[Federal Register: December 2, 2008 (Volume 73, Number 232)]
[Notices]
[Page 73248-73252]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02de08-40]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Science and Technology Reinvention Laboratory Personnel
Management Demonstration Program
AGENCY: Office of the Deputy Under Secretary of Defense (Civilian
Personnel Policy) (DUSD (CPP)), Department of Defense (DoD).
ACTION: Notice of amendment of demonstration project plans and notice
of proposals to adopt a demonstration project plan.
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SUMMARY: Section 342(b) of the National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 1995, as amended (10 U.S.C. 2358 note) by
section 1109 of NDAA FY 2000 and section 1114 of NDAA FY 2001,
authorizes the Secretary of Defense to conduct personnel demonstration
projects at DoD laboratories designated as Science and Technology
Reinvention Laboratories (STRLs). The above-cited statute authorizes
the Department to conduct demonstration projects to determine whether a
specified change in personnel management policies or procedures would
result in improved Federal personnel management.
Section 1107 of the NDAA for FY 2008 requires the Secretary of
Defense to take all necessary actions to fully implement and use the
authorities provided under section 342(b) of the NDAA for FY 1995, as
amended (10 U.S.C. 2358 note) by section 1109 of the NDAA for FY 2000
and section 1114 of the NDAA for FY 2001, to include executing a
process and implementation plan to fully utilize the authorities to
enhance the performance of the missions of the laboratories. Further,
subsection 1107(c) authorizes that any flexibility available to any
demonstration laboratory shall be available for use at any other
laboratory
[[Page 73249]]
as enumerated in subsection 9902(c)(2) of title 5, United States Code.
This Federal Register notice (FRN):
1. Serves as an amendment to add subsection 1107(c) authority to
the STRL Personnel Management Demonstration Project final FRNs that
were published prior to the date of this FRN;
2. Serves as notice pursuant to subsection 1107(c) that the three
STRLs listed in subsection 9902(c)(2) not having personnel
demonstration projects at this time may adopt any of the flexibilities
of the other laboratories listed in subsection 9902(c)(2);
3. Provides a basic process to adopt flexibilities, make minor
changes, and/or request Federal Register notices; and
4. Serves as notice of the proposed adoption of a STRL Personnel
Management Demonstration Project by two centers under the United States
Army Research, Development and Engineering Command (RDECOM): Edgewood
Chemical Biological Center (ECBC) and Natick Soldier Research,
Development and Engineering Center (NSRDEC).
DATES: 1. The amendment to the listed demonstration project plans and
the notice of the authority to adopt any 9902(c)(2) laboratory
flexibilities by the non-demonstration project laboratories may be
implemented beginning on the date of publication of this notice in the
Federal Register; and implementation of the process will be through
regulations issued by the Under Secretary of Defense for Personnel and
Readiness.
2. The proposed adoption of an existing STRL demonstration project
by ECBC and NSRDEC may not be implemented until a 30-day comment period
is provided, comments addressed, and a final Federal Register notice
published. To be considered, written comments must be submitted on or
before January 2, 2009.
ADDRESSES: Send comments on or before the comment due date by mail to
Ms. Betty A. Duffield, CPMS-PSSC, Suite B-200, 1400 Key Boulevard,
Arlington, VA 22209-5144; by fax to (703) 696-5462; or by e-mail to
Betty.Duffield@cpms.osd.mil.
FOR FURTHER INFORMATION CONTACT:
Department of the Army:
Army Research Laboratory (ARL): Mr. Tom Bock, Program
Manager, ARL Personnel Demonstration Project, AMSRD-ARL-O-HR, 2800
Powder Mill Road, Adelphi, MD 20783-1197;
Aviation and Missile Research, Development, and
Engineering Center (AMRDEC): Dr. Steven P. D. Smith, Senior Technical
Advisor to the Director, AMRDEC, 5400 Fowler Road, Redstone Arsenal, AL
35898-5000;
Communications-Electronics Research, Development, and
Engineering Center (CERDEC): Ms. Desiree DiAngelo, CERDEC Personnel
Demonstration Project Administrator, Myer Center, Building 2700, Room
2C204, ATTN: AMSRD-CER-HRO, Fort Monmouth, NJ 07703-5209;
Edgewood Chemical Biological Center (ECBC): Ms. Kim
Hoffman, Management and Program Analyst, ECBC, Directorate of Program
Integration, Workforce Management Office, Department of the Army, ATTN:
AMSRD-ECB-PI-WM, 5183 Blackhawk Road, Building 3330, Aberdeen Proving
Ground, MD 21010-5424;
Engineer Research and Development Center (ERDC): Mr.
