[Federal Register Volume 80, Number 1 (Friday, January 2, 2015)]
[Notices]
[Pages 25-27]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30754]


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DEPARTMENT OF COMMERCE

Office of Administration

[Docket No.: 141202999-4999-01]


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 the expansion of employee coverage under 
the Commerce Alternative Personnel System, formerly the Department of 
Commerce Personnel Management Demonstration Project, published in the 
Federal Register on December 24, 1997. This coverage is extended to 
include employees located in the National Telecommunications and 
Information Administration (NTIA), employed under the First Responder 
Network Authority (FirstNet). FirstNet was created as an independent 
authority within the NTIA, Department of Commerce, to provide emergency 
responders with the first high-speed, nation-wide network dedicated to 
public safety.
    This notice also serves to make changes to the plan to accommodate 
the expansion of and modification to the Commerce Alternative Personnel 
System. These changes include the addition of specific occupational 
series, Commerce Alternative Personnel System Board composition, and 
the implementation of direct-hire authority on a limited basis for 
certain FirstNet positions in the ZP career path at the Pay Band IV and 
above.

DATES: This notice expanding and modifying the Commerce Alternative 
Personnel System is effective January 2, 2015.

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 final plan in the Federal Register 
on Wednesday, December 24, 1997 (62 FR 67434). The demonstration 
project was designed to simplify current classification systems for 
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 seven times to clarify certain DoC

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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). 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 expands CAPS to include 
NTIA FirstNet, in all duty locations, as a participating organization; 
and implements FirstNet's use of direct-hire authority under 5 U.S.C. 
3304(a)(3) to fill specific scientific and engineering positions 
announced through this register in the ZP career path. This notice also 
serves to announce that the DoC modifies CAPS to add the following 
occupational series: 0089--Emergency Management series; 0306--
Government Information series; 1109--Grants Management series; and 
0905--General Attorney series. The addition of the 0905--General 
Attorney series is for specific use by FirstNet only. Only Attorneys 
employed under the FirstNet organization will be covered under CAPS.
    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

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 Telecommunications Sciences--National Telecommunications and 
Information Administration; and 11 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, and the Workforce Management Office.
    This amendment modifies the December 24, 1997, Federal Register 
notice. Specifically, it expands DoC CAPS to include NTIA, FirstNet as 
a participating organization and enables FirstNet 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; it also adds additional occupational series as defined 
in the Background section.

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.
    The expansion of coverage to include NTIA, FirstNet, along with the 
implementation of direct-hire authority, should improve FirstNet's 
ability to recruit and compete more effectively for high-quality 
personnel. Section 3304(a)(3) of Title 5, United States Code, provides 
agencies with the authority to appoint candidates directly to jobs for 
which the Office of Personnel Management (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 FirstNet's use of direct-hire authority to fill up to 21 
positions in the ZP career path in the following series: 0850--
Electrical Engineering; 0855--Electronics Engineering; 0854--Computer 
Engineering; or 1550--Computer Science; and up to 56 positions in the 
ZP--0089, Emergency Management series. The use of direct-hire authority 
to fill these positions will not exceed 77 positions in the ZP career 
path at any one time. NTIA, FirstNet 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), 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 4G Long Term Evaluation (LTE) 
technologies and mobile systems, as well as expertise in public safety 
organizational operations and infrastructure capabilities. FirstNet 
will use direct-hire authority to recruit Electronics Engineers, 
Electrical Engineers, Computer Engineers, and Computer Scientists in 
the ZP career path, Pay Band IV or higher, with efforts focused on 
recruiting individuals with technical expertise in 4G LTE technologies 
and development of mobile systems. This expertise is critical in order 
to test, evaluate, deploy, and operate a nation-wide public safety 
broadband network.
    DoC FirstNet will use direct-hire authority to fill 0089--Emergency 
Management Specialist (Public Safety) positions in the ZP career path, 
Pay Band IV or higher, with efforts focused on formulation, 
development, and engagement of public safety officials in planning and 
implementing the nation-wide public safety broadband network. FirstNet 
will implement direct-hire authority to hire individuals with public 
safety experience in preventing, protecting, responding, or mitigating 
emergency events. It is imperative for the success of public safety to 
foster cooperation among various State, local, and tribal public safety 
officials to ensure requirements are captured for the development of 
the public safety network. To achieve FirstNet's statutory

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requirements and program goals, it is critical to recruit and retain 
individuals with public safety sector knowledge and experience in order 
to provide technical advice on preparedness and response activities 
associated with natural and/or man-made disasters and the 
organizational and infrastructure challenges faced responding to and 
recovering from emergency incidents.
    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.

B. Participating Employees

    Employee notification of this expansion will be accomplished by 
providing a full set of briefings to employees and managers and 
providing them electronic access to all CAPS policies and procedures, 
including the seven previous Federal Register Notices. Employees will 
also be provided a copy of this Federal Register notice upon approval. 
Subsequent supervisor training and informational briefings for all 
employees will be accomplished prior to the implementation date of the 
expansion.

III. Changes to the Project Plan

    The CAPS at DoC, published in the Federal Register on December 24, 
1997 (62 FR 67434), is amended as follows:
    1. The following organization will be added to the project plan, 
Section II D--Participating Organizations:

National Telecommunications and Information Administration (NTIA), 
First Responder Network Authority (FirstNet)

    2. The following series are added to Table 2:

Administrative (ZA) Career Path
    0306, Government Information Series
    1109, Grants Management Series
    0905, General Attorney Series (Authorized use by FirstNet only)
Scientific and Engineering (ZP) Career Path
    0089, Emergency Management Series

    3. Section III Personnel System Changes, (B) Staffing: Add a new 
subsection titled: ``Direct-Hire Authority: Critical Shortage 
Occupations'' and the information under this subsection is as follows: 
DoC FirstNet uses direct-hire procedures for categories of occupations 
that require skills that are in short supply. The following occupations 
constitute a shortage category, at the Pay Band IV and above in the ZP 
Career Path: Electronics Engineers, Electrical Engineers, Computer 
Engineers, Computer Scientists, and Emergency Management Specialists 
(Public Safety). Any positions in these categories may be filled by 
FirstNet through direct-hire procedures in accordance with 5 U.S.C. 
3304(a)(3). DoC FirstNet advertises the availability of job 
opportunities in direct-hire occupations by posting on the OPM USAJOBS 
Web site. DoC FirstNet will follow internal direct-hire procedures for 
accepting applications.
    4. A new subsection titled: ``Referral Procedures for Direct-Hire'' 
is added and the information under this subsection is as follows: After 
public notice is given, a qualified candidate may be referred without 
regard to 5 U.S.C. 3309-3318, 5 CFR part 211, or 5 CFR part 337, 
subpart A.
    5. Section VII Project Management: The Commerce Alternative 
Personnel System Board will expand to include additional board members 
representing the major operating units included in CAPS.

[FR Doc. 2014-30754 Filed 12-31-14; 8:45 am]
BILLING CODE 3510-EA-P