Title 42The Public Health and WelfareRelease 119-73

§5849 Other officers

Title 42 › Chapter CHAPTER 73— - DEVELOPMENT OF ENERGY SOURCES › Subchapter SUBCHAPTER II— - NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER PROTECTION › § 5849

Last updated Apr 6, 2026|Official source

Summary

The Commission must appoint an Executive Director for Operations who serves at the Commission’s pleasure and can be removed by the Commission. The Executive Director does the tasks the Commission gives, but cannot stop leaders of any component part from reporting or talking directly to the Commission when those leaders need to do so. Those leaders must keep the Executive Director fully and currently informed about what they tell the Commission. The Executive Director must report twice a year at public meetings on the Commission’s equal employment opportunity efforts. The Executive Director must also prepare and send an annual report (starting with fiscal year 1978 and each year after) on domestic safeguards programs, including how effective safeguards are at licensed facilities and activities. The Commission must send that report to Congress before February 1, 1979, and before February 1 of each year after, as a separate chapter of its annual report. The Commission may appoint up to five more officers; those jobs are career positions and follow the law’s rules for career positions.

Full Legal Text

Title 42, §5849

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Commission shall appoint an Executive Director for Operations, who shall serve at the pleasure of and be removable by the Commission.
(b)The Executive Director shall perform such functions as the Commission may direct, except that the Executive Director shall not limit the authority of the director of any component organization provided in this chapter to communicate with or report directly to the Commission when such director of a component organization deems it necessary to carry out his responsibilities. Notwithstanding the preceding sentence, each such director shall keep the Executive Director fully and currently informed concerning the content of all such direct communications with the Commission.
(c)The Executive Director shall report to the Commission at semi-annual public meetings on the problems, progress, and status of the Commission’s equal employment opportunity efforts.
(d)The Executive Director shall prepare and forward to the Commission an annual report (for the fiscal year 1978 and each succeeding fiscal year) on the status of the Commission’s programs concerning domestic safeguards matters including an assessment of the effectiveness and adequacy of safeguards at facilities and activities licensed by the Commission. The Commission shall forward to the Congress a report under this section prior to February 1, 1979, as a separate document, and prior to February 1 of each succeeding year as a separate chapter of the Commission’s annual report (required under section 5877(c) of this title) following the fiscal year to which such report applies.
(e)There shall be in the Commission not more than five additional officers appointed by the Commission. The positions of such officers shall be considered career positions and be subject to section 2201(d) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, known as the Energy Reorganization Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 5801 of this title and Tables.

Amendments

1978—Subsec. (b). Pub. L. 95–601, § 4(a), inserted provision requiring component organization directors to keep the Executive Director informed as to communications with the Commission. Subsec. (c). Pub. L. 95–601, § 4(b), added subsec. (c). Former subsec. (c) redesignated (e). Subsec. (d). Pub. L. 95–601, § 6, added subsec. (d). Subsec. (e). Pub. L. 95–601, § 4(b), redesignated former subsec. (c) as (e).

Statutory Notes and Related Subsidiaries

Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (d) of this section relating to forwarding of annual report to Congress, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and the 10th item on page 186 of House Document No. 103–7.

Executive Documents

Transfer of Functions

For transfer of certain functions from Nuclear Regulatory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 5849

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73