# Proposed Laboratory Personnel Management Demonstration Project; Department of the Army, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Mississippi

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## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** March 13, 1997
- **Citation:** 62 FR 12006

## Text

OFFICE OF PERSONNEL MANAGEMENT

Proposed Laboratory Personnel Management Demonstration Project;
Department of the Army, U.S. Army Engineer Waterways Experiment
Station, Vicksburg, Mississippi

AGENCY: Office of Personnel Management.

ACTION: Notice of Intent to Implement Demonstration Project.

-----------------------------------------------------------------------

SUMMARY: Title V of the Civil Service Reform Act, 5 U.S.C. 4703,
authorizes the Office of Personnel Management (OPM) to conduct
demonstration projects that experiment with new and different personnel
management concepts to determine whether such changes in personnel
policy or procedures would result in improved Federal personnel
management.
Public Law 103-337, October 5, 1994, permits the Department of
Defense (DoD), with the approval of the OPM, to carry out personnel
demonstration projects generally similar to the China Lake
demonstration project at DoD Science and Technology (S&T) reinvention
laboratories. The Army is proposing demonstration projects initially to
cover five of its S&T reinvention laboratories: the Army Research
Laboratory; the Army Missile Research, Development, and Engineering
Center; the Army Aviation Research and Development Center; the Army
Medical Research and Materiel Command; and the Army Engineer Waterways
Experiment Station. This proposal is for the Army Engineer Waterways
Experiment Station (WES).

DATES: To be considered, written comments must be submitted on or
before May 20, 1997; the public hearing will be scheduled as follows:
Friday, May 2, 1997, at 10:00 a.m., in Vicksburg, Mississippi. At the
time of the hearing, interested persons or organizations may present
their written or oral comments on the proposed demonstration project.
The hearing will be informal. However, anyone wishing to testify should
contact the person listed under FOR FURTHER INFORMATION CONTACT, and
state the hearing location, so that OPM can plan the hearings and
provide sufficient time for all interested persons and organizations to
be heard. Priority will be given to those on the schedule, with others
speaking in any remaining available time. Each speaker's presentation
will be limited to ten minutes. Written comments may be mailed to
Fidelma A. Donahue, U.S. Office of Personnel Management, 1900 E Street,
NW, Room 7460, Washington, DC 20415; public hearing will be held at the
following location: U.S. Army Engineer Waterways Experiment Station,
Building 1006, 3909 Halls Ferry Road, Vicksburg, Mississippi.

FOR FURTHER INFORMATION CONTACT: (1) On proposed demonstration project:
Dr. C. H. Pennington, U.S. Army Engineer Waterways Experiment Station,
ATTN: CEWES-ZT-E, 3909 Halls Ferry Road, Vicksburg, Mississippi 39180-
6199, phone 601-634-3549; on proposed demonstration project and public
hearings: Fidelma A. Donahue, U.S. Office of Personnel Management, 1900
E Street, NW, Room 7460, Washington, DC 20415, phone 202-606-1138.

SUPPLEMENTARY INFORMATION: Since 1966, at least 19 studies of DoD
laboratories have been conducted on laboratory quality and personnel.
Almost all of these studies have recommended improvements in civilian
personnel policy, organization, and management. The proposed project
involves simplified job classifications, pay banding, a contribution-
based compensation system, streamlined hiring processes, and modified
Reduction-in-Force (RIF) procedures.

Office of Personnel Management
James B. King,
Director.

Table of Contents

I. Executive Summary
II. Introduction
A. Purpose
B. Problems with the Present System
C. Changes Required and Expected Benefits
D. Participating Organizations
E. Participating Employees
F. Project Design
III. Personnel System Changes
A. Broadbanding
B. Classification
C. Pay for Performance
D. Pay Setting Provisions
E. Hiring and Placement Authorities
F. Employee Development
G. Reduction in Pay or Removal Actions
H. Revised Reduction-In-Force (RIF) Procedures
IV. Training
A. Supervisors
B. Administrative Staff
C. Employees
V. Conversion
A. Conversion to the Demonstration Project
B. Conversion from the Demonstration Project
VI. Project Duration
VII. Evaluation Plan
VIII. Demonstration Project Costs
A. Step Buy-Ins
B. Development Costs
IX. Required Waivers to Law and Regulations
A. Waivers to Title 5, U.S. Code
B. Waivers to Title 5, Code of Federal Regulations

I. Executive Summary

The Department of the Army (DA) proposes to establish, as a
demonstration project, a Personnel Demonstration Project generally
similar to the system currently in use at the Navy Personnel
Demonstration Project known as ``China Lake.'' The Personnel
Demonstration Project will be implemented initially at five Army
Science and Technology (S&T) Reinvention Laboratory sites, and will be
developed to be in-house budget neutral, based on a baseline of
September 1995 in-house costs and consistent with the DA plan to
downsize the DA laboratories and research and development (R&D)
centers. An in-house budget is a compilation of costs of the many
diverse components required to fund the day-to-day operations of a
laboratory. These components generally include pay of people (labor,
benefits, overtime, awards), training, travel, supplies, non-capital
equipment, and other costs depending on the specific function of the
activity.
This project was designed by the Assistant Secretary of the Army
for Research, Development and Acquisition with the support of the
Assistant Secretary of the Army for Civil Works, and the participation
of five Army S&T Reinvention Laboratories. Review was provided by the
US Army Corps of Engineers, DA, DoD, and OPM. Phases of the project
that address non-Title 5 issues began as early as 1 October 1995, with
implementation of Title 5 initiatives beginning no earlier than Spring
1997.
The project is built upon the concepts of linking performance to
pay for all covered positions, simplifying paperwork in the processing
of classification and other personnel actions, emphasizing partnerships
among management, employees, and unions, and delegating classification
and other authorities to line managers.

II. Introduction

A. Purpose

The quality of DoD laboratories, their people, and products has
been under intense scrutiny in recent years. This perceived
deterioration of quality is due, in substantial part, to the erosion of
control which line managers have over their human resources. This
demonstration, in its entirety, attempts to provide managers, at the
lowest practical level, the authority, control, and flexibility needed
to achieve quality laboratories and quality products. The purposes of
the demonstration project are to: improve the hiring process and

[[Page 12007]]

allow WES to compete more effectively for high-quality personnel;
motivate and retain staff, through pay for performance, sabbaticals,
and a more responsive personnel system; strengthen the manager's role
in personnel management through increased delegation of personnel
authorities; increase the efficiency of the personnel system by
simplifying the classification system through broad banding and
reduction of guidelines, steps, and paperwork; and create a model that
could be adopted by other government agencies.
This project will be under the joint sponsorship of the Assistant
Secretary of the Army for Research, Development and Acquisition and the
Assistant Secretary of the Army for Manpower and Reserve Affairs. The
MACOM Commander of the participating Army S&T Reinvention Laboratory
will execute and manage the project.
Project oversight will be achieved by an executive steering
committee made up of top-level executives, co-chaired by the Deputy
Assistant Secretary of the Army for Research and Technology and the
Deputy Assistant Secretary of the Army (Civilian Personnel Policy)/
Director, Civilian Personnel. Oversight external to the Army will be
provided by DoD and OPM.

B. Problems With the Present System

The civilian personnel system currently in use at DoD laboratories
has several major inefficiencies, which hinder management's ability to
recruit and retain the best qualified personnel. Line managers have
only limited flexibility to administer personnel resources, and
existing personnel regulations are often in conflict with line
management's ability to perform world-class research. Laboratory
managers are frustrated in their attempts to hire the best and
brightest engineers and scientists (E&S).
The classification system requires lengthy, narrative, individual
position descriptions, which have to be classified by the use of
complex and often outdated position classification standards. The
system causes delays in recruiting, reassigning, promoting, and
removing employees. Rewarding or taking a performance based action
requires inordinate paperwork and time, often discouraging managers
from pursuing critical actions. Few incentives, with limited
flexibility, exist in dealing with all levels of the workforce, and pay
is not always commensurate with performance. The current reduction-in-
force (RIF) system does not adequately recognize performance as a major
criterion in RIF situations. The RIF rules are complex, and difficult
to understand and administer. The RIF process disrupts operations, due
to displacement of employees within their competitive levels and in the
exercise of bumping and retreat rights.

