[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Notices]
[Pages 38896-38899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17310]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Science and Technology Reinvention Laboratory (STRL) Personnel 
Management Demonstration Project, Department of the Air Force, Air 
Force Research Laboratory (AFRL)

AGENCY: Assistant Secretary of Defense for Research and Engineering, 
DoD.

ACTION: Notice of amendment to AFRL's demonstration project plan.

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SUMMARY: AFRL will implement a flexible term appointment and a flexible 
extended temporary promotion authority for its Scientific and 
Professional Positions (ST) and Senior Scientific Technical Manager 
(SSTM) incumbents. The need for ST and SSTM positions in particular 
technology areas diminishes as the emerging technology becomes more 
established over time and a set of trained scientists and engineers are 
groomed to support the new core technical competency. AFRL needs this 
flexibility to better manage its ST and SSTM cadre in order to ensure 
critical technologies are led by high-caliber ST and SSTM incumbents.
    The extended probationary period currently authorized for AFRL 
Science and Engineering (S&E) provides a longer period to evaluate an 
individual's ability to adequately contribute to the AFRL mission and 
coincides with the extensive Research and Development (R&D) process. 
That same evaluation period is needed for the SSTM cadre.

DATES: This notice may be implemented beginning on August 16, 2017.

FOR FURTHER INFORMATION CONTACT: 
     AFRL: Ms. Rosalyn Jones-Byrd, Personnel Demonstration 
Project Manager, AFRL, 1864 4th Street, Wright-Patterson Air Force 
Base, OH 45433-5209; [email protected].
     DoD: Dr. Jagadeesh Pamulapati, Direct, Defense 
Laboratories, 4800 Mark Center Dr., Alexandria, 22350-1100; 
[email protected].

SUPPLEMENTARY INFORMATION: 

1. Background

    This notice amends the AFRL's demonstration project plan published 
in the Federal Register on August 30, 2010 (75 FR 53076).
    Section 342(b) of the National Defense Authorization Act (NDAA) for 
Fiscal Year (FY) 1995, Public Law (Pub. L.) 103-337, as amended by 
Section 1109 of the NDAA for FY 2000, Public Law 106-65, and Section 
1114 of the NDAA for FY 2001, Public Law 106-398, authorizes the 
Secretary of Defense (SECDEF) to conduct personnel demonstration 
projects at DoD laboratories designated as STRLs. All STRLs authorized 
by Section 1105 of the NDAA for FY 2010, Public Law 111-84, as well as 
any newly-designated STRLs authorized by SECDEF or future legislation, 
may use the provisions described in this Federal Register Notice (FRN). 
STRLs implementing this flexibility must have an approved personnel 
management demonstration project plan published in a FRN and shall 
fulfill any collective bargaining obligations.
    AFRL currently has fewer ST allocations than it did in 2014, and 
has identified and prioritized new or emergent technical focus areas 
which will replace several of the current allocations as vacancies 
occur. ST positions within the laboratory are established for 
individuals to lead research in emerging technology areas and mentor 
young scientists and engineers to attain competence in the new 
technology areas. Currently AFRL

[[Page 38897]]

fills ST positions permanently as career appointments with a one-year 
probationary period. These ST positions are typically filled from among 
current government employees or candidates new to government service.
    The SSTM authority was authorized in section 1107 of the NDAA for 
FY 2014, Pub. L. 113-66 and is newly-available to AFRL. These positions 
are senior professional scientific and technical positions classified 
above the General Schedule (GS) GS-15 level of the Schedule. Incumbents 
primarily engage in research and development in the physical, 
biological, medical, or engineering sciences or another field closely 
related to the mission of AFRL, and provide technical supervision over 
such programs. It is anticipated that these SSTM positions will be 
filled from among current government employees or candidates new to 
government service.

2. Overview

I. Introduction

A. Purpose
    This notice provides a new approach to filling ST and SSTM 
positions within AFRL by allowing a time-limited, renewable appointment 
or temporary promotion, depending upon candidate source, in order to 
provide needed flexibility in managing the ST and SSTM cadre. It also 
provides authority to apply the extended probationary period to SSTM 
incumbents.
B. Required Waivers to Law and Regulation
    Waivers and adaptations of certain title 5, U.S Code (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 this demonstration 
project. Appendix A lists waivers needed to enact authorities described 
in this FRN and are in addition to those listed in 75 FR 53076. Nothing 
in this plan is intended to preclude the demonstration project from 
adopting or incorporating any law or regulation enacted, adopted, or 
amended after the effective date of this FRN.
C. Problems With the Present System and Expected Benefit
    Given the limited number of ST allocations within the laboratory, 
it is critical to have the ability to establish new ST positions as 
needed, and transition technology areas from emerging to established. 
AFRL currently has ST incumbents who have been in their position(s) for 
as long as 18 years, where the need for an ST leader in that technical 
specialty may no longer exist. With the limited number of ST positions, 
AFRL does not want to limit movement opportunities for the incumbents 
or limit the technology area for a given ST position. Current 
regulations provide no flexibility to remove incumbents other than 
through adverse action procedures, which prevents the lab from 
effectively using ST and SSTM employees. Flexible term appointments and 
extended temporary promotions will provide a mechanism to bring ST and 
SSTM candidates into AFRL for a limited period and allow for time 
extensions to accommodate ongoing needs.

