Department of Defense Science and Technology Reinvention Laboratory (STRL) Personnel Demonstration (Demo) Project Program, 58334-58341 [2022-20774]

Download as PDF 58334 Federal Register / Vol. 87, No. 185 / Monday, September 26, 2022 / Notices and friends requesting assistance can contact the Sexual Assault Prevention and Response Office by completing the DD Form 2985, ‘‘Department of Defense Sexual Assault Prevention and Response Office Request for Assistance.’’ After receiving permission from the requesting individual, the request for assistance is referred to the appropriate agency for action to facilitate a resolution. Affected Public: Individuals or households. Frequency: On occasion. Respondent’s Obligation: Voluntary. OMB Desk Officer: Ms. Jasmeet Seehra. You may also submit comments and recommendations, identified by Docket ID number and title, by the following method: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name, Docket ID number, and title 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. DOD Clearance Officer: Ms. Angela Duncan. Requests for copies of the information collection proposal should be sent to Ms. Duncan at whs.mc-alex.esd.mbx.dddod-information-collections@mail.mil. Dated: September 20, 2022. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2022–20718 Filed 9–23–22; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Office of the Secretary Department of Defense Science and Technology Reinvention Laboratory (STRL) Personnel Demonstration (Demo) Project Program Under Secretary of Defense for Research and Engineering (USD(R&E)), Department of Defense (DoD). ACTION: Notice of amendment; STRL Personnel Demonstration Project reduction-in-force (RIF) procedures. AGENCY: This notice amends STRL Personnel Demonstration Project reduction-in-force (RIF) procedures. SUMMARY: VerDate Sep<11>2014 16:43 Sep 23, 2022 Jkt 256001 STRL RIF procedures will ensure employees involuntarily separated through a RIF are separated primarily based on performance, as determined under any applicable performancemanagement system. DATES: Implementation of this Federal Register notice will be September 26, 2022. FOR FURTHER INFORMATION CONTACT: Department of the Air Force: • Air Force Research Laboratory: Ms. Rosalyn Jones-Byrd, 937–656–9747, Rosalyn.Jones-Byrd@us.af.mil. • Joint Warfare Analysis Center: Ms. Amy Balmaz, 540–653–8598, Amy.T.Balmaz.civ@mail.mil. Department of the Army: • Army Futures Command: Ms. Marlowe Richmond, 512–726–4397, marlowe.richmond.civ@army.mil. • Army Research Institute for the Behavioral and Social Sciences: Dr. Scott Shadrick, 254–288–3800, Scottie.B.Shadrick.civ@army.mil. • Combat Capabilities Development Command Armaments Center: Mr. Mike Nicotra, 973–724–7764, Michael.J.Nicotra.civ@mail.mil. • Combat Capabilities Development Command Army Research Laboratory: Mr. Christopher Tahaney, 410–278– 9069, Christopher.S.Tahaney.civ@ army.mil. • Combat Capabilities Development Command Aviation and Missile Center: Ms. Nancy Salmon, 256–876–9647, Nancy.C.Salmon2.civ@army.mil. • Combat Capabilities Development Command Chemical Biological Center: Ms. Patricia Milwicz, 410–417–2343, Patricia.L.Milwicz.civ@army.mil. • Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center: Mr. Gregory Peck, 443–395–2110, Gregory.A.Peck16.civ@army.mil. • Combat Capabilities Development Command Ground Vehicle Systems Center: Ms. Jennifer Davis, 586–306– 4166, Jennifer.L.Davis1.civ@army.mil. • Combat Capabilities Development Command Soldier Center: Ms. Joelle Montecalvo, 508–206–3421, Joelle.K.Montecalvo.civ@army.mil. • Engineer Research and Development Center: Ms. Patricia Sullivan, 601–634–3065, Patricia.M.Sullivan@usace.army.mil. • Medical Research and Development Command: Ms. Linda Krout, 301–619– 7276, Linda.J.Krout.civ@mail.mil. • Technical Center, Space and Missile Defense Command: Dr. Chad Marshall, 256–955–5697, Chad.J.Marshall.civ@army.mil. PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 Department of the Navy: • Naval Air Warfare Center, Weapons Division and Aircraft Division: Mr. Richard Cracraft, 760–939–8115, Richard.A.Cracraft2.civ@us.navy.mil. • Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center: Ms. Lori Leigh, 805–901–5917, Lori.A.Leigh.civ@ us.navy.mil. • Naval Information Warfare Centers: Æ Naval Information Warfare Center Atlantic: Mr. Michael Gagnon, 843–218– 3871, Michael.L.Gagnon2.civ@ us.navy.mil. Æ Naval Information Warfare Center Pacific: Ms. Angela Hanson, 619–553– 0833, Angela.Y.Hanson.civ@ us.navy.mil. • Naval Medical Research Center: Dr. Jill Phan, 301–319–7645, jill.c.phan.civ@mail.mil. • Naval Research Laboratory: Ms. Ginger Kisamore, 202–767–3792, Ginger.Kisamore@nrl.navy.mil. • Naval Sea Systems Command Warfare Centers: Ms. Diane Brown, 215– 897–1619, Diane.J.Brown.civ@ us.navy.mil. • Office of Naval Research: Ms. Margaret J. Mitchell, 703–588–2364, Margaret.J.Mitchell@navy.mil. DoD: • Dr. Jagadeesh Pamulapati, Director, Laboratories and Personnel Office, 571– 372–6372, Jagadeesh.Pamulapati.civ@ mail.mil. SUPPLEMENTARY INFORMATION: 1. Background As authorized by 10 U.S.C. 4121, the Secretary of Defense (SECDEF), through the USD(R&E), may conduct personnel demonstration projects at DoD laboratories designated as STRLs. An STRL implementing these flexibilities must have an approved personnel demonstration project plan published in a FRN and must fulfill any collective bargaining obligations. Procedures described herein supersede and cancel the RIF procedures described in previously published STRL FRNs (Appendix B) and establish performance, also referred to as ‘‘contribution,’’ as the primary basis for determining which employees will be separated from employment when implementing a RIF. STRL internal operating procedures (IOPs) will describe the use of discretionary flexibilities when conducting a RIF. The 21 current STRLS are: • Air Force Research Laboratory • Joint Warfare Analysis Center • Army Futures Command • Army Research Institute for the Behavioral and Social Sciences E:\FR\FM\26SEN1.SGM 26SEN1 Federal Register / Vol. 87, No. 185 / Monday, September 26, 2022 / Notices • Combat Capabilities Development Command Army Research Laboratory • Combat Capabilities Development Command Armaments Center • Combat Capabilities Development Command Aviation and Missile Center • Combat Capabilities Development Command Chemical Biological Center • Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center • Combat Capabilities Development Command Ground Vehicle Systems Center • Combat Capabilities Development Command Soldier Center • Engineer Research and Development Center • Medical Research and Development Command • Technical Center, U.S. Army Space and Missile Defense Command • Naval Air Warfare Center • Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center • Naval Information Warfare Centers, Atlantic and Pacific • Naval Medical Research Center • Naval Research Laboratory • Naval Sea Systems Command Warfare Centers • Office of Naval Research 2. Summary of Comments On July 28, 2021, the Department of Defense published a notice in the Federal Register, ‘‘Department of Defense Science and Technology Reinvention Laboratory Personnel Demonstration Project Program,’’ (86 FR 40500–40509), for comment from members of the public. The comment period ended on August 27, 2021, with one comment received. Comment: The proposed provision of putting an employee with an unacceptable rating ahead of a non-rated employee for purpose of RIF retention standing should be re-examined. For the purpose of RIF, I suggest considering the grant of an assumed fully successful rating of record for non-rated employees and laboratory discretion (to be documented in internal operating procedures) to determine the score for non-rated employees. Response: In response to this comment, the notice has been revised to permit, but not require, adoption of internal operating procedures which assign an assumed rating and associated demo score to recently hired employees who are ineligible for a rating of record, for purposes of RIF procedures. VerDate Sep<11>2014 16:43 Sep 23, 2022 Jkt 256001 58335 3. Overview B. Definitions I. Introduction Assumed rating—A designated rating for purposes of determining retention standing that is the equivalent of a fully successful rating under the STRL performance management system. It is not a rating of record and only may be used for purposes of determining retention standing of employees who are ineligible for a rating as documented in the STRL IOP. Career path—A grouping of occupations with similar characteristics composed of pay bands designed to facilitate career progression. May also be referred to as career track, occupational family, or pay plan. Displace/Displacement—The assignment of an employee to a continuing position that is held by another employee with a lower retention standing (i.e., ‘‘bumping’’ another employee). Displacement may be at the same band or the next lower band below the employee’s existing band as documented in STRL IOPs. A preference-eligible employee with a compensable service-connected disability of 30 percent or more (veteran preference category AD) may displace to positions two bands (or equivalent to five grades) below his/her current band. A released employee may have displacement rights to a position without regard to whether the employee previously held the position of the employee with lower retention standing. Flexible and renewable term technical appointment—An appointment that affords eligibility for employee programs and benefits comparable to those provided to similar employees with permanent appointments, to include opportunities for professional development and eligibility for award programs, as described in Section 1109 of the National Defense Authorization Act for Fiscal Year 2016, as amended, and in 82 FR 43339, as amended. Appointments may be made in six-year increments and extended without limit in up to six-year increments. Fully qualified—Employee meets the Office of Personnel Management qualification standards, or standardlevel descriptors as described in STRL IOPs, and has the capacity, adaptability, and special skills needed to satisfactorily perform the duties of the position without undue interruption, e.g., within 90 days. Determination as to whether an impacted employee is fully qualified for RIF placement will be made by an STRL subject matter expert. Modified term appointment—An appointment used to fill a position for a period of more than one year but not more than five years when the need for A. Purpose This notice implements RIF procedures for the STRL employees in the competitive or excepted services and ensures they are separated from employment primarily on the basis of performance, as determined under any applicable performance management system. This is an overarching FRN applicable to all STRLs. B. Required Waivers to Law and Regulations Waivers and adaptations of certain Title 5 U.S.C., and Title 5, Code of Federal Regulations (CFR), provisions are required only to the extent that these statutory and regulatory provisions limit or are inconsistent with the actions authorized under these demonstration projects. Appendix A lists waivers needed to enact authorities described in this FRN. Nothing in this plan is intended to preclude the STRLs from adopting or incorporating any law or regulation enacted, adopted, or amended after the effective date of this FRN. C. Participating Organizations and Employees All DoD laboratories designated as STRLs pursuant to 10 U.S.C. 4121, with approved personnel demonstration project plans published in FRNs, must use the provisions described in this FRN. II. Personnel System Changes A. Authority For any RIF of civilian employees in the competitive and excepted services in DoD, the determination as to which employees will be separated from employment will be primarily based on performance, also referred to as ‘‘contribution.’’ The STRLs will consider every reasonably available option to mitigate the impact of a proposed RIF, including but not limited to job changes or retraining, the use of voluntary early retirement authority or voluntary separation incentive payments, hiring freezes, termination of temporary employees, termination of employees in tenure group 0, reduction in work hours, curtailment of discretionary spending, and other pre-RIF placement activities for employees eligible for placement assistance and referral programs. Use of any such options shall be consistent with applicable policies and procedures. PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 58336 Federal Register / Vol. 87, No. 185 / Monday, September 26, 2022 / Notices an employee’s services is not permanent. The modified term appointment differs from the term appointment described in 5 CFR part 316 in that it may be made for up to five years, compared to four years for the term appointment, and it may be extended for an additional year for a total of six years. An employee hired under this appointment authority may be eligible for conversion to a career or career-conditional appointment. It may also be referred to as a contingent term appointment. Non-rated (NR) rating—A designated rating for purposes of determining retention standing which is less than the lowest rating under the STRL performance management system. It is not a rating of record and only may be used for purposes of determining retention standing of employees who are ineligible for a rating of record and have not been assigned an assumed rating. Performance—For the purposes of a RIF in the STRLs, performance is determined by each STRL performancemanagement system, including contribution-based or performancebased systems, as recorded in the rating of record. Period of performance—STRL performance-management plans may specify a minimum number of months to receive a performance assessment. Such periods will be at least 90 days and generally allow all employees to receive at least one performance assessment prior to implementation of a RIF. Retreat—The assignment of an employee released from their competitive level to a position held by another employee lower in retention standing if the position is the same position or an essentially identical position formerly held by the released employee. This assignment may be to an essentially identical position in the released employee’s current band or to the next lower band, regardless of career path as documented in STRL IOPs. Unacceptable rating—Documented ratings of record of unacceptable, unsuccessful, failure, or unsatisfactory are used synonymously and reflect summary level 1 as described in 5 CFR 430.208. C. Provisions (1) Identification of Positions Being Abolished. Positions may be identified to be abolished based on budget, research area, project funding, lack of work, reorganization, or other elements identified by the STRL. (2) Scope of Competition. STRLs will determine the retention standing of each employee competing in the RIF based VerDate Sep<11>2014 16:43 Sep 23, 2022 Jkt 256001 on any factors outlined in this FRN, as long as performance, as documented in the rating of record, is the primary consideration. a. Competitive Areas. The STRL may determine the competitive area by career path (pay plan), occupational group, line of business, product line, organizational unit, funding line, occupational series, functional area, competency area, technology directorate, or geographical location, or a combination of these elements, and must include all demonstration project employees within the defined competitive area. The competitive area must be defined at least 90 days prior to the effective date of the RIF and descriptions of all competitive areas must be made readily available for review. b. Competitive Levels. Competitive levels may or may not be used, as documented in STRL IOPs. If competitive levels are used, they are assigned at the time the position description is classified and may be based on demonstration project criteria, such as specialty areas or functional codes, so long as these criteria serve to define those positions that are similar enough in duties and qualification requirements such that an incumbent of one position may be reassigned to another in the competitive level without causing an undue interruption in work. When competitive levels are used and established, employees will be released as described in II.C.(7)a.2 and II.C.(7)b. If competitive levels are not used, employees will be released as described in II.C.