C. Changes Required and Expected Benefits

This project is expected to demonstrate that a human resource
management system tailored to the mission and need of WES will result
in: increased quality in the engineering and science workforce and the
laboratory products they produce; increased timeliness of key personnel
processes; trended workforce data that reveals increased retention of
excellent contributors and separation rates of poor contributors; and
increased customer satisfaction with the laboratory and its products by
customers serviced.
This demonstration program builds on the successful features of
demonstration projects at China Lake and the National Institute of
Standards and Technology. These demonstration projects have produced
impressive statistics on job satisfaction of their employees versus
that for the federal workforce in general. This demonstration expects
similar successes. A full range of data will be collected to evaluate
the project (and is described in Section VII, Evaluation Plan).

D. Participating Organization

U.S. Army Engineer Waterways Experiment Station, 3909 Halls Ferry
Road, Vicksburg, Mississippi 39180-6199. Employees assigned to WES work
at the locations shown in Table 1.

Table 1.--Duty Locations
------------------------------------------------------------------------
Total No.
Location of
employees
------------------------------------------------------------------------
London, England.............................................. 1
Berkeley, CA................................................. 1
Fort Collins, CA............................................. 1
Washington, DC............................................... 3
Gainesville, FL.............................................. 1
Jacksonville, FL............................................. 1
Jackson, MS.................................................. 1
Natchez, MS.................................................. 1
Vicksburg, MS................................................ 1412
New Madrid, MO............................................... 1
Duck, NC..................................................... 12
Corvallis, OR................................................ 1
Calhoun Falls, SC............................................ 3
Lewisville, TX............................................... 3
North Bonneville, WA......................................... 2
Eau Galle, WI................................................ 2
Onalaska, WI................................................. 1
------------------------------------------------------------------------

E. Participating Employees

The project will cover all General Schedule (GS) employees assigned
to WES. Federal Wage System (FWS) employees, Civilian Intelligence
Personnel Management (CIPMS) employees covered by Title X, and 5 U.S.C.
3105 Scientific and Technical (ST) employees will be included for
employee development provisions only. The occupational series of
employees included in the project are identified by occupational family
in Table 2. All GS employees with appointments exceeding one year will
be covered by the provisions of this project. GS employees with
appointments limited to one year or less will be covered for pay
banding, the performance appraisal process, and salary adjustments.
Senior Executive Service (SES) employees will not be included in the
project. It is the intent of WES to expand coverage of the project to
all FWS employees 1 to 2 years following date of implementation. In the
event of expansion to FWS employees beyond the performance appraisal
provisions, full approval will be obtained from DA, DoD, and OPM.
The American Federation of Government Employees (AFGE) represents
approximately 550 GS and FWS employees at WES. The AFGE represents all
E&S Technicians except student trainees; all General Support employees
except fire protection inspectors, security guards, student trainees,
and those designated as confidential employees; and all nonsupervisory
FWS employees. AFGE Local 3310 has been involved with and participated
in the development of the project since its inception. WES will
continue to fulfill its obligation to consult or negotiate with the
AFGE, as appropriate, in accordance with 5 U.S.C. 4703 (F) and 7117.
The participation with the AFGE is within the spirit and intent of
Executive Order 12871.

F. Project Design

In August 1994, a Project Manager was appointed to lead the WES
reinvention effort. The Project Manager was assisted by a
representative of the servicing Human Resources Management (HRM)
Office. During October-November 1994, a WES concept plan was developed
to map out desired areas in which to propose changes in the personnel
system. The concept plan was then merged into a single Army plan for
the participating Army S&T Laboratories and was submitted to the DA in
December 1994.

BILLING CODE 6325-01-P

[[Page 12008]]

[GRAPHIC] [TIFF OMITTED] TN13MR97.014

BILLING CODE 6325-01-C

[[Page 12009]]

WES formed four teams in January 1995 to develop specific
initiatives to be undertaken in the WES demonstration project. The
teams were composed of from 7 to 14 employees each and included
representatives from management, engineers, scientists, technicians,
clerical, administrative, wage grade, human resources, and
representatives from the local union. The teams developed human
resources management initiatives which were designed to: assist in
hiring the best people to accomplish the mission; improve training and
development of the workforce; improve and simplify the position
classification process; develop a broadband system to facilitate
classification and career progression; and develop a pay for
performance system to recognize employee contributions to mission
accomplishment.
The Army's plan was reviewed concurrently by DoD and OPM in April
1996. Among their many recommendations was one for each Army lab to
submit individual project plans. The second joint review by DoD and OPM
of the lab plans was conducted in September 1996. The philosophy and
intent of WES throughout the process of project development was the
inclusion of its total workforce. As such, a pay-for-performance
broadbanding system was developed for FWS employees, in partnership
with representation from the bargaining unit, and was included as part
of the WES plan. At the joint reviews, the DoD Civilian Personnel
Management Service and OPM's Office of Classification and Office of
Compensation Policy considered the broadbanding of FWS employees as
outlined in the WES plan to be inappropriate. FWS employees were
removed from the plan for pay-for-performance purposes only. Options
for including them in a pay-for-performance system at a later date are
currently being developed by WES, DA, DoD, and OPM.
This plan and these initiatives are the result of many months of
effort by dedicated participants at WES, U.S. Army Corps of Engineers,
DA, and DoD levels.
III. Personnel System Changes

A. Broadbanding

1. Pay Bands
Each occupational family will be composed of discrete pay bands
corresponding to recognized advancement within the occupations. The pay
bands will replace grades. The pay bands will not be the same for all
occupational families. Each occupational family will be divided into
four to six pay bands, each pay band covering the same pay range now
covered by one or more grades. The minimum rate of basic pay for a band
will be the minimum rate for the lower grade in the band as shown on
the regular GS schedule. The maximum rate of basic pay for a pay band
will be the highest regular schedule GS rate possible for positions
within that occupational family and pay band. A salary overlap, similar
to the current overlap between GS grades, will be maintained.
Ordinarily an individual will be hired at the lowest salary in a
pay band. Exceptional qualifications, specific organizational
requirements, or other compelling reasons may lead to a higher entrance
salary within a pay band.
The proposed pay bands for the occupational families and how they
relate to the current GS grades are shown in Table 3. This pay band
concept has the following advantages because it: reduces the number of
classification decisions required during an employee's career;
simplifies the classification decision-making process and paperwork;
supports delegation of classification authority to line managers;
provides a broader range of performance-related pay for each pay band;
and prevents the progression of low performers through a pay band by
mere longevity, since job performance serves as the basis for
determining pay.

BILLING CODE 6325-01-P

[[Page 12010]]

[GRAPHIC] [TIFF OMITTED] TN13MR97.015

BILLING CODE 6325-01-C
A feature is pay band VI of the Engineers and Scientists
occupational family, which is an expansion of the broad banding concept
used at China Lake and NIST. This pay band is designed for Senior
Technical Managers and Senior Engineers/Scientists.
Current OPM guidelines covering the Senior Executive Service and
Scientific and Technical positions do not fully meet the needs of WES.
The SES designation is appropriate for executive level managerial
positions whose classification exceeds the GS-15 grade level. The
primary knowledges and abilities of SES positions involve supervisory
and managerial authorities. Positions classified as ST are designed for
bench research scientists and engineers. OPM guidelines state that the
duties and responsibilities of ST positions must not include any
managerial or supervisory responsibility.
WES currently has a few senior manager positions which have
characteristics of both SES and ST classifications. Most of these
positions are responsible for supervising other GS-15 positions,
including branch chief, non-supervisory researcher engineers and
scientists, and potential ST positions. The positions are classified at
the GS-15 level, and one has been recognized at the SES level. WES
management considers the primary requirement for the positions to be
knowledge of and expertise in the specific scientific and technology
areas related to the mission of the organization. The ability to
manage, while important, is considered secondary. Historically, these
positions have been filled by employees who possess primarily
scientific/engineering credentials and who are considered experts in
their field by the scientific community. While it is clear these
positions warrant classification beyond the GS-15 level, attempts to
classify the positions as SES have been difficult. Classification of
the positions at ST is also not an option because of the supervisory
responsibilities.
As preeminent engineers and scientists, STs are responsible for
specific research and development efforts that are continuing and long
range, generally requiring the efforts of a team. STs usually serve as
team leaders which means there is some responsibility for assigning
work, coordinating results and redirecting efforts. It is
administratively convenient for these research team leaders to also
participate in performance management. The restriction of including
supervisory authorities in ST jobs has forced WES to exclude any
mention of the team leader responsibilities in these position
descriptions for fear that they will be interpreted as characteristic
of SES rather than ST positions. Consequently, WES has positions that
do not conform to the strict OPM definitions of either the SES or ST.
The purpose of pay band VI is to overcome the difficulties
identified above by creating a category for two types of positions--the
Senior Technical Manager (with full supervisory authorities) and the
Senior Engineer/Scientist (less than or no supervisory authority).
Current GS-15 Senior Technical Managers and Senior Engineers/Scientists
will convert into the demonstration project at pay band V. After
conversion the Senior Technical Manager and Senior Engineers/Scientist
positions will be reviewed against established criteria to determine if
they should be reclassified to pay band VI. The proposed salary range
is the same as currently exists for ST positions (minimum of 120
percent

