[Federal Register Volume 85, Number 235 (Monday, December 7, 2020)]
[Notices]
[Pages 78829-78839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26775]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Department of Defense Science and Technology Reinvention 
Laboratory Personnel Demonstration Project Program

AGENCY: Under Secretary of Defense for Research and Engineering 
(USD(R&E)), Department of Defense (DoD).

ACTION: This notice provides new authorities to all Science and 
Technology Reinvention Laboratory (STRL) Personnel Demonstration (Demo) 
Projects.

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SUMMARY: STRLs may implement innovative approaches to attract and 
retain exceptional talent. The flexibilities described herein allow the 
STRLs to better manage their workforce and applicant pools by 
providing: A streamlined approach to receiving applications; an 
efficient process for determining whether applicants are qualified; 
flexibility to set an entrance on duty date prior to receipt of an 
applicant's official transcript; an additional direct hiring authority; 
a flexible-length and renewable-term appointment authority for 
positions providing direct support to the STRL; an increase in the 
maximum student loan repayment amount; and the ability to waive the 
completion of a background investigation prior to employment in a 
Special-Sensitive position.

DATES: Implementation of this Federal Register notice will begin no 
earlier than December 7, 2020.

FOR FURTHER INFORMATION CONTACT: 
    Department of the Air Force:
    <bullet> Air Force Research Laboratory: Ms. Rosalyn Jones-Byrd, 
937-656-9747, <a href="/cdn-cgi/l/email-protection#0b5964786a677265254164656e78264972796f4b7e78256a6d25666267"><span class="__cf_email__" data-cfemail="34665b4755584d5a1a7e5b5a514719764d46507441471a55521a595d58">[email protected]</span></a>.
    <bullet> Joint Warfare Analysis Center: Ms. Amy Balmaz, 540-653-
8598, <a href="/cdn-cgi/l/email-protection#08496571265c264a6964656972266b617e486569616426656164"><span class="__cf_email__" data-cfemail="28694551067c066a4944454952064b415e684549414406454144">[email protected]</span></a>.
    Department of the Army:
    <bullet> Army Research Institute for the Behavioral and Social 
Sciences: Dr. Scott Shadrick, 254-288-3800, 
<a href="/cdn-cgi/l/email-protection#bae9d9d5cece94f894e9d2dbdec8d3d9d194d9d3ccfad7dbd3d694d7d3d6"><span class="__cf_email__" data-cfemail="481b2b273c3c660a661b20292c3a212b23662b213e082529212466252124">[email protected]</span></a>.
    <bullet> Combat Capabilities Development Command Armaments Center: 
Mr. Mike Nicotra, 973-724-7764, <a href="/cdn-cgi/l/email-protection#1e53777d767f7b7230543050777d716a6c7f307d77685e737f777230737772"><span class="__cf_email__" data-cfemail="82cfebe1eae3e7eeacc8acccebe1edf6f0e3ace1ebf4c2efe3ebeeacefebee">[email protected]</span></a>.
    <bullet> Combat Capabilities Development Command Army Research 
Laboratory: Mr. Christopher Tahaney, 410-278-9069, 
<a href="/cdn-cgi/l/email-protection#44072c362d37302b342c21366a176a10252c252a213d6a272d320429252d286a292d28"><span class="__cf_email__" data-cfemail="db98b3a9b2a8afb4abb3bea9f588f58fbab3bab5bea2f5b8b2ad9bb6bab2b7f5b6b2b7">[email protected]</span></a>.
    <bullet> Combat Capabilities Development Command Aviation and 
Missile Center: Ms. Nancy Salmon, 256-876-9647, 
<a href="/cdn-cgi/l/email-protection#3e705f505d47107d106d5f525351500c105d57487e535f575210535752"><span class="__cf_email__" data-cfemail="f2bc939c918bdcb1dca1939e9f9d9cc0dc919b84b29f939b9edc9f9b9e">[email protected]</span></a>.
    <bullet> Combat Capabilities Development Command Chemical 
Biological Center: Ms. Patricia Milwicz, 410-417-2343, 
<a href="/cdn-cgi/l/email-protection#3969584d4b505a50581775177450554e505a43175a504f795458505517545055"><span class="__cf_email__" data-cfemail="81d1e0f5f3e8e2e8e0afcdafcce8edf6e8e2fbafe2e8f7c1ece0e8edafece8ed">[email protected]</span></a>.
    <bullet> Combat Capabilities Development Command Command, Control, 
Communications, Computers, Cyber, Intelligence, Surveillance, and 
Reconnaissance Center: Ms. Angela Clybourn, 443-395-2110, 
<a href="/cdn-cgi/l/email-protection#ebaa858c8e878ac5a6c5a8879289849985c588829dab868a8287c5868287"><span class="__cf_email__" data-cfemail="3a7b545d5f565b147714795643585548541459534c7a575b535614575356">[email protected]</span></a>.
    <bullet> Combat Capabilities Development Command Ground Vehicle 
Systems Center: Ms. Jennifer Davis, 586-306-4166, 
