STAFFING
Sections
10.02.06 Staffing Mechanisms and Recruitment Sources
10.02.07 Types of Appointments
10.02.08 Requirements and Limitations on Selection of Applicants
10.02.09 Probationary and Trial Periods
10.02.10 Employment of Non-Citizens
Appendix A - Use of Private Sector Temporary Services
Appendix B - Placing Paid Advertisements
Appendix D - NIST Student Loan Repayment
Program
10.02.01
PURPOSE
This subchapter sets forth policies and procedures for filling positions.
While these instructions have particular reference to positions in the
competitive service, the basic policies should be observed to the fullest
extent possible in filling positions in the excepted service.
10.02.02
SCOPE
This subchapter applies to all NIST employees and positions at Gaithersburg
and Boulder.
10.02.03
POLICY
All appointments to NIST positions are made solely on the basis of
merit, fitness, and qualifications without regard to race, color, religion,
national origin, marital status, sex, age, non-disqualifying physical disability,
political or labor organization affiliation, or personal favoritism.
10.02.04
AUTHORITIES
Pertinent Chapters of Title V, U.S. Code, and Title 5, Code of Federal
Regulations, dealing with Employment and Merit System Principles; Federal
Register Notice, Volume 62, No. 203, dated October 21, 1997; pertinent
Personnel Management Board decisions; and other appropriate Department
of Commerce and NIST staffing-related policies and guidance.
10.02.05
RESPONSIBILITIES
a. The Personnel Management Board (PMB) is responsible for establishing
the policies and procedures for staffing consistent with the NIST Alternative
Personnel Management System (APMS).
b. The Human Resources Management Division (HRMD) is responsible for
establishing, implementing, and administering staffing programs. Responsibilities
include:
(1) Reviewing staffing actions for legal and regulatory compliance;
(2) Advising and training supervisors and employees in the policies,
procedures, requirements, objectives, and other aspects of staffing programs;
(3) Establishing and maintaining necessary case files to permit reconstruction
of actions and to answer inquiries;
(4) Assisting in the development of the description of specialized experience,
selective factor(s), quality ranking factor(s), screen-out element(s),
and job element(s);
(5) Evaluating the qualifications of applicant(s) or selectee(s) in
accordance with Office of Personnel Management (OPM) qualification standards;
(6) Preparing Vacancy Announcements;
(7) Providing appropriate selection certificates to the selecting official;
(8) Providing assistance to managers in evaluating the qualifications
of applicants through the Assisted Staffing Program;
(9) Advising panels and/or subject matter experts of their responsibilities;
(10) Approving or disapproving requests for certificate extensions;
and
(11) Making the official position offer.
c. The managers and selecting officials are responsible for:
(1) Initiating a request for personnel action and providing the appropriate
documentation to HRMD to support the request;
(2) Determining the area of consideration for Vacancy Announcements
that is sufficiently broad to ensure the availability of a high quality,
diverse applicant pool;
(3) Developing the description of specialized experience, selective
factor(s), quality ranking factor(s), screen-out element(s), and job element(s);
(4) Evaluating the qualifications of applicants, if applicable; and
(5) Making a selection from the best-qualified applicants.
d. The applicants are responsible for:
(1) Submitting information about their qualifications in accordance
with the information requested on the Vacancy Announcement; and
(2) Making sure their complete application package is submitted timely
in accordance with the instructions contained in the Vacancy Announcement.
e. The panel members and/or subject matter experts are responsible for:
(1) Rating the degree to which qualified applicants possess the knowledge,
skills, and abilities of the position (listed in the Vacancy Announcement
as Quality Ranking Factors or Job Elements);
(2) Maintaining confidentiality on all personal information learned
when evaluating applicants; and
(3) Disqualifying themselves from serving as a panel member if, for
any reason, they cannot be completely objective. No one having a relative,
roommate, or member of their household as an applicant for the position
shall serve as a panel member.
