Department of Defense Science and Technology Reinvention Laboratory (STRL) Personnel Management Demonstration Project Program, 43722-43727 [2014-17657]
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Federal Register / Vol. 79, No. 144 / Monday, July 28, 2014 / Notices
and swap data reporting pursuant to
parts 45 and 46 of the Commission’s
regulations.
a. This designation is conditioned on
DTCC–SWIFT’s continuing compliance,
for as long as it is authorized to provide
LEIs by this order or any future order of
the Commission, with all of the legal
entity identifier requirements of part 45
of the Commission’s regulations, and
any related requirements as set forth in
this order or in the requirements
document provided to DTCC–SWIFT
during the determination and
designation process; including, without
limitation, the requirement to be subject
to supervision by a governance structure
that includes the Commission and other
financial regulators in any jurisdiction
requiring use of legal entity identifiers
pursuant to applicable law, for the
purpose of ensuring that issuance and
maintenance of LEIs and of associated
reference data adheres on an ongoing
basis to the Commission’s requirements
set forth in part 45.
b. This designation is further
conditioned on the requirement that,
subject to applicable confidentiality
laws and other applicable law, (1)
DTCC–SWIFT shall make public all LEIs
and associated reference data, utility
operations, and identity validation
processes, and (2) if DTCC–SWIFT fails
to satisfy the conditions of this
designation, or upon any termination of
this designation pursuant to Section
2(c)(2) below, DTCC–SWIFT shall, as
instructed by the Commission, pass to a
successor LEI utility specified by the
Commission, or to the global LEI
system, free of charge, all LEIs issued by
DTCC–SWIFT and associated reference
data and all LEI intellectual property
rights.
c. This designation is made for a
limited term of one year from the date
of this Amended and Restated Order,
and may be terminated by the
Commission on three months’ notice in
connection with (1) the establishment of
the global LEI system, or (2) DTCC–
SWIFT’s exit from the global LEI
system.
2. To comply with the legal entity
identifier requirements of parts 45 and
46 of the Commission’s regulations:
a. Registered entities and swap
counterparties subject to the
Commission’s jurisdiction may use LEIs
provided by DTCC–SWIFT, or any other
pre-Local Operating Unit (‘‘pre-LOU’’)
approved by the Regulatory Oversight
Committee of the global LEI system
(‘‘ROC’’) as globally acceptable and as
issuing globally acceptable LEIs. The list
of pre-LOUs that are currently approved
by the ROC as globally acceptable and
as issuing globally acceptable LEIs,
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including the Web site address via
which registered entities and swap
counterparties may contact each such
pre-LOU, is available at https://
www.leiroc.org/publications/gls/lou_
20131003_2.pdf.
b. As provided in section 45.6(b)(1) of
the Commission’s regulations, registered
entities and swap counterparties subject
to the Commission’s jurisdiction shall
be identified in all swap recordkeeping
and swap data reporting by a single LEI.
Issued in Washington, DC, on July 22,
2014, by the Commission.
Christopher J. Kirkpatrick,
Acting Secretary of the Commission.
Appendix to Amended and Restated
Order Designating the Provider of Legal
Entity Identifiers To Be Used in
Recordkeeping and Swap Data
Reporting Pursuant to the
Commission’s Regulations—
Commission Voting Summary
On this matter, Chairman Massad and
Commissioners Wetjen, Bowen, and
Giancarlo voted in the affirmative. No
Commissioner voted in the negative.
Commissioner O’Malia did not participate in
this matter.
[FR Doc. 2014–17643 Filed 7–25–14; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Department of Defense Science and
Technology Reinvention Laboratory
(STRL) Personnel Management
Demonstration Project Program
Deputy Assistant Secretary of
Defense for Civilian Personnel Policy,
(DASD (CPP)), Department of Defense
(DoD).
ACTION: This notice amends existing
STRL Personnel Management
Demonstration Project Programs.
AGENCY:
STRLs will implement Senior
Scientific Technical Manager (SSTM)
positions, which are defined as senior
professional scientific and technical
positions classified above the GS–15
level of the General Schedule (GS). The
primary functions of these positions
shall be (1) to engage in research and
development in the physical, biological,
medical, or engineering sciences, or
another field closely related to the
mission of such STRL; and (2) to carry
out technical supervisory
responsibilities. These positions may
only be established at authorized STRLs
with personnel demonstration projects.
STRLs will also implement two new
direct-hire authorities to appoint
SUMMARY:
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bachelor’s degree candidates into
scientific and engineering positions and
veteran candidates into scientific,
technical, engineering, and mathematics
positions. The current direct-hire
authority to appoint candidates with an
advanced degree into scientific and
engineering positions is also being
included in this notice so that all STRL
direct-hire authorities are documented
in one location.
This notice may be implemented
beginning on the date of publication in
the Federal Register.
DATES:
FOR FURTHER INFORMATION CONTACT:
Department of the Army
• ARL: Mr. Tom Bock, Program
Manager, ARL Personnel Demonstration
Project, AMSRD–ARL–O–HR, 2800
Powder Mill Road, Adelphi MD 20783–
1197;
• AMRDEC: Mr. Chad Marshall,
Demonstration Project Manager,
AMRDEC, 5400 Fowler Road, Redstone
Arsenal, AL 35898–5000;
• CERDEC: Ms. Desiree Roe, CERDEC
Personnel Demonstration Project
Administrator, Myer Center, Building
2700, Room 2C204, ATTN: AMSRD–
CER–HRO, Fort Monmouth, NJ 07703–
5209;
• ECBC: Ms. Patricia Milwicz,
Management and Program Analyst,
ECBC, Directorate of Program
Integration, Workforce Management
Office, Department of the Army, ATTN:
RDCB–DPC–W, 5183 Blackhawk Road,
Building 3330, Aberdeen Proving
Ground, MD 21010–5424;
• ERDC: Ms. Patricia Sullivan,
Personnel Demonstration Project
Manager, U.S. Army ERDC, 3909 Halls
Ferry Road, Vicksburg, MS 39180–6199;
• MRMC: Ms. Linda Krout, Personnel
Demonstration Project Manager, 505
Scott St., Fort Detrick, MD 21702–5000;
• NSRDEC: Ms. Joelle Montecalvo,
Demonstration Project Manager,
NSRDEC, Kansas Street, (AMSRD–NSR–
BO–W), Natick, MA 01760;
• TARDEC: Ms. Jennifer Davis,
TARDEC, ATTN: RDTA–CS/MS 204,
Warren, MI 48397–5000; and
• ARDEC: Mr. Mike Nicotra, U.S.
Army ARDEC, Human Capital
Management Office, Building 1, 3rd
Floor, RDAR–EIH, Picatinny Arsenal, NJ
07806–5000.
Department of the Air Force:
• AFRL: Ms. Michelle Williams,
Personnel Demonstration Project
Manager, AFRL, 1864 4th Street,
Wright-Patterson Air Force Base, OH
45433–5209.
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Department of the Navy
• ONR: Ms. Margaret J. Mitchell,
Director, Civilian Human Resources,
ONR, 875 North Randolph Street, Code
BD, Arlington, VA 22203;
• NRL: Ms. Cathy Downing, Director,
Strategic Workforce Planning, NRL,
4555 Overlook Avenue SW.,
Washington, DC 20375–5320;
• NAVSEA Warfare Centers: Ms.
Diane Brown, NAVSEA Warfare Centers
Personnel Demonstration Project
Manager, Naval Surface Warfare Center
Carderock Division, 5001 South Broad
Street, Philadelphia, PA 19112–5083;
• NAVAIR, Weapons Division and
Aircraft Division: Mr. Dustin Kirby,
Naval Air Warfare Center, Weapons
Division (NAWCWD), Code 730000D, 1
Administration Circle, Building 00464,
China Lake, CA 93555–6100; and
• Space and Naval Warfare Systems
Command, Space and Naval Warfare
Systems Center (SSC)
Æ SSC Atlantic: Ms. Lindsay
Blackwell, SSC Atlantic STRL Project
Lead, SSC Atlantic, P.O. Box 190022,
North Charleston, SC 29419–9022; and
Æ SSC Pacific: Ms. Angela Hanson,
SSC Pacific STRL Project Lead, SSC
Pacific, 53560 Hull Street, San Diego,
CA 92152–5001.