[[Page 12011]]

of the minimum rate of basic pay of GS-15 with a maximum of the basic
rate of pay established for level IV of the Executive Schedule). Vacant
positions in pay band VI will be competitively filled to ensure that
selections are made from among the world's preeminent researchers and
technical leaders in the specialty fields.
The final component of pay band VI is the management of all pay
band VI assets. Specifically, this includes authority to classify,
create, abolish positions as circumstances warrant; recruit and
reassign employees in this pay band; set pay and to have their
performance appraised under this project's pay-for-performance system.
This authority will be executed within parameters to be established at
the DA level, to include controls on the numbers of pay band VI
positions and recruitment/promotion criteria. The specific details
regarding the control and management of pay band VI assets will be
included in the demonstration's operating procedures. The laboratory
wants to demonstrate increased effectiveness by gaining greater
managerial control and authority, consistent with merit, affirmative
action, and equal employment opportunity principles.
2. Occupational Families
Positions will be grouped into occupational families according to
similarities in type of work and customary requirements for formal
training or credentials. The historical patterns of advancement within
the occupational families will be considered. The current positions and
grades at WES have been examined, and their characteristics and
distribution have served as guidelines in the development of
occupational families. Four occupational families will be established:
(a) Engineers and Scientists. This occupational family includes all
technical professional positions such as engineers (civil, hydraulic,
structural, mechanical, electronic, electrical, chemical, and
environmental), mathematicians, statisticians, computer scientists,
outdoor recreational planners, geographers, architects, archaeologists,
operations research analysts, and a variety of physical and biological
scientists. Specific course work or educational degrees are required
for positions in this occupational family.
(b) E&S Technicians. This occupational family consists of the
positions that support the various engineering and scientific
activities. Employees in this occupational family are required to have
training and skills in the various technical areas (civil, hydraulic,
structural, geotechnical, physical, coastal, biological, chemical).
(c) Administrative. This occupational family contains specialized
functions in such fields as counsel, audit, finance, procurement,
public information, accounting, administrative, computing, safety, and
management analysis. Special training and skills in administrative
fields or special degrees are required.
(d) General Support. This occupational family is composed of
positions requiring special skills and knowledge, such as typing or
shorthand, and job-related experience. Clerical work usually involves
the processing and maintenance of records. Assistant work requires
knowledge of methods and procedures within a specific administrative
area. Other support functions include the work of secretaries, legal
clerks, guards, mail clerks, etc.
3. Fair Labor Standards Act
Fair Labor Standards Act (FLSA) exemption and nonexemption
determinations will be made consistent with criteria found in 5 CFR
part 551. All employees are covered by the FLSA unless they meet the
executive, administrative, or professional criteria for exemption. As a
general rule, the FLSA status can generally be matched to the
occupational families and pay bands found in Table 3. Exceptions to
these guidelines include supervisors/managers who meet the definitions
outlined in the OPM General Schedule Supervisory Guide. The generic
position descriptions will not be the sole basis for the FLSA
determination. Each position will be evaluated on a case by case basis
by comparing the duties and responsibilities assigned, the
classification standards for each pay band, under 5 CFR part 551
criteria.

B. Classification

1. Coverage
The present GS classification system has over 400 occupations (also
called series), which are divided into 22 groups. The present
occupational series will be maintained. New series may be added as
needed to reflect new occupations in the work force when established by
OPM.
2. Classification Standards
The classification system will be modified to facilitate pay
banding. The present classification standards will be used to create
local benchmark position description/standards for each pay band,
reflecting duties and responsibilities comparable to those described in
present classification standards for the span of grades represented by
each pay band. Present titles and series will continue to be used in
order to recognize the types of work being performed and educational
backgrounds and requirements of incumbents. Locally developed specialty
codes and OPM functional codes will be used to facilitate titling,
making qualification determinations, and assigning competitive levels
to determine retention status.
3. Position Descriptions and Classification Process
New standardized position descriptors will be developed to assist
managers in exercising delegated position classification authority.
Managers will identify the appropriate pay band and descriptor
definition and proceed to finalize the position description. A cover
sheet similar to the present DA Form 374 will be used to reflect their
classification decision. The cover sheet used will include a provision
for designating specialty codes. These specialty codes will be
developed to identify the special nature of work performed and will be
included on the final position descriptor.
Employees will be entitled to appeal the title, series, and pay
band level of their position to the DoD Field Advisory Service (FAS)
and to OPM. The appeal will be adjudicated using the position
classification provisions/criteria of this demonstration project.
Employees may appeal either to FAS or OPM; however, if they first
appeal to OPM, they may not then appeal to FAS.

C. Pay for Performance

The objective is to establish a pay system that will improve the
ability of WES to attract and retain quality employees. The new system
will be a pay-for-performance system and, when implemented, will result
in a redistribution of pay resources based upon individual performance.
1. Determining Pay Increases
Compensation will be allocated to employees through organizational
compensation pools. The WES Director, Commander and Deputy Director,
and Laboratory Directors at WES will manage their respective pools.
The compensation pools will have two components: funds for
performance pay increases (money previously available for within-grade
increases, quality step increases, and promotions between grades that
are banded under the project); and funds for General

[[Page 12012]]

Schedule pay increases. Performance awards (cash awards and bonuses
presently allowed) and locality pay increases will continue under the
project and will be excluded from the compensation pools. The
compensation pools will be managed to ensure relative cost neutrality.
As a result, funds will not be shifted between pools.
Annual base pay increases paid from the performance pay increase
component of the compensation pools will be based on eligibility as
well as scores on the established standards as follows:
[GRAPHIC] [TIFF OMITTED] TN13MR97.008

Where:

PR=employee's annual performance-based pay raise, $
V=value of a share, percent
S=number of shares earned by employee based on performance
P=employee's salary prior to pay raise

The number of shares earned by an employee will vary from 0 to 4 and
will depend upon their performance score. A performance pay increase
may not cause the employee's rate of basic pay to exceed the maximum
rate of the bay band.
The value of a share will be computed in a manner to ensure that
the amount of money available for performance pay increases will not
exceed the amount of money in a compensation pool that is available for
raises. Therefore, the amount of money available annually within a pay
pool for performance-based pay raises is:
[GRAPHIC] [TIFF OMITTED] TN13MR97.009

Where:

A=average annual historical pay raise, percent
M=pay pool size, $
Pi=salary of employee i
n=number of employees in compensation pool

The share value (percent) is computed in a manner to ensure exact
expenditure of the amount of money in the compensation pool as follows:
[GRAPHIC] [TIFF OMITTED] TN13MR97.010

Where:

Si=number of shares earned by employee i based upon performance
ne=number of employees within compensation pool that are eligible
for a performance-based pay raise

A payout function that correlates number of shares earned by an
employee for a performance based pay raise to average performance score
will be similar to the plot shown in Figure 1.

