[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Notices]
[Pages 54787-54789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19616]


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DEPARTMENT OF COMMERCE


[Docket No. 160714611-6611-01]

Office of Administration; Commerce Alternative Personnel System

AGENCY: Office of Administration, Office of Human Resources Management, 
Department of Commerce.

ACTION: Notice.

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SUMMARY: This notice announces modifications to the provisions of the 
Commerce Alternative Personnel System, formerly the Department of 
Commerce Personnel Management Demonstration Project, published in the 
Federal Register on December 24, 1997.
    As published on January 2, 2015 (80 FR 25), the Commerce 
Alternative Personnel System implemented direct-hire authority, under 
section 3304(a)(3) of Title 5 of the United States Code, for 
recruitment of certain scientific and engineering positions in the ZP 
career path at the Pay Band IV and above. Direct-hire authority was 
authorized for positions located in the National Telecommunications and 
Information Administration (NTIA), employed under the First Responder 
Network Authority (FirstNet). The System was modified again, as 
published on June 22, 2016 (81 FR 40653), to increase the number of 
positions FirstNet could fill under direct-hire authority and to 
include certain occupational series in the ZP career path at the Pay 
Band III level and above.
    This notice serves to make changes to the System to expand the use 
of direct-hire authority to the NTIA, Institute for Telecommunication 
Sciences (ITS), and authorizes ITS to fill certain ZP positions, on a 
limited basis, at the Pay Band III level and above. This notice also 
serves to announce the addition of the 1520--Mathematics occupational 
series to the Commerce Alternative Personnel System.

DATES: The amended Commerce Alternative Personnel System is effective 
August 17, 2016.

FOR FURTHER INFORMATION CONTACT: Department of Commerce--Sandra 
Thompson, U.S. Department of Commerce, 14th and Constitution Avenue 
NW., Room 51020, Washington, DC 20230, (202) 482-0056 or Valerie Smith 
at (202) 482-0272.

SUPPLEMENTARY INFORMATION:

1. Background

    The Office of Personnel Management (OPM) approved the Department of 
Commerce (DoC) demonstration project for an alternative personnel 
management system and published the approval of the final plan in the 
Federal Register on Wednesday, December 24, 1997 (62 FR 67434). The 
demonstration project was designed to simplify current classification 
systems allowing greater flexibility in classifying work and paying 
employees; establish a performance management and rewards system for 
improving individual and organizational performance; and improve 
recruiting and examining to attract highly-qualified candidates. The 
purpose of the project was to strengthen the contribution of human 
resources management and test whether the same innovations conducted 
under the National Institute of Standards and Technology alternative 
personnel management system would produce similarly successful results 
in other DoC environments. The project was implemented on March 29, 
1998. The project plan has been modified ten times to clarify certain 
DoC Demonstration Project authorities, and to extend and expand the 
project: 64 FR 52810 (September 30, 1999); 68 FR 47948 (August 12, 
2003); 68 FR 54505 (September 17, 2003); 70 FR 38732 (July 5, 2005); 71 
FR 25615 (May 1, 2006); 71 FR 50950 (August 28, 2006); 74 FR 22728 (May 
14, 2009); 80 FR 25 (January 2, 2015); 81 FR 20322 (April 7, 2016); 81 
FR 40653 (June 22, 2016). With the passage of the Consolidated 
Appropriations Act, 2008, Public Law 110-161, on December 26, 2007, the 
project was made permanent (extended indefinitely) and renamed the 
Commerce Alternative Personnel System (CAPS).
    CAPS provides for modifications to be made as experience is gained, 
results are analyzed, and conclusions are reached on how the system is 
working. This notice announces that the DoC implements ITS' use of 
direct-hire authority under 5 U.S.C. 3304(a)(3) to fill specific 
scientific and engineering positions announced through this notice in 
the ZP career path and adds the occupational series: 1520--Mathematics 
to the ZP career path. The DoC will follow the CAPS plan, as published 
in the Federal Register on December 24, 1997, and subsequent 
modifications as listed in the Background Section of this notice.