DoD
• Ms. Susie Collins, Defense Civilian
Personnel Advisory Service, NonTraditional Personnel Programs
(DCPAS–NTPP), 4800 Mark Center
Drive, Alexandria, VA 22350–1100.
SUPPLEMENTARY INFORMATION:
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1. Background
Section 342(b) of the National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 1995, Public Law (Pub. L.)
103–337, as amended by section 1109 of
the NDAA for FY 2000, Public Law 106–
65, and section 1114 of the NDAA for
FY 2001, Public Law 106–398,
authorizes the Secretary of Defense to
conduct personnel demonstration
projects at DoD laboratories designated
as STRLs. All STRLs authorized by
section 1105 of the NDAA for FY 2010,
Public Law 111–84, as well as any
newly designated STRLs authorized by
SECDEF or future legislation may utilize
the provisions described in this Federal
Register Notice (FRN). STRLs
implementing this flexibility must have
an approved personnel management
demonstration project plan published in
a FRN and shall fulfill any collective
bargaining obligations. Each STRL shall
establish internal operating instructions
as appropriate. The fifteen current
STRLs are:
• Army Research Laboratory (ARL)
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• Aviation and Missile Research,
Development, and Engineering Center
(AMRDEC)
• Communications-Electronics
Research, Development, and
Engineering Center (CERDEC)
• Edgewood Chemical Biological Center
(ECBC)
• Engineer Research and Development
Center (ERDC)
• Medical Research and Materiel
Command (MRMC)
• Natick Soldier Research, Development
and Engineering Center (NSRDEC)
• Tank Automotive Research,
Development and Engineering Center
(TARDEC)
• Armament Research, Development
and Engineering Center (ARDEC)
• Air Force Research Laboratory (AFRL)
• Office of Naval Research (ONR)
• Naval Research Laboratory (NRL)
• Naval Sea Systems Command
(NAVSEA) Warfare Centers
• Naval Air Systems Command
(NAVAIR) Warfare Centers, Weapons
Division and Aircraft Division
• Space and Naval Warfare Systems
Command, Space and Naval Warfare
Systems Center (SSC), Atlantic and
Pacific
The Above GS–15 Position concept
was first implemented in September
1997 with the publication of the
demonstration project plan for the U.S.
Army Aviation Research, Development
and Engineering Center (AVRDEC) and
the U.S. Army Missile Research and
Development Engineering Center
(MRDEC) (now the AMRDEC). A
subsequent phased implementation took
place as the remaining STRL
demonstration projects were approved.
Forty billets were authorized by the
Office of Personnel Management (OPM)
to be delegated DoD-wide to STRLs for
SSTM positions with duties and
qualifications that exceeded the GS–15
classification criteria. These allocations
are managed separately from the Senior
Executive Service (SES), Scientific and
Professional Positions (STs), and SeniorLevel (SL) positions.
Section 1105 of the NDAA for FY
2010 designated additional STRLs into
the personnel management
demonstration projects and these STRLs
published FRNs (Appendix B) that
created pay bands above the GS–15
level in anticipation of a DoD initiative
that would authorize such pay bands.
The pay bands identified meet the
criteria for establishment of the SSTM
positions authorized by this FRN.
Section 1108 of the NDAA for FY
2009, Public Law 110–417, as amended
by section 1101 of the NDAA for FY
2011, Public Law 111–383 and section
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1103 of the NDAA for FY 2012, Public
Law 112–81, authorized a direct-hire
authority for candidates with an
advanced degree to be appointed to
scientific and engineering positions.
This authority has provided the STRLs
the ability to compete with private
industry and academia resulting in
expeditious appointments of highquality advanced-degree candidates.
2. Overview
I. Introduction
A. Purpose
Section 1107(f) of NDAA for FY 2014
establishes in each STRL a category of
positions entitled Senior Scientific
Technical Managers (SSTM). The
purpose of the SSTM category is to
appropriately classify positions that
surpass the GS–15 classification criteria.
These positions would not be
appropriately classified as STs because
of the significant degree of technical
supervisory and/or managerial
authorities inherent in the positions.
The SL classification designation would
not be appropriate because it does not
cover positions that involve
fundamental research and development
responsibilities. Similarly, the SES
classification designation would also
not be appropriate because it does not
require the specialized scientific or
engineering expertise required in the
SSTM positions. The SSTMs also do not
demonstrate the level of managerial
authority and impact required of an SES
position. The SSTMs establish a
separate pay band level or career track.
This notice implements the SSTM
category.
Section 1107(a) of NDAA for FY 2014
establishes two new direct-hire
authorities. In addition, Section 1108 of
the NDAA for FY 2009, Public Law 110–
417, as amended, established a directhire authority for qualified candidates
with an advanced degree. The purpose
of the direct-hire authorities is to
provide a streamlined and accelerated
hiring process to allow the STRLs to
successfully compete with private
industry and academia for high-quality
scientific, engineering, and technician
talent for both GS and Demonstration
Project positions.
B. Required Waivers to Law and
Regulation
Several laws, rules, and regulations
will require waivers to implement the
SSTM. Appendix A lists these laws and
regulations. Section 1108 of the NDAA
for FY 2009, as amended and Section
1107(a) of NDAA for FY 2014 waived
subchapter I of 5 United States Code
(U.S.C.) chapter 33 (other than sections
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3303 and 3328) when using the directhire authorities.
C. Expected Benefits
(1) The SSTM authority is expected
to:
(a) Properly classify and compensate
senior professional individuals who are
engaged in or managing research and
development in the physical, biological,
medical or engineering sciences or other
closely related field and who provide
technical supervision over such
programs.
(b) Provide the opportunity for career
development and expansion of a pool of
experienced, prominent technical
candidates meeting the levels of
proficiency and leadership essential to
create and maintain DoD state-of-the-art
scientific, engineering, and
technological operations; and
(c) Provide laboratories a sufficient
number of properly classified Above
GS–15 Positions to meet mission needs.
(2) The direct-hire authorities are
expected to be very effective in
streamlining and accelerating the hiring
process for high-quality scientific,
engineering, and technician positions,
enhancing the STRL’s ability to compete
with private industry and academia for
the high-quality candidates.
D. Participating Organizations and
Employees
All DoD laboratories designated as
STRLs under section 1105 of the NDAA
for FY 2010 (including any newly
designated STRLs authorized by
SECDEF or by future legislation) with
approved personnel management
demonstration project plans published
in Federal Registers may utilize the
provisions described in this FRN.
II. Personnel System Changes
All current STRL demonstration
project plans are hereby amended to add
the following:
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A. Description and Implementation of
SSTM Positions
1. Authorized Positions
The number of authorized positions
in each STRL, not including the 40
positions authorized by OPM, shall not
exceed 1 percent of the number of
scientists and engineers employed at
such laboratory as of the close of the last
fiscal year before the fiscal year in
which any appointments subject to that
numerical limitation are made. If the 1
percent of authorized positions does not
equate to a whole number, the STRL
shall round down to the next lower
number. Though the authorized number
of SSTM positions may increase or
decrease as the overall DoD science and
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engineering workforce increases or
decreases, no SSTM employee will have
his/her classification as a SSTM
changed or his/her pay reduced,
because the size of the STRL’s science
and engineering workforce has
decreased. In such circumstances, an
STRL may temporarily exceed its new
authorized number until attrition
occurs.
