40500 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 

national security; and (3) the disclosure 

made to such agencies, entities, and 

persons is reasonably necessary to assist 

in connection with the DoD’s efforts to 

respond to the suspected or confirmed 

breach or to prevent, minimize, or 

remedy such harm. 

H. To another Federal agency or 

Federal entity, when the DoD 

determines information from this 

system of records is reasonably 

necessary to assist the recipient agency 

or entity in (1) responding to a 

suspected or confirmed breach or (2) 

preventing, minimizing, or remedying 

the risk of harm to individuals, the 

recipient agency or entity (including its 

information systems, programs and 

operations), the Federal Government, or 

national security, resulting from a 

suspected or confirmed breach. 

I. To such recipients and under such 

circumstances and procedures as are 

mandated by Federal statute or treaty. 

J. To other Federal agencies in order 

to support manpower research 

sponsored by DoD and those agencies. 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

Records may be stored electronically 

or on paper in secure facilities in a 

locked drawer behind a locked door. 

The records may be stored on magnetic 

disc, tape, or digital media; in agencyowned cloud environments; or in 

vendor Cloud Service Offerings certified 

under the Federal Risk and 

Authorization Management Program 

(FedRAMP). To maintain confidentiality 

of survey responses, DoD ID numbers or 

other direct identifiers are never stored 

in the same database as survey 

responses, but are maintained in bridge 

files with access only limited to a small 

number of Office of People Analytics 

staff. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

Records can be retrieved using an 

OPA survey bridge file that contains 

DoD ID Number and survey ID number. 

Each survey participant is assigned a 

survey ID number. Retrievals are only 

made in compliance with all privacy, 

human subject protections, and 

Confidentiality Certificates 

requirements. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

A. Master file, system documentation, 

codebooks, record layouts, and other 

system documentation. Permanent, cut 

off on completion of the report for the 

DoD office requiring the creation of the 

report. Transfer master file and system 

documentation to NARA at cutoff in 

accordance with standards of 36 CFR 

1228.270 and 36 CFR 1234. 

B. Hard copy survey questionnaires 

(inputs/source records). Temporary. 

Destroy after computer records have 

been created and validated. 

C. Summary reports (electronic or 

paper). Temporary. Delete/destroy when 

no longer needed for operational 

purposes. 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

Records are maintained in controlled 

areas accessible only to authorized 

personnel. Access to personal 

information is further restricted by the 

use of Common Access Card and user 

ID/passwords. Paper records are 

maintained in a controlled facility 

where physical entry is restricted by the 

use of locks, a card access control 

system, staffed reception areas, and 

cameras inside and outside which 

monitor all doors. Technical controls in 

place are user identification and 

passwords, Intrusion Detection System, 

encryption, firewalls, Virtual Private 

Networks, and Public Key Infrastructure 

Certificates. Administrative controls in 

place are periodic security audits, 

ensuring only authorized personnel 

have access to PII, encryption of 

backups containing sensitive data, and 

securing backups off-site. Additionally, 

to maintain confidentiality of survey 

responses, DoD ID numbers or other 

direct identifiers are never stored in the 

same database as survey responses, but 

are maintained in bridge files with 

access only limited to a small number 

of Office of People Analytics staff. 

RECORD ACCESS PROCEDURES: 

Individuals seeking access their 

records should follow the procedures in 

32 CFR part 310. Individuals should 

address written inquiries to the Office of 

the Secretary of Defense/Joint Staff, 

Freedom of Information Act Requester 

Service Center, Office of Freedom of 

Information, 1155 Defense Pentagon, 

Washington, DC 20301. Signed written 

request should contain individual’s full 

name, DoD ID Number and current 

address and telephone number of the 

individual. In addition, the requester 

must provide a notarized statement or 

an unsworn declaration made in 

accordance with 28 U.S.C. 1746, in the 

following format: 

If executed outside the United States: 

‘‘I declare (or certify, verify, or state) 

under penalty of perjury under the laws 

of the United States of America that the 

foregoing is true and correct. Executed 

on (date). (Signature).’’ 

