[Federal Register Volume 78, Number 97 (Monday, May 20, 2013)]
[Notices]
[Pages 29335-29336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11952]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Science and Technology Reinvention Laboratory (STRL) Personnel 
Management Demonstration Projects

AGENCY: Office of the Deputy Assistant Secretary of Defense (Civilian 
Personnel Policy) (DASD (CPP)), Department of Defense (DoD).

ACTION: Notice of amendment to demonstration project plans.

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SUMMARY: Section 342(b) of the National Defense Authorization Act 
(NDAA) for Fiscal Year (FY) 1995, as amended by section 1009 of the 
NDAA for FY 2000, and section 1114 of the NDAA for FY 2001, authorizes 
the Secretary of Defense to conduct personnel demonstration projects at 
DoD laboratories designated as STRLs. This amendment adds waivers to 
current STRL Federal Register Notices (FRN) for the Army Research 
Laboratory (ARL); the Army Aviation and Missile Research, Development, 
and Engineering Center (AMRDEC); the Army Engineer Research and 
Development Center (ERDC); the Army Medical Research and Materiel 
Command (MRMC); the Army Communications-Electronics Research, 
Development, and Engineering Center (CERDEC); and the Naval Research 
Laboratory (NRL), to facilitate the use of flexibilities in their 
project plans by permitting terminations during extended probationary 
periods. On November 20, 2012, the proposed amendment was published for 
a 30-day comment period. No comments were received on or before 
December 20, 2012. This notice provides the final amendment to the 
demonstration project plans.

DATES: This amendment may be implemented beginning on the date of 
publication.

FOR FURTHER INFORMATION CONTACT: 

Department of Defense

    Mr. William T. Cole, Defense Civilian Personnel Advisory Service, 
Non-Traditional Personnel Programs (DCPAS-NTPP), Suite 05L28, 4800 Mark 
Center Drive, Alexandria, VA 22350-1100; email: 
[email protected].

Department of the Army

     ARL: Program Manager, ARL Personnel Demonstration Project, 
AMSRD-ARL-O-HR, 2800 Powder Mill Road, Adelphi, MD 20793-1197;
     AMRDEC: Special Assistant for Laboratory Management, 
AMRDEC, 5400 Fowler Road, Redstone Arsenal, AL 35898-5000;
     ERDC: Personnel Demonstration Project Manager, U.S. Army 
Engineer Research and Development Center, 3909 Halls Ferry Road, 
Vicksburg, MS 39180-6199;
     MRMC: Director, Civilian Personnel Advisory Center, 
Medical Research and Materiel Command, 1541 Porter Street, Fort 
Detrick, MD 21702-5000;
     CERDEC: CERDEC Personnel Demonstration Project 
Administrator, C4ISR Campus Building 6002, Room D3120, ATTN: RDER-DOS-
ER, Aberdeen Proving Ground, MD 21005.

Department of the Navy

     NRL: Director, Strategic Workforce Planning, Naval 
Research Laboratory, 4555 Overlook Avenue SW., Washington, DC 20375-
5320.

SUPPLEMENTARY INFORMATION: 

A. Background

    The conventional 1-year probationary period does not allow 
supervisors an adequate period of time to fully evaluate the 
contribution and conduct of newly hired personnel. STRLs have included 
flexibilities allowing up to a 3 year probationary period. These 
flexibilities were fully utilized until the United States Court of 
Appeals for the Federal Circuit decided two cases, Van Wersch v. 
Department of Health & Human Services, 197 F.3d 1144 (Fed. Cir. 1999), 
and McCormick v. Department of the Air Force, 307 F.3d 1339 (Fed. Cir. 
2002), which affected the STRL's ability to fully utilize their 
extended probationary periods.

B. Modifications

    The following FRNs are amended under the authority of section 1114 
of the NDAA for Fiscal Year 2001:

 1. ARL (63 FR 10680-10711, March 4, 1998)

    a. Add the following to section IX. Required Waivers to Law and 
Regulation, A. Waivers to Title 5, U. S. Code: ``Chapter 75, sections 
7501(1), 7511(a)(1)(A)(ii), and 7511(a)(1)(C)(ii); Adverse Actions--
Definitions. Waived to the extent necessary to allow extended 
probationary periods and to permit termination during the extended 
probationary period without using adverse action procedures for those 
individuals serving a probationary period under an initial appointment 
except for those with veterans' preference.''
    b. Add the following as the final paragraph to section IX. Required 
Waivers to Law and Regulation, B. Waivers to Title 5, Code of Federal 
Regulations: ``Part 752, sections 752.201, and 752.401: Coverage. 
Waived to the extent necessary to allow extended probationary periods 
and to permit termination during the extended probationary period 
without using adverse action procedures for those individuals serving a 
probationary period under an initial appointment except those with 
veterans' preference.''

