Department of Defense Science and Technology Reinvention Laboratory (STRL) Personnel Demonstration (Demo) Project Program, 58334-58341 [2022-20774]
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[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:
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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.
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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
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• 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.
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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:
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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
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EN26SE22.006
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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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