2. Position Classification
(a) Position Requirements
At a minimum, the paramount
requirement for all SSTM positions is
knowledge of and expertise in the
specific scientific and/or technology
areas related to the mission of the
employing STRL and its Component.
Position incumbents must perform the
following:
• Furnish highly advanced and/or
unprecedented scientific and/or
technical guidance and
recommendations to top-level
administrative and technical
management officials within the STRL,
Component, DoD, other Government
agencies, and outside organizations
such as academia; and
• Primarily perform and/or manage
research and development in the
physical, biological, medical, or
engineering sciences, or another field
closely related to the mission of the
STRL; and
• Carry out technical supervisory
responsibilities involving technical
planning and oversight of work
accomplished through Federal civil
service employees, assigned military
members, non-Federal workers, and/or
others, to include Intergovernmental
Personnel Act (IPA) assignments,
contractors, volunteers, etc.
Incumbents typically report to an SES
or SES equivalent-level position. While
all SSTM positions have technical
supervisory responsibilities, they do not
all meet the intent of the supervisory
criteria specified in the OPM General
Schedule Supervisory Guide (GSSG) or
other applicable supervisory
classification guidance as defined by a
STRL’s FRN. However, depending on
the STRL missions, programs, and/or
structure, some SSTM positions may
have as a paramount responsibility
accomplishing work through both the
technical and administrative direction
to others. These positions meet at least
the minimum requirements for coverage
under the GSSG and may be eligible for
a supervisory pay differential in
accordance with paragraph 8 of this
FRN.
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(b) Pay Bands/Career Track
This FRN authorizes STRLs to
establish a separate pay band/career
track level(s) or to modify existing pay
band/career track level(s) to
accommodate the SSTM category.
Levels can be established to cover either
supervisory or nonsupervisory
positions, or both, as described in
paragraph 2(a) above. Specific details
regarding SSTM pay band/career track
levels will be included in the STRLs
internal operating instructions.
3. Designated Classification Officials for
SSTM Positions
Laboratory directors, or their
designees, are designated as the
classification officials for SSTM
positions. Specific details regarding
each STRL’s classification process,
control and management of these
positions will be included in the STRL’s
internal operating procedures.
4. Staffing and Recruitment
Positions may be filled: (a) On a
temporary, term, or permanent basis
utilizing appropriate internal and/or
external competitive recruitment
procedures; (b) through accretion-ofduties promotions; or (c) using a direct
hire authority. Positions may also be
filled temporarily using noncompetitive procedures (e.g., detail and
temporary promotions). Laboratory
directors have the discretion to select
the recruitment and staffing method
most appropriate based on the
specialized position requirements and
available candidate pool. However, the
recruitment and staffing methodology
must include: (a) An internal process
which incorporates an impartial,
rigorous, and demanding assessment of
candidates to evaluate the breadth of
their technical expertise; (b) an external
recruitment process; (c) creation of
panels to assist in filling positions; or
(d) other comparable recruitment and/or
staffing mechanisms.
5. Basic Pay Range
The minimum basic pay for SSTM
positions is 120 percent of the minimum
rate of basic pay for GS–15. Maximum
SSTM basic pay with locality pay is
limited to Executive Level III (EX–III),
and maximum salary without locality
pay may not exceed EX–IV.
6. Performance Management
Each STRL will determine the
appropriate performance/contribution
management system, non-SES/SL/ST or
SES/SL/ST program, to be used to
evaluate an SSTM employee’s
performance/contribution. The selected
method will be documented in the
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STRL’s Demonstration Program internal
operating procedures.
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7. Pay Retention
Pay retention may be provided to
SSTM members under criteria
established by each STRL who are
impacted by a reduction in force, work
realignment, or other planned
management action that would
necessitate moving the incumbent to a
position in a lower pay band within the
STRL. Pay retention may also be
provided under criteria established by
each STRL when an SES or ST
employee is placed in a SSTM position
as a result of reduction in force or other
management action. Grade retention is
not authorized for members of the
SSTM.
8. SSTM Supervisory Pay Differential
A supervisory pay differential may be
used by laboratory directors to provide
an incentive to appropriately
compensate SSTM personnel. This pay
differential is a pay incentive that may
range up to 5 percent of base pay
(excludes locality pay) for SSTM
personnel. It is paid on a pay period
basis with a specified not-to-exceed date
up to 1 year and may be renewed as
appropriate. This pay differential is not
included as part of base pay for any
purpose. Criteria to be considered in
determining the amount of the pay
differential are: (a) Needs of the
organization; (b) budgetary constraints;
(c) years and quality of related
experience; (d) relevant training; (e)
performance appraisals; (f) experience
as a supervisor/manager; (g)
organizational level of position; and (h)
impact on the organization. The pay
differential may be terminated or
reduced at the discretion of the
laboratory director based on legitimate
business reasons; however, the pay
differential must be terminated if the
employee is removed from a position for
which a pay differential is approved,
regardless of cause. Each STRL will
document in their internal operating
procedures the method used for
determining payment, reduction, or
discontinuation of the pay differential.
All personnel actions involving a
supervisory pay differential will require
a statement signed by the employee
acknowledging that the pay differential
may be terminated or reduced at the
discretion of the laboratory director. The
termination or reduction of the pay
differential is not an adverse action and
is not subject to appeal. The total pay
(including locality pay) may not exceed
the midpoint between the maximum
rate of basic pay of EX–III and the
maximum rate of basic pay of EX–II, (i.e.
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$175,000; (calculation is rounded up to
the next thousand) for calendar year
2014). SSTM employees are subject to
the aggregate limitation on pay found in
5 U.S.C. 5307 and 5 Code of Federal
Regulations (CFR) subpart 530.203.
9. SSTM Program Oversight
The program shall be managed and
administered by the laboratory director
in compliance with the provisions of
this FRN and internal operating
procedures developed by each STRL.
The number of SSTM positions
established pursuant to section 1107(f)
shall not exceed 1 percent of the
number of scientists and engineers
employed at such laboratory as of the
close of the last fiscal year before the
fiscal year in which any appointments
subject to that numerical limitation are
made, and will be reviewed annually by
each STRL’s Laboratory Director, or his/
her designee, to determine the
appropriate number of positions
authorized as a result of increases or
decreases in the STRL’s scientific and
engineering workforce. This
authorization may be amended by future
legislation.
New appointments under this
authority may not be made after
December 31, 2019 unless Section
1107(f) of NDAA for FY 2014 is
amended. Candidates appointed prior to
January 1, 2020, may remain in the
position as appropriate.
10. Evaluation
Procedures for evaluating this
authority will be incorporated into the
normal STRL demonstration project
evaluation process conducted by the
STRLs, DASD(CPP), Director of
Laboratories, or Component
Headquarters, as appropriate.
11. Reports
STRLs will provide information and
data on the use of this authority
including numerical limitations, hires
made, declinations, difficulties
encountered, and/or recognized
efficiencies, when requested by the
Military Department or the DASD(CPP).
B. Direct-Hire
1. Authorities
STRLs will use the direct-hire
authorities authorized by section 1108,
NDAA for FY 2009 and section 1107,
NDAA for FY 2014, as appropriate, to
appoint the following:
(a) Candidates with advanced degrees
to scientific and engineering positions;
(b) Candidates with bachelor’s degrees
to scientific and engineering positions;
and
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(c) Veteran candidates to scientific,
technical, engineering, and mathematics
positions, including technicians.
New appointments under (b) and (c)
above may not be made after December
31, 2019, unless these authorities are
amended by future legislation.
2. Definitions
(a) Scientific and engineering
positions are defined as all professional
positions, both within the personnel
demonstration project and those that are
outside the personnel demonstration
project as defined in the applicable FRN
in scientific and engineering
occupations with a positive education
requirement.
(b) An advanced degree is a Master’s
or higher degree from an accredited
college or university in a field of
scientific or engineering study directly
related to the duties of the position to
be filled.
