[Federal Register Volume 62, Number 203 (Tuesday, October 21, 1997)]
[Notices]
[Pages 54604-54614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27796]
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DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
[Docket No. 970811195-7195-01]
Alternative Personnel Management System (APMS) at the National
Institute of Standards and Technology
AGENCY: National Institute of Standards and Technology, Department of
Commerce.
ACTION: Notice of consolidation and republication of a demonstration
project plan as a permanent system pursuant to Public Law 104-113.
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SUMMARY: This notice (1) consolidates the original plan and the two
subsequent amendments into a single document for better understanding
and ease of use; (2) documents the procedures by which the equivalent
of locality-based comparability payments are applied at the National
Institute of Standards and Technology (NIST); (3) specifies how to
determine the General Schedule (GS) grade and rates of pay for
employees who leave the NIST alternative personnel management system;
(4) allows NIST to remove from the pay-for-performance system any
positions not filled by career or career-conditional appointment; and
(5) corrects, simplifies, and clarifies the project plan.
EFFECTIVE DATE: October 21, 1997.
FOR FURTHER INFORMATION CONTACT:
Allen Cassady at NIST on (301) 975-3031; Gail Redd at OPM on (202) 606-
1521.
SUPPLEMENTARY INFORMATION:
1. Background
In accordance with Public Law 99-574, the NIST authorization act
for 1987, OPM approved a demonstration project plan, ``Alternative
Personnel Management System at the National Institute of Standards and
Technology,'' and published the plan in the Federal Register on October
2, 1987 (52 FR 37082). The project plan has been modified two times to
clarify certain NIST authorities (54 FR 21331 of May 17, 1989, and 54
FR 33790 of August 16, 1989), and to revise the performance appraisal
and pay administration systems to better link pay with performance (55
FR 19688 of May 10, 1990, and 55 FR 39220 of September 25, 1990).
In a letter to NIST dated December 30, 1993, OPM offered two
options to NIST for implementing locality pay beginning in January
1994. Option 1 would have required implementation of locality pay in a
manner as close as possible to the implementation for GS employees.
Locality pay would have been separate from basic pay and would have
counted as basic pay for the same limited purposes for which it is
basic pay for GS employees (5 CFR 531.606(b)). Option 2 would allow
NIST to incorporate the equivalent of locality pay into its own basic
pay package.
NIST chose Option 2. Adjustments in pay band ranges and in eligible
employees' basic pay rates are made at the time of GS general and/or
locality pay increases. Pay rates under the NIST Alternative Personnel
Management System (NIST APMS) will be basic pay
[[Page 54605]]
for all purposes except those specifically stated in this notice.
This notice formally changes the project plan to clarify how
locality pay is applied at NIST. It also documents or clarifies any
administrative change made by OPM under its authority on other pay-
related matters.
2. Public Law 99-574, National Bureau of Standards Authorization
Act For Fiscal Year 1987
Because many elements of the NIST APMS were originally required by
Section 10 of Pub. L. 99-574, the complete text of Section 10 is
presented here.
Demonstration Project Relating to Personnel Management
Sec. 10(a)(1) The Office of Personnel Management and the National
Bureau of Standards shall jointly design a demonstration project which
shall be conducted by the Director of the National Bureau of Standards.
(2) The demonstration project shall, except as otherwise provided
in this section, be conducted in accordance with section 4703 of title
5, United States Code, and shall be counted as a single project for
purposes of subsection (d)(2) of such section.
(3) Subject to subsections (f) and (g) of section 4703 of title 5,
United States Code, the demonstration project shall cover any position
within the National Bureau of Standards which would otherwise be
subject to--
(A) subchapter III of chapter 53 of title 5, United States Code,
relating to the General Schedule;
(B) subchapter VIII of chapter 53 of title 5, United States Code,
relating to the Senior Executive Service; or
(C) chapter 54 of title 5, United States Code, relating to the
Performance Management and Recognition System.
(b) Under the demonstration project, the Director of the National
Bureau of Standards shall provide that--
(1) the rate of basic pay for a position may not be less than the
minimum rate of basic pay, nor more than the maximum rate of basic pay,
payable for the pay band (as referred to in paragraph (3)) within which
such position has been placed;
(2) the minimum and maximum rates of basic pay for each pay band
shall be adjusted at the times, and by the amounts, provided for under
subsection (c);
(3) positions shall be classified under a system using pay bands
which shall be established by combining or otherwise modifying the
classes, grades, or other units which would otherwise be used in
classifying the positions involved;
(4) employees shall be evaluated under a performance appraisal
system which--
(A) uses peer comparison and ranking wherever appropriate; and
(B) affords appeal rights comparable to those afforded under
chapter 43 of title 5, United States Code;
(5) the rate of basic pay of each participating employee will be
reviewed annually, and shall be adjusted on the basis of the appraised
performance of the employee; and
(B) subject to subsection (c)(4)(A)(i), the adjustment under
subparagraph (A) in any year in the case of any employee whose
performance is rated at the fully successful level or higher shall be
at least the percentage adjustment taking effect under subsection
(c)(3) in such year;
(6) appropriate supervisory and managerial pay differentials (which
shall be considered a part of basic pay) shall be provided;
(7) performance-recognition bonuses, and recruitment and retention
allowances, shall be awarded in appropriate circumstances, (but shall
not be considered a part of basic pay);
(8) there shall be an employee development program which includes
provisions under which employees may, in appropriate circumstances, be
granted sabbaticals, the terms and conditions of which shall be
consistent with those applicable for members of the Senior Executive
Service under section 3396(c) of title 5, United States Code (excluding
paragraph (2)(B) thereof);
(9) payment of travel expenses shall be provided for personnel to
their first post of duty in the same manner as is authorized for
members of the Senior Executive Service under section 5723 of title 5,
United States Code, at the discretion of the Director; and
(10) the methods of establishing qualification requirements for,
recruitment for, and appointment to positions shall, at the discretion
of the Director, include methods involving direct examination and
hiring.
(c)(1) For the purpose of this subsection, the term
``compensation'' means the total value of the various forms of
compensation provided, including--
(A) basic pay;
(B) bonuses;
(C) allowances;
(D) retirement benefits;
(E) health insurance benefits;
(F) life insurance benefits; and
(G) leave benefits.