BILLING CODE 6325-01-P
[GRAPHIC] [TIFF OMITTED] TN13MR97.016

BILLING CODE 6325-01-C
The annual General Schedule pay increase will be allocated as
follows:
(a) The first step is setting the percentage General Schedule
increase that will be given to all eligible employees. This amount will
be equal to the General Schedule increase authorized for GS employees.
All employees whose average performance score is 2.0 or greater will be
eligible for the increase. Employees with an average performance score
of less than 2.0 will be ineligible for the full General Schedule
increase and may receive either none or one-half of the increase. Pay
increases for employees receiving retained rates will be determined in
accordance with 5 U.S.C. 5363 except that those with an average
performance score of less than 2.0 may receive either none or one-
quarter of the increase in the maximum rate of basic pay for the
applicable pay band.
(b) The minimum and maximum pay rates of basic pay for each pay
band in an occupational family will be adjusted by any general pay
increase to reflect the new rates in accordance with the

[[Page 12013]]

criteria reflected in Section III, Broadbanding, of this plan.
2. Performance Evaluation
The performance appraisal system will link compensation to
performance through annual performance evaluations and performance
ratings. Performance will be evaluated against generic performance
standards. Rating elements will be provided for all employees. All
rating elements will be critical and scored on a scale of 0 to 5. The
score will be based on employees performance as evaluated against
generic performance standards for each element. The supervisor will
discuss performance rating standards with the employee to clarify
performance criteria at the beginning of the rating period. The generic
performance standards, with the provision to add specific work plans,
will be used to evaluate employee performance. The standards will
describe the level of performance required for the employee to be rated
fully successful. Reviews will be conducted at least at mid-year to
evaluate employee progress in meeting performance standards. However,
WES interns in recognized career programs will be appraised semi-
annually until they complete their internship. The last performance
rating in each annual cycle will be considered to be the rating of
record for interns.
Since all employees will not have the same number of rating
elements, the element scores will be summed and averaged by the number
of elements rated to determine the overall performance score. The score
will be used for setting performance pay increases and determining
eligibility for performance awards.
Employees must have an average performance score of 2.5 and above
to be eligible for performance pay increases. Employees with an average
performance score of 2.0 or greater will be eligible for performance
awards and full General Schedule increases. Employees with an average
score of less than 2.0 will be ineligible for performance awards and
full General Schedule increases. A within-the-year review may be used
to reevaluate employees with performance scores of less than 2.0. If
the employee's performance has improved sufficiently since the last
rating period, the employee may be eligible for a nonretroactive
General Schedule pay raise at that time.
3. Awards
WES currently has an extensive awards program consisting of both
internal and external awards. On-the-spot, special act, and other
internal awards (both monetary and nonmonetary) will continue under the
project. MACOM, DA, and DoD awards and other honorary noncash awards
will be retained.
Cash awards may be given for performance and to recognize and
encourage special contributions. Awards can be made to individuals,
teams, or organizations. Awards must be approved at a managerial level
at least one level higher than the recommending official except in the
case where the WES Director is the recommender. Cash awards will not be
considered to be a part of base pay.

D. Pay Setting Provisions

1. Pay and Compensation
(a) Pay Ceilings. An employee's total monetary compensation paid in
a calendar year may not exceed the rate of basic pay for level I of the
Executive Schedule consistent with 5 U.S.C. 5307 and 5 CFR part 530,
subpart B. Each pay band will have its own pay ceiling, just as grades
do in the GS system. Basic pay rates for the various pay bands will be
directly keyed to the GS basic rates of pay except for pay band VI in
the Engineers and Scientists occupational family. Pay band VI will have
pay rates keyed to a minimum of 120% of the minimum rate of basic pay
for GS-15 basic pay with a maximum of the basic rate of pay established
for level IV of the Executive Schedule.
(b) Staffing Supplements. Employees assigned to occupational series
covered by special rates will be eligible for a staffing supplement if
the maximum adjusted rate for the banded GS grades to which assigned
exceeds the maximum GS locality rate for the banded grades (e.g.,
engineers in pay bands II and III). The staffing supplement is added to
the base pay, much like locality rates are added on to base pay. The
employee's total pay immediately after implementation of the
demonstration project will be the same as immediately before the
demonstration project, but a portion of the total will be in the form
of a staffing supplement. Adverse action and pay retention provisions
will not apply to the conversion process as there will be no change in
total salary. The staffing supplement is calculated as described below.
Upon conversion, the demonstration base rate will be established by
dividing the old maximum GS adjusted rate (special rate or locality
rate) by the staffing factor. The staffing factor will be determined by
dividing the maximum special rate for the banded grades by the GS
unadjusted rate corresponding to that special rate (step 10 of the GS
rate for the same grade as the special rate). The employee's
demonstration staffing supplement is derived by multiplying the
demonstration base rate by the staffing factor minus one. So the
employee's final demonstration special staffing rate equals the
demonstration base rate plus the special staffing supplement; this
amount will equal the employee's former maximum GS adjusted rate.
Simplified, the formula is:
[GRAPHIC] [TIFF OMITTED] TN13MR97.011

[[Page 12014]]

Example: In the case of a GS-801-11/03 employee who is receiving a
special salary rate, the salary before the demonstration project is
$42,944. The maximum special rate for a GS-801-11 Step 10 is $51,295
and the corresponding regular rate is $46,523. The staffing factor is
computed as follows:
[GRAPHIC] [TIFF OMITTED] TN13MR97.012

Then to determine the staffing supplement, multiply the
demonstration base by the staffing factor minus 1.
[GRAPHIC] [TIFF OMITTED] TN13MR97.013

The staffing supplement of $3,996 is added to the demonstration
base rate of $38,948 and the total salary is $42,944, which is the
salary of the employee before conversion to the demonstration project.
If an employee is in a band where the maximum GS adjusted rate for
the banded grades is a locality rate, when the employee is converted
into the demonstration, the demonstration base rate is derived by
dividing the employee's former GS maximum adjusted rate (locality or
special rate) by the applicable locality pay factor. The employee's
demonstration locality-adjusted rate will equal the employee's former
maximum GS adjusted rate.
Annual pay adjustment for employees in special rate occupations
will require recomputation of the staffing supplement. If OPM
discontinues or decreases special rates, employees will be entitled to
pay retention. Upon geographic movement, an employee who receives the
special staffing supplement will have the supplement recomputed. Any
resulting reduction in pay will not be considered an adverse action or
a basis for pay retention.
Established salary including the staffing supplement will be
considered basic pay for the same purposes as a locality rate under 5
CFR 531.606(b), i.e., for purposes of retirement, life insurance,
premium pay, and severance pay purposes and for advances in pay. It
will also be used to compute worker's compensation payments and lump
sum payments for accrued and accumulated annual leave.
2. Promotions
A promotion is the movement of an employee to a higher pay band
within the same occupational family or to a pay band in a different
occupational family which results in an increase in the employee's
salary. Progression within a pay band, whether by performance pay
increases or supervisory adjustments, are not subject to the provisions
of this section.
Promotions will be processed under competitive procedures in
accordance with merit principles and requirements. The following
actions are excepted from competitive procedures:
(a) Re-promotion to a position which is in the same pay band and
occupational family as the employee previously held on a permanent
basis within the competitive service.
(b) Promotion, reassignment, demotion, transfer, or reinstatement
to a position having promotion potential no greater than the potential
of a position an employee currently holds or previously held on a
permanent basis in the competitive service.
(c) A position change permitted by RIF procedures.
(d) Promotion without current competition when the employee was
appointed through competitive procedures to a position with a
documented career ladder.
(e) A temporary promotion, or detail to a position in a higher pay
band, of 180 days or less.
(f) Impact of person-in-the-job promotions.
(g) Promotion resulting from the accretion of duties and
responsibilities.
(h) A promotion resulting from the correction of an initial
classification error.
Upon promotion to a higher pay band, an employee will be entitled
to a 6 percent basic pay increase or the lowest level in the pay band
to which promoted, whichever is greater.
3. Link Between Promotion and Performance
Noncompetitive promotions (e.g., accretion of duties, recognition
of impact of person-in-job, career ladder) will require an acceptable
level of performance in their current position. To be promoted
noncompetitively from one band to the next within an occupational
family, an employee must meet the minimum qualifications for the job
and have a current average performance score of 2.5 or above (Section
III, Performance Evaluation) or equivalent under a different
performance management system (an equivalence chart will be developed
by HRM specialists and included in the implementation instructions).
Selection of employees through competitive procedures will require a
current average performance score of 2.5 or above.
4. Supervisory Pay Adjustments
Supervisory pay adjustments may be used, at the discretion of the
WES Director, to compensate employees in the Engineers and Scientists
occupational family in supervisory positions. Supervisory pay
adjustments are increases to the supervisor's basic rate of pay,
ranging up to 10 percent of that pay rate, subject to the constraint
that the adjustment may not cause the employee's basic rate of pay to
exceed the pay band maximum rate. Only employees in supervisory
positions with formal supervisory authority meeting that required for
coverage under the OPM GS Supervisory Guide will be considered for the
supervisory pay adjustment. Criteria to be considered in determining
the pay increase percentage include the following organizational and
individual employee factors: needs of the organization to attract,
retain, and motivate high quality supervisors; budgetary constraints;
years of supervisory experience; amount of supervisory training
received; performance; and managerial impact on the organization.
Conditions, after the date of conversion into the demonstration
project, under which the application of a supervisory pay adjustment
will be considered are as follows:
(a) New hires into supervisory positions will have their initial
rate of basic pay set at the supervisor's discretion within the pay
range of the applicable pay band. This rate of pay may include a
supervisory pay

