[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Notices]
[Pages 29134-29137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10141]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Department of Defense Science and Technology Reinvention
Laboratory Personnel Demonstration Project
AGENCY: Office of the Under Secretary of Defense for Research and
Engineering (OUSD(R&E)), Department of Defense (DoD).
ACTION: This notice provides a new authority to all Science and
Technology Reinvention Laboratory (STRL) Personnel Demonstration
Projects.
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SUMMARY: STRLs with published demonstration project plans may implement
the flexibility of a supplemental pay provision based on criteria as
defined by the STRL director.
DATES: This proposal may not be implemented until a 30-day comment
period is provided, comments addressed, and a final Federal Register
Notice (FRN) is published. To be considered, written comments must be
submitted on or before June 13, 2022.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Department of Defense, Office of the Assistant to the
Secretary of Defense for Privacy, Civil Liberties, and Transparency,
Regulatory Directorate, 4800 Mark Center Drive, Attn: Mailbox 24, Suite
08D09, Alexandria, VA 22350-1700.
Instructions: All submissions received must include the agency
name, docket 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 http://www.regulations.gov as they are received, without
change, including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT:
[[Page 29135]]
Department of Defense:
Office of the Under Secretary of Defense (Research and
Engineering), Laboratories and Personnel Office: Dr. Jagadeesh
Pamulapati, 571-372-6372, [email protected].
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, 830-469-2057,
[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's Command,
Control, Communications, Computers, Cyber, Intelligence, Surveillance,
and Reconnaissance Center: Ms. Angela Clybourn, 443-395-2110,
[email protected].
Combat Capabilities Development Command's Ground Vehicle
Systems Center: Ms. Jennifer Davis, 586-306-4166,
[email protected].
Combat Capabilities Development Command's 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].
SUPPLEMENTARY INFORMATION:
1. Background
Title 10 United States Code (U.S.C.) 4121 authorizes the Secretary
of Defense, through OUSD(R&E), to exercise the authorities granted to
the Office of Personnel Management (OPM) under 5 U.S.C. 4703 to conduct
personnel demonstration projects at DoD laboratories designated as
STRLs. All STRLs authorized pursuant to 10 U.S.C. 4121 may use the
provisions described in this FRN. STRLs implementing these
flexibilities must have an approved personnel demonstration project
plan published in an FRN and must fulfill any collective bargaining
obligations. Each STRL will establish internal operating procedures as
appropriate.
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
U.S. Army Combat Capabilities Development Command's Armaments
Center
U.S. Army Combat Capabilities Development Command's Army
Research Laboratory
U.S. Army Combat Capabilities Development Command's Aviation
and Missile Center
U.S. Army Combat Capabilities Development Command's Chemical
Biological Center
U.S. Army Combat Capabilities Development Command's Command,
Control, Communications, Computers, Cyber, Intelligence, Surveillance,
and Reconnaissance Center
U.S. Army Combat Capabilities Development Command's Ground
Vehicle Systems Center
U.S. Army Combat Capabilities Development Command's Soldier
Center
U.S. Army Engineer Research and Development Center
U.S. Army Medical Research and Development Command
U.S. Army Space and Missile Defense Command's Technical Center
Naval Air Systems Command Warfare Centers
Naval Facilities Engineering Command Systems 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. Overview
I. Introduction
A. Purpose
Some STRLs have adopted supplemental pay flexibilities that are
based on the OPM special salary rate tables that provide for higher
salaries than the General Schedule (GS) tables. This supplemental pay
flexibility permits STRLs to independently establish supplemental pay
rates based on market conditions to help STRLs attract, recruit, and
retain a high caliber workforce. Competing with private sector
compensation is particularly challenging, especially in emerging
mission areas such as hypersonics, autonomy, cybersecurity, and data
science. This flexibility may not be used in conjunction with any
statutory enhanced pay authority, such as the pay authority for Senior
Scientific Technical Managers in 10 U.S.C. 4091, or the pay authority
for Experts in Science and Engineering in 10 U.S.C. 4092.
B. Required Waivers to Law and Regulation
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. Title 10 U.S.C. 4121(a)(5) states that the limitations on pay
fixed by administrative action in 5 U.S.C. 5373 do not apply to the
STRL demonstration project authority to prescribe salary
[[Page 29136]]
schedules and other related benefits. 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
may use the provisions described in this FRN.
II. Personnel System Changes
A. Description and Implementation
STRL directors may establish supplemental pay rates to be paid bi-
weekly, as other pay, for those positions which warrant higher
compensation than that provided by the established broadband salary
ranges, STRL staffing supplements or differentials, or other
recruitment or retention authorities. The STRL director may establish
supplemental pay rates by occupational series, specialty, competency,
broadband level, and/or geographical area. In establishing such rates,
the STRL director may consider: Rates of pay offered by non-Federal or
other alternative pay system employers that are considerably higher
than rates payable by the STRL; the remoteness of the area or location
involved; the undesirability of the working conditions or nature of the
work involved; evidence that the position is of such a specialized
nature that very few candidates exist; numbers of existing vacant
positions and the length of time vacant; numbers of employees who have
voluntarily left positions; evidence to support a conclusion that
recruitment or retention problems likely will develop (if such problems
do not already exist) or will worsen; consideration of use of other pay
flexibilities as well as the use of non-pay solutions; or any other
circumstances the STRL director considers appropriate. Documentation of
the determination will be maintained by the STRL.
