[Federal Register Volume 85, Number 95 (Friday, May 15, 2020)]
[Notices]
[Pages 29414-29440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10481]
[[Page 29414]]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DOD-2019-OS-0128]
Science and Technology Reinvention Laboratory (STRL) Personnel
Management Demonstration Project in the Joint Warfare Analysis Center
(JWAC) of the United States Strategic Command (USSTRATCOM)
AGENCY: Under Secretary of Defense for Research and Engineering
(USD(R&E)), Department of Defense (DoD).
ACTION: Personnel demonstration project notice.
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SUMMARY: This Federal Register Notice (FRN) serves as notice of the
adoption of an existing STRL Personnel Demonstration Project by the
Joint Warfare Analysis Center (JWAC), United States Strategic Command
(USSTRATCOM). JWAC adopts, with some modifications, the STRL Personnel
Demonstration Project implemented at the Air Force Research Laboratory
(AFRL).
DATES: Implementation of this demonstration project will begin no
earlier than May 15, 2020.
FOR FURTHER INFORMATION CONTACT:
Joint Warfare Analysis Center (JWAC): Ms. Amy Balmaz,
Director, Human Resources, 4048 Higley Road, Dahlgren, VA 22448, (540)
653-8598, [email protected].
DoD: Dr. Jagadeesh Pamulapati, Director, Laboratories and
Personnel Office, 4800 Mark Center Drive, Alexandria, VA 22350, (571)
372-6372, [email protected].
SUPPLEMENTARY INFORMATION: Section 342(b) of the National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 1995, Public Law (Pub.
L.) 103-337; as amended, authorizes the Secretary of Defense (SECDEF),
through the USD(R&E), to conduct personnel demonstration projects at
DoD laboratories designated as STRLs.
1. Background
Many studies conducted since 1966 on the quality of the
laboratories and personnel have recommended improvements in civilian
personnel policy, organization, and management. Pursuant to the
authority provided in section 342(b) of Public Law 103-337, as amended,
a number of DoD STRL personnel demonstration projects have been
approved. The demonstration projects are ``generally similar in
nature'' to the Department of Navy's China Lake Personnel Demonstration
Project. The terminology, ``generally similar in nature,'' does not
imply an emulation of various features, but rather implies a similar
opportunity and authority to develop personnel flexibilities that
significantly increase the decision authority of laboratory commanders
and/or directors.
2. Overview
DoD published notice on November 21, 2019 in 84 FR 64283 that JWAC
will adopt, with some modifications, the STRL personnel demonstration
project published in 75 FR 53076, August 30, 2010, and implemented in
the AFRL. Section 1105(b) of the NDAA for FY 2010, as amended by
section 1104 of the NDAA for FY 2018, Public Law 115-91 authorizes JWAC
in the USSTRACOM to implement an STRL personnel demonstration project.
Adoption of the AFRL's personnel demonstration project, with
modifications, will enable JWAC to achieve the best workforce for its
mission, adjust the workforce for change, improve workforce quality,
and allow JWAC to acquire and retain an enthusiastic, innovative, and
highly educated and trained workforce, particularly scientific and
engineering professionals. Implementation of the JWAC personnel
demonstration project (JWAC-DP) is essential for competitive hiring and
retention of a highly qualified workforce.
3. Access to Flexibilities of Other STRLs
Flexibilities published in this FRN will be available for use by
the STRLs enumerated in section 1105 of the NDAA for FY 2010, Public
Law 111-84 as amended, if they wish to adopt them in accordance with
DoD Instruction 1400.37 (and its successor instructions) and after the
fulfillment of any collective bargaining obligations.
4. Summary of Comments
Sixteen comments were received electronically via the Federal
eRulemaking Portal regarding the Science and Technology Reinvention
Laboratory (STRL) Personnel Management Demonstration Project in the
Joint Warfare Analysis Center (JWAC) of the United States Strategic
Command (USSTRATCOM), Federal Register, 84 FR 64283, dated November 21,
2019. Of the 16 comments received, 4 were not relevant to this document
and are not addressed. The remaining comments by topical area and a
response to each are provided below
(1) Problems With the Present Systems
Comment: A commenter expressed concern about how this project will
enable JWAC to compete with the private sector and other government
agencies for the best talent and be able to make job offers in a timely
manner with the appropriate monetary compensation and incentives, while
not penalizing current employees.
Response: JWAC-DP flexibilities, such as broadbanding, flexible pay
setting and direct hire authorities, will aid in attracting the highly
sought after talent. The broadbanding structure and flexible pay
setting authorities will enable management to offer more competitive
starting salaries and broader pay ranges. The direct hire authorities
will allow JWAC to target specific occupations and recruiting events
and provide a more streamlined hiring experience for candidates.
Nevertheless, pay setting actions will continue to be constrained by
the JWAC civilian pay budget, which is not to be confused with the pay
pool budget applicable to Contribution-based Compensation System (CCS)
actions. Current employee salaries are an established part of the
civilian pay budget and civilian pay funds will not be reallocated to
disadvantage current employees. Rather, contribution-based pay parity
is achieved through the CCS assessment process.
(2) Personnel Policy Board
Comment: A commenter asked a series of questions relating to
section II. F. (Personnel Policy Board): ``How does the PPB ensure
accountability? Is this information shared with all employees to help
ensure accountability? If not, why? If this is done behind closed doors
then what true accountability is there? Pay secrecy helps make it
easier for management to be less accountable for their decision.
Management may want to keep in mind that many civil servant salaries
are actually published online for the entire world to see--with names.
If that is appropriate then is it 100% appropriate for fellow employees
within JWAC to have at a minimum a full picture of what awards were
given out. I am not suggesting to include names, but the monetary
information should be visible to all.''
Response: The Personnel Policy Board (PPB) ensures reasonable
transparency and appropriate accountability by publishing information
such as the annual compensation strategy, to include pay pool funding
decisions, pay pool process guidance, an aggregate rollup of CCS
results, and any changes to the JWAC-DP policies. The responsibilities
of the PPB will be detailed in the JWAC internal operating procedures
(IOPs), which will be available to all employees. Additionally the PPB
will review the results of the
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evaluation described in Section VII and will publish its conclusions.
(3) Pay Setting
Comment: A commenter asked whether there would be service
obligation periods for employees receiving a bonus (e.g., recruitment,
retention, or relocation) to prevent employee attempts to ``game'' the
system by taking a bonus and then leaving immediately.
Response: Use of these pay setting flexibilities will be governed
by internal JWAC IOPs which will require a continued service agreement
for such bonuses.
Comment: A commenter asked a series of questions about the ``demo
bonus'' available to employees converting into or hired into JWAC-DP:
``Where does this money come from? If it is from the general pot of
money how does offering bonuses to new employees not penalize existing
employees as money would be taken out of the pot of money being divided
for yearly payouts? Under pay setting ``demo bonus'': Why is the
limitation on the bonuses allowed with the total compensation not to
exceed Level 1 of the Executive schedule? That appears to mean that the
bonus could potentially be between 76,941 and 198,958! These potential
bonuses seem excessive as well as seem like an excessive amount of
leeway being given to management. While someone being given almost a
200K sign on bonus seems implausible, why is it even a granted option?
Wouldn't this be better written as a ``demo bonus'' up to X-thousand
dollars can be given, where total compensation for the year does not
exceed Level 1 of the Executive Schedule? On the flip side to retain a
highly preforming employee with an 'alternative employment opportunity'
that employee can only be offered a bonus up to 50% of one year of base
pay. This means a maximum of 68,329.50. (This authority in itself seem
excessive!) So in order to retain a proven worker JWAC is authorized to
give a bonus smaller than the bonus authority authorized to get a new-
unproven employee? Where does all this money come from, and how does
awarding these bonuses not affect the pay of other employees?''
Response: While the flexible pay setting authority is meant to help
the JWAC compete with private industry for high quality candidates, pay
setting actions will continue to be constrained by the JWAC civilian
pay budget which does not reallocate funds to disadvantage existing
employees. Moreover, JWAC-DP will continue to apply the aggregate pay
limitations in section 5307 of Title 5, United States Code (U.S.C.) and
part 503, subpart B of title 5 of the Code of Federal Regulations
(CFR). Under these provisions, an employee's total monetary
compensation (to include base pay and bonuses) may not exceed the basic
rate of pay in level I of the Executive Schedule ($219,200 for calendar
year 2020). To recruit top talent, management is otherwise afforded
significant flexibility to develop a compensation package, to include
annual pay and bonus, based on the employee's academic qualifications,
competencies, experience and anticipated contributions.
Comment: A commenter asked what limits are placed on how much
students returning to duty at JWAC can be paid incentives/bonuses?
Response: The PPB will determine the use and the financial limits
of this incentive. The initial incentive payment may be based on
anticipated expenses, or a portion thereof. Documentation, to include
receipts of actual expenses, must be provided by the student to
validate initial incentive payment and support potential future
payments. Actual expenses may include airline tickets, rental car, van
rental, driving cost from each location, and lodging. Management has
the discretion to determine the appropriate incentive amount, which may
or may not cover all expenses. Payments may be made incrementally
(e.g., monthly, quarterly). This authority is not intended to pay
moving expenses in conjunction with permanent appointment action.
(4) CCS
Comment: A commenter expressed concerns with the use of the word
``perceived'' in relation to employee accomplishments.
Response: The word has been removed.
Comment: A commenter asked a series of questions about application
of the General Pay Increase (GPI) to pay calculations: ``Are the rails
moved FIRST and then it is determined if someone falls within the rails
or above or below? Or is the location determination made first and then
the rail moved? What happens if (when) a late or even retroactive basic
pay rate increase occurs? All this could affect if someone gets the
basic rate increase or not. (Ex: someone was just above the rail so
they would not automatically get any late general basic pay rate).''
Response: Rail position is based on the current year's pay.
Retroactive changes to the General Pay Increase (GPI) do not affect pay
calculations, but only affect the amount of the GPI payout. Once the
retroactive increase is approved and ready to be processed, revised pay
transactions are sent through the personnel and pay systems to update
pay. The current STRL demonstration projects followed this process with
the retroactive change in GPI for 2019.
Comment: A commenter asked what concrete steps have been taken to
ensure that compensation bias does not affect the outcomes of this
program.
Response: The question does not identify the the bias of concern.
The Office of Personnel Management (OPM) reviewed how various
demographics have fared under the STRL personnel demonstration projects
and found the STRL results to be similar to GS employees. The Meetings
of Managers process used in this compensation system helps to alleviate
bias by using a group of managers who have been provided objective
criteria to make compensation decisions. Additionally, the PPB will
review and analyze annual CCS and evaluation results, and make overall
policy changes as needed.
Comment: A commenter made the following observations about
opportunities for employees to increase contribution levels in order to
receive pay increases: ``As this system is so dependent on
'contribution' what concrete steps are being taken to ensure that ALL
employees are given equal opportunity to contribute in a significant
way? In other words what does management do to ensure that every year,
every employee has the opportunity to advance and be rewarded equally?
This cannot be left up to the employee. Perhaps the employee is doing a
valid job that takes 100% of their time, but it is not an appreciated
job. Employees are not aware of all the opportunities that are
available, so they can't ask for an opportunity. And, of course they
don't control what they are given, even if they asked for new
opportunities. As an example: Say my given job was to empty the trash.