(c) Scientific, engineering, technical,
mathematic, and technician positions
are those demo positions described in
the STRL FRN (Appendix B) or Internal
Operating Procedures in the Scientist
and Engineer and/or Technician/
Technical Career Paths or positions
outside the personnel demonstration
project as defined in the applicable FRN
utilized by the STRLs, that directly
support the science and engineering
activities. The non-demo positions will
be identified in internal operating
procedures.
(d) Qualified candidates are defined
as candidates who:
(1) Meet the minimum qualification
standards for the position as published
in OPM’s operating manual,
‘‘Qualification Standards for General
Schedule Positions,’’ or the STRL’s
demonstration project qualification
standards specific to the position to be
filled; and
(2) Meet any selective factors.
(e) ‘‘Employee’’ is defined by 5 U.S.C.
2105.
(f) ‘‘Veteran’’ is defined by 38 U.S.C.
101.
3. Provisions
(a) Use of this appointment authority
must comply with merit system
principles.
(b) Appointments may be made on a
permanent, term, or temporary basis.
(c) Qualified bachelor’s and advanced
degree candidates for scientific and
engineering positions may be appointed
without regard to the provisions of
subchapter 1 of 5 U.S.C. chapter 33
(other than sections 3303 and 3328),
including 5 CFR parts 300–330 other
than Subpart G of 5 CFR part 300.
(d) Qualified veteran candidates for
scientific, technical, engineering, and
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mathematics positions, including
technicians, may be appointed without
regard to the provisions of subchapter 1
of 5 U.S.C. chapter 33, including 5 CFR
parts 300–330 other than Subpart G of
5 CFR part 300.
(e) When documenting personnel
actions, cite the first legal authority
code (LAC)/legal authority for all
permanent, term, temporary, or special
demonstration project appointments as
Z2U/P.L. 103–337. The second LAC/
legal authority will be cited as follows:
(1) For appointments of advanced
degree candidates to scientific and
engineering positions: Z5C/Direct Hire
Auth (STRL-Advanced Degree), Sec
1108, PL 110–417, 10/14/2008;
(2) For appointments of bachelor’s
degree candidates to scientific and
engineering positions: Z5C/Direct Hire
Auth (STRL-Bachelor), Sec 1107(a)(1),
PL 113–66, 12/26/2013; and
(3) For appointments of veteran
candidates to scientific, technical,
engineering, and mathematics positions,
including technicians: Z5C/Direct Hire
Auth (STRL-Veterans), Sec 1107(a)(2),
PL 113–66, 12/26/2013.
4. Authorized Positions
(a) Advanced degree for scientific and
engineering positions. The number of
appointments made in a calendar year
may not exceed 5 percent of the total
number of demo and non-demo
scientific and engineering positions, to
include SES, ST, above GS–15, military
and students in the S&E x99 series,
within the STRL that are filled as of the
close of the fiscal year ending before the
start of such calendar year.
(b) Bachelor’s degree for scientific and
engineering positions. The number of
appointments made in a calendar year
may not exceed 3 percent of the total
number of demo and non-demo
scientific and engineering positions, to
include SES, ST, above GS–15, military
and students in the S&E x99 series,
within the STRL that are filled as of the
close of the fiscal year ending before the
start of such calendar year.
(c) Veteran authority for scientific,
technical, engineering, mathematics and
technician positions. The number of
appointments made in a calendar year
may not exceed 1 percent of the total
number of demo and non-demo
Title 5, United States Code
scientific, technical, engineering,
mathematics, and technician positions,
to include SES, ST, above GS–15,
military, and students in the S&E x99
series, within the STRL that are filled as
of the close of the fiscal year ending
before the start of such calendar year.
(d) When determining the number of
appointments authorized, if the
percentage of authorized positions does
not equate to a whole number, the STRL
shall round down to the next lower
number.
(e) These authorizations may be
amended by future legislation.
5. Evaluation
STRLs will provide information and
data on the use of these direct-hire
appointment authorities including
numerical limitations, hires made,
declinations, veterans hired, difficulties
encountered, and/or recognized
efficiencies, when requested by the
Military Department or the DASD(CPP).
Appendix A
United States Code and Code of Federal
Regulations Waived Science and Technology
Reinvention Laboratories
Title 5, Code of Federal Regulations
5 U.S.C. § 3104—Employment of Specially Qualified Scientific and Professional Personnel. Waive to allow scientific, engineering and technology positions authorized under Section 1107(f) of 2014 NDAA.
5 U.S.C. § 3324—Appointments to Positions Classified Above GS–15;
and 5 U.S.C. § 3325—Appointments to Scientific and Professional
Positions. Waived in entirety.
5 U.S.C. § 5301—Policy; 5 U.S.C. § 5302(8) and (9)—Definitions; 5
U.S.C. § 5303—Annual Adjustments to Pay Schedules; 5 U.S.C.
§ 5304—Locality-based Comparability Payments; and 5 U.S.C.
§ 5306—Pay Fixed by Administrative Action. Waived to the extent
necessary to allow SSTM employees to be treated as GS employees
and basic rates of pay under the demonstration project to be treated
as scheduled rates of basic pay and to permit SSTM pay not to exceed EX–IV and locality adjusted SSTM rates not to exceed EX III.
5 U.S.C. § 5363 to the extent necessary to allow SSTMs to receive pay
retention as described in this Federal Register Notice.
5 U.S.C. § 5755 to the extent necessary to allow SSTMs to receive supervisory pay differentials as described in this Federal Register Notice.
5 CFR 359.705 to allow demonstration project rules governing pay retention to apply to a former SES placed on an SSTM position.
5 CFR 300–330, other than Subpart G of 300 waived to the extent
necessary to allow provisions of the direct hire authorities as described in this Federal Register notice.
5 CFR 531, subpart F—Locality-based Comparability Payments.
Waived to the extent necessary to allow SSTM employees to be
treated as GS employees and basic rates of pay under the SSTM to
be treated as scheduled annual rates of pay.
5 CFR 536.306(a) to the extent necessary to allow SSTMs to receive
pay retention as described in this Federal Register Notice.
5 CFR 575, Subpart D, to the extent necessary to allow SSTMs to receive supervisory pay differentials as described in this Federal Register Notice.
Appendix B
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STRLs Federal Register Notice of Approval
of a Demonstration Project Plan
Part 1: STRLs Authorized by Director of
Defense Research and Engineering, Memo 30
Aug 1994 and Section 342 of FY 1995 NDAA,
Public Law 103–337
STRL
Federal Register notice
Air Force Research Laboratory ................................................................
Army Research Laboratory ......................................................................
Aviation and Missile Research, Development, and Engineering Center
61 FR 60400 amended by 75 FR 53076.
63 FR 10680.
62 FR 34906 and 62 FR 34876 amended by 65 FR 53142 (AVRDEC
and AMRDEC merged together).
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Federal Register / Vol. 79, No. 144 / Monday, July 28, 2014 / Notices
STRL
Federal Register notice
Communications-Electronics Research, Development, and Engineering
Center.
Engineer Research and Development Center .........................................
Medical Research and Material Command ..............................................
Naval Research Laboratory ......................................................................
Naval Sea Systems Command Warfare Centers ....................................
66 FR 54872.
63
63
64
62
FR
FR
FR
FR
14580.
10440.
33970.
64050.
Part 2. STRLs Authorized by Section 1105 of
FY 2010 NDAA, Public Law 111–84
STRL
Federal Register notice
Armament Research, Development and Engineering Center ..................
Edgewood Chemical Biological Center ....................................................
Natick Soldier Research, Development and Engineering Center ............
Naval Air Systems Command Warfare Centers, Weapons and Aircraft
Divisions.
Office of Naval Research .........................................................................
Space and Naval Warfare Systems Command, Space and Naval Warfare Systems Center, Atlantic and Pacific.
Tank Automotive Research, Development and Engineering Center .......
