DT-22-15, Management Directive 10.6, Use of Consultants and Experts

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Management Directive 10.6, Use of Consultants and Experts
ML22333A002
Person / Time
Issue date: 12/21/2022
From: Alison Tallarico
Office of the Chief Human Capital Officer
To:
References
DT-22-15 MD 10.6
Download: ML22333A002 (1)
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Text

U.S. NUCLEAR REGULATORY COMMISSION MANAGEMENT DIRECTIVE (MD)

MD 10.6 USE OF CONSULTANTS AND EXPERTS DT-22-15

Volume 10: Personnel Management Part 1 Employment and Staffing

Approved By: Mary A. Lamary Chief Human Capital Officer

Date Approved: December 21, 2022

Cert. Date: N/A, for the latest version of any NRC directive or handbook, see the online MD Catalog

Issuing Office: Office of the Chief Human Capital Officer

Contact Name: Alison Tallarico

EXECUTIVE

SUMMARY

Management Directive 10.6, Use of Consultants and Experts, is revised to reflect updated organizational titles and other minor changes to clarify current hiring and time and labor practices.

TABLE OF CONTENTS

I. POLICY..............................................................................................................................2 II. OBJECTIVES....................................................................................................................2 III. ORGANIZATIONAL RESPONSIBILITIES AND DELEGATIONS OF AUTHORITY...........2 A. Chairman......................................................................................................................2 B. Commissioners.............................................................................................................2 C. General Counsel (GC)..................................................................................................3 D. Inspector General (IG)..................................................................................................3 E. Executive Director for Operations (EDO)......................................................................3 F. Chief Human Capital Officer (CHCO)...........................................................................3 G. Office Directors, Regional Administrators, and Executive Directors of Advisory Committees*..................................................................................................4 H. Director, Division of Facilities and Security (DFS), Office of Administration (ADM)....................................................................................................5

For updates or revisions to policies contained in this MD that were issued after the MD was signed, please see the Yellow Announcement to Management Directive index (YA-to-MD index).

MD 10.6 USE OF CONSULTANTS AND EXPERTS Date Approved: 12/21/2022

I. Director, Division of the Comptroller (DC), Office of the Chief Financial Officer (OCFO)............................................................................................................. 5 J. Director, Division of Budget (DB), OCFO...................................................................... 5 IV. APPLICABILITY................................................................................................................ 5 V. DIRECTIVE HANDBOOK.................................................................................................. 5 VI. REFERENCES................................................................................................................... 6

I. POLICY It is the policy of the U.S. Nuclear Regulatory Commission (NRC) to appoint and use consultants and experts to assist in the accomplishment of NRC's mission and to appoint such individuals in accordance with applicable statutory and regulatory requirements. It is also the policy of the NRC to employ the services of individual consultants and experts by hiring them under the personnel appointment process, which establishes an employee-employer relationship with the NRC, whenever possible. T his management directive (MD) sets forth the policies and procedures applicable to use of consultants and experts who are hired under that process. As described in this MD, experts and consultants are appointed for a period not to exceed 1 year. When the services of consultants and experts must be employed by contract or interagency agreement, the policies and procedures specified in MD 11.1, "NRC Acquisition of Supplies and Services," must be followed.

II. OBJECTIVES

To employ the services and expertise of consultants and experts in an effective and efficient manner.

To establish procedures for employing consultants and experts under the personnel appointment process.

III. ORGANIZATIONAL RESPONSIBILITIES AND DELEGATIONS OF AUTHORITY

A. Chairman Serves as the authorizing official for the appointments, including renewals, and rates of pay for their own consultants and experts.

B. Commissioners

Serve as the authorizing official for the appointments, including renewals, and rates of pay for their own consultants and experts.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 2

MD 10.6 USE OF CONSULTANTS AND EXPERTS Date Approved: 12/21/2022

C. General Counsel (GC)

Provides advice and makes determinations with respect to conflict-of-interest matters and financial holdings, and other legal requirements relating to employing services from outside sources.

