Sec. 501. Commission workforce
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In this section, the term Chairman means the Chairman of the Commission. Notwithstanding section 161 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201(d) ), any provision of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.) governing appointments, and any provision of title 5, United States Code, governing appointments and General Schedule classification and pay rates, the Chairman may appoint persons to the positions described in paragraph (2), subject to the limitation described in paragraph (3), without regard to the civil service laws. The positions referred to in paragraph
(1)are— positions with highly specialized scientific, engineering, and technical competencies to address a critical need for the Commission, including— health physicist; reactor operations engineer; human factors analyst or engineer; risk and reliability analyst or engineer; licensing project manager; reactor engineer for severe accidents; geotechnical engineer; structural engineer; reactor systems engineer; reactor engineer; radiation scientist; and electronics engineer; or positions to be filled by exceptionally well-qualified individuals that the Commission determines are necessary to fulfill the mission of the Commission. The Chairman may appoint persons to not more than— 90 positions described in paragraph (2)(A); and 90 positions described in paragraph (2)(B). The Commission may pay any employee appointed under paragraph
(1)a 1-time hiring bonus in an amount not to exceed the least of— $25,000; the amount equal to 15 percent of the annual rate of basic pay of the employee; and the amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code. To the maximum extent practicable, the Chairman shall appoint persons under paragraph
(1)to the positions described in paragraph
(2)in accordance with the merit system principles set forth in section 2301 of title 5, United States Code. Notwithstanding section 161 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201(d) ) and chapter 51, and subchapter III of chapter 53, of title 5, United States Code, the Chairman may fix the rate of basic pay for the positions of individuals described in paragraph (2), subject to the limitation described in paragraph (3), in accordance with this subsection. The individuals referred to in paragraph
(1)are— individuals with highly specialized scientific, engineering, and technical competencies to address a critical need for the Commission, including individuals with expertise in— health physics; reactor operations engineering; human factors analysis or engineering; risk and reliability analysis or engineering; licensing project management; reactor engineering for severe accidents; geotechnical engineering; structural engineering; reactor systems engineering; reactor engineering; radiation science; and electronics engineering; or exceptionally well-qualified individuals that the Commission determines are necessary to fulfill the mission of the Commission. Except as provided in subparagraph (B), the annual rate of basic pay for an individual described in paragraph
(2)may not exceed the per annum rate of salary payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, without regard to the civil service laws. The Chairman may set the annual rate of basic pay for an individual described in paragraph
(2)for not more than— 90 persons appointed to positions described in paragraph (2)(A); and 90 persons appointed to positions described in paragraph (2)(B). The Chairman may not delegate the authority provided by subsection
(b)or (c). The Chairman, on an annual basis, shall solicit applications for the Nuclear Regulator Apprenticeship Network. The Chairman shall include in the annual budget justification of the Commission information that describes— the total number of and the positions of the persons appointed under the authority provided by subsection (b); the total number of and the positions of the persons paid at the rate determined under the authority provided by subsection (c); how the authority provided by subsections
(b)and
(c)is being used, and has been used during the previous fiscal year, to address the hiring and retention needs of the Commission with respect to the positions described in those subsections to which that authority is applicable; and if the authority provided by subsections
(b)and
(c)is not being used, or has not been used, the reasons, including a justification, for not using that authority.
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- 94 Stat. 3585
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