Timothy D. Ables, Personnel Demonstration Project Manager, U.S. Army
Engineer Research and Development Center, 3909 Halls Ferry Road,
Vicksburg, MS 39180-6199;
Medical Research and Materiel Command (MRMC): Ms. Linda
Krout, Director, Civilian Personnel Advisory Center, Medical Research
and Material Command, 810 Schreider Street, Suite 106, Fort Detrick, MD
21702-5000; and
Natick Soldier Research, Development and Engineering
Center (NSRDEC): Ms. Karen K. Sullivan, Demonstration Project Manager,
Natick Soldier Research, Development and Engineering Center, Kansas
Street, (AMSRD-NSR-BO-W), Natick, MA 01760.
Department of the Air Force:
Air Force Research Laboratory (AFRL): Ms. Michelle
Williams, Personnel Demonstration Project Manager, Air Force Research
Laboratory, 1864 4th Street, Wright-Patterson Air Force Base, OH 45433-
5209.
Department of the Navy:
Office of Naval Research (ONR): Ms. Margaret Mitchell,
Director, Human Resources Office, Office of Naval Research, 875 North
Randolph Street, Code 01HR, Arlington, VA 22203;
Naval Research Laboratory (NRL): Ms. Cathy Downing,
Director, Strategic Workforce Planning, Naval Research Laboratory, 4555
Overlook Ave., SW.,Washington, DC 20375-5320; and
Naval Sea Systems Command (NAVSEA) Warfare Centers: Ms.
Vicki Warner, Deputy Manager, NAVSEA Demonstration Program, Naval
Surface Warfare Center Dahlgren Division, 17632 Dahlgren Road, Suite
200, Dahlgren, VA 22448-5154.
Department of Defense (DoD): Ms. Betty A. Duffield, CPMS-PSSC,
Suite B-200, 1400 Key Boulevard, Arlington, VA 22209-5144.
SUPPLEMENTARY INFORMATION:
1. Background
The STRL Personnel Management Demonstration Projects involve broad-
banded pay systems and simplified classification; pay for performance,
including contribution-based pay; recruitment and staffing changes; and
enhanced training and development including critical skills training,
Voluntary Emeritus Corps, and sabbaticals.
Final plans were published in the Federal Register for the
following STRL Personnel Management Demonstration Projects within the
Departments of the Army, Navy, and Air Force, as follows:
Department of the Army: Army Research Laboratory (ARL)--63
FR 10679, March 4, 1998; Aviation and Missile Research, Development,
and Engineering Center (AMRDEC)--62 FR 34875, June 27, 1997;
Communications-Electronics Research, Development, and Engineering
Community (which consists of the Communications-Electronics Research,
Development, and Engineering Center (CERDEC) and the Software
Engineering Center (SEC))--66 FR 54872, October 30, 2001; Engineer
Research and Development Center (ERDC)--63 FR 14579, March 25, 1998;
and Medical Research and Materiel Command (MRMC)--63 FR 10439, March 3,
1998;
Department of the Navy: Naval Research Laboratory (NRL)--
64 FR 33970, June 24, 1999; and Naval Sea Systems Command (NAVSEA)
Warfare Centers--62 FR 64050, December 3, 1997; and
Department of the Air Force: Air Force Research Laboratory
(AFRL)--61 FR 60339, November 27, 1996.
Amendments and/or corrections to final plans were published in the
Federal Register as follows:
Department of the Army: Army Research Laboratory (ARL)--63
FR 13458, March 19, 1998; and 65 FR 3500, January 21, 2000; Aviation
and Missile Research, Development, and Engineering Center (AMRDEC)--64
FR 11074, March 8, 1999; 64 FR 12216, March 11, 1999; 65 FR 53142,
August 31, 2000; and 67 FR 5716, February 6, 2002; Engineer Research
and Development Center (ERDC)--63 FR 55770, October 16, 1998; 64 FR
12216, March 11, 1999; 65 FR 32135, May 22, 2000; and 67 FR 5712,
February 6, 2002; and Medical Research and Materiel Command (MRMC)--64
FR 30378, June 7, 1999;
Department of the Navy: Naval Research Laboratory (NRL)--
No
[[Page 73250]]
amendments were published; and Naval Sea Systems Command (NAVSEA)
Warfare Centers--64 FR 39179, July 21, 1999; and 65 FR 52453, August
29, 2000; and
Department of the Air Force: Air Force Research Laboratory
(AFRL)--65 FR 3498, January 21, 2000; and 70 FR 60495, October 18,
2005.