10.02.06
STAFFING MECHANISMS AND RECRUITMENT SOURCES
There are a variety of staffing mechanisms and recruitment sources
that can be used to fill vacant positions. These include advertising positions
by issuing Vacancy Announcements; visits to universities and colleges;
inquiries to professional societies; attendance at job fairs; and paid
advertisment in search of qualified applicants. When deciding which methods
to use, managers should take into consideration affirmative employment
goals within NIST.
a. Applications to fill vacant positions may be solicited by the following
methods:
(1) Posting vacancies under the procedures outlined in the Merit Assignment
Plan (Subchapter 10.06). These procedures assist in:
(a) Identifying interested candidates among NIST staff; and
(b) Publicizing the need to other government personnel offices and employment
centers at the Department of Commerce and OPM.
(2) Posting vacancies using OPM's competitive examining process. This
includes agency-based staffing, direct hire, and delegated examining authorities.
(3) Reviewing the Applicant Supply File located in HRMD. This File is
used for those occupations covered under direct hire authority. Applications
received in the Applicant Supply File are maintained for a period of 90
days.
b. Private sector temporary services may be used for filling short-term
needs under certain conditions. These conditions and the procedures for
procuring private sector temporary services can be found in Appendix A.
Appropriate clearances must be obtained from HRMD.
c. Paid advertisments may be used as a recruiting source. Policies for
placing paid advertisements are contained in Appendix B. HRMD clearance
is not required when placing a paid advertisement.
d. Reemployed annuitants may be hired to fill vacant positions at NIST
and serve at the will of the appointing authority. The servicing personnel
generalist in HRMD should be contacted whenever any consideration is being
given to hire an individual receiving an annuity.
e. Certain individuals with physical or mental disabilities may be hired
noncompetitively into excepted service positions. Certain requirements
must be met and, once hired, these employees may be eligible for noncompetitive
conversion to a permanent position in the competitive service. Additional
information concerning recruitment or employment of individuals with disabilities
is available from the Civil Rights Office.
f. Positions can also be filled with individuals eligible for a variety of noncompetitive appointing authorities including Veterans Readjustment Appointment (VRA), 30 percent disabled veterans,
reinstatement of former federal employees with status, etc. For
further information, contact the servicing personnel generalist in HRMD.
10.02.07
TYPES OF APPOINTMENTS
a. Career-Conditional - A permanent appointment in the competitive
service given to persons hired under a competitive examining process (i.e.,
direct hire, agency-based, and delegated examining).
b. Career - An appointment given to persons who have served three
consecutive years, with no break in service, on a career-conditional appointment.
c. Temporary - An appointment given to persons who are serving
in positions not expected to last more than one year. The appointment may
be extended up to a maximum of one additional year for a total of 24 months.
A temporary appointment may be made:
(1) To fill a short-term position;
(2) To meet a short-term employment need such as abolishment, reorganization, or contracting out of the function; anticipated reduction in funding; or completion of a specific project or peak workload; or
to fill positions on a temporary basis when the positions are
expected to be needed for placement of permanent employees who would otherwise
be displaced from other parts of the organization (e.g., to make a temporary
outside hire until an anticipated reduction-in-force takes place and a
displaced employee is reassigned).
d. Reinstatement - Appointment of a former federal employee who
has competitive status.
e. Transfer - Appointment of an individual currently employed
by another federal agency and who is serving in the competitive service
either as a career-conditional or career employee.
f. Term Appointment - An appointment given to persons who are
serving in positions that will last longer than one year, but less than
four years. Reasons for making a term appointment include project work,
extraordinary workload, scheduled abolishment, reorganization, or contracting
out of the function, uncertainty of future funding, or the need to maintain
permanent positions for placement of employees who would otherwise be displaced
from other parts of the organization (e.g., to make a temporary outside
hire until an anticipated reduction-in-force takes place and a displaced
employee is reassigned).
g. Excepted Appointment- An appointment given to persons who
are serving in positions excepted from the competitive service by an Executive
Order or Public Law. This type of appointment is generally used at NIST
for hiring individuals such as experts or consultants, students, individuals
with disabilities, faculty members, and non-citizens.