(7)d.1. (3) Retention Standing. Competitiveservice employees and excepted-service employees are placed on separate retention registers, with performance as the first factor as documented in ratings of record and designated ratings. Sample retention registers are in Appendix C. (4) Periods of Assessed Performance. Because the primary consideration is performance, STRL employees with no performance assessment (annotated as ‘‘NR’’) may not be placed above those with an assessed rating of less than fully successful/acceptable. STRLs may, but are not required to, group employees based on periods of assessed performance (e.g., those with a period of assessed performance of at least 90 days, those with a period of assessed performance of a least 180 days, etc.), as documented in STRL IOPs. (5) Retention Factors. Competing employees will first be listed on a retention register based on the rating of record (as documented in the personnel data system) or the designated rating. If PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 meaningful distinctions do not exist in the rating of record, each STRL may, as secondary criteria, differentiate based on average score or other performancerelated factor. Each STRL may further differentiate based on any of the following retention factors: tenure group; average score or other performance-related factor as determined by the STRL (where not previously utilized); veterans’ preference; DoD service computation date-RIF (DoD SCD–RIF); SCD–RIF adjusted by additional service credit for performance; or period of performance. a. Rating of Record. Rating of record is documented by each STRL in accordance with its designated performance or contribution management cycle. Additionally, STRL procedures may provide that a single rating of record or multiple ratings of record will be used and averaged, as described in its IOPs. When multiple ratings of record are used, they will be drawn from the ratings within the fouryear period preceding the ‘‘cutoff date’’ established for the RIF. However, when the most recent rating of record is ‘‘unacceptable,’’ only that rating of record will be considered for purposes of a RIF. STRL procedures will provide a method for converting an employee’s rating pattern from another system when it does not align with the STRL performance-management system, as documented in STRL IOPs. 1. Presumptive Ratings. A presumptive rating will be used as the current rating of record for purposes of a RIF when an employee did not receive a performance appraisal due to an absence resulting from: uniformed military service; performance of duties under the expeditionary civilian deployment program; extended leave or sabbatical; a work-related injury approved for compensation pursuant to an Office of Workers’ Compensation Program; or other similar absence. The presumptive rating of record will be the employee’s last performance appraisal of record prior to the period of absence or as specified in STRL IOPs. 2. Modal Ratings. A modal rating will be used as the rating of record only for those employees who do not have any previous performance within the fouryear period preceding the cutoff date established for the RIF and have an absence resulting from: uniformed military service; performance of duties under the expeditionary civilian deployment program; extended leave or sabbatical; a work-related injury approved for compensation pursuant to an Office of Workers’ Compensation Program; or other similar absence. The modal rating is the rating of record most E:\FR\FM\26SEN1.SGM 26SEN1 Federal Register / Vol. 87, No. 185 / Monday, September 26, 2022 / Notices frequently used among the actual ratings of record given to employees within the same competitive area for the appropriate rating cycle or cycles. b. Designated Rating 1. Assumed rating. As documented in the STRL IOP, the STRL may authorize use of assumed ratings along with associated demo scores for purposes of determining retention standing. 2. Non-Rated (NR) rating. An NR rating will be used when an employee is ineligible for a rating of record and no assumed rating has been assigned. c. Average Score or Other Performance-Related Factor as Determined by the STRL. STRLs may assign numeric values to other aspects of their performance-management systems that further differentiate levels of performance or contribution. For example, if an STRL utilizes a contribution-based system, the delta overall contribution score or assessment category score may be used; in a performance-based system, the assigned decimal score may be used, as documented in STRL IOPs. STRLs using Pass/Fail as the rating of record must use average score or other performancerelated factor as the second retention factor. d. Tenure Group 1. Tenure groups are defined in 5 CFR 351.501(b) for competitive service and 5 CFR 351.502(b) for excepted service, or in an STRL’s FRN. In addition, STRLs may consider tenure group 1 and 2 employees as tenure group 1 for RIF purposes and employees on modified term appointments as tenure group 0 or tenure group 3, as documented in STRL IOPs. 2. Employees on modified term or flexible-length and renewable term appointments who were previously selected through competitive procedures, and who otherwise meet conditions required for such conversion, may be converted to permanent appointments (tenure group 1 or tenure group 2, as appropriate), provided such conversions are effective not less than 90 days prior to the effective date of the RIF. 3. Employees on flexible-length and renewable term appointments who have completed three years of service may be treated as permanent employees (tenure group 1) and those with less than three years may be treated as tenure group 2, as documented in STRL IOPs. 4. Employees treated as tenure group 3 are ranked below any tenure group 1 or 2 employees, notwithstanding any other retention factor. VerDate Sep<11>2014 16:43 Sep 23, 2022 Jkt 256001 d. Veterans’ Preference. Competing employees are placed in a veterans’ preference category as described in 5 CFR 351.501(c). e. DoD SCD–RIF. The SCD–RIF includes all creditable service authorized by 5 CFR 351.503(a) and (b). The STRLs may further differentiate an employee’s retention standing by utilizing the retention service credit for performance as described in 5 CFR 351.504. If used, this is referred to as DoD SCD–RIF adjusted. (6) Creation of the Retention Register. STRLs will determine and document the order of retention in a manner that ensures retention decisions are based primarily on performance, as documented in the rating of record. Other factors which may receive secondary consideration are tenure group, veterans’ preference, SCD RIF, SCD RIF adjusted, and period of performance. Factors will be weighted in a manner that generally ensures that high-performing employees are not displaced. (7) Order of Release. a. Employees to be Released First. 1. STRLs can release Tenure 0 employees prior to RIF competition based on mission needs. 2. STRLs will release employees from the competitive level (if used) with a written decision of removal under 5 CFR parts 432 or 752 before releasing any employee competing in the RIF. 3. Employees demoted for unacceptable performance who have not received a rating on their current position will have ratings of record drawn from within the four-year period preceding the cutoff date established for the RIF (to include any rating of record of ‘‘unacceptable’’), if the STRL uses multiple ratings in its retention factors. b. If competitive levels are utilized by an STRL, employees will be released beginning with the employee with the lowest retention standing on the retention register for that competitive level. An STRL may provide for intervening displacement within the competitive level before final release of the employee with the lowest retention standing from the competitive level. c. STRL employees have assignment rights under RIF procedures if the current performance appraisal reflects a rating of record of at least minimally successful/minimally acceptable. d. STRLs may apply assignment rights described in 5 CFR 351.701 or other assignment rights as described below. 1. Single Round. When a specific position is to be abolished, the incumbent of that position may displace an employee within the band or at the next lower band, as documented in PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 58337 STRL IOPs, when the incumbent has a higher retention standing and is fully qualified for a position occupied by an employee with a lower retention standing among those competing in the RIF. A preference-eligible employee with a compensable service-connected disability of 30 percent or more (veterans’ preference category AD) may displace to positions two bands (or equivalent to five grades) below his/her current band. If there is no position in which an employee can be placed using this process or through assignment to a vacant position, that employee will be separated. 2. Two Round. When reducing positions in the same occupational series and pay band, competitive levels—consisting of such positions that are similar enough in duties, qualification requirements, and working conditions that the incumbent of one position can successfully perform the duties of any other position in the competitive level without unduly interrupting the work program—will be established. In round one, STRLs identify employees for release beginning with the employees with the lowest retention standing in the competitive level. In round two, within each competitive area, an employee identified for release in round one may displace an employee within the band or at the next lower band, as documented in STRL IOPs, when the released employee has a higher retention standing and is fully qualified for a position occupied by an employee with a lower standing among those competing in the RIF. A preferenceeligible employee with a compensable service-connected disability of 30 percent or more (veterans’ preference category AD) may displace to positions two bands (or equivalent to five grades) below the band of the position from which he/she is released. If there is no position in which an employee can be placed using this process or through assignment to a vacant position, that employee will be separated. 