[Federal Register Volume 87, Number 82 (Thursday, April 28, 2022)]
[Notices]
[Pages 25222-25224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08877]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket Number: 220420-0100]


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 modifies the National Institute of Standards and 
Technology (NIST) Alternative Personnel Management System (APMS) 
published October 21, 1997 to allow NIST to implement a term 
appointment with a minimum duration of more than one year that may be 
extended up to six years, for research positions in the Scientific and 
Engineering (ZP) career path at the Pay Band III-level and above. These 
term appointments will be subject to a trial period that lasts the 
duration of the term (initial appointment including any subsequent 
extensions). This notice also modifies the APMS to allow NIST to 
convert an employee serving under a term appointment under this 
authority to a permanent appointment in the competitive service without 
further competition.

DATES: This notice is effective on April 28, 2022.

FOR FURTHER INFORMATION CONTACT: For further information, please 
contact Essex W. Brown III, NIST Office of Human Resources Management, 
by telephone at (301) 975-3801 or by email at [email protected].

SUPPLEMENTARY INFORMATION: 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 
published demonstration project plan was modified twice, once to 
clarify certain NIST authorities (54 FR 21331, May 17, 1989) and once 
to revise the performance appraisal system and the pay administration 
system in order to better link pay with performance (55 FR 39220, 
September 25, 1990). The APMS was made permanent in Section 10 of the 
National Technology Transfer and Advancement Act of 1995, Public Law 
104-113, 110 Stat. 775 (Mar. 7, 1996) (codified at 15 U.S.C. 275 note), 
and the project plan and subsequent amendments were consolidated in the 
final APMS plan, which was published in the Federal Register on October 
21, 1997 (62 FR 54604). NIST published ten subsequent amendments to the 
final APMS plan: One on May 6, 2005 (70 FR 23996), which became 
effective upon publication in the Federal Register; one on July 15, 
2008 (73 FR 40500), which became effective on October 1, 2008; one on 
July 21, 2009 (74 FR 35841), which became effective upon publication in 
the Federal Register; one on January 5, 2011 (76 FR 539), which became 
effective upon publication in the Federal Register; one on June 19, 
2012 (77 FR 36485), which became effective upon publication in the 
Federal Register; one on August 13, 2012 (77 FR 48128), which became 
effective upon publication in the Federal Register; one on August 24, 
2012 (77 FR 51518), which became effective upon publication in the 
Federal Register; one on September 24, 2015 (80 FR 57580), which became 
effective upon publication in the Federal Register; one on July 21, 
2009 (74 FR 35843), which became effective upon publication in the 
Federal Register; and one on April 11, 2019 (84 FR 14654), which became 
effective upon publication in the Federal Register.
    The APMS allows for modifications to be made as experience is 
gained, results are analyzed, and conclusions are reached on how the 
system is working. Through this notice, NIST recognizes a modification 
within the APMS plan that allows NIST to:
    (a) Implement a term appointment, with a minimum duration of more 
than one year that may be extended up to six years, for research 
positions in the Scientific and Engineering (ZP) career path at the Pay 
Band III-level and above. These term appointments will be subject to a 
trial period that lasts the duration

[[Page 25223]]

of the term (initial appointment including any subsequent extensions).
    (b) Convert an employee serving under a term appointment under this 
authority to a permanent appointment in the competitive service without 
further competition if all of the following are met--
    (1) such individual was appointed under open, competitive 
examination under subchapter I of chapter 33 to the term position;
    (2) the announcement for the term appointment from which the 
conversion is made stated that there was potential for subsequent 
conversion to a career-conditional or career appointment;
    (3) the employee has completed at least 2 years of current 
continuous service under a term appointment in the competitive service 
under this authority;
    (4) the employee's performance under such term appointment was at 
least Contributor level (Level 3) or equivalent; and
    (5) the position to which such employee is being converted under 
this section is in the same occupational series, is in the same 
geographic location, and provides no greater promotion potential than 
the term position for which the competitive examination was conducted.
    Conversion to a permanent position is not guaranteed even if the 
above conditions are met.

    Dated:
Del Brockett,
Chair, Personnel Management Board.