(2) The Director of the National Bureau of Standards shall, by
contract or otherwise, provide for the preparation of reports which,
based on appropriate surveys--
(A) shall include findings as to--
(i) the extent to which, as of the commencement of the
demonstration project, the overall average level of compensation
provided with respect to positions under the demonstration project is
deficient in comparison to the overall average level of compensation
generally provided with respect to positions involving the same types
and levels of work in the private sector; and
(ii) with respect to each year thereafter, any net increase
occurring during such year in the extent of the deficiency in the
overall average level of compensation provided with respect to
positions under the demonstration project, as compared to the overall
average level of compensation generally provided with respect to
positions involving the same types and levels of work in the private
sector; and
(B) shall recommend a single percentage by which basic pay for all
positions under the demonstration project must be increased so that,
when considered in conjunction with the other forms of compensation
generally provided, any net increase determined under subparagraph
(A)(ii) will be eliminated.
(3) Whenever the Director of the National Bureau of Standards
receives a recommendation under paragraph (2)(B), the Director--
(A) shall increase the minimum and maximum rates of basic pay for
each such pay band by the lesser of--
(i) the percentage recommended; or
(ii) the overall average percentage of the adjustment in the rates
of pay under the General Schedule under section 5305 of title 5, United
States Code, for the period involved; and
(B) if and to the extent that funds are available for that purpose,
may further increase those minimum and maximum rates--
(i) to make up for any part of the difference between the
respective percentages under subparagraph (A), if the percentage under
subparagraph (A)(ii) is the lesser; and
(ii) after making up for the entirety of any difference determined
under clause (i) (including from any previous year), to eliminate any
part of any remaining deficiency as originally determined under
paragraph (2)(A)(i).
(4)(A) Notwithstanding any other provision of this section--
(i) the maximum rate of basic pay payable under any pay band may
not exceed the rate of basic pay payable for level IV of the Executive
Schedule; and
(ii) the amount of basic pay, bonuses, and allowances paid during
any fiscal
[[Page 54606]]
year to any employee participating in the demonstration project may
not, in the aggregate, exceed the annual rate of basic pay payable for
level I of the Executive Schedule.
(B)(i) Any amount which is not paid to an employee during a fiscal
year because of the limitation under subparagraph (A)(ii) shall be paid
in a lump sum at the beginning of the following fiscal year.
(ii) Any amount paid under this subparagraph during a fiscal year
shall be taken into account for purposes of applying the limitation
under subparagraph (A)(ii) with respect to such fiscal year.
(5) Notwithstanding any other provision of this section, the
demonstration project shall be conducted in such a way so that, with
respect to the 12-month period beginning on October 1, 1986, the total
cost to the Government relating to providing compensation to
participating employees shall not exceed the total cost which would
have resulted if this section has not been enacted.
(6)(A) If the minimum rate of basic pay for a pay band, after an
increase under paragraph (3)(A), exceeds the rate of basic pay payable
to an employee whose position would otherwise be within such pay band,
the employees's position may, notwithstanding subsection (b)(1), be
placed in the next lower pay band.
(B) Placement of a position in a lower pay band under subparagraph
(A) shall not be considered a reduction in grade or pay for purposes of
subchapter II of chapter 75 of title 5, United States Code, or a
comparable provision under the project.
(d)(1) The rate of basic pay for an employee serving in a position
at the time it is converted to a position covered by the demonstration
project may not be reduced by reason of the establishment of such
project.
(2)(A) Each employee referred to in paragraph (1) shall be paid--
(i) in the case of an employee serving in a position under the
General Schedule on the date the position becomes covered by the
demonstration project, a lump-sum pro rata share of the equivalent of
any within-grade increase which would have been due the employee under
section 5335 of title 5, United States Code, computed as provided in
subparagraph (B), and
(ii) in the case of an employee serving in a position subject to
chapter 54 of title 5, United States Code, on such date, a lump sum pro
rata share of the equivalent of the employee's merit increase which
would have been due under such chapter, computed as provided in
subparagraph (B), taking into account the performance requirements
applicable to such increase.
(B) For purposes of subparagraph (A), the pro rata share of an
equivalent increase referred to in such subparagraph shall be computed
through the day before the date referred to in such subparagraph.
(e)(1)(A) In carrying out section 4703(h) of title 5, United States
Code, with respect to the demonstration project, the Office of
Personnel Management shall provide that such project will be evaluated
on an annual basis by a contractor. Such contractor shall be especially
qualified to perform the evaluation based on its expertise in matters
relating to personnel management and compensation.
(B) The contractor shall report its findings to the Office in
writing. After considering the report, the Office shall transmit a copy
of the report, together with any comments of the Office and any
comments submitted by the National Bureau of Standards, to--
(i) the Committee on Post Office and Civil Service, and the
Committee on Science and Technology, of the House of Representatives;
and
(ii) the Committee on Governmental Affairs, and the Committee on
Commerce, Science, and Transportation, of the Senate.
(2) The Comptroller General shall, not later than 4 years after the
date on which the demonstration project commences, submit to each of
the committees referred to in paragraph (1)(B) a final report
concerning such project. Such report shall include any recommendations
for legislation or other action which the Comptroller General considers
appropriate.
(f) The authority to enter into any contract under this section may
be exercised only to such extent or in such amounts as are provided in
advance in appropriated Acts.
(g) The demonstration project shall commence not later than January
1, 1988.
After the initial five years of the project, OPM twice extended the
project administratively. The first extension extended the project from
December 30, 1992 through September 30, 1995. The second extension
would have extended the project until September 30, 1998. However, the
NIST personnel management demonstration project was extended
indefinitely by Section 10 of the National Technology Transfer and
Advancement Act of 1995 (Public Law 104-113, March 7, 1996):
Section 10. PERSONNEL
The personnel management demonstration project established under
section 10 of the National Bureau of Standards Authorization Act for
Fiscal Year 1987 (15 U.S.C. 275 note) is extended indefinitely.
National Institute of Standards and Technology.
Robert E. Hebner,
Acting Director.
System Plan
The NIST alternative personnel management system plan reads as
follows.
An Alternative Personnel Management System To Improve the Ability of
the National Institute of Standards and Technology to Attract Highly
Qualified Candidates, Motivate Employees, and Retain Successful
Performers
Introduction
Executive Summary
The NIST APMS was designed by the National Institute of Standards
and Technology, in cooperation with the U.S. Department of Commerce
(DoC) and the Office of Personnel Management (OPM). The NIST APMS was
built on the concepts of: (1) Market sensitivity; (2) performance; (3)
administrative simplicity; (4) management flexibility and
accountability; and (5) Broad applicability.