Dated: July 23, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DoD–2014–OS–0114]
Privacy Act of 1974; system of records
Defense Health Agency, DoD.
Notice to alter a system of
AGENCY:
records.
The Defense Health Agency is
proposing to alter an existing system of
records, EDHA 08, entitled ‘‘Health
Affairs Survey and Study Data Base’’, in
its inventory of record systems subject
to the Privacy Act of 1974, as amended.
This system will be used to collect,
assemble, interpret, analyze, report and
publish survey and study findings and
results for the purpose of improving the
quality of DoD health care and the
health status, welfare, and well-being of
the DoD beneficiary population. Uses of
identifiable data include primary
analysis; secondary analysis; nonresponse analysis; and cross-mapping
analysis. Results will only be reported
in the aggregate.
DATES: Comments will be accepted on or
before August 27, 2014. This proposed
action will be effective the date
following the end of the comment
period unless comments are received
which result in a contrary
determination.
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SUMMARY:
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FR
FR
FR
FR
3744.
68936.
68448.
8530.
75 FR 77380.
76 FR 1924.
76 FR 12508.
You may submit comments,
identified by docket number and title,
by any of the following methods:
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 4800 Mark Center Drive,
East Tower, 2nd Floor, Suite 02G09,
Alexandria, VA 22350–3100.
Instructions: All submissions received
must include the agency name and
docket number for this Federal Register
document. The general policy for
comments and other submissions from
members of the public is to make these
submissions available for public
viewing on the Internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
ADDRESSES:
[FR Doc. 2014–17657 Filed 7–25–14; 8:45 am]
ACTION:
76
74
74
76
Ms.
Linda S. Thomas, Chief, Defense Health
Agency Privacy and Civil Liberties
Office, Defense Health Agency, 7700
Arlington Boulevard, Suite 5101, Falls
Church, VA 22042–5101, or by phone at
(703) 681–7500.
SUPPLEMENTARY INFORMATION: The
Defense Health Agency notices for
systems of records subject to the Privacy
Act of 1974 (5 U.S.C. 552a), as amended,
have been published in the Federal
Register and are available from the
address in FOR FURTHER INFORMATION
CONTACT or at the Defense Privacy and
Civil Liberties Office Web site at
https://dpclo.defense.gov/.
The proposed system report, as
required by 5 U.S.C. 552a(r) of the
Privacy Act of 1974, as amended, was
submitted on July 1, 2014, to the House
FOR FURTHER INFORMATION CONTACT:
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Committee on Oversight and
Government Reform, the Senate
Committee on Governmental Affairs,
and the Office of Management and
Budget (OMB) pursuant to paragraph 4c
of Appendix I to OMB Circular No. A–
130, ‘‘Federal Agency Responsibilities
for Maintaining Records About
Individuals,’’ dated February 8, 1996
(February 20, 1996, 61 FR 6427).
Dated: July 22, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
EDHA 08
SYSTEM NAME:
Health Affairs Survey and Study Data
Base (November 18, 2013, 78 FR 69076).
CHANGES:
*
*
*
*
*
SYSTEM NAME:
Delete entry and replace with
‘‘Defense Health Agency Survey and
Study Data Base.’’
SYSTEM LOCATION:
Delete entry and replace with
‘‘Defense Health Cost Assessment and
Program Evaluation Division, Defense
Health Agency, 7700 Arlington
Boulevard, Suite 5101, Falls Church, VA
22042–5101.’’
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Delete entry and replace with
‘‘Uniformed services beneficiaries
enrolled in the Defense Eligibility
Enrollment Reporting System (DEERS)
who are eligible for medical and dental
health care; veterans and their
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Agencies
[Federal Register Volume 79, Number 144 (Monday, July 28, 2014)]
[Notices]
[Pages 43722-43727]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17657]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
Department of Defense Science and Technology Reinvention
Laboratory (STRL) Personnel Management Demonstration Project Program
AGENCY: Deputy Assistant Secretary of Defense for Civilian Personnel
Policy, (DASD (CPP)), Department of Defense (DoD).
ACTION: This notice amends existing STRL Personnel Management
Demonstration Project Programs.
-----------------------------------------------------------------------
SUMMARY: STRLs will implement Senior Scientific Technical Manager
(SSTM) positions, which are defined as senior professional scientific
and technical positions classified above the GS-15 level of the General
Schedule (GS). The primary functions of these positions shall be (1) to
engage in research and development in the physical, biological,
medical, or engineering sciences, or another field closely related to
the mission of such STRL; and (2) to carry out technical supervisory
responsibilities. These positions may only be established at authorized
STRLs with personnel demonstration projects.
STRLs will also implement two new direct-hire authorities to
appoint bachelor's degree candidates into scientific and engineering
positions and veteran candidates into scientific, technical,
engineering, and mathematics positions. The current direct-hire
authority to appoint candidates with an advanced degree into scientific
and engineering positions is also being included in this notice so that
all STRL direct-hire authorities are documented in one location.
DATES: This notice may be implemented beginning on the date of
publication in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Department of the Army
ARL: Mr. Tom Bock, Program Manager, ARL Personnel
Demonstration Project, AMSRD-ARL-O-HR, 2800 Powder Mill Road, Adelphi
MD 20783-1197;
AMRDEC: Mr. Chad Marshall, Demonstration Project Manager,
AMRDEC, 5400 Fowler Road, Redstone Arsenal, AL 35898-5000;
CERDEC: Ms. Desiree Roe, CERDEC Personnel Demonstration
Project Administrator, Myer Center, Building 2700, Room 2C204, ATTN:
AMSRD-CER-HRO, Fort Monmouth, NJ 07703-5209;
ECBC: Ms. Patricia Milwicz, Management and Program
Analyst, ECBC, Directorate of Program Integration, Workforce Management
Office, Department of the Army, ATTN: RDCB-DPC-W, 5183 Blackhawk Road,
Building 3330, Aberdeen Proving Ground, MD 21010-5424;
ERDC: Ms. Patricia Sullivan, Personnel Demonstration
Project Manager, U.S. Army ERDC, 3909 Halls Ferry Road, Vicksburg, MS
39180-6199;
MRMC: Ms. Linda Krout, Personnel Demonstration Project
Manager, 505 Scott St., Fort Detrick, MD 21702-5000;
NSRDEC: Ms. Joelle Montecalvo, Demonstration Project
Manager, NSRDEC, Kansas Street, (AMSRD-NSR-BO-W), Natick, MA 01760;
TARDEC: Ms. Jennifer Davis, TARDEC, ATTN: RDTA-CS/MS 204,
Warren, MI 48397-5000; and
ARDEC: Mr. Mike Nicotra, U.S. Army ARDEC, Human Capital
Management Office, Building 1, 3rd Floor, RDAR-EIH, Picatinny Arsenal,
NJ 07806-5000.
Department of the Air Force:
AFRL: Ms. Michelle Williams, Personnel Demonstration
Project Manager, AFRL, 1864 4th Street, Wright-Patterson Air Force
Base, OH 45433-5209.
[[Page 43723]]
Department of the Navy
ONR: Ms. Margaret J. Mitchell, Director, Civilian Human
Resources, ONR, 875 North Randolph Street, Code BD, Arlington, VA
22203;
NRL: Ms. Cathy Downing, Director, Strategic Workforce
Planning, NRL, 4555 Overlook Avenue SW., Washington, DC 20375-5320;
NAVSEA Warfare Centers: Ms. Diane Brown, NAVSEA Warfare
Centers Personnel Demonstration Project Manager, Naval Surface Warfare
Center Carderock Division, 5001 South Broad Street, Philadelphia, PA
19112-5083;
NAVAIR, Weapons Division and Aircraft Division: Mr. Dustin
Kirby, Naval Air Warfare Center, Weapons Division (NAWCWD), Code
730000D, 1 Administration Circle, Building 00464, China Lake, CA 93555-
6100; and
Space and Naval Warfare Systems Command, Space and Naval
Warfare Systems Center (SSC)
[cir] SSC Atlantic: Ms. Lindsay Blackwell, SSC Atlantic STRL
Project Lead, SSC Atlantic, P.O. Box 190022, North Charleston, SC
29419-9022; and
[cir] SSC Pacific: Ms. Angela Hanson, SSC Pacific STRL Project
Lead, SSC Pacific, 53560 Hull Street, San Diego, CA 92152-5001.
