; and (B) by redesignating subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively; and (3) in paragraph (6)— (A) by striking The Chairman and inserting the following: (A) In general The Chairman ; and (B) by adding at the end the following: (B) Implementation plan 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. . (b) Direct hire authority Section 401 of the Department of Energy Organization Act ( 42 U.S.C. 7171 ) is amended by adding at the end the following: (l) Direct hire authority (1) In general 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. (2) Limitation 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. (3) Termination (A) In general A certification issued or renewed under this subsection shall terminate on the earlier of— (i) the date that is 5 years after the certification is issued or renewed