---
kind: "section"
citation: "42 U.S.C. § 2201b"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2201b"
heading: "Commission workforce"
release: "119-102"
url: "https://uscodex.org/usc/42/2201b"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division A — Atomic Energy"
  - "Subchapter XIII — General Authority of Commission"
---

# §2201b. Commission workforce

- (a) **Direct hire authority—**
  - (1) **In general—** Notwithstanding [section 2201(d) of this title](/usc/42/2201.md?p=d) and any provision of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.),[^1] and without regard to any provision of [title 5](/usc/5.md) (except section 3328) governing appointments in the civil service, the Chairman of the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1) (in this section referred to as the “Chairman”) may, in order to carry out the Nuclear Regulatory [Commission](/usc/42/2000ff.md?p=1)’s (in this section referred to as the “[Commission](/usc/42/2000ff.md?p=1)”) responsibilities and activities in a timely, efficient, and effective manner and subject to the limitations described in paragraphs [(2)](#a-2), [(3)](#a-3), and [(4)](#a-4)—
    - (A) recruit and directly appoint exceptionally well-[qualified individuals](/usc/42/18032.md?p=f-1-A) into the excepted service for [covered positions](#g); and
    - (B) establish in the excepted service term-limited [covered positions](#g) and recruit and directly appoint exceptionally well-[qualified individuals](/usc/42/18032.md?p=f-1-A) into such term-limited [covered positions](#g), which may not exceed a term of 4 years.
  - (2) **Limitations—**
    - (A) **Number—**
      - (i) **In general—** The number of exceptionally well-[qualified individuals](/usc/42/18032.md?p=f-1-A) serving in [covered positions](#g) pursuant to [paragraph (1)(A)](#a-1-A) may not exceed 210 at any one time.
      - (ii) **Term-limited covered positions—** The Chairman may not appoint more than 20 exceptionally well-[qualified individuals](/usc/42/18032.md?p=f-1-A) into term-limited [covered positions](#g) pursuant to [paragraph (1)(B)](#a-1-B) during any fiscal year.
    - (B) **Compensation—**
      - (i) **Annual rate—** The annual basic rate of pay for any individual appointed under [paragraph (1)(A)](#a-1-A) or [paragraph (1)(B)](#a-1-B) may not exceed the annual basic rate of pay for level III of the Executive Schedule under [section 5314 of title 5](/usc/5/5314.md).
      - (ii) **Experience and qualifications—** Any individual recruited and directly appointed into a [covered position](#g) or a term-limited [covered position](#g) shall be compensated at a rate of pay that is commensurate with such individual’s experience and qualifications.
    - (C) **Senior executive service position—** The Chairman may not, under [paragraph (1)(A)](#a-1-A) or [paragraph (1)(B)](#a-1-B), appoint exceptionally well-[qualified individuals](/usc/42/18032.md?p=f-1-A) to any Senior Executive Service position, as defined in [section 3132 of title 5](/usc/5/3132.md).
  - (3) **Level of positions—** To the extent practicable, in carrying out [paragraph (1)](#a-1) the Chairman shall recruit and directly appoint exceptionally well-[qualified individuals](/usc/42/18032.md?p=f-1-A) into the excepted service to entry, mid, and senior level [covered positions](#g), including term-limited [covered positions](#g).
  - (4) **Consideration of future workforce needs—** When recruiting and directly appointing exceptionally well-[qualified individuals](/usc/42/18032.md?p=f-1-A) to [covered positions](#g) pursuant to [paragraph (1)(A)](#a-1-A), to maintain sufficient flexibility under the limitations of [paragraph (2)(A)(i)](#a-2-A-i), the Chairman shall consider the future workforce needs of the [Commission](/usc/42/2000ff.md?p=1) to carry out its responsibilities and activities in a timely, efficient, and effective manner.
- (b) **Addressing insufficient compensation of employees and other personnel of the Commission—**
  - (1) **In general—** Notwithstanding any other provision of law, the Chairman may fix the compensation for [employees](/usc/42/1320a–7h.md?p=e-7) or other personnel serving in a [covered position](#g) without regard to any provision of [title 5](/usc/5.md) governing General Schedule classification and pay rates.
  - (2) **Applicability—** The authority under this subsection to fix the compensation of [employees](/usc/42/1320a–7h.md?p=e-7) or other personnel shall apply with respect to an [employee](/usc/42/1320a–7h.md?p=e-7) or other personnel serving in a [covered position](#g) regardless of when the [employee](/usc/42/1320a–7h.md?p=e-7) or other personnel was hired.
  - (3) **Limitations on compensation—**
    - (A) **Annual rate—** The Chairman may not use the authority under [paragraph (1)](#b-1) to fix the compensation of [employees](/usc/42/1320a–7h.md?p=e-7) or other personnel—