This supplemental pay is in addition to any other pay, such as
locality-based comparability payments authorized under 5 U.S.C. 5304
and may result in compensation above Level IV of the Executive Schedule
but may not exceed Level I of the Executive Schedule.
An established total salary including supplemental pay is
considered basic pay for the same purposes as a locality rate under 5
CFR 531.606(b) (i.e., for purposes of retirement, life insurance,
premium pay, severance pay and advances in pay). It will also be used
to compute worker's compensation payments and lump-sum payments for
accrued and accumulated annual leave.
The STRL director has an ongoing responsibility to evaluate the
need for continuing payment of the supplemental pay and shall terminate
or reduce the amount if conditions warrant. Conditions to be considered
are: Changes in labor-market factors; the need for the services or
skills of the employee has reduced to a level that makes it unnecessary
to continue payment at the current level; or budgetary considerations
make it difficult to continue payment at the current level. The
reduction or termination of the payment is not considered an adverse
action and may not be appealed or grieved. The applicant or employee
will sign a statement of understanding outlining that the supplement
may be reduced or terminated at any time based on conditions as
determined by the STRL director. The documentation of the determination
will be maintained by the STRL.
B. Evaluation
Procedures for evaluating this authority will be incorporated into
the STRL demonstration project evaluation processes conducted by the
STRLs, OUSD(R&E), or Component headquarters, as appropriate.
C. Reports
STRLs will track and provide information and data on the use of
this authority when requested by the Component headquarters or
OUSD(R&E).
Dated: May 4, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
III. Required Waivers to Law and Regulations
Appendix A--Waivers to Title 5, U.S.C.
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Title 5, Code of Federal
Title 5, United States Code Regulations
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5 U.S.C. 5303(f)--Annual Adjustments to 5 CFR Part 530, subpart B--
pay schedules. Waived to allow pay Aggregate Limitation on Pay.
(disregarding comparability pay) to Waived in its entirety to
exceed level V of the Executive allow STRL director to
Schedule. authorize supplemental pay as
defined in this FRN.
5 U.S.C. 5304(g)(1)--Locality-based 5 CFR Part 530.203--
comparability payments. Waived to Administration of aggregate
allow pay in excess of level IV of the limitation on pay. Waived to
Executive Schedule. allow pay and allowances,
differentials, bonuses,
awards, or other similar cash
payments, including
supplemental pay in excess of
level I of the Executive
Schedule.
5 U.S.C. 5304(h)(1)(D)--Locality-based 5 CFR Part 531.606(a)--Maximum
comparability payments. Waived to limits on locality rates.
allow pay in excess of level IV of the Waived to allow pay in excess
Executive Schedule. of level IV of the Executive
Schedule.
5 U.S.C. 5305--Special Pay Authority. 5 CFR Part 531.606(b)(3)--
Waived in its entirety as to allow the Maximum limits on locality
STRL director to establish rates. Waived to allow pay in
supplemental pay and to allow pay in excess of level IV of the
excess of level IV of the Executive Executive Schedule.
Schedule.
5 U.S.C. 5307--Limitation on certain 5 CFR Part 531.608--
payments. Waived to allow pay and Relationship of locality rates
allowances, differentials, bonuses, to other pay rates. Waived to
awards, or other similar cash apply the provisions of this
payments, including supplemental pay FRN.
in excess of Level I of the Executive
Schedule.
5 U.S.C. 5373--Limitation on pay fixed 5 CFR Part 531.610(a), (b),
by administrative action. Waived to (c), (d), (e)--Treatment of
the extent necessary to allow basic locality rate as basic pay.
pay and supplemental pay to exceed Waived to the extent to allow
level IV of the Executive Schedule. other pay to be considered as
basic pay for purposes of the
provisions of this FRN.
5 U.S.C. 5547--Limitation on premium 5 CFR Part 550.105--Premium Pay
pay. Waived to the extent necessary to Biweekly maximum earnings
allow basic pay and supplemental pay limitation. Waived to the
to exceed level IV of the Executive extent necessary to allow
Schedule. basic pay and supplemental pay
to exceed level IV of the
Executive Schedule.
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Appendix B--Authorized STRLs and Federal Register Notices
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STRL Federal Register Notice
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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 Behavioral 85 FR 76038.
and Social Sciences.
U.S. Army Combat Capabilities 76 FR 3744.
Development Command's Armaments Center.
U.S. Army Combat Capabilities 63 FR 10680.
Development Command's Army Research
Laboratory.
U.S. Army Combat Capabilities 62 FR 34906 and 62 FR 34876
Development Command's Aviation and amended by 65 FR 53142 (AVRDEC
Missile Center. and AMRDEC merged).
U.S. Army Combat Capabilities 74 FR 68936.
Development Command's Chemical
Biological Center.
U.S. Army Combat Capabilities 66 FR 54872.
Development Command's Command,
Control, Communications, Cyber,
Intelligence, Surveillance, and
Reconnaissance Center.
U.S. Army Combat Capabilities 76 FR 12508.
Development Command's Ground Vehicle
Systems Center.
U.S. Army Combat Capabilities 74 FR 68448.
Development Command's Soldier Center.
U.S. Army Engineer Research and 63 FR 14580 amended by 65 FR
Development Center. 32135.
U.S. Army Medical Research and 63 FR 10440.
Development Command.
U.S. Army Space and Missile Defense 85 FR 3339.
Command's Technical Center.
Naval Air Systems Command Warfare 76 FR 8530.
Centers.
Naval Facilities Engineering Command 86 FR 14084.
Systems 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.
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[FR Doc. 2022-10141 Filed 5-11-22; 8:45 am]
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