3. Retreat during RIF. STRLs may establish procedures permitting an employee identified for release to displace an employee within the band or at the next lower band when the released employee has a higher retention standing than the displaced employee and previously served in the displaced employee’s position, or an essentially identical position, regardless of career path. 4. Offers of Vacant Position. When an STRL chooses to utilize vacancies for which released employees qualify, the STRL must consider the relative retention standing of all released E:\FR\FM\26SEN1.SGM 26SEN1 58338 Federal Register / Vol. 87, No. 185 / Monday, September 26, 2022 / Notices employees and must offer the position to the released employee with the highest retention standing. e. Exceptions. STRLs must comply with protections afforded employees pursuant to 5 CFR 351.606, including protections under the Uniformed Services Employment and Reemployment Rights Act. III. Required Waivers to Law and Regulations The following waivers and adaptations of certain 5 U.S.C. and 5 CFR provisions are required only to the extent to which these statutory and regulatory provisions limit or are inconsistent with the actions contemplated under these STRL demonstration project RIF procedures. Nothing in this plan is intended to preclude the demonstration projects from adopting or incorporating any law or regulation enacted, adopted, or amended after the effective date of this notice. APPENDIX A—WAIVERS TO LAW AND REGULATIONS Title 5, United States Code Title 5, Code of Federal Regulations 5 U.S.C. 3502—Order of Retention is waived to allow STRLs to determine the appropriate order of retention as described in this FRN. 5 CFR part 351 subparts B, D, E, F, and G are waived to the extent necessary to allow the provisions of reduction in force as described in this FRN. 5 CFR 430.208—Rating Performance is waived to the extent necessary to allow STRLs to assign an assumed rating as described in this FRN. APPENDIX B—AUTHORIZED STRLS AND FEDERAL REGISTER NOTICES STRL Federal Register Notice Air Force Research Laboratory ................................................................ Joint Warfare Analysis Center .................................................................. Army Futures Command .......................................................................... Army Research Institute for the Behavioral and Social Sciences ........... Combat Capabilities Development Command Armaments Center .......... Combat Capabilities Development Command Army Research Laboratory. Combat Capabilities Development Command Aviation and Missile Center. Combat Capabilities Development Command Chemical Biological Center. Combat Capabilities Development Command Command, Control, Communications, Cyber, Intelligence, Surveillance, and Reconnaissance Center. Combat Capabilities Development Command Ground Vehicle Systems Center. Combat Capabilities Development Command Soldier Center ................. Engineer Research and Development Center ......................................... Medical Research and Development Command ..................................... Technical Center, U.S. Army Space and Missile Defense Command .... Naval Air Systems Command Warfare Centers ...................................... Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center. Naval Information Warfare Centers, Atlantic and Pacific ......................... Naval Medical Research Center .............................................................. Naval Research Laboratory ...................................................................... Naval Sea Systems Command Warfare Centers .................................... Office of Naval Research ......................................................................... 61 FR 60400 amended by 75 FR 53076. 85 FR 29414. Not yet published. 85 FR 76038. 76 FR 3744. 63 FR 10680. 62 FR 34906 and 62 FR 34876 amended by 65 FR 53142 (AVRDEC and AMRDEC merged together). 74 FR 68936. 66 FR 54872. 76 FR 12508. 74 63 63 85 76 86 FR FR FR FR FR FR 68448. 14580 amended by 65 FR 32135. 10440. 3339. 8530. 14084. 76 FR 1924. Not yet published. 64 FR 33970. 62 FR 64050. 75 FR 77380. Appendix C—Sample Retention Registers BILLING CODE 5001–06–P VerDate Sep<11>2014 16:43 Sep 23, 2022 Jkt 256001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\26SEN1.SGM 26SEN1 Federal Register / Vol. 87, No. 185 / Monday, September 26, 2022 / Notices 58339 Sample 1: Based on Rating of Record, Tenure, Average Score Calculation, Veterans' Preference, and DoD SCD-RIF Retention Factors, as Determined by the STRL Average Rating Name of Tenure Record 5 I Maddie Eleanor 5 I Ian 5 I Dylan 5 II Rich 5 II Thomas 5 II Susan 4 I Valerie 4 I Sherri 4 I Peter 4 II Paul 4 II Paula 3 I Jason 3 I Regina 3 I Garrett 3 I Vicki 3 II Brandon 3 II Justin 2 I 1 I Joe Sally I NR Average Score Calculation Veterans' Preference 4.8 4.8 4.5 4.8 4.3 4.3 4.2 3.5 3.5 4.3 3.5 4.2 3.9 3.8 3 3.7 3 2 0 NR AD A B B A A B A B B B B A A B B A AD AD AD DoD SCD-RIF 17-Dec-1979 3-Nov-1990 6-May-2013 28-Feb-2015 10-Jul-2012 18-Jun-2015 12-June-1995 9-Jul-1995 6-Aug-1996 5-Sep-2015 12-Dec-2015 25-Mar-1987 13-Aug-2013 19-Aug-1984 5-Sep-2011 27-Mar-2015 3-Jan-2015 10-Jan-2010 11-Jan-2010 11-Jan-2010 VerDate Sep<11>2014 16:43 Sep 23, 2022 Jkt 256001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4725 E:\FR\FM\26SEN1.SGM 26SEN1 EN26SE22.004</GPH> Joe has an unacceptable rating. Sally has no rating and is therefore at the bottom of the retention register. 58340 Federal Register / Vol. 87, No. 185 / Monday, September 26, 2022 / Notices Sample 2: Based on Average Rating of Record, Veterans' Preference, Tenure, DoD SCD-RIF Retention Factors, as Determined by the STRL (STRL Does Not Use an Average Score Calculation) Name Average Rating Veterans' Tenure of Preference Record Maddie Eleanor Rich Thomas Ian Dylan Valerie Susan Sherri Peter Paul Jason Regina Brandon Paula Garrett Vicki Justin Joe Sally 5 5 5 5 5 5 4 4 4 4 4 3 3 3 3 3 3 2 1 NR AD I I A A A B B A B B B B A A A B B B AD AD AD II II I II I I I II II I I II I I II I I I DoD SCD-RIF 17-Dec-1979 3-Nov-1990 10-Jul-2012 18-Jun-2015 6-May-2013 28-Feb-2015 9-Jul-1995 I 2-June-1995 6-Aug-1996 5-Sep-2015 12-Dec-2015 13-Aug-2013 19-Aug-1984 3-Jan-2015 25-Mar-1987 5-Sep-2011 27-Mar-2015 10-Jan-2010 11-Jan-2010 11-Jan-2010 VerDate Sep<11>2014 16:43 Sep 23, 2022 Jkt 256001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4725 E:\FR\FM\26SEN1.SGM 26SEN1 EN26SE22.005</GPH> Joe has an unacceptable rating. Sally has no rating and is therefore at the bottom of the retention register. Federal Register / Vol. 87, No. 185 / Monday, September 26, 2022 / Notices 58341 Sample 3: Based on Pass/Fail Rating of Record, Average Score, Veterans' Preference, Tenure, and DoD SCD RIF Retention Factors, as Determined by the STRL Name Maddie Eleanor Rich Thomas Ian Dylan Valerie Susan Sherri Peter Paul Jason Regina Brandon Paula Garrett Vicki Justin Joe Sally Rating of Record (Pass or Fail) p p p p p p p p p p p p p p p p p p Average Score Veterans' Preference Tenure DoD SCDRIF 4.8 AD A A A B B A B B B B A A A B B B AD AD AD I 17-Dec-1979 I II 3-Nov-1990 10-Jul-2012 18-Jun-2015 6-May-2013 28-Feb-2015 9-Jul-1995 12-June-1995 6-Aug-1996 5-Sep-2015 12-Dec-2015 13-Aug-2013 19-Aug-1984 3-Jan-2015 25-Mar-1987 5-Sep-2011 27-Mar-2015 10-Jan-2010 11-Jan-2010 11-Jan-2010 4.8 4.5 4.3 4.3 4.2 4.2 3.9 3.8 3.7 3.5 3.3 3 3 2 2 2 2 0 NR F NR II I II I I I II II I I II I I II I I I Ian was released from his competitive level in the first round ofRIF. Ian does not qualify for any position encumbered by an employee with a lower retention standing than Paul, but formerly held the identical position currently occupied by Paul. Ian will retreat to the position held by Paul because Paul is lower in retention standing than Ian. RIF placement will then be sought for Paul. [FR Doc. 2022–20774 Filed 9–23–22; 8:45 am] BILLING CODE 5001–06–C Notice of Federal Advisory Committee closed meeting. ACTION: DEPARTMENT OF DEFENSE Office of the Secretary U.S. Strategic Command Strategic Advisory Group; Notice of Federal Advisory Committee Closed Meeting Office of the Chairman Joint Chiefs of Staff, Department of Defense (DoD). AGENCY: VerDate Sep<11>2014 16:43 Sep 23, 2022 Jkt 256001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 The DoD is publishing this notice to announce that the following Federal Advisory Committee meeting of the U.S. Strategic Command Strategic Advisory Group will take place. SUMMARY: Day 1—Closed to the public Wednesday, October 19, 2022, from 9:00 a.m. to 5:00 p.m. and Day 2—Closed to DATES: E:\FR\FM\26SEN1.SGM 26SEN1 EN26SE22.006</GPH> Dated: September 21, 2022. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.