10.02.08
REQUIREMENTS AND LIMITATIONS ON SELECTION OF APPLICANTS
a. Qualification Standards - Applicants are required to meet
the qualification standards prescribed by OPM.
b. Citizenship - Only citizens of the United States can be given
permanent appointments in the competitive service (i.e., career, career-conditional,
term, or temporary). Non-citizens may be given temporary appointments in
the excepted service only in the absence of qualified citizens (see Section
10.02.10 for information on the employment of non-citizens).
c. Placement Programs - Selections and appointments are made
subject to current laws and regulations governing priority placement and
selection programs such as the Career Transition Assistance Program (CTAP)
and the Interagency Career Transition Assistance Program (ICTAP).
d. Physical Requirements - Appointments are made subject to the
applicant satisfactorily passing any required medical examination.
e. Reference Checks - It is recommended that appointments not be made until satisfactory reference checks on the selectee have been received. NIST supervisors and managers should make reference checks on the suitability of the applicant's character, ability, experience, and personal characteristics.
f. Security Requirements - Depending upon the position sensitivity,
a security investigation may be required prior to appointment. Subchapter
13.01, Information Security Regulations, defines the types of required
security clearances, procedures, required forms, approximate lead time
involved, and a sample memorandum for requesting a change in position sensitivity.
10.02.09
PROBATIONARY AND TRIAL PERIODS
a. New career-conditional appointees, except ZP employees (see paragraph
b. below), are required to serve a probationary period for one year. Individuals
given term appointments or certain excepted service appointments are required
to serve a one-year trial period. An employee serving a trial period is
treated in the same manner as an employee serving a probationary period.
Prior federal service may be creditable toward meeting the probationary
or trial period requirement.
b. For all positions in the ZP career path, the probationary period
is three years; however, a supervisor may end the probationary period of
a subordinate ZP employee anytime after one year.
c. The purpose of the probationary/trial period is to determine if the
appointee is qualified and suitable in all respects for continued employment
in the position for which they were hired. The probationary/trial period
is a "test" period and the last step in the examination process for federal
employment. During this period, the employee must demonstrate the capacity
and fitness to be retained in the federal service.
d. An employee serving a probationary/trial period may be separated at any time during this period if the performance of their duties or their conduct is not satisfactory to NIST. If a supervisor has concerns regarding the employee's performance or conduct, they should contact their servicing personnel generalist as soon as the deficiency is noticed.
e. If an employee serving a probationary/trial period is determined to be satisfactory, Form CD-35, Probationary or Trial Period Report, or Form NIST-02, Probationary Period Report (Scientific and Engineering (ZP) Career Path), must be completed between the ninth and tenth months of the probationary period.
f. Appointees who have not previously served as a supervisor or manager
in the federal service are required to serve a twelve-month supervisory
probationary period. Form CD-352, Certification of Completion of Probationary
Period, must be completed for employees serving a supervisory or managerial
probationary period. Failure to complete a supervisory or managerial probationary
period for reasons of performance will result in the employee's assignment
to a non-supervisory position.
10.02.10
EMPLOYMENT OF NON-CITIZENS
Executive Order 11935, dated September 2, 1976, restricts the employment
of non-citizens. Only in very rare cases and in the absence of qualified
U.S. citizens can a non-citizen be hired. HRMD and the Office of International
and Academic Affairs (OIAA) must clear all correspondence with non-citizens
about possible employment prior to mailing. When employment of a non-citizen
is contemplated, information can be obtained from the following offices:
a. OIAA should be contacted regarding matters relating to visa requirements
or immigration and naturalization regulations. OIAA is responsible for
all administrative procedures pertaining to the Immigration and Naturalization
Service (INS) and for ascertaining that the prospective appointee has the
appropriate status with INS.
b. The Department of Commerce Office of Security at NIST should be contacted
for information on issues relating to security clearances or regulations
regarding non-citizen employment.
c. HRMD should be contacted for matters relating to the recruitment,
hiring, and employment of non-citizens. HRMD is primarily concerned with
the appointment of non-citizens from the standpoint of the non-citizen's
country of origin and the availability of any qualified U.S. citizens.
