[DOE LETTERHEAD]
December l0, 2002
MEMORANDUM TO: THE
SECRETARY
THROUGH: THE
CHIEF OF STAFF
THROUGH: DIRECTOR,
OFFICE OF MANAGEMENT, BUDGET,
AND
EVALUATION/CHIEF FINANCIAL OFFICER
FROM: MARK
B. WHITAKER
DEPARTMENTAL
REPRESENTATIVE TO THE
DEFENSE
NUCLEAR FACILITIES SAFETY BOARD
SUBJECT: ESTABLISHMENT
OF DIRECT REPORT TO THE
SECRETARY OF
ENERGY
ISSUE: This
memorandum requests your approval of an organizational change to establish a
direct reporting relationship between the Secretary of Energy and the Office of
the Departmental Representative to the Defense Nuclear Facilities Safety Board
(Office).
BACKGROUND: The Defense Nuclear Facilities Safety Board (Board) was established by Congress in 1988 as an independent organization within the executive branch chartered with the responsibility of providing recommendations and advice to the President and the Secretary of Energy regarding public health and safety issues at the Department’s defense nuclear facilities. Beginning operations in October 1989, the Board reviews and evaluates the content and implementation of health and safety standards, as well as other requirements, relating to the design, construction, operation, and decommissioning of the Department’s defense nuclear facilities.
In July 1992, the
Office was established and reported directly to the Secretary. Except for a short period in the 1993-1995
timeframe, the Office has, in practice, consistently reported to the
Secretarial level. This practice
continues today, although the Office is organizationally assigned to the
Assistant Secretary for Environment, Safety and Health (EH).
In
May 1993, the Office was moved under EH as part of Secretary O’Leary’s
realignment initiative, which included a goal of reducing the number of direct
reports to the Secretary. In January 1996, the Office, in practice,
reported to the Under Secretary in order to provide the Office with
independence and a more effective platform to influence the Offices of
Environmental Management and of Defense Programs. In April 1997, at the recommendation of the Under Secretary, the
Office began to report to the Secretary.
In practice, the Office has reported directly to three different Secretaries: Secretary Pena, Secretary Richardson, and
now Secretary Abraham. This practice
has been reflected in DOE organization charts since 1997. EH continues to provide administrative and
budget support to the Office.
The current DOE
organization chart is attached. An
overview description of Office responsibilities is also attached.
Section 643 of
the Department of Energy Organization Act, 42 U.S.C. § 7253, provides Secretarial authority for
organizational changes and provides in pertinent part:
(a) Subject to
subsection (b) of this section, [dealing with NNSA], the Secretary is
authorized to establish, alter, consolidate or discontinue such organizational
units or components within the Department as he may deem to be necessary or
appropriate. Such authority shall not
extend to the abolition of organizational units or components established by
this chapter, or to the transfer of functions vested by this chapter in any
organizational unit or component.
DISCUSSION: The
Office of the Departmental Representative to the Defense Nuclear Facilities
Safety Board is most effective at resolving issues when reporting at the
Secretarial level. The rationale for
the Office to report at the Secretarial level is as follows:
·
Complex-wide,
cross-organizational issues and initiatives (typically involving both EM and
NNSA, as well as EH and SC) must be managed from a position above the
organizations involved;
·
Experience
with the Office reporting to one program office (EH) resulted in reduced
effectiveness due to perceived lack of both independence and an objective,
Department-wide perspective; and
·
The Board
itself believes this function must necessarily report to a general-Secretarial
officer and is critical to Department success on Board-identified safety and
management issues.
The establishment
of NNSA as a semi-autonomous agency has introduced additional obstacles to
developing and implementing common Department-wide solutions to safety and
management issues. This has increased
the need for the Board liaison function to remain in a highly visible and
independent position so it can effectively influence performance in both NNSA
and EM. Historically, Board issues have
been about 40% NNSA-specific, 40% EM-specific, and 20% Department-wide. The ones requiring the most time and
attention by this Office are the 20% that are cross-organizational. Clarification of the Office designation as a
direct report to the Secretary will increase effectiveness in resolving these
issues.
SENSITIVITIES: The Chairman of the Defense Nuclear Facilities Safety Board has consistently held the view that the Departmental Representative should be a direct report to either the Secretary or the Deputy Secretary of Energy.
RECOMMENDATION: That you approve an organizational change to establish a direct reporting relationship between the Secretary of Energy and the Office of the Departmental Representative to the Defense Nuclear Facilities Safety Board.
APPROVAL: Spencer
Abraham DATE: 3/14/03
DISAPPROVAL: __________________________________ DATE:
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Attachments