D. Inspector General (IG)

1. Serves as the authorizing and approving official for the appointments, including renewals, and rates of pay for consultants and experts appointed to positions in the Office of the Inspector General (OIG).
2. Approves or disapproves requests for consultants and experts in OIG to work more than 130 days in a service year.

E. Executive Director for Operations (EDO)

1. Approves policies and procedures for employment of consulting and expert services for the NRC.
2. Serves as the authorizing official for the appointments, including renewals, and rates of pay for their own consultants and experts.
3. Grants or designates the official to grant exceptions to the provisions of this MD where authorized by law and when determined necessary to efficiently utilize needed consultants and experts. Each exception will be made a matter of record.

F. Chief Human Capital Officer ( CHCO)

1. Provides advice and guidance to the EDO on areas of significance and major concern relating to the interpretation of policies and procedures related to the employment of consultants and experts.
2. Appoints consultants and renews, amends, or terminates their employment arrangements after ensuring that all requisite clearances and approvals have been received.
3. Approves rates of pay for all consultants and experts not working for the Chairman, the Commissioners, the EDO, or the IG.
4. Provides written information to new or reappointed consultants and experts about pay, pay deductions, travel, leave, security requirements, standards of conduct, and other policy aspects of employment.
5. Ensures that financial disclosure reports are received and appropriately considered with regard to the employment of consultants and experts serving other Federal

For the latest version of any NRC directive or handbook, see the online MD Catalog. 3

MD 10.6 USE OF CONSULTANTS AND EXPERTS Date Approved: 12/21/2022

agencies or NRC offices so that conflict-of-interest determinations may be made and limitations on use of consultants may be observed.

6. Approves or disapproves requests for consultants and experts to work more than 130 days in a service year, except for OIG consultants.
7. Notifies the Division of Facilities and Security (DFS), Office of Administration (ADM),

when an individual's consultant appointment has been made, renewed, or is terminated.

G. Office Directors, Regional Administrators, and Executive Directors of Advisory Committees *

1. Approve the initial need and the continuing need for consultants and experts, including the work to be performed.
2. Keep track of the number of days consultants and experts work.
3. Consult with the Office of the General Counsel (OGC) and obtain prior approval in writing from the Chief Human Capital Officer (CHCO) before permitting any consultant or expert to work in excess of 130 days in a service year.
4. Serve as the authorizing officials for the appointments, including renewals, and rates of pay for each consultant and expert under their purview. The authority may be redelegated to the deputy office director or the deputy regional administrator. For an advisory committee with an executive director, these authorities may be redelegated to a deputy executive director.
5. As appropriate, engage in outreach activities to promote diverse sources of potential consultants and experts.
6. Ensure that full-time-equivalent (FTE) expenditures do not exceed allocations.
7. Certify availability of funds, or delegate authority to certify availability of funds, before authorization of miscellaneous expenses or official travel by consultants and experts.
8. Approve vouchers, or delegate authority to approve vouchers, submitted by consultants and experts.
9. Send the required security and conflict-of-interest forms to prospective consultants and experts.
  • When an advisory committee does not have an executive director, these responsibilities and delegations of authority are assigned to the cognizant office director or regional administrator.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 4

MD 10.6 USE OF CONSULTANTS AND EXPERTS Date Approved: 12/21/2022

H. Director, Division of Facilities and Security (DFS), Office of Administration (ADM)

1. Informs consultants and experts through personal contact or correspondence about NRC security requirements applicable to their duties before they are appointed.
2. Maintains a continuing security education program for NRC consultants and experts to inform them of their security responsibilities throughout their assignments.
3. Interviews or corresponds with consultants and experts upon termination of their duties to inform them of their continuing security responsibilities and of the necessity for completing NRC Form 136, "Security Termination Statement." NRC Form 136 is available in the NRC Forms Library on SharePoint at https://usnrc.sharepoint.com/teams/NRC-Forms-Library/SitePages/Home.aspx.

