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Department of Defense Vol. 76 Thursday No. 13 January 20, 2011 Part III Department of Defense Science and Technology Reinvention Laboratory Personnel Management Demonstration Project, Department of the Army, Army Research, Development and Engineering Command, Armament Research, Development and Engineering Center (ARDEC); Notice VerDate Mar 15 2010 20:22 Jan 19, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 7217 Sfmt 7217 E:\FR\FM\PARTS3.XXX PARTS3 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS NARA.EPS FR.EPS 3744 Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Notices DEPARTMENT OF DEFENSE Law 103–337, as amended, a number of covered employees, it must convert, at DoD STRL personnel demonstration a minimum, its NSPS covered Office of the Secretary projects were approved. These projects employees to a personnel management are ‘‘generally similar in nature’’ to the demonstration project (Lab Demo) Science and Technology Reinvention Department of Navy’s ‘‘China Lake’’ before the end of April 2011. Laboratory Personnel Management Personnel Demonstration Project. The The proposed STRL Demonstration Demonstration Project, Department of terminology, ‘‘generally similar in Project Plan for ARDEC was published the Army, Army Research, nature,’’ does not imply an emulation of on September 9, 2010 in 75 Federal Development and Engineering various features, but rather implies a Register (FR) 55200 that was Command, Armament Research, similar opportunity and authority to subsequently corrected by 75 FR 60091 Development and Engineering Center develop personnel flexibilities that published on September 29, 2010. (ARDEC) significantly increase the decision During the public comment period AGENCY: Office of the Deputy Under authority of laboratory commanders ending October 9, 2010, DoD received Secretary of Defense (Civilian Personnel and/or directors. 40 comments. All comments were Policy), DoD. This demonstration project involves: carefully considered. Some comments addressed topics that were outside the ACTION: Notice. (1) Two appointment authorities (permanent and modified term); project’s scope or the demonstration SUMMARY: Section 342(b) of the National (2) Modified probationary period for authority of 5 U.S.C. 4703. These Defense Authorization Act (NDAA) for newly hired employees; comments are not included in the Fiscal Year (FY) 1995, Public Law 103– (3) Modified supervisory and summary below. 337 (10 U.S.C. 2358 note), as amended managerial probationary period; The following summary addresses the by section 1109 of NDAA for FY 2000, (4) Pay banding; pertinent comments received, provides Public Law 106–65, and section 1114 of (5) Streamlined delegated examining; responses, and notes resultant changes NDAA for FY 2001, Public Law 106– (6) Modified reduction-in-force (RIF) to the original project plan in the first 398, authorizes the Secretary of Defense procedures; Federal Register notice. (7) Simplified job classification; to conduct personnel demonstration A. General projects at DoD laboratories designated (8) A contribution-based appraisal Seven general comments were as Science and Technology Reinvention system; (9) Academic degree and certificate received; responses are provided below. Laboratories (STRLs) to determine (1) Comment: Employees should be whether a specified change in personnel training; (10) Sabbaticals; returned to the GS system because it is management policies or procedures (11) A Volunteer Emeritus Corps; viewed that the NSPS performance would result in improved Federal (12) Direct hire authority for system lost the classification restrictions personnel management. Section 1105 of candidates with advanced degrees for and allowed for growth in salaries the NDAA for FY 2010, Public Law 111– scientific and engineering positions; and beyond the GS classification guides. 84, 123 Stat. 2486, October 28, 2009, (13) Distinguished Scholastic Also, the merit compensation system designates additional DoD laboratories Achievement Appointment Authority. allowed for compensation growth not as STRLs for the purpose of designing based on merit. It would be most 2. Overview and implementing personnel beneficial to only have one performance management demonstration projects for The NDAA for FY 2010 not only system, that being the GS system. conversion of employees from the designated new STRLs but also repealed Response: Public Law 111–84, section personnel system which applied on the National Security Personnel System 1105, prevents ARDEC from returning to October 28, 2009. The ARDEC is listed (NSPS) mandating conversion of NSPS the GS system and requires ARDEC to in subsection 1105(a) of NDAA for FY covered employees to their former develop a Lab Demo. The ARDEC Lab 2010 as