DoD
Ms. Susie Collins, Defense Civilian Personnel Advisory
Service, Non-Traditional Personnel Programs (DCPAS-NTPP), 4800 Mark
Center Drive, Alexandria, VA 22350-1100.
SUPPLEMENTARY INFORMATION:
1. Background
Section 342(b) of the National Defense Authorization Act (NDAA) for
Fiscal Year (FY) 1995, Public Law (Pub. L.) 103-337, as amended by
section 1109 of the NDAA for FY 2000, Public Law 106-65, and section
1114 of the NDAA for FY 2001, Public Law 106-398, authorizes the
Secretary of Defense to conduct personnel demonstration projects at DoD
laboratories designated as STRLs. All STRLs authorized by section 1105
of the NDAA for FY 2010, Public Law 111-84, as well as any newly
designated STRLs authorized by SECDEF or future legislation may utilize
the provisions described in this Federal Register Notice (FRN). STRLs
implementing this flexibility must have an approved personnel
management demonstration project plan published in a FRN and shall
fulfill any collective bargaining obligations. Each STRL shall
establish internal operating instructions as appropriate. The fifteen
current STRLs are:
Army Research Laboratory (ARL)
Aviation and Missile Research, Development, and Engineering
Center (AMRDEC)
Communications-Electronics Research, Development, and
Engineering Center (CERDEC)
Edgewood Chemical Biological Center (ECBC)
Engineer Research and Development Center (ERDC)
Medical Research and Materiel Command (MRMC)
Natick Soldier Research, Development and Engineering Center
(NSRDEC)
Tank Automotive Research, Development and Engineering Center
(TARDEC)
Armament Research, Development and Engineering Center (ARDEC)
Air Force Research Laboratory (AFRL)
Office of Naval Research (ONR)
Naval Research Laboratory (NRL)
Naval Sea Systems Command (NAVSEA) Warfare Centers
Naval Air Systems Command (NAVAIR) Warfare Centers, Weapons
Division and Aircraft Division
Space and Naval Warfare Systems Command, Space and Naval
Warfare Systems Center (SSC), Atlantic and Pacific
The Above GS-15 Position concept was first implemented in September
1997 with the publication of the demonstration project plan for the
U.S. Army Aviation Research, Development and Engineering Center
(AVRDEC) and the U.S. Army Missile Research and Development Engineering
Center (MRDEC) (now the AMRDEC). A subsequent phased implementation
took place as the remaining STRL demonstration projects were approved.
Forty billets were authorized by the Office of Personnel Management
(OPM) to be delegated DoD-wide to STRLs for SSTM positions with duties
and qualifications that exceeded the GS-15 classification criteria.
These allocations are managed separately from the Senior Executive
Service (SES), Scientific and Professional Positions (STs), and Senior-
Level (SL) positions.
Section 1105 of the NDAA for FY 2010 designated additional STRLs
into the personnel management demonstration projects and these STRLs
published FRNs (Appendix B) that created pay bands above the GS-15
level in anticipation of a DoD initiative that would authorize such pay
bands. The pay bands identified meet the criteria for establishment of
the SSTM positions authorized by this FRN.
Section 1108 of the NDAA for FY 2009, Public Law 110-417, as
amended by section 1101 of the NDAA for FY 2011, Public Law 111-383 and
section 1103 of the NDAA for FY 2012, Public Law 112-81, authorized a
direct-hire authority for candidates with an advanced degree to be
appointed to scientific and engineering positions. This authority has
provided the STRLs the ability to compete with private industry and
academia resulting in expeditious appointments of high-quality
advanced-degree candidates.
2. Overview
I. Introduction
A. Purpose
Section 1107(f) of NDAA for FY 2014 establishes in each STRL a
category of positions entitled Senior Scientific Technical Managers
(SSTM). The purpose of the SSTM category is to appropriately classify
positions that surpass the GS-15 classification criteria. These
positions would not be appropriately classified as STs because of the
significant degree of technical supervisory and/or managerial
authorities inherent in the positions. The SL classification
designation would not be appropriate because it does not cover
positions that involve fundamental research and development
responsibilities. Similarly, the SES classification designation would
also not be appropriate because it does not require the specialized
scientific or engineering expertise required in the SSTM positions. The
SSTMs also do not demonstrate the level of managerial authority and
impact required of an SES position. The SSTMs establish a separate pay
band level or career track. This notice implements the SSTM category.
Section 1107(a) of NDAA for FY 2014 establishes two new direct-hire
authorities. In addition, Section 1108 of the NDAA for FY 2009, Public
Law 110-417, as amended, established a direct-hire authority for
qualified candidates with an advanced degree. The purpose of the
direct-hire authorities is to provide a streamlined and accelerated
hiring process to allow the STRLs to successfully compete with private
industry and academia for high-quality scientific, engineering, and
technician talent for both GS and Demonstration Project positions.
B. Required Waivers to Law and Regulation
Several laws, rules, and regulations will require waivers to
implement the SSTM. Appendix A lists these laws and regulations.
Section 1108 of the NDAA for FY 2009, as amended and Section 1107(a) of
NDAA for FY 2014 waived subchapter I of 5 United States Code (U.S.C.)
chapter 33 (other than sections
[[Page 43724]]
3303 and 3328) when using the direct-hire authorities.
C. Expected Benefits
(1) The SSTM authority is expected to:
(a) Properly classify and compensate senior professional
individuals who are engaged in or managing research and development in
the physical, biological, medical or engineering sciences or other
closely related field and who provide technical supervision over such
programs.
(b) Provide the opportunity for career development and expansion of
a pool of experienced, prominent technical candidates meeting the
levels of proficiency and leadership essential to create and maintain
DoD state-of-the-art scientific, engineering, and technological
operations; and
(c) Provide laboratories a sufficient number of properly classified
Above GS-15 Positions to meet mission needs.
(2) The direct-hire authorities are expected to be very effective
in streamlining and accelerating the hiring process for high-quality
scientific, engineering, and technician positions, enhancing the STRL's
ability to compete with private industry and academia for the high-
quality candidates.
D. Participating Organizations and Employees
All DoD laboratories designated as STRLs under section 1105 of the
NDAA for FY 2010 (including any newly designated STRLs authorized by
SECDEF or by future legislation) with approved personnel management
demonstration project plans published in Federal Registers may utilize
the provisions described in this FRN.
II. Personnel System Changes
All current STRL demonstration project plans are hereby amended to
add the following:
A. Description and Implementation of SSTM Positions
1. Authorized Positions
The number of authorized positions in each STRL, not including the
40 positions authorized by OPM, shall not exceed 1 percent of the
number of scientists and engineers employed at such laboratory as of
the close of the last fiscal year before the fiscal year in which any
appointments subject to that numerical limitation are made. If the 1
percent of authorized positions does not equate to a whole number, the
STRL shall round down to the next lower number. Though the authorized
number of SSTM positions may increase or decrease as the overall DoD
science and engineering workforce increases or decreases, no SSTM
employee will have his/her classification as a SSTM changed or his/her
pay reduced, because the size of the STRL's science and engineering
workforce has decreased. In such circumstances, an STRL may temporarily
exceed its new authorized number until attrition occurs.
2. Position Classification
(a) Position Requirements
At a minimum, the paramount requirement for all SSTM positions is
knowledge of and expertise in the specific scientific and/or technology
areas related to the mission of the employing STRL and its Component.
