[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Notices]
[Pages 40200-40203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14308]


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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 documents an enhanced pay authority for all science 
and technology reinvention laboratory (STRL) personnel demonstration 
(demo) projects authorized pursuant to section 4121 of title 10, United 
States Code (U.S.C.).

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SUMMARY: STRLs with published demonstration project plans may implement 
the enhanced pay authority for positions classified above the GS-15 
equivalent level, as described within this notice.

DATES: Implementation will begin no earlier than July 6, 2022.

FOR FURTHER INFORMATION CONTACT: 
    Department of Defense:
     Office of the Under Secretary of Defense (Research and 
Engineering), DoD Laboratories, FFRDCs & UARCs Office: Dr. Ben Petro, 
571-286-6265, [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. Marlow 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:

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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: Ms. Angela Clybourn, 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].

SUPPLEMENTARY INFORMATION: 

1. Background

    As authorized by section 4121 of title 10, United States Code 
(U.S.C.), the Secretary of Defense (SECDEF), through the USD(R&E), may 
conduct personnel demonstration projects at DoD laboratories designated 
as STRLs.
    STRLs implementing the flexibility described herein must have an 
approved personnel demonstration project plan published in a Federal 
Register Notice (FRN) and must fulfill any collective bargaining 
obligations. Each STRL will establish internal operating procedures 
(IOPs) 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
 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, 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, US Army Space and Missile Defense Command
 Naval Air Systems Command Warfare Centers
 Naval Facilities Engineering Systems 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. Overview

I. Introduction

A. Purpose

    With the approval of the service acquisition executive of the 
military department concerned, the STRLs may fill a specified number of 
positions using an enhanced pay authority in order to assist the 
military departments in attracting and retaining high-quality 
acquisition and technology experts in positions responsible for 
managing and performing complex, high-cost, research and technology 
development efforts in the STRLs.

B. Required Waivers to Law and Regulation

    Pursuant to 10 U.S.C. 4121(a)(3), the Secretary of Defense is not 
limited by any lack of specific authority under 5 U.S.C., or any 
inconsistent provision of 5 U.S.C., related to prescribing the method 
of classifying positions and compensating or incentivizing employees. 
Pursuant to 10 U.S.C. 4121(a)(5), the pay limitations in 5 U.S.C. 5373, 
do not apply to the authority of the Secretary to prescribe salary 
schedules and other related benefits. Waivers and adaptations of any 5 
U.S.C., provision and any rule or regulation prescribed under this 
title are required only to the extent that these statutory and 
regulatory provisions limit or are inconsistent with the actions 
authorized herein.

C. Participating Organizations and Employees

    All DoD laboratories designated as STRLs by 10 U.S.C. 4121(b), as 
well as any additional laboratories designated as STRLs by SECDEF, 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

    This authority may be used only to the extent necessary to 
competitively recruit or retain individuals exceptionally well 
qualified for positions as described herein. This authority may only be 
used for a total of 20 STRL positions across all DoD Components at any 
one time. Each Military Department may use the authority for up to five 
positions unless the USD(R&E) authorizes its use for additional 
positions.
    The enhanced pay authority may be carried out only with approval of 
the service acquisition executive of the military department concerned. 
Implementation, as described herein, may be delegated to the STRL 
commander/director.
    The positions eligible under this authority are positions that:
    (a) Require expertise of an extremely high level in a scientific, 
technical, professional, or acquisition management field; and
    (b) Are critical to the successful accomplishment of an important 
research or technology development mission.
    The service acquisition executive of the military department 
concerned may

