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B-207515 1 (1982-10-05)

handle is hein.gao/gaobadkrd0001 and id is 1 raw text is: - pt*w- d * -f ta..% - -I DECISION IPA* THR! ~ M COMPTRCLLUR GENEIRAL SOP THUE UNITED UTATUS WAGHINGTONe e, .C 20548 FILEi 8-207515 DATE: October 5, 1932 MATTER OF: Advisory Committee on Reactor Safeguards - Nuclear Regulatory Commission DIGEST: Members of the Advisory Committee on Reactor Safeguards, Nuclear Regulatnry Commi.ssion, a Committee established by the Atomic Energy Act, are appointed pursuant to sald statute, The Nuclear Regulatory Commission is therefore without authority to enter into employment contracts with Committee members granting them monetary benefits beyond those provided by existing law and regu- latlons. This action is in response to a letter dated May 11, 1982, from the Nuclear Regulatory Commission inquiring whether the services of membera of its Advisory Committee on Reactor Safeguards may be obtained under a contract or purchase order for personal services in order to allow them to receive employee benefits in addition to those currently provided under the Atomic Energy Act and the Federal Advisory Ccmmittee Act. We conclude that it may not be done. The Advisory Committee o6 ReucCor Safeguards was established by Section 29 of the Atomic Energy Act of 1954, as amended, 42 U.s.c. 2039, to review safety studies and facilities license applications * * * advise the Commission with regard to hazards of proposed or existing reactor facilities * * * and perform such other duties as the Commission may request. Section 2039 additionally providen for the appointment of Committee members t, 4-year statutory terms of office by the Commission, and di:ects that the Committee members shall receive a per diem compen- sation for each day spent in meetings or conferences, or other works of tho Committee, and * * * shall receive their necessary traveling or other expenses while engaged in the works of the Committee. Members are compensated for each day worked under the authority of the Federal Advisory Comnittee At, 5 U.S.C. Appendix I, Section 7, at a rate not to exceed the daily equivalent of a GS-18. The Atomic Energy Act avid the Federal Advisory Committee Act currently do not contain any provision granting the Commission general authority to otherwise fix the Committee members' emoluments, nor do those laws contain any provision specifically granting the Committee members ny direct entitlement to additional corpensation or benefit in the form of paid leaves of absence, insurance coverage, retirement plan contributions, etc. Over the years since it was established, the Comwmittee's duties have evolved to a point that members perform Committee work intermittently on an average of 124 days per year. About two-thirds of the members' work is scheduled in advance. The proposed new appointment procedure

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