Table of Contents

I. Executive Summary
II. Basis for Recognition of OPM Authorization in the APMS Plan
III. Language Inserted Into 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, a pay-for-
performance system, 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 (52 FR 37082, October 2, 1987). Since implementing the APMS, 
NIST is more competitive for talent, and NIST managers report 
significantly more authority to make decisions concerning employee pay.
    As provided in this notice, NIST is modifying its APMS to allow 
NIST to (a) implement a new appointment mechanism that allows NIST to 
hire individuals on a term appointment, with a minimum duration of more 
than one year that may be extended up to six years, and (b) convert an 
employee serving under a term appointment under this authority to a 
permanent appointment in the competitive service without further 
competition. These authorizations will provide NIST with greater 
flexibility to shape the workforce based on research program changes by 
permitting term appointments of longer duration and authorizing a 
streamlined way to convert term employees to permanent status. In 
addition, they will enhance NIST's ability to recruit and retain highly 
skilled individuals in mission-critical occupations and provide greater 
opportunities for term employees in pursuing their career objectives.
    The positions for which this term appointment will be utilized 
include research positions within the Scientific and Engineering (ZP) 
career path at the Pay Band III-level and above.

II. Basis for Recognition of OPM Authorization in the APMS Plan

    At NIST, research projects routinely require highly technical 
expertise in a particular scientific field. Depending on programmatic 
shifts in research, administrative priorities, and technological 
advances, at times, such projects continue for a short duration, while, 
at other times, such projects must continue for years before their 
successful completion. To address such programmatic shifts and changing 
priorities, NIST would benefit from the opportunity to hire individuals 
on a term appointment with a minimum duration of more than one year 
that may be extended up to six years and the ability to convert the 
individuals to a career or career-conditional appointment non-
competitively. As research priorities shift with external changes, it 
is critical that NIST have the ability to align its human capital with 
the essential expertise required.
    Title 5, CFR 316.301 (``Term employment/Purpose and duration'') 
allows agencies to make a term appointment for a period of one to four 
years where the need for an employee's services is not permanent. This 
section also provides OPM with the authority to ``authorize exceptions 
beyond the 4-year limit when the extension is clearly justified and is 
consistent with applicable statutory provisions.'' The authority found 
in 5 CFR 316.301 does not adequately fulfill NIST's research needs, as 
when changes in national research priorities occur, NIST must address 
them quickly and efficiently and manage human capital accordingly. To 
fulfill these needs, NIST is modifying its APMS to utilize a term 
appointment, with a minimum duration of more than one year that may be 
extended up to six years, for research positions in the Scientific and 
Engineering (ZP) career path at the Pay Band III-level and above, which 
includes the ability to convert individuals hired under this authority 
to a career or career-conditional appointment non-competitively. These 
term appointments will be subject to a trial period that lasts the 
duration of the term (initial appointment including any subsequent 
extensions).

III. Authorities and Waiver of Laws and Regulations Required

    Public Law 99-574 gave NIST the authority to experiment with 
several specific personnel system innovations which are otherwise 
prohibited by law and regulations. NIST is waiving the following laws 
and regulations:
     5 Code of Federal Regulations 316.301, Purpose and 
Duration
     5 Code of Federal Regulations 316.304, Trial Period; when 
required (waived only for positions in the Scientific and Engineering 
Career path)
     5 Code of Federal Regulations Part 322, or any other 
provision of law relating to the examination, certification, and 
appointment of individuals in the competitive service (waived to the 
extent inconsistent with APMS).

IV. Language Inserted Into the APMS Plan

    The APMS at NIST, published in the Federal Register on October 21, 
1997 (62 FR 54604), is amended as follows:
    After the section titled ``Promotion,'' a new section titled ``Term 
Appointment for ZP Positions'' will be inserted with the following:

Term Appointment for ZP Positions

    NIST may hire individuals on term appointments with a minimum 
duration of more than one year that may be extended up to six years to 
research positions in the Scientific and Engineering (ZP) career path 
at the Pay Band III or above. These term

[[Page 25224]]

appointments will be subject to a trial period that lasts the duration 
of the term (initial appointment including any subsequent extensions). 
NIST may also convert an employee serving under a term appointment 
under this authority to a permanent appointment in the competitive 
service without further competition if all of the following are met--
    (1) such individual was appointed under open, competitive 
examination under subchapter I of chapter 33 to the term position;
    (2) the announcement for the term appointment from which the 
conversion is made stated that there was potential for subsequent 
conversion to a career-conditional or career appointment;
    (3) the employee has completed at least 2 years of current 
continuous service under a term appointment in the competitive service;
    (4) the employee's performance under such term appointment was at 
least Contributor level (Level 3) or equivalent; and
    (5) the position to which such employee is being converted under 
this section is in the same occupational series, is in the same 
geographic location, and provides no greater promotion potential than 
the term position for which the competitive examination was conducted.
    Conversion to a permanent position is not guaranteed even if the 
above conditions are met.

Alicia Chambers,
NIST Executive Secretariat.
[FR Doc. 2022-08877 Filed 4-27-22; 8:45 am]
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