 2. AMRDEC (62 FR 34876-34903, June 27, 1997)

    a. Add the following to section IX. Required Waivers to Law and 
Regulation, 1. Title 5, U.S. Code: ``Chapter 75, sections 7501(1), 
7511(a)(1)(A)(ii), and 7511(a)(1)(C)(ii); Adverse Actions--Definitions. 
Waived to the extent necessary to allow extended probationary periods 
and to permit termination during the extended probationary period 
without using adverse action procedures for those individuals serving a 
probationary period under an initial appointment except for those with 
veterans' preference.''

[[Page 29336]]

    b. Add the following as the final paragraph to section IX. Required 
Waivers to Law and Regulation, 2. Title 5, Code of Federal Regulations: 
``Part 752, sections 752.201, and 752.401: Coverage. Waived to the 
extent necessary to allow extended probationary periods and to permit 
termination during the extended probationary period without using 
adverse action procedures for those individuals serving a probationary 
period under an initial appointment except those with veterans' 
preference.''

3. ERDC (63 FR 14580-14599, March 25, 1998)

    a. Add the following to section IX. Required Waivers to Law and 
Regulation, A. Waivers to Title 5, U.S. Code: ``Chapter 75, sections 
7501(1), 7511(a)(1)(A)(ii), and 7511(a)(1)(C)(ii); Adverse Actions--
Definitions. Waived to the extent necessary to allow extended 
probationary periods and to permit termination during the extended 
probationary period without using adverse action procedures for those 
individuals serving a probationary period under an initial appointment 
except for those with veterans' preference.''
    b. Add the following to section IX. Required Waivers to Law and 
Regulation, B. Waivers to Title 5, Code of Federal Regulations: ``Part 
752, sections 752.201, and 752.401: Coverage. Waived to the extent 
necessary to allow extended probationary periods and to permit 
termination during the extended probationary period without using 
adverse action procedures for those individuals serving a probationary 
period under an initial appointment except those with veterans' 
preference.''

 4. MRMC (63 FR 10440-10462, March 3, 1998)

    a. Add the following to section IX. Required Waivers to Law and 
Regulation, 1. Waivers to Title 5, U.S. Code: ``Chapter 75, sections 
7501(1), 7511(a)(1)(A)(ii), and 7511(a)(1)(C)(ii); Adverse Actions--
Definitions. Waived to the extent necessary to allow extended 
probationary periods and to permit termination during the extended 
probationary period without using adverse action procedures for those 
individuals serving a probationary period under an initial appointment 
except for those with veterans' preference.''
    b. Add the following as the final paragraph to section IX. Required 
Waivers to Law and Regulation, 2. Title 5, Code of Federal Regulations: 
``Part 752, sections 752.201, and 752.401: Coverage. Waived to the 
extent necessary to allow extended probationary periods and to permit 
termination during the extended probationary period without using 
adverse action procedures for those individuals serving a probationary 
period under an initial appointment except those with veterans' 
preference.''

5. CERDEC (66 FR 54872-54899, October 30, 2001)

    a. Add the following to section IX. Required Waivers to Law and 
Regulation, A. Waivers to Title 5, U.S. Code: ``Chapter 75, sections 
7501(1), 7511(a)(1)(A)(ii), and 7511(a)(1)(C)(ii); Adverse Actions--
Definitions. Waived to the extent necessary to allow extended 
probationary periods and to permit termination during the extended 
probationary period without using adverse action procedures for those 
individuals serving a probationary period under an initial appointment 
except for those with veterans' preference.''
    b. Add the following to section IX. Required Waivers to Law and 
Regulation, B. Waivers to Title 5, Code of Federal Regulations: ``Part 
752, sections 752.201, and 752.401: Coverage. Waived to the extent 
necessary to allow extended probationary periods and to permit 
termination during the extended probationary period without using 
adverse action procedures for those individuals serving a probationary 
period under an initial appointment except those with veterans' 
preference.''

6. NRL (64 FR 33970-34046, June 24, 1999)

    a. Add the following as the final box on the left side of Appendix 
A: Required Waivers to Law and Regulation chart, Title 5, U. S. Code: 
``Chapter 75, sections 7501(1), 7511(a)(1)(A)(ii), and 
7511(a)(1)(C)(ii); Adverse Actions--Definitions. Waived to the extent 
necessary to allow extended probationary periods and to permit 
termination during the extended probationary period without using 
adverse action procedures for those individuals serving a probationary 
period under an initial appointment except for those with veterans' 
preference.''
    b. Add the following on the right side of the information entered 
in 6.a. above to Appendix A: Required Waivers to Law and Regulation 
chart, Title 5, Code of Federal Regulations: ``Part 752, sections 
752.201, and 752.401: Coverage. Waived to the extent necessary to allow 
extended probationary periods and to permit termination during the 
extended probationary period without using adverse action procedures 
for those individuals serving a probationary period under an initial 
appointment except those with veterans' preference.''

    Dated: May 15, 2013.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2013-11952 Filed 5-17-13; 8:45 am]
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