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approve a rate of basic pay up to 150 percent of the rate of basic pay 
payable for Level I of the Executive Schedule. Upon approval of the 
secretary of the military department concerned, the rate of basic pay 
may be fixed at a rate in excess of 150 percent of the rate of basic 
pay payable for Level I of the Executive Schedule.
    The position classification document will describe the important, 
regular and recurring duties and responsibilities assigned to the 
position. Positions classified under this authority are in the 
competitive service, are above a grade equivalent to GS-15, and are in 
the AD (administratively determined) pay plan. Classification authority 
for these positions resides with the STRL Director.
    Public notice or other recognized recruitment sources (e.g. 
recruiter/headhunter, STRL website, professional journal publication, 
etc.) will be used to advertise positions approved for use of this 
authority. Applicable direct hire authorities may be used to appoint 
candidates.
    Qualified individuals are those individuals who meet the minimum 
education requirements for the position as published in the Office of 
Personnel Management (OPM) operating manual, ``Qualification Standards 
for General Schedule Positions'', and who possess high-level experience 
managing and performing complex, high-cost research and technology 
development efforts.
    Appointments using this authority will be temporary or term 
appointments. Temporary appointments are for a period of less than one 
year. Term appointments are for a period of more than one year and less 
than five years in duration. The first two years of a new term 
appointment will serve as the employee's trial period. Individuals 
appointed under this authority are eligible for employee programs and 
benefits comparable to those provided to similar employees at each 
STRL.
    An employee appointed to a position using this authority may 
receive annual and/or merit pay increases, provided the rate of basic 
pay does not exceed 150 percent of the rate of basic pay payable for 
Level I of the Executive Schedule or the increased rate of basic pay is 
approved by the secretary of the military department concerned. Rates 
of basic pay established under this authority may be adjusted without 
higher level approval by the same percentage rate authorized in the 
annual pay adjustment for Level I of the Executive Schedule, as 
provided in an Executive Order or an act of Congress. Recruitment, 
relocation and retention incentives may be utilized in order to attract 
and retain individuals possessing the caliber of experience required of 
these positions. The aggregate limitation on pay in 5 U.S.C. 5307, is 
waived to permit payment of allowances, differentials, bonuses, awards 
or other similar cash payments when such payments would cause the total 
pay (basic pay and other cash payments) in a calendar year to exceed 
Level I of the Executive Schedule. Each STRL will document pay setting 
criteria in internal operating procedures.
    Each STRL will develop performance plans to evaluate individuals 
appointed using this pay authority.
    (a) The performance plan will identify performance/contribution 
factors that identify the successful outcomes of the organization's 
strategic goals and the position's assigned duties.
    (b) The performance plan may provide a means for merit pay 
increases.
    (c) Each STRL will determine the appropriate performance appraisal 
period under its respective appraisal program for individuals evaluated 
under this pay authority.
    Appointments are documented citing the legal authority code (LAC)/
legal authority used to appoint the individual (e.g., STRL direct hire 
authority) and Z2U/10 U.S.C. 4121. Grade and step are documented as 
``00''. Current Federal employees may be converted to a term 
appointment for up to five years.

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 specific military department 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: June 27, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

         Appendix A--Waivers to Title 5, U.S.C. and Title 5 CFR
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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
 pay schedules. Waived to the extent to
 allow pay rates as described in this
 FRN.
5 U.S.C. 5306(e)--Pay fixed by
 administrative action. Waived to the
 extent to allow pay rates as described
 in this FRN.
5 U.S.C. 5307--Limitation on certain     5 CFR Parts 530.201--203--
 payments. Waived to the extent to        Aggregate limitation on pay.
 allow payment of allowances,             Waived to the extent to allow
 differentials, bonus, awards, or other   payment of allowances,
 similar cash payment to cause            differentials, bonus, awards,
 compensation during calendar year to     or other similar cash payment
 exceed Level I of the Executive          to cause compensation during
 Schedule as described in this FRN.       calendar year to exceed Level
                                          I of the Executive Schedule as
                                          described in this FRN.
5 U.S.C. 5376--Pay for Certain senior
 level positions. Waived to the extent
 to allow pay rates as described in
 this FRN.
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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.
Combat Capabilities Development Command  76 FR 3744.
 Armaments Center.
Combat Capabilities Development Command  63 FR 10680.
 Army Research Laboratory.

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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.
Command, Control, Communications,        66 FR 54872.
 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, US 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.
 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. 2022-14308 Filed 7-5-22; 8:45 am]
BILLING CODE 5001-06-P