Notice2022-08877
Alternative Personnel Management System (APMS) at the National Institute of Standards and Technology
Primary source
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Published
April 28, 2022
Effective
April 28, 2022
Issuing agencies
Commerce DepartmentNational Institute of Standards and Technology
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 82 (Thursday, April 28, 2022)</title>
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[Federal Register Volume 87, Number 82 (Thursday, April 28, 2022)]
[Notices]
[Pages 25222-25224]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#d6b3a5a5b3aef8b4a4b9a1b896b8bfa5a2f8b1b9a0"><span class="__cf_email__" data-cfemail="6c091f1f0914420e1e031b022c02051f18420b031a">[email protected]</span></a>.
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:
<bullet> 5 Code of Federal Regulations 316.301, Purpose and
Duration
<bullet> 5 Code of Federal Regulations 316.304, Trial Period; when
required (waived only for positions in the Scientific and Engineering
Career path)
<bullet> 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]
BILLING CODE 3510-13-P
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