Section 342(b) of the NDAA for FY 1995 provided the Secretary of
Defense the authority, with the approval of the Director of the Office
of Personnel Management (OPM), to carry out personnel demonstration
projects and modified standard demonstration project authorities (5
U.S.C. section 4703). Section 1109 of the NDAA for FY 2000 amended
section 342(b) to provide STRLs exemption from certain workforce
management restrictions. Section 1114 of the NDAA for FY 2001 amended
section 342(b) to authorize the Secretary of Defense to exercise OPM
demonstration project authorities under 5 U.S.C. section 4703 for the
STRLs. Section 1107 of the NDAA for FY 2008 required full
implementation of section 342(b) of the NDAA for FY 1995 as amended and
authorized that any flexibility available to any demonstration
laboratory shall be available for use at any other laboratory as
enumerated in subsection 9902(c)(2) of title 5, U.S.C. The laboratories
listed in subsection 9902(c)(2) are:
Department of the Army:
Army Research Laboratory (ARL);
Aviation and Missile Research, Development, and
Engineering Center (AMRDEC);
Communications-Electronics Research, Development, and
Engineering Command (reorganization changed designation to
Communications-Electronics Research, Development, and Engineering
Center (CERDEC));
Engineer Research and Development Command (name changed to
the Engineer Research and Development Center (ERDC));
Medical Research and Materiel Command (MRMC);
Soldier and Biological Chemical Command (reorganization
changed designation to Natick Soldier Research, Development and
Engineering Center (NSRDEC) and Edgewood Chemical Biological Center
(ECBC) under the United States Army Research, Development and
Engineering Command).
Department of the Navy:
Naval Research Laboratory (NRL);
Naval Sea Systems Command (NAVSEA) Warfare Centers; and
Office of Naval Research.
Department of the Air Force:
Air Force Research Laboratory (AFRL).
2. Overview
Because the various STRLs implemented their personnel demonstration
projects at different times between 1997 and 2002, the later
demonstration projects contain initiatives that the earlier ones do
not. For example, the earliest STRL personnel management demonstration
project (AFRL) contains no hiring flexibilities, while later STRL
personnel demonstration projects include several hiring and appointment
flexibilities. In this example, subsection 1107(c) of the NDAA for FY
2008 provides AFRL the option to implement any of the hiring and
appointment flexibilities that were subsequently approved for use in
another STRL personnel demonstration project. It also provides the
option for the three STRLs listed in subsection 9902(c)(2) not having
personnel demonstration projects to adopt the flexibilities, including
adopting an entire personnel management demonstration project, of the
other laboratories listed in 9902(c)(2). In addition, subsections
1107(a) and 1107(b) of the NDAA for FY 2008 require that all necessary
actions be taken including executing a process and implementation plan
to fully implement and use the personnel demonstration project
authorities provided to the Secretary of Defense to enhance the
performance of the missions of the laboratories. This Federal Register
notice is one of the steps necessary to execute the required process.
I. Executive Summary
The STRL personnel management demonstration projects are generally
similar in nature to the Department of the Navy's China Lake personnel
demonstration project. The STRL personnel demonstration projects were
built upon the concepts of broad-banded pay systems and simplified
classification; pay for performance, including contribution-based pay;
recruitment and staffing changes; enhanced training and development
including critical skills training; a Voluntary Emeritus Corps; and
sabbaticals.
II. Introduction
A. Purpose
STRL personnel management demonstration projects provide managers,
at the lowest practical level, the personnel authorities and
flexibilities needed to achieve a quality laboratory and quality
products. The purposes of this FRN are to:
1. Serve as an amendment to add subsection 1107(c) authority to the
STRL Personnel Management Demonstration Project final FRNs listed
herein at Section 1., Background, Supplementary Information, that were
published prior to the date of this FRN;
2. Serve as notice pursuant to subsection 1107(c) that the three
STRLs listed in subsection 9902(c)(2) not having personnel
demonstration projects at this time (Office of Naval Research and two
Centers under the United States Army Research, Development and
Engineering Command (RDECOM): Edgewood Chemical Biological Center
(ECBC) and Natick Soldier Research, Development and Engineering Center
(NSRDEC), may adopt any of the flexibilities of the other laboratories
listed in subsection 9902(c)(2);
3. Provide a basic process to adopt flexibilities, make minor
changes to a demonstration project plan, and request Federal Register
notices as part of the process to fully implement and use the
authorities provided under section 342(b) of the NDAA for FY 1995, as
amended; and
4. Serve as notice of the proposed adoption without changes of the
STRL Personnel Management Demonstration project designed by the U.S.