Position incumbents must perform the following:
Furnish highly advanced and/or unprecedented scientific
and/or technical guidance and recommendations to top-level
administrative and technical management officials within the STRL,
Component, DoD, other Government agencies, and outside organizations
such as academia; and
Primarily perform and/or manage research and development
in the physical, biological, medical, or engineering sciences, or
another field closely related to the mission of the STRL; and
Carry out technical supervisory responsibilities involving
technical planning and oversight of work accomplished through Federal
civil service employees, assigned military members, non-Federal
workers, and/or others, to include Intergovernmental Personnel Act
(IPA) assignments, contractors, volunteers, etc.
Incumbents typically report to an SES or SES equivalent-level
position. While all SSTM positions have technical supervisory
responsibilities, they do not all meet the intent of the supervisory
criteria specified in the OPM General Schedule Supervisory Guide (GSSG)
or other applicable supervisory classification guidance as defined by a
STRL's FRN. However, depending on the STRL missions, programs, and/or
structure, some SSTM positions may have as a paramount responsibility
accomplishing work through both the technical and administrative
direction to others. These positions meet at least the minimum
requirements for coverage under the GSSG and may be eligible for a
supervisory pay differential in accordance with paragraph 8 of this
FRN.
(b) Pay Bands/Career Track
This FRN authorizes STRLs to establish a separate pay band/career
track level(s) or to modify existing pay band/career track level(s) to
accommodate the SSTM category. Levels can be established to cover
either supervisory or nonsupervisory positions, or both, as described
in paragraph 2(a) above. Specific details regarding SSTM pay band/
career track levels will be included in the STRLs internal operating
instructions.
3. Designated Classification Officials for SSTM Positions
Laboratory directors, or their designees, are designated as the
classification officials for SSTM positions. Specific details regarding
each STRL's classification process, control and management of these
positions will be included in the STRL's internal operating procedures.
4. Staffing and Recruitment
Positions may be filled: (a) On a temporary, term, or permanent
basis utilizing appropriate internal and/or external competitive
recruitment procedures; (b) through accretion-of-duties promotions; or
(c) using a direct hire authority. Positions may also be filled
temporarily using non-competitive procedures (e.g., detail and
temporary promotions). Laboratory directors have the discretion to
select the recruitment and staffing method most appropriate based on
the specialized position requirements and available candidate pool.
However, the recruitment and staffing methodology must include: (a) An
internal process which incorporates an impartial, rigorous, and
demanding assessment of candidates to evaluate the breadth of their
technical expertise; (b) an external recruitment process; (c) creation
of panels to assist in filling positions; or (d) other comparable
recruitment and/or staffing mechanisms.
5. Basic Pay Range
The minimum basic pay for SSTM positions is 120 percent of the
minimum rate of basic pay for GS-15. Maximum SSTM basic pay with
locality pay is limited to Executive Level III (EX-III), and maximum
salary without locality pay may not exceed EX-IV.
6. Performance Management
Each STRL will determine the appropriate performance/contribution
management system, non-SES/SL/ST or SES/SL/ST program, to be used to
evaluate an SSTM employee's performance/contribution. The selected
method will be documented in the
[[Page 43725]]
STRL's Demonstration Program internal operating procedures.
7. Pay Retention
Pay retention may be provided to SSTM members under criteria
established by each STRL who are impacted by a reduction in force, work
realignment, or other planned management action that would necessitate
moving the incumbent to a position in a lower pay band within the STRL.
Pay retention may also be provided under criteria established by each
STRL when an SES or ST employee is placed in a SSTM position as a
result of reduction in force or other management action. Grade
retention is not authorized for members of the SSTM.
8. SSTM Supervisory Pay Differential
A supervisory pay differential may be used by laboratory directors
to provide an incentive to appropriately compensate SSTM personnel.
This pay differential is a pay incentive that may range up to 5 percent
of base pay (excludes locality pay) for SSTM personnel. It is paid on a
pay period basis with a specified not-to-exceed date up to 1 year and
may be renewed as appropriate. This pay differential is not included as
part of base pay for any purpose. Criteria to be considered in
determining the amount of the pay differential are: (a) Needs of the
organization; (b) budgetary constraints; (c) years and quality of
related experience; (d) relevant training; (e) performance appraisals;
(f) experience as a supervisor/manager; (g) organizational level of
position; and (h) impact on the organization. The pay differential may
be terminated or reduced at the discretion of the laboratory director
based on legitimate business reasons; however, the pay differential
must be terminated if the employee is removed from a position for which
a pay differential is approved, regardless of cause. Each STRL will
document in their internal operating procedures the method used for
determining payment, reduction, or discontinuation of the pay
differential. All personnel actions involving a supervisory pay
differential will require a statement signed by the employee
acknowledging that the pay differential may be terminated or reduced at
the discretion of the laboratory director. The termination or reduction
of the pay differential is not an adverse action and is not subject to
appeal. The total pay (including locality pay) may not exceed the
midpoint between the maximum rate of basic pay of EX-III and the
maximum rate of basic pay of EX-II, (i.e. $175,000; (calculation is
rounded up to the next thousand) for calendar year 2014). SSTM
employees are subject to the aggregate limitation on pay found in 5
U.S.C. 5307 and 5 Code of Federal Regulations (CFR) subpart 530.203.
9. SSTM Program Oversight
The program shall be managed and administered by the laboratory
director in compliance with the provisions of this FRN and internal
operating procedures developed by each STRL. The number of SSTM
positions established pursuant to section 1107(f) shall not exceed 1
percent of the number of scientists and engineers employed at such
laboratory as of the close of the last fiscal year before the fiscal
year in which any appointments subject to that numerical limitation are
made, and will be reviewed annually by each STRL's Laboratory Director,
or his/her designee, to determine the appropriate number of positions
authorized as a result of increases or decreases in the STRL's
scientific and engineering workforce. This authorization may be amended
by future legislation.
New appointments under this authority may not be made after
December 31, 2019 unless Section 1107(f) of NDAA for FY 2014 is
amended. Candidates appointed prior to January 1, 2020, may remain in
the position as appropriate.
10. Evaluation
Procedures for evaluating this authority will be incorporated into
the normal STRL demonstration project evaluation process conducted by
the STRLs, DASD(CPP), Director of Laboratories, or Component
Headquarters, as appropriate.
11. Reports
STRLs will provide information and data on the use of this
authority including numerical limitations, hires made, declinations,
difficulties encountered, and/or recognized efficiencies, when
requested by the Military Department or the DASD(CPP).
B. Direct-Hire
1. Authorities
STRLs will use the direct-hire authorities authorized by section
1108, NDAA for FY 2009 and section 1107, NDAA for FY 2014, as
appropriate, to appoint the following:
(a) Candidates with advanced degrees to scientific and engineering
positions;
(b) Candidates with bachelor's degrees to scientific and
engineering positions; and
(c) Veteran candidates to scientific, technical, engineering, and
mathematics positions, including technicians.
New appointments under (b) and (c) above may not be made after
December 31, 2019, unless these authorities are amended by future
legislation.
2. Definitions
(a) Scientific and engineering positions are defined as all
professional positions, both within the personnel demonstration project
and those that are outside the personnel demonstration project as
defined in the applicable FRN in scientific and engineering occupations
with a positive education requirement.
(b) An advanced degree is a Master's or higher degree from an
accredited college or university in a field of scientific or
engineering study directly related to the duties of the position to be
filled.
(c) Scientific, engineering, technical, mathematic, and technician
positions are those demo positions described in the STRL FRN (Appendix
B) or Internal Operating Procedures in the Scientist and Engineer and/
or Technician/Technical Career Paths or positions outside the personnel
demonstration project as defined in the applicable FRN utilized by the
STRLs, that directly support the science and engineering activities.
The non-demo positions will be identified in internal operating
procedures.
