Department of Defense Science and Technology Reinvention Laboratory (STRL) Personnel Demonstration Project, 5639-5641 [2020-01854]
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Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Notices
DEPARTMENT OF DEFENSE
Office of the Secretary
Department of Defense Science and
Technology Reinvention Laboratory
(STRL) Personnel Demonstration
Project
Under Secretary of Defense for
Research and Engineering (USD(R&E)),
Department of Defense (DoD).
ACTION: Notice of STRL Personnel
Demonstration Project Authority.
AGENCY:
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:
SUMMARY:
Department of the Air Force
• Air Force Research Laboratory: Ms.
Rosalyn Jones-Byrd, Directorate of
Personnel, 1864 4th Street, WrightPatterson Air Force Base, OH 45433–
5209;
• Joint Warfare Analysis Center: Ms.
Amy Balmaz, 4048 Higley Road,
Dahlgren, VA 22448.
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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;
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• 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:
Æ Naval Information Warfare Centers
Atlantic: Ms. Veronica Truesdale, P.O.
Box 190022, North Charleston, SC
29419–9022; and
Æ 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.
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5639
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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Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Notices
• 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.
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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:
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17:16 Jan 30, 2020
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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;
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(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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Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Notices
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 postgovernment employment advice from a
DoD ethics counselor at the conclusion
of program participation. VEP
participants are deemed Federal
employees for purposes of postgovernment employment restrictions.
A written Memorandum of Agreement
(MOA) between the STRL and the VEP
5641
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
STRL
Federal Register notice
Air Force Research Laboratory ................................................................
Joint Warfare Analysis Center ..................................................................
Army Research Institute for 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.
Command, Control, Communications, 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 ......................................
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 .........................................................................
Dated: January 28, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
jbell on DSKJLSW7X2PROD with NOTICES
Board of Regents, Uniformed Services
University of the Health Sciences;
Notice of Federal Advisory Committee
Meeting
Under Secretary of Defense for
Personnel and Readiness (USD(P&R)),
Department of Defense (DoD).
Notice of Federal Advisory
Committee meeting.
ACTION:
VerDate Sep<11>2014
18:12 Jan 30, 2020
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62 FR 34906 and 62 FR 34876 amended by 65 FR 53142 (AVRDEC
and AMRDEC merged together).
74 FR 68936.
66 FR 54872.
76 FR 12508.
74 FR 68448.
63 FR 14580 amended by 65 FR 32135.
63 FR 10440.
Not yet published.
76 FR 8530.
Not yet published.
76 FR 1924.
Not yet published.
64 FR 33970.
62 FR 64050.
75 FR 77380.
The DoD is publishing this
notice to announce that the following
Federal Advisory Committee meeting of
the Board of Regents (Board), Uniformed
Services University of the Health
Sciences (USU), will take place.
DATES: Tuesday, February 4, 2020, open
to the public from 8:00 a.m. to 11:05
a.m. The closed session will follow from
approximately 11:15 a.m. to 12:00 p.m.
ADDRESSES: Uniformed Services
University of the Health Sciences, 4301
Jones Bridge Road, Bethesda, MD 20814.
FOR FURTHER INFORMATION CONTACT: Ms.
Sarah Marshall, Designated Federal
Officer (DFO), at (301) 295–3955 or
sarah.marshall@usuhs.edu. Mailing
address is 4301 Jones Bridge Road,
Bethesda, MD 20814. Website: https://
www.usuhs.edu/vpe/bor.
SUPPLEMENTARY INFORMATION: Due to
circumstances beyond the control of the
Department of Defense, the Board of
SUMMARY:
[FR Doc. 2020–01854 Filed 1–30–20; 8:45 am]
AGENCY:
61 FR 60400 amended by 75 FR 53076.
Not yet published.
Not yet published.
76 FR 3744.
63 FR 10680.
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Regents, Uniformed Services University
of the Health Sciences was unable to
provide public notification required by
41 CFR 102–3.150(a) concerning the
meeting on February 4, 2020 of the
Board of Regents, Uniformed Services
University of the Health Sciences.
Accordingly, the Advisory Committee
Management Officer for the Department
of Defense, pursuant to 41 CFR 102–
3.150(b), waives the 15-calendar day
notification requirement.
This meeting is being held under the
provisions of the Federal Advisory
Committee Act (FACA) (5 U.S.C.,
Appendix), the Government in the
Sunshine Act (5 U.S.C. 552b), and 41
CFR 102–3.140 and 102–3.150.
Purpose of the Meeting: The purpose
of the meeting is to provide advice and
recommendations to the Secretary of
Defense, through the USD(P&R), on
academic and administrative matters
critical to the full accreditation and
E:\FR\FM\31JAN1.SGM
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]]>Agencies
[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]
[[Page 5639]]
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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.
-----------------------------------------------------------------------
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
[[Page 5640]]
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
[[Page 5641]]
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
------------------------------------------------------------------------
STRL Federal Register notice
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
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