<a href="/cdn-cgi/l/email-protection#3379565d5d5a5556411d7f1d7752455a40021d505a45735e525a5f1d5e5a5f"><span class="__cf_email__" data-cfemail="3f755a515156595a4d1173117b5e49564c0e115c56497f525e565311525653">[email protected]</span></a>.
    <bullet> Combat Capabilities Development Command Soldier Center: 
Ms. Joelle Montecalvo, 508-206-3421, <a href="/cdn-cgi/l/email-protection#3c76535950505912771271535248595f5d504a53125f554a7c515d555012515550"><span class="__cf_email__" data-cfemail="ace6c3c9c0c0c982e782e1c3c2d8c9cfcdc0dac382cfc5daecc1cdc5c082c1c5c0">[email protected]</span></a>.
    <bullet> Engineer Research and Development Center: Ms. Patricia 
Sullivan, 601-634-3065, <a href="/cdn-cgi/l/email-protection#3e6e5f4a4c575d575f1073106d4b525257485f507e4b4d5f5d5b105f4c534710535752"><span class="__cf_email__" data-cfemail="c494a5b0b6ada7ada5ea89ea97b1a8a8adb2a5aa84b1b7a5a7a1eaa5b6a9bdeaa9ada8">[email protected]</span></a>.
    <bullet> Medical Research and Development Command: Ms. Linda Krout, 
301-619-7276, <a href="/cdn-cgi/l/email-protection#1d517473797c335733566f726869337e746b5d707c747133707471"><span class="__cf_email__" data-cfemail="eca08582888dc2a6c2a79e839998c28f859aac818d8580c2818580">[email protected]</span></a>.
    <bullet> Technical Center, Space and Missile Defense Command: Dr. 
Chad Marshall, 256-955-5697, <a href="/cdn-cgi/l/email-protection#51123930357f1b7f1c30232239303d3d7f323827113c30383d7f3c383d"><span class="__cf_email__" data-cfemail="f8bb90999cd6b2d6b5998a8b90999494d69b918eb895999194d6959194">[email protected]</span></a>.
    Department of the Navy:
    <bullet> Naval Air Warfare Center, Weapons Division and Aircraft 
Division: Mr. Richard Cracraft, 760-939-8115, 
<a href="/cdn-cgi/l/email-protection#ebb98288838a998fc5a8998a88998a8d9fab858a9d92c5868287"><span class="__cf_email__" data-cfemail="580a313b30392a3c761b2a393b2a393e2c1836392e2176353134">[email protected]</span></a>.
    <bullet> Naval Facilities Engineering Command Engineering and 
Expeditionary Warfare Center: Ms. Lori Leigh, 805-901-5917, 
<a href="/cdn-cgi/l/email-protection#9dd1f2eff4b3d1f8f4faf5ddf3fcebe4b3f0f4f1"><span class="__cf_email__" data-cfemail="337f5c415a1d7f565a545b735d52454a1d5e5a5f">[email protected]</span></a>.
    <bullet> Naval Information Warfare Centers:
    [cir] Naval Information Warfare Center Atlantic: Mr. Michael 
Gagnon, 843-218-3871, <a href="/cdn-cgi/l/email-protection#b8f5d1dbd0d9ddd496f496ffd9dfd6d7d6f8d6d9cec196d5d1d4"><span class="__cf_email__" data-cfemail="763b1f151e17131a583a58311711181918361817000f581b1f1a">[email protected]</span></a>.
    [cir] Naval Information Warfare Center Pacific: Ms. Angela Hanson, 
619-553-0833, <a href="/cdn-cgi/l/email-protection#1859767f7d7479365079766b77765876796e6136757174"><span class="__cf_email__" data-cfemail="07466960626b66294f6669746869476966717e296a6e6b">[email protected]</span></a>.
    <bullet> Naval Medical Research Center: Dr. Richard Arnold, 937-
938-3877, <a href="/cdn-cgi/l/email-protection#14467d777c7566703a55667a7b78703a25245461673a75723a797d78"><span class="__cf_email__" data-cfemail="8fdde6ece7eefdeba1cefde1e0e3eba1bebfcffafca1eee9a1e2e6e3">[email protected]</span></a>.
    <bullet> Naval Research Laboratory: Ms. Ginger Kisamore, 202-767-
3792, <a href="/cdn-cgi/l/email-protection#4106282f2624336f0a2832202c2e3324012f332d6f2f2037386f2c282d"><span class="__cf_email__" data-cfemail="0b4c62656c6e79254062786a6664796e4b65796725656a7d7225666267">[email protected]</span></a>.
    <bullet> Naval Sea Systems Command Warfare Centers: Ms. Diane 
Brown, 215-897-1619, <a href="/cdn-cgi/l/email-protection#d793beb6b9b2f99df995a5b8a0b997b9b6a1aef9babebb"><span class="__cf_email__" data-cfemail="74301d151a115a3e5a36061b031a341a15020d5a191d18">[email protected]</span></a>.
    <bullet> Office of Naval Research: Ms. Margaret J. Mitchell, 703-
588-2364, <a href="/cdn-cgi/l/email-protection#ade0ccdfcaccdfc8d983e783e0c4d9cec5c8c1c1edc3ccdbd483c0c4c1"><span class="__cf_email__" data-cfemail="e5a884978284978091cbafcba88c91868d808989a58b84939ccb888c89">[email protected]</span></a>.
    DoD:
    <bullet> Dr. Jagadeesh Pamulapati, Director, Laboratories and 
Personnel Office, 571-372-6372, <a href="/cdn-cgi/l/email-protection#155f747274717070667d3b4574786079746574617c3b767c635578747c793b787c79"><span class="__cf_email__" data-cfemail="763c171117121313051e5826171b031a170617021f58151f00361b171f1a581b1f1a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