The NIST APMS system was designed to (1) improve hiring and allow
NIST to compete more effectively for high-quality researchers, through
direct hiring, selective use of higher entry salaries, and selective
use of recruiting allowances; (2) motivate and retain staff, through
higher pay potential, pay-for-performance, more responsive personnel
systems, and selective use of retention allowances; (3) strengthen the
manager's role in personnel management, through delegation of personnel
authorities; and (4) increase the efficiency of personnel systems,
through 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.
Participating Organizations
All sites of the National Institute of Standards and Technology
participate in the NIST APMS. The two main sites are located at
Gaithersburg, Maryland, which is also the headquarters of NIST, and at
Boulder, Colorado. The two main sites are similar in employment
profiles,
[[Page 54607]]
with the following exceptions: (1) about 85 percent of employees
covered by the NIST APMS are located at the Gaithersburg site; and (2)
all Operating Unit (OU) Directors are located in Gaithersburg. A small
number of covered employees may from time to time work at sites other
than Gaithersburg or Boulder.
Types and Numbers of Participating Employees
The NIST APMS covers approximately 3150 NIST employees.
Labor Participation
A few General Schedule employees at the Gaithersburg site are
represented by the International Association of Firefighters (IAFF) and
the International Association of Machinists and Aerospace Workers, AFL-
CIO; and at the Boulder site by the American Federation of Government
Employees (AFGE). NIST consults and negotiates with these unions, as
appropriate, in accordance with 5 U.S.C. 4703(f).
Senior Executive Service (SES) and ST-3104 Positions
The personnel systems for SES positions (see 5 U.S.C. 3131-3136 and
5 U.S.C. 5381-5385) did not change for the NIST APMS. SES
classification, staffing, compensation, performance appraisal, awards,
and reduction in force are based on standard SES methods. The personnel
systems for ST-3104 positions (see 5 U.S.C. 3104 and 5376) changed only
to the extent that ST-3104 positions are in the same performance
appraisal, awards, and reduction in force systems as General Schedule
positions. Classification, staffing, and compensation, however, did not
change. Neither SES nor ST-3104 employees were subject to the pro rata
share payouts upon conversion to the NIST APMS system. Pay adjustments
for their positions under the NIST APMS are carried out in accordance
with existing Federal rules pertaining to SES and ST-3104 pay
adjustments.
General Schedule (GS) Positions
The GS category no longer exists as an identified category under
the NIST APMS. It is incorporated in the new career-path/pay-band
system. The step increases of the General Schedule are replaced by the
annual performance pay increases. Except as otherwise provided in the
NIST APMS plan, laws and regulations pertaining to GS employees (e.g.,
overtime pay provisions) continue in force for all NIST APMS employees
in the same way as they do for GS employees.
Position Classification
Introduction
The objectives of the NIST classification system are to simplify
the classification process, make the process more serviceable and
understandable, and delegate decision-making authority and
accountability to line managers.
Coverage
All former General Schedule positions at NIST are included in the
NIST APMS.
Career Paths
A career path aggregates comparable occupations that have parallel
career patterns and are suitable for similar treatment in staffing,
classification, pay, and other personnel functions.
There are four career paths at NIST:
(a) Scientific and Engineering (ZP): research, policy, staff, and
managerial positions in science, engineering, computing, and
mathematics. Examples of occupational series in this career path are
401--Biologist, 801--General Engineer, 830--Mechanical Engineer, 855--
Electronics Engineer, 1301--General Physical Scientist, 1310--
Physicist, 1320--Chemist, 1520--Mathematician, and 1530--Statistician.
(b) Scientific and Engineering Technician (ZT): science and
engineering support positions. Examples of occupational services in
this career path are 332--Computer Operator, 802--Engineering
Technician, 856--Electronics Technician, 1311--Physical Science
Technician, and 1521--Mathemathics Technician.
(c) Administrative (ZA): specialist positions in such fields as
finance, procurement, human resources management, public information,
technical information, accounting, and management analysis. Examples of
occupational series in this career path are 080--Security Officer,
201--Personnel Management Specialist, 340--Program Manager, 341--
Administrative Officer, 510--Accountant, 560--Budget Analyst, 1082--
Writer-Editor, and 1410--Librarian.
(d) Support (ZS): clerical, assistant, secretarial, police,
firefighter, and other support positions not fitting the definition of
any of the other career paths. Examples of occupational series in this
career path are 081--Firefighter, 203--Personnel Clerk/Assistant, 305--
Mail and File clerk, 318--Secretary, 525--Accounting Technician, 1105--
Purchasing Agent, 1106--Procurement Clerk/Assistant, 1141--Library
Technician, and 2102--Transportation Clerk/Assistant.
Pay Bands
Each career path is divided into five pay bands, which replace GS
grades. The maximum rate of a pay band is step 10 of the highest GS
grade in the band, including locality rates. When a special rate for
one or more of the occupations in the band is higher than the
applicable locality rate, NIST has the option of using the maximum
applicable special rate to set the maximum rate of the band.
For each regular pay band, there is a corresponding supervisory pay
band for employees who receive supervisory pay differentials. The
supervisory pay band has the same minimum rate as the non-supervisory
band, but has a maximum rate 6 percent higher than the maximum rate of
the non-supervisory band. Positions in the supervisory pay bands
include positions with formal supervisory authority over at least three
positions and other positions approved by the Personnel Management
Board (PMB) on a case-by-case basis.
The chart below shows the four NIST APMS career paths, the pay
bands in each career path, and the relationship between pay bands and
General Schedule grades.
NIST Career Paths and Pay Bands
----------------------------------------------------------------------------------------------------------------
GS Grades 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
----------------------------------------------------------------------------------------------------------------
CAREER PATHS
(14) BANDS
Scientific and Engineering...........
(5)I
(3)II
(1)III
(1)IV V
Scientific and Engineering...........
(3)I
(3)II
(1)III
(1)IV V
Administrative (ZA)..................
(5)I
(3)II
(1)III
(1)IV V
Support (ZS).........................
(1)I
(1)II
(1)III
(1)IV
(1)V
----------------------------------------------------------------------------------------------------------------
[[Page 54608]]
Occupational Series
The General Schedule occupational series are retained. New
occupational series may be added or deleted in response to programmatic
needs. New or revised series may also be established.
NIST Classification Standards
Each NIST classification standard describes each pay band in two
factors: (1) general duties and responsibilities, and (2) knowledges,
skills, and abilities. These two factors complement each other at each
pay band in a career path and may not be separated in classifying a
position. OPM classification standards are not used.
Position Descriptions
Line managers follow an automated menu-driven process to classify
positions and produce position descriptions.
