[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Notices]
[Pages 78889-78890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32525]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket Number: 111208744-1741-01]


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.

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SUMMARY: This notice informs the public that the National Institute of 
Standards and Technology (NIST) is extending for six (6) months 
beginning on January 5, 2012, its APMS direct-hire authority pilot. 
NIST will continue piloting direct-hire authority under Title 5, CFR, 
Part 337, Subpart B for all positions within NIST in the Scientific and 
Engineering (ZP) career path at the Pay Band III and above, for Nuclear 
Reactor Operator positions in the Scientific and Engineering (ZT) 
career path at Pay Band III and above, and for all occupations for 
which there is a special rate under the General Schedule pay system.

DATES: This notice is effective on December 20, 2011.

FOR FURTHER INFORMATION CONTACT: Janet Hoffman at the National 
Institute of Standards and Technology, (301) 975-3185; or Valerie Smith 
at the U.S. Department of Commerce, (202) 482-0272.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with Public Law 99-574, the NIST Authorization Act 
for 1987, 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 modified twice to clarify certain 
NIST authorities (54 FR 21331 of May 17, 1989, and 55 FR 39220 of Sept. 
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 amended the plan on May 6, 2005, 70 FR 23996, which 
became permanent on June 6, 2005. NIST amended the plan again on July 
15, 2008, 73 FR 40502, and that amendment became permanent on October 
1, 2008.
    On December 3, 2010, the Department of Commerce approved NIST's 
request to pilot direct-hire under Title 5, CFR, Part 337, Subpart B, 
for a period of one year for all positions within the Scientific and 
Engineering (ZP) career path at the Pay Band III and above, for Nuclear 
Reactor Operator positions in the Scientific and Engineering Technician 
(ZT) career path at Pay Band III and above, and for all occupations for 
which there is a special rate under the General Schedule (GS) pay 
system.
    NIST received approval to gather data on the impact of direct-hire 
authority on preference eligibles, as well as information supporting 
the finding of a severe shortage of candidates for the positions 
covered under the direct-hire authority. On January 5, 2011, NIST 
published a Federal Register notice implementing the direct-hire pilot 
for a period of one year.
    The APMS plan 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 formally modifies the APMS plan to align 
direct-hire procedures with OPM's direct-hire authority on a pilot 
basis for an additional six months. During this extended pilot period, 
NIST will be submitting a request to the Department of Commerce to 
implement direct-hire authority under Title 5, CFR, Part 337, Subpart 
B, on a permanent basis. The request will include a statistical 
analysis determining the impact of direct-hire authority on preference 
eligibles as well as a justification supporting the finding of a severe 
shortage of candidates in the covered positions. If additional time is 
required to complete review of NIST's request, the pilot may be 
extended for an additional six (6) months.

    Dated: December 15, 2011.
Kevin Kimball,
Chief of Staff.

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's (NIST) 
Alternative Personnel Management System (APMS) is 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.
    Since implementing the APMS in 1987, according to findings in the 
Office of Personnel Management's ``Summative Evaluation Report National 
Institute of Standards and Technology Demonstration Project: 1988-
1995,'' NIST has accomplished the following: NIST is more competitive 
for talent; NIST retained more top performers than a comparison group; 
and NIST managers reported significantly more authority to make 
decisions concerning employee pay. This modification builds on this 
success by extending the pilot on direct- hire authority under Title 5, 
CFR, Part 337, Subpart B, for a period of six (6) additional months.
    This amendment modifies the October 21, 1997 Federal Register 
notice. Specifically, it enables NIST 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 for an additional period of 
six (6) months.
    During this extended pilot period, NIST will be submitting a 
request to the Department of Commerce to implement direct-hire 
authority under Title 5, CFR, Part 337, Subpart B, on a permanent 
basis. The request will include a statistical analysis determining the 
impact of direct-hire authority on preference eligibles as well as a 
justification supporting the finding of a severe shortage of candidates 
in the covered positions. If additional time is required to complete 
review of NIST's request, the pilot may be extended for an additional 
six (6) months.
    NIST will continually monitor the effectiveness of this amendment.

II. Basis for APMS Plan Modification

    Section 3304 (c) of title 5, United States Code, provides agencies 
with the authority to appoint candidates directly to jobs for which OPM 
determines that there is a severe shortage of candidates or a critical 
hiring need.

[[Page 78890]]

    In 1987 with the approval of the NIST APMS (52 FR 37082), and in 
1997 when the APMS plan was modified (62 FR 54604), OPM concurred that 
all occupations in the ZP career path at the band III and above 
constitute a shortage category; Nuclear Reactor Operator positions in 
the ZT Career Path at the Pay Band III and above constitute a shortage 
category; and all occupations for which there is a special rate under 
the General Schedule pay system constitute a shortage category.
    OPM's direct-hire authority enables agencies to hire, after public 
notice is given, any qualified application without regard to 5 U.S.C. 
3309-3318, 5 CFR part 211, or 5 CFR part 337, subpart A. NIST's APMS 
allows the NIST Director to modify procedures if no new waiver from law 
or regulation is added. Given this modification is in accordance with 
existing law and regulation, the NIST Director is authorized to make 
the changes described in this notice. The modification to our final 
Federal Register Notice, dated October 21, 1997, with respect to our 
Staffing authorities is provided below.

III. Changes in the APMS Plan

    The APMS at the NIST, published in the Federal Register October 21, 
1997 (62 FR 54604) is amended as follows:
    1. The subsection titled: ``Direct Examination and Hiring'' is 
deleted.
    2. The subsection titled ``Direct Hire: Critical Shortage Highly 
Qualified Candidates'' is deleted.
    3. The information under the subsection titled: ``NIST Applicant 
Supply File'' is replaced with: NIST advertises the availability of job 
opportunities in Direct-Hire occupations by posting on the OPM USAJOBS 
Web site. NIST will follow internal Direct Hire procedures for 
accepting applications.
    4. The subsection titled: ``Referral Procedures for Direct 
Examination and Hiring and Agency Based Staffing Authorities'' is 
deleted.
    5. 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.
    6. The subsection titled: ``Direct Referral'' is deleted.
    7. The subsection titled: ``Rating and Ranking'' is deleted.

[FR Doc. 2011-32525 Filed 12-19-11; 8:45 am]
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