[Query Concerning Service of Advisory Committee on Reactor Safeguards]

The Nuclear Regulatory Commission asked whether the services of members of its Advisory Committee on Reactor Safeguards may be obtained under a personal services contract so that the members can receive employee benefits in addition to those currently provided to them under statutory law. This inquiry arose from a proposed new appointment procedure which is aimed at providing members, whose volume of work approaches or exceeds that of regular part-time Government employees, with some of the benefits provided to part-time Government employees, but not currently available to Committee members. GAO held that, since Federal officers and employees are appointed and serve only in accordance with applicable statutes and regulations, the ordinary principles of contract law do not apply. GAO stated that there are no provisions granting the Commission authority to fix the Committee members' compensation at a rate other than that decided by statutory law, nor does current law give Committee members any direct entitlement to additional compensation or benefits. Accordingly, payments for the additional employee benefits contemplated under the proposed appointment procedures were not approved.