[Federal Register Volume 77, Number 156 (Monday, August 13, 2012)]
[Notices]
[Pages 48128-48129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19812]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket Number: 120706222-2222-01]


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 modifications.

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SUMMARY: This notice announces changes to the existing provisions of 
the National Institute of Standards and Technology's (NIST) Alternative 
Personnel Management System (APMS) published October 21, 1997. NIST is 
implementing direct-hire authority on a permanent basis for all Nuclear 
Reactor Operator positions in NIST's Scientific and Engineering 
Technician (ZT) career path at the Pay Band III and above, and for all 
positions in NIST's Scientific and Engineering (ZP) career path at the 
Pay Band III and above except for the Information Technology 
Management, 2210 series; the General Engineering, 801 series; and the 
General Physical Science, 1301 series.

DATES: The changes to the APMS announced in this notice are effective 
on August 13, 2012.

FOR FURTHER INFORMATION CONTACT: Susanne Porch at the National 
Institute of Standards and Technology, (301) 975-3000; or Valerie Smith 
at the U.S. Department of Commerce, (202) 482-0272.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with Public Law 99-574, the National Bureau of 
Standards Authorization Act for Fiscal Year 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 
first amended the plan on May 6, 2005 (70 FR 23996), to strengthen the 
link between pay and performance, to simplify the pay-for-performance 
system, and to broaden the link between performance and retention 
service credit for reduction in force, which became permanent upon 
publication. NIST amended the plan again on July 15, 2008 (73 FR 
40500), to improve flexibility in rewarding new and mid-level employees 
and to broaden the ability to make performance distinctions 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 5 U.S.C. 3304(a)(3) 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. On January 5, 
2011, a Federal Register notice was published (76 FR 539) implementing 
the direct-hire pilot for a period of one year. During the pilot, 
information was gathered 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 December 20, 2011, NIST published a Federal Register notice (76 
FR 78889) extending the direct-hire pilot for an additional six (6) 
months. During this extended pilot period, NIST submitted a request to 
the Department of Commerce to implement direct-hire authority under 5 
U.S.C. 3304(a)(3) on a permanent basis for Nuclear Reactor Operator 
positions in NIST's Scientific and Engineering Technician (ZT) career 
path at the Pay Band III and above, and for all positions in NIST's 
Scientific and Engineering (ZP) career path at the Pay Band III and 
above except for the Information Technology Management, 2210 series; 
the General Engineering, 801 series; and the General Physical Science, 
1301 series. The request included 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. On April 20, 2012, the Department 
of Commerce, in consultation with OPM, approved NIST's request to 
implement direct-hire authority on a permanent basis for the above 
occupations. The Department of Commerce also granted NIST approval to 
continue piloting direct-hire authority for all positions in the 
General Engineering, 801 series and the General Physical Science, 1301 
series for an additional period of twelve (12) months.
    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 announces the modification to 
the APMS and implements direct-hire authority under 5 U.S.C. 3304(a)(3) 
on a permanent basis.

    Dated: August 8, 2012.
David Robinson,
Associate Director for Management Resources.

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

[[Page 48129]]

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 (OPM'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 implementing direct-hire authority under 5 
U.S.C. 3304(a)(3) on a permanent basis.
    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 on a permanent basis.
    NIST will continually monitor the effectiveness of this amendment.

II. Basis for APMS Plan Modification

    Section 3304(a)(3) 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.
    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.
    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 Pay 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.

III. Changes in the APMS Plan

    The APMS at NIST, published in the Federal Register on 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: ``Direct Hire: 
Critical Shortage Occupations'' is replaced with:
    NIST uses direct-hire procedures for categories of occupations 
which require skills that are in short supply. All Nuclear Reactor 
Operator positions at the Pay Band III and above in the ZT Career Path 
constitute a shortage category, and all occupations at the Pay Band III 
and above in the ZP Career Path constitute a shortage category except 
for the Information Technology Management, 2210 series; the General 
Engineering, 801 series; and the General Physical Science, 1301 series. 
Any positions in these categories may be filled through direct-hire 
procedures in accordance with 5 U.S.C. 3304(a)(3). 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: ``NIST Applicant Supply File'' is 
deleted.
    5. The subsection titled: ``Referral Procedures for Direct 
Examination and Hiring and Agency Based Staffing Authorities'' is 
deleted. The information under this subsection titled: ``1. Direct 
Referral'' and ``2. Rating and Ranking'' is also deleted.
    6. 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.
    NIST intends to publish a consolidated plan that reflects all 
amendments to the APMS in FY13.
[FR Doc. 2012-19812 Filed 8-10-12; 8:45 am]
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