[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Notices]
[Pages 5639-5641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01854]



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DEPARTMENT OF DEFENSE

Office of the Secretary


Department of Defense Science and Technology Reinvention 
Laboratory (STRL) Personnel Demonstration Project

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

ACTION: Notice of STRL Personnel Demonstration Project Authority.

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SUMMARY: This notice provides a new authority to all STRL Personnel 
Demonstration Projects. STRLs with published demonstration project 
plans may implement a program which offers voluntary assignments in the 
STRLs to private and public sector United States (U.S.) citizens.

DATES: This demonstration project authority may be implemented 
beginning on January 31, 2020. The Voluntary Expert Program (VEP) will 
be implemented through STRL issuances and notices to appropriate 
stakeholders.

FOR FURTHER INFORMATION CONTACT: 

Department of the Air Force

     Air Force Research Laboratory: Ms. Rosalyn Jones-Byrd, 
Directorate of Personnel, 1864 4th Street, Wright-Patterson Air Force 
Base, OH 45433-5209;
     Joint Warfare Analysis Center: Ms. Amy Balmaz, 4048 Higley 
Road, Dahlgren, VA 22448.

Department of the Army

     Army Research Institute for the Behavioral and Social 
Sciences: Dr. Scott Shadrick, 6000 6th Street, Bldg. 1464, Fort 
Belvoir, VA 22060-5586;
     Combat Capabilities Development Command Armaments Center: 
Mr. Mike Nicotra, Human Capital Management Office, Building 1, 3rd 
Floor, RDAR-EIH, Picatinny Arsenal, NJ 07806-5000;
     Combat Capabilities Development Command Army Research 
Laboratory: Mr. Christopher Tahaney, AMSRD-ARL-O-HR, 2800 Powder Mill 
Road, Adelphi, MD 20783-1197;
     Combat Capabilities Development Command Aviation and 
Missile Center: Ms. Nancy Salmon, 5400 Fowler Road, Redstone Arsenal, 
AL 35898-5000;
     Combat Capabilities Development Command Chemical 
Biological Center: Ms. Patricia Milwicz, Office of the Technical 
Director, G-1 Human Resource Office, Department of the Army, ATTN: 
FCDD-CBD-CH, 8198 Blackhawk Road, Building E3330, Aberdeen Proving 
Ground, MD 21010-5424;
     Combat Capabilities Development Command Command, Control, 
Communications, Computers, Cyber, Intelligence, Surveillance, and 
Reconnaissance Center: Ms. Angela Clybourn, C4ISR Campus Building 6002, 
Room D3126D, ATTN: RDER-DOS-ER, Aberdeen Proving Ground, MD 21005;
     Combat Capabilities Development Command Ground Vehicle 
Systems Center: Ms. Jennifer Davis, ATTN: RDTA-CS/MS 204, Warren, MI 
48397-5000;
     Combat Capabilities Development Command Soldier Center: 
Ms. Joelle Montecalvo, 15 General Greene Ave. (FCDD-SCG-HR), Natick, MA 
01760;
     Engineer Research and Development Center: Ms. Patricia 
Sullivan, 3909 Halls Ferry Road, Vicksburg, MS 39180-6199;
     Medical Research and Materiel Command: Ms. Linda Krout, 
505 Scott St., Fort Detrick, MD 21702-5000;
     Technical Center, Space and Missile Defense Command/Army 
Forces Strategic Command (SMDC/ARSTRAT): Mr. Chad Marshall, 5220 Martin 
Road, Redstone Arsenal, AL 35898-5000.