I. Director, Division of the Comptroller (DC), Office of the Chief Financial Officer (OCFO)

1. Examines and pays vouchers. Records and reports obligations, payments, and costs of consultants and experts employed under this MD.
2. Reports to OCHCO the number of hours worked by consultants and experts.

J. Director, Division of Budget (DB), OCFO Administers funds allotted from salaries and expenses appropriation for salaries and benefits of consultants and experts, including the certification of funds availability, except for OIG.

IV. APPLICABILITY

A. This MD applies to NRC employees and all NRC consultants and experts who receive personnel appointments and who are not advisory committee members, including those appointed in support of an advisory committee.

B. This MD does not apply to the following individuals:

1. Members of advisory committees covered by MD 10.12, Use of Advisory Committee Members.
2. Individuals whose services are acquired by contract or interagency agreement.

V. DIRECTIVE HANDBOOK

Handbook 10.6 provides guidance on employing and using consultants.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 5

MD 10.6 USE OF CONSULTANTS AND EXPERTS Date Approved: 12/21/2022

VI. REFERENCES

Code of Federal Regulations

5 CFR Chapter XVI, Parts 2634 2637, Office of Government Ethics.

5 CFR Part 304, Expert and Consultant Appointments.

10 CFR Part 7, Advisory Committees.

Executive Orders Executive Order 12731, Principles of Ethical Conduct for Government Officers and Employees, October 17, 1990.

Nuclear Regulatory Commission

NRC Forms Library on SharePoint:

https://usnrc.sharepoint.com/teams/NRC-Forms-Library/SitePages/Home.aspx.

NRC Form 136, "Security Termination Statement."

NRC Form 448, NRC for Appointment of Consultant Expert or Member.

NRC Forms Library on SharePoint under Non-NRC Forms:

https://usnrc.sharepoint.com/teams/NRC-Forms-Library/SitePages/Home.aspx.

NRC Form 50, Notification of Personnel Action.

NRC Form 52, Request for Personnel Action.

NRC Management Directives

4.2, "Administrative Control of Funds."

7.6, "Public and Confidential Financial Disclosure Reports."

7.10, "Political Activity."

10.12, Use of Advisory Committee Members.

10.42, "Work Schedules and Premium Pay."

11.1, "NRC Acquisition of Supplies and Services."

12.3, "NRC Personnel Security Program."

14.1, "Official Temporary Duty Travel."

U.S. Office of Government Ethics

OGE Forms on the Office of Government Ethics website:

https://www.oge.gov/web/OGE.nsf/OGE+Forms.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 6

MD 10.6 USE OF CONSULTANTS AND EXPERTS Date Approved: 12/21/2022

OGE Form 278, "Executive Branch Personnel Public Financial Disclosure Report."

OGE Form 450, "Confidential Financial Disclosure Report - Executive Branch."

United States Code

Atomic Energy Act of 1954, as amended, Sections 161(d), 161(f), and 29 (42 U.S.C. 2011 et seq.).

Civil Service Retirement Act, as amended (5 U.S.C. 8331 et seq.).

Employees Compensation Act (5 U.S.C. 8101 et seq.).

Employment of Experts and Consultants; Temporary or Intermittent (5 U.S.C. 3109).

Energy Reorganization Act of 1974, as amended (42 U.S.C. 5801 et seq.).

Federal Advisory Committee Act (5 U.S.C. App. I, Pub. L. 92 463).

Federal Employee Health Benefits Act of 1959 (5 U.S.C. 8901 et seq.).

Federal Employees Life Insurance Act of 1954 (5 U.S.C. 8701 et seq.).

Federal Employees Pay Comparability Act of 1990 (FEPCA) (5 U.S.C. 5301).

Federal Employees' Retirement System Act of 1986.

Inspector General Act of 1978, as amended (5 U.S.C. App. 3 et seq.).