[[Page 12015]]

adjustment determined using the ranges and criteria outlined above.
(b) An employee selected for a supervisory position that is within
the employee's current pay band may also be considered for a
supervisory pay adjustment.
(c) If a supervisor is already authorized a supervisory pay
adjustment and is subsequently selected for another supervisory
position, within the same pay band, then the supervisory pay adjustment
will be redetermined.
(d) An employee promoted to a supervisory position in a higher pay
band may be considered for a supervisory adjustment in addition to the
pay increase that resulted from the promotion.
Supervisors, upon initial conversion into the demonstration project
into the same, or substantially similar position, will be converted at
their existing basic rate of pay and will not be offered a supervisory
pay adjustment.
Before supervisory employees may receive the pay adjustment, they
must sign a statement acknowledging that the entire adjustment will be
immediately withdrawn if they are removed from the supervisory position
because of unacceptable performance or conduct. Supervisory employees
who are reassigned to a nonsupervisory position for any other reasons
(i.e., employee choice, management directed reassignment, or RIF) will
receive one-half of the pay adjustment for one year following the
reassignment. Eliminations or reductions in supervisory pay adjustments
are not adverse actions, are not subject to appeal, and are not covered
under pay retention provisions.
5. Supervisory Pay Differentials
Supervisory pay differentials may be used, at the discretion of the
WES Director, to incentivize and reward E&S supervisors who are in pay
bands IV and V whose pay is at the maximum rate of the pay band. Formal
supervisory authority meeting that required for coverage under the OPM
GS Supervisory Guide is required. A supervisory pay differential is a
cash incentive, paid out on a pay period basis, which is not included
as part of the supervisor's basic rate of pay. The differential may be
up to 10 percent of the supervisor's basic rate of pay. Criteria to be
considered in determining the amount of this supervisory pay
differential includes those identified for supervisory pay adjustments.
The supervisory pay differential may be considered, either during
conversion into or after initiation of the demonstration project. The
differential will be terminated if the employee is removed from a
supervisory position, regardless of cause.
As specified in the Supervisory Pay Adjustment Section, all
personnel actions involving a supervisory differential will require a
statement signed by the employee acknowledging that the differential
may be terminated or reduced at the discretion of the WES Director. The
termination or reduction of the differential is not an adverse action,
is not subject to appeal, and is not covered under pay retention
provisions.

E. Hiring and Placement Authorities

1. Modified Term Appointments
WES conducts many research and development projects that range from
3 to 6 years. The current 4-year limitation on term appointments
imposes a burden on laboratory managers by forcing the termination of
some term employees prior to completion of projects they were hired to
support. This disrupts the research and development process and reduces
the ability of WES to serve its customers.
Under the demonstration project, WES will have the authority to
hire individuals under modified term appointments. These appointments
will be used to fill positions for a period of more than 1 year but not
more than 5 years when the need for employee's services is not
permanent. The modified term appointments differ from term employment
as described in 5 CFR part 316 in that they may be made for a period
not to exceed 5, rather than 4 years. The WES Director is authorized to
extend a term appointment 1 additional year.
Employees hired under the modified term appointment authority may
be eligible for conversion to career-conditional appointments. To be
converted, the employee must: have been selected for the term position
under competitive procedures, with the announcement specifically
stating that the individual(s) selected may be eligible for conversion
to a career-conditional appointment at a later date; have served 2
years of continuous service in the term position; be selected under WES
merit promotion procedures for the permanent position; and have a
current performance score of 2.5 or better.
Employees serving under term appointments at the time of conversion
to the demonstration project will be converted to the new modified term
appointments provided they were hired for their current positions under
competitive procedures. These employees will be eligible for conversion
to career-conditional appointment if they have a current performance
score of 2.5 or better and are selected under merit promotion
procedures for the permanent position after having completed 2 years of
continuous service. Time served in temporary or term positions prior to
conversion to the modified term appointment is creditable, provided the
service was continuous. Employees serving under modified term
appointments under this plan will be covered by the plan's pay-for-
performance system.
2. Extended Probationary Period
A new employee needs to demonstrate adequate contribution during
all cycles of a research effort for a laboratory manager to render a
thorough evaluation. The current 1-year probationary period will be
extended to 2 years for all newly hired career employees in the
Engineers and Scientists occupational family. The purpose of extending
the probationary period is to allow supervisors an adequate period of
time to fully evaluate an employee's contribution and conduct.
Aside from extending the time period, all other features of the
current probationary period, including the criteria for crediting prior
service and the limited notice and appeal rights, are retained. The
requirements for conversion to career tenure are unchanged. Employees
appointed prior to the implementation date will not be affected.
Probationary employees will be terminated when the employee fails
to demonstrate proper conduct, technical competency, and/or adequate
work contribution for continued employment. When WES decides to
terminate an employee serving a probationary period because their work
contribution or conduct during this period fails to demonstrate their
fitness or qualifications for continued employment, it shall terminate
their services by 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 shall, as a minimum, consist of
WES's conclusions as to the inadequacies of their work contribution or
conduct.
3. Voluntary Emeritus Program
Under the demonstration project, the WES Director will have the
authority to offer retired or separated individuals (engineers and
scientists) voluntary assignments in the laboratory. This

[[Page 12016]]

authority will include individuals who have retired or separated from
Federal service. Voluntary Emeritus Program assignments are not
considered ``employment'' by the Federal Government (except for
purposes of injury compensation). Thus, such assignments do not affect
an employee's entitlement to buy-outs or severance payments based on an
earlier separation from Federal service. The Voluntary Emeritus Program
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. The program will be of most benefit during manpower
reductions as senior E&Ss could accept retirement and return to provide
valuable on-the-job training or mentoring to less experienced
employees.
To be accepted into the emeritus program, a volunteer must be
recommended by a Laboratory Director to the WES Director. Everyone who
applies is not entitled to a voluntary assignment. The WES Director
must clearly document the decision process for each applicant (whether
accepted or rejected) and retain the documentation.
To ensure success and encourage participation, the volunteer's
federal retirement pay (whether military or civilian) will not be
affected while serving in a voluntary capacity. Retired or separated
federal employees may accept an emeritus position without a 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 and the WES.
The agreement will be reviewed by the local Office of Counsel for
ethics determinations under the Joint Ethics Regulation. The agreement
must be finalized before the assumption of duties and shall include:
(a) A statement that the voluntary assignment does not constitute
an appointment in the civil service and is without compensation and any
and all claims against the Government because of the voluntary
assignment are waived by the volunteer.
(b) A statement that the volunteer will be considered a federal
employee for the purpose of injury compensation.
(c) Volunteer's work schedule.
(d) Length of agreement (defined by length of project or time
defined by weeks, months, or years).
(e) Support provided by the laboratory (travel, administrative,
office space, supplies).
(f) A one page Statement of Duties.
(g) A provision that states no additional time will be added to a
volunteer's service credit for such purposes as retirement, severance
pay, and leave as a result of being a member of the Voluntary Emeritus
Program.
(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 laboratory while the
volunteer is a member of the Voluntary Emeritus Program).