Army Communications-Electronics Command, Research, Development, and
Engineering organizations (reorganization changed designation to the
United States Army Communications-Electronics Research, Development and
Engineering Center (CERDEC)) by ECBC and NSRDEC except for the name of
organizations; organizational and work force information; approval
authorities; technical modifications to conform to changes in the law
and governing OPM regulations, which are not being waived, that were
effected after the publication of the CERDEC personnel demonstration
project plan; and changes in response to comments received during the
30-day comment period.
B. Employee Notification and Collective Bargaining Requirements
ECBC and NSRDEC employees affected by the proposed adoption of the
CERDEC Personnel Management Demonstration Project will be provided a
copy of this notice. Prior to implementing any discretionary
flexibility adopted pursuant to subsection 1107(c) of the NDAA for FY
2008, participating organizations must fulfill any collective
bargaining obligations to unions that represent
[[Page 73251]]
employees covered by the STRL personnel demonstration project involved.
III. Personnel System Changes
A. The following STRL demonstration project plans are hereby
amended to add that each of the STRLs enumerated in subsection
9902(c)(2) may use any flexibility granted to these STRLs by their
final demonstration project plans, including the amendments thereto,
published as listed in Section 1, Background, Supplemental Information,
in this Federal Register notice.
Department of the Army
Army Research Laboratory (ARL);
Aviation and Missile Research, Development, and
Engineering Center (AMRDEC);
Communications-Electronics Research, Development, and
Engineering Center (CERDEC);
Engineer Research and Development Center (ERDC); and
Medical Research and Materiel Command (MRMC).
Department of the Navy
Naval Research Laboratory (NRL); and
Naval Sea Systems Command (NAVSEA) Warfare Centers.
Department of the Air Force
Air Force Research Laboratory (AFRL).
Future STRL final FRNs will contain the statement, ``Flexibilities
published in this Federal Register shall be available for use by all
STRLs enumerated in subsection 9902(c)(2) of title 5, U.S.C., if they
wish to adopt them.''
B. The three STRLs listed in subsection 9902(c)(2) not having
personnel demonstration projects at this time (Office of Naval
Research, ECBC and NSRDEC) may adopt the flexibilities of the other
laboratories listed in subsection 9902(c)(2) using the process
described herein under III. Personnel System Changes, paragraph D.
C. This Federal Register notice also serves as notice of the
proposed adoption of an existing STRL Personnel Management
Demonstration Project by two Centers under the United States Army
Research, Development and Engineering Command (RDECOM): Edgewood
Chemical Biological Center (ECBC) and Natick Soldier Research,
Development and Engineering Center (NSRDEC).
The ECBC includes the ECBC organization at the Edgewood
Area of Aberdeen Proving Ground, and employees matrixed to the Joint
Program Executive Office for Chemical/Biological Defense (JPEO-CBD), as
well as ECBC employees with duty stations at other sites. This
demonstration project will cover approximately 1,100 ECBC civilian
employees under title 5, United States Code.
The NSRDEC includes the NSRDEC organization at the Natick
Soldier Systems Center site, NSRDEC employees matrixed from NSRDEC to
Program/Project/Product Management Offices (e.g., PM-Force Sustainment
Systems, and PM-Clothing and Individual Equipment) as well as NSRDEC
employees with duty stations at other sites. This demonstration project
is intended to cover approximately 700 NSRDEC civilian employees under
title 5, United States Code.
ECBC and NSRDEC propose to adopt without changes the STRL Personnel
Management Demonstration project designed by the United States Army
Communications-Electronics Command, Research, Development and
Engineering organizations (now known as the United States Army
Communications-Electronics Research, Development and Engineering Center
(CERDEC)) published in 66 FR 54872, October 30, 2001, except for the
name of organizations; organizational and work force information;
approval authorities; technical modifications to conform to changes in
the law and governing OPM regulations, which are not being waived, that
were effected after the publication of the CERDEC personnel
demonstration project plan; and changes in response to comments
received during the 30-day comment period.