It takes all day and I don't have time to do anything else. No one else
is willing to do this job. People don't seem to appreciate the
contribution I make when the trash is emptied, but there will certainly
be criticism if the job is NOT done. Thus we don't give credit for a
good job being done which is a required (and very important) job. In
other words the true contribution is not acknowledged except in the
negative. If this job is going to continue to be discounted then what
opportunity will I be given to learn and practice a new skill which
makes a greater 'contribution'? Or as a flip side, what steps will be
taken to ensure that when
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management rates me, my 'contribution' is truly appropriately
acknowledged? The multiple level evaluations do not seem to alleviate
this issue. How is the actual opportunities the employee was given
taken into account? If they are, how will management ensure that the
general population actually believes this is true? How will management
prove it to the general worker? Bottom line: If an employee is not
given an opportunity to 'contribute' in a significant way how is the
salary/award outcome fair and equal in this system?''
Response: The employee and the supervisor must work together to
ensure that assigned duties and tasks contribute to the mission. Both
the employee and the supervisor should be able to articulate the
relevance and the impact of the work. An employee's expected
contribution is determined by the current level of base pay and the
duties of the job as defined in the Statement of Duties and Experience.
As long as the employee contributes at the level of the current level
of pay, the employee will receive the GPI each year. To receive more
than the GPI, the employee must contribute at a higher level. For
example, this may involve expanding the duties of the job or performing
the duties in a manner that is more efficient. However, when additional
contribution opportunities for a certain level of pay or occupation
become limited, an employee may need to pursue a higher level position
in order to obtain greater compensation opportunities.
(5) JWAC-DP Training
Comment: A commenter questioned whether the JWAC-DP Training
provided during transition will lead to program commitment on the part
of the participants.
Response: Training is a key component of JWAC preparation for a
smooth transition. Training is expected to increase the rate of change
management success, encourage belonging, provide clarity and
understanding, and promote employee engagement. This section has been
revised to better convey JWAC's intent to provide workforce training in
order to ease employee concerns about moving to a new system.
(6) Evaluation Plan
Comment: A commenter asked whether an evaluation has been conducted
for the existing STRL programs to ensure that there is no detriment to
employees' pay and bonuses based on sex, race, or any other protected
class and, if so, where the evaluation results are published.
Response: Evaluations conducted by various public and private
organizations over the last 40 years are maintained by those
organizations. The Office of Personnel Management (OPM) published
evaluation reports in the early years of the STRL demonstration
projects but no longer does, Each STRL is responsible for conducting
and maintaining their own evaluations. JWAC will be required to do the
same, as outlined in the FRN.
(7) Terminology Clarification
Comment: A commenter questioned the use of the gender pronouns
``his'' and ``her'' because some may believe that they exclude non-
binary employees.
Response: Although use of such pronouns is not objectionable, they
are not necessary for the purposes of this FRN and have been removed.
Table of Contents
I. Executive Summary
II. Introduction
A. Purpose
B. Problems With the Present System
C. Expected Benefits
D. Participating Employees
E. Project Design
F. Personnel Policy Board
III. Personnel System Changes
A. Hiring and Appointment Authorities
B. Pay Setting
C. Broadbanding
D. Classification
E. Contribution-Based Compensation System
F. Dealing With Inadequate Contributions
G. Voluntary Emeritus Corps
H. Employee Development
IV. JWAC--DP Training
V. Conversion
A. Conversion to the Demonstration Project
B. Conversion to another Personnel System
VI. Project Duration and Changes
VII. Evaluation Plan
A. Overview
B. Evaluation Model
C. Method of Data Collection
VIII. Demonstration Project Costs
IX. Required Waivers to Law and Regulation
A. Title 5, United States Code
B. Title 5, Code of Federal Regulations
Appendix A: Career Path Occupational Series
Appendix B: Example of Factors and Descriptors, Scientists and
Engineer Career Path, Pay Plan DR
I. Executive Summary
JWAC is a global warfighting organization and a subordinate
organization of the USSTRATCOM. JWAC provides targeting analysis to
combatant commands, Joint Staff, and other customers including effects-
based, precision targeting options for selected networks and nodes in
order to carry out the national security and military strategies of the
U.S. during peace, crisis, and war. In order to enable military forces
to rapidly achieve U.S. national security objectives, JWAC relies on
the analysis of a variety of engineering, scientific, intelligence, and
social science disciplines. The analytical and research teams apply
social and physical science techniques and engineering expertise to
provide quick-turn-around solutions to support the warfighter. Further,
JWAC conducts research and development of new methodologies and
technologies to advance technical analysis of critical networks and
provide more targeting options against emerging threats.
JWAC must be able to acquire and retain an enthusiastic,
innovative, and highly educated and trained workforce, particularly
scientists and engineers, and must have in place a system that fosters
their development, enhances their contribution and experience, and
provides a strong retention incentive.
II. Introduction
A. Purpose
The purpose of JWAC--DP is to demonstrate that the effectiveness of
DoD laboratories can be enhanced by allowing greater managerial control
over personnel functions and, at the same time, expanding the
opportunities available to employees through a more responsive and
flexible personnel system. JWAC--DP will provide managers, at the
lowest practical level, the authority, control, and flexibility needed
to achieve a quality laboratory and quality products.
B. Problems With the Present System
1. JWAC has a proven history of providing the warfighter with
targeting recommendations that break free from attrition warfare and
focus on striking the enemy at the point that produces the greatest
advantage for friendly forces. It has the ability to provide
recommendations that can prevent war and, if necessary, help our nation
win in time of conflict. To achieve its mission, JWAC must acquire and
retain an enthusiastic, innovative, and highly educated and trained
workforce, particularly scientific and engineering professionals.
2. The Civil Service General Schedule (GS) personnel system has
several major inefficiencies that hinder management's ability to
recruit and retain the best-qualified personnel. Line managers have
only limited authority to manage personnel resources, and existing
personnel regulations are often in conflict with management's ability
to support JWAC's mission. Current personnel action processes and
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procedures cause delays in recruiting, reassigning, promoting, and
removing employees.
3. The GS classification system rigidly defines types of work by
occupational series and grade, with very precise qualifications for
each job which are then classified by complex classification standards,
causing lengthy hiring delays, and limiting the manager's ability to
offer competitive compensation. This system does not easily or quickly
respond to changes in the work based on mission requirements. One of
the JWAC--DP's goals is to support simplified classification processes
that can be accomplished quickly and efficiently at the lowest level of
management.
4. JWAC must be able to compete with the private sector and other
government agencies for the best talent and be able to make job offers
in a timely manner with the appropriate monetary compensation and
incentives to attract high quality employees. JWAC must successfully
compete for high quality scientists and engineers locally with Naval
Surface Warfare Center (NSWC) Dahlgren Division, an established STRL,
and the public and private sector across the National Capital Region.
Today, other STRLs can make an employment offer, at a much higher
salary, to a promising candidate before JWAC can prepare the paperwork
necessary to begin the recruitment process.
C. Expected Benefits
1. This project is expected to demonstrate that a human resources
system tailored to the mission and needs of JWAC will result in:
a. Increased quality in the total workforce and the products they
produce;
b. increased timeliness of key personnel processes;
c. increased retention of high contributing employees;
d. increased employee satisfaction with the laboratory; and
e. improved procedures for effectively and efficiently dealing with
poor contributors.
2. The JWAC-DP builds on the successful features of existing
demonstration projects, including the AFRL's. For the JWAC-DP to
achieve the same results it must enable and enhance:
a. The ability to attract highly qualified scientific, technical,
business, and support employees in today's competitive environment;
b. the ability to select personnel and make job offers in a timely
and efficient manner, with the competitive compensation that attracts
high-quality, in-demand employees;
c. employee satisfaction with pay setting and adjustment,
recognition, and career advancement opportunities;
d. human resources (HR) flexibilities needed to staff, shape, and
adjust to evolving requirements associated with sustaining a quality
workforce for the future; and
e. retention of high-level contributors.
3. To effectively meet the above expectations, the JWAC-DP has
identified and established in this notice those features and
flexibilities that provide the mechanisms to achieve its objectives.
Those features and flexibilities alone, however, will not ensure
success. The nature of the JWAC-DP and its ambitious workforce goals
will require HR support at an enhanced level. A traditional process-
oriented and reactive construct will serve neither the mission nor the
management needs of the organization. The JWAC-DP's emphases include
its streamlined hiring, a sophisticated contribution-based compensation
system, talent acquisition/retention, and professional human capital
planning and execution. Accordingly, successful execution of that
vision includes an HR service delivery model that is highly proactive,
expertly skilled in analytical tools, and fully capable of engaging as
a strategic partner and trusted agent of a modern multi-faceted
organization.
D. Participating Employees
1. The JWAC-DP will cover civilian appropriated fund employees in
the competitive and excepted service, unless otherwise excluded.
Personnel added to the laboratory after implementation either through
appointment, conversion, promotion, reassignment, change to a lower
grade, or where their functions and positions have been transferred
into the laboratory will be converted to the demonstration project.
2. Senior Executive Service (SES) members, Defense Civilian
Intelligence Personnel System (DCIPS, pay plan GG) positions, and
Department of Air Force (DAF) centrally funded interns and recent
graduates appointed under the Pathways Program are not covered in the
demonstration project.
3. DAF centrally funded interns and recent graduates will convert
to the JWAC--DP once they have successfully completed a formal
development program and converted to a competitive position in JWAC.
Performance appraisals will be conducted using the Defense Performance
Management and Appraisal Program (DPMAP) until such employees are
converted to the JWAC--DP.
E. Project Design
The JWAC-DP was designed and led by a cross-functional team
comprised of the Director or Deputy Director and other senior leaders
representing each JWAC directorate. The design team was augmented and
supported by volunteers from across JWAC to support the iterative
development, assessment and evaluation of all of the elements of the
JWAC-DP design. The team composition represented all career fields and
utilized their vast experience in the current systems and authorities
as well as previous DoD personnel management systems. The design team
reviewed and considered all existing STRL designs through detailed
reviews of the published FRNs, exchanges with other STRL program
managers, and organizational site visits to leverage the experience and
lessons-learned of existing, mature STRL designs. The JWAC design team
relied heavily on subject-matter-expertise that has been supporting the
AFRL demonstration project's design and revisions, as well as
demonstration projects that have been utilized at other STRLs, some for
over 20 years. The JWAC-DP design is grounded in the AFRL demonstration
project's design, and takes advantage of authorities and design
elements from other DoD laboratories and personnel systems applicable
to JWAC. The JWAC-DP design team utilized an iterative approach of
reviews and a series of mock activities to develop, test, and exercise
the JWAC-DP design proposal, including a JWAC-wide workforce critique
of the draft FRN. The design is focused on recruiting and hiring
authorities and flexibility as well as a contribution-based
compensation system. This FRN adopts hiring authorities currently
utilized by other DoD STRL Personnel Demonstration Projects.
F. Personnel Policy Board
JWAC has created a Personnel Policy Board (PPB) to oversee and
monitor the fair, equitable, and consistent implementation of the
provisions of the demonstration project to include establishing
internal controls and accountability. The PPB Chairperson and members
of the board are senior JWAC managers appointed by the JWAC Commander
and documented in internal operating procedures (IOPs). The PPB
Chairperson serves as the pay pool manager and must report directly to
the JWAC Commander. Ad hoc members can be assigned at the discretion of
the JWAC Commander to
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provide subject matter expertise or to advise the PPB. The
establishment of this Board shall not affect the authority of any
management official in the exercise of their management rights set
forth in 5 U.S.C. 7106(b)(1). The PPB is tasked with the following:
1. Formulating and managing the civilian pay pool budget;
2. Determining the composition of the pay pool in accordance with
the guidelines of this proposal and internal procedures;
3. Reviewing operation of JWAC's pay pool process;
4. Providing guidance to the pay pool process;
5. Reviewing seamless broadband level movements;
6. Reviewing Accelerated Compensation for Developmental Position
(ACDP) increases;
7. Monitoring award pool distribution by organization or any other
special categorization;
8. Assessing the need for and making changes to the JWAC-DP
policies when needed to further define specific flexibilities to ensure
standard application across the organizational units;
9. Ensuring all budget decisions are in alignment with funding
sponsor's fiscal guidelines and boundaries; and
10. Ensuring that all employees are treated in a fair and equitable
manner in accordance with all policies, regulations, and guidelines
covering this demonstration project.