Agencies

[Federal Register Volume 87, Number 185 (Monday, September 26, 2022)]
[Notices]
[Pages 58334-58341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20774]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary


Department of Defense Science and Technology Reinvention 
Laboratory (STRL) Personnel Demonstration (Demo) Project Program

AGENCY: Under Secretary of Defense for Research and Engineering 
(USD(R&E)), Department of Defense (DoD).

ACTION: Notice of amendment; STRL Personnel Demonstration Project 
reduction-in-force (RIF) procedures.

-----------------------------------------------------------------------

SUMMARY: This notice amends STRL Personnel Demonstration Project 
reduction-in-force (RIF) procedures. STRL RIF procedures will ensure 
employees involuntarily separated through a RIF are separated primarily 
based on performance, as determined under any applicable performance-
management system.

DATES: Implementation of this Federal Register notice will be September 
26, 2022.

FOR FURTHER INFORMATION CONTACT: 
    Department of the Air Force:
     Air Force Research Laboratory: Ms. Rosalyn Jones-Byrd, 
937-656-9747, [email protected].
     Joint Warfare Analysis Center: Ms. Amy Balmaz, 540-653-
8598, [email protected].
    Department of the Army:
     Army Futures Command: Ms. Marlowe Richmond, 512-726-4397, 
[email protected].
     Army Research Institute for the Behavioral and Social 
Sciences: Dr. Scott Shadrick, 254-288-3800, 
[email protected].
     Combat Capabilities Development Command Armaments Center: 
Mr. Mike Nicotra, 973-724-7764, [email protected].
     Combat Capabilities Development Command Army Research 
Laboratory: Mr. Christopher Tahaney, 410-278-9069, 
[email protected].
     Combat Capabilities Development Command Aviation and 
Missile Center: Ms. Nancy Salmon, 256-876-9647, 
[email protected].
     Combat Capabilities Development Command Chemical 
Biological Center: Ms. Patricia Milwicz, 410-417-2343, 
[email protected].
     Combat Capabilities Development Command Command, Control, 
Communications, Computers, Cyber, Intelligence, Surveillance, and 
Reconnaissance Center: Mr. Gregory Peck, 443-395-2110, 
[email protected].
     Combat Capabilities Development Command Ground Vehicle 
Systems Center: Ms. Jennifer Davis, 586-306-4166, 
[email protected].
     Combat Capabilities Development Command Soldier Center: 
Ms. Joelle Montecalvo, 508-206-3421, [email protected].
     Engineer Research and Development Center: Ms. Patricia 
Sullivan, 601-634-3065, [email protected].
     Medical Research and Development Command: Ms. Linda Krout, 
301-619-7276, [email protected].
     Technical Center, Space and Missile Defense Command: Dr. 
Chad Marshall, 256-955-5697, [email protected].
    Department of the Navy:
     Naval Air Warfare Center, Weapons Division and Aircraft 
Division: Mr. Richard Cracraft, 760-939-8115, 
[email protected].
     Naval Facilities Engineering Command Engineering and 
Expeditionary Warfare Center: Ms. Lori Leigh, 805-901-5917, 
[email protected].
     Naval Information Warfare Centers:
    [cir] Naval Information Warfare Center Atlantic: Mr. Michael 
Gagnon, 843-218-3871, [email protected].
    [cir] Naval Information Warfare Center Pacific: Ms. Angela Hanson, 
619-553-0833, [email protected].
     Naval Medical Research Center: Dr. Jill Phan, 301-319-
7645, [email protected].
     Naval Research Laboratory: Ms. Ginger Kisamore, 202-767-
3792, [email protected].
     Naval Sea Systems Command Warfare Centers: Ms. Diane 
Brown, 215-897-1619, [email protected].
     Office of Naval Research: Ms. Margaret J. Mitchell, 703-
588-2364, [email protected].
    DoD:
     Dr. Jagadeesh Pamulapati, Director, Laboratories and 
Personnel Office, 571-372-6372, [email protected].