one of the newly designated personnel system or one that would Demo has been designed to capture the STRLs. have applied absent the NSPS. A positive features of various personnel DATES: Implementation of this number of ARDEC employees are management systems/projects in use demonstration project will begin no covered by the NSPS and must be today. Specifically, in reference to this earlier than March 9, 2011. converted to another personnel system. comment, the ARDEC Lab Demo design FOR FURTHER INFORMATION CONTACT: Section 1105 of NDAA for FY 2010 is founded on the principle that ARDEC: Ms. Christina Duncan, U.S. stipulates the STRLs designated in standard classification criteria are the Army ARDEC, Human Capital subsection (a) of section 1105 may not basis for both performance assessment Management Office, Building 1, 3rd implement any personnel system, other and pay setting. In reference to the Floor, RDAR–EIH, Picatinny Arsenal NJ than a personnel system under an comment that it would be beneficial to 07806–5000. appropriate demonstration project as have only one performance system, the DoD: Ms. Betty Duffield, CPMS–PSSC, defined in section 342(b) of Public Law ARDEC Lab Demo performance Suite B–200, 1400 Key Boulevard, 103–337, as amended, without prior management system is designed to be Arlington, VA 22209–5144. congressional authorization. In addition, the performance management system for SUPPLEMENTARY INFORMATION: any conversion under the provisions of the ARDEC workforce. No change to the section 1105 shall not adversely affect Lab Demo plan is required. 1. Background any employee with respect to pay or any (2) Comment: The unions have Since 1966, many studies of DoD other term or condition of employment; already rejected participation in this Lab laboratories have been conducted on shall be consistent with section 4703(f) Demo, as they have rejected laboratory quality and personnel. of title 5 United States Code (U.S.C.), participation in the previous two Almost all of these studies have and shall be completed within 18 attempts to revise the General Schedule recommended improvements in civilian months after enactment of NDAA for FY system. All implications that this Lab personnel policy, organization, and 2010. Therefore, since ARDEC is both Demo is a full workforce management management. Pursuant to the authority designated an STRL by section 1105 of process need to be stricken from the provided in section 342(b) of Public NDAA for FY 2010 and has NSPS descriptions and pay bands. This VerDate Mar<15>2010 19:07 Jan 19, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\20JAN2.SGM 20JAN2 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Notices 3745 proposal is only for the management matures, the full expectation is that B. Participating Employees officials at ARDEC, and should be employees will be satisfied. No change Two similar comments regarding described as such, particularly when to the initial Federal Register notice is participating employees were received addressing the expected benefits on required. and the response is provided below. page 55202. (6) Comment: I believe that this (1) Comment (two similar comments Response: The public law directed system is inherently unfair and not in combined): ARDEC should have the ARDEC to develop a personnel system line with standard US Government right to exclude When Actually that could cover the majority of the personnel practices. This system Employed (WAE), Summer Hires (i.e., workforce, not just management suggests ‘‘pay for contribution.’’ STEPs) and Co-ops (i.e., SCEPs) from officials. The Lab Demo plan was Contribution level is inherently tied to Lab Demo coverage at least until the designed to cover both bargaining and job assignment. A supervisor, upper bargaining unit employees are included. non-bargaining unit eligible employees. management, or fiscal events could ARDEC needs to be able to use The intent is for ARDEC to continue to dictate responsibility reduction, at no discretion on that point. pursue Union acceptance. Upon initial fault of an employee, which would Response: Public Law 111–84, section conversion, there will be both non- eventually result in a lower contribution 1105(b) indicates that the personnel of management and management rating and reduced salary. A salary each STRL designated in section employees within the ARDEC in Lab reduction without merit is not fair and 1105(a), which includes ARDEC, are to Demo positions spanning the full will definitely not result in ‘‘increased convert to an appropriate demonstration spectrum of the pay bands and employee satisfaction.’’ project as referred to in Public Law 103– associated occupational families. No Response: The ARDEC Lab Demo 337, section 342(b). These
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