The requirements and procedures outlined below pertain only to the recruitment,
hiring, and employment of non-citizens. The process for hiring a non-citizen
can take a minimum of sixteen to eighteen months.
d. Procedures for employment of non-citizens are as follows:
(1) The division prepares and sends to HRMD the following:
-- Standard Form (SF) 52, Request for Personnel Action;
-- Form CD-516, Classification and Performance Management Record;
-- Position Description;
--Optional Form (OF) 612, Optional Application for Federal Employment,
or Resume;
--Optional Form (OF) 306, Declaration for Federal Employment;
--Draft of the paid advertisement; and
--Complete information needed for the Vacancy Announcement.
(2) A vacancy announcement must be posted for at least 30 days, and
paid advertisements must appear in a minimum of two broad circulations
such as local newspapers, professional journals, professional society circulars,
or bulletins, etc. The division also contacts subject-matter experts in
industry, academia, etc. (via letters, fax, e-mail), to request referral
of any known, qualified, interested U.S. citizens. Copies of any such correspondence
should be forwarded to HRMD for inclusion in the case file.
(3) Non-citizens may apply to the vacancy announcement but can only
be considered for employment if there are no qualified, interested U.S.
citizens who apply.
(4) The division must provide a justification memorandum, regarding
the proposed employment of the non-citizen, to OIAA through the OU. This
memorandum explains the fact that a vacancy announcement was issued and
advertisements were placed but there were no qualified, interested U.S.
citizens who applied. The memorandum must also explain benefits to NIST
if the non-citizen is hired. This memorandum needs to be approved by OIAA
before moving forward with the remainder of the hiring process. OIAA will
send a copy of the approved memorandum to HRMD.
(5) After OIAA approves the justification memorandum, HRMD submits the
non-citizen's name to OPM for certification using Standard Form (SF) 59,
Request for Approval of Non-Competitive Action. Supporting documentation
as well as copies of applications from non-qualified U.S. citizens should
be included. OPM certification can take one to two months to process.
(6) A background investigation is required for the employment of a non-citizen.
The background investigation must be completed favorably before the non-citizen
can be appointed to the position. Forms required are:
-- SF-85P, Questionnaire for Public Trust Positions;
-- SF-87, Fingerprint Chart;
-- OF-306, Declaration for Federal Employment;
-- Job application;
-- Fair Credit Release;
-- Declaration of Intent; and
-- CD-79, Request for Security Clearance (used for the justification
of hiring the non-citizen).
Form CD-79, Request for Security Clearance, must include the type of
appointment; the position title, career path/pay plan, series, and payband/grade;
and what qualifications the non-citizen possesses to justify the appointment.
The sensitivity level of the position will be low risk, there will be no
access to national security information or restricted areas, nor will the
individual have policy-making responsibilities. The division is charged
the cost of the investigation whether or not the applicant is appointed.
The investigation process takes approximately four to six months to complete.
(7) Upon certification by OPM, if the non-citizen is in possession of
a permanent resident visa, and provided that the background investigation
is satisfactorily completed, the appropriations ban and immigration rules
are met, and the pre-appointment information has been provided (i.e., OF-306),
an offer of employment may be made. The non-citizen will be appointed to
a position in the excepted service. This appointment does not give the
employee eligibility for any other position including promotion or reassignment.
Upon certification by OPM, if the non-citizen is not in possession of
a permanent resident visa, additional approvals must be obtained from the
Department of Labor and the Immigration and Naturalization Service (INS).
OIAA maintains a supply of Form ETA-750, Application for Alien Employment
Certification, Parts A and B, and sends two copies to the administrative
officer. Form ETA-750 must be completed in duplicate and submitted to HRMD
for further completion and review. HRMD, in turn, submits the necessary
paperwork to the Department of Labor. After labor certification is approved,
HRMD sends the original certification with all attachments to OIAA. This
approval can take several months.
