Notice2022-20774
Department of Defense Science and Technology Reinvention Laboratory (STRL) Personnel Demonstration (Demo) Project Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 26, 2022
Issuing agencies
Defense Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 185 (Monday, September 26, 2022)</title>
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[Federal Register Volume 87, Number 185 (Monday, September 26, 2022)]
[Notices]
[Pages 58334-58341]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20774]
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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.
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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:
<bullet> Air Force Research Laboratory: Ms. Rosalyn Jones-Byrd,
937-656-9747, <a href="/cdn-cgi/l/email-protection#580a372b39342136761237363d2b751a212a3c182d2b76393e76353134"><span class="__cf_email__" data-cfemail="df8db0acbeb3a6b1f195b0b1baacf29da6adbb9faaacf1beb9f1b2b6b3">[email protected]</span></a>.
<bullet> Joint Warfare Analysis Center: Ms. Amy Balmaz, 540-653-
8598, <a href="/cdn-cgi/l/email-protection#2e6f4357007a006c4f42434f54004d47586e434f474200434742"><span class="__cf_email__" data-cfemail="1f5e7266314b315d7e73727e65317c76695f727e767331727673">[email protected]</span></a>.
Department of the Army:
<bullet> Army Futures Command: Ms. Marlowe Richmond, 512-726-4397,
<a href="/cdn-cgi/l/email-protection#0c616d7e60637b69227e656f6461636268226f657a4c6d7e617522616560"><span class="__cf_email__" data-cfemail="f4999586989b8391da869d979c999b9a90da979d82b49586998dda999d98">[email protected]</span></a>.
<bullet> Army Research Institute for the Behavioral and Social
Sciences: Dr. Scott Shadrick, 254-288-3800,
<a href="/cdn-cgi/l/email-protection#abf8c8c4dfdfc2ce85e985f8c3cacfd9c2c8c085c8c2ddebcad9c6d285c6c2c7"><span class="__cf_email__" data-cfemail="9ecdfdf1eaeaf7fbb0dcb0cdf6fffaecf7fdf5b0fdf7e8deffecf3e7b0f3f7f2">[email protected]</span></a>.
<bullet> Combat Capabilities Development Command Armaments Center:
Mr. Mike Nicotra, 973-724-7764, <a href="/cdn-cgi/l/email-protection#7e33171d161f1b1250345030171d110a0c1f501d17083e131f171250131712"><span class="__cf_email__" data-cfemail="99d4f0faf1f8fcf5b7d3b7d7f0faf6edebf8b7faf0efd9f4f8f0f5b7f4f0f5">[email protected]</span></a>.
<bullet> Combat Capabilities Development Command Army Research
Laboratory: Mr. Christopher Tahaney, 410-278-9069,
<a href="/cdn-cgi/l/email-protection#e7a48f958e949388978f8295c9b4c9b3868f8689829ec9848e91a786958a9ec98a8e8b"><span class="__cf_email__" data-cfemail="c88ba0baa1bbbca7b8a0adbae69be69ca9a0a9a6adb1e6aba1be88a9baa5b1e6a5a1a4">[email protected]</span></a>.
<bullet> Combat Capabilities Development Command Aviation and
Missile Center: Ms. Nancy Salmon, 256-876-9647,
<a href="/cdn-cgi/l/email-protection#733d121d100a5d305d20121f1e1c1d415d101a053312011e0a5d1e1a1f"><span class="__cf_email__" data-cfemail="37795659544e19741964565b5a58590519545e417756455a4e195a5e5b">[email protected]</span></a>.
<bullet> Combat Capabilities Development Command Chemical
Biological Center: Ms. Patricia Milwicz, 410-417-2343,
<a href="/cdn-cgi/l/email-protection#d989b8adabb0bab0b8f795f794b0b5aeb0baa3f7bab0af99b8abb4a0f7b4b0b5"><span class="__cf_email__" data-cfemail="7c2c1d080e151f151d5230523115100b151f06521f150a3c1d0e110552111510">[email protected]</span></a>.