      - (i) at an annual rate of basic pay higher than the annual basic rate of pay for level III of the Executive Schedule under [section 5314 of title 5](/usc/5/5314.md); or
      - (ii) at an annual rate of basic pay that is not commensurate with such an [employee](/usc/42/1320a–7h.md?p=e-7) or other personnel’s experience and qualifications.
    - (B) **Senior Executive Service positions—** The Chairman may not use the authority under [paragraph (1)](#b-1) to fix the compensation of an [employee](/usc/42/1320a–7h.md?p=e-7) serving in a Senior Executive Service position, as defined in [section 3132 of title 5](/usc/5/3132.md).
- (c) **Additional compensation authority—**
  - (1) **For new employees—** The Chairman may pay an individual recruited and directly appointed under [subsection (a)](#a) a 1-time hiring bonus in an amount not to exceed $25,000.
  - (2) **For existing employees—**
    - (A) **In general—** Subject to subparagraphs [(B)](#c-2-B) and [(C)](#c-2-C), an [employee](/usc/42/1320a–7h.md?p=e-7) or other personnel who the Chairman determines exhibited exceptional performance in a fiscal year may be paid a performance bonus in an amount not to exceed the least of—
      - (i) $25,000; and
      - (ii) the amount of the limitation that is applicable for a calendar year under [section 5307(a)(1) of title 5](/usc/5/5307.md?p=a-1).
    - (B) **Exceptional performance—** Exceptional performance under [subparagraph (A)](#c-2-A) includes—
      - (i) leading a [project](/usc/42/11360.md?p=20) team in a timely and efficient licensing review to enable the safe use of nuclear technology;
      - (ii) making significant contributions to a timely and efficient licensing review to enable the safe use of nuclear technology;
      - (iii) the resolution of novel or first-of-a-kind regulatory issues;
      - (iv) developing or implementing licensing or regulatory oversight processes to improve the effectiveness of the [Commission](/usc/42/2000ff.md?p=1); and
      - (v) other performance, as determined by the Chairman.
    - (C) **Limitations—**
      - (i) **Subsequent bonuses—** Any [person](/usc/42/1320a–7k.md?p=d-4-C-i) who receives a performance bonus under [subparagraph (A)](#c-2-A) may not receive another performance bonus under that subparagraph for a period of 5 years thereafter.
      - (ii) **Hiring bonuses—** Any [person](/usc/42/1320a–7k.md?p=d-4-C-i) who receives a 1-time hiring bonus under [paragraph (1)](#c-1) may not receive a performance bonus under [subparagraph (A)](#c-2-A) unless more than one year has elapsed since the payment of such 1-time hiring bonus.
      - (iii) **No bonus for Senior Executive Service positions—** No [person](/usc/42/1320a–7k.md?p=d-4-C-i) serving in a Senior Executive Service position, as defined in [section 3132 of title 5](/usc/5/3132.md), may receive a performance bonus under [subparagraph (A)](#c-2-A).
- (d) **Implementation plan and report—**
  - (1) **In general—** Not later than 180 days after July 9, 2024, the Chairman shall develop and implement a plan to carry out this section. Before implementing such plan, the Chairman shall submit to the Committee on [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the House of [Representatives](/usc/42/3058f.md?p=5), the Committee on Environment and Public Works of the Senate, and the [Office](/usc/42/3058f.md?p=1) of Personnel Management a report on the details of the plan.
  - (2) **Report content—** The report submitted under [paragraph (1)](#d-1) shall include—
    - (A) evidence and supporting documentation justifying the plan; and
    - (B) budgeting projections on costs and benefits resulting from the plan.
  - (3) **Consultation—** The Chairman may consult with the [Office](/usc/42/3058f.md?p=1) of Personnel Management, the [Office](/usc/42/3058f.md?p=1) of Management and Budget, and the Comptroller General of the [United States](/usc/42/403.md?p=k) in developing the plan under [paragraph (1)](#d-1).
- (e) **Delegation—** The Chairman shall delegate, subject to the direction and supervision of the Chairman, the authority provided by subsections [(a)](#a), [(b)](#b), and [(c)](#c) to the [Executive Director](/usc/42/4370m.md?p=12) for Operations of the [Commission](/usc/42/2000ff.md?p=1).
- (f) **Information on hiring, vacancies, and compensation—**
  - (1) **In general—** The [Commission](/usc/42/2000ff.md?p=1) shall include in its budget materials submitted in support of the budget of the President (submitted to Congress pursuant to [section 1105 of title 31](/usc/31/1105.md)), for fiscal year 2026 and each fiscal year thereafter, information relating to hiring, vacancies, and compensation at the [Commission](/usc/42/2000ff.md?p=1).
  - (2) **Inclusions—** The information described in [paragraph (1)](#f-1) shall include—
