NASA v. FLRA, 527 U.S. 229, 26 (1999)

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254

NASA v. FLRA

Thomas, J., dissenting

pal." Webster's Third New International Dictionary 1926- 1927 (1976); see also Webster's New International Dictionary 2114 (2d ed. 1957) ("[b]eing, or acting as, the agent for another, esp. through delegated authority"). The agency notion, though, is counterintuitive, given that, as the majority acknowledges, ante, at 238, the stated purpose of the Inspector General Act was to establish "independent and objective units" within agencies to conduct audits and investigations, see 5 U. S. C. App. § 2 (emphasis added).

To be sure, NASA's OIG is a subcomponent of NASA and the Inspector General is subject to the "general supervision," § 3(a), of NASA's Administrator (or of the "officer next in rank below" the Administrator, ibid.).6 But, as the Fourth Circuit has observed, it is hard to see how this "general supervision" amounts to much more than "nominal" supervision. See NRC v. FLRA, 25 F. 3d 229, 235 (1994). NASA's Inspector General does not depend upon the Administrator's approval to obtain or to keep her job. NASA's Inspector General must be appointed by the President and confirmed by the Senate, "without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations." 5 U. S. C. App. § 3(a). Only the President, and not NASA's Administrator, may remove the Inspector General, and even then the President must provide Congress with his reasons for doing so. § 3(b).7 In addition, the Administrator has no

6 The Act provides that the Inspector General "shall not report to, or be subject to supervision by," any other agency officer. 5 U. S. C. App. § 3(a).

7 The Court, ante, at 240, does not report the full story with respect to Inspector General supervision. We were told at oral argument that Executive Order 12993, 3 CFR 171 (1996), governs the procedures to be followed in those instances where the Inspector General and NASA's Administrator are in conflict. Tr. of Oral Arg. 51-52. Complaints against an Inspector General are referred to a body known as the "Integrity Committee," which is composed "of at least the following members": an official of the FBI, who serves as Chair of the Integrity Committee; the Special

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