<bullet> Combat Capabilities Development Command Command, Control,
Communications, Computers, Cyber, Intelligence, Surveillance, and
Reconnaissance Center: Mr. Gregory Peck, 443-395-2110,
<a href="/cdn-cgi/l/email-protection#0a4d786f6d657873244b245a6f69613b3c2469637c4a6b78677324676366"><span class="__cf_email__" data-cfemail="24635641434b565d0a650a7441474f15120a474d52644556495d0a494d48">[email protected]</span></a>.
<bullet> Combat Capabilities Development Command Ground Vehicle
Systems Center: Ms. Jennifer Davis, 586-306-4166,
<a href="/cdn-cgi/l/email-protection#eca6898282858a899ec2a0c2a88d9a859fddc28f859aac8d9e8195c2818580"><span class="__cf_email__" data-cfemail="206a454e4e494645520e6c0e6441564953110e4349566041524d590e4d494c">[email protected]</span></a>.
<bullet> Combat Capabilities Development Command Soldier Center:
Ms. Joelle Montecalvo, 508-206-3421, <a href="/cdn-cgi/l/email-protection#0d47626861616823462340626379686e6c617b62236e647b4d6c7f607423606461"><span class="__cf_email__" data-cfemail="f3b99c969f9f96ddb8ddbe9c9d879690929f859cdd909a85b392819e8add9e9a9f">[email protected]</span></a>.
<bullet> Engineer Research and Development Center: Ms. Patricia
Sullivan, 601-634-3065, <a href="/cdn-cgi/l/email-protection#14447560667d777d753a593a476178787d62757a5461677577713a7566796d3a797d78"><span class="__cf_email__" data-cfemail="6838091c1a010b01094625463b1d0404011e0906281d1b090b0d46091a051146050104">[email protected]</span></a>.
<bullet> Medical Research and Development Command: Ms. Linda Krout,
301-619-7276, <a href="/cdn-cgi/l/email-protection#8ac6e3e4eeeba4c0a4c1f8e5fffea4e9e3fccae7ebe3e6a4e7e3e6"><span class="__cf_email__" data-cfemail="74381d1a10155a3e5a3f061b01005a171d023419151d185a191d18">[email protected]</span></a>.
<bullet> Technical Center, Space and Missile Defense Command: Dr.
Chad Marshall, 256-955-5697, <a href="/cdn-cgi/l/email-protection#b8fbd0d9dc96f296f5d9cacbd0d9d4d496dbd1cef8d9cad5c196d5d1d4"><span class="__cf_email__" data-cfemail="a3e0cbc2c78de98deec2d1d0cbc2cfcf8dc0cad5e3c2d1ceda8dcecacf">[email protected]</span></a>.
Department of the Navy:
<bullet> Naval Air Warfare Center, Weapons Division and Aircraft
Division: Mr. Richard Cracraft, 760-939-8115,
<a href="/cdn-cgi/l/email-protection#b2e0dbd1dad3c0d69cf39cf1c0d3d1c0d3d4c6809cd1dbc4f2c7c19cdcd3c4cb9cdfdbde"><span class="__cf_email__" data-cfemail="db89b2b8b3baa9bff59af598a9bab8a9babdafe9f5b8b2ad9baea8f5b5baada2f5b6b2b7">[email protected]</span></a>.
<bullet> Naval Facilities Engineering Command Engineering and
Expeditionary Warfare Center: Ms. Lori Leigh, 805-901-5917,
<a href="/cdn-cgi/l/email-protection#df93b0adb6f19ef193bab6b8b7f1bcb6a99faaacf1b1bea9a6f1b2b6b3"><span class="__cf_email__" data-cfemail="014d6e73682f402f4d646866692f6268774174722f6f6077782f6c686d">[email protected]</span></a>.
<bullet> Naval Information Warfare Centers:
[cir] Naval Information Warfare Center Atlantic: Mr. Michael
Gagnon, 843-218-3871, <a href="/cdn-cgi/l/email-protection#317c58525950545d1f7d1f7650565f5e5f031f5258477144421f5f5047481f5c585d"><span class="__cf_email__" data-cfemail="d39ebab0bbb2b6bffd9ffd94b2b4bdbcbde1fdb0baa593a6a0fdbdb2a5aafdbebabf">[email protected]</span></a>.