F. Employee Development

The objective of the employee development program will be to
develop the competence of employees for maximum achievement of
Laboratory, MACOM, DA, and DoD goals. WES will continue its employee
development programs, such as local training, off-site training, long-
term training, and developmental assignments. Under this Project, the
opportunity to apply for expanded developmental opportunities to
include sabbaticals and training for degrees, which was previously
restricted, will be made available to permanent employees.
1. Sabbatical
WES will have the authority to grant 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 WES 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.
2. Degree Training
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 DoD laboratories is also
a critical tool for recruiting and retaining employees with or
requiring 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 Personnel Demonstration Project, WES 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.

G. Reduction in Pay or Removal Actions

Employees covered by the project will be evaluated under a
performance evaluation system that affords grievance and/or appeal
rights the same as those provided currently.
1. Unacceptable Performance
Employees whose performance is unsatisfactory (equivalent to a
performance score of 0 on any critical element) at anytime during the
year shall be placed in a Performance Improvement Plan (PIP). If in a
PIP at the end of a rating period, the employee will not be given a
performance rating while in that program. If performance remains
unsatisfactory upon completion of the PIP, the employee will be
separated from his or her position or reduced to a lower pay band. If
performance becomes satisfactory, the employee will receive a
performance rating of record and appropriate adjustments to pay may be
made at that time (i.e. granting General Schedule increase). These
performance-based actions will follow the same procedures as current
performance-related removals and reductions in grade under Chapter 43
or Chapter 75 when appropriate.
2. Placement in a Lower Pay Band
An employee who is determined ineligible for a performance award
may receive either none or one-half the General Schedule pay increase
and will not receive a performance pay increase or performance award.
Because the minimum pay rate for each pay band will be increased each
year by the amount of the General Schedule increase, it is possible
that the new minimum rate of a pay band will exceed the basic pay of an
employee in that band who did not receive the full

[[Page 12017]]

General Schedule increase. In these cases, the employee will be moved
to the next lower band level and the action will be considered a
demotion. This will not be considered an adverse action, will not be
appealable through a statutory appeals process, and will not be covered
under grade retention provisions.

G. Revised Reduction in Force (RIF) Procedures

Modifications include limiting competitive areas to occupational
families and increasing the emphasis on performance in the RIF process.
These modifications will increase the probability of retaining the
highest performing individuals in their positions and will increase the
probability of displacing the lowest performing individuals.
1. Competitive Areas
For RIF purposes, the competitive area will be the occupational
family in which the employee is assigned and will cover all geographic
locations.
2. Retention
Retention registers will be established based on the following
criteria listed in order of priority: tenure status (Tenure I-career,
Tenure II-career conditional, Tenure III-modified term); veteran's
preference; most recent employee performance score; and service
computation date. Modified term employees within the affected
occupational family will be separated before permanent Tenure I and II
employees. The present RIF system essentially remains in effect, except
that performance scores are part of the retention order. Performance
scores will not be used to adjust the service computation date. A
preference eligible with a compensable service-connected disability of
30 percent or more may displace employees in positions equivalent to 5
GS grades below the minimum grade level of his/her current pay band.
Increasing the emphasis on job performance will help ensure the
retention of outstanding individuals in RIF situations.
3. Grade and Pay Retention
Except where waived or modified in the waiver section of this plan,
grade and pay retention will follow current law and regulations.

IV. Training

The key to the success or failure of the proposed demonstration
project will be the training provided for all involved. This training
will not only provide the necessary knowledge and skills to carry out
the proposed changes, but will also lead to commitment to the program
on the part of all participants. Training will be tailored to fit the
requirements of every employee included and will fully address employee
concerns to ensure that everyone has a comprehensive understanding of
the program.
Training at the beginning of implementation and throughout the
demonstration will be provided to supervisors, employees, and the
administrative staff responsible for assisting managers in effecting
the changeover and operation of the new system.
The elements to be covered in the orientation portion of this
training will include the following: a description of the system; how
employees are converted into the system; pay adjustment process;
familiarization with the new position descriptions and performance
objectives; the individual performance rating process; the
reconsideration process; and the demonstration project administrative
and formal evaluation process.

A. Supervisors

The focus of this project on management-centered personnel
administration, with increased supervisory and managerial personnel
management authority and accountability, demands thorough training of
supervisors and managers in the knowledge and skills that will prepare
them for their new responsibilities. Training will include detailed
information on the policies and procedures of the demonstration
project, skills training in using the classification system, position
description preparation, and performance evaluation. Additional
training may focus on nonproject procedural techniques such as
interpersonal and communication skills.

B. Administrative Staff

The administrative staff, generally personnel specialists,
technicians, and administrative officers, will play a key role in
advising, training, and coaching supervisors and employees in
implementing the demonstration project. This staff will need training
in the procedural and technical aspects of the project.

C. Employees

WES will train employees covered under the demonstration project.
In the months leading up to the implementation date, meetings will be
held for employees to fully inform them of all project decisions,
procedures, and processes.

V. Conversion

A. Conversion to the Demonstration Project

Initial entry into the demonstration project for covered employees
will be accomplished through a full employee protection approach that
ensures each employee an initial place in the appropriate occupational
family and pay band without loss of pay. An automatic conversion from
current GS/GM grade and pay into the new broad banding system will be
accomplished. Except for special rate employees, each employee will be
converted at their current GS salary at the time of conversion.
Special conversion rules will apply to special rate employees (see
Section III, Pay Setting Provisions). Employees who enter the
demonstration project later by lateral reassignment or transfer will be
subject to the same pay conversion rules. Employees serving under
regular term appointments at the time of project implementation will be
converted to the modified term appointment. Position announcements,
etc. will not be required for these term appointments. If conversion
into the demonstration project is accompanied by a geographic move, the
employee's GS pay entitlements in the new geographic area must be
determined before performing the pay conversion.
Employees who are on temporary promotions at the time of conversion
will be converted to a pay band commensurate with the grade of the
position to which temporarily promoted. At the conclusion of the
temporary promotion, the employee will revert to the pay band which
corresponds to the grade of record. When a temporary promotion is
terminated, pay will be determined as described in Section III, Pay
Setting Provisions. The only exception will be if the original
competitive promotion announcement stipulated that the promotion could
be made permanent; in these cases, actions to make the temporary
promotion permanent will be considered and, if implemented, will be
subject to all existing priority placement programs.
At the time of conversion, each employee will be given a lump sum
cash payment for the time credited (in weeks) to the employee toward
what would have been the employee's next within-grade increase. This
step buy-in is applicable only to employees converted into the project
at the time of its initial establishment.
Any OCONUS employee covered by the project will continue to be
ineligible for locality pay. The maximum basic

[[Page 12018]]

salary payable in the pay band will be limited to the maximum rate of
pay on the GS salary table which does not include any locality pay.

