Sec. 202. Support for FERC Staffing
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/bill/118/hr/6747/ih/section-202·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 401(k) of the Department of Energy Organization Act ( 42 U.S.C. 7171(k) ) is amended— in paragraph (1), by striking subchapter III of ; in paragraph (2)— by striking subparagraph (A); and by redesignating subparagraphs
(B)through
(E)as subparagraphs
(A)through (D), respectively; and in paragraph (6)— by striking The Chairman and inserting the following: The Chairman ; and by adding at the end the following: Not later than 90 days after the date of enactment of this subparagraph, the Chairman shall submit to the Director of the Office of Personnel Management a plan to implement this subsection. The Director of the Office of Personnel Management shall take final action on the plan not later than 120 days after the submission of such plan. . Section 401 of the Department of Energy Organization Act ( 42 U.S.C. 7171 ) is amended by adding at the end the following: Notwithstanding section 3304 of title 5, United States Code, and without regard to the provisions of sections 3309 through 3318 of such title 5, if the Chairman of the Commission issues a certification that there is as severe shortage of candidates or a critical hiring need for covered positions to carry out the Commission’s responsibilities and activities, the Chairman may, subject to paragraph (3), recruit and directly appoint highly qualified individuals into the competitive service. Any action authorized pursuant to paragraph
(1)shall be consistent with the merit principles of section 2301 of title 5, United States Code, and the Commission shall comply with the public notice requirements of section 3327 of such title 5. A certification issued or renewed under this subsection shall terminate on the earlier of— the date that is 5 years after the certification is issued or renewed; or the date on which the Chairman determines that there is no longer a severe shortage of candidates or a critical hiring need for covered positions to carry out the Commission’s responsibilities and activities. The Chairman may renew a certification issued or renewed under this subsection for an additional 5-year period if the Chairman determines there is still a severe shortage of candidates or a critical hiring need for covered positions to carry out the Commission’s responsibilities and activities. In this subsection, the term covered position means a position in which an employee is responsible for conducting work of a scientific, technical, engineering, mathematical, legal, or otherwise highly specialized or skilled nature. . Section 11004(b) of the Energy Act of 2020 ( 42 U.S.C. 7171 note; Public Law 116–260 ) is amended— in paragraph (1), by striking thereafter for 10 years and inserting thereafter ; and in paragraph (2)(B), by striking or mathematical and inserting mathematical, or otherwise highly specialized or skilled .
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