Department of the Navy

     Naval Air Warfare Center, Weapons Division and Aircraft 
Division: Mr. Richard Cracraft, Weapons Division, Code 730000D, 1 
Administration Circle, Building 00464, China Lake, CA 93555-6100;
     Naval Facilities Engineering Command Engineering and 
Expeditionary Warfare Center: Ms. Lori Leigh, Code BD13, 1000 23rd 
Avenue, Port Hueneme, CA 93043;
     Naval Information Warfare Centers:
    [cir] Naval Information Warfare Centers Atlantic: Ms. Veronica 
Truesdale, P.O. Box 190022, North Charleston, SC 29419-9022; and
    [cir] Naval Information Warfare Centers Pacific: Ms. Angela Hanson, 
53560 Hull Street, San Diego, CA 92152-5001;
     Naval Medical Research Center: Capt. Franca Jones, 503 
Robert Grant Ave., Silver Spring, MD 20910-7500;
     Naval Research Laboratory: Ms. Ginger Kisamore, 4555 
Overlook Avenue SW, Washington, DC 20375-5320;
     Naval Sea Systems Command Warfare Centers: Ms. Diane 
Brown, Philadelphia Division, 5001 South Broad Street, Philadelphia, PA 
19112-5083;
     Office of Naval Research: Ms. Margaret J. Mitchell, 875 
North Randolph Street, Code BD, Arlington, VA 22203.

DoD

     Dr. Jagadeesh Pamulapati, Director, Laboratories and 
Personnel Office, 4800 Mark Center Drive, Alexandria, VA 22350.

SUPPLEMENTARY INFORMATION: 

1. Background

    Section 342(b) of the National Defense Authorization Act (NDAA) for 
Fiscal Year (FY) 1995, as amended by section 1109 of the NDAA for FY 
2000, and section 1114 of the NDAA for FY 2001, authorizes the 
Secretary of Defense (SECDEF) to conduct personnel demonstration 
projects at DoD laboratories designated as STRLs. Most STRLs have a 
Voluntary Emeritus Program or Voluntary Emeritus Corps flexibility that 
permits STRLs to offer voluntary assignments to individuals who have 
retired or separated from Federal service. This new authority will 
expand this flexibility to permit STRLs to offer the same type of 
voluntary assignments to U.S. citizens who have not retired or 
separated from Federal service. Volunteer service will not be used to 
replace any employee, or interfere with career opportunities of 
employees. The VEP may not be used to replace or substitute for work 
performed by government personnel occupying positions required to 
perform the mission of the STRL.
    The 20 current STRLs are:
 Air Force Research Laboratory
 Joint Warfare Analysis Center
 Army Research Institute for the Behavioral and Social Sciences
 Combat Capabilities Development Command Armaments Center
 Combat Capabilities Development Command Army Research 
Laboratory
 Combat Capabilities Development Command Aviation and Missile 
Center
 Combat Capabilities Development Command Chemical Biological 
Center
 Combat Capabilities Development Command Command, Control, 
Communications, Computers, Cyber, Intelligence, Surveillance, and 
Reconnaissance Center
 Combat Capabilities Development Command Ground Vehicle Systems 
Center
 Combat Capabilities Development Command Soldier Center
 Engineer Research and Development Center
 Medical Research and Materiel Command
 Technical Center, U.S. Army Space and Missile Defense Command/
Army Forces Strategic Command
 Naval Air Systems Command Warfare Centers

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 Naval Facilities Engineering Command Engineering and 
Expeditionary Warfare Center
 Naval Information Warfare Centers, Atlantic and Pacific
 Naval Medical Research Center
 Naval Research Laboratory
 Naval Sea Systems Command Warfare Centers
 Office of Naval Research