II. Personnel System Changes

A. Hiring and Appointment Authorities
1. Description of Hiring Process
(The following replaces the 1st paragraph in Section III. A. 1. of 75 
FR 53076)
    At this time, AFRL is implementing a streamlined examination 
process, as demonstrated in other Defense Personnel Management 
Demonstration Project laboratories. This applies to all positions in 
AFRL, with the exception of Senior Executive Service (SES), Scientific 
or Professional (ST), and broadband V positions and any examination 
process covered by court order. ST positions will be filled in 
accordance with 5 U.S.C. 3325 and any applicable Air Force guidance 
using internal and/or external recruitment procedures and may use the 
flexible term appointment and temporary promotion authorities described 
in Section III.A.4. SSTM positions will be filled in accordance with 
provisions in 79 FR 43727 and any AFRL internal operating procedures, 
and may use the flexible term appointment and temporary promotion 
authorities described in Section III.A.4. AFRL has authority for the 
coordination of recruitment and public notices, the administration of 
the examining process, the certification of candidates, and selection 
and appointment consistent with merit system principles, to include 
existing authorities under title 5, U.S.C. and title 5, CFR. The ``rule 
of three'' is eliminated, similar to the authorities granted to: (1) 
Naval Research Laboratory (NRL), 64 FR 33970, June 24, 1999; (2) Naval 
Sea (NAVSEA) Systems Command Warfare Centers, 62 FR 64050, December 3, 
1997; and (3) United States Army Communications-Electronics Command 
(CECOM), Research, Development and Engineering (RDE) Community, 66 FR 
54871, October 30, 2001. When there are no more than 15 qualified 
applicants and no preference-eligibles, all eligible applicants are 
immediately referred to the selecting official without rating and 
ranking. Rating and ranking are required only when the number of 
qualified candidates exceeds 15, or there is a mix of preference and 
non-preference applicants. Statutes and regulations covering veterans' 
preference are observed in the selection process and when rating and 
ranking are required.
A. Hiring and Appointment Authorities
4. Modified Term Appointments and Flexible Term Appointments
(Change entire section to read:)

    AFRL conducts many R&D projects that range from three to six years. 
The current four-year limitation on term appointments imposes a burden 
on the Laboratory by forcing the termination of some term employees 
prior to completion of projects they were hired to support. This 
disrupts the R&D process and reduces AFRL's ability to serve its 
customers. AFRL has the authority to hire S&Es and support personnel on 
modified term appointments that may be used to fill positions for a 
period of more than one year but not more than five years when the need 
for an employee's services is not permanent. The modified term 
appointment differs from term employment as described in part 316 of 
title 5, CFR in that it may be made for a period not to exceed five 
years, rather than four years. Additionally, the AFRL Commander may 
extend a modified term appointment one additional year.
a. Modified Term Appointments
    An employee hired under the modified term appointment authority may 
be eligible for conversion to career appointment. To be converted, the 
employee must: (1) Have been selected for the initial term position 
under competitive procedures, with the announcement specifically 
stating that the individual(s) selected for a term position(s) may be 
eligible for conversion to career appointment at a later date; (2) 
served a minimum of one year of continuous service; and (3) have a 
current delta Contribution-based Compensation System (CCS) rating 
greater than -0.3.
b. Flexible Term Appointments
    AFRL has the authority to hire individuals onto ST and SSTM 
positions on flexible term appointments. These appointments are used to 
fill ST and SSTM positions for a period of more than one year but not 
more than

[[Page 38898]]

five years. The flexible term appointment differs from the modified 
term in that it may be made for a period up to five years and the AFRL 
Commander/Executive Director may extend the appointment in up to five-
year increments. Prior to extending a term appointment, management will 
make a determination if the work/services continue to be temporary in 
nature or should be made permanent. Candidates selected from outside 
the government may be hired using the flexible term appointment 
authority and may be eligible for conversion to career appointment if 
services are deemed permanent. To be converted, the employee must: (1) 
Have been notified in writing at the time of the initial appointment of 
the possibility for conversion to a permanent ST or SSTM position at a 
later date; (2) served a minimum of one year of continuous service; and 
(3) have at least a fully successful or equivalent ST or SSTM 
performance rating. Additionally, to be eligible for conversion, when 
positions being filled using the flexible term appointment authority 
are announced, whether via competitive or merit promotion procedures, 
the vacancy announcement must contain a statement notifying applicants 
that the position may be eligible for conversion to a permanent 
appointment. ST and SSTM employees serving under existing term 
appointments at the time of publication of this notice will convert to 
the new flexible term appointment provided they were notified in 
writing at the time of the initial appointment of the possibility they 
may be converted at a later date.
c. Extended Probationary or Trial Period
(Change Section III.A.5., to read:)