1. Background

    Section 342(b) of the National Defense Authorization Act (NDAA) for 
Fiscal Year (FY) 1995, Public Law (Pub. L.)

[[Page 78830]]

103-337, as amended by section 1109 of the NDAA for FY 2000, Public Law 
106- 65, section 1114 of the NDAA for FY 2001, Public Law 106-398, and 
section 211 of the NDAA for FY 2017, Public Law 114.328 (10 U.S.C. 2358 
note), authorizes the Secretary of Defense (SECDEF), through the 
USD(R&E), to conduct personnel demonstration projects at DoD 
laboratories designated as Science and Technology Reinvention 
Laboratories (STRLs). All STRLs authorized by section 1105 of the NDAA 
for FY 2010, Public Law 111-84 (10 U.S.C. 2358 note), as amended by 
section 1104 of the NDAA for FY 2018, Public Law 115-91 (10 U.S.C. 2358 
note), as well as any newly designated STRLs authorized by the SECDEF 
or future legislation, may use the provisions described in this Federal 
Register Notice (FRN). STRLs implementing these flexibilities must have 
an approved personnel demonstration project plan published in an FRN 
and must fulfill any collective bargaining obligations. Each STRL will 
establish internal operating procedures (IOPs) as appropriate.
    The 20 current STRLS are:

