```

[Federal Register Volume 77, Number 224 (Tuesday, November 20, 2012)]
[Notices]
[Pages 69601-69603]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26985]

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

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 proposed amendment to demonstration project plans.

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

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 proposed 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.

DATES: This amendment 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 December 20, 2012. Authorities impacted by this FRN may 
not be applied retroactively and will be applied only to those 
personnel hired on/after the publication date of this FRN.

ADDRESSES: Send comments on or before the comment due date by mail to 
Mr. William T. Cole, Defense Civilian Personnel Advisory Services, Non-

[[Page 69602]]

Traditional Personnel Programs (DCPAS-NTPP), Suite 05L28, 4800 Mark 
Center Drive, Alexandria, VA 22350-1100; by email to 
william.cole@cpms.osd.mil; or by fax to 571-372-1559.

FOR FURTHER INFORMATION CONTACT: 
Department of the Army:
     Army Research Laboratory (ARL): Program Manager, ARL 
Personnel Demonstration Project, AMSRD-ARL-O-HR, 2800 Powder Mill Road, 
Adelphi, MD 20793-1197;
     Aviation and Missile Research, Development, and 
Engineering Center (AMRDEC): Special Assistant for Laboratory 
Management, AMRDEC, 5400 Fowler Road, Redstone Arsenal, AL 35898-5000;
     Engineer Research and Development Center (ERDC): 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): Director, 
Civilian Personnel Advisory Center, Medical Research and Materiel 
Command, 1541 Porter Street, Fort Detrick, MD 21702-5000;
     Communications-Electronics Research, Development, and 
Engineering Center (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:
     Naval Research Laboratory (NRL): Director, Strategic 
Workforce Planning, Naval Research Laboratory, 4555 Overlook Avenue 
SW., Washington, DC 20375-5320.
Department of Defense:
     Defense Civilian Personnel Advisory Services, Non-
Traditional Personnel Programs (DCPAS-NTPP), Suite 05L28, 4800 Mark 
Center Drive, Alexandria, VA 22350-1100.

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 three 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 STRLs 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. U.S. Army Research Laboratory (ARL)

    a. Add the following to section IX. Required Waivers to Law and 
Regulation: ``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: ``Part 752, sections, 752.201, and 
752.401: Principal statutory requirements and 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. Army Aviation and Missile Research, Development and Engineering 
Center (AMRDEC)

    a. Add the following to section IX. Required Waivers to Law and 
Regulation: ``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: ``Part 752, sections, 752.201, and 
752.401: Principal statutory requirements and 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. U.S. Army Engineer Research and Development Center (ERDC)

    a. Add the following to section IX. Required Waivers to Law and 
Regulation: ``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: ``Part 752, sections, 752.201, and 752.401: Principal 
statutory requirements and 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. U.S. Army Medical Research and Materiel Command (MRMC)

    a. Add the following to section IX. Required Waivers to Law and 
Regulation: ``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: ``Part 752, sections 752.201, and 
752.401: Principal statutory requirements and 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

[[Page 69603]]

period under an initial appointment except those with veterans' 
preference.''

5. U.S. Army Communications--Electronics Research, Development and 
Engineering Center (CERDEC)

    a. Add the following to section IX. Required Waivers to Law and 
Regulation: ``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: ``Part 752, sections 752.201, and 752.401: Principal 
statutory requirements and 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. U.S. Naval Research Laboratory (NRL)

    a. Add the following as the final box on the left side of Appendix 
A: Required Waivers to Law and Regulation chart: ``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: ``Part 752, sections, 752.201, and 752.401: Principal statutory 
requirements and 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: October 31, 2012.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2012-26985 Filed 11-19-12; 8:45 am]
BILLING CODE 5001-06-P
```