For the latest version of any NRC directive or handbook, see the online MD Catalog. 7

U.S. NUCLEAR REGULATORY COMMISSION DIRECTIVE HANDBOOK (DH)

DH 10.6 USE OF CONSULTANTS AND EXPERTS DT-22-15

Volume 10: Personnel Management Part 1 Employment and Staffing

Approved By: Mary A. Lamary Chief Human Capital Officer

Date Approved: December 21, 2022

Cert. Date: N/A, for the latest version of any NRC directive or handbook, see the online MD Catalog

Issuing Office: Office of the Chief Human Capital Officer

Contact Name: Alison Tallarico

EXECUTIVE

SUMMARY

Management Directive 10.6, Use of Consultants and Experts, is revised to reflect updated organizational titles and other minor changes to clarify current hiring and time and labor practices.

TABLE OF CONTENTS

I. GENERAL..........................................................................................................................2 A. Introduction...................................................................................................................2 B. Basic Requirements.....................................................................................................3 C. Statutes and Regulations Governing Appointments......................................................4 D. Employment and Administrative Procedures................................................................4 II. PAY, REIMBURSEMENTS, AND FRINGE BENEFITS......................................................7 A. Hours of Duty...............................................................................................................7 B. Pay Rates.....................................................................................................................8 C. Gratuitous Services......................................................................................................8 D. Payment for Services....................................................................................................8 E. Deductions From Pay...................................................................................................9 F. Miscellaneous Expenses..............................................................................................9

For updates or revisions to policies contained in this MD that were issued after the MD was signed, please see the Yellow Announcement to Management Directive index (YA-to-MD index).

DH 10.6 USE OF CONSULTANTS AND EXPERTS Date Approved: 12/21/2022

G. Travel Expenses......................................................................................................... 10 H. Annual and Sick Leave............................................................................................... 10 III. GLOSSARY..................................................................................................................... 10

I. GENERAL

A. Introduction

1. As a matter of agency policy, the services of consultants and experts should be employed through the personnel appointment process whenever possible. The policy of employing consultant or expert services through the personnel process is advantageous to the agency because the potential for inequities in compensating individuals is minimized, total costs are generally lower, and questions as to the propriety of the individual's conduct are more clearly resolved. Consultants and experts appointed under the personnel process are employees of the agency.
2. Note: The provisions of this handbook do not apply to advisory committee members.
3. If a consultant or an expert is appointed through the personnel process, the services of that individual may not be used at the same time elsewhere in the U.S. Nuclear Regulatory Commission (NRC) under a contract or an interagency agreement.
4. Consultants and experts may perform such functions as (a) Providing advice on broad program aspects and projects essential to operations and activities.

(b) Providing advice on developments in industry, university, or foundation research.

(c) Providing professional or technical advice in specialized fields of knowledge.

(d) Providing technical assistance in accomplishing highly complex projects.

(e) Providing specialized opinions or professional or technical advice that is not available within the agency.

(f) Providing the opinions, special knowledge, or skills of noted experts whose national or international prestige can contribute to the success of important projects.

(g) Providing outside points of view to gain a broader perspective of critical issues.

(h) Providing an enhanced understanding and development of alternative solutions to complex issues.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 2

DH 10.6 USE OF CONSULTANTS AND EXPERTS Date Approved: 12/21/2022

(i) Performing specialized tasks, such as analyzing and recommending solutions to operating problems of a technical or an administrative nature.

(j) Assisting operating officials in devising new and specialized methods or techniques of operation.

5. Consultants and experts may not be employed to (a) Bypass or undermine personnel ceilings, job evaluation or pay limitations, or competitive employment procedures.

(b) Perform full-time and permanent jobs.

(c) Perform work of a policy, decisionmaking, managerial, or supervisory nature that is the responsibility of agency officials.

(d) Acquire advice that is readily available within the agency or another Federal agency, or unnecessarily duplicate any previously performed work or services.