<bullet> Air Force Research Laboratory
<bullet> Joint Warfare Analysis Center
<bullet> Army Research Institute for the Behavioral and Social Sciences
<bullet> Army Research Laboratory
<bullet> Combat Capabilities Development Command Armaments Center
<bullet> Combat Capabilities Development Command Aviation and Missile 
Center
<bullet> Combat Capabilities Development Command Chemical Biological 
Center
<bullet> Combat Capabilities Development Command Command, Control, 
Communications, Computers, Cyber, Intelligence, Surveillance, and 
Reconnaissance Center
<bullet> Combat Capabilities Development Command Ground Vehicle Systems 
Center
<bullet> Combat Capabilities Development Command Soldier Center
<bullet> Engineer Research and Development Center
<bullet> Medical Research and Development Command
<bullet> Technical Center, U.S. Army Space and Missile Defense Command
<bullet> Naval Air Warfare Center
<bullet> Naval Facilities Engineering Command Engineering and 
Expeditionary Warfare Center
<bullet> Naval Information Warfare Centers, Atlantic and Pacific
<bullet> Naval Medical Research Center
<bullet> Naval Research Laboratory
<bullet> Naval Sea Systems Command Warfare Centers
<bullet> Office of Naval Research

2. Summary of Comments

    On September 16, 2020 (85 FR 57842-57847), the Department of 
Defense published a notice titled ``Department of Defense Science and 
Technology Reinvention Laboratory Personnel Demonstration Project 
Program'' for a 30-day public comment period. The public comment period 
ended on October 16, 2020. No public comments were received.

3. Overview

1. Introduction

A. Purpose

    This notice provides new personnel management flexibilities 
designed to enable the STRLs to be more agile and competitive in 
attracting, hiring, and continuously shaping world-class candidates in 
science, technology, engineering, and mathematics (STEM) career fields 
and in career fields that directly support the STRL mission. This FRN 
describes several flexibilities that support these innovative 
approaches to the Federal hiring process including:
    (1) Authority to utilize an alternative method to announcing 
position vacancies.
    (2) Authority to modify Office of Personnel Management (OPM) 
policies when determining a combination of experience and education is 
qualifying for science and engineering (S&E) positions.
    (3) Authority to establish an entrance on duty (EOD) date prior to 
receipt of official college transcripts.
    (4) Authority to utilize direct hire for any position (1) involving 
51 percent or more of time in direct support of the STRL mission; (2) 
identified by the STRL as hard to fill; (3) having a history of high 
turnover; or (4) requiring a unique, laboratory-related skillset.
    (5) Authority to appoint candidates to flexible-length or 
renewable-term positions that provide direct support to the STRL.
    (6) Authority to offer flexible and meaningful student loan 
repayment options that keep up with college tuition inflation rates.
    (7) Authority to make a final job offer and establish an EOD prior 
to a final favorable eligibility determination at the Top Secret/
Sensitive Compartmented Information (SCI) level.

B. Required Waivers to Law and Regulation

    Waivers and adaptations of certain title 5, U.S. Code (U.S.C.), and 
title 5, Code of Federal Regulations (CFR), provisions are required 
only to the extent that these statutory and regulatory provisions limit 
or are inconsistent with the actions authorized under these 
demonstration projects. Appendix A lists waivers needed to enact 
authorities described in this FRN. Nothing in this plan is intended to 
preclude the STRLs from adopting or incorporating any law or regulation 
enacted, adopted, or amended after the effective date of this FRN.