    - (A) an analysis of any trends with respect to hiring, vacancies, and compensation at the [Commission](/usc/42/2000ff.md?p=1);
    - (B) a description of the efforts to retain and attract [employees](/usc/42/1320a–7h.md?p=e-7) or other personnel to serve in [covered positions](#g) at the [Commission](/usc/42/2000ff.md?p=1);
    - (C) information that describes—
      - (i) how the authority provided by [subsection (a)](#a) is being used to address the hiring needs of the [Commission](/usc/42/2000ff.md?p=1);
      - (ii) the total number of exceptionally well-[qualified individuals](/usc/42/18032.md?p=f-1-A) serving in—
        - (I) [covered positions](#g) described in [subsection (g)(1)](#g-1) pursuant to [subsection (a)(1)(A)](#a-1-A);
        - (II) [covered positions](#g) described in [subsection (g)(2)](#g-2) pursuant to [subsection (a)(1)(A)](#a-1-A);
        - (III) term-limited [covered positions](#g) described in [subsection (g)(1)](#g-1) pursuant to [subsection (a)(1)(B)](#a-1-B); and
        - (IV) term-limited [covered positions](#g) described in [subsection (g)(2)](#g-2) pursuant to [subsection (a)(1)(B)](#a-1-B);
      - (iii) how the authority provided by [subsection (b)](#b) is being used to address the hiring or retention needs of the [Commission](/usc/42/2000ff.md?p=1);
      - (iv) the total number of [employees](/usc/42/1320a–7h.md?p=e-7) or other personnel serving in a [covered position](#g) that have their compensation fixed pursuant to [subsection (b)](#b); and
      - (v) the attrition levels with respect to term-limited [covered positions](#g) appointed under [subsection (a)(1)(B)](#a-1-B), including the number of individuals leaving a term-limited [covered position](#g) before completion of the applicable term of service and the average length of service for such individuals as a percentage of the applicable term of service; and
    - (D) an assessment of—
      - (i) the current critical workforce needs of the [Commission](/usc/42/2000ff.md?p=1) and any critical workforce needs that the [Commission](/usc/42/2000ff.md?p=1) anticipates in the next five years; and
      - (ii) additional skillsets that are or likely will be needed for the [Commission](/usc/42/2000ff.md?p=1) to fulfill the licensing and oversight responsibilities of the [Commission](/usc/42/2000ff.md?p=1).
- (g) **Covered position—** In this section, the term “covered position” means—
  - (1) a position in which an [employee](/usc/42/1320a–7h.md?p=e-7) or other personnel is responsible for conducting work of a highly-specialized scientific, technical, engineering, mathematical, or otherwise skilled nature to address a critical licensing or regulatory oversight need for the [Commission](/usc/42/2000ff.md?p=1); or
  - (2) a position that the [Executive Director](/usc/42/4370m.md?p=12) for Operations of the [Commission](/usc/42/2000ff.md?p=1) determines is necessary to fulfill the responsibilities of the [Commission](/usc/42/2000ff.md?p=1) in a timely, efficient, and effective manner.
- (h) **Sunset—**
  - (1) **In general—** Except as provided in [paragraph (2)](#h-2), the authorities provided by subsections [(a)](#a) and [(b)](#b) shall terminate on September 30, 2034.
  - (2) **Certification—** If, no later than the date referenced in [paragraph (1)](#h-1), the [Commission](/usc/42/2000ff.md?p=1) issues a certification that the authorities provided by [subsection (a)](#a), [subsection (b)](#b), or both subsections are necessary for the [Commission](/usc/42/2000ff.md?p=1) to carry out its responsibilities and activities in a timely, efficient, and effective manner, the authorities provided by the applicable subsection shall terminate on September 30, 2039.
  - (3) **Compensation—** The termination of the authorities provided by subsections [(a)](#a) and [(b)](#b) shall not affect the compensation of an [employee](/usc/42/1320a–7h.md?p=e-7) or other personnel serving in a [covered position](#g) whose compensation was fixed by the Chairman in accordance with subsection [(a)](#a) or [(b)](#b).

## Footnotes

[^1]: So in original. Probably should be capitalized.

## Source credit

(Aug. 1, 1946, ch. 724, title I, § 161B, as added Pub. L. 118–67, div. B, title V, § 502(a)(1), July 9, 2024, 138 Stat. 1471.)

## Notes

### Editorial Notes

### References in Text

Reorganization Plan No. 1 of 1980, referred to in subsec. (a)(1), is set out in the Appendix to Title 5, Government Organization and Employees, and as a note under section 5841 of this title.

### Statutory Notes and Related Subsidiaries

### Annual Solicitation for Nuclear Regulator Apprenticeship Network Applications

Pub. L. 118–67, div. B, title V, § 502(c), July 9, 2024, 138 Stat. 1476, provided that: “The [Nuclear Regulatory] Commission, on an annual basis, shall solicit applications for the Nuclear Regulator Apprenticeship Network.”