[cir] Naval Information Warfare Center Pacific: Ms. Angela Hanson,
619-553-0833, <a href="/cdn-cgi/l/email-protection#40012e27252c216e196e08212e332f2e6e2329360035336e2e2136396e2d292c"><span class="__cf_email__" data-cfemail="1859767f7d74793641365079766b7776367b716e586d6b3676796e6136757174">[email protected]</span></a>.
<bullet> Naval Medical Research Center: Dr. Jill Phan, 301-319-
7645, <a href="/cdn-cgi/l/email-protection#1b717277773578356b737a753578726d5b767a727735767277"><span class="__cf_email__" data-cfemail="016b686d6d2f622f7169606f2f626877416c60686d2f6c686d">[email protected]</span></a>.
<bullet> Naval Research Laboratory: Ms. Ginger Kisamore, 202-767-
3792, <a href="/cdn-cgi/l/email-protection#b5f2dcdbd2d0c79bfedcc6d4d8dac7d0f5dbc7d99bdbd4c3cc9bd8dcd9"><span class="__cf_email__" data-cfemail="3a7d53545d5f48147153495b5755485f7a54485614545b4c4314575356">[email protected]</span></a>.
<bullet> Naval Sea Systems Command Warfare Centers: Ms. Diane
Brown, 215-897-1619, <a href="/cdn-cgi/l/email-protection#3c78555d52591276127e4e534b52125f554a7c494f12525d4a4512515550"><span class="__cf_email__" data-cfemail="f4b09d959a91dabedab6869b839ada979d82b48187da9a95828dda999d98">[email protected]</span></a>.
<bullet> Office of Naval Research: Ms. Margaret J. Mitchell, 703-
588-2364, <a href="/cdn-cgi/l/email-protection#0d406c7f6a6c7f68792347234064796e656861614d636c7b7423606461"><span class="__cf_email__" data-cfemail="1b567a697c7a697e6f35513556726f78737e77775b757a6d6235767277">[email protected]</span></a>.
DoD:
<bullet> Dr. Jagadeesh Pamulapati, Director, Laboratories and
Personnel Office, 571-372-6372, <a href="/cdn-cgi/l/email-protection#1258737573767777617a3c42737f677e736273667b3c717b64527f737b7e3c7f7b7e"><span class="__cf_email__" data-cfemail="b3f9d2d4d2d7d6d6c0db9de3d2dec6dfd2c3d2c7da9dd0dac5f3ded2dadf9ddedadf">[email protected]</span></a>.
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:
<bullet> Air Force Research Laboratory
<bullet> Joint Warfare Analysis Center
<bullet> Army Futures Command
<bullet> Army Research Institute for the Behavioral and Social Sciences
[[Page 58335]]
<bullet> Combat Capabilities Development Command Army Research
Laboratory
<bullet> Combat Capabilities Development Command Armaments Center
<bullet> Combat Capabilities Development Command Aviation and Missile
Center
<bullet> Combat Capabilities Development Command Chemical Biological
Center
<bullet> Combat Capabilities Development Command Command, Control,
Communications, Computers, Cyber, Intelligence, Surveillance, and
Reconnaissance Center
<bullet> Combat Capabilities Development Command Ground Vehicle Systems
Center
<bullet> Combat Capabilities Development Command Soldier Center
<bullet> Engineer Research and Development Center
<bullet> Medical Research and Development Command
<bullet> Technical Center, U.S. Army Space and Missile Defense Command
<bullet> Naval Air Warfare Center
<bullet> Naval Facilities Engineering Command Engineering and
Expeditionary Warfare Center
<bullet> Naval Information Warfare Centers, Atlantic and Pacific
<bullet> Naval Medical Research Center
<bullet> Naval Research Laboratory
<bullet> Naval Sea Systems Command Warfare Centers
<bullet> 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
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