C. Problems With the Present System and Expected Benefits

    (1) Despite the authorities already established for the STRLs, it 
is difficult to find and attract specialized talent in high-demand STEM 
and direct support career fields as they compete with other Government 
agencies, industry, and academia. The STRLs have difficulty hiring 
elite talent because of long, arbitrary, and layered processes, unlike 
their industry counterparts, who are able to pay more, hire faster, and 
be more agile.
    USAJobs creates a hindrance as the STRLs try to attract highly 
sought after talent, both external and internal to the Federal 
government. Candidates must search through pages of opportunities, 
which may or may not lead to STRL opportunities; job advertisements 
often lack luster in description; and candidates face a long 
application process if they do apply to opportunities. This, coupled 
with the extensive onboarding process, creates a huge deterrent as the 
STRLs compete to attract top-tier talent.
    In order for STRLs to obtain a competitive edge in the battle for 
talent, it is imperative that they have an expedited, simpler method 
for finding interested candidates and ensuring their resumes are seen 
by hiring managers. USAJobs flyer job announcements for direct hire and 
reassignment opportunities will direct the applicants to the hiring 
STRL without having to apply through the lengthy USAJobs process and 
the Component's application process.
    (2) Many STRL S&E positions are considered interdisciplinary in 
nature as different skillsets are equally relevant to the work. 
Additionally, OPM classification and qualification standards are not 
kept up to date with newer career fields, emerging technologies, and 
changing skill requirements. The ability to hire based on demonstrated 
skillsets instead of degrees attained for specific occupational series 
will enable the STRLs to focus on hiring talent versus credentials.
    The OPM ``General Schedule Qualifications Policies'' describe a

[[Page 78831]]