SUPPLEMENTARY INFORMATION:

1. Background

    As authorized by 10 U.S.C. 4121, the Secretary of Defense (SECDEF), 
through the USD(R&E), may conduct personnel demonstration projects at 
DoD laboratories designated as STRLs. An STRL implementing these 
flexibilities must have an approved personnel demonstration project 
plan published in a FRN and must fulfill any collective bargaining 
obligations. Procedures described herein supersede and cancel the RIF 
procedures described in previously published STRL FRNs (Appendix B) and 
establish performance, also referred to as ``contribution,'' as the 
primary basis for determining which employees will be separated from 
employment when implementing a RIF. STRL internal operating procedures 
(IOPs) will describe the use of discretionary flexibilities when 
conducting a RIF.
    The 21 current STRLS are:

 Air Force Research Laboratory
 Joint Warfare Analysis Center
 Army Futures Command
 Army Research Institute for the Behavioral and Social Sciences

[[Page 58335]]

 Combat Capabilities Development Command Army Research 
Laboratory
 Combat Capabilities Development Command Armaments Center
 Combat Capabilities Development Command Aviation and Missile 
Center
 Combat Capabilities Development Command Chemical Biological 
Center
 Combat Capabilities Development Command Command, Control, 
Communications, Computers, Cyber, Intelligence, Surveillance, and 
Reconnaissance Center
 Combat Capabilities Development Command Ground Vehicle Systems 
Center
 Combat Capabilities Development Command Soldier Center
 Engineer Research and Development Center
 Medical Research and Development Command
 Technical Center, U.S. Army Space and Missile Defense Command
 Naval Air Warfare Center
 Naval Facilities Engineering Command Engineering and 
Expeditionary Warfare Center
 Naval Information Warfare Centers, Atlantic and Pacific
 Naval Medical Research Center
 Naval Research Laboratory
 Naval Sea Systems Command Warfare Centers
 Office of Naval Research

2. Summary of Comments

    On July 28, 2021, the Department of Defense published a notice in 
the Federal Register, ``Department of Defense Science and Technology 
Reinvention Laboratory Personnel Demonstration Project Program,'' (86 
FR 40500-40509), for comment from members of the public. The comment 
period ended on August 27, 2021, with one comment received.
    Comment: The proposed provision of putting an employee with an 
unacceptable rating ahead of a non-rated employee for purpose of RIF 
retention standing should be re-examined. For the purpose of RIF, I 
suggest considering the grant of an assumed fully successful rating of 
record for non-rated employees and laboratory discretion (to be 
documented in internal operating procedures) to determine the score for 
non-rated employees.
    Response: In response to this comment, the notice has been revised 
to permit, but not require, adoption of internal operating procedures 
which assign an assumed rating and associated demo score to recently 
hired employees who are ineligible for a rating of record, for purposes 
of RIF procedures.

3. Overview

I. Introduction

A. Purpose

    This notice implements RIF procedures for the STRL employees in the 
competitive or excepted services and ensures they are separated from 
employment primarily on the basis of performance, as determined under 
any applicable performance management system. This is an overarching 
FRN applicable to all STRLs.

B. Required Waivers to Law and Regulations

    Waivers and adaptations of certain Title 5 U.S.C., and Title 5, 
Code of Federal Regulations (CFR), provisions are required only to the 
extent that these statutory and regulatory provisions limit or are 
inconsistent with the actions authorized under these demonstration 
projects. Appendix A lists waivers needed to enact authorities 
described in this FRN. Nothing in this plan is intended to preclude the 
STRLs from adopting or incorporating any law or regulation enacted, 
adopted, or amended after the effective date of this FRN.

C. Participating Organizations and Employees

    All DoD laboratories designated as STRLs pursuant to 10 U.S.C. 
4121, with approved personnel demonstration project plans published in 
FRNs, must use the provisions described in this FRN.

II. Personnel System Changes

A. Authority

    For any RIF of civilian employees in the competitive and excepted 
services in DoD, the determination as to which employees will be 
separated from employment will be primarily based on performance, also 
referred to as ``contribution.''
    The STRLs will consider every reasonably available option to 
mitigate the impact of a proposed RIF, including but not limited to job 
changes or retraining, the use of voluntary early retirement authority 
or voluntary separation incentive payments, hiring freezes, termination 
of temporary employees, termination of employees in tenure group 0, 
reduction in work hours, curtailment of discretionary spending, and 
other pre-RIF placement activities for employees eligible for placement 
assistance and referral programs. Use of any such options shall be 
consistent with applicable policies and procedures.

B. Definitions

    Assumed rating--A designated rating for purposes of determining 
retention standing that is the equivalent of a fully successful rating 
under the STRL performance management system. It is not a rating of 
record and only may be used for purposes of determining retention 
standing of employees who are ineligible for a rating as documented in 
the STRL IOP.
    Career path--A grouping of occupations with similar characteristics 
composed of pay bands designed to facilitate career progression. May 
also be referred to as career track, occupational family, or pay plan.
    Displace/Displacement--The assignment of an employee to a 
continuing position that is held by another employee with a lower 
retention standing (i.e., ``bumping'' another employee). Displacement 
may be at the same band or the next lower band below the employee's 
existing band as documented in STRL IOPs. A preference-eligible 
employee with a compensable service-connected disability of 30 percent 
or more (veteran preference category AD) may displace to positions two 
bands (or equivalent to five grades) below his/her current band. A 
released employee may have displacement rights to a position without 
regard to whether the employee previously held the position of the 
employee with lower retention standing.
    Flexible and renewable term technical appointment--An appointment 
that affords eligibility for employee programs and benefits comparable 
to those provided to similar employees with permanent appointments, to 
include opportunities for professional development and eligibility for 
award programs, as described in Section 1109 of the National Defense 
Authorization Act for Fiscal Year 2016, as amended, and in 82 FR 43339, 
as amended. Appointments may be made in six-year increments and 
extended without limit in up to six-year increments.
    Fully qualified--Employee meets the Office of Personnel Management 
qualification standards, or standard-level descriptors as described in 
STRL IOPs, and has the capacity, adaptability, and special skills 
needed to satisfactorily perform the duties of the position without 
undue interruption, e.g., within 90 days. Determination as to whether 
an impacted employee is fully qualified for RIF placement will be made 
by an STRL subject matter expert.
    Modified term appointment--An appointment used to fill a position 
for a period of more than one year but not more than five years when 
the need for

[[Page 58336]]

an employee's services is not permanent. The modified term appointment 
differs from the term appointment described in 5 CFR part 316 in that 
it may be made for up to five years, compared to four years for the 
term appointment, and it may be extended for an additional year for a 
total of six years. An employee hired under this appointment authority 
may be eligible for conversion to a career or career-conditional 
appointment. It may also be referred to as a contingent term 
appointment.
    Non-rated (NR) rating--A designated rating for purposes of 
determining retention standing which is less than the lowest rating 
under the STRL performance management system. It is not a rating of 
record and only may be used for purposes of determining retention 
standing of employees who are ineligible for a rating of record and 
have not been assigned an assumed rating.
    Performance--For the purposes of a RIF in the STRLs, performance is 
determined by each STRL performance-management system, including 
contribution-based or performance-based systems, as recorded in the 
rating of record.
    Period of performance--STRL performance-management plans may 
specify a minimum number of months to receive a performance assessment. 
Such periods will be at least 90 days and generally allow all employees 
to receive at least one performance assessment prior to implementation 
of a RIF.
    Retreat--The assignment of an employee released from their 
competitive level to a position held by another employee lower in 
retention standing if the position is the same position or an 
essentially identical position formerly held by the released employee. 
This assignment may be to an essentially identical position in the 
released employee's current band or to the next lower band, regardless 
of career path as documented in STRL IOPs.
    Unacceptable rating--Documented ratings of record of unacceptable, 
unsuccessful, failure, or unsatisfactory are used synonymously and 
reflect summary level 1 as described in 5 CFR 430.208.

