff is requesting the whistleblower’s presence at the PEC to assist the staff

in determining the facts of the case, invitational travel is appropriate.

However, the Federal Travel Regulations do not allow a federal agency to reimburse expenses

incurred by individuals who are not providing a direct service to the government. Consequently,

the staff will not be able to reimburse a whistleblower’s personal representative.

The staff’s travel cost estimate is approximately $4,000 per year, based on 8 PECs and $500

per PEC. These travel funds are not presently included in the Office of Enforcement budget.

The staff plans to develop implementation guidance to be included in the Enforcement Manual

and guidance for the whistleblower. 

COORDINATION: 

The Office of General Counsel (OGC) is of the opinion that the NRC may issue invitational

travel orders and reimburse the travel expenses of a whistleblower asked to attend a PEC if it is

determined that the whistleblower’s presence at the conference constitutes a direct service to

the government. However, based on the current state of law, OGC does not believe the NRC

has the authority to reimburse the travel expenses of a personal representative of the

whistleblower. 

RECOMMENDATION:

The staff recommends that the Commission reimburse whistleblowers for travel expenses

related to attending a PEC.

/RA/

William D. Travers

Executive Director

 for Operations

ML

 OFC OE DD/OE D/OE OGC

 NAME DStarkey JLuehman FCongel DHassell

 DATE 9/22/03 9/23/03 9/23/03 9/23/03

 OFC DEDR EDO

 NAME SCollins WTravers

 DATE 10/03/03 10/06/03

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