method of qualifying a candidate based on demonstrated skills when the 
candidate does not meet educational requirements. As provided by 
paragraph 4.g. in the ``Application of Qualification Standards'' 
section, ``Educational and Training Provisions or Requirements'' 
subsection, a comprehensive evaluation of the applicant's entire 
background is made by a panel of at least two individuals with 
professional standing in the field.
    In an effort to reduce the time it takes to establish a panel and 
hold the review, one subject matter expert (SME) will be considered 
sufficient to qualify the applicant for STRL positions. STRL managers 
with direct knowledge of the mission, regardless of their occupational 
series or military occupation codes, will be considered SMEs for 
purposes of determining qualifications under this authority.
    (3) S&E positions have positive education requirements that must be 
verified by the hiring authorities. Servicing personnel offices 
typically request unofficial transcripts or a letter from the registrar 
from applicants in the beginning stages of the hiring process in order 
to make preliminary qualification determinations. Applicants must wait 
to receive their start dates until after their official transcripts 
have been received and reviewed.
    On average, it takes approximately two weeks to receive transcripts 
through postal mail and one week to receive electronic transcripts. 
Both timeframes increase significantly if transcripts are lost or the 
electronic transcript codes are unknowingly sent to a junk email box. 
New college graduates face even longer delays as generally there is a 
four- to six-week delay in obtaining their official transcripts after 
graduation. At the same time, discrepancies between an official 
transcript and the unofficial or registrar letter confirming completion 
of degree requirements occur extremely rarely.
    In order for STRLs to compete better with industry and academia, 
this FRN authorizes STRLs to hire candidates using unofficial 
transcripts or a letter from the registrar's office stating the student 
is in the final semester and providing the expected completion/
graduation date. These new hires will be required to provide official 
transcripts within 30 calendar days after they report to duty. This 
will allow the STRLs to complete the hiring in a parallel versus serial 
approach, which will significantly reduce the length of the hiring 
process. If official transcripts are not provided or fail to show proof 
of the required qualification requirements, individuals may be removed.
    (4) STRLs are not just pursuing scientific and engineering talent, 
but all talent, ensuring there are always qualified staff to support 
the mission. Strong support staff are essential to ensuring the STRLs 
are prepared to maintain and advance technology. In addition to the 
direct hire authorities authorized for S&E positions, the STRLs need to 
utilize a direct hire authority to recruit for positions that directly 
support the unique STRL missions, are identified by the STRLs as hard 
to fill, have a history of high turnover, or require unique, 
laboratory-related skillsets. For example, recruitment and retention of 
qualified police officers and security guards have become critical 
issues for some STRLs. Remote sites must be properly protected by 
qualified personnel to ensure there is not a mission failure resulting 
from insufficient protection of property and personnel. The ability to 
use a direct hire authority for support positions will greatly reduce 
the hiring timelines and allow for more streamlined hiring processes to 
promptly place personnel into critical support positions.
    (5) STRLs need the ability to shape the mix of skills and expertise 
in the entire workforce to meet organizational and Department-
designated missions in the most cost-effective and efficient manner; to 
shape the workforce to better respond to such missions; and to reduce 
the average unit cost of the workforce. Component and DoD-level 
drawdowns sometimes prevent STRLs from hiring even though the STRLs 
have funding and industrially funded missions. Typical term 
appointments, while limited in length, may provide a means to hire 
during these times.
    Similar to the flexible-length and renewable-term technical 
appointment authority provided in section 1109 of the FY 2016 NDAA, as 
amended and documented in 82 FR 43339, STRLs need the ability to 
appoint qualified candidates to positions providing direct support to 
their missions for a period of more than one year, but not more than 
six years, with the ability to extend in up to six-year increments. 
This flexible-length and renewable-term appointment authority will give 
the STRLs the ability to attract candidates who are willing to accept 
such flexible assignments, and employees will be given benefits similar 
to those received by the career workforce.
    (6) The average cost for a four-year undergraduate degree can range 
from $40,000 for in-state tuition and fees at a public university or 
college to over $225,000 for an Ivy League degree. Advanced degrees add 
significantly to these costs. The current allowable Student Loan 
Repayment Program (SLRP) amount, established in 2003, has a maximum of 
$60,000, paid in $10,000 increments. The average annual inflation rate 
between 2000 and 2019 for in-state college tuition was 5.13 percent. To 
remain in line with inflation, and to stay competitive with private 
industry and academia, the SLRP amount should be over $100,000. At the 
present SLRP amount, industry is willing to buy out a Federal 
employee's service agreement in order to entice them to come work for 
them.
    The authority to offer a SLRP up to $125,000 in up to $25,000 
yearly installments will provide a meaningful student loan repayment 
program that may provide the STRLs the ability to recruit, hire, and 
retain top talent. The Office of the Under Secretary of Defense for 
Research and Engineering (OUSD(R&E)) may adjust this amount as 
necessary to maintain competitiveness with industry and academia and to 
continue to enable the STRLs to attract and recruit top talent.
    (7) The present method for obtaining security eligibility for an 
SCI position is slow and time consuming. Currently, final job offers 
cannot be extended to candidates for Special-Sensitive positions 
without their first obtaining a final favorable eligibility 
determination at the SCI level.
    Title 5 CFR 1400.202 prohibits an organization from waiving the 
security requirements for candidates being selected for these Special-
Sensitive positions. This exclusion significantly delays the timeline 
for hiring a person into a Special-Sensitive position. Average time to 
complete a Special-Sensitive security investigation is well over a 
year. This constrains the STRL's ability to complete its mission; 
causes strain and burnout on the rest of the personnel as they try to 
fill in for manning gaps; and deters top-tier talent from applying to 
positions.
    The authority to make a final job offer and establish an EOD prior 
to a final favorable eligibility determination at the Top Secret/SCI 
level will provide STRLs the ability to make timely job offers.

D. Participating Organizations and Employees

    All DoD laboratories designated as STRLs under section 1105 of the 
NDAA for FY 2010, Public Law 111-84, as amended by section 1105 of the 
NDAA for FY 2015, Public Law 113-291, and section 1104 of the NDAA for 
FY 2018, Public Law 115-91 (10 U.S.C. 2358 note), including any newly 
designated STRLs authorized by the SECDEF or by

[[Page 78832]]

future legislation, with approved personnel demonstration project plans 
published in FRNs may use the provisions described in this FRN.