    New employees conducting scientific, engineering or technological 
activities need time and opportunities to demonstrate adequate 
contribution for a manager to render a thorough evaluation. The purpose 
of the extended probationary period or trial period is to allow 
supervisors an adequate period of time to fully evaluate an SSTM or S&E 
employee's contribution and conduct. An extended probationary or trial 
period of three years applies to all newly-hired SSTM and S&E employees 
as well as interns, other than those interns hired under the Pathways 
Programs, who are appointed based on their participation in an academic 
program leading toward a scientific or engineering degree, and 
individuals entering the Demonstration Project after a break in service 
of 30 calendar days or more. Current permanent Federal employees hired 
into the Demonstration Project are not required to serve a new 
probationary or trial period but are required to complete a 
probationary period required from the initial appointment. Probationary 
periods for employees in other career paths and pay plans, and 
supervisory probationary periods remain unchanged.
    Employees who enter the Demonstration Project with a break in 
service of less than 30 calendar days are not required to complete an 
extended probationary or trial period upon reappointment if their 
previous service was in the same line of work as determined by the 
employee's demonstration project duties and responsibilities. Upon 
reappointment, the period of previous employment is counted toward the 
completion of the probationary period required of the initial 
appointment.
    S&E and SSTM employees serving on modified or flexible term 
appointments serve a three-year trial period. Upon conversion to career 
appointment, the period of employment served on a modified or flexible 
term appointment is counted toward the completion of the extended 
probationary period.
    Aside from extending the time period, all other features of the 
current probationary or trial period are retained to include the 
requirements for determining creditable service as described in 5 CFR 
315.802(c), and the potential to remove an employee without providing 
the full substantive and procedural rights afforded a non-probationary 
employee when the employee fails to demonstrate proper conduct, 
competency, and/or adequate contribution during the extended 
probationary period. When terminating probationary or trial employees, 
AFRL provides employees with written notification of the reasons for 
their separation and provides the effective date of the action.

(Change the heading of Section III.A.6 to:)
d. Extended Temporary Promotions and Details and Flexible Temporary 
Promotions
1. Extended Temporary Promotions and Details
    Under GS rules, details and temporary promotions to higher graded 
positions cannot exceed 120 days without being made competitively. AFRL 
may effect details to higher broadband level positions and temporary 
promotions to positions (other than SES and ST) of not more than one 
year with or without competition, with the ability to extend one 
additional year within a 24-month period. This is similar to the 
authority granted to the NRL in 64 FR 33970, June 24, 1999.
2. Flexible Temporary Promotions
    AFRL may effect flexible temporary promotions to ST and SSTM 
positions for not more than five years, with the ability to extend in 
five-year increments for candidates who are current federal employees. 
Prior to extending a temporary promotion, management will make a 
determination if the work/services continue to be temporary in nature 
or should be made permanent. If not extended or made permanent, the 
employee will return to a position in AFRL comparable to the position 
held before the assignment. Upon termination of temporary promotion, 
pay will be set in accordance with Section III.B. of 75 FR 53076 and 
any AFRL internal operating procedures. Candidates may be eligible for 
conversion to a permanent ST or SSTM position if services are deemed 
permanent by the AFRL Commander. To be converted, the employee must: 
(1) Have been notified in writing at the time of the initial action of 
the possibility for conversion to permanent ST or SSTM position at a 
later date; (2) served a minimum of one year of continuous service in 
the temporary position; and (3) have at least a fully successful or 
equivalent ST or SSTM performance rating.

Appendix A

        United States Code and Code of Federal Regulations Waived
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                                             Title 5, Code of Federal
      Title 5, United States Code                  Regulations
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                                         Part 315, sections 315.801(a),
                                          (b)(1),(c) and (e); and
                                          sections 315.802(a) and
                                          (b)(1): Related to
                                          probationary period. (These
                                          sections are waived to allow
                                          for extended probationary or
                                          trial period of three years
                                          for all newly hired S&E and
                                          SSTM employees.)

[[Page 38899]]

 
                                         Part 316, sections 316.301,
                                          316.303, and 316.304: Term
                                          Employment. (These sections
                                          are waived to allow flexible
                                          term appointments as described
                                          in this Federal Register
                                          Notice.)
                                         Part 335, section 335.102(f);
                                          Agency authority to promote,
                                          demote, or reassign. (This
                                          section is waived to the
                                          extent necessary to allow
                                          temporary promotions as
                                          described in this Federal
                                          Register Notice.)
                                         Part 330, section 330.707(h):
                                          Exceptions to Interagency
                                          Career Transition Assistance
                                          Plan (ICTAP) selection
                                          priority. (This section is
                                          waived to the extent necessary
                                          to allow conversion to
                                          permanent positions without
                                          clearing ICTAP.)
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    Dated: August 11, 2017.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 2017-17310 Filed 8-15-17; 8:45 am]
 BILLING CODE 5001-06-P