III. Personnel System Changes
A. Hiring and Appointment Authorities
1. Description of Hiring Process
JWAC is implementing a streamlined examining process as
demonstrated in other STRLs. This applies to all covered positions in
JWAC, with the exception of Senior Executive Service (SES) and DAF
centrally funded interns and students. This process includes
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 of the CFR. The
``rule of three'' is eliminated, similar to the authorities granted to
AFRL in 75 FR 53076, August 30, 2010. When there are no more than 15
qualified applicants and no preference eligible applicants, all
qualified 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 eligible and non-preference eligible applicants. Statutes
and regulations covering veterans' preference are observed in the
selection process and when rating and ranking are required.
The JWAC Commander is delegated authority, with respect to a JWAC
employee, to administer the oath of office required by 5 U.S.C. 3331,
incident to entrance into the executive branch or any other oath
required by law in connection with employment in the executive branch.
2. Direct Hiring Authorities
The JWAC-DP will use the direct-hire authorities authorized by
section 1108 of the NDAA for FY 2009 as amended by section 1103 of the
NDAA FY 2012 and in 10 U.S.C. 2358a to non-competitively appoint the
following:
a. Candidates with advanced degrees to scientific and engineering
positions;
b. Candidates with bachelor's degrees to scientific and engineering
positions;
c. Veteran candidates to scientific, technical, engineering, and
mathematics positions (STEM), including technicians; and
d. Student candidates enrolled in a program of instruction leading
to a bachelors or advanced degree in a STEM discipline.
3. Distinguished Scholastic Achievement Authority (DSAA): The JWAC-
DP will use the Distinguished Scholastic Achievement Authority (DSAA)
to non-competitively appoint candidates possessing a bachelor's degree
or higher to Science and Engineering positions, Business Management and
Professional positions or Technician positions, up to the equivalent of
GS-12 (DR-II or DO-II). Candidates may be appointed using this
authority provided all of the following conditions are met: the
candidate meets the minimum standards for the position as published in
OPM's operating manual, ``Qualification Standards for General Schedule
Positions,'' plus any selective factors stated in the vacancy
announcement; the occupation has a positive education requirement; and
the candidate has a cumulative grade point average of 3.5 or better (on
a 4.0 scale) in those courses in those field's of study that are
specified in the Qualifications Standards for the occupational series.
Veterans' preference procedures will apply when selecting
candidates under this authority. Preference eligible candidates who
meet the above criteria will be considered ahead of non-preference
eligible candidates. In making selections, to pass over any preference
eligible candidate(s) to select a non-preference eligible candidate
requires approval under applicable DA pass-over or objection
procedures. Distinguished Scholastic Achievement Appointments will
enable JWAC to respond quickly to hiring needs for eminently qualified
candidates possessing distinguished scholastic achievements.
4. Flexible Length and Renewable Term Technical Appointments
(Flexible Term Appointment): Non-permanent positions (exceeding one
year) needed to meet fluctuating or uncertain workload requirements may
be competitively filled using the Flexible Length and Renewable Term
Technical Appointment Authority, authorized in section 1109 of NDAA
FY16, Section 1109, as amended by section 1112 of NDAA FY19 and
described 82 FR 43339, 43340, or the Contingent Employee Appointment
Authority authorized in 62 FR 34876, 34899.
Employees hired for more than one year, under the Contingent
Employee Appointment Authority (CEAA), are given modified term
appointments in the competitive service for up to five years. The JWAC
Commander is authorized to extend a contingent appointment for up to
one additional year.
Using the Flexible Length and Renewable Term Technical Appointment
Authority (FLRTTA), a modified term scientific or technical position
may be filled for any period of more than one year but not more than
six years, and may be extended in up to six year increments at any
time.
Employees hired under these appointment authorities may be eligible
for conversion to career appointments. To be converted from CEAA or
FLRTTA, the employee must (a) have been selected for the term position
under an announcement or public notice specifically stating that the
individual(s) selected for the term position(s) may be eligible for
conversion to career-conditional appointment at a later date without
further competition; (b) served two years of substantially continuous
service in a term position; and (c) have a current rating of acceptable
or better.
Employees serving under term appointments at the time of conversion
to the STRL Demonstration Project will be converted to new term
contingent employee appointments. Time served in term positions prior
to conversion to the contingent employee appointment is creditable to
the requirement for two years of continuous service stated above,
provided the service was continuous.
5. Reemployed Annuitants and Voluntary Early Retirement Authority
[[Page 29419]]
and Voluntary Separation Incentive Payment: The JWAC Commander may
appoint reemployed annuitants and/or offer Voluntary Early Retirement
Authority (VERA)/Voluntary Separation Incentive Payment (VSIP) packages
as described in 82 FR 43339, September 15, 2017, to shape the mix of
technical skills and expertise in the workforce.
6. Probationary Period. The probationary period will be three years
for all newly hired employees, including individuals entering the JWAC-
DP after a break in service of 30 calendar days or more. Employees who
enter the JWAC-DP with a break in service of less than 30 calendar days
are not required to complete an extended probationary period if their
previous service was in the same line of work as determined by the
employee's actual duties and responsibilities upon reappointment.
Current permanent Federal employees hired into the JWAC-DP are not
required to serve a new probationary period. Any employee appointed
prior to the date of this FRN will not be affected.
Employees on non-status appointments (appointments that are time-
limited or nonpermanent and from which employees do not acquire
competitive status) will be subject to the probationary period required
by their appointing authority. Upon conversion from a non-status
appointment to a competitive service appointment, employees will be
required to serve a three-year probationary period. However, employees
serving on a Flexible Length and Renewable Term Technical Appointment
will serve a three-year trial period (in accordance with (IAW) 5 CFR
316.304 except that rather than a one-year trial period, it is a three-
year trial period). Upon conversion to competitive service, any periods
of employment served during a non-status appointment or a flexible term
appointment will be counted toward the completion of the extended
probationary period.
All other features of the current probationary period are retained,
including the potential to remove an employee without providing the
full substantive and procedural rights afforded a non-probationary
employee. Probationary employees will be terminated if an employee
fails to demonstrate proper conduct, technical competency, and/or
adequate contribution for continued employment. When the JWAC Commander
or designee decides to terminate an employee serving a probationary
period because their work performance or conduct during this period
fails to demonstrate fitness or qualifications for continued
employment, the employee will be provided written notification of the
reasons for separation and the effective date of the action. The
information in the notice as to why the employee is being terminated
will, as a minimum, consist of the manager's conclusions as to the
inadequacies of their performance or conduct.
Supervisory probationary periods will be made consistent with 5 CFR
315.901. Employees that have successfully completed the initial
probationary period will be required to complete an additional one year
probationary period for the initial appointment to a supervisory
position. If, during the supervisory probationary period, the decision
is made to return the employee to a nonsupervisory position for reasons
solely related to supervisory performance, the employee will be
returned to a comparable position of no lower payband and pay than the
position from which promoted.
7. Qualification Determinations: A candidate's basic eligibility
will be determined using OPM's ``Qualification Standards Handbook for
General Schedule Positions.'' Selective placement factors may be
established in accordance with OPM's Qualification Handbook when
determined to be critical to successful position contribution. These
factors are communicated to all candidates for particular position
vacancies and must be met for basic eligibility.
a. Science and Engineering (S&E) (Pay Plan DR) Career Path: This
career path includes technical professional positions, such as
engineers, physicists, chemists, metallurgists, mathematicians,
operations research analysts, and computer scientists. Additional
occupational series may be added in the future. Employees in these
positions require specific course work or educational degrees. Five
broadband levels have been established for the S&E career path:
Band level I minimum eligibility requirements are
consistent with the GS-07 qualifications.
Band level II minimum eligibility requirements are
consistent with the GS-12 qualifications.
Band level III minimum eligibility requirements are
consistent with the GS-14 qualifications.
Band level IV minimum eligibility requirements are
consistent with the GS-15 qualifications.
Band level V minimum eligibility requirements are above
the GS-15 qualifications. This band is limited to senior scientific
technical manager (SSTM) positions, the primary functions of which are
to engage in research and development in the physical, biological,
medical or engineering sciences or another field closely related to the
mission of the JWAC; and to carry out technical supervisory
responsibilities. The number of such positions shall not exceed two
percent of the number of scientists and engineers employed at JWAC.
b. Business Management and Professional (Pay Plan DO) Career Path:
This career path supports the S&E mission, and includes specialized
positions such as finance, acquisition, human resources, IT services,
and administrative specialists. Employees may or may not be required to
have specific course work or degrees to qualify for these positions.
Four broadband levels have been established for the Business Management
and Professional career path:
Band level I minimum eligibility requirements are
consistent with the GS-07 qualifications.
Band level II minimum eligibility requirements are
consistent with the GS-12 qualifications.
Band level III minimum eligibility requirements are
consistent with the GS-14 qualifications.
Band level IV minimum eligibility requirements are
consistent with the GS-15 qualifications.
c. Technician (Pay Plan DX) Career Path: This career path is
associated with and supportive of a professional field and may involve
substantial elements of the work of the professional field, but
requires less than full knowledge of the field involved. It includes
positions such as Engineering Technician and Electronics Technician.
Employees in these positions may or may not require specific course
work or educational degrees. Four broadband levels have been
established for the Technician career path:
Band level I minimum eligibility requirements are
consistent with the GS-01 qualifications.
Band level II minimum eligibility requirements are
consistent with the GS-05 qualifications.
Band level III minimum eligibility requirements are
consistent with the GS-08 qualifications.
Band level IV minimum eligibility requirements are
consistent with the GS-11 qualifications.
d. Mission Support (Pay Plan DU) Career Path: This career path
includes positions for which specific course work or educational
degrees are not required. This career path includes clerical work, that
usually involves the processing and maintaining of records, as well as
assistant work, that requires knowledge of methods and procedures
within a
[[Page 29420]]
specific administrative area. Examples of positions within this career
path include secretaries, office automation clerks, and budget/program/
computer assistants.
Band level I minimum eligibility requirements are
consistent with the GS-01 qualifications.
Band level II minimum eligibility requirements are
consistent with the GS-05 qualifications.
Band level III minimum eligibility requirements are
consistent with the GS-07 qualifications.
Band level IV minimum eligibility requirements are
consistent with the GS-09 qualifications.
8. Temporary Promotions and Details: JWAC may detail its employees
to higher broadband level positions and temporarily promote employees
for up to one year within a 24-month period, with or without
competition, and may extend such detail or promotion by one additional
year, similar to the authority adopted by the AFRL in 75 FR 53076,
August 30, 2010.
B. Pay Setting
1. Management has authority to establish appropriate basic pay for
employees converting into or hired by the JWAC--DP. The basic pay of
newly hired personnel will be at a level consistent with the expected
contribution of the position. The expected contribution is based on the
employee's academic qualifications, competencies, and experience, as
well as the position's scope and level of difficulty. Except for Senior
Scientific Technical Manager (SSTM) positions, basic pay is limited to
an amount equal to GS-15, step 10 pay. A demo bonus (a lump sum payment
made to an employee) may be provided to employees converting into or
hired by the JWAC-DP. An employee's total monetary compensation paid in
a calendar year may not exceed the basic rate of pay paid in level I of
the Executive Schedule consistent with 5 U.S.C. 5307 and 5 CFR part
530, subpart B. Further details will be published in the IOP.