B. Conversion From the Demonstration Project

If a demonstration project employee is moving to a position not
under the demonstration project, or if the project ends and each
project employee must be converted back to the GS system, the following
procedures will be used to convert the employee's project pay band to
an equivalent grade and the employee's project rates of pay to
equivalent rates of pay. The converted grade and rates of pay must be
determined before movement or conversion out of the demonstration
project and any accompanying geographic movement, promotion, or other
simultaneous action. For conversions upon termination of the project
and for lateral reassignments, the converted grade and rates will
become the employee's actual grade and rates after leaving the
demonstration project (before any other action). For transfers,
promotions, and other actions, the converted grade and rates will be
used in applying any pay movement out of the project (i.e., promotion
rules, highest previous rate rules, pay retention rules) as if the
converted grade and rates were actually in effect immediately before
the employee left the demonstration project.
1. Grade-Setting Provisions. An employee in a pay band
corresponding to a single grade is converted to that grade. An employee
in a pay band corresponding to two or more grades is converted to one
of those grades according to the following rules:
(a) The employee's adjusted rate of basic pay under the
demonstration project (including any locality payment or staffing
supplement but excluding any supervisory pay adjustment) is compared
with step 4 rates in the highest applicable GS rate range. For this
purpose, a ``GS rate range'' includes a rate range in the GS base
schedule, the locality rate schedule for the locality pay area in which
the position is located, or 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.
(b) If the employee's adjusted project rate equals or exceeds the
applicable step 4 rate of the highest GS grade in the band, the
employee is converted to that grade.
(c) If the employee's adjusted project rate is lower than the
applicable step 4 rate of the highest grade, the adjusted rate is
compared with the step 4 rate of the second highest grade in the
employee's pay band. If the employee's adjusted rate equals or exceeds
step 4 rate of the second highest grade, the employee is converted to
that grade.
(d) This process is repeated for each successively lower grade in
the band until a grade is found in which the employee's adjusted
project rate equals or exceeds the applicable step 4 rate of the grade.
The employee is then converted at that grade. If the employee's
adjusted rate is below the step 4 rate of the lowest grade in the band,
the employee is converted to the lowest grade.
(e) Exception: If the employee's adjusted project rate exceeds the
maximum rate of the grade assigned under the above-described ``step 4''
rule but fits in the rate range for the next higher applicable grade
(i.e., between step 1 and step 4), then the employee shall be converted
that next higher applicable grade.
(f) Exception: An employee will not be converted to a lower grade
than the grade held by the employee immediately preceding a conversion,
lateral reassignment, or lateral transfer into the project, unless
since that time the employee has undergone a reduction in band.
2. Pay-Setting Provisions. An employee's pay within the converted
GS grade is set by converting the employee's demonstration project
rates of pay to GS rates of pay in accordance with the following rules:
(a) The pay conversion is done before any geographic movement or
other pay-related action that coincides with the employee's movement or
conversion out of the demonstration project.
(b) An employee's adjusted rate of basic pay under the project
(including any locality payment or staffing supplement but excluding
any supervisory pay adjustment) is converted to a GS adjusted rate on
the highest applicable GS rate range for the converted GS grade. For
this purpose, a ``GS rate range'' includes a rate range in the GS base
schedule, an applicable locality rate schedule, or an applicable
special rate schedule.
(c) If the highest applicable GS rate range is a locality pay rate
range, the employee's adjusted project rate is converted to a GS
locality rate of pay. If this rate falls between two steps in the
locality-adjusted schedule, the rate must be set at the higher step.
The converted GS unadjusted rate of basic pay would be the GS base rate
the corresponding to the converted GS locality rate (i.e., same step
position). If this employee is also covered by a special rate schedule
as a GS employee, the converted special rate will be determined based
on the GS step position. This underlying special rate will be basic pay
for certain purposes for which the employee's higher locality rate is
not basic pay.
(d) If the highest applicable GS rate range is a special rate
range, the employee's adjusted project rate is converted to a special
rate. If this rate falls between two steps in the special rate
schedule, the rate must be set at the higher step. The converted GS
unadjusted rate of basic pay will be the GS rate corresponding to the
converted special rate (i.e., same step position).
3. Within-Grade Increase--Equivalent Increase Determinations.
Service under the demonstration project since the last pay-for-
performance determination is creditable for within-grade purposes upon
conversion back to the GS pay system. Performance pay increases
(including a zero increase) under the demonstration project are
equivalent increases for the purpose of determining the commencement of
a within-grade increase waiting period under 5 CFR 531.405(b).

VI. Project Duration

Public Law 103-337 removed any mandatory expiration date for this
demonstration. The project evaluation plan adequately addresses how
each intervention will be comprehensively evaluated for at least the
first 5 years of the demonstration (Proposed Plan for the Evaluation of
the DoD Laboratory Demonstration Program, OPM, 1995). Major changes and
modifications to the interventions can be made through announcement in
the Federal Register and would be made if formative evaluation data
warranted. At the 5 year point, the entire demonstration will be
reexamined for either: permanent implementation; change and another 3-5
year test period; or expiration.

VII. Evaluation Plan

Authorizing legislation mandated evaluation of the demonstration
project to assess the merits of project outcomes and to evaluate the
feasibility of applications to other federal organizations. A
comprehensive and methodologically rigorous evaluation of the personnel
system changes will be carried out. The overall evaluation consists of
two components--external and internal evaluation. The external
evaluation will be conducted by OPM's Personnel Resources and
Development Center (PRDC) to benefit from their extensive experience
evaluating demonstration projects. PRDC will serve in the role of
external evaluator to

[[Page 12019]]

ensure the integrity of the evaluation process, outcomes, and
interpretation of results. Their external evaluation will be
supplemented by an internal evaluation to be accomplished by the staff
of WES. Selected parts of the evaluation will be completed using
contractor support. The contractor(s) will be well qualified and
experienced with demonstrated expertise in performing relevant support
functions.
Essential elements of the evaluation plan are set forth below. The
demonstration project is a complex experiment to be conducted in a
dynamic environment over several years. Modifications and refinements
to the evaluation plan will be made as required by mid-course project
changes. All additions, deletions, and refinements to the current plan
will be fully documented and explained as part of the evaluation
reporting process. The main purpose of the evaluation is to determine
the effectiveness of the personnel system changes described by the
individual interventions. Every effort will be made to establish direct
cause-and-effect relationships between the interventions and
effectiveness criteria. An ancillary objective is to assess the effects
of the interventions on improved organizational performance. An
indirect causal link is hypothesized between the personnel system
changes and improved organizational effectiveness, i.e., improved
laboratory performance, mission accomplishment, and customer
satisfaction. The current personnel management system with its many
rigid rules and regulations often is perceived as a barrier to mission
accomplishment. Together, the demonstration project initiatives are
intended to remove some of those barriers, and therefore, are expected
to contribute to improved laboratory performance.
The evaluation effort will be accomplished in four distinct phases:
(a) Design phase--includes development of the evaluation model,
selection of experimental and comparison sites, and collection of
baseline data prior to implementation.
(b) Implementation phase--includes actual project implementation
and monitoring of the degree and support of implementation to assure
that each of the project interventions has been operationalized as
originally conceived.
(c) Formative evaluation phase--includes data collection and
analysis for five years for purposes of evaluating the effects of the
interventions. Periodic reports and annual summaries will be prepared
to document the findings.
(d) Summative evaluation phase--focuses on summary evaluation and
overall assessment of the project's impact, including presentation of
conclusions and final recommendations upon completion of the project.
An intervention impact model (Appendix A) will be used to measure
the effectiveness of the various personnel system changes or
interventions. Additional measures will be developed as new
interventions are introduced or existing interventions modified with
consistent with expected effects. Measures may also be deleted when
appropriate. Activity specific measures may also be developed to
accommodate specific needs or interests which are locally unique.
The evaluation model for the Demonstration Project identifies
elements critical to an evaluation of the effectiveness of the
interventions. The overall evaluation approach will also include
consideration on context variables that are likely to have an impact on
project outcomes (e.g., HRM regionalization, downsizing, cross-service
integration, and the general state of the economy). 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
customer satisfaction.
Data from a variety of different sources will be used in the
evaluation. Information from existing management information systems
supplemented with perceptual data will be used to assess variables
related to effectiveness. Multiple methods provide more than one
perspective on how the demonstration project 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 data will be collected as part of the evaluation:
workforce data; personnel office data; employee attitudes and feedback
using surveys, structured interviews and focus groups; local activity
histories, and core measures of laboratory effectiveness.

VIII. Demonstration Project Costs

A. Step Buy-Ins

Under the current pay structure, employees progress through their
assigned grade in step increments. Since this system is being replaced
under the demonstration project, employees will be awarded that portion
of the next higher step they have completed up until the effective date
of implementation. As under the current system, supervisors will be
able to withhold these partial step increases if the employee's
performance is not at an acceptable level of competence.
At the time of conversion, each employee will be given a lump sum
cash payment for the time credited (in weeks) to the employee toward
what would have been the employee's next within-grade increase.
Employees at the top step of their grade on the date of implementation
will not be eligible for within-grade increase equity adjustments since
they are already at the top of the step scale.

B. Development Costs

Costs associated with the development of the personnel
demonstration system include software automation, training, and project
evaluation. All funding will be provided through the WES budget. The
projected annual expenses for each area is summarized in Table 4.
Project evaluation costs are not expected to continue beyond the first
6 years.