B. Basic Requirements

1. Qualifications To qualify for employment as a consultant or an expert, an individual shall have demonstrated by their experience, training, or other evidence of mastery of their field, such as writings, inventions, or professional recognition, that he or she has specialized knowledge and skills needed by the NRC not ordinarily obtained through usual recruitment channels, or that the individual is otherwise eminently qualified for the specific assignment.
2. Conduct Consultants and experts shall consider information obtained under Government authority that has not become part of the body of public information as privileged and must not divulge such information to their private employers or clients, or otherwise make use of it for non-NRC purposes.
3. Conflict of Interest The laws and regulations on conflict of interest, including Executive Order (E.O.)

12674, as amended by E.O. 12731, the regulations of the Office of Government Ethics (5 CFR Parts 2634 2637), and Management Directive (MD) 7.6, "Public and Confidential Financial Disclosure Reports," apply to consultants and experts. As indicated in MD 7.6, the Office of the General Counsel (OGC) makes a conflict-of-interest determination before the individual is appointed, on the basis of information submitted on the Office of Government Ethics (OGE) Form 450, "Executive Branch Confidential Financial Disclosure Report," or Standard Form (SF) 278, "Executive Branch Public Financial Disclosure Report." ( OCHCO and OGC will coordinate to

For the latest version of any NRC directive or handbook, see the online MD Catalog. 3

DH 10.6 USE OF CONSULTANTS AND EXPERTS Date Approved: 12/21/2022

ensure that employees are assigned the appropriate financial disclosure report.)

4. Political Activity Consultants are subject to political activity restrictions of the Hatch Act while they are on official duty (see MD 7.10, "Political Activity").
5. Security Clearance Consultants and experts whose services are employed through the appointment process are subject to the security clearance requirements applicable to all employees. See MD 12.3, "NRC Personnel Security Program."

C. Statutes and Regulations Governing Appointments The NRC derives its authority to appoint consultants and experts from Section 161d of the Atomic Energy Act of 1954, as amended, and uses 5 U.S.C. 3109, Employment of Experts and Consultants; Temporary or Intermittent, and 5 CFR Part 304, Expert and Consultant Appointments, as guidance.

D. Employment and Administrative Procedures

1. Advance Planning Advance planning and adequate lead time are highly important as appointees may not report for duty or receive pay or reimbursements until the security clearance, the conflict-of-interest determination, and other appointment processes are completed.
2. Approval of Consultants and Experts Authorizing officials authorize appointments, including renewals, and pay for experts and consultants under their authority by submitting an SF 52, "Request for Personnel Action." (SF 52, is available in the NRC Forms Library on SharePoint under Non -NRC Forms at https://usnrc.sharepoint.com/teams/NRC-Forms-Library/SitePages/Home.aspx.)
3. Terms of Appointments (a) October 1 through September 30 is the "service year" for consultants and experts. Consultant and expert appointments are temporary appointments that may not exceed 1 year. Regardless of when a consultant or an expert is appointed, their appointment must terminate no later than the next September 30 following their appointment.

(b) Although consultants and experts, like other employees, may be given full-time, part-time, or intermittent tours of duty, in the NRC it is the general policy to appoint them to intermittent tours of duty.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 4

DH 10.6 USE OF CONSULTANTS AND EXPERTS Date Approved: 12/21/2022

(i) Consultants and experts may not work more than 130 days during a service year (October 1 through September 30) without prior consultation with OGC and prior approval by the Chief Human Capital Officer (CHCO) or the Inspector General for OIG consultants.

(ii) If an authorizing official anticipates that a consultant or an expert will need to work more than 130 days in a service year, the individual should write a memorandum to the CHCO (except for OIG consultants) requesting approval to allow the employee to work more than 130 days in that service year. The memorandum should describe the services being performed by the employee and the anticipated number of days needed to complete the services.

4. Initial Appointments (a) The official proposing to employ the services of a consultant or an expert will communicate with prospective appointees to determine their qualifications and availability to serve. If the prospective consultant or expert is interested in serving, the office proposing to employ the individual will send the individual a letter, enclosing the following for completion:

(i) An application for employment.

(ii) A security forms packet as required by MD 12.3.