If executed within the United States, 

its territories, possessions, or 

commonwealths: ‘‘I declare (or certify, 

verify, or state) under penalty of perjury 

that the foregoing is true and correct. 

Executed on (date). (Signature).’’ 

CONTESTING RECORD PROCEDURES: 

The DoD rules for accessing records, 

contesting contents and appealing 

initial agency determinations are 

contained in 32 CFR part 310. 

NOTIFICATION PROCEDURES: 

The DoD rules for accessing records, 

contesting contents, and appealing 

initial Component determinations are 

contained in 32 CFR part 310, or may 

be obtained from the system manager. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

None. 

HISTORY: 

October 02, 2007, 72 FR 56062. 

[FR Doc. 2021–16054 Filed 7–27–21; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Department of Defense Science and 

Technology Reinvention Laboratory 

(STRL) Personnel Demonstration 

(Demo) Project Program 

AGENCY: Office of the Under Secretary of 

Defense for Research and Engineering 

(OUSD(R&E)), Department of Defense 

(DoD). 

ACTION: Notice of amendment; STRL 

Personnel Demonstration Project 

reduction-in-force (RIF) procedures. 

SUMMARY: This notice amends STRL 

Personnel Demonstration Project 

reduction-in-force (RIF) procedures. 

STRL RIF procedures will ensure 

employees involuntarily separated 

through a RIF are separated primarily 

based on performance, as determined 

under any applicable performancemanagement system. 

DATES: This proposal may not be 

implemented until a 30-day comment 

period is provided, comments 

addressed, and a final Federal Register 

notice (FRN) published. To be 

considered, written comments must be 

submitted on or before August 27, 2021. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail: DoD cannot receive written 

comments at this time due to the 

COVID–19 pandemic. Comments should 

be sent electronically to the docket 

listed above. 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 40501 

Instructions: All submissions received 

must include the agency name, docket 

number, and title for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the internet at http://

www.regulations.gov as they are 

received, without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Department of the Air Force: 

• Air Force Research Laboratory: Ms. 

Rosalyn Jones-Byrd, 937–656–9747, 

Rosalyn.Jones-Byrd@us.af.mil. 

• Joint Warfare Analysis Center: Ms. 

Amy Balmaz, 540–653–8598, 

Amy.T.Balmaz.civ@mail.mil. 

Department of the Army: 

• Army Futures Command: Ms. 

Johnna Thompson, 830–469–2057, 

johnna.i.thompson.civ@mail.mil. 

• Army Research Institute for the 

Behavioral and Social Sciences: Dr. 

Scott Shadrick, 254–288–3800, 

Scott.B.Shadrick.civ@mail.mil. 

• Combat Capabilities Development 

Command Armaments Center: Mr. Mike 

Nicotra, 973–724–7764, 

Michael.J.Nicotra.civ@mail.mil. 

• Combat Capabilities Development 

Command Army Research Laboratory: 

Mr. Christopher Tahaney, 410–278– 

9069, Christopher.S.Tahaney.civ@

mail.mil. 

• Combat Capabilities Development 

Command Aviation and Missile Center: 

Ms. Nancy Salmon, 256–876–9647, 

Nancy.C.Salmon2.civ@mail.mil. 

• Combat Capabilities Development 

Command Chemical Biological Center: 

Ms. Patricia Milwicz, 410–417–2343, 

Patricia.L.Milwicz.civ@mail.mil. 

• Combat Capabilities Development 

Command Command, Control, 

Communications, Computers, Cyber, 

Intelligence, Surveillance, and 

Reconnaissance Center: Ms. Angela 

Clybourn, 443–395–2110, 

Angela.M.Clyborn.civ@mail.mil. 

• Combat Capabilities Development 

Command Ground Vehicle Systems 

Center: Ms. Jennifer Davis, 586–306– 

4166, Jennifer.L.Davis1.civ@mail.mil. 

• Combat Capabilities Development 

Command Soldier Center: Ms. Joelle 

Montecalvo, 508–206–3421, 

Joelle.K.Montecalvo.civ@mail.mil. 

• Engineer Research and 

Development Center: Ms. Patricia 

Sullivan, 601–634–3065, 

Patricia.M.Sullivan@usace.army.mil. 