(d) Qualified candidates are defined as candidates who:
(1) Meet the minimum qualification standards for the position as
published in OPM's operating manual, ``Qualification Standards for
General Schedule Positions,'' or the STRL's demonstration project
qualification standards specific to the position to be filled; and
(2) Meet any selective factors.
(e) ``Employee'' is defined by 5 U.S.C. 2105.
(f) ``Veteran'' is defined by 38 U.S.C. 101.
3. Provisions
(a) Use of this appointment authority must comply with merit system
principles.
(b) Appointments may be made on a permanent, term, or temporary
basis.
(c) Qualified bachelor's and advanced degree candidates for
scientific and engineering positions may be appointed without regard to
the provisions of subchapter 1 of 5 U.S.C. chapter 33 (other than
sections 3303 and 3328), including 5 CFR parts 300-330 other than
Subpart G of 5 CFR part 300.
(d) Qualified veteran candidates for scientific, technical,
engineering, and
[[Page 43726]]
mathematics positions, including technicians, may be appointed without
regard to the provisions of subchapter 1 of 5 U.S.C. chapter 33,
including 5 CFR parts 300-330 other than Subpart G of 5 CFR part 300.
(e) When documenting personnel actions, cite the first legal
authority code (LAC)/legal authority for all permanent, term,
temporary, or special demonstration project appointments as Z2U/P.L.
103-337. The second LAC/legal authority will be cited as follows:
(1) For appointments of advanced degree candidates to scientific
and engineering positions: Z5C/Direct Hire Auth (STRL-Advanced Degree),
Sec 1108, PL 110-417, 10/14/2008;
(2) For appointments of bachelor's degree candidates to scientific
and engineering positions: Z5C/Direct Hire Auth (STRL-Bachelor), Sec
1107(a)(1), PL 113-66, 12/26/2013; and
(3) For appointments of veteran candidates to scientific,
technical, engineering, and mathematics positions, including
technicians: Z5C/Direct Hire Auth (STRL-Veterans), Sec 1107(a)(2), PL
113-66, 12/26/2013.
4. Authorized Positions
(a) Advanced degree for scientific and engineering positions. The
number of appointments made in a calendar year may not exceed 5 percent
of the total number of demo and non-demo scientific and engineering
positions, to include SES, ST, above GS-15, military and students in
the S&E x99 series, within the STRL that are filled as of the close of
the fiscal year ending before the start of such calendar year.
(b) Bachelor's degree for scientific and engineering positions. The
number of appointments made in a calendar year may not exceed 3 percent
of the total number of demo and non-demo scientific and engineering
positions, to include SES, ST, above GS-15, military and students in
the S&E x99 series, within the STRL that are filled as of the close of
the fiscal year ending before the start of such calendar year.
(c) Veteran authority for scientific, technical, engineering,
mathematics and technician positions. The number of appointments made
in a calendar year may not exceed 1 percent of the total number of demo
and non-demo scientific, technical, engineering, mathematics, and
technician positions, to include SES, ST, above GS-15, military, and
students in the S&E x99 series, within the STRL that are filled as of
the close of the fiscal year ending before the start of such calendar
year.
(d) When determining the number of appointments authorized, if the
percentage of authorized positions does not equate to a whole number,
the STRL shall round down to the next lower number.
(e) These authorizations may be amended by future legislation.
5. Evaluation
STRLs will provide information and data on the use of these direct-
hire appointment authorities including numerical limitations, hires
made, declinations, veterans hired, difficulties encountered, and/or
recognized efficiencies, when requested by the Military Department or
the DASD(CPP).
Appendix A
United States Code and Code of Federal Regulations Waived Science and
Technology Reinvention Laboratories
------------------------------------------------------------------------
Title 5, Code of Federal
Title 5, United States Code Regulations
------------------------------------------------------------------------
5 CFR 359.705 to allow
demonstration project rules
governing pay retention to
apply to a former SES placed
on an SSTM position.
5 U.S.C. Sec. 3104--Employment of 5 CFR 300-330, other than
Specially Qualified Scientific and Subpart G of 300 waived to the
Professional Personnel. Waive to allow extent necessary to allow
scientific, engineering and technology provisions of the direct hire
positions authorized under Section authorities as described in
1107(f) of 2014 NDAA. this Federal Register notice.
5 U.S.C. Sec. 3324--Appointments to ...............................
Positions Classified Above GS-15; and
5 U.S.C. Sec. 3325--Appointments to
Scientific and Professional Positions.
Waived in entirety.
5 U.S.C. Sec. 5301--Policy; 5 U.S.C. 5 CFR 531, subpart F--Locality-
Sec. 5302(8) and (9)--Definitions; 5 based Comparability Payments.
U.S.C. Sec. 5303--Annual Adjustments Waived to the extent necessary
to Pay Schedules; 5 U.S.C. Sec. to allow SSTM employees to be
5304--Locality-based Comparability treated as GS employees and
Payments; and 5 U.S.C. Sec. 5306-- basic rates of pay under the
Pay Fixed by Administrative Action. SSTM to be treated as
Waived to the extent necessary to scheduled annual rates of pay.
allow SSTM employees to be treated as
GS employees and basic rates of pay
under the demonstration project to be
treated as scheduled rates of basic
pay and to permit SSTM pay not to
exceed EX-IV and locality adjusted
SSTM rates not to exceed EX III.
5 U.S.C. Sec. 5363 to the extent 5 CFR 536.306(a) to the extent
necessary to allow SSTMs to receive necessary to allow SSTMs to
pay retention as described in this receive pay retention as
Federal Register Notice. described in this Federal
Register Notice.
5 U.S.C. Sec. 5755 to the extent 5 CFR 575, Subpart D, to the
necessary to allow SSTMs to receive extent necessary to allow
supervisory pay differentials as SSTMs to receive supervisory
described in this Federal Register pay differentials as described
Notice. in this Federal Register
Notice.
------------------------------------------------------------------------
Appendix B
STRLs Federal Register Notice of Approval of a Demonstration Project
Plan
Part 1: STRLs Authorized by Director of Defense Research and
Engineering, Memo 30 Aug 1994 and Section 342 of FY 1995 NDAA,
Public Law 103-337
------------------------------------------------------------------------
STRL Federal Register notice
------------------------------------------------------------------------
Air Force Research Laboratory.......... 61 FR 60400 amended by 75 FR
53076.
Army Research Laboratory............... 63 FR 10680.
Aviation and Missile Research, 62 FR 34906 and 62 FR 34876
Development, and Engineering Center. amended by 65 FR 53142 (AVRDEC
and AMRDEC merged together).
[[Page 43727]]
Communications-Electronics Research, 66 FR 54872.
Development, and Engineering Center.
Engineer Research and Development 63 FR 14580.
Center.
Medical Research and Material Command.. 63 FR 10440.
Naval Research Laboratory.............. 64 FR 33970.
Naval Sea Systems Command Warfare 62 FR 64050.
Centers.
------------------------------------------------------------------------
Part 2. STRLs Authorized by Section 1105 of FY 2010 NDAA, Public
Law 111-84
------------------------------------------------------------------------
STRL Federal Register notice
------------------------------------------------------------------------
Armament Research, Development and 76 FR 3744.
Engineering Center.
Edgewood Chemical Biological Center.... 74 FR 68936.
Natick Soldier Research, Development 74 FR 68448.
and Engineering Center.
Naval Air Systems Command Warfare 76 FR 8530.
Centers, Weapons and Aircraft
Divisions.
Office of Naval Research............... 75 FR 77380.
Space and Naval Warfare Systems 76 FR 1924.
Command, Space and Naval Warfare
Systems Center, Atlantic and Pacific.
Tank Automotive Research, Development 76 FR 12508.
and Engineering Center.
------------------------------------------------------------------------
Dated: July 23, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2014-17657 Filed 7-25-14; 8:45 am]
BILLING CODE 5001-06-P