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1 1 (April 10, 2020)

handle is hein.crs/govcqzw0001 and id is 1 raw text is: FF. , riE S-' $. h ,., , April 10, 2020 Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136): Selected Provisions on Federal Hiring In response to Coronavirus Disease 2019 (COVID-19), Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted as P.L. 116-136 on March 27, 2020. The law establishes new hiring authorities for several federal executive branch departments and agencies: the Department of Housing and Urban Development (HUD), the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), the Department of Commerce, and the Department of Health and Human Services (HHS). The law also authorizes a Special Inspector General and a Congressional Oversight Commission and provides authorities for establishing those entities with needed personnel. For information on federal pay flexibilities, see CRS In Focus IF1 1489, Federal Executive Agencies: Selected Pay Flexibilities for COVID- 19 Response. Division A, Title IV, Subtitle A, Section 4010 of the law authorizes the Secretary of HUD, the SEC, and the CFTC to recruit and appoint candidates directly to selected positions without regard to existing veterans' preference requirements, standards for rating and ranking applicants, and rule of three (selection from highest three eligible candidates) procedures codified at 5 U.S.C. §3309 through §3318. This new hiring authority may be used to fill temporary and term appointments when a determination is made that the expedited procedures are necessary and appropriate to enable the agencies to prevent, prepare for, or respond to COVID-19. The authority became effective on the act's enactment date and will end on either the termination date of the national emergency concerning COVID-19 or December 31, 2020, whichever is sooner. The authority provided by Section 4010 is a direct-hire authority that expedites hiring. Using direct-hire, an agency may hire any qualified applicant without regard to 5 U.S.C. §3309 through §3318. Public notice must be given for positions an agency seeks to fill. U.S. Office of Personnel Management (OPM) regulations that are prescribed at Part 337, Subpart B of Title 5 of the Code ofFederal Regulations (C.F.R.) provide the requirements related to direct-hire. For additional information on these requirements, see CRS In Focus IF 11468, Federal Executive Agencies: Hiring Flexibilities for Emergency Situations. De,-.'4.'-%, *- C' ',,--e-, ,ao,,- -- Division B, Title II of P.L. 116-136 authorizes the Secretary of Commerce to appoint such temporary personnel as may be necessary to implement specified requirements of the law to positions in the Economic Development Administration after serving continuously for two years. The individuals are to be appointed in the same manner that competitive service employees with competitive status are considered for transfer, reassignment, or promotion to such positions. They would become career-conditional employees unless the requirements for career tenure have already been completed. Competitive status provides an individual with basic eligibility for noncompetitive assignment to a competitive position in the Civil Service. It is acquired by a career or career-conditional employee upon satisfactory completion of a probationary period. Division B, Title VIII, Section 18108 of the law authorizes the Secretary of HHS to use appropriated funds to appoint candidates directly to positions performing critical work related to COVID-19 without regard to existing veterans' preference requirements, standards for rating and ranking applicants, rule of three procedures, and category rating procedures codified at 5 U.S.C. §3309 through §3319. Category rating allows an appointing official to select any applicant in the highest quality category or, if fewer than three candidates have been assigned to the highest quality category, in a merged category consisting of the highest and the second highest quality categories. Public notice of the positions the department seeks to fill must be given to use this direct hire authority. The Secretary must also have determined that a public health threat exists. Section 302 of P.L. 116-123, the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020, as enacted on March 6, 2020, provides a similar authority to the HHS Secretary. Spe n pe,,,r Gk.. er. Division A, Title IV, Subtitle A, Section 4018 of P.L. 116- 136 establishes a new Office of the Special Inspector General (IG) for Pandemic Recovery. The IG is authorized to select, appoint, and employ such officers and employees as may be necessary to carry out the IG's duties under existing 5 U.S.C. procedures for competitive service appointments, position classification (5 U.S.C. Chapter 51) and General Schedule (GS) pay (5 U.S.C. Chapter 53, Subchapter III). The competitive service appointment process may consist of a written test, an evaluation of an individual's education and experience, and an evaluation of other attributes necessary for successful performance of a position. In addition, the IG may obtain the services of experts and consultants, in accordance with 5 U.S.C. §3109, N.: z:O&X:2$' ~.Ct fl:OC~qK~'$ gogn, q goo g , q aS ' X 11LULANJILiN,

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