• Medical Research and Development 

Command: Ms. Linda Krout, 301–619– 

7276, Linda.J.Krout.civ@mail.mil. 

• Technical Center, Space and 

Missile Defense Command: Dr. Chad 

Marshall, 256–955–5697, 

Chad.J.Marshall.civ@mail.mil. 

Department of the Navy: 

• Naval Air Warfare Center, Weapons 

Division and Aircraft Division: Mr. 

Richard Cracraft, 760–939–8115, 

Richard.Cracraft@navy.mil. 

• Naval Facilities Engineering 

Command Engineering and 

Expeditionary Warfare Center: Ms. Lori 

Leigh, 805–901–5917, Lori.Leigh@

navy.mil. 

• Naval Information Warfare Centers: 

Æ Naval Information Warfare Center 

Atlantic: Mr. Michael Gagnon, 843–218– 

3871, Michael.L.Gagnon@navy.mil. 

Æ Naval Information Warfare Center 

Pacific: Ms. Angela Hanson, 619–553– 

0833, Angela.Hanson@navy.mil. 

• Naval Medical Research Center: Dr. 

Richard Arnold, 937–938–3877, 

Richard.Arnold.10@us.af.mil. 

• Naval Research Laboratory: Ms. 

Ginger Kisamore, 202–767–3792, 

Ginger.Kisamore@nrl.navy.mil. 

• Naval Sea Systems Command 

Warfare Centers: Ms. Diane Brown, 215– 

897–1619, Diane.J.Brown@navy.mil. 

• Office of Naval Research: Ms. 

Margaret J. Mitchell, 703–588–2364, 

Margaret.J.Mitchell@navy.mil. 

DoD: 

• Dr. Jagadeesh Pamulapati, Director, 

Laboratories and Personnel Office, 571– 

372–6372, Jagadeesh.Pamulapati.civ@

mail.mil. 

SUPPLEMENTARY INFORMATION: 

1. Background 

Section 342(b) of Public Law (Pub. L.) 

103–337, as amended by Section 1109 of 

the National Defense Authorization Act 

(NDAA) for FY 2000, Public Law 106– 

65, Section 1114 of the NDAA for FY 

2001, Public Law 106–398, and Section 

211 of the NDAA for FY 2017, Public 

Law 114–328 (10 U.S.C. 2358 note), 

authorizes the Secretary of Defense 

(SECDEF), through the USD(R&E), to 

conduct personnel demonstration 

projects at DoD laboratories designated 

as STRLs. An STRL implementing these 

flexibilities must have an approved 

personnel demonstration project plan 

published in a FRN and must fulfill any 

collective bargaining obligations. 

Procedures described herein supersede 

and cancel the RIF procedures described 

in previously published STRL FRNs 

(Appendix B) and establish 

performance, also referred to as 

‘‘contribution,’’ as the primary basis for 

determining which employees will be 

separated from employment when 

implementing a RIF. STRL internal 

operating procedures (IOPs) will 

describe the use of discretionary 

flexibilities when conducting a RIF. 

The 21 current STRLS are: 

• Air Force Research Laboratory 

• Joint Warfare Analysis Center 

• Army Futures Command 

• Army Research Institute for the 

Behavioral and Social Sciences 

• Combat Capabilities Development 

Command Army Research Laboratory 

• Combat Capabilities Development 

Command Armaments Center 

• 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 Development 

Command 

• Technical Center, U.S. Army Space 

and Missile Defense Command 

• Naval Air Warfare Center 

• 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 

Section 1597 of Title 10, United States 

Code (U.S.C.), requires procedures to be 

established to ensure that, when 

implementing a RIF, all DoD employees 

in the competitive or excepted services 

are separated from employment 

‘‘primarily on the basis of performance, 

as determined under any applicable 

performance management system.’’ This 

notice implements RIF procedures for 

the STRLs and is an overarching FRN 

applicable to all STRLs. 