C. Provisions

    (1) Identification of Positions Being Abolished. Positions may be 
identified to be abolished based on budget, research area, project 
funding, lack of work, reorganization, or other elements identified by 
the STRL.
    (2) Scope of Competition. STRLs will determine the retention 
standing of each employee competing in the RIF based on any factors 
outlined in this FRN, as long as performance, as documented in the 
rating of record, is the primary consideration.
    a. Competitive Areas. The STRL may determine the competitive area 
by career path (pay plan), occupational group, line of business, 
product line, organizational unit, funding line, occupational series, 
functional area, competency area, technology directorate, or 
geographical location, or a combination of these elements, and must 
include all demonstration project employees within the defined 
competitive area. The competitive area must be defined at least 90 days 
prior to the effective date of the RIF and descriptions of all 
competitive areas must be made readily available for review.
    b. Competitive Levels. Competitive levels may or may not be used, 
as documented in STRL IOPs. If competitive levels are used, they are 
assigned at the time the position description is classified and may be 
based on demonstration project criteria, such as specialty areas or 
functional codes, so long as these criteria serve to define those 
positions that are similar enough in duties and qualification 
requirements such that an incumbent of one position may be reassigned 
to another in the competitive level without causing an undue 
interruption in work. When competitive levels are used and established, 
employees will be released as described in II.C.(7)a.2 and II.C.(7)b. 
If competitive levels are not used, employees will be released as 
described in II.C.(7)d.1.
    (3) Retention Standing. Competitive-service employees and excepted-
service employees are placed on separate retention registers, with 
performance as the first factor as documented in ratings of record and 
designated ratings. Sample retention registers are in Appendix C.
    (4) Periods of Assessed Performance. Because the primary 
consideration is performance, STRL employees with no performance 
assessment (annotated as ``NR'') may not be placed above those with an 
assessed rating of less than fully successful/acceptable. STRLs may, 
but are not required to, group employees based on periods of assessed 
performance (e.g., those with a period of assessed performance of at 
least 90 days, those with a period of assessed performance of a least 
180 days, etc.), as documented in STRL IOPs.
    (5) Retention Factors. Competing employees will first be listed on 
a retention register based on the rating of record (as documented in 
the personnel data system) or the designated rating. If meaningful 
distinctions do not exist in the rating of record, each STRL may, as 
secondary criteria, differentiate based on average score or other 
performance-related factor. Each STRL may further differentiate based 
on any of the following retention factors: tenure group; average score 
or other performance-related factor as determined by the STRL (where 
not previously utilized); veterans' preference; DoD service computation 
date-RIF (DoD SCD-RIF); SCD-RIF adjusted by additional service credit 
for performance; or period of performance.
    a. Rating of Record. Rating of record is documented by each STRL in 
accordance with its designated performance or contribution management 
cycle. Additionally, STRL procedures may provide that a single rating 
of record or multiple ratings of record will be used and averaged, as 
described in its IOPs. When multiple ratings of record are used, they 
will be drawn from the ratings within the four-year period preceding 
the ``cutoff date'' established for the RIF. However, when the most 
recent rating of record is ``unacceptable,'' only that rating of record 
will be considered for purposes of a RIF. STRL procedures will provide 
a method for converting an employee's rating pattern from another 
system when it does not align with the STRL performance-management 
system, as documented in STRL IOPs.
    1. Presumptive Ratings. A presumptive rating will be used as the 
current rating of record for purposes of a RIF when an employee did not 
receive a performance appraisal due to an absence resulting from: 
uniformed military service; performance of duties under the 
expeditionary civilian deployment program; extended leave or 
sabbatical; a work-related injury approved for compensation pursuant to 
an Office of Workers' Compensation Program; or other similar absence. 
The presumptive rating of record will be the employee's last 
performance appraisal of record prior to the period of absence or as 
specified in STRL IOPs.
    2. Modal Ratings. A modal rating will be used as the rating of 
record only for those employees who do not have any previous 
performance within the four-year period preceding the cutoff date 
established for the RIF and have an absence resulting from: uniformed 
military service; performance of duties under the expeditionary 
civilian deployment program; extended leave or sabbatical; a work-
related injury approved for compensation pursuant to an Office of 
Workers' Compensation Program; or other similar absence. The modal 
rating is the rating of record most

[[Page 58337]]