II. Personnel System Changes

A. Description and Implementation

(1) Use of USAJobs Flyers
    STRLs have authority to determine when to utilize USAJobs flyers to 
solicit for STRL positions. Applications may be submitted directly to 
the human resources liaison in the STRL. Candidates may apply through 
the link or email address found in the flyer. Postings may be open to 
internal Government employees and external U.S. citizen candidates. All 
candidates will be asked to submit supporting documentation to include 
a resume and official or unofficial transcripts. Flyers will include 
the following (1) open/close dates, (2) compensation, (3) appointment 
type and work schedule, (4) duty location, (5) duties, (6) position 
information, (7) conditions of employment, (8) qualification 
requirements, (9) education requirements, (10) how candidates will be 
evaluated, (11) benefits, (12) how to apply, (13) an equal employment 
opportunity statement, and (14) any additional information determined 
necessary by the STRL.
    a. Positions may be filled through direct hire authorities on a 
temporary, term, or permanent basis or through reassignment utilizing 
the USAJobs flyer. When documenting direct hire actions, cite the first 
legal authority code (LAC)/legal authority for all permanent, term, 
temporary, or special demonstration project appointments as Z2U/Public 
Law 103-337. The second LAC/legal authority will be cited as the 
appropriate direct hire authority, Z5C/Direct Hire Authority 
(appropriate legal authority).
    b. When documenting reassignment actions, cite the LAC/legal 
authority as Z2U/Public Law 103-337.
(2) Hiring Demonstrated Exceptional Talent Versus Credentials
    As provided by OPM ``General Schedule Qualification Standards,'' 
paragraph 4.g., in the ``Application of Qualification Standards'' 
section, ``Educational and Training Provisions or Requirements'' 
subsection, STRLs may consider demonstrated exceptional experience or a 
combination of experience and education in lieu of a candidate's 
meeting OPM individual occupational qualification requirements for S&E 
positions. Utilizing the STRL modification to this provision, the STRLs 
may use one SME, instead of a panel of at least two, to conduct a 
comprehensive evaluation of an applicant's entire background, with full 
consideration given to both education and experience, to determine a 
candidate's qualifications. In addition, the unique nature of STRL 
interdisciplinary positions allows for an STRL manager with direct 
knowledge of the mission and position requirements, regardless of his 
or her occupational series or military occupation code, to serve as a 
SME to represent the needs of the organization.
    Demonstrated exceptional experience is defined as experience that 
reflects significant accomplishment directly applicable to the position 
to be filled. This is evinced through a substantial record of 
experience, achievement, and/or publications that demonstrate expertise 
in an appropriate professional/scientific field. A written analysis by 
the SME will document the candidate's experience, achievements, and 
publications used for qualification determination.
    Documentation justifying the employee's qualifications will be 
placed in the employee's electronic official personnel file (e-OPF) to 
ensure the employee is considered qualified for the specific 
occupational series in the future.
(3) Official transcripts
    The requirement to have official transcripts prior to establishing 
an EOD is waived. STRLs and servicing personnel offices may use 
unofficial transcripts or a letter from a registrar or dean to make 
qualification determinations, thus eliminating several days or weeks 
from the current hiring timeline. Official transcripts must be received 
within 30 calendar days after EOD.
    Once unofficial transcripts or a letter from a registrar or dean is 
received, the servicing personnel office will review qualifications and 
begin the onboarding process. Applicants will be asked to request and 
submit official transcripts to the servicing personnel office, but an 
EOD may be established prior to receipt. Applicants will sign a 
statement of understanding (SOU) as part of their pre-employment 
paperwork. Risk is low and mitigated by requiring applicants to sign 
the SOU prior to their EOD. The SOU will include language stipulating 
that if official transcripts are not provided or fail to show proof 
that individuals meet the qualification requirements, individuals may 
be subject to adverse actions up to and including removal, as 
determined by specific circumstances by applicable regulations.
    The SOU will regulate the applicants who do not have the degrees 
required for the positions or who may have been dishonest during the 
hiring process. The SOU will be maintained in the employee's e-OPF. 
Once official transcripts have been received by the servicing personnel 
office, they will be verified in the personnel system and uploaded into 
the employee's e-OPF.
(4) Direct Hire Authority
    STRLs may appoint qualified candidates to those positions that 
involve 51 percent or more of time spent in direct support of STRL 
activities; that are identified by the STRLs as hard to fill; that have 
a history of high turnover; or that require unique, laboratory-related 
skillsets, without regard to the provisions of 5 U.S.C. chapter 33, 
subchapter I (excluding sections 3303, 3308, and 3328 of such title), 
as determined by the STRL director.
    a. Use of this appointment authority must comply with merit system 
principles.
    b. Appointments may be made on permanent, term, or temporary basis.
    c. When documenting personnel actions, cite the first LAC/legal 
authority for all permanent, term, temporary, or special demonstration 
project appointments as Z2U/Public Law 103-337. The second LAC/legal 
authority will be cited as Z5C/Direct Hire Auth (STRL-Direct Support) 
(with appropriate legal authority once assigned.)
    d. STRLs will document requirements for how positions qualify for 
usage of this authority in their IOPs.
    e. STRL positions not classified under the broad banding structure 
will be listed in IOPs.
(5) Flexible-Length and Renewable-Term Appointments for Support 
Positions
    STRLs may use flexible-length and renewable-term appointments to 
appoint qualified candidates whose positions involve 51 percent or more 
of time spent in direct support of STRL activities for a period of more 
than one year but not more than six years. The appointment of any 
individual under this authority may be extended without limit in up to 
six-year increments at any time during any term of service under 
conditions set forth by the STRL director. The provisions described in 
82 FR 43339, II.A.1., apply to appointments made under this authority.
(6) Student Loan Repayment
    STRLs may provide student loan repayment options that are in line 
with current tuition costs and adjusted based