2. Overview

I. Introduction

A. Purpose
    The VEP will allow U.S. citizens to provide commercial and public 
sector knowledge, experience and advice, and valuable mentoring to STRL 
employees.
B. Required Waivers to Law and Regulation
    None.
C. Participating Organizations and Employees
    All DoD laboratories designated as STRLs under section 1105 of the 
NDAA for FY 2010, section 1103 of the NDAA for FY 2015, and section 
1104 of the NDAA for FY 2018 (including any newly designated STRLs 
authorized by SECDEF or by future legislation) with published 
demonstration project plans may use the provisions described in this 
FRN. STRLs implementing this flexibility must fulfill any collective 
bargaining obligations. Each STRL will establish internal operating 
procedures as appropriate. Authorized STRLs and correlated FRNs are 
listed in Appendix A.
D. Summary of Comments
    Two comments were received regarding the VEP proposed for 
implementation in the STRL demonstration projects as described in 84 FR 
31849, July 2, 2019. The first comment suggested adding a statement 
concerning intellectual property. An additional statement concerning 
intellectual property was determined to be unnecessary because it is 
addressed as part of the agreement between the VEP participant and the 
STRL. See 2.II.A.(13). The second comment did not pertain to the 
flexibility described in 84 FR 31849. The comment was forwarded to the 
specific STRL referenced in the comment for consideration.

II. Personnel System Changes

    All current and future STRL personnel demonstration project plans 
are hereby amended to add the following:
A. Voluntary Expert Program
    Under the demonstration project, STRLs have the authority to offer 
voluntary assignments to U.S. citizens who are retired, separated, or 
on sabbatical from private or public sector organizations. The VEP will 
provide opportunities for these individuals to bring commercial sector 
or public sector knowledge and experience into the STRLs. The VEP will 
not be used to replace any government personnel or interfere with their 
career opportunities. The VEP may not be used to replace or substitute 
for work performed by government personnel occupying positions required 
to perform the STRL's mission. VEP assignments are not considered 
``employment'' by the Federal government (except as indicated below).
    To be accepted into the VEP, an individual must be a U.S. citizen 
and must be recommended by an STRL manager. No one is entitled to 
participate in the VEP, and application to the VEP does not guarantee 
acceptance into the Program or assignment at an STRL. The STRL must 
clearly document the decision process and decision rationale for each 
VEP applicant (regardless of whether the applicant is accepted or 
rejected for the program) and must retain this documentation throughout 
the assignment (for accepted applicants), or for two years (for 
rejected applicants). VEP participants will not be permitted to perform 
any inherently governmental function, or to participate in any 
contracts or solicitations for which the participant has a conflict of 
interest. VEP participants are not permitted to participate in contract 
source selections, nor are they permitted to have access to contractor 
bid or proposal information or source selection information, or to data 
or information that is protected by the Trade Secrets Act (18 U.S.C. 
1905) without a written agreement between the VEP participant and the 
owner of the data or information.
    The VEP participant shall be required to enter a written agreement 
with the STRL as a condition of participation in the Program. The 
agreement will be reviewed by the local Legal Office for legal 
sufficiency prior to signature. The agreement must be finalized before 
the VEP participant assumes any duties and shall include, at a minimum:
    (1) 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 VEP participant;
    (2) a statement that the VEP participant will be considered a 
federal employee solely for the purpose of:
    (a) 18 U.S.C. 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 
654, 1905, and 1913;
    (b) 31 U.S.C. 1343, 1344, and 1349(b);
    (c) 5 U.S.C. chapters 73 and 81;
    (d) The Ethics in Government Act of 1978;
    (e) 41 U.S.C. chapter 21;
    (f) 28 U.S.C. chapter 171 (tort claims procedure), and any other 
Federal tort liability statute; and
    (g) 5 U.S.C. 552a (records maintained on individuals).
    (3) the VEP participant's work schedule;
    (4) the length of the agreement (defined by length of project or 
time defined by weeks, months, or years);
    (5) the support to be provided by the STRL (travel, administrative, 
office space, supplies);
    (6) the VEP participant's duties;
    (7) a provision allowing either party to void the agreement with at 
least two working days' written notice;
    (8) the level of security access required (any security clearance 
required by the assignment will be managed by the STRL while the 
participant is a member of the VEP);
    (9) a provision that any written products prepared for publication 
that are related to VEP participation will be submitted to the STRL 
director for review and must be approved prior to publication;
    (10) a statement that the VEP participant accepts accountability 
for loss or damage to Government property occasioned by the VEP 
participant's negligence or willful action;
    (11) a statement that the activities of the VEP participant on the 
premises will conform to the regulations and requirements of the 
organization;
    (12) a statement that the VEP participant will not improperly use 
or disclose any non-public information, to include any pre-decisional 
or draft deliberative information related to DoD programming, 
budgeting, resourcing, acquisition, procurement or other matter, for 
the benefit or advantage of the Volunteer Expert or any non-Federal 
entities. VEP participants will handle all non-public information in a 
manner that reduces the possibility of improper disclosure;
    (13) a statement that the VEP participant agrees to disclose any 
inventions made in the course of work performed at the STRL. The STRL 
will have the option to obtain title to any such invention on behalf of 
the U.S. Government. Should the STRL Director elect not to take title, 
the STRL will