frequently used among the actual ratings of record given to employees 
within the same competitive area for the appropriate rating cycle or 
cycles.
b. Designated Rating
    1. Assumed rating. As documented in the STRL IOP, the STRL may 
authorize use of assumed ratings along with associated demo scores for 
purposes of determining retention standing.
    2. Non-Rated (NR) rating. An NR rating will be used when an 
employee is ineligible for a rating of record and no assumed rating has 
been assigned.
    c. Average Score or Other Performance-Related Factor as Determined 
by the STRL. STRLs may assign numeric values to other aspects of their 
performance-management systems that further differentiate levels of 
performance or contribution. For example, if an STRL utilizes a 
contribution-based system, the delta overall contribution score or 
assessment category score may be used; in a performance-based system, 
the assigned decimal score may be used, as documented in STRL IOPs. 
STRLs using Pass/Fail as the rating of record must use average score or 
other performance-related factor as the second retention factor.
d. Tenure Group
    1. Tenure groups are defined in 5 CFR 351.501(b) for competitive 
service and 5 CFR 351.502(b) for excepted service, or in an STRL's FRN. 
In addition, STRLs may consider tenure group 1 and 2 employees as 
tenure group 1 for RIF purposes and employees on modified term 
appointments as tenure group 0 or tenure group 3, as documented in STRL 
IOPs.
    2. Employees on modified term or flexible-length and renewable term 
appointments who were previously selected through competitive 
procedures, and who otherwise meet conditions required for such 
conversion, may be converted to permanent appointments (tenure group 1 
or tenure group 2, as appropriate), provided such conversions are 
effective not less than 90 days prior to the effective date of the RIF.
    3. Employees on flexible-length and renewable term appointments who 
have completed three years of service may be treated as permanent 
employees (tenure group 1) and those with less than three years may be 
treated as tenure group 2, as documented in STRL IOPs.
    4. Employees treated as tenure group 3 are ranked below any tenure 
group 1 or 2 employees, notwithstanding any other retention factor.
    d. Veterans' Preference. Competing employees are placed in a 
veterans' preference category as described in 5 CFR 351.501(c).
    e. DoD SCD-RIF. The SCD-RIF includes all creditable service 
authorized by 5 CFR 351.503(a) and (b). The STRLs may further 
differentiate an employee's retention standing by utilizing the 
retention service credit for performance as described in 5 CFR 351.504. 
If used, this is referred to as DoD SCD-RIF adjusted.
    (6) Creation of the Retention Register. STRLs will determine and 
document the order of retention in a manner that ensures retention 
decisions are based primarily on performance, as documented in the 
rating of record. Other factors which may receive secondary 
consideration are tenure group, veterans' preference, SCD RIF, SCD RIF 
adjusted, and period of performance. Factors will be weighted in a 
manner that generally ensures that high-performing employees are not 
displaced.
    (7) Order of Release.
    a. Employees to be Released First.
    1. STRLs can release Tenure 0 employees prior to RIF competition 
based on mission needs.
    2. STRLs will release employees from the competitive level (if 
used) with a written decision of removal under 5 CFR parts 432 or 752 
before releasing any employee competing in the RIF.
    3. Employees demoted for unacceptable performance who have not 
received a rating on their current position will have ratings of record 
drawn from within the four-year period preceding the cutoff date 
established for the RIF (to include any rating of record of 
``unacceptable''), if the STRL uses multiple ratings in its retention 
factors.
    b. If competitive levels are utilized by an STRL, employees will be 
released beginning with the employee with the lowest retention standing 
on the retention register for that competitive level. An STRL may 
provide for intervening displacement within the competitive level 
before final release of the employee with the lowest retention standing 
from the competitive level.
    c. STRL employees have assignment rights under RIF procedures if 
the current performance appraisal reflects a rating of record of at 
least minimally successful/minimally acceptable.
    d. STRLs may apply assignment rights described in 5 CFR 351.701 or 
other assignment rights as described below.
    1. Single Round. When a specific position is to be abolished, the 
incumbent of that position may displace an employee within the band or 
at the next lower band, as documented in STRL IOPs, when the incumbent 
has a higher retention standing and is fully qualified for a position 
occupied by an employee with a lower retention standing among those 
competing in the RIF. A preference-eligible employee with a compensable 
service-connected disability of 30 percent or more (veterans' 
preference category AD) may displace to positions two bands (or 
equivalent to five grades) below his/her current band. If there is no 
position in which an employee can be placed using this process or 
through assignment to a vacant position, that employee will be 
separated.
    2. Two Round. When reducing positions in the same occupational 
series and pay band, competitive levels--consisting of such positions 
that are similar enough in duties, qualification requirements, and 
working conditions that the incumbent of one position can successfully 
perform the duties of any other position in the competitive level 
without unduly interrupting the work program--will be established. In 
round one, STRLs identify employees for release beginning with the 
employees with the lowest retention standing in the competitive level. 
In round two, within each competitive area, an employee identified for 
release in round one may displace an employee within the band or at the 
next lower band, as documented in STRL IOPs, when the released employee 
has a higher retention standing and is fully qualified for a position 
occupied by an employee with a lower standing among those competing in 
the RIF. A preference-eligible employee with a compensable service-
connected disability of 30 percent or more (veterans' preference 
category AD) may displace to positions two bands (or equivalent to five 
grades) below the band of the position from which he/she is released. 
If there is no position in which an employee can be placed using this 
process or through assignment to a vacant position, that employee will 
be separated.
    3. Retreat during RIF. STRLs may establish procedures permitting an 
employee identified for release to displace an employee within the band 
or at the next lower band when the released employee has a higher 
retention standing than the displaced employee and previously served in 
the displaced employee's position, or an essentially identical 
position, regardless of career path.
    4. Offers of Vacant Position. When an STRL chooses to utilize 
vacancies for which released employees qualify, the STRL must consider 
the relative retention standing of all released

[[Page 58338]]

employees and must offer the position to the released employee with the 
highest retention standing.
    e. Exceptions. STRLs must comply with protections afforded 
employees pursuant to 5 CFR 351.606, including protections under the 
Uniformed Services Employment and Reemployment Rights Act.
III. Required Waivers to Law and Regulations
    The following waivers and adaptations of certain 5 U.S.C. and 5 CFR 
provisions are required only to the extent to which these statutory and 
regulatory provisions limit or are inconsistent with the actions 
contemplated under these STRL demonstration project RIF procedures. 
Nothing in this plan is intended to preclude the demonstration projects 
from adopting or incorporating any law or regulation enacted, adopted, 
or amended after the effective date of this notice.

               Appendix A--Waivers to Law and Regulations
------------------------------------------------------------------------
                                             Title 5, Code of Federal
      Title 5, United States Code                  Regulations
------------------------------------------------------------------------
5 U.S.C. 3502--Order of Retention is     5 CFR part 351 subparts B, D,
 waived to allow STRLs to determine the   E, F, and G are waived to the
 appropriate order of retention as        extent necessary to allow the
 described in this FRN.                   provisions of reduction in
                                          force as described in this
                                          FRN.
                                         5 CFR 430.208--Rating
                                          Performance is waived to the
                                          extent necessary to allow
                                          STRLs to assign an assumed
                                          rating as described in this
                                          FRN.
------------------------------------------------------------------------


        Appendix B--Authorized STRLs and Federal Register Notices
------------------------------------------------------------------------
                  STRL                       Federal Register Notice
------------------------------------------------------------------------
Air Force Research Laboratory..........  61 FR 60400 amended by 75 FR
                                          53076.
Joint Warfare Analysis Center..........  85 FR 29414.
Army Futures Command...................  Not yet published.
Army Research Institute for the          85 FR 76038.
 Behavioral and Social Sciences.
Combat Capabilities Development Command  76 FR 3744.
 Armaments Center.
Combat Capabilities Development Command  63 FR 10680.
 Army Research Laboratory.
Combat Capabilities Development Command  62 FR 34906 and 62 FR 34876
 Aviation and Missile Center.             amended by 65 FR 53142 (AVRDEC
                                          and AMRDEC merged together).
Combat Capabilities Development Command  74 FR 68936.
 Chemical Biological Center.
Combat Capabilities Development Command  66 FR 54872.
 Command, Control, Communications,
 Cyber, Intelligence, Surveillance, and
 Reconnaissance Center.
Combat Capabilities Development Command  76 FR 12508.
 Ground Vehicle Systems Center.
Combat Capabilities Development Command  74 FR 68448.
 Soldier Center.
Engineer Research and Development        63 FR 14580 amended by 65 FR
 Center.                                  32135.
Medical Research and Development         63 FR 10440.
 Command.
Technical Center, U.S. Army Space and    85 FR 3339.
 Missile Defense Command.
Naval Air Systems Command Warfare        76 FR 8530.
 Centers.
Naval Facilities Engineering Command     86 FR 14084.
 Engineering and Expeditionary Warfare
 Center.
Naval Information Warfare Centers,       76 FR 1924.
 Atlantic and Pacific.
Naval Medical Research Center..........  Not yet published.
Naval Research Laboratory..............  64 FR 33970.
Naval Sea Systems Command Warfare        62 FR 64050.
 Centers.
Office of Naval Research...............  75 FR 77380.
------------------------------------------------------------------------

Appendix C--Sample Retention Registers

BILLING CODE 5001-06-P

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[GRAPHIC] [TIFF OMITTED] TN26SE22.004


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[GRAPHIC] [TIFF OMITTED] TN26SE22.005


[[Page 58341]]


[GRAPHIC] [TIFF OMITTED] TN26SE22.006


    Dated: September 21, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2022-20774 Filed 9-23-22; 8:45 am]
BILLING CODE 5001-06-C


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