(iii) If the individual will be earning a rate of pay above that of a GG-15 and is expected to be employed for more than 60 days, the individual should complete an OGE Form SF 278, Executive Branch Public Financial Disclosure Report. If the individual is expected to be employed less than 61 days or will be paid at the level of GG-15 or below, the individual should complete an OGE Form 450, Executive Branch Confidential Financial Disclosure Report, for completion. (OGE Form 450 is available o n the Office of Government Ethics website:

https://www.oge.gov/web/OGE.nsf/OGE+Forms.)

(b) The letter also should inform the individual that their appointment is subject to completion of a conflict-of-interest review.

(c) After the prospective appointee completes the forms, the individual will return them to the office director, the regional administrator, or the executive director of the advisory committee proposing the hiring of the consultant.

(d) In addition, the authorizing official executes NRC Form 448, "Request for Appointment of a Consultant, Expert, or Member." NRC Form 448 must be approved by the appropriate authorizing official. (NRC Form 448 is available i n the NRC Forms Library on SharePoint:

https://usnrc.sharepoint.com/teams/NRC-Forms-Library/SitePages/Home.aspx.)

For the latest version of any NRC directive or handbook, see the online MD Catalog. 5

DH 10.6 USE OF CONSULTANTS AND EXPERTS Date Approved: 12/21/2022

(e) The organization proposing the hiring of the consultant or expert distributes the completed paperwork as follows:

(i) To OCHCO

  • An SF 52, "Request for Personnel Action";
  • Candidate resume;
  • A security forms packet, including the memorandum designed to address the requirements of Section 1 45b of the Atomic Energy Act, with the subject line: "AUTHORITY TO APPROVE THE EMPLOYMENT OF AN INDIVIDUAL BEFORE COMPLETION OF THE REQUIRED INVESTIGATION AND REPORT WHEN ACCESS TO CLASSIFIED MATTER IS NOT INVOLVED" (see MD 12.3);
  • If applicable, the memorandum requesting approval of a term exceeding 130 days.

(ii) To OGC

  • A completed OGE Form 450 or OGE 278, as appropriate, and
  • If applicable, a copy of the memorandum requesting approval of a term exceeding 130 days.

(f) After receipt of the paperwork, OCHCO or OIG initiates pre-employment processing, such as security clearance procedures and verification that full-time-equivalent (FTE) ceilings are not exceeded, and implements the personnel action when all such requirements are completed. The personnel action is implemented by issuing an SF 50, "Notification of Personnel Action." (SF 50 is available in the NRC Form Library under Non-NRC Forms at https://usnrc.sharepoint.com/teams/NRC-Forms-Library/SitePages/Home.aspx.)

(g) OCHCO must appoint the individual before he or she may perform work.

5. Renewal of Appointments Consultants and experts must be given new appointments at the beginning of each service year (October 1 through September 30) if their continued service is necessary. These appointments must be effected in accordance with guidelines specified in this handbook. The appointments are initiated by submitting to OCHCO a new SF 52 and a new NRC Form 448. A new OGE Form 278 or OGE Form 450, as appropriate, filled out by the individual concerned should be forwarded directly to OGC by the employing office. These forms are forwarded for processing and For the latest version of any NRC directive or handbook, see the online MD Catalog. 6

DH 10.6 USE OF CONSULTANTS AND EXPERTS Date Approved: 12/21/2022

execution of a new SF 50. None of the other supporting forms or clearances required for initial appointment need to be processed for renewals. OIG will process its own renewal of consultant appointments.

6. Termination of Appointments (a) When a consultant or an expert resigns, or when an office decides to terminate or not extend the appointment of a consultant or an expert beyond the end of the service year, the cognizant office should submit an SF 52 to OCHCO to initiate the action. When preparing the termination SF 50, OCHCO is required to document in the "Remarks" section the number of days the individual worked from the beginning date of the appointment to the ending date.