Delegation of Classification Authority
The NIST Personnel Management Board (PMB) oversees the delegation
of classification authority to line managers. NIST will establish a
plan to review the accuracy of classification decisions made by line
managers and make periodic reports to the NIST Director. The
Government-wide system of approval of SES and ST-3104 positions will be
maintained.
Staffing
Introduction
NIST uses a variety of staffing options to fill positions. Under
all options, the recruiting and examining efforts are based at NIST.
OPM registers are not used. These options include Direct Examination
and Hiring, Agency-Based Staffing, Merit Assignment, and various
noncompetitive placements. The NIST Office of Human Resources
Management (OHRM) oversees all examining and hiring activity. Line
managers participate actively in the process.
Direct Examination and Hiring
NIST uses two direct examination and hiring authorities: Direct
Hire Critical Shortage Occupations and Direct Hire Critical-Shortage
Highly-Qualified Candidates. These vacancies are normally filled
through direct recruiting by selecting officials, supplemented by a
required search of the NIST Applicant Supply File.
Direct Hire: Critical Shortage Occupations
NIST uses direct-hire procedures for categories of occupations
which require skills that are in short supply. All occupations for
which there is a special rate under the General Schedule pay system
constitute a shortage category; all occupations at Band III and above
in the ZP Career Path constitute a shortage category; and Nuclear
Reactor Operator positions at Pay Band III and above in the ZT Career
Path constitute a shortage category. Any position in these three
shortage categories may be filled through direct-hire procedures.
Direct Hire: Critical Shortage Highly Qualified Candidates
NIST uses direct-hire procedures for additional positions for which
there is a shortage of highly qualified candidates. Candidates for
positions at Band I or II of the ZP Career Path who have a bachelor's
degree with at least a 2.9 GPA (on a 4.0 scale) or a master's degree
constitute a shortage category; candidates for positions at Band I of
the ZT Career Path who have at least a 2.9 GPA in a course of study of
at least 2 years in an accredited college, junior college, or technical
institute constitute a shortage category; and candidates for positions
at Band II of the ZT Career Path who have at least a 2.9 GPA in 4 years
of college study constitute a shortage category.
Agency-Based Staffing
NIST uses agency-based staffing procedures to fill vacancies not
covered by direct-hire or the NIST Merit Assignment Plan (MAP).
Vacancies filled by agency-based procedures are advertised at a minimum
through the automated nationwide OPM posting system.
Merit Assignment Plan (MAP)
NIST uses its MAP to fill positions restricted to current or former
Federal employees with competitive status. This plan is amended to
include any NIST APMS flexibilities.
NIST Applicant Supply File
NIST advertises the availability of job opportunities in direct-
hire occupations by continuous posting of the NIST Applicant Supply
Bulletin on the OPM electronic job opportunity listing. NIST accepts
applications for this file on an open-continuous bases for all direct-
hire authorities. NIST selecting officials may recruit directly for
applicants, but any applicants they find must compete with applicants
who apply through the Applicant Supply Bulletin and other applicants
whose applications are stored in the Applicant Supply File.
Referral Procedures for Direct Examination and Hiring and Agency-Based
Staffing Authorities
NIST uses either direct referral or rating and ranking to refer
applicants for vacancies under direct-hire and agency-based staffing
authorities.
1. Direct Referral
A qualified candidate may be referred directly without rating and
ranking:
a. when there are no more than three qualified candidates and no
preference eligibles; or
b. if the candidate is a preference eligible with a compensable
service-connected disability of 10 percent or more (these preference
eligibles are given absolute preference except when the position is at
Band III or above in the Scientific and Engineering Career Path).
Selecting officials may choose any of these preference eligibles when
more than one are referred.
2. Rating and Ranking
Rating and ranking (including veteran preference and ``rule-of-
three'' procedures) are used when the list of qualified candidates
contains:
a. more than three candidates; or
b. two or more candidates including at least one preference
eligible (except when direct referral of a 10-point veteran is made
under 1b above).
Priority Placement
NIST follows all Department of Commerce and OPM priority placement
programs.
Paid Advertising
NIST may use paid advertising as one of the first steps in
recruitment without having to first try unpaid methods.
Private Sector Temporaries
NIST uses private sector temporary help services as appropriate.
Probationary Period
Probation under the NIST APMS follows current law and regulations,
except when an employee in the ZP Career Path is required to serve a
probationary period. The ZP probationary period is three years, except
that a supervisor may end the probationary period of a subordinate ZP
employee anytime after one year.
Qualification Standards
The qualifications required for placement within a pay band and
within a career path are based on the OPM Qualification Standards for
General Schedule Positions, except that testing requirements are not
used and the Superior Academic Criterion is
[[Page 54609]]
defined as a 2.9 GPA (on a 4.0 scale). The minimum qualifications for
the occupation and for the GS grade corresponding to the lowest grade
in the pay band apply. NIST may develop its own qualification standards
based on current practices in the scientific, engineering, and computer
science fields and to reflect modern curricula in recognized degree
programs.
Recruitment and Retention Allowances
NIST may grant recruiting and retention allowances in appropriate
circumstances, not to exceed $10,000 or 25 percent of basic pay,
whichever is greater. Decisions on allowances are based on market
factors such as salary comparability and salary offer issues;
relocation and dislocation issues; programmatic urgency; emerging
technologies; turnover rates; special qualifications; and shortage
categories or scarcity positions unique to NIST. All scientific,
engineering, and other hard-to-fill positions are eligible. Recruitment
and Retention Allowances are not considered part of basic pay.
Travel Expenses
Travel and transportation expenses, advancement of funds, per diem
expenses incident to travel, and/or relocation expenses may be provided
to new hires in the same manner as is authorized in sections 5723,
5724, 5724a, 5724b, and 5724c of title 5, U.S. Code. Recipients must
sign service agreements indicating commitment to at least 12 months
continued service.
Promotion
A promotion is a change of an employee to (1) a higher pay band in
the same career path, or (2) a pay band in another career path in
combination with an increase in pay. To be eligible for promotion, an
employee must have a current performance rating of Eligible. The time-
in-pay-band requirement for promotion eligibility is 52 weeks, with two
exceptions: (1) an employee may be promoted from Band I and Band II in
the Support Career Path without time restriction; and (2) an employee
may be promoted from Band II to Band III in the Support Career Path
without time restriction if the employee was not promoted from a Band I
to a Band II position during the previous 52 weeks. (For pay provisions
related to promotion, see ``Pay Administration.'')
Reduction In Force
Introduction
NIST follows reduction-in-force procedures contained in law and
regulation, with the following differences.