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retain a non-exclusive, irrevocable, paid up, royalty-free license to 
practice or have practiced the invention worldwide on behalf of the 
U.S. Government;
    (14) a statement that the VEP participant must complete either a 
Confidential or Public Financial Disclosure Report, whichever applies; 
a disqualification statement prohibiting the VEP participant from 
working on matters related to his or her former employer; and ethics 
training in accordance with Office of Government Ethics regulations 
prior to implementation of the written agreement; and
    (15) a statement that the VEP participant must receive post-
government employment advice from a DoD ethics counselor at the 
conclusion of program participation. VEP participants are deemed 
Federal employees for purposes of post-government employment 
restrictions.
    A written Memorandum of Agreement (MOA) between the STRL and the 
VEP participant is required and must include all items above, 
regardless of format used. The use and wording of the MOA will be 
provided in the internal operating procedures of the STRL.
B. Evaluation
    As part of an annual program evaluation, STRLs will provide 
specific information concerning the use of this authority to the 
Director, Laboratories and Personnel Office.

Appendix A

              Authorized STRLs and Federal Register Notices
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                  STRL                       Federal Register notice
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Air Force Research Laboratory..........  61 FR 60400 amended by 75 FR
                                          53076.
Joint Warfare Analysis Center..........  Not yet published.
Army Research Institute for Behavioral   Not yet published.
 and Social Sciences.
Combat Capabilities Development Command  76 FR 3744.
 Armaments Center.
Combat Capabilities Development Command  63 FR 10680.
 Army Research Laboratory.
Combat Capabilities Development Command  62 FR 34906 and 62 FR 34876
 Aviation and Missile Center.             amended by 65 FR 53142 (AVRDEC
                                          and AMRDEC merged together).
Combat Capabilities Development Command  74 FR 68936.
 Chemical Biological Center.
Command, Control, Communications,        66 FR 54872.
 Cyber, Intelligence, Surveillance, and
 Reconnaissance Center.
Combat Capabilities Development Command  76 FR 12508.
 Ground Vehicle Systems Center.
Combat Capabilities Development Command  74 FR 68448.
 Soldier Center.
Engineer Research and Development        63 FR 14580 amended by 65 FR
 Center.                                  32135.
Medical Research and Materiel Command..  63 FR 10440.
Technical Center, U.S. Army Space and    Not yet published.
 Missile Defense Command/Army Forces
 Strategic Command.
Naval Air Systems Command Warfare        76 FR 8530.
 Centers.
Naval Facilities Engineering Command     Not yet published.
 Engineering and Expeditionary Warfare
 Center.
Naval Information Warfare Centers,       76 FR 1924.
 Atlantic and Pacific.
Naval Medical Research Center..........  Not yet published.
Naval Research Laboratory..............  64 FR 33970.
Naval Sea Systems Command Warfare        62 FR 64050.
 Centers.
Office of Naval Research...............  75 FR 77380.
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    Dated: January 28, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2020-01854 Filed 1-30-20; 8:45 am]
 BILLING CODE 5001-06-P