[Federal Register Volume 71, Number 176 (Tuesday, September 12, 2006)]
[Rules and Regulations]
[Pages 53545-53546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15016]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 /
Rules and Regulations
[[Page 53545]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 337
RIN 3206-AK85
Examining System
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management (OPM) is adopting as a
final rule, without changes, an interim rule that amended its direct-
hire authority regulations to allow non-Department of Defense agencies
to recruit and appoint highly-qualified individuals for certain Federal
acquisition positions deemed a shortage category under the Services
Acquisition Reform Act of 2003.
DATES: This rule is effective October 12, 2006.
FOR FURTHER INFORMATION CONTACT: Linda Watson by telephone at (202)
606-0830; by fax at (202) 606-2329; by TTY at (202) 418-3134; or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION: On August 4, 2005, OPM published an interim
rule at 70 FR 44847, to amend its regulation to allow non-Department of
Defense (DoD) agencies to determine whether a shortage of highly-
qualified individuals exists for Federal acquisition positions covered
under section 433(g)(1)(A) of title 41, United States Code (U.S.C.).
As background, this action implements section 1413 of Public Law
108-136 which allows department and agency heads (other than the
Secretary of Defense) to determine, under regulations prescribed by
OPM, when certain Federal acquisition positions are shortage category
positions for purposes of direct-hire authority. The Federal
acquisition positions covered by section 1413 are listed in 41 U.S.C.
433(g)(1)(A).
When determining the existence of a shortage of highly-qualified
individuals, non-DoD agencies are required to use the supporting
evidence prescribed in section 337.204(b) of title 5, Code of Federal
Regulations (CFR). The supporting evidence must be kept on file for
documentation and reporting purposes.
When filling Federal acquisition positions, agencies must comply
with public notice requirements as prescribed in 5 U.S.C. 3327 and
3330, and 5 CFR part 330, subpart G. Agencies must post a job
announcement on OPM's USAJOBS Web site when filling jobs under direct-
hire authority procedures to be in compliance with public notice
requirements.
The direct-hire authority for Federal acquisition positions under
the provisions of section 1413 of Public Law 108-136 will terminate on
September 30, 2007. Agencies may not appoint any individual to a
position of employment using this authority after September 30, 2007.
Section 1413(c) requires OPM to submit to Congress a report on the
implementation and effectiveness of the direct-hire authority in
attracting employees with unusually high qualifications to the
acquisition workforce and to make any appropriate recommendations
regarding whether to extend the authority. Non-DoD agencies are
required to submit a report to OPM on their implementation and use of
section 1413 of Public Law 108-136 by December 31, 2006.
During the comment period, OPM received ten comments from the
general public. Of the comments received, five comments claim that
agencies are using outdated acquisition qualification standards and are
applying the OPM qualification standards for acquisition positions
incorrectly. These comments also included requests for assistance in
obtaining an acquisition position in the Federal Government. Under
direct-hire authority, agencies are required to use the approved
qualification standards in OPM's Operating Manual: Qualification
Standards for General Schedule Positions which is located at http://www.opm.gov/qualifications/index.asp. It is the responsibility of each
agency to ensure that the proper qualification standard is applied and
individuals who are appointed under direct-hire authority meet these
qualifications. We did not make any changes to the interim regulation
based on these comments.
OPM was commended by an individual for granting direct-hire
authority for Federal acquisition positions to agencies. The same
individual stated a concern that agencies will use this authority to
bypass and ignore veterans' preference eligibles. The Chief Human
Capital Officers Act of 2002 (Pub. L. 107-296; 116 Stat. 2290), gives
direct-hire authority to agencies to appoint individuals, without
regard to the veterans' preference provisions of 5 U.S.C. 3309-3318,
when OPM determines there is a severe shortage of candidates or
critical hiring need. The Services Acquisition Reform Act gives direct-
hire authority to non-DoD agencies for acquisition positions provided
they meet the criteria in 5 CFR 337.204. We did not make any changes to
the interim regulation based on this comment.
A comment was received asking where an individual can find an
acquisition position covered under direct-hire authority. The interim
regulation follows the same rules as other direct-hire authorities
prescribed in 5 CFR part 337, subpart B. Agencies are required to
announce their positions on OPM's Governmentwide list of vacant
positions at http://www.usajobs.opm.gov. This requirement is clearly
stated in 5 CFR 337.203, Public notice requirements. We did not make
any changes to the interim regulation based on this comment.
One commenter requested a list of agencies that are hiring for
Federal acquisition positions which OPM has deemed a shortage category
under the Services Acquisition Reform Act. The purpose of the interim
regulation was to amend OPM's regulation to allow non-DoD agencies to
determine on their own whether a shortage of highly-qualified
individuals exists for Federal acquisition positions covered under 41
U.S.C. 433(g)(1)(A). We did not adopt the suggestion to develop a list
of agencies with Federal acquisition direct-hire authority. It is
outside the scope of this regulation. However, information on OPM-
approved Governmentwide direct-hire authorities can be obtained by
visiting OPM's Web site at http://www.opm.gov/employ/direct_hire/index.asp.
[[Page 53546]]
One commenter commended OPM for allowing non-DoD agencies to
determine their own direct-hire authority for Federal acquisition
positions because it reduces the red tape in the hiring process.
However, the commenter suggested different assessment methods and tools
for hiring good individuals for acquisition positions. We did not adopt
this suggestion. It is outside the scope of this regulation.
The last comment did not involve acquisition positions; therefore,
it is outside the scope of this amendment.
We are therefore adopting the interim regulation as a final
regulation without changes.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with E.O. 12866.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities (including
small businesses, small organizational units, and small governmental
jurisdictions) because they will only apply to Federal agencies and
employees.
List of Subjects in 5 CFR Part 337
Government employees.
Office of Personnel Management.
Linda M. Springer,
Director.
0
Accordingly, the interim rule amending 5 CFR part 337, which was
published at 70 FR 44847 on August 4, 2005, is adopted as a final rule
without changes.
[FR Doc. E6-15016 Filed 9-11-06; 8:45 am]
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