---
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"
date: "2026-07-12"
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/42/2014.md?p=f) (in this section referred to as the “Chairman”) may, in order to carry out the Nuclear Regulatory [Commission](/usc/42/2014.md?p=f)’s (in this section referred to as the “[Commission](/usc/42/2014.md?p=f)”) 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 into the excepted service for covered positions; and
    - (B) establish in the excepted service term-limited covered positions and recruit and directly appoint exceptionally well-qualified individuals into such term-limited covered positions, which may not exceed a term of 4 years.
  - (2) **Limitations—**
    - (A) **Number—**
      - (i) **In general—** The number of exceptionally well-qualified individuals serving in covered positions 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 into term-limited covered positions 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 or a term-limited covered position 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 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 into the excepted service to entry, mid, and senior level covered positions, including term-limited covered positions.
  - (4) **Consideration of future workforce needs—** When recruiting and directly appointing exceptionally well-qualified individuals to covered positions 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/42/2014.md?p=f) 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 or other personnel serving in a covered position 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 or other personnel shall apply with respect to an employee or other personnel serving in a covered position regardless of when the employee 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 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 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 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 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/42/13641.md?p=2) 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/42/2014.md?p=f); and
      - (v) other performance, as determined by the Chairman.
    - (C) **Limitations—**
      - (i) **Subsequent bonuses—** Any [person](/usc/42/2014.md?p=s) 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/42/2014.md?p=s) 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/42/2014.md?p=s) 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 and Commerce of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Office 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 of Personnel Management, the Office of Management and Budget, and the Comptroller General of the [United States](/usc/42/2014.md?p=bb) 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/42/11851.md?p=5) for Operations of the [Commission](/usc/42/2014.md?p=f).
- (f) **Information on hiring, vacancies, and compensation—**
  - (1) **In general—** The [Commission](/usc/42/2014.md?p=f) 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/42/2014.md?p=f).
  - (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/42/2014.md?p=f);
    - (B) a description of the efforts to retain and attract employees or other personnel to serve in covered positions at the [Commission](/usc/42/2014.md?p=f);
    - (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/42/2014.md?p=f);
      - (ii) the total number of exceptionally well-qualified individuals serving in—
        - (I) covered positions described in [subsection (g)(1)](#g-1) pursuant to [subsection (a)(1)(A)](#a-1-A);
        - (II) covered positions described in [subsection (g)(2)](#g-2) pursuant to [subsection (a)(1)(A)](#a-1-A);
        - (III) term-limited covered positions described in [subsection (g)(1)](#g-1) pursuant to [subsection (a)(1)(B)](#a-1-B); and
        - (IV) term-limited covered positions 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/42/2014.md?p=f);
      - (iv) the total number of employees or other personnel serving in a covered position that have their compensation fixed pursuant to [subsection (b)](#b); and
      - (v) the attrition levels with respect to term-limited covered positions appointed under [subsection (a)(1)(B)](#a-1-B), including the number of individuals leaving a term-limited covered position 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/42/2014.md?p=f) and any critical workforce needs that the [Commission](/usc/42/2014.md?p=f) anticipates in the next five years; and
      - (ii) additional skillsets that are or likely will be needed for the [Commission](/usc/42/2014.md?p=f) to fulfill the licensing and oversight responsibilities of the [Commission](/usc/42/2014.md?p=f).
- (g) **Covered position—** In this section, the term “covered position” means—
  - (1) a position in which an employee 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/42/2014.md?p=f); or
  - (2) a position that the Executive [Director](/usc/42/11851.md?p=5) for Operations of the [Commission](/usc/42/2014.md?p=f) determines is necessary to fulfill the responsibilities of the [Commission](/usc/42/2014.md?p=f) 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/42/2014.md?p=f) issues a certification that the authorities provided by [subsection (a)](#a), [subsection (b)](#b), or both subsections are necessary for the [Commission](/usc/42/2014.md?p=f) 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 or other personnel serving in a covered position 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.”