(b) OCHCO will notify the Division of Facilities and Security (DFS), Office of Administration (ADM), when the consultant's appointment has been terminated or not renewed so that DFS can terminate the individual's security clearance and obtain from the employee a completed NRC Form 136, "Security Termination Statement." OCHCO also will inform the Assistant General Counsel for Legislation, Ethics, and Administrative Law and those who are subject to the OGE 278 filing requirement that they must file another OGE Form 278 within 30 days of leaving their position unless they are immediately reappointed to another position that also requires them to complete an OGE Form 278. (NRC Form 136 is available in the NRC Forms Library on SharePoint:

https://usnrc.sharepoint.com/teams/NRC-Forms-Library/SitePages/Home.aspx.)

7. Accountability for Funds The Division of Budget (DB), Office of the Chief Financial Officer (OCFO), or the Office of the Inspector General for OIG consultants, is responsible for instituting appropriate systems and controls to ensure that salaries and benefit funds from the salaries and expenses appropriation are not obligated or paid in excess of available balances. To observe the FTE ceilings allocated by DB, OCHCO institutes systems and controls to ensure that personnel appointments do not exceed the approved limits, consistent with MD 4.2, "Adm inistrative Control of Funds.

II. PAY, REIMBURSEMENTS, AND FRINGE BENEFITS

A. Hours of Duty Consultants and experts are usually appointed to serve intermittently (see the Glossary of this directive). In such cases, it is sufficient to notify the appointee when to report and the approximate period of expected service. However, in those extraordinary cases when it is known that regularly scheduled services will be needed during each administrative workweek for more than a month, a regularly scheduled tour of duty will be established for the individual, as provided in Management Directive (MD) 10.42, "Work Schedules and Premium Pay."

For the latest version of any NRC directive or handbook, see the online MD Catalog. 7

DH 10.6 USE OF CONSULTANTS AND EXPERTS Date Approved: 12/21/2022

B. Pay Rates

1. Rates of pay will be set to correspond with the level of duties to be performed as determined by agency benchmarks, the individual's qualifications, and the rates paid for similar services from other sources. Compensation will not exceed Level IV of the Executive Schedule.
2. General salary increases for full-time career employees will not form the basis for increasing consultant or expert pay rates. Generally, increases should only be made when appointments are considered for renewal. However, under special circumstances, increases in the pay rates may be made at other times up to the maximum level specified above. To increase pay rates, authorizing officials must recommend, by memorandum to the CHCO, that appointments be amended.

Examples of special circumstances are (a) A demonstration of exceptional competence in current NRC consulting assignments.

(b) Those instances in which the individual can demonstrate that his or her services have been compensated at a higher rate in other consultant or expert capacities, or in full-time employment in private industry.

C. Gratuitous Services

1. The agency may accept the gratuitous services of a consultant or an expert who is given an appointment with the NRC and who agrees in advance to serve without compensation.
2. A consultant or an expert may serve without compensation but still be reimbursed for travel and other necessary duty-related expenses.

D. Payment for Services

1. The consultant or expert may claim payment for all hours of service performed, including evenings, Saturdays, Sundays, and holidays. (Note, however, when a consultant or an expert works any part of a day, the day is counted toward the 130- day limit described in Section I. D.3.)
2. No regular overtime, holiday pay, or premium compensation may be claimed for service in excess of 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> in any one day or for evening, Saturday, Sunday, or holiday services for consultants or experts on an intermittent work schedule.
3. Consultants and experts on intermittent work schedules may not claim any type of compensation for time spent traveling as hours of work.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 8

