42 USC 2201b - Commission workforce

U.S Code last checked for updates: Nov 26, 2024

§ 2201b.

Commission workforce

(a)

Direct hire authority

(1)

In general

Notwithstanding section 2201(d) of this title and any provision of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), and without regard to any provision of title 5 (except section 3328) governing appointments in the civil service, the Chairman of the Nuclear Regulatory Commission (in this section referred to as the “Chairman”) may, in order to carry out the Nuclear Regulatory Commission’s (in this section referred to as the “Commission”) responsibilities and activities in a timely, efficient, and effective manner and subject to the limitations described in paragraphs (2), (3), and (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

(ii)

Term-limited covered positions

(B)

Compensation

(i)

Annual rate

(ii)

Experience and qualifications

(C)

Senior executive service position

(3)

Level of positions

(4)

Consideration of future workforce needs

(b)

Addressing insufficient compensation of employees and other personnel of the Commission

(1)

In general

(2)

Applicability

(3)

Limitations on compensation

(A)

Annual rate

The Chairman may not use the authority under paragraph (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; 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

(c)

Additional compensation authority

(1)

For new employees

(2)

For existing employees

(A)

In general

Subject to subparagraphs (B) and (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.

(B)

Exceptional performance

Exceptional performance under subparagraph (A) includes—

(i)

leading a project 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; and

(v)

other performance, as determined by the Chairman.

(C)

Limitations

(i)

Subsequent bonuses

(ii)

Hiring bonuses

(iii)

No bonus for Senior Executive Service positions

(d)

Implementation plan and report

(1)

In general

(2)

Report content

The report submitted under paragraph (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

(e)

Delegation

(f)

Information on hiring, vacancies, and compensation

(1)

In general

(2)

Inclusions

The information described in paragraph (1) shall include—

(A)

an analysis of any trends with respect to hiring, vacancies, and compensation at the Commission;

(B)

a description of the efforts to retain and attract employees or other personnel to serve in covered positions at the Commission;

(C)

information that describes—

(i)

how the authority provided by subsection (a) is being used to address the hiring needs of the Commission;

(ii)

the total number of exceptionally well-qualified individuals serving in—

(I)

covered positions described in subsection (g)(1) pursuant to subsection (a)(1)(A);

(II)

covered positions described in subsection (g)(2) pursuant to subsection (a)(1)(A);

(III)

term-limited covered positions described in subsection (g)(1) pursuant to subsection (a)(1)(B); and

(IV)

term-limited covered positions described in subsection (g)(2) pursuant to subsection (a)(1)(B);

(iii)

how the authority provided by subsection (b) is being used to address the hiring or retention needs of the Commission;

(iv)

the total number of employees or other personnel serving in a covered position that have their compensation fixed pursuant to subsection (b); and

(v)

the attrition levels with respect to term-limited covered positions appointed under subsection (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 and any critical workforce needs that the Commission anticipates in the next five years; and

(ii)

additional skillsets that are or likely will be needed for the Commission to fulfill the licensing and oversight responsibilities of the Commission.

(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; or

(2)

a position that the Executive Director for Operations of the Commission determines is necessary to fulfill the responsibilities of the Commission in a timely, efficient, and effective manner.

(h)

Sunset

(1)

In general

(2)

Certification

(3)

Compensation

(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.)

cite as: 42 USC 2201b