(8) OIAA processes Form I-140, Immigration Petition for Alien Worker,
and original labor certification with INS to ascertain the non-citizen's
eligibility to make application for permanent resident status. There is
no time limit for submitting Form I-140 to INS after labor certification
is approved. The INS certification of Form I-140 can take up to four months.
(9) After INS certifies the eligibility of the non-citizen to apply
for permanent resident status and if a visa is available (non-citizen's
priority date has been reached), the non-citizen files Form I-485, Application
to Register Permanent Residence or Adjust Status, with INS. At the same
time, the non-citizen may request employment authorization from INS on
Form I-765, Application for Employment Authorization. After INS approves
employment authorization, an offer of employment may be made. INS approval
of permanent resident status can take six months or longer.
(10) When appointed, a non-citizen will be given a permanent (i.e.,
indefinite) excepted service appointment if they have declared their intent
to become a U.S. citizen and they have presented proof of filing. If the
non-citizen has not declared their intent to become a U.S. citizen, a temporary
excepted appointment will be made not-to-exceed one year (or the non-citizen's
INS employment authorization expiration date, whichever comes first).
(11) If a non-citizen employee is being converted from a temporary excepted
service appointment to an indefinite excepted service appointment (after
declaring their intent to become a U.S. citizen), the division must prepare
a memorandum to request the conversion. It should be signed by the NIST
Director and addressed to the Chief Financial Officer and Assistant Secretary
for Administration through the Under Secretary for Technology and the Director,
Office of Security, Department of Commerce. At the bottom of the memorandum,
there should be two lines for concurrence (for the Director, Office of
International and Academic Affairs, and for the Department of Commerce
Office of Security at NIST) and an approval line for the Chief Financial
Officer and Assistant Secretary for Administration. This same memorandum
must be prepared to request an extension of a temporary excepted service
appointment. When the non-citizen becomes a U.S. citizen, they are then
eligible to compete for a permanent appointment in the competitive service.
10.02.11
STUDENT PROGRAMS
a. The Student Educational Employment Program consists of two
major programs. Each is described in the following paragraphs. To be eligible
to participate in either of these components, students must meet the following
criteria: (1) they must be enrolled (or accepted for enrollment) as a degree-seeking
student (or seeking a diploma or certificate) in an accredited high school,
technical or vocational school, two-year or four-year college or university,
or graduate or professional school; and (2) they must be taking at least
a half-time course load (as defined by the school in which the student
is enrolled).
(1) Student Career Experience Program (SCEP) - Students receive
excepted service appointments, without time limitation while in this program.
Also known as the co-op program, SCEP provides students an opportunity
to work in an occupation directly related to their educational and career
goals. A written agreement between the school, student, and NIST is required.
This agreement must include the nature of the work assignment and the work-study
schedule. While in the program, students must work a total of at least
640 hours. Upon completion of the 640 hours and the degree requirements,
students may be eligible for non-competitive conversion to a temporary,
term, career-conditional, or career appointment.
(2) Student Temporary Experience Program (STEP) - Students receive
excepted service appointments with a time limitation while in this program.
It provides maximum flexibility to both students and managers. The duties
of the position do not have to be related to the student's academic or
career goals. Students typically work full-time schedules during the summer
and other school vacation periods. Local students may also elect to work
part-time while attending school. There are no conversion privileges under
this program.
b. The Student Volunteer Program provides students an opportunity
to gain exposure to various occupations. They must be enrolled in a high
school, technical or vocational schools, two-year or four-year college
or university, or graduate or professional school. Some students receive
educational credit for their volunteer service. A formal agreement between
the educational institution and NIST must be completed prior to effecting
a student volunteer appointment. Volunteer service cannot be used to displace
any employee or to staff a position that is a normal part of the agency's
workforce.
c. The Human Resources Management Division at Gaithersburg maintains
an Applicant Supply File for student applications. Applications currently
on file can be obtained by visiting the web site,
micf.nist.gov/hrmd,
or by contacting the Student Program Coordinators in HRMD.