Table 4.--Projected Developmental Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 96 FY 97 FY 98 FY 99 FY 00 FY 01
--------------------------------------------------------------------------------------------------------------------------------------------------------
Training....................... $97K $19K .................. .................. .................. ..................
Project Evaluation............. 25K 60K $60K $60K $60k $60K
Automation..................... 80K 10K
Totals..................... 202K 89K 60K 60K 60k 60K
--------------------------------------------------------------------------------------------------------------------------------------------------------

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IX. Required Waivers to Law and Regulations

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
Demonstration Project. In due course, additional laws and regulations
may be identified for waiver request.

A. Waivers to Title 5, U.S. Code

Section 3111, Acceptance of volunteer service
Section 3324, Appointments to positions classified above GS-15
Section 3341, Details
Section 4107, Non-Government facilities; restrictions (to the extent
that training may be paid for the purpose of an employee to obtain a
degree)
Section 4108, Employee agreements; service after training (to the
extent that continued service is required only for long-term training
and sabbaticals)
Sections 5101-5111, Purpose, definitions, basis, classification of
positions, review, authority (to the extent that white collar employees
will be covered by broadbanding. Pay category determination criteria
for Federal Wage System positions remain unchanged).
Sections 5301; 5302 (8), and (9); 5303; and 5304, Pay comparability
system (Sections 5301, 5302, and 5304 are waived only to the extent
necessary to allow: (1) Demonstration project employees, except
employees in band VI of the Engineers and Scientists occupational
family, to be treated as General Schedule employees; (2) basic rates of
pay under the demonstration project to be treated as scheduled rates of
basic pay; and (3) employees in band VI of the Engineers and Scientists
occupational family to be treated as ST employees for the purposes of
these provisions)
Section 5305, Special pay authority
Sections 5331-5336, General Schedule pay rates
Sections 5361-5366, Grade and pay retention (to the extent necessary to
(1) Replace ``grade'' with ``pay band'; (2) allow demonstration project
employees to be treated as General Schedule employees; (3) provide that
pay band retention provisions do not apply to movements to a lower pay
band as a result of receiving no or only part of a general pay increase
because of poor performance; (4) provide that pay retention provisions
do not apply to conversions from General Schedule special rates to
demonstration project pay, as long as total pay is not reduced, and to
reductions in pay due solely to the removal of all or part of a
supervisory pay adjustment upon leaving a supervisory position; and (5)
provide that an employee on pay retention whose performance rating is
less than 2.0 is not entitled to 50 percent of the amount of the
increase in the maximum rate of basic pay payable for the pay band of
the employee's position. This waiver does not apply to employees in
band VI of the Engineers and Scientists occupational family who are to
be treated as ST employees for the purposes of applying the grade and
pay retention provisions.)
Section 5545, Night, standby, irregular, and hazardous duty
differential (to the extent necessary to allow demonstration project
employees to be treated as General Schedule employees. This waiver does
not apply to employees in band VI of the Engineers and Scientists
occupational family.)
Sections 5753, 5754, and 5755, Recruitment and relocation bonuses,
retention allowances, and supervisory differentials (to the extent
necessary to allow: (1) Employees and positions under the demonstration
project to be treated as employees and positions under the General
Schedule; and (2) employees in band VI of the Engineers and Scientists
occupational family to be treated as ST employees)
Section 7512(3), Adverse actions (to the extent necessary to (1)
substitute ``pay band'' for ``grade.''
Section 7512(4), Adverse actions (to the extent necessary to provide
that adverse action provisions do not apply to: (1) Conversions from
General Schedule special rates to demonstration project pay, as long as
total pay is not reduced; and (2) reductions in pay due to removal of
all or part of a supervisory adjustment)

B. Waivers to Title 5, Code of Federal Regulations

Part 300.601-605, Time-in-grade restrictions (to the extent that time-
in-grade restrictions are eliminated)
Part 308.101-103, Volunteer service (to the extent that volunteer
service is unrestricted)
Parts 315.801(a) and 315.802(a), Length of probationary period (to the
extent that the probationary period for engineers and scientists is
increased to 2 years)
Part 316.301, Term appointment (to the extent that modified term
appointments may cover a maximum period of 6 years)
Part 316.303, Tenure of term employees (to the extent that term
employees may compete for permanent status through local merit
promotion plans)
Part 335.103, Covering the length of details and temporary promotions
Part 351.402(b), Competitive area (to the extent that occupational
family is the competitive area)
Part 351.403, Competitive level (to the extent that pay band is
substituted for grade)
Part 351.504, Retention standing, credit for performance (to the extent
that service credit will not be modified based on performance rating)
Part 351.701, Assignment involving displacement (to the extent that a
performance score of 1 is substituted for level 2 and bumping and
retreating will be limited to no more than 2 pay bands except for 30
percent compensable veterans who can retreat to the equivalent of 5 GS
grades)
Part 430.101-210, subparts A and B, Performance Management System
Part 432.103-105, Performance based reduction-in-grade and removal
actions (to the extent that pay band is substituted for grade,
reduction in band level as a result of non-receipt of General Schedule
increases because of poor performance is not an adverse action, and
unacceptable performance is redefined)
Part 511.101, 201-203, General provisions and coverage of the General
Schedule (to the extent that positions are covered by broadbanding)
Part 511.601-612, Classification appeals (to the extent that positions
are covered by broadbanding)
Part 530, subpart C, Special salary rates
Part 531, subparts B, D, and E, Determining the rate of basic pay,
within-grade increases, and quality step increases
Part 531, subpart F, Locality-based comparability payments (to the
extent necessary to allow: (1) demonstration project employees, except
employees in band VI of the Engineers and Scientists occupational
family, to be treated as General Schedule employees; (2) basic rates of
pay under the demonstration project to be treated as scheduled annual
rates of pay; and (3) employees in band VI of the Engineer and
Scientist occupational family to be treated as ST employees)
Part 536, Grade and pay retention (to the extent necessary to: (1)
replace ``grade'' with ``pay band'; (2) provide

[[Page 12021]]

that pay band retention provisions do not apply to movements to a lower
pay band as a result of receiving no or only part of a general pay
increase because of poor performance; (3) provide that pay retention
provisions do not apply to conversions from General Schedule special
rates to demonstration project pay, as long as total pay is not
reduced, and to reductions in pay due solely to the removal of all or
part of a supervisory pay adjustment upon leaving a supervisory
position; and (4) provide than an employee on pay retention whose
performance rating is less than 2.0 is not entitled to 50 percent of
the amount of the increase in the maximum rate of basic pay payable for
the pay band of the employee's position. This waiver does not apply to
employees in band VI of the Engineers and Scientists occupational
family who are to be treated as ST employees for the purposes of
applying the grade and pay retention provisions)
Part 550.703, Severance pay (to the extent necessary to modify the
definition of ``reasonable offer'' by replacing ``two grade or pay
levels'' with ``one band level'' and ``grade or pay level'' with ``band
level''
Part 550.902, Hazardous duty differential, definition of ``employee''
(to the extent necessary to allow demonstration project employees to be
treated as General Schedule employees. This waiver does not apply to
employees in band VI of the Engineers and Scientists occupational
family)
Part 575, subparts A, B, C, and D, Recruitment bonuses, relocation
bonuses, retention allowances and supervisory differentials (to the
extent necessary to allow (1) employees and positions under the
demonstration project to be treated as employees and positions under
the General Schedule and (2)employees in band VI of the Engineers and
Scientists occupational family to be treated as ST employees)
Part 752.401 (a)(3), Adverse actions (this provision is waived only to
the extent necessary to (1) substitute ``pay band'' for ``grade'' and
(2) provide that moving a lower pay band as a result of not receiving
the full amount of a general pay increase because of poor performance
is not an adverse action)
Part 752.401 (a)(4), Adverse actions (to the extent necessary to
provide that adverse action provisions do not apply to: (1) conversions
from General Schedule special rates to demonstration project pay, as
long as total pay is not reduced; and (2) reductions in pay due to the
removal of all or part of a supervisory adjustment)

BILLING CODE 6325-01-P

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[FR Doc. 97-6169 Filed 3-10-97; 8:45 am]
BILLING CODE 6325-01-C

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-6169. Public record. Not legal advice.