B. Required Waivers to Law and 

Regulations 

Waivers and adaptations of certain 

Title 5, U.S.C., and Title 5, Code of 

Federal Regulations (CFR), provisions 

are required only to the extent that these 

statutory and regulatory provisions limit 

or are inconsistent with the actions 

authorized under these demonstration 


khammond on DSKJM1Z7X2PROD with NOTICES
40502 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 

projects. Appendix A lists waivers 

needed to enact authorities described in 

this FRN. Nothing in this plan is 

intended to preclude the STRLs from 

adopting or incorporating any law or 

regulation enacted, adopted, or 

amended after the effective date of this 

FRN. 

C. Participating Organizations and 

Employees 

All DoD laboratories designated as 

STRLs under Section 1105 of the NDAA 

for FY 2010, Public Law 111–84, as 

amended by Section 1103 of the NDAA 

for FY 2015, Public Law 113–291, and 

Section 1104 of the NDAA for FY 2018, 

Public Law 115–91, including any 

newly designated STRLs authorized by 

the SECDEF or subsequent legislation, 

with approved personnel demonstration 

project plans published in FRNs must 

use the provisions described in this 

FRN. 

II. Personnel System Changes 

A. Authority 

For any RIF of civilian employees in 

the competitive and excepted services 

in DoD, the determination as to which 

employees will be separated from 

employment will be primarily based on 

performance, also referred to as 

‘‘contribution.’’ 

The STRLs will consider every 

reasonably available option to mitigate 

the impact of a proposed RIF, including 

but not limited to job changes or 

retraining, the use of voluntary early 

retirement authority or voluntary 

separation incentive payments, hiring 

freezes, termination of temporary 

employees, termination of employees in 

tenure group 0, reduction in work 

hours, curtailment of discretionary 

spending, and other pre-RIF placement 

activities for employees eligible for 

placement assistance and referral 

programs. Use of any such options shall 

be consistent with applicable policies 

and procedures. 

B. Definitions 

Career path—A grouping of 

occupations with similar characteristics 

composed of pay bands designed to 

facilitate career progression. May also be 

referred to as career track, occupational 

family, or pay plan. 

Displace/Displacement—The 

assignment of an employee to a 

continuing position that is held by 

another employee with a lower 

retention standing (i.e., ‘‘bumping’’ 

another employee). Displacement may 

be at the same band or the next lower 

band below the employee’s existing 

band as documented in STRL IOPs. A 

preference-eligible employee with a 

compensable service-connected 

disability of 30 percent or more (veteran 

preference category AD) may displace to 

positions two bands (or equivalent to 

five grades) below his/her current band. 

A released employee may have 

displacement rights to a position 

without regard to whether the employee 

previously held the position of the 

employee with lower retention standing. 

Flexible and renewable term technical 

appointment—An appointment that 

affords eligibility for employee 

programs and benefits comparable to 

those provided to similar employees 

with permanent appointments, to 

include opportunities for professional 

development and eligibility for award 

programs, as described in Section 1109 

of the NDAA for FY 2016, as amended 

by Section 1112 of the NDAA for FY 

2019 and in 82 FR 43339, as amended. 

Appointments may be made in six-year 

increments and extended without limit 

in up to six-year increments. 

Fully qualified—Employee meets the 

Office of Personnel Management 

qualification standards, or standardlevel descriptors as described in STRL 

IOPs, and has the capacity, adaptability, 

and special skills needed to 

satisfactorily perform the duties of the 

position without undue interruption, 

e.g., within 90 days. Determination as to 

whether an impacted employee is fully 

qualified for RIF placement will be 

made by an STRL subject matter expert. 

Modified term appointment—An 

appointment used to fill a position for 

a period of more than one year but not 

more than five years when the need for 

an employee’s services is not 

permanent. The modified term 

appointment differs from the term 

employment as described in 5 CFR part 

316 in that it may be made for up to five 

years, compared to four years for the 

term appointment, and may be extended 

for an additional year. An employee 

hired under this appointment authority 

may be eligible for conversion to a 

career or career-conditional 

appointment. It may also be referred to 

as a contingent term appointment. 