Kevin E. Mahoney,
Director for Human Resources Management and Chief Human Capital 
Officer.

Table of Contents

I. Executive Summary
II. Basis for CAPS Expansion
III. Changes to the Project Plan

[[Page 54788]]

I. Executive Summary

    CAPS is designed to (1) improve hiring and allow DoC to compete 
more effectively for high-quality candidates through direct hiring, 
selective use of higher entry salaries, and selective use of 
recruitment incentives; (2) motivate and retain staff through higher 
pay potential, pay-for-performance, more responsive personnel systems, 
and selective use of retention incentives; (3) strengthen the manager's 
role in personnel management through delegation of personnel 
authorities; and (4) increase the efficiency of personnel systems 
through the installation of a simpler and more flexible classification 
system based on pay banding through reduction of guidelines, steps, and 
paperwork in classification, hiring, and other personnel systems, and 
through automation.
    The current participating organizations include 7 offices of the 
Chief Financial Officer/Assistant Secretary for Administration in the 
Office of the Secretary; the Bureau of Economic Analysis; the Institute 
for Telecommunication Sciences--National Telecommunications and 
Information Administration; the First Responder Network Authority--
National Telecommunications and Information Administration; and 12 
units of the National Oceanic and Atmospheric Administration: Office of 
Oceanic and Atmospheric Research, National Marine Fisheries Service, 
the National Environmental Satellite, Data, and Information Service, 
National Weather Service--Space Environment Center, National Ocean 
Service, Program Planning and Integration Office, Office of the Under 
Secretary, Marine and Aviation Operations, Office of the Chief 
Administrative Officer, Office of the Chief Financial Officer, the 
Workforce Management Office, and the Office of the Chief Information 
Officer.
    This amendment modifies the June 22, 2016, Federal Register notice 
(81 FR 40653). Specifically, it expands and implements direct-hire 
authority for ITS and enables ITS to hire, after public notice is 
given, any qualified applicants in the ZP career path series as defined 
in the Basis for CAPS Expansion section without regard to 5 U.S.C. 
3309-3318, 5 CFR part 211, or 5 CFR part 337, subpart A on a limited 
basis.