The adoption of the CERDEC demonstration project by ECBC and
NSRDEC may not be implemented until the requirements in this notice
have been fulfilled. This includes a 30-day comment period, a review
and discussion of comments in the supplemental information section of
their final FRNs, and publishing the final FRNs. In addition, ECBC and
NSRDEC will need to prepare and execute an implementation plan that
includes a timeline, a plan to socialize the proposal through such
means as letters to employees, briefings, town hall meetings, Web
sites, and newsletters; a communication plan; a training plan; and
plans to meet collective bargaining obligations. The implementation
plan shall be provided to the Deputy Under Secretary of Defense
(Civilian Personnel Policy) (DUSD (CPP)) for review and comment. ECBC
and NSRDEC internal operating policies and procedures would be
described and published in their directives systems with copies to the
DUSD (CPP).
D. Section 1107 of the NDAA for FY 2008 requires a process for full
implementation of the demonstration project authorities provided to the
Secretary of Defense. The basic process for STRLs to use to adopt
flexibilities, make minor changes, or request a FRN is outlined below.
Additional details to support implementation of the DoD process will be
published through the DoD directives system.
The process begins when a STRL makes a decision to adopt a
flexibility from a demonstration laboratory listed in subsection
9902(c)(2). Flexibilities are defined as those features described in
final STRL FRNs; amendments thereto published in FRNs; minor changes
made within the authorities of a demonstration project plan, documented
in laboratory internal issuances and disseminated to employees; and
official laboratory implementing issuances that have been distributed.
Once the STRL has developed their plan and coordinated the plan through
their various stakeholders, a notification is sent to the DUSD (CPP) by
memorandum with simultaneous copies to DUSD (Laboratories and Basic
Sciences) (LABS) under the Under Secretary of Defense for Acquisition,
Technology and Logistics, and their respective Component point of
contact. When a laboratory's request is received, the DUSD (CPP) will
request from both DUSD (LABS) and the Component their concurrence,
comments, etc. before making a final decision on the request. Notices
must include the description of flexibilities being adopted; the cite
where the flexibility is found; reason for the change; results
expected; evaluation methodology; information technology implications
and cost; projected date of implementation; communication plan; and, as
appropriate, bargaining unit status, draft FRN, and any other pertinent
information needed to adhere to the tenets of section 4703 of title 5
U.S.C.
The DUSD (CPP) staff will review each notification
individually for adherence to process; consistency with existing FRN
provisions; completeness and accuracy of waivers; impact on Department-
wide initiatives, information technology, cost, etc.; consider the
concurrence and any comments from the DUSD (LABS) and the Component;
provide comments to the STRL; assist, when needed, to finalize
notification; and provide concurrence with adoption following
resolution of any issues. The DUSD (CPP) is responsible for ensuring
that
[[Page 73252]]
the notice includes only existing flexibilities, the proposed
flexibilities are not internally contradictory or inconsistent, and
timing does not adversely affect other Department initiatives. Each
laboratory will document in its own implementing issuances its internal
procedures for the use of any flexibility adopted from another
demonstration laboratory and disseminate the information to employees
and other interested parties.
Demonstration laboratories are still required to document
changes to existing FRNs not under the auspices of subsection 1107(c)
and proposed new flexibilities. Normally, changes not covered by
subsection 1107(c) to existing FRNs or new initiatives require
publication in the Federal Register. A draft FRN is forwarded to the
DUSD (CPP) for review. Simultaneously copies are to be sent to the DUSD
(LABS) and the Component point of contact. When a draft FRN is
received, the DUSD (CPP) will request from both DUSD (LABS) and the
Component their concurrence, comments, etc. before making a
recommendation on the FRN. The DUSD (CPP) forwards the recommendation
for approval/disapproval of the FRN to the Under Secretary of Defense
for Personnel and Readiness (USD (P&R)). The USD (P&R) retains
approval/disapproval authority for new initiatives or change requests
not covered by subsection 1107(c). Minor modifications are possible
without a FRN if they can be made within the demonstration project's
existing authorities and if appropriate notice is given to employees
and other interested parties. Each laboratory will document in its own
implementing instructions its minor modifications to its demonstration
project plan and any associated revised internal procedures. A copy of
the implementing instructions will be provided the DUSD (CPP), DUSD
(LABS), and Component point of contact.
Dated: November 25, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E8-28591 Filed 12-1-08; 8:45 am]
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