Link Between Performance and Retention
An employee with an overall performance score in the top 10 percent
of scores within a peer group (see ``Performance Evaluation and
Rewards'' below) is credited with 10 additional years of service for
retention purposes. The total credit is based on the employee's three
most recent annual performance ratings of record received during the 4-
year period prior to an established cutoff date, for a potential total
credit of 30 years. No reduction-in-force credit converts to this
system from any other performance appraisal system.
Competitive Areas
Each of the four career paths in each NIST local commuting areas is
a separate competitive area--separate from the other career paths and
separate from the competitive areas of other NIST employees.
Link Between Pay Bands and Grades
OPM reduction in force regulations on assignments rights (5 CFR
351.701) are applied to the NIST APMS by substituting ``one band'' for
``three grades'' and ``two bands'' for ``five grades.'' OPM severance
pay regulations (5 CFR 550.703) are applied to the NIST APMS by
substituting ``one band'' for ``two grades'' and for ``two grade or pay
levels.''
Pay Administration
Introduction
The NIST APMS pay administration system provides NIST with the
ability to attract and retain quality employees through pay setting
flexibilities and pay for performance.
Pay for Performance
Pay for performance has three components: (a) the NIST annual
adjustment to basic pay; (b) annual performance pay increases; and (c)
bonuses. The first component, the annual adjustment to basic pay, is
set according to the subsections below referring to general and
locality increases. The second component, performance pay increases, is
set according to the procedures under ``Performance Evaluation and
Rewards.'' The third component, bonuses, is composed of former cash
awards.
Placement in a Lower Pay Band
An employee whose performance rating is unsatisfactory does not
receive the NIST annual adjustment to basic pay. Because the minimum
pay rate for each pay band is increased each year by the amount of the
NIST annual adjustment to basic pay, it is possible that the new
minimum rate of a pay band will exceed the basic pay of an employee in
that pay band who does not receive the NIST annual adjustment to basic
pay due to unsatisfactory performance. When this happens, the employee
is placed in the next lower pay band. This placement shall not be
considered an adverse action under 5 U.S.C. 7512, nor shall grade
(i.e., pay band) retention under 5 U.S.C. 5362 be applicable.
Supervisory Pay Differentials
The original legislation authorizing the NIST demonstration project
provided that ``appropriate supervisory and managerial pay
differentials (which shall be considered a part of basic pay) shall be
provided.'' The differential does not apply to SES and ST-3104
positions.
Supervisors who formally supervise three or more subordinates and
others approved on a case-by-case basis by the PMB receive supervisory
differentials. The amounts of the differentials are up to 6 percent of
base salary (see ``Pay Bands'' above for a description of the
supervisory pay bands and their maximum rates).
Upon conversion of NIST supervisors to the NIST APMS, all eligible
positions are placed in the supervisory pay bands. The incumbents of
these positions are converted at their basic pay (including special
rates or locality pay) at the time of conversion, except for ZP
supervisors, who begin receiving the added differential upon
conversion.
There are two types of supervisory differentials. The first type
applies to new supervisors in the Scientific and Engineering (ZP)
Career Path only. The amount of this type of differential is fixed at 3
percent for supervisors below division chief and 6 percent for division
chiefs and equivalent. The second type applies to all bands in all
career paths where there are supervisors. Supervisors in these bands
may be eligible for higher band ceilings (up to 3 or 6 percent higher
than the normal pay band ceiling) which they may reach through pay for
performance.
The granting of a differential is not considered a promotion or a
competitive action. The differential is canceled when an employee's
supervisory responsibilities are discontinued. The cancellation of a
supervisory differential does not constitute an adverse action and
there is no right of appeal under 5 U.S.C. Chapter 75.
Pay and Compensation Ceilings
The maximum rate for a pay band (excluding special pay bands
[[Page 54610]]
established to allow for the supervisory pay differential) is equal to
the maximum rate--GS rate, locality rate, or special rate, as
applicable--payable to GS employees for the grades corresponding to the
pay band. An employee's basic pay may not exceed the maximum rate of
the employee's pay band (including a supervisory pay band), except for
employees receiving retained rates of pay.
An employee's rate of basic pay payable under any pay band may not
exceed the rate of basic pay payable for Level IV of the Executive
Schedule. An employee's aggregate monetary compensation for a calendar
year may not exceed the basic rate of pay for Level I of the Executive
Schedule, as required by 5 U.S.C. 5307 and OPM regulations in subpart B
of 5 CFR 530.
Locality Pay Options
On December 30, 1993, OPM approved the extension of locality pay to
the NIST demonstration project. Two options were made available.
Option 1 would have required implementation of locality pay in a
manner as consistent as possible with implementation for GS employees.
Locality pay would have been separate from basic pay and would have
counted as basic pay for the same limited purposes for which it is
basic pay for GS employees (5 CFR 531.606(b)). All employees would have
been eligible for locality pay adjustments regardless of performance
rating. Employees in pay bands affected by special rates would have
received full locality adjustments if their pay were no higher than the
GS step 10 rate of the highest GS grade within the band, but if their
pay were higher than that step 10 rate, they would have received an
adjustment that would have increased their pay to no higher than the GS
locality rate for step 10 (i.e., GS step 10 rate plus applicable
locality payment).
Option 2 allows implementation of locality pay as basic pay, as an
increase to the bonus pool, or a combination of the two. If applied as
basic pay, the locality adjustment would be basic pay for all purposes
except as otherwise provided in this plan. The locality adjustment
would be applied to the minimum and maximum rates of each pay band. For
pay bands affected by special rates, the maximum rate would be the
higher of the special rate and the locality rate. A locality adjustment
may be applied to an eligible employee's basic pay only to the extent
that it does not cause the employee's basic pay to exceed the maximum
rate of the pay band.
NIST selected option 2 and has implemented locality pay as basic
pay. However, NIST may change its selection after sufficient internal
notice toemployees.
Effect of General and Locality Pay Increases on Pay Bands
The minimum and maximum rates of each pay band will be increased at
the time of a general pay increase under 5 U.S.C. 5303 and/or a
locality pay increase under 5 U.S.C. 5304 or 5304a so that they equal
the new locality-adjusted minimum and maximum rates of the grades
corresponding to the pay band. The maximum rates of bands set according
to special rates, however, may exceed this amount to the extent
necessary to equal the 10th step of the appropriate special rate scale
if that rate is higher.
Effect of General and Locality Pay Increases on Individual Pay
Only employees with a current performance rating of ``eligible''
may receive an increase in their basic pay at the time of pay band
adjustments. This increase in basic pay will reflect any applicable
general and/or locality pay increase for General Schedule employees.
The increase in basic pay for eligible employees whose basic pay is at
the ceiling of their pay band will equal the increase in the ceiling.
The basic pay increase for eligible employees whose basic pay is
below the ceiling of their band will be calculated by applying two
factors to the employee's rate of pay. One factor is the general
increase factor representing the increase in General Schedule rates
under 5 U.S.C. 5303 (e.g., 1.02 if the general increase is 2 percent).
The second factor is the locality pay increase factor, which is derived
by dividing the newly applicable locality pay percentage factor by the
formerly applicable locality pay percentage factor. (For example, if
the locality payment percentage for an area increased from 4.23 percent
to 5.48 percent, the locality pay increase factor would be 1.0548
divided by 1.0423, or approximately 1.012.) Thus, the new rate of basic
pay would be calculated using the following formula:
[GRAPHIC] [TIFF OMITTED] TN21OC97.009
However, a basic pay increase will be applied only to the extent
that it does not cause an employee's basic pay to exceed the ceiling of
the applicable pay band.
Basic Pay
Employees covered by the NIST APMS do not have separate basic pay
rates and locality pay rates, as do General Schedule employees. They
have a basic pay rate only, which reflects any general increases and/or
locality adjustments calculated by the above formula. NIST APMS basic
pay rates are basic pay for all purposes, except as specifically
provided in the NIST APMS plan.
Pay Setting Upon Promotion
The new basic pay rate upon promotion may be set at any level in
the new pay band (if the move is to a different career path, any pay
band in the new career path would be considered a ``new pay band''),
except that the minimum pay increase upon promotion is 6 percent.
Pay Setting for New Hires
The setting of initial salaries within pay bands for new appointees
will be flexible, particularly for hard-to-fill positions in the
scientific and engineering career path.
Private Sector Compensation Reports
The Institute will arrange for the preparation of reports that
include findings on compensation for private sector positions. NIST
will consider these findings when making NIST pay decisions.
Conversion of NIST Employees From the General Schedule to the NIST APMS
System
For NIST employees being converted from the GS pay system to the
NIST APMS, GS grades will translate directly to the NIST APMS's career-
path and pay-band structure. NIST employees will be converted at their
current highest rate under the GS pay system (i.e., highest of locality
rate or special rate or similar rate) at the time of conversion, except
for supervisors in the Scientific and Engineering Career Path who
qualify for a supervisory/
[[Page 54611]]
managerial pay differential upon conversion. No one's salary will be
reduced as a result of the conversion. When conversion of a NIST
employee into the NIST APMS is accompanied by a geographic move, the
employee's GS pay entitlements (including any locality rate or special
rate) in the new area will be determined before converting the
employee's pay to the NIST APMS pay system.
At the time of conversion, each converted NIST employee will be
given a lump-sum cash payment for the time credited to the employee
toward what would have been the employee's next within-grade increase.
The payment for a General Schedule employee will be computed by (1)
calculating the ratio of (a) the number of days the employee will have
spent in the employee's current rate through the day prior to the day
of conversion, to (b) the total number of days in the employee's
current waiting period for a regular within-grade increase (364, 728,
or 1092 days), and (2) multiplying that ratio by the dollar value of
the employee's next within-grade increase, as in effect at the time of
conversion.
Movements of GS Employees From Other Organizations to the NIST APMS
System
GS employees can move into the NIST APMS from other organizations
through transfer, reassignment, promotion, or new appointment. When the
movement is by lateral transfer or lateral reassignment, the employee's
GS grade will translate directly to the NIST APMS's career-path/pay-
band structure and the employee's rate of basic pay under the NIST APMS
will equal his or her current highest rate under the GS pay system
(i.e., highest of locality rate or special rate or similar rate),
except for the addition of a supervisory differential if the position
is a supervisory position in the Scientific and Engineering Career
Path. When a lateral transfer or lateral reassignment is accompanied by
a geographic move, the employee's GS pay entitlements (including any
locality rate or special rate) in the new area will be determined
before converting the employee's pay to the NIST APMS pay system. When
the movement is by new appointment, promotion, reassignment with pay
adjustment (through merit assignment plan competition), or transfer to
``higher grade'' (i.e., to a band higher than the band that corresponds
to the employee's current GS grade) the new pay rate is set according
to NIST APMS pay setting flexibilities for new hires and promotions.
Pay Setting Upon Movement of a NIST Employee to a Different Pay Area
NIST employees who move (voluntarily or involuntarily) from one
geographic area to another within NIST will have their pay adjusted to
account for any change in the pay band maximum rates between the two
areas. This adjustment ensures that the employee's relative position in
the pay band (measured as a percentage of the pay band maximum rate)
will be maintained upon movement. The pay rate in the new area will be
derived using the following formula:
[GRAPHIC] [TIFF OMITTED] TN21OC97.010
The new pay rate is calculated before any other simultaneous pay
action (e.g., general pay adjustment or promotion effective on the same
date).
Any reduction in pay solely attributable to a movement from one pay
area to a lower-paying area shall not be considered a reduction in
basic pay under the adverse action provisions of 5 U.S.C. 7512(4) or
under the pay retention provisions of 5 U.S.C. 5363. Nor shall such
action be considered a reduction in basic pay under the pay retention
provisions of 5 U.S.C. 5363. (The employee retains the right to grieve
or file a complaint regarding a geographic reassignment if there is an
allegation of a violation of nondiscrimination statutes or a prohibited
personnel practice.)
Grade and Pay Retention
Grade and pay retention follow current law and regulations, except
as allowed by specific waiver (e.g., substitute ``career path and
band'' for ``grade''). Specific waivers are listed in the section
below, titled, ``Authorities and Waiver of Laws and Regulations
Required''.
Severance Pay
OPM severance pay regulations (5 CFR 550.703) are applied to the
NIST APMS by substituting ``one band'' for ``two grades'' and for ``two
grade or pay levels.''
Performance Evaluation and Rewards
Introduction
The performance evaluation system provides the basis for decisions
on performance ratings, performance pay increases, bonuses, and other
performance related actions. The performance year beings October 1 and
ends September 30. However, an employee's performance overall or on a
single element may be evaluated at any time that adequate information
for an evaluation exists.
Coverage
All employees covered by the NIST APMS are covered by the APMS
performance evaluation and rewards system, except the NIST may remove
from the system any position not filled by career or career conditional
appointment. ST-3104 employees have their performance evaluated under
the structure of the performance evaluation system and may receive
bonuses, but do not receive performance pay increases. Members of the
Senior Executive Service remain under the DoC-NIST SES performance
appraisal, pay, and bonus system.
Performance Plans
Performance plans are developed each year by supervisors with input
from employees. Critical performance elements are established for each
position (all elements are critical). The supervisor weights each
element so that the total weight of all elements is 100 points.
Benchmark performance standards define the range of performance. A
supervisor may add supplemental standards to a performance plan to
further elaborate the benchmark performance standards.
Mid-Year Review
A required mid-year review addresses mid-year accomplishments,
performance successes and deficiencies, and any need for performance
plan modifications. Additional reviews may be held as needed.
Performance Appraisal
Performance appraisals bring supervisors and employees together to
discuss performance and accomplishments during the performance year.
The appraisals lead to decisions by supervisors and pay pool managers
on performance scores, performance ratings, performance pay increases,
and bonuses. Performance appraisal is scheduled for the final
[[Page 54612]]
weeks of the performance year, though at any time of the year a
supervisor may place an employee on a performance improvement plan,
assign an unsatisfactory rating if performance is still unsatisfactory,
and take appropriate action.
Performance Ratings
The NIST ARMS performance ratings are Eligible (for performance pay
increase, bonus, and annual adjustment to basic pay) and
Unsatisfactory. Eligible covers the same performance range as the
former ratings of Marginal, Minimally Successful, Fully Successful.
Commendable, and Outstanding. Unsatisfactory covers the same
performance as the former ratings of Unsatisfactory and Unacceptable.
An employee whose performance is unsatisfactory is placed on a
performance improvement plan and give an opportunity to improve before
a final rating is assigned.
Performance Scores
Each element is evaluated individually against the benchmark
performance standards and any supplemental standards. If a single
element in an employee's plan is rated Unsatisfactory, the overall
rating is Unsatisfactory and there is no performance score. If all
elements meet at least the minimally acceptable benchmark, the overall
rating is Eligible. Rating Officials score the performance of employees
rated Eligible on a 100-point scale, which corresponds to the 100-point
element weight scale. An individual element score may be as high as the
weight of that element. The total performance score is the sum of the
element scores. A perfect score on each element would produce a total
score of 100 points.
Performance Ranking
Employees are ranked, by performance score, within a peer group. A
peer group may involve no more than one career path, but may be
otherwise organized by any combination of organization, occupation, pay
band, or appointment type. Rating Officials rank their own employees,
then Pay Pool Managers interleave the rankings of subordinate Rating
Officials to produce peer group rankings at the pay pool level. A Pay
Pool Manager is a line manager who manages his or her organization's
pay increase and bonus fund and has final decision authority over the
performance scores, performance pay increase, and bonuses of
subordinate employees.
Performance Pay Decisions
The Performance Pay Table divides each pay band into three segments
of intervals. Each interval is linked to a range of potential
percentage pay increases beginning at zero and progressing to a maximum
percentage pay increase. The maximum performance pay increase an
employee may receive, therefore, depends on the interval into which the
employee's salary falls. The Pay Pool Manager maker a performance pay
decision for each employee in a peer group, based on the Pay Pool
Manager's ranking and the pay increase ranges in the Performance Pay
Table. Within a peer group, an employee may not receive a higher
proportion-of-range than a higher-ranking employee or a lower
proportion-or-range than a lower-ranking employee.
Performance Bonuses
Bonuses are the only cash awards directly linked to the NIST APMS
performance appraisal system, and are awarded at the ended of the
performance year in conjunction with decisions on performance pay
increases. A pay Poll Manager may award a bonus to any employee with an
Eligible rating.
Actions Based on Unsatisfactory Performance
When an employee's final rating or performance on a single element
is Unsatisfactory (after an opportunity to improve performance), NIST
may take action to reassign or remove the employee, or place the
employee in a lower band, in accordance with performance action
provisions in law and regulation.
Employee Development
The objective of NIST's Employee Development Program is to develop
the competence of employees for maximum achievement of Institute goals
and objectives. The NIST APMS legislation mandates the continuation of
an employee development program including, in appropriate
circumstances, a sabbatical program. The NIST APMS sabbatical program
is consistent with the terms and conditions of the SES sabbatical
program. It covers all career appointees under the NIST APMS have a
least seven years of Federal service and a current performance rating
of Eligible.
Evaluation
Periodic evaluations focus on human resource management issues.
Evaluation criteria are derived from NIST APMS objectives, such as the
objective to compete more effectively for high-quality staff.
Evaluations are based on personnel records, collected data, and the
results of employee surveys.
Costs
Although the NIST APMS legislation does not require budget
neutrality, NIST has set for itself an objective to control total
compensation costs associated with the NIST APMS. NIST maintains total
compensation during the NIST APMS at the level it would have reached
under the current Government-wide system. The procedure permits changes
in NIST expenditures which result from legislatively mandated program
changes and changes in Federal pay and benefits. NIST may offset
selected salary increases with savings by reducing turnover,
eliminating unnecessary overhead, and cutting other personnel costs.
NIST measures its adherence to cost control by preparing budget
estimates based on prescribed Federal Budget processes and monitoring
actual spending under the NIST APMS against this budget estimate.
Conversion or Movement From a NIST APMS Position to a General
Schedule Position
If a NIST APMS employee is moving to a General Schedule (GS)
position, the following procedures will be used to convert the
employee's APMS pay band to an equivalent GS grade and the employee's
APMS rate of pay to equivalent GS rates of pay. The converted GS grade
and rates of pay must be determined before movement out of the APMS and
any accompanying geographic movement, promotion, or other simultaneous
action. For lateral reassignments and lateral transfers, the converted
GS grade and rates of pay will become the employee's actual GS grade
and rates of pay, unless immediately affected by a simultaneous
geographic movement or another pay action. For non-lateral transfers,
promotions, and other actions, the converted GS grade and rates of pay
will be deemed to be the employee's grade and rates of pay at the time
of movement out of the APMS and will be used in applying applicable pay
setting rules (e.g., promotion rules).
1. Grade-Setting Provisions: An employee in a pay band
corresponding to a single GS grade is converted to that grade. An
employee in a pay band corresponding to two or more grades is converted
to one of those grades according to the following rules:
a. The employee's NIST APMS basic rate of pay is compared with step
4 rates in the highest applicable GS rate range (including a rate range
in the GS base schedule, a rate range in the applicable locality rate
schedule, or a rate range in
[[Page 54613]]
a special rate schedule for the employee's occupation). If the series
is a two-grade interval series, only odd-numbered grades are considered
below GS-11.
b. If the employee's pay rate equals or exceeds the applicable step
4 rate of the highest GS grade in the band, the employee is converted
to that grade.
c. If the employee's pay rate is lower than the applicable step 4
rate of the highest grade, the pay rate is compared with the step 4
rate of the second highest grade in the employee's pay band. If the
employee's pay rate equals or exceeds step 4 of the second highest
grade, the employee is converted to that grade.
d. This process is repeated for each successively lower grade in
the band until a grade is found in which the employee's rate of basic
pay equals or exceeds the applicable step 4 of the grade. The employee
is then converted at that grade. If the employee's rate of pay is below
the step 4 rate of the lowest grade in the band, the employee is
converted to the lowest grade.
e. Exceptions: (1) If the employee's pay rate exceeds the maximum
rate of the grade assigned under the above-described ``step 4'' rule
but fits in the rate range for the next higher applicable grade in the
band (i.e., between step 1 and step 4), then the employee shall be
converted to that next higher applicable grade; (2) An employee will
not be converted to a lower grade than the grade held by the employee
immediately preceding a conversion, lateral reassignment, or lateral
transfer into the NIST APMS, unless since that time the employee has
undergone a reduction in band; (3) In Band I of the ZP and ZA Career
Paths, students without a bachelor's degree or comparable experience
are converted no higher than GS-4.
2. Pay-Setting Provisions: An employee's pay within the converted
GS grade is set by converting the NIST APMS rate to GS rates of pay in
accordance with the following rules:
a. The pay conversion is done before any geographic movement or
other pay-related action that coincides with the employee's movement
out of the NIST APMS.
b. An employee's NIST APMS rate is converted to a rate in the
highest applicable rate range for the converted GS grade (including a
rate range in the GS base schedule, a rate range in the applicable
locality rate schedule, or a rate range in a special rate schedule for
the employee's occupation).
c. If the highest applicable rate range is a locality pay rate
range, the NIST APMS rate is converted to a GS locality rate of pay. If
this rate falls between two steps in the locality-adjusted schedule,
the rate must be set at the higher step. The converted GS rate of basic
pay is the GS base rate corresponding to the converted GS locality rate
(i.e., same step position). (If this employee is also covered by a
special rate schedule as a GS employee, the converted special rate will
be determined based on the GS step position. This underlying special
rate will be basic pay for certain purposes for which the employee's
higher locality rate is not basic pay.)
d. If the highest applicable rate range is a special rate range,
the NIST APMS rate is converted to a special rate. If this rate falls
between two steps in the special rate schedule, the rate must be set at
the higher step. The converted GS rate of basic pay will be the GS rate
corresponding to the converted special rate (i.e., same step position).
e. Exception: If an employee's NIST APMS of rate exceeds the
maximum rate of the highest applicable rate range upon conversion to
the General Schedule the affected employee's NIST APMS rate will be
converted to a retained rate under 5 U.S.C. 5363. If an employee is
entitled to a special rate under the General Schedule, the NIST APMS is
converted directly to a retained rate. If an employee is only entitled
to locality pay under the General Schedule, this retained rate is
derived by dividing the NIST APMS rate by the applicable locality pay
factor (i.e., 1 plus the locality payment percentage). Thus, the
locality-adjusted retained rate will equal the NIST APMS rate the
employee had been receiving before conversion. Since the employee's
total rate of pay is not reduced upon conversion, this change to
converted rates under the General Schedule will not be considered a
reduction in basic pay under 5 U.S.C. 5363 or 7512.
NIST APMS Revisions
Modifications must be made from time to time as experience is
gained, results are analyzed, and conclusions are reached on how the
system is working. Minor procedural modifications of this published
NIST APMS plan within already existing waivers may be made by the NIST
Director with appropriate notice (e.g., employee, OPM and/or Federal
Register notice). No new waivers from law or regulation may be added.
NIST APMS Management and Oversight
In accordance with the original NIST project legislation, the
project is ``conducted by the Director of the National Bureau of
Standards'' (now NIST). The Director has delegated management and
oversight of the NIST APMS to the Personnel Management Board (PMB),
whose members and staff are appointed by the Director. The PMB is the
NIST body to manage, evaluate, and make policy and procedural changes
to NIST APMS systems when needed. When necessary, the PMB interprets
and clarifies NIST APMS policy. The PMB establishes the management and
administrative structures for running and evaluating the NIST APMS and
oversees the delegations of authorities to managers, supervisors, and
management bodies, including the withdrawal of authority when
warranted. The PMB has the authority to make exceptions to normal NIST
APMS procedures on a case-by-case basis when it believes an exception
is warranted. The PMB also has the authority to establish itself as the
approving body for any type of NIST APMS personnel action for which
NIST has authority.
Authorities and Waiver of Laws and Regulations Required
Public Law 99-574 gave the National Institute of Standards and
Technology (NIST) the authority to experiment with several specific
personnel system innovations which are otherwise prohibited by law and
regulations. In addition to the authorities granted by the original
NIST project legislation, the following waivers of law and regulation
are included:
Title 5, U.S. Code
Section 5304, Locality-based comparability payments.
Section 5333, Minimum rate for new appointments.
Section 5753-5754 except that relocation bonuses under section 5753
continue to apply.
Subchapter VI of Chapter 53 Grade and Pay Retention, (To the extent
necessary to allow the following modifications: (1) Pay retention does
not apply to reductions in pay caused solely by geographic movement;
and (2) pay retention does not apply to conversions to the General
Schedule as long as the employee's total rate of pay is not reduced.)
Section 7512(4), Adverse actions, (To the extent necessary to allow
the following modifications: (1) Exclude reductions in pay that are
solely due to recomputation upon geographic movement; and (2) exclude
conversions to the General Schedule that do not result in a reduction
in the employee's total rate of pay.)
[[Page 54614]]
Title 5, Code of Federal Regulations
Sections 315.801 Probationary period; when required, (waived only
for positions in the Scientific and Engineering Career path)
Section 315.802 Length of probationary period, (waived only for
positions in the Scientific and Engineering Career path)
Section 351.401 Determining Retention Standing.
Section 351.402 Competitive area in RIF.
Section 351.403 Competitive level in RIF.
Section 351.504 (a) and (d) Credit for Performance.
Section 351.701 Assignment involving displacement.
Section 531.203 Minimum rate for new appointments.
Part 575, Subpart A Recruitment Bonuses.
Part 575, Subpart C Retention Allowances.
[FR Doc. 97-27796 Filed 10-20-97; 8:45 am]
BILLING CODE 3510-13-M