II. Basis for CAPS Expansion

A. Purpose

    CAPS is designed to provide managers at the lowest organizational 
level the authority, control, and flexibility to recruit, retain, 
develop, recognize, and motivate its workforce, while ensuring adequate 
accountability and oversight.
    ITS is responsible for providing core telecommunications research 
and engineering services to promote enhanced domestic competition and 
new technology deployment; advancing telecommunications and information 
services; improving foreign trade opportunities for U.S. 
telecommunication firms and more efficient use of the radio frequency 
spectrum. ITS also serves as a principal Federal resource for 
investigating the telecommunications challenges of other Federal 
agencies, state and local governments, private corporations and 
associations, and international organizations. In particular, this 
includes assisting Federal public safety agencies, the Federal 
Communications Commission, and agencies that use Federal spectrum. As 
specified in the June 28, 2010, Presidential Memorandum, ``Unleashing 
the Wireless Broadband Revolution'' NTIA is responsible for exploring 
innovative spectrum-sharing technologies. As the research and 
engineering laboratory for NTIA, ITS supports NTIA by performing 
research that enables the U.S. Government, national and international 
standards organizations, and many aspects of private industry to manage 
the radio spectrum and ensure that innovative, new technologies are 
recognized and effective. To continue to advance strategic initiatives 
to make additional spectrum available for commercial wireless use and 
to meet the increasing radio spectrum needs of both Federal and 
commercial users in the U.S. as efficiently and effectively as 
possible, ITS must quickly hire qualified individuals, for specialized 
roles, to advance communication technologies.
    Section 3304(a)(3) of Title 5 United States Code provides agencies 
with the authority to appoint candidates directly to jobs for which the 
OPM determines that there is a severe shortage of candidates or a 
critical hiring need. OPM's direct-hire authority enables agencies to 
hire, after public notice is given, any qualified applicant without 
regard to 5 U.S.C. 3309-3318, 5 CFR part 211, or 5 CFR part 337, 
subpart A.
    This notice implements ITS' use of direct-hire authority to fill up 
to 20 positions in the ZP career path, at Pay Band III or higher, in 
the following occupational series: 0854--Computer Engineering; 0855--
Electronics Engineering; 1310--Physics; 1550--Computer Science; or 
1520--Mathematics. The use of direct-hire authority to fill these 
positions will not exceed 20 positions in the ZP career path at any one 
time. ITS will track the number of hires made under direct-hire 
authority, ensuring numbers specified for the occupational series are 
not exceeded.
    In 1997, with the approval of the DoC's Demonstration Project (62 
FR 67434, December 24, 1997), OPM concurred that some occupations in 
the ZP career path at the Pay Band III and above constitute a shortage 
category, and some occupations for which there is a special rate under 
the General Schedule pay system constitute a shortage category. Past 
recruitment efforts have demonstrated a critical shortage of candidates 
possessing specialized technical expertise in spectrum measurements, 
spectrum monitoring, propagation modeling, 4G Long Term Evolution (LTE) 
technologies, mobile systems development, computer security, systems 
engineering, scientific software development, as well as expertise in 
public safety organizational operations and infrastructure 
capabilities. ITS will use direct-hire authority to recruit Computer 
Engineers, Electronics Engineers, Computer Scientists, Physicists and 
Mathematicians in the ZP career path, Pay Band III or higher, with 
efforts focused on recruiting individuals possessing the above listed 
specialized technical areas of expertise. Recruitment of individuals 
possessing this expertise is critical in order to measure, analyze, 
monitor, and evaluate cutting edge technologies and methods that will 
make spectrum sharing possible.
    DoC's CAPS allows for modifications of procedures if no new waiver 
from law or regulation is added. Given that this expansion and 
modification is in accordance with existing law and regulation and CAPS 
is a permanent alternative personnel system, the DoC is authorized to 
make the changes described in this notice.

III. Changes to the Project Plan

    The CAPS at DoC, originally published in the Federal Register on 
December 24, 1997 (62 FR 67434), and subsequently expanded as discussed 
above, Section III (81 FR 40653, June 22, 2016), is modified as 
follows:
    1. The following series is added to Table 2:

Scientific and Engineering (ZP) Career Path 1520, Mathematics Series

    2. Section III Personnel System Changes, (B) Staffing: Replace the 
paragraph in subsection titled: ``Direct-Hire Authority: Critical 
Shortage Occupations'' to state:


[[Page 54789]]


    DoC FirstNet and ITS use direct-hire procedures for categories 
of occupations that require skills that are in short supply. The 
following occupations and series constitute a shortage category at 
the Pay Band III and above in the ZP Career Path: Emergency 
Management Specialists (Public Safety) (0089), Electrical Engineers 
(0850), Computer Engineers (0854), Electronics Engineers, (0855), 
Physicists (1310), Computer Scientists (1550), and Mathematicians 
(1520). FirstNet is authorized to fill positions in the following 
occupational series using direct-hire procedures: 0089, 0850, 0854, 
0855, and 1550 in all duty locations. ITS is authorized to fill 
positions in the following occupational series: 0854, 0855, 1310, 
1550, and 1520 in all duty locations. Positions in these categories 
may be filled by FirstNet and ITS through direct-hire procedures in 
accordance with 5 U.S.C. 3304(a)(3). DoC FirstNet and ITS advertise 
the availability of job opportunities in direct-hire occupations by 
posting on the OPM USAJOBS Web site. DoC FirstNet and ITS will 
follow internal direct-hire procedures for accepting applications.

[FR Doc. 2016-19616 Filed 8-16-16; 8:45 am]
 BILLING CODE 3510-EA-P