2. The JWAC Commander is authorized to approve retention,
recruitment, and relocation incentives. Unless specifically amended by
this notice, the eligibility and documentation requirements in 5 CFR
part 575 remain in effect.
3. The JWAC Commander may offer a retention counteroffer to retain
high performing employees with critical scientific or technical skills
who present evidence of an alternative employment opportunity with
higher compensation. Such employees may be provided increased base pay
(up to the ceiling of the pay band) and/or a one-time cash payment that
does not exceed 50 percent of one year of base pay. Retention
counteroffers, either in the form of a base pay increase or a bonus,
count toward the aggregate limitation on pay consistent with 5 U.S.C.
5307 and 5 CFR part 530, subpart B. Further details will be published
in the IOP.
4. Student recruitment is currently limited to the local commuting
area because college students often cannot afford to temporarily
relocate to the Dahlgren area while enrolled at schools outside of the
local commuting area. To expand recruitment to top universities, the
authority in 5 CFR part 575 is expanded to allow management to pay a
relocation incentive/bonus each time a student returns to duty to JWAC.
The PPB will determine the use and the financial limits of this
incentive. The initial incentive payment may be based on anticipated
expenses, or a portion thereof. Documentation, to include receipts of
actual expenses, must be provided by the student to validate initial
incentive payment and for determining potential future payments. Actual
expenses may include the cost of airline or other commercial
transportation, rental vehicles, fuel, and lodging. Management has the
discretion to determine the appropriate incentive amount, which may or
may not cover all expenses. Payments may be made incrementally (e.g.,
monthly, quarterly). This authority is not intended to pay moving
expenses in conjunction with a permanent appointment.
5. Accelerated Compensation for Developmental Positions (ACDP): The
JWAC Commander may authorize an increase to basic pay for employees
participating in training programs, internships, or other development
capacities. ACDP will be used to recognize development of job related
competencies as evidenced by successful contribution to the JWAC.
The use of ACDP is limited to employees in pay bands I and II in
the Business Management and Professional and S&E career paths.
Additional guidance will be published in an IOP.
6. Maintained Pay: The JWAC-DP will eliminate retained grade and
retained pay and will adopt ``maintained pay'' provisions similar to
those utilized in AFRL (75 FR 53076). An employee may be entitled to
maintain the employee's current rate of basic pay if, as a result of
personnel actions that would entitle the employee to grade or pay
retention under Title 5, the employee is placed in a payband where the
employee's current rate of basic pay exceeds the maximum rate of basic
pay for the pay band. At the time of conversion, an employee on grade
retention will be converted to the career path and broadband level
based on the assigned permanent position of record, not the retained
grade. An employee's adjusted pay will not be reduced upon conversion.
Implementing instructions will be documented in IOPs.
C. Broadbanding
JWAC-DP will use a broadbanding approach to compensation and
classification. A broadbanding structure will simplify the
classification system, reduce the number of distinctions between levels
of work, and facilitate delegation of classification authority and
responsibility to line managers.
The broadbanding structure replaces the GS structure. Table 1 shows
the four broadband levels in each career path, labeled I, II, III, IV,
and the additional broadband level, labeled V, for SSTM positions in
the S&E career path. The broadband levels are designed to enhance pay
progression and to allow for more competitive recruitment of quality
candidates at differing rates within the appropriate broadband
level(s). Competitive promotions will be less frequent and movement
through the broadband levels will be a more seamless process. Like the
broadbanding system used at AFRL, advancement within each band is based
upon contribution.
The four distinct career paths within JWAC-DP are: S&E, Business
Management and Professional, Technician, and Mission Support.
1. S&E (Pay Plan DR)
Band I includes the current GS-7 through GS-11;
Band II includes the current GS-12 through GS-13;
Band III includes the current GS-14;
Band IV includes the current GS-15;
Band V SSTM positions above GS-15.
2. Business Management and Professional (Pay Plan DO)
Band I includes the current GS-7 through GS-11;
Band II includes the current GS-12 through GS-13;
Band III includes the current GS-14;
Band IV includes the current GS-15.
3. Technician (Pay Plan DX)
Band I includes the current GS-1 through GS-4;
Band II includes the current GS-5 through GS-7;
[[Page 29421]]
Band III includes the current GS-8 through GS-10;
Band IV includes the current GS-11 through GS-12.
4. Mission Support (Pay Plan DU)
Band I includes the current GS-1 through GS-4;
Band II includes the current GS-5 through GS-6;
Band III includes the current GS-7 through GS-8;
Band IV includes the current GS-9 through GS-10.
Comparison to the GS grades was useful in setting the upper and
lower dollar limits of the broadband system; however, once employees
are converted or hired into the JWAC-DP, GS grades and steps no longer
apply.
[GRAPHIC] [TIFF OMITTED] TN15MY20.002
The JWAC-DP will use the authority in title 10 U.S.C. 2358a to
expand the S&E career path to include a broadband level V. This
broadband level is designed for SSTM positions, the primary functions
of which are: (1) To engage in research and development in the
physical, biological, medical, or engineering sciences, or another
field closely related to the JWAC mission; and (2) to carry out
technical supervisory responsibilities. The SSTM positions will be
similar to those described in 79 FR 43722. Panels will be created to
assist in filling SSTM positions. Panel makeup will be included in the
IOPs. The panel will apply criteria developed largely from the current
OPM Research Grade Evaluation Guide for positions exceeding the GS-15
level. Vacant SSTM positions will be competitively filled to ensure
that selectees are preeminent researchers and technical leaders in the
specialty fields who also possess substantial managerial and
supervisory abilities.
Upon the implementation of the JWAC-DP, and periodically
thereafter, the JWAC Commander will review organizational and mission
requirements, and where appropriate, may modify the duties of existing
SSTM positions and/or the total number of SSTM positions. Consistent
with 10 U.S.C. 2358a, the total number of SSTM positions may not exceed
two percent of the number of scientists and engineers employed at the
JWAC as of the close of the last fiscal year before the fiscal year in
which any additional appointments are made. The minimum basic pay for
SSTM positions is 120 percent of the minimum rate of basic pay for GS-
15. Maximum SSTM basic pay with locality pay is limited to Executive
Level III (EX-III), and maximum salary without locality pay may not
exceed EX-IV. The contribution management system used to evaluate an
SSTM employee will be documented in the JWAC IOPs.
D. Classification
1. Statement of Duties and Experience (SDE)
Under the JWAC-DP's simplified classification system, the SDE
replaces the DAF Form 1003 Air Force Core Personnel Document (CPD). The
SDE includes a description of position-specific information; identifies
the career path, occupational series and broadband level; includes the
factors and descriptors for the assigned career path and broadband
level; and provides data element information pertinent to the position.
2. Occupational Series
The present system of OPM classification standards is used for the
identification of proper series and occupational titles of positions
within the JWAC-DP. The OPM occupational series scheme, which
frequently provides well-recognized disciplines with which employees
are to be identified, is maintained and facilitates movement of
personnel into and out of the JWAC-DP. Other series may be added as the
need for new competencies emerges within the JWAC environment.
3. Classification Factors and Descriptors
Current OPM Position Classification Standards will not be used to
grade positions in the JWAC-DP. JWAC's factors and descriptors will
describe the level of work expected for each broadband level in each
career path. The AFRL classification factors and descriptors published
in 75 FR 5076, August 30, 2010, and OPM classification guidance will be
used as a framework to develop JWAC specific factors and descriptors
(see Appendix B). The JWAC-DP factors and descriptors will also be used
for the annual Compensation-based Contribution System (CCS) employee
assessments (Section III., E. 3). Factors and descriptors will be
documented in JWAC IOPs.
4. Classification Authority
The JWAC Commander will have classification authority and may, in-
turn, re-delegate this authority to appropriate levels. HR Specialists
will provide ongoing consultation and guidance to managers and
supervisors throughout the classification process. The final
classification decision will be documented on the SDE.
5. Classification Process
The SDE is developed using the following process:
a. The supervisor identifies the organizational location, SDE
number, and the employee's name. The supervisor selects the appropriate
occupational series, pay plan, broadband level, and title; the level
factor descriptors corresponding to the broadband level that is most
commensurate with the level of contribution necessary to accomplish the
duties and responsibilities of the position; and the Defense Civilian
Personnel Data System (DCPDS) supervisory level. The classification
system is not hierarchical, meaning that a supervisor's broadband level
is based on the contributions the employee has made to the
organization, and not based on the broadband level of subordinate
[[Page 29422]]
employees, as is typical under other personnel systems. Therefore,
supervisors may be at the same, lower, or higher broadband level than
the employees they supervise.
b. The supervisor selects a brief description of the primary
purpose of the position making sure the description is consistent with
the series and title chosen for the position. The supervisor chooses
statements pertaining to physical requirements; competencies required
to perform the work; and special licenses or certifications needed.
Based on the supervisory level of the position, the system produces
mandatory statements pertaining to affirmative employment, safety, and
security programs.
c. The supervisor selects other position data, such as position
sensitivity and drug testing requirements. The supervisor also selects
the Fair Labor Standards Act (FLSA) status. The FLSA status selection
must be in accordance with OPM guidance and HR Specialists may advise
management as necessary. The data elements are maintained as a separate
page of the SDE (i.e., an addendum) and may be changed as needed,
without creating and classifying a new SDE.
d. The supervisor makes a recommended classification, then signs
and dates the document. The supervisor sends the SDE to the
classification authority for classification. The classification is
finalized when the classification official signs and dates the SDE. The
SDE development process incorporates definitions for the CCS
supervisory levels, and occupational series as appropriate.
E. Contribution-Based Compensation System (CCS)
1. Overview
The CCS is a contribution-based assessment system that goes beyond
a performance-based rating system. The CCS measures the employee's
contribution to the organization's mission, the contribution level, and
how well the employee performed a job. Contribution is defined as the
measure of the demonstrated value of what an employee did in terms of
accomplishing or advancing the organizational objectives and mission
impact. The purpose of the CCS is to provide an effective, efficient,
and flexible method for assessing, compensating, and managing the JWAC
workforce. It is essential for the development of a highly productive
workforce and to provide management, at the lowest practical level, the
authority, control, and flexibility needed to achieve a quality
laboratory and quality products. The CCS allows for more employee
involvement in the assessment process, increases communication between
supervisors and employees, promotes a clear accountability of
contribution, facilitates employee career progression, provides an
understandable basis for basic pay changes, and delinks awards from the
annual assessment process. The CCS process described herein applies to
broadband levels I through IV. The assessment process for broadband
level V positions will be documented in the JWAC IOPs.
2. Factors and Descriptors
Each factor (e.g., Communication, Technology/Business Management,
Problem Solving, and Teamwork/Leadership) has descriptors that describe
increasing levels of contribution corresponding to each broadband
level. The same factors and descriptors will be used for classification
and for the annual CCS employee assessments. The factors and
descriptors for the appropriate career path will be used by the rating
official to determine the employee's overall contribution score (OCS).
Employees can score within, above, or below the range for their
broadband level. For example, a broadband level II employee could score
in the broadband level I, II, III, or IV range. Therefore, supervisors
utilize all factors and descriptors to determine each employee's
contribution assessment.