[[Page 78833]]

on inflation without higher level approval. This authority provides an 
STRL the ability to repay all or part of an outstanding qualifying 
student loan or loans previously taken out by a current STRL employee 
or a candidate to whom an offer of employment has been made.
    Beginning in 2020, the amount of student loan repayment benefits 
provided by an STRL is subject to both of the following limits:
    a. Up to $25,000 per employee per calendar year.
    b. A total of $125,000 per employee.
    OUSD(R&E) may increase these amounts as deemed necessary to stay 
competitive with private industry and academia. Eligibilities, 
conditions, qualifying student loans, and required service agreements 
remain the same as found in 5 CFR part 537. Loan payments made by an 
STRL under this part do not exempt an employee from his or her 
responsibility and/or liability for any loan(s) the individual has 
taken out. The employee is responsible for any income tax obligations 
resulting from the student loan repayment benefit.
(7) Security Eligibility
    STRLs have authority to appoint individuals to Critical-Sensitive 
(CS) and Special-Sensitive positions prior to a final favorable 
eligibility determinations at the Top Secret/SCI level. Processes and 
pre-employment waiver requirements similar to those afforded CS 
positions will be applied in these situations. For the purposes of 
STRLs, an emergency or national interest that necessitates an 
appointment prior to the completion of the investigation and 
adjudication process includes an STRL's inability to meet mission 
requirements. Each applicant's Standard Form 86 ``Questionnaire for 
National Security Positions,'' fingerprints, and pre-screen 
questionnaire will be reviewed, and a favorable pre-screening 
eligibility determination will be made prior to any individual being 
given a final job offer and EOD. Also, each STRL will provide the 
written documentation needed to support a waiver decision to the 
appointing authority, who will document the reason for the appointment 
and ensure the justification is sufficient before a final offer of 
employment is made.
    The individual will perform duties and occupy a location permitted 
by their current security eligibility (interim or final), but not 
higher than Top Secret. The applicant may be required to sign a 
statement of understanding that documents that the pre-appointment 
decision was made based on limited information, and that continued 
employment depends upon the completion of a personnel security 
investigation (tier 3 or 5) and favorable adjudication of the full 
investigative results.

B. Evaluation

    Procedures for evaluating these authorities will be incorporated 
into the STRL demonstration project evaluation processes conducted by 
the STRLs, OUSD(R&E), or Component headquarters, as appropriate.

C. Reports

    STRLs will track and provide information and data on the use of 
these authorities when requested by the Component headquarters or 
OUSD(R&E).

III. Required Waivers to Law and Regulations

BILLING CODE 5001-06-P

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    Dated: December 1, 2020.
Kayyonne T. Marston,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2020-26775 Filed 12-4-20; 8:45 am]
BILLING CODE 5001-06-C


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