Non-rated employee—Employee with 

no rating of record, who is not eligible 

for a modal or presumptive rating. A 

non-rated (NR) designation will be used 

when an employee has not fulfilled the 

time period, as required by the STRL 

performance-management system, to 

receive a rating and has no assessed 

rating from any DoD-recognized 

performance-management system 

within the four-year period preceding 

the ‘‘cutoff date’’ established for the RIF. 

Performance—For the purposes of a 

RIF in the STRLs, performance is 

determined by each STRL performancemanagement system, including 

contribution-based or performancebased systems, as recorded in the rating 

of record. 

Period of performance—STRL 

performance-management plans may 

specify a minimum number of months 

to receive a performance assessment. 

Such periods will be at least 90 days 

and generally allow all employees to 

receive at least one performance 

assessment prior to implementation of a 

RIF. 

Retreat—The assignment of an 

employee released from their 

competitive level to a position held by 

another employee lower in retention 

standing if the position is the same 

position or an essentially identical 

position formerly held by the released 

employee. This assignment may be to an 

essentially identical position in the 

released employee’s current band or to 

the next lower band, regardless of career 

path as documented in STRL IOPs. 

Unacceptable rating—Documented 

ratings of record of unacceptable, 

unsuccessful, failure, or unsatisfactory 

are used synonymously and reflect 

summary level 1 as described in 5 CFR 

430.208. 

C. Provisions 

(1) Identification of Positions Being 

Abolished. Positions may be identified 

to be abolished based on budget, 

research area, project funding, lack of 

work, reorganization, or other elements 

identified by the STRL. 

(2) Scope of Competition. STRLs will 

determine the retention standing of each 

employee competing in the RIF based 

on any factors outlined in this FRN, as 

long as performance, as documented in 

the rating of record, is the primary 

consideration. 

a. Competitive Areas. The STRL may 

determine the competitive area by 

career path (pay plan), occupational 

group, line of business, product line, 

organizational unit, funding line, 

occupational series, functional area, 

competency area, technology 

directorate, or geographical location, or 

a combination of these elements, and 

must include all demonstration project 

employees within the defined 

competitive area. The competitive area 

must be defined at least 90 days prior 

to the effective date of the RIF and 

descriptions of all competitive areas 

must be made readily available for 

review. 

b. Competitive Levels. Competitive 

levels may or may not be used, as 

documented in STRL IOPs. If 

competitive levels are used, they are 

assigned at the time the position 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 40503 

description is classified and may be 

based on demonstration project criteria, 

such as specialty areas or functional 

codes, so long as these criteria serve to 

define those positions that are similar 

enough in duties and qualification 

requirements such that an incumbent of 

one position may be reassigned to 

another in the competitive level without 

causing an undue interruption in work. 

When competitive levels are used and 

established, employees will be released 

as described in II.C.(7)b and II.C.(7)c.2. 

If competitive levels are not used, 

employees will be released as described 

in II.C.(7)c.1. 

(3) Retention Standing. Competitiveservice employees and excepted-service 

employees are placed on separate 

retention registers, with performance as 

the first factor as documented in ratings 

of record. Sample retention registers are 

in Appendix C. 

(4) Periods of Assessed Performance. 

Because the primary consideration is 

performance, STRL employees with no 

performance assessment under a DoDrecognized performance system 

(annotated as ‘‘NR’’) may not be placed 

above those with an assessed rating of 

less than fully successful/acceptable. 

STRLs may, but are not required to, 

group employees based on periods of 

assessed performance (e.g., those with a 

period of assessed performance of at 

least 90 days, those with a period of 

assessed performance of a least 180 

days, etc.), as documented in STRL 

IOPs. 

(5) Retention Factors. Competing 

employees will first be listed on a 

retention register based on rating of 

record (as documented in the personnel 

data system). If meaningful distinctions 

do not exist in the rating of record, each 

STRL may, as secondary criteria, 

differentiate based on average score or 

other performance-related factor. Each 

STRL may further differentiate based on 

any of the following retention factors: 

Tenure group; average score or other 

performance-related factor as 

determined by the STRL (where not 

previously utilized); veterans’ 

preference; DoD service computation 

date-RIF (DoD SCD–RIF); SCD–RIF 

adjusted by additional service credit for 

performance; or period of performance. 

a. Rating of