3. CCS Assessment Scoring
The annual CCS assessment scoring process begins with employee
input, which provides employees with an opportunity to communicate
their accomplishments and level of contribution to their supervisors.
An employee's basic pay determines an expected score when plotted on
the appropriate career path Standard Pay Line (SPL) (discussed in
section III.E.4).
Each career path has its own SPL based on the salary range
established for that career path. Scores have a direct relationship
with basic pay; therefore, the significance of an employee's actual
score is not known until it is compared to their expected score. For
instance, an employee in the Mission Support career path with a basic
pay rate of $33,091 in 2018 would have an expected score of 2.25, while
an employee in the Business Management and Professional career path
with a basic pay rate of $74,705 would have the same expected score.
The comparison between expected score and OCS provides an indication of
equitable compensation, under-compensation, or overcompensation.
(Typically, employees who are overcompensated are not meeting
contribution expectations and may be placed on a Contribution
Improvement Plan, described in further detail in section III.F.)
Broadband levels in each career path have the same expected score
range, as depicted in Table 2 below, which also includes the 2018 basic
pay ranges for each broadband level. As the general basic pay rates
increase annually, the minimum and maximum basic pay rates of each
broadband level for each career path are adjusted accordingly.
Individual employees receive basic pay increases and/or bonuses based
on the annual assessments under the CCS. There are no changes to title
5 U.S.C., regarding locality pay under the JWAC-DP.
BILLING CODE 5001-06-P
[[Page 29423]]
[GRAPHIC] [TIFF OMITTED] TN15MY20.003
4. Standard Pay Line (SPL)
A mathematical relationship between assessed contribution and basic
pay will be used to create the SPLs for each career path used in the
CCS, similar to the formulas adopted by AFRL in 75 FR 53076, dated
August 30, 2010. The SPL is a straight line which yields a reasonable
correlation between basic pay rates in the broadband levels and those
of the corresponding GS grade(s); provides a single relationship
(equation) for the entire range of pay and OCS; and demonstrates
equitable (i.e., consistent) growth at each CCS score.
The JWAC equation for the 2018 S&E (DR) and the Business Management
and Professional (DO) SPL is BASIC PAY = $21,011 + ($23,864 x CCS
SCORE). Figure 1 provides a pictorial representation of the 2018 DR &
DO SPL.
[[Page 29424]]
[GRAPHIC] [TIFF OMITTED] TN15MY20.004
The JWAC equation for the 2018 Mission Support (DU) SPL is BASIC
PAY = $7,353 + ($11,439 x CCS SCORE), and JWAC equation for the 2018
Technician (DX) SPL is BASIC PAY = $2,183 + ($16,611 x CCS SCORE); as
shown in Figures 2 and 3. The equations for future JWAC SPLs may be
modified consistent with this notice and the IOP.
[GRAPHIC] [TIFF OMITTED] TN15MY20.005
[[Page 29425]]
[GRAPHIC] [TIFF OMITTED] TN15MY20.006
BILLING CODE 5001-06-C
5. The CCS Assessment Process
The rating official is the first-level supervisor of record for at
least 90 days during the rating cycle. If the current immediate
supervisor has been in place for less than 90 days during the rating
cycle, the next higher level supervisor in the employee's rating chain
who has been in place for more than 90 days during the rating cycle
conducts the assessment.
The annual assessment cycle begins on September 1 and ends on
August 31 of the following year. At the beginning of the annual
assessment period, the broadband level factors and descriptors are
provided to employees setting forth the basis on which their
contribution is assessed.
A midyear review, in the February to March timeframe, is conducted
for employees. During this review the employee's professional
qualities, competence, developmental needs, and mission contribution
are discussed, as well as future development and career opportunities.
Additionally, employees provide feedback to supervisors on their
supervisory qualities and skills. To highlight its importance, all
feedback sessions are certified as completed by the rating official
conducting the feedback session. While one documented formal midyear
feedback session is required, supervisors are encouraged to conduct
informal feedback sessions throughout the rating period. The preferable
method for all feedback sessions is face-to-face.
At the end of the annual assessment period, employees summarize
their contributions in each factor for their rating official. Employees
are highly encouraged to submit written self-assessments identified to
management, to ensure that all of the employee's contributions
accomplished during the rating cycle are taken into consideration. The
rating official first determines preliminary CCS scores using the
employee's input and the rating official's assessment of the employee's
overall contribution to the laboratory mission, based on the
appropriate broadband level factor descriptor. The preliminary score is
determined by comparing an employee's contribution results to the
descriptors for a particular factor and selecting the most appropriate
general range (e.g., high, medium, or low).
The rating officials (e.g., branch chiefs) and the next level
supervisors (e.g., the respective division chief) then meet as a group
(e.g., first-level Meeting of Managers (MoM)) to review and discuss all
proposed employee assessments and preliminary CCS factor scores. Giving
authority to the group of managers to determine CCS factor scores
ensures that contributions are assessed and measured similarly for all
employees. During the MoM, the preliminary factor scores are further
refined into decimal scores. For example, if the employee's
contribution level for a factor is at the lowest level of broadband
level I, a factor score of 1.0 is assigned. Higher levels of
contribution are assigned factor scores increasing in 0.1 increments up
to 4.9. A factor score of 0.0 can be assigned if the employee does not
demonstrate a minimum broadband level I contribution. Likewise, a
factor score of 5.9 can be assigned if an employee demonstrates a
contribution that exceeds the broadband level IV descriptor. Rating
officials must document justification for each proposed factor score.
Factor scores are then averaged to give an overall CCS score (OCS).
Each broadband level is defined for OCS from 0.75 to 5.25 as shown in
Table 2. The maximum OCS for broadband level IV is set at 5.25, to be
consistent with the maximum overall CCS scores for other broadband
levels (4.25 for broadband level III, 3.25 for broadband level II, and
2.25 for broadband level I). Therefore, when the average of CCS factor
scores exceeds 5.25, the overall CCS score is set to 5.25, and the
employee who was scored above 5.25 will be identified to upper
management as having exceeded the maximum contribution defined by the
broadband. The maximum basic pay for each broadband is the basic pay
corresponding with an X.25 OCS (i.e., 2.25, 3.25, 4.25, and 5.25). Once
the scores have been finalized, the pay pool manager approves the
scores for the entire pay pool. The pay pool manager has the ability to
look across the entire pay pool and may address anomalies
[[Page 29426]]
through the appropriate management chain.
If, on September 1, an employee has been covered by the CCS for
less than 90 days, the rating official waits for the subsequent annual
cycle to assess the employee. Such an employee is considered
``presumptive due to time'' and is assigned a score at the intersection
of their basic pay and the SPL. Periods of approved, paid leave are
counted toward this 90-day time period. When an employee cannot be
evaluated readily by the normal CCS assessment process due to special
circumstances that take the employee away from normal duties or duty
station (e.g., long-term full-time training, extended sick leave, leave
without pay, etc.), the rating official documents the rating as
``presumptive due to circumstance'' in the CCS software. The rating
official then assesses the employee using one of the following options:
Recertify the employee's last OCS; or
Assign a score at the intersection of the employee's basic
pay and the SPL.
Basic pay adjustments, i.e., decisions to give or withhold basic
pay increases or bonuses, are based on the relationship between the
employee's actual CCS score and the employee's current basic pay (as
discussed in section III.E.5). Decisions for seamless broadband
movement (discussed in section III.E.6.) are also based on this
relationship. Final pay determinations and broadband level changes are
made by the pay pool manager.
6. Pay Pools
The pay pool structure is under the authority of the JWAC Commander
who, in-turn, may delegate this authority. The following guidelines
apply to pay pools: (a) A pay pool is based on the JWAC organizational
structure and should include a range of basic pay rates and broadband
levels; (b) a pay pool must be large enough to constitute a reasonable
statistical sample, i.e., 35 or more employees; (c) a pay pool must be
large enough to encompass a second level of supervision since the CCS
process uses a group of supervisors in the pay pool to determine
assessments and recommend basic pay adjustments; (d) the pay pool
manager holds annual pay adjustment authority; and (e) neither the pay
pool manager nor the supervisors within the pay pool recommend or set
their own individual pay.
The amount of money available for basic pay increases within a pay
pool is determined by the amount of the general increase (``G'')
authorized by law or the President for the GS under 5 U.S.C. 5303, and
an incentive amount (``I'') drawn from money that, under the GS system,
would be available for step increases and career ladder promotions. The
incentive amount is set by the PPB each year and is adjustable to
ensure cost discipline over the life of the JWAC-DP. The dollars
derived from ``G'' and ``I'' percentages included in the pay pool are
computed based on the basic pay of eligible employees in the pay pool
as of August 31 of each year. The Under Secretary of Defense (Personnel
& Readiness) has discretion to adjust the minimum funding levels to
take into account factors such as the Department's fiscal condition,
guidance from the Office of Management and Budget, and equity in
circumstances when funding is reduced or eliminated for GS pay raises
or awards.
7. Basic Pay Adjustment Guidelines
The maximum basic pay for any employee is limited to GS-15, step
10, except for employees in SSTM positions. Any employee whose basic
pay would exceed GS-15, step 10, based on the employee's OCS, will be
identified to upper management as having exceeded the maximum allowable
basic pay and will be paid a bonus to cover any difference between the
GS-15, step 10, basic pay and the basic pay associated with the
employee's OCS. There are no changes to 5 U.S.C., regarding locality
pay under the JWAC-DP.
Employees' OCSs are determined by the CCS assessment process
described in Section III.E.3. Employees' OCSs are plotted on the
appropriate SPL graph based on their current basic pay as shown in
Figure 5. The position of those points in relation to the SPL provides
a relative measure (Delta Y) of the degree of over-compensation or
under-compensation for each employee. This process permits all
employees within a pay pool to be rank-ordered by Delta Y, from the
most undercompensated employee to the most overcompensated.
[[Page 29427]]
[GRAPHIC] [TIFF OMITTED] TN15MY20.007
In general, those employees who fall below the SPL (indicating
under-compensation; for example, employee X in Figure 5) should expect
to receive greater basic pay increases than those who fall above the
line (indicating overcompensation; for example, employee Z in Figure
5). An OCS that falls on either rail is considered to be within the
rails. Over time, employees will migrate closer to the SPL. The
following provides more specific guidelines: (a) Employees who fall
above the upper rail (for example, employee Z in Figure 5) are given an
increase ranging from zero to a maximum of the dollar amount determined
by the ``G'' percentage increase; (b) those who fall within the rails
(for example, employee Y in Figure 5) are given a minimum of the dollar
amount determined by the ``G'' percentage increase; and (c) those who
fall below the lower rail (for example, employee X in Figure 5) are
given at least their basic pay multiplied by ``G'' and ``I''
percentages. The pay pool manager may give a CCS bonus (a lump sum
payment made to an employee in lieu of a basic pay increase as part of
the CCS assessment process) to an employee as compensation, in whole or
part. This may be appropriate in a situation when the employee's
continued contribution at this level is uncertain. The CCS Bonus
criteria will be documented in JWAC IOPs.
The pay pool manager sets the necessary guidelines for pay
adjustments in the pay pool based on guidance from the PPB. Decisions
will be consistent in the pay pool within these general rules: final
decisions are standard and consistent within the pay pool; are fair and
equitable across the organization; and maintain cost discipline.
8. Broadband Level Movements
A key concept of the JWAC-DP is that career growth may be
accomplished by seamless broadband movement, i.e., movement through the
broadband levels within a particular career path by significantly
increasing levels of employee contribution toward the JWAC mission.
Seamless broadband level movement may occur once a year during the CCS
process, if certain conditions are met. An employee's contribution is a
reflection of their OCS, which is derived from a comparison of the
employee's contribution to each of the factors and descriptors. Because
the descriptors are written at progressively higher levels of work and
are the same descriptors used in the classification process, higher
scores reflect that an employee's contribution is equivalent to the
level associated with the score they are awarded. An employee's
broadband level may be increased when an employee consistently
contributes at a level consistent with the expectations for a higher
broadband level than the one to which the employee is currently
assigned, such as through increased expertise and by performing
expanded duties and responsibilities commensurate with the higher
broadband level factor and descriptors. If an employee's contributions
impact and broaden the scope, nature, intent, and expectations of the
position and are reflective of higher level factors and descriptors,
the classification of the position is updated accordingly. This form of
movement through broadband levels is referred to as a seamless
broadband movement and can only happen within the same career path;
employees cannot cross over career paths through this process. The
criteria is similar to that used in an accretion of duties scenario and
must be met for an employee to move seamlessly to a higher broadband
level. For seamless broadband movement to occur: (1) The employee's
current position must be absorbed into a reclassified position, while
the employee continues to perform the same basic duties and
responsibilities (although at the higher level); and (2) the employee's
current position must be reclassified to a higher broadband level as a
result of additional, higher- level duties and responsibilities. It may
take a number of years for contribution levels to increase to the
extent a seamless broadband movement is warranted, and not all
employees achieve the increased contribution levels required for such
moves.
This simplified classification and broadbanding structure allows
management to assign duties consistent with the broadband level of a
position without the necessity to process a personnel action and
provides managers
[[Page 29428]]
authority to move employees between positions within their current
broadband level, at any time during the year. However, management also
has the option to fill vacancies throughout the year using various
staffing alternatives, to include details, reassignments, or
competitive selection procedures (as applicable and/or required) for
competitive promotions or temporary promotions (typically used for
filling supervisory positions). Employees may be considered for
vacancies at higher broadband level positions consistent with the JWAC-
DP competitive selection procedures.
Any resulting changes in broadband levels that occur through the
CCS process are not accompanied by pay increases normally associated
with formal promotion actions, but, rather, are processed and
documented with a pay adjustment action to include appropriate changes/
remarks (e.g., change in title (if appropriate), change in broadband
level, and classification of a new SDE). The terms ``promotion'' and
``demotion'' are not used in connection with the CCS process.
The broadbanding structure creates an overlap between adjacent
broadband levels that facilitates broadband movement. For instance, the
minimum basic pay for a broadband level I is that basic pay from the
SPL corresponding to a CCS score of 0.75. And the maximum basic pay for
broadband level I is that basic pay from the SPL corresponding to a CCS
score of 2.25. The minimum basic pay for broadband level II is that
basic pay from the SPL corresponding to a CCS score of 1.75. And the
maximum basic pay for broadband level II is that basic pay from the SPL
corresponding to a CCS score of 3.25. Likewise, the minimum basic pay
for broadband level III is that basic pay from the SPL corresponding to
a CCS score of 2.75, and so on for the different broadband levels. This
structure provides a basic pay overlap between broadband levels that is
consistent with, and similar to, basic pay overlaps in the GS schedule.
9. Voluntary Pay Reduction and Pay Raise Declination
Under CCS, an employee may voluntarily request a pay reduction or a
voluntary declination of a pay raise which would effectively place an
overcompensated employee's pay closer to the SPL. Since an objective of
the CCS is to properly compensate employees for their contribution to
the JWAC, granting such requests is consistent with this goal. Under
normal circumstances, all employees should be encouraged to advance
their careers through increasing contribution rather than being
undercompensated at a fixed level of contribution.
To handle these special circumstances, employees must submit a
request for voluntary pay reduction or pay raise declination during the
30-day period immediately following the annual payout and document the
reasons for the request. The pay pool manager may consider voluntary
pay reductions at other times throughout the year, as documented in
internal operating procedures. Management must properly document all
decisions to approve or disapprove such requests. This type of basic
pay change is not considered to be an adverse personnel action.
F. Dealing With Inadequate Contributions
The CCS is a contribution-based assessment system that goes beyond
a performance-based rating system. Contribution is measured against
factors, with each factor having descriptors that describe increasing
levels of contribution corresponding to the broadband level. Employees
are plotted against the SPL based on their score and current basic pay,
which determines the amount of over-compensation or under compensation
the employees are receiving. When an employee's contribution plots in
the area above the upper rail of the SPL (Section III.E.3.), the
employee is overcompensated for their level of contribution and is
considered to be in the Automatic Attention Zone (AAZ).
This section addresses reduction in pay or removal of JWAC-DP
employees based solely on inadequate contribution, as determined by the
amount an employee is overcompensated. The following procedures are
similar to and replace those established in 5 CFR part 432 pertaining
to performance-based reduction in grade and removal actions. Adverse
action procedures under 5 CFR part 752 remain unchanged. The immediate
supervisor has two options when an employee's contribution plots in the
AAZ. The first option is document the employee's inadequate
contributions in a memorandum for record. In this memorandum, the
supervisor should state, in writing, the specifics regarding where the
employee failed to contribute at an adequate level and provide a
rationale for not taking a formal action. Examples where this might be
used are when an employee's contribution plots just above the upper
rail of the SPL, or extenuating circumstances exist that may have
decreased the employee's overall CCS score during the rating period and
are expected to be temporary in nature. A copy of this memorandum is
provided to the employee and to higher levels of management.
The second option is to take a formal action by placing the
employee on a Contribution Improvement Plan (CIP), providing the
employee an opportunity to improve. The CIP must inform the employee,
in writing, that unless the employee's contribution increases and is
sustained at the expected contribution level, the employee may be
reduced in pay or removed. The supervisor will afford the employee a
reasonable improvement opportunity period, generally 30 days, to
demonstrate increased contribution commensurate with the duties and
responsibilities of the employee's position. As part of an employee's
opportunity to demonstrate increased contribution, management will
offer appropriate assistance to the employee.
If an employee has been placed on a CIP and afforded a reasonable
opportunity to demonstrate increased contribution, yet fails to do so,
management has sole and exclusive discretion to initiate reduction in
pay or removal for that employee. If the employee's contribution
increases to a higher level during the opportunity period and is again
determined to deteriorate in any area within two years from the
beginning of the improvement opportunity period, management has sole
and exclusive discretion to initiate a reduction in pay or removal with
no additional opportunity to improve. If an employee has contributed
appropriately for two years (or longer) from the beginning of an
improvement opportunity period and the employee's overall contribution
once again declines, management will afford the employee an additional
improvement opportunity period to demonstrate increased contribution
before determining whether or not to propose a reduction in pay or
removal.
An employee is entitled to at least a 30-day advance notice of a
proposed reduction in pay or removal action. This advanced notice will
identify specific instances of the employee's inadequate contribution.
The employee will be afforded a reasonable time (as stated in 5 U.S.C.
7513(b)(2)), but not less than seven days, to answer the notice of
proposed action, which may be done orally and/or in writing, at the
employee's discretion.
A decision to reduce pay or remove an employee for inadequate
contribution may only be based on those instances of inadequate
contribution that occurred during the two-year period immediately
preceding the date of the notice of proposed action is
[[Page 29429]]
issued. Management will issue a written notice of its decision on
reduction in pay or removal to the employee at or before the time the
action will be effective. This notice will specify the instances of
inadequate contribution by the employee on which the action is based
and will inform the employee of any applicable appeal or grievance
rights as specified in 5 CFR 432.106.
Management will preserve all relevant documentation concerning a
reduction in pay or removal based on inadequate contribution and make
the relevant documentation available for review by the affected
employee and/or the employee's designated representative. At a minimum,
the documentation will consist of a copy of the notice of proposed
action; the employee's written answer or a written summary of the
employee's oral reply; and the written notice of decision to take the
action, including the reasons therefore, along with any supporting
material including documentation regarding the opportunity afforded the
employee to demonstrate increased contribution.
G. Voluntary Emeritus Corps
The JWAC Commander has the authority to offer former Federal
employees who have retired or separated from the Federal service,
voluntary assignments at JWAC. Voluntary Emeritus Corps assignments are
not considered ``employment'' by the Federal government (except as
indicated below). Thus, such assignments do not affect an employee's
entitlement to buyouts or severance payments based on an earlier
separation from Federal service. The Volunteer Emeritus Corps will
ensure continued quality research while reducing the overall salary
line by allowing higher paid individuals to accept retirement
incentives with the opportunity to retain a presence in the scientific
community. This authority will be of most benefit during manpower
reductions as senior employees could accept retirement and return to
provide valuable on-the-job training or mentoring to less experienced
employees. Volunteer service will not be used to replace any employee,
or interfere with career opportunities of employees. The Volunteer
Emeritus Corps may not be used to replace or substitute for work
performed by civilian employees occupying regular positions required to
perform the JWAC's mission.
To be accepted into the Volunteer Emeritus Corps, a volunteer must
be recommended by a JWAC manager to the JWAC Commander. Everyone who
applies is not entitled to a volunteer assignment. The JWAC Commander
will document the decision process for each candidate and retain
selection and non-selection documentation for the duration of the
assignment or two years, whichever is longer.
To ensure success and encourage participation, the volunteer's
federal retirement pay (whether military or civilian) will not be
affected while serving in a volunteer capacity. Retired or separated
federal employees may accept an emeritus position without a break or
mandatory waiting period.
Volunteers will not be permitted to monitor contracts on behalf of
the government or to participate on any contracts or solicitations
where a conflict of interest exists. The same rules that currently
apply to source selection members will apply to volunteers.
An agreement will be established between the volunteer, the JWAC
Commander, and the JWAC/J1. The agreement will be reviewed by the
USSTRATCOM Legal Office. The agreement must be finalized before the
assumption of duties and will include:
a. A statement that the service provided is gratuitous, that the
volunteer assignment does not constitute an appointment in the civil
service and is without compensation or other benefits except as
provided for in the agreement itself, and that, except as provided in
the agreement regarding work-related injury compensation, any and all
claims against the Government (stemming from or in connection with the
volunteer assignment) are waived by the volunteer;
b. A statement that the volunteer will be considered a federal
employee for the purpose of:
(1) 18 U.S.C. 201, 203, 205, 207, 208, 209, 603, 606, 607, 643,
654, 1905, and 1913;
(2) 31 U.S.C. 1343, 1344, and 1349(b);
(3) 5 U.S.C. chapters 73 and 81;
(4) The Ethics in Government Act of 1978;
(5) 41 U.S.C. chapter 21;
(6) 28 U.S.C. chapter 171 (tort claims procedure), and any other
Federal tort liability statute;
(7) 5 U.S.C. 552a (records maintained on individuals); and
c. The Volunteer Emeritus/Corps participant's work schedule;
d. The length of agreement (defined by length of project or time
defined by weeks, months, or years);
e. The support to be provided by the JWAC (travel, administrative,
office space, supplies);
f. The Volunteer Emeritus Corps participant's duties,
g. A provision that states no additional time will be added to a
participant's service credit for such purposes as retirement, severance
pay, and leave as a result of being a participant in the Volunteer
Emeritus Corps,
h. A provision allowing either party to void the agreement with 10
working days written notice;
i. The level of security access required (any security clearance
required by the assignment will be managed by the JWAC while the
participant is a member of the Volunteer Emeritus Corps);
j. A provision that any written products prepared for publication
that are related to Volunteer Emeritus Corps participation will be
submitted to the JWAC Commander for review and must be approved prior
to publication;
k. A statement that the Volunteer Emeritus Corps participant
accepts accountability for loss or damage to Government property
occasioned by the Volunteer Emeritus Corps participant's negligence or
willful action;
1. A statement that the activities of the Volunteer Emeritus Corps
participant on the premises will conform to the JWAC's regulations and
requirements;
m. A statement that the Volunteer Emeritus Corps participant will
not improperly use or disclose any non-public information, to include
any pre-decisional or draft deliberative information related to DoD
programming, budgeting, resourcing, acquisition, procurement or other
matter, for the benefit or advantage of the Volunteer Emeritus Corps
participant or any non-Federal entities. Volunteer Emeritus Corps
participants will handle all non-public information in a manner that
reduces the possibility of improper disclosure;
n. A statement that the Volunteer Emeritus Corps participant agrees
to disclose any inventions made in the course of work performed at the
JWAC. The JWAC Commander will have the option to obtain title to any
such invention on behalf of the U.S. Government. Should the JWAC
Commander elect not to take title, the JWAC will retain a non-
exclusive, irrevocable, paid up, royalty-free license to practice or
have practiced the invention worldwide on behalf of the U.S.
Government;
o. A statement that the Volunteer Emeritus Corps participant must
complete either a Confidential or Public Financial Disclosure Report,
whichever applies, and ethics training in accordance with office of
Government Ethics regulations prior to implementation of the agreement;
and
p. A statement that the Volunteer Emeritus Corps participant must
receive
[[Page 29430]]
post-government employment advice from a DoD ethics counselor at the
conclusion of program participation. Volunteer Emeritus Program
participants are deemed Federal employees for purposes of post-
government employment restrictions.
H. Employee Development
1. Training for Degrees: degree training is an essential component
of an organization that requires continuous acquisition of advanced and
specialized knowledge. Degree training in the academic environment of
laboratories is also a critical tool for recruiting and retaining
employees with critical skills. Constraints under current law and
regulation limit degree payment to shortage occupations. In addition,
current government-wide regulations authorize payment for degrees based
only on recruitment or retention needs. Degree payment is currently not
permitted for non-shortage occupations involving critical skills.
Under the JWAC-DP, JWAC will expand the authority to provide degree
training for purposes of meeting critical skill requirements, to ensure
continuous acquisition of advanced and specialized knowledge essential
to the organization, and to recruit and retain personnel critical to
the present and future requirements of the organization. It is expected
that the degree payment authority will be used primarily for attainment
of advanced degrees.
2. Sabbaticals: JWAC will have the authority to grant paid
sabbaticals to career employees to permit them to engage in study or
uncompensated work experience that will contribute to their development
and effectiveness. Each sabbatical should benefit JWAC as well as
increase the employee's individual effectiveness. Examples are as
follows: advanced academic teaching, study, or research; self-directed
(independent) or guided study; and on-the-job work experience with a
public, private, or nonprofit organization. Each recipient of a
sabbatical must sign a continued service agreement and agree to serve a
period equal to at least three times the length of the sabbatical.
IV. JWAC--DP Training
The key to the success of the JWAC-DP will be the training provided
for all involved. This training format and content will provide the
workforce with the knowledge and skills necessary to implement the
proposed changes and foster participant commitment to the program
Training, which will begin prior to implementation and continue
throughout the JWAC-DP, will be tailored to the needs of supervisors,
employees, and the administrative staff responsible for assisting
managers in effecting the changeover and operating the new system. At a
minimum, the following subjects will be covered:
An overview of the JWAC-DP personnel system.
How employees are converted into and out of the system.
Broadbanding.
The Contribution-based Compensation System.
V. Conversion
A. Conversion to the Demonstration Project
Initial entry into the JWAC-DP for covered employees is
accomplished through a full employee protection approach that ensures
each employee an initial place in the appropriate broadband level
without loss of pay. Employees are converted into the career path and
broadband level which corresponds to their permanent GS grade and
occupational series of their current appointment (temporary promotions
are not retained), unless there are extenuating circumstances which
require individual attention, such as special pay rates or pay
retention. Adverse action provisions do not apply to the conversion
process as there is no change in total adjusted pay.
Under the GS pay structure, successful employees automatically
progress, from step 1 to 10, within grade, in periodic increments. In
the JWAC-DP, basic pay progression within and through the broadband
levels depends on contribution to the mission, and there are no
automatic within-grade increases (WGIs). Rules governing WGIs under the
current DAF performance plan will continue in effect until the
implementation date. Adjustments to the employees' basic pay for WGI
equity will be computed effective the date of conversion to the JWAC-
DP. WGI equity is acknowledged by increasing basic pay rates by a
prorated share based upon the number of days the employee has performed
at a successful level for purposes of eligibility for the next higher
step under the GS system. Employees at step 10 on the date of
conversion are not eligible for WGI equity adjustments since they are
already at the top step of the corresponding GS pay grade.
All employees are eligible for future locality pay increases for
the geographical areas of their official duty station. Special salary
rates are not applicable to JWAC-DP employees. Employees on special
salary rates at the time of conversion receive a new basic pay rate
which is computed by dividing their highest adjusted basic pay (i.e.,
special pay rate or, if higher, the locality rate) by one plus the
locality pay percentage for their area. The new basic pay rate is then
multiplied by the locality pay percentage and the result is added to
the new basic pay rate to obtain the adjusted basic pay, which is equal
to the adjusted basic pay prior to conversion.
Grade and pay retention entitlements are eliminated. At the time of
conversion, an employee on grade retention will be converted to the
career path and broadband level based on the employee's assigned
position, not the retained grade. The employee's basic pay and adjusted
basic pay while on grade retention status will be used in setting
appropriate pay upon conversion to the JWAC-DP and in determining the
amount of any WGI equity adjustment. An employee's adjusted basic pay
will not be reduced upon conversion.
B. Conversion to Another Personnel System
1. Demonstration Project Termination
In the event the JWAC-DP ends, a conversion back to the former (or
another applicable) Federal Civil Service system may be required. The
grade of employees' positions in the new system will be based upon the
position classification criteria of the gaining system. Employees, when
converted to positions classified under the new system, may be eligible
for pay retention under 5 CFR part 536, if applicable.
However, an employee will not be provided a lower grade than the
grade held by the employee immediately preceding conversion, lateral
reassignment, or lateral transfer into the JWAC-DP, unless since that
time the employee has undergone either a reduction in broadband level
or a reduction in basic pay within the same broadband due to
unacceptable contribution.
2. Conversion or Movement from a Project Position to a General Schedule
Position:
If a demonstration project employee is moving to a GS position not
under the demonstration project, or if the project ends and all project
employees must be converted back to the GS system, the following
procedures will be used to convert the employee's broadband level to a
GS-equivalent grade and the employee's JWAC-DP basic pay to the GS-
equivalent rate of pay for pay setting purposes. The equivalent GS
grade and GS rate of pay must be determined
[[Page 29431]]
before movement or conversion out of the JWAC-DP and any accompanying
geographic movement, promotion, or other simultaneous action.
An employee in a broadband level corresponding to a single GS grade
is placed into that grade as the GS-equivalent grade. An employee in a
broadband corresponding to two or more grades is determined to have a
GS equivalent grade corresponding to one of those grades according to
the following rules:
The employee's adjusted basic pay under the JWAC-DP (including any
locality payment) is compared with step 4 rates in the highest
applicable GS rate range. For this purpose, a GS rate range includes a
rate in:
a. the GS base schedule;
b. the locality rate schedule for the locality pay area in which
the position is located; or
c. the appropriate special rate schedule for the employee's
occupational series, as applicable.
If the series is a two-grade interval series, only odd-numbered
grades are considered below GS-11.
3. For lateral reassignments, the equivalent GS grade and rate will
become the employee's converted GS grade and rate after leaving the
JWAC-DP (before any other action).
For transfers, promotions, and other actions, the converted GS
grade and rate will be used in applying any GS pay administration rules
applicable in connection with the employee's movement out of the JWAC-
DP (e.g., promotion rules, highest previous rate rules, and/or pay
retention rules), as if the GS converted grade and rate were actually
in effect immediately before the employee left the JWAC-DP.
VI. Project Duration and Changes
Pub. L. 103-337 removed the mandatory expiration date for STRL
Demonstration Projects, such as the JWAC-DP. The JWAC-DP evaluation
plan adequately addresses how each flexibility is comprehensively
evaluated.
Many aspects of a Demonstration Project are experimental. Minor
modifications may be made from time to time as experience is gained,
results are analyzed, and conclusions are reached on how the system is
working.
VII. Evaluation Plan
A. Overview
Chapter 47 of title 5 U.S.C. requires that an evaluation be
performed to measure the effectiveness of the demonstration project,
and its impact on improving public management. A comprehensive
evaluation plan for the entire STRL demonstration program, originally
covering 24 DoD laboratories, was developed by a joint OPM/DoD
Evaluation Committee in 1995. This plan was submitted to the Office of
Defense Research & Engineering and was subsequently approved. The main
purpose of the evaluation is to determine whether the waivers granted
result in a more effective personnel system and improvements in
ultimate outcomes (i.e., organizational effectiveness, mission
accomplishment, and customer satisfaction). That plan, while useful, is
dated and does not fully afford the laboratories the ability to
evaluate all aspects of the demonstration project in a way that fully
facilitates assessment and effective modification based on actionable
data. Therefore, in conducting the evaluation JWAC will ensure USD(R&E)
evaluation requirements are met in addition to applying knowledge
gained from other DoD laboratories and their evaluations to ensure a
timely, useful evaluation of the demonstration project.
B. Evaluation Model
An evaluation model for the JWAC-DP will identify elements critical
to an evaluation of the effectiveness of the flexibilities. However,
the main focus of the evaluation will be on intermediate outcomes,
i.e., the results of specific personnel system changes which are
expected to improve human resources management. The ultimate outcomes
are defined as improved organizational effectiveness, mission
accomplishment, and JWAC customer satisfaction.
C. Method of Data Collection
Data from a variety of different sources will be used in the
evaluation. Information from existing management information systems
supplemented with perceptual survey data from employees will be used to
assess variables related to effectiveness. Multiple methods provide
more than one perspective on how the JWAC-DP is working. Information
gathered through one method will be used to validate information
gathered through another. Confidence in the findings will increase as
they are substantiated by the different collection methods. The
following types of qualitative and/or quantitative data may be
collected as part of the evaluation: (1) Workforce data; (2) personnel
office data; (3) employee attitudes and feedback using surveys,
structured interviews, and focus groups; (4) local activity histories;
and/or, (5) core measures of laboratory effectiveness.
VIII. Demonstration Project Costs
Costs associated with the development of the JWAC-DP system include
software automation, training, and project evaluation. All funding will
be provided through JWAC's budget. The timing of the expenditures
depends on the implementation schedule. The projected annual expenses
for each area is summarized in Table 2.
[GRAPHIC] [TIFF OMITTED] TN15MY20.008
[[Page 29432]]
IX. Required Waivers to Law and Regulation
Public Law 103-337 gave the DoD the authority to experiment with
several personnel management innovations. In addition to the
authorities granted by the law, the following are the waivers of law
and regulation that will be necessary for implementation of the JWAC-
DP. In due course, additional laws and regulations may be identified
for waiver requests.
The following waivers and adaptations of certain 5 U.S.C.
provisions are required only to the extent that these statutory
provisions limit or are inconsistent with the actions contemplated
under this demonstration project. Nothing in this plan is intended to
preclude the JWAC-DP from adopting or incorporating any law or
regulation enacted, adopted, or amended after the effective date of
this demonstration project.
A. Title 5, United States Code
1. Chapter 5, section 522a: Records. Waived to the extent required
to clarify that volunteers under the Voluntary Emeritus Corps are
considered employees of the Federal government for purposes of this
section.
2. Chapter 29, section 2903: Oath; authority to administer. Waived
insofar as the JWAC Commander may administer the oath of office.
3. Chapter 31, section 3104: Employment of Specially Qualified
Scientific and Professional Personnel. Waived to allow SSTM authority
as described in this FRN and 79 FR 43722.
4. Chapter 31, section 3132: The Senior Executive Service;
Definitions and exclusions. Waived to allow SSTM authority as described
in this FRN and 79 FR 43722.
5. Chapter 33, Subchapter 1, Examination, Certification, and
Appointment. Waived to the extent necessary to utilize the authorities
authorized in 82 FR 43339.
6. Chapter 33, section 3308: Competitive Service; Examinations;
Educational Requirements Prohibited. This section is waived with
respect to the scholastic achievement appointment authority.
7. Chapter 33, section 3317(a), Competitive Service; certification
from registers. Waived insofar as ``rule of three'' is eliminated.
8. Chapter 33, section 3318(a), Competitive Service; selection from
certificates. Waived insofar as ``rule of three'' is eliminated under
the JWAC-DP.
9. Chapter 33, section 3321: Competitive Service; Probationary
Period. This section waived only to the extent necessary to replace
``grade'' with ``broadband level.''
10. Chapter 33, section 3324 and section 3325: Appointments to
Positions Classified Above GS-15. Waived in entirety to allow SSTM
authority as described in this FRN and 79 FR 43722.
11. Chapter 33, section 3327: Civil service employment information.
Waived to the extent necessary to allow public notice other than
USAJobs for the Distinguished Scholastic Achievement Authority
described in this FRN.
12. Chapter 33, section 3330: Government-wide list of vacant
positions. Waived to the extent necessary to allow public notice other
than USAJobs for the Distinguished Scholastic Achievement Authority
described in this FRN.
13. Chapter 33, section 3341: Details. This waiver applies to the
extent necessary to waive the time limits for details.
14. Chapter 35, section 3522: Agency VSIP Plans approval. Waived to
remove the requirement to submit a plan to OPM prior to obligating any
resources for voluntary separation incentive payments.
15. Chapter 35, section 3523(b)(3): Related to voluntary separation
incentive payments. Waived to the extent necessary to utilize the
authorities authorized in 82 FR 43339.
16. Chapter 41, section 4107: Pay for Degrees. Waived to the extent
necessary to allow degree training under the Developmental
Opportunities described in this FRN.
17. Chapter 41, section 4108. Employee Agreements; Service after
Training. Waived to the extent necessary to (1) provide that the
employee's service obligation is to JWAC for the period of the required
service; (2) permit the JWAC Commander to waive in whole or in part a
right of recovery; and (3) require an employee in the student
educational employment program who has received tuition assistance to
sign a service agreement up to three times the length of the training.
18. Chapter 43, sections 4301-4305: Related to performance
appraisal. These sections are waived to the extent necessary to allow
provisions of the Contribution-based Compensation System as described
in this FRN.
19. Chapter 51, sections 5101-5112: Related to classification
standards and grading. Waived to the extent that white collar employees
will be covered by the broadbanding system and to the extent necessary
to allow classification provisions described in this FRN.
20. Chapter 53, sections 5301-5307: Related to pay comparability
system and GS pay rates. Waived to the extent necessary to allow JWAC-
DP employees, including SSTM employees, to be treated as GS employees,
and to allow basic rates of pay under the demonstration project to be
treated as scheduled rates of pay. SSTM pay will not exceed EX-IV and
locality adjusted SSTM rates will not exceed EX III.
21. Chapter 53, sections 5331-5336: General Schedule pay rates.
These waivers apply to the extent necessary to: (1) Allow JWAC-DP
employees to be treated as GS employees; (2) allow the provisions of
this FRN pertaining to setting rates of pay; and (3) waive sections
5335 and 5336 in their entirety.
22. Chapter 53, sections 5361-5366: Grade and pay retention. Waived
to the extent necessary to allow for the elimination of pay and grade
retention provisions as described in this FRN.
23. Chapter 55, section 5542(a)(1)-(2): Overtime rates;
computation. These sections are adapted only to the extent necessary to
provide that the GS-10 minimum special rate (if any) for the special
rate category to which a project employee belongs is deemed to be the
``applicable special rate'' in applying the pay cap provisions in 5
U.S.C. 5542.
24. Chapter 55, section 5545(d): Hazardous duty differential. This
waiver applies only to the extent necessary to allow JWAC-DP employees
to be treated as GS employees.
25. Chapter 57, section 5753: Recruitment and Relocation Bonuses.
Waived to the extent necessary to allow JWAC-DP employees, including
SSTM employees, to be treated as GS employees.
26. Chapter 57, section 5754: Relocation Bonuses. Waived to the
extent necessary to allow provisions of the retention counteroffer and
incentives as described in this FRN.
27. Chapter 57, section 5755: Supervisory Differentials. Waived to
the extent necessary to allow SSTM supervisory pay differential
provisions as described in 79 FR 43722.
28. Chapter 75, sections 7501(1), 7511(a)(1)(A)(ii), and
7511(a)(1)(C)(ii): Adverse Actions--Definitions. Waived to the extent
necessary to: (1) Allow for up to a three-year probationary period, (2)
remove the reference to one year of current continuous service, and (3)
permit termination during the extended probationary period without
using adverse action procedures for those employees serving a
probationary period under an initial appointment except for those with
veterans' preference.
[[Page 29433]]
29. Chapter 75, section 7512(3): Adverse actions. This waiver
applies only to the extent necessary to replace ``grade'' with
``broadband level'' and to exclude reductions in broadband level not
accompanied by a reduction in pay.
30. Chapter 75, section 7512(4): Adverse actions. This waiver
applies only to the extent necessary to provide that adverse action
provisions do not apply to conversions from GS special rates to JWAC-DP
pay, as long as total pay is not reduced.
31. Chapter 99, section 9902(f): Related to voluntary separation
incentive payments. Waived to the extent necessary to utilize the
authorities authorized in 82 FR 43339.
B. Title 5, Code of Federal Regulations
1. Part 300, Employment (General), other than Subpart G of Part
300. Waived to the extent necessary to allow provisions of the direct
hire authorities as described in 79 FR 43722 and 82 FR 29280.
2. Part 300.601-300.605: Time-in-Grade requirements. Waived to
eliminate time-in-grade restrictions.
3. Part 315.801-315.802: Probationary Period. Waived to allow the
extended probationary period.
4. Part 315.803(b): Agency Action during probationary period
(general). Waived to allow for termination during an extended
probationary period without using adverse action procedures under
subpart D of part 752, 5 U.S.C.
5. Part 315, section 315.901 and 315.907: Statutory requirements.
This waiver applies only to the extent necessary to replace ``grade''
with ``broadband level.''
6. Part 316, sections 316.301, 316.303, and 316.304: Term
Employment. Waived to the extent necessary to allow Flexible Length and
Renewable Term Technical Appointments as described in this FRN and in
82 FR 43339.
7. Part 330.103-330.105: Related to filling vacancies. Waived to
the extent necessary to allow the STRL to publish competitive
announcements outside of USAJobs.
8. Part 332 and 335: Related to competitive examination and agency
promotion programs. Waived to the extent necessary to (1) allow
employees appointed on a Flexible Length and Renewable Term Technical
Appointment to apply for federal positions as status candidates; (2)
allow no rating and ranking when there are 15 or fewer qualified
applicants and no preference eligible candidates; (3) allow the hiring
and appointment authorities as described in this FRN; (4) eliminate the
``rule of three'' requirement; and (5) to extend the length of details
and temporary promotions without requiring competitive procedures as
described in this FRN.
9. Part 337.101(a): Rating applicants. Waived to the extent
necessary to allow referral without rating when there are 15 or fewer
qualified candidates and no qualified preference eligible candidates.
10. Part 338.301: Competitive service appointment. Waived to allow
for Distinguished Scholastic Achievement Authority grade point average
requirements as described in this FRN.
11. Part 359.705: Removal from the Executive Service, Pay. Waived
to allow demonstration project rules governing pay retention to apply
to a former SES employee placed in an SSTM or broadband level IV
position.
12. Part 410, section 410.308(a-f): Training to obtain an academic
degree. Waived to the extent necessary to allow provisions described in
this FRN.
13. Part 410, section 309: Agreements to continue in Service. This
waiver applies to that portion that pertains to the authority of the
head of the agency to determine continued service requirements, to
waive repayment of such requirements, and to the extent that the
service obligation is to JWAC.
14. Part 430, Subpart B: Performance Appraisal for General
Schedule, Prevailing Rate, and Certain Other Employees. Waived to the
extent necessary to apply the Contribution-based Compensation System
described in this FRN.
15. Part 432.102-432.105: Related to performance based actions. (1)
Modified to the extent that an employee may be removed, reduced in
broadband level with a reduction in pay, reduced in pay without a
reduction in broadband level and reduced in broadband level without a
reduction in pay based on unacceptable performance; (2) modified to
delete reference to critical element; (3) waived to the extent
necessary to replace ``grade'' with ``broadband''; (4) waived to
exclude reductions in broadband level not accompanied by a reduction in
pay; (5) allow provisions of CCS and addressing inadequate contribution
as described in this FRN; and (6) waive ``If an employee has performed
acceptably for 1 year'' to allow for ``within two years'' from the
beginning of an opportunity period.
16. Part 511 Subpart A, B, and F: Classification Under the General
Schedule. Waived to the extent necessary to allow classification
provisions outlined in this FRN, to include the list of issues that are
neither appealable nor reviewable, the assignment of series under the
JWAC-DP plan to appropriate career paths; and to allow informal appeals
to be decided by the JWAC Commander.
17. Part 530, Subpart C: Special salary rates. Waived in its
entirety.
18. Part 531, Subparts B, D, and E: Determining rate of basic pay,
within-grade increases, and quality step increases. Waived in its
entirety.
19. Part 531, Subpart F: Locality pay. This waiver applies only to
the extent necessary to allow JWAC-DP employees, including SSTMs, to be
treated as GS employees, and basic rates of pay under the demonstration
project to be treated as scheduled annual rates of pay. This waiver
does not apply to ST employees who continue to be covered by these
provisions, as appropriate.
20. Part 536: Grade and pay retention. Waived to the extent
necessary to allow the maintained pay provisions described in this FRN
and to allow personnel in SSTM positions to receive maintained pay as
described in this FRN.
21. Part 550.703: Severance Pay. This waiver applies only to the
extent necessary to modify the definition of ``reasonable offer'' by
replacing ``two grades or pay levels'' with ``one band level'' and
``grade or pay level'' with ``band level.''
22. Part 575, subparts A, B, and C: Recruitment Incentives,
Relocation Incentives, and Retention Incentives. Waived to the extent
necessary to allow employees and positions under the JWAC-DP covered by
the broadbanding system to be treated as employees and positions under
the GS system.
23. Part 752, sections 752.201 and 752.401: Principal statutory
requirements and coverage. Waived to the extent necessary to: (1) Allow
extended probationary periods and to permit termination during the
extended probationary period without using adverse action procedures
for those individuals serving a probationary period under an initial
appointment; (2) replace ``grade'' with ``broadband level''; and (3)
provide that adverse action provisions do not apply to conversions from
GS special rates to JWAC-DP pay, so long as total pay is not reduced.
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Dated: May 12, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2020-10481 Filed 5-14-20; 8:45 am]
BILLING CODE 5001-06-C