DH 10.6 USE OF CONSULTANTS AND EXPERTS Date Approved: 12/21/2022

E. Deductions From Pay The following deductions will be made from a consultant's pay:

1. Income taxes will be withheld as required by Federal or other law.
2. Deductions will be made for FICA (Social Security), unless the person is otherwise covered under the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS), in which case the appropriate CSRS or FERS and FICA retirement deductions would be made.
3. Deductions will be made for Medicare Part A tax.
4. An appointee who is a civil service annuitant and who is not granted a waiver of pension offset will have deducted an amount equal to the Federal annuity allocable to the period for which salary payment is made.
5. Because of the nature of their appointments (temporary), and their schedules (intermittent), consultants and experts are normally excluded from coverage under the Civil Service Retirement Act, as amended; the Federal Employees' Retirement System Act of 1986; the Federal Employee Health Benefits Act of 1959; and the Federal Employees Life Insurance Act of 1954. However, individuals who previously had coverage under the Health Benefits and Life Insurance Acts, and who did not have a break in service before becoming a consultant or an expert, may be eligible to retain those benefits.
6. Reemployed annuitants who have intermittent schedules are not eligible for a supplemental or readjusted annuity.
7. Consultants and experts who sustain injuries during the performance of assigned duties are entitled to compensation under the Federal Employees Compensation Act.

In case of injury resulting in death, the estate is entitled to compensation.

8. Employees should be aware that the obligations, benefits, and privileges of all Governmentwide benefit programs are provided by statute and therefore are subject to change by legislation and by regulations of other Government agencies. All benefits determinations are made in accordance with applicable laws and regulations.

F. Miscellaneous Expenses To the extent authorized or approved, consultants may be reimbursed for direct, out-of-pocket expenses associated with their assignments. These expenses include items such as postage, long distance calls, and stenographic or reproduction services when Government facilities could not feasibly be used.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 9

DH 10.6 USE OF CONSULTANTS AND EXPERTS Date Approved: 12/21/2022

G. Travel Expenses Travel expenses are paid in accordance with MD 14.1, "Official Temporary Duty Travel."

H. Annual and Sick Leave

1. Consultants and experts who are on an intermittent tour of duty do not earn annual or sick leave.
2. Consultants and experts who have a regularly scheduled tour of duty, i.e., full time or part time, earn annual and sick leave.

III. GLOSSARY

Consultant Gives views or opinions on problems or questions presented by the agency but neither performs nor supervises performance of operating functions. The consultant's expertise should consist of a high order of broad administrative, professional, or technical experience indicating that the individual's ability and knowledge make their advice distinctively valuable to the agency.

Expert A person who has excellent qualifications and a high degree of attainment in a professional, scientific, technical, or other field. The expert's knowledge and mastery of the principles, practices, problems, methods, and techniques of his or her field of activity, or of a specialized area in the field, are clearly superior to those usually possessed by ordinarily competent persons in that activity. The expert's attainment is such that the individual usually is regarded as an authority or as a practitioner of unusual competence and skill by other persons in the profession, occupation, or activity.

Regular Government Employee Any employee, including a consultant or an expert, who is retained or employed with or without compensation by NRC and/or any other agency for more than 130 working days during any period of 365 consecutive days.

Service Year The period of 365 consecutive days for which a consultant or an expert is appointed. For consultants and experts, the service year begins on October 1 and ends on September 30.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 10

DH 10.6 USE OF CONSULTANTS AND EXPERTS Date Approved: 12/21/2022

Special Government Employee Any employee, including a consultant or an expert, who is retained or employed with or without compensation by NRC and/or any other agency for not more than 130 working days during any period of 365 consecutive days.

Tour of Duty For the purposes of this directive, there are three tours of duty (types of work schedules) that consultants and experts may work.

Full-Time Tour of Duty Generally, 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> of work per pay period are regularly scheduled on prescribed days and at prescribed times. Consultants and experts in the NRC are almost never assigned full-time tours of duty.

Part-Time Tour of Duty Generally, part-time employment of 16 to 32 hours3.703704e-4 days <br />0.00889 hours <br />5.291005e-5 weeks <br />1.2176e-5 months <br /> a week is regularly scheduled on prescribed days and at prescribed times. Part -time tours of duty for consultants and experts in the NRC are rare.

Intermittent Tour of Duty Employment on an irregular or occasional basis, where work is not performed on prescribed days and at prescribed times. Almost all consultants and experts in the NRC have intermittent tours of duty.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 11

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