[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Notices]
[Pages 35841-35842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17274]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket Number 0906181062-91065-01]


Amendments to Alternative Personnel Management System (APMS) at 
the National Institute of Standards and Technology

AGENCY: National Institute of Standards and Technology, Commerce.

ACTION: Notice of amendments.

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SUMMARY: National Institute of Standards and Technology (NIST) 
announces amendments to NIST's Alternative Personnel Management System 
(APMS). The amendments change the performance management system of the 
Senior Professional (ST) employees at NIST.

DATES: This notice is effective on July 21, 2009.

FOR FURTHER INFORMATION CONTACT: For questions or comments, please 
contact Susanne Porch at the National Institute of Standards and 
Technology, (301) 975-2487.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with Public Law 99-574, the NIST Authorization Act 
for Fiscal Year 1987 (15 U.S.C. 275 note), the Office of Personnel 
Management (OPM) approved a demonstration project plan, ``Alternative 
Personnel Management System (APMS) at the National Institute of 
Standards and Technology (NIST),'' and published the plan in the 
Federal Register on October 2, 1987 (52 FR 37082). The project plan has 
been amended twice to clarify certain NIST authorities (54 FR 21331, 
May 17, 1989, and 55 FR 39220, September 25, 1990). The project plan 
and subsequent amendments were consolidated in the final APMS plan, 
which became permanent on October 21, 1997, (62 FR 54604). NIST 
published an amendment on May 6, 2005 (70 FR 23996), which became 
permanent on

[[Page 35842]]

June 6, 2005. NIST published an amendment on July 15, 2008 (FR 73 
40502), which became permanent on October 1, 2008.
    The plan provides for modifications to be made as experience is 
gained, results are analyzed, and conclusions are reached with regard 
to the working efficacy of the system. This notice formally amends the 
APMS plan to exclude NIST ST employees from the APMS performance 
management system and to include these employees in the Department of 
Commerce's 5-level performance management system. NIST is making this 
modification because it has determined that ST employees should be 
evaluated in the same manner as all other Department of Commerce ST 
employees, which is under the 5-level performance management system.

    Dated: July 16, 2009.
Patrick Gallagher,
Deputy Director.

Table of Contents

I. Executive Summary
II. Basis for APMS Plan Modification
III. Changes to the APMS Plan

I. Executive Summary

    The National Institute of Standards and Technology (NIST) is 
removing its Senior Professional (ST) employees from the Alternative 
Personnel Management System (APMS) performance management system. 
Instead, ST employees will be covered under the Department of 
Commerce's 5-level performance management system.
    This amendment modifies the July 15, 2008 (73 FR 40502) amendment. 
Specifically, NIST will exclude ST employees from the performance 
management piece of the APMS. NIST ST employees will be covered under 
the Department of Commerce's 5-level performance management system.
    NIST will continually monitor the effectiveness of this amendment.

II. Basis for APMS Plan Modification

    NIST determined that ST employees should be evaluated in the same 
manner as all other Department of Commerce ST employees, which is under 
the 5-level performance management system.

III. Changes in the APMS Plan

    The APMS at the NIST, published in the Federal Register on October 
21, 1997 (62 FR 54604), as amended May 6, 2005 (70 FR 23996), and July 
15, 2008 (73 FR 40502) is amended as follows:
    1. Senior Executive Service (SES) and ST-3104 Positions (62 FR 
54607) is replaced with the following: 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. ST-3104 positions (see 5 U.S.C. 3104 and 5376) 
are covered under the Department of Commerce's 5-level performance 
management system. 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.
    2. Performance Evaluation and Rewards, Coverage (62 FR 54611) is 
amended as follows: All employees covered by the NIST APMS are covered 
by the APMS performance evaluation and rewards system, except that 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 Department of Commerce's 5-level performance 
management system and may receive bonuses under that system. Members of 
the Senior Executive Service remain under the DOC-NIST SES performance 
appraisal, pay and bonus system.

[FR Doc. E9-17274 Filed 7-20-09; 8:45 am]
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