; or (B) the date on which the Chairman determines 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 in a timely, efficient, and effective manner. (5) Level of positions To the extent practicable, in carrying out paragraph (1) the Chairman shall recruit and directly appoint highly qualified individuals into the excepted service to entry, mid, and senior level covered positions, including term-limited covered positions. (b) Addressing insufficient compensation of employees and other personnel of the Commission (1) In general Notwithstanding any other provision of law, if the Chairman issues or renews a certification that compensation for employees or other personnel of the Commission serving in a covered position is insufficient to retain or attract such employees and other personnel to allow the Commission to carry out the responsibilities and activities of the Commission in a timely, efficient, and effective manner, the Chairman may, during any period when such a certification is in effect, fix the compensation for such employees or other personnel serving in a covered position without regard to any provision of title 5, United States Code, governing General Schedule classification and pay rates. (2) Certification requirements A certification issued or renewed under this subsection shall— (A) apply to employees or other personnel who serve in covered positions; (B) terminate on the earlier of— (i) the date that is 10 years after the certification is issued or renewed; or (ii) the date on which the Chairman determines that the use of the authority of the Chairman under this subsection to fix compensation for employees or other personnel serving in a covered position is no longer necessary to retain or attract such employees and other personnel to allow the Commission to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner