[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Notices]
[Pages 51518-51519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20919]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket Number 120706223-2223-01]


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 announces changes to existing provisions of the 
National Institute of Standards and Technology's (NIST) Alternative 
Personnel Management System (APMS). NIST will pilot direct-hire 
authority for a period of one year from the publication date of this 
notice, for all positions in the General Engineering, 801 series and 
General Physical Science, 1301 series.

DATES: The direct-hire authority pilot program will begin on August 24, 
2012, until August 24, 2013.

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, on May 17, 1989 (54 FR 21331) and Sept. 
25, 1990 (55 FR 39220), to clarify certain NIST authorities. 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 effective 
upon the date of 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, NIST published a Federal Register notice (76 FR 539) announcing 
that the agency would be 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 
the Office of Personnel Management, 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 
pilot direct-hire authority under 5 U.S.C. 3304(a)(3) for all positions 
in the General Engineering, 801 series and the General Physical 
Science, 1301 series.
    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 plan to implement direct-hire procedures under 5 U.S.C. 
3304(a)(3) on a pilot basis for twelve (12) months. During this pilot 
period, NIST will gather data on the impact of direct-hire authority on 
preference eligibles. NIST will also include data from the previous 
pilot's expiration date of June 5, 2012. If additional time is required 
to complete review of the data, the pilot may be extended for an 
additional six (6) months.

    Dated: August 2, 2012.
David Robinson,
Associate Director for Management Resources.

Table of Contents

I. Executive Summary
II. Basis for APMS Plan Modification

[[Page 51519]]

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 piloting direct-hire authority for the General Engineering, 
801 series and General Physical Science, 1301 series under 5 U.S.C. 
3304(a)(3) for a period of twelve (12) 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 a period of twelve (12) 
months. During this pilot period, NIST will gather data on the impact 
of direct-hire authority on preference eligibles. NIST will also 
include data from the previous pilot's expiration date of June 5, 2012. 
If additional time is required to complete a review of the data, 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(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 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. NIST will pilot direct-hire 
procedures for the General Engineering, 801 series and the General 
Physical Science, 1301 series for a period of twelve (12) months. 
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.

    NIST intends to publish a consolidated plan that reflects all 
amendments to the APMS in FY13.

[FR Doc. 2012-20919 Filed 8-23-12; 8:45 am]
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