[Federal Register: May 1, 2006 (Volume 71, Number 83)]
[Notices]
[Page 25615-25616]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01my06-91]
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OFFICE OF PERSONNEL MANAGEMENT
Personnel Demonstration Project; Alternative Personnel Management
System for the U.S. Department of Commerce
AGENCY: Office of Personnel Management.
ACTION: Notice of modification to the Department of Commerce Personnel
Management Demonstration Project.
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SUMMARY: The Office of Personnel Management (OPM) has authority to
conduct demonstration projects that experiment with new and different
human resources management concepts to determine whether changes in
policies and procedures result in improved Federal human resources
management. OPM approved a demonstration project covering several
operating units of the U.S. Department of Commerce (DoC). OPM must
approve modifications to demonstration project plans. This notice
rescinds the demonstration project's independent authority pertaining
to recruitment and retention payments. By so doing, it allows the
demonstration project to take advantage of the expanded recruitment and
retention flexibilities applicable to General Schedule and other
employees.
DATES: This notice modifying the DoC Demonstration Project may be
implemented upon publication.
FOR FURTHER INFORMATION CONTACT: Department of Commerce:
Joan Jorgenson, U.S. Department of Commerce, 14th and Constitution
Avenue, NW., Room 5004, Washington, DC 20230, (202) 482-4233. Office of
Personnel Management: Jill Rajaee, U.S. Office of Personnel Management,
1900 E Street, NW., Washington, DC 20415, (202) 606-0836.
SUPPLEMENTARY INFORMATION:
1. Background
The Office of Personnel Management (OPM) approved the Department of
Commerce (DOC) Demonstration Project and published the final plan in
the Federal Register Volume 62, Number 247, Part II, on Wednesday,
December 24, 1997. The project was implemented on March 29, 1998, and
modified in the Federal Register on Thursday, September 30, 1999,
Volume 64, Number 189 [Notices] [Pages 52810-52812], and on Tuesday,
August 12, 2003, Volume 68, Number 155 [Notices] [Pages 47948-47949].
OPM approved a request to extend the DOC Demonstration Project for five
years as stated in an administrative letter from OPM, dated February
14, 2003. The project was approved for expansion in the Federal
Register Volume 68, Number 180 [Notices] [Pages 54505-54507], on
Wednesday, September 17, 2003, to include an additional 1,505
employees. The demonstration project was again modified on Tuesday,
July 5, 2005, Volume 70, Number 127 [Notices] [Pages 38732-38733]. This
notice rescinds the demonstration project's independent authority
pertaining to recruitment and retention payments. By so doing, it
allows the demonstration project to take advantage of the expanded
recruitment and retention flexibilities under 5 U.S.C. 5753 and 5754,
and subparts A and C of 5 CFR part 575.
Authority: 5 U.S.C. 4703; 5 CFR 470.315
Office of Personnel Management.
Linda M. Springer,
Director.
Table of Contents
I. Executive Summary
II. Basis for Project Plan Modification
III. Changes to the Project Plan
I. Executive Summary
The Department of Commerce (DOC) Demonstration Project utilizes
many features similar to those implemented by the National Institute of
Standards and Technology (NIST) Demonstration Project in 1988. The DOC
Demonstration Project supports several key objectives: To simplify the
classification system for greater flexibility in classifying work and
paying employees; to establish a performance management and rewards
system for improving individual and organizational performance; and to
improve recruitment and retention to attract highly qualified
candidates. The project is designed to test whether the interventions
of the NIST project, which is now a permanent alternative personnel
system, could be successful in other DOC environments. The current
participating organizations include the Office of the Chief Financial
Officer and Assistant Secretary for Administration (CFO/ASA), the
Technology Administration, the Bureau of Economic Analysis, the
Institute for Telecommunication Sciences, and units of the National
Oceanic and Atmospheric Administration: Office of Oceanic and
Atmospheric Research, National Marine Fisheries Service, and the
National Environmental Satellite, Data, and Information Service.
II. Basis for Project Plan Modification
As part of the Commerce Demonstration Project plan, as published in
the Federal Register notice (62 FR 67434), the recruitment bonus and
retention allowance authorities under 5 U.S.C. 5753 and 5754, and
subparts A and C of 5 CFR part 575, were waived for the DOC
Demonstration Project and replaced with an independent authority to pay
recruitment and retention payments. Based on independent evaluations,
the recruitment and retention payment flexibilities have been
underutilized in the demonstration project. The changes in statute made
by section 101 of the Federal Workforce Flexibility Act of 2004 (Pub.
L. 108-411, October 30, 2004) provide robust recruitment and retention
incentives in an effort to
[[Page 25616]]
address challenges such as labor market competition and skill gap
issues. However, because of the previous waivers, the demonstration
project is precluded from taking advantage of these tools to address
recruitment and retention concerns. This notice removes the
demonstration project's independent authority to pay recruitment and
retention payments, thereby allowing the project to use the recruitment
and retention incentive authorities in 5 U.S.C. 5753 and 5754, and
subparts A and C of 5 CFR part 575. This will provide managers in the
demonstration project the same flexibilities now available to General
Schedule and other employees under title 5. The demonstration project
needs to be able to take advantage of legislative changes to title 5
when appropriate. It should be noted that since the demonstration
project did not waive 5 U.S.C. 5753 or subpart B of 5 CFR part 575
pertaining to relocation bonuses, the demonstration project could use
the relocation incentive flexibilities provided by the Federal
Workforce Flexibility Act of 2004 and implementing regulations prior to
this notice. This notice continues to allow the demonstration project
to use the title 5 relocation incentive authority.
III. Changes to the Project Plan
This notice modifies the Commerce demonstration plan by rescinding
its independent authority related to recruitment and retention
payments, thereby providing authority to use recruitment and retention
incentive authorities under 5 U.S.C. 5753 and 5754, and subparts A and
C of 5 CFR part 575. The following discussion refers readers to the
substantive changes to the project plan. The following page numbers
refer to the pages in the final plan, published in the Federal Register
on December 24, 1997.
(1) Page 67451: Remove Paragraph B.12, ``Recruitment and Retention
Payments,'' and renumber Paragraphs B.13, ``Travel Expenses,'' and
B.14, ``Promotion,'' as Paragraphs B.12 and B.13, respectively.
(2) Page 67463: In section X, ``Authorities and Waiver of Laws and
Regulations Required,'' remove the following waivers:
--``5 U.S.C. 5753-5754 Recruitment and relocation bonuses; Retention
allowances (except that relocation bonuses under Section 5753 continue
to apply),''
--``Part 575, Subpart A, Recruitment bonuses,'' and
--``Part 575, Subpart C, Retention allowances.''
(3) Page 67463: In section X, ``Authorities and Waiver of Laws and
Regulations Required,'' add the following new waivers:
--Before the waiver for ``Section 7512(3),'' insert ``Section 5753 and
5754 Recruitment, Relocation and Retention Incentives. This waiver
applies only to the extent necessary to allow employees and positions
under the demonstration project to be treated as employees and
positions under the General Schedule or the SL/ST pay plan.''
--Before the waiver for ``Section 752.401(a)(3),'' insert ``Part 575,
Subparts A, B and C, Recruitment, Relocation and Retention Incentives.
This waiver applies only to the extent necessary to allow employees and
positions under the demonstration project to be treated as employees
and positions under the General Schedule or the SL/ST pay plan.''
[FR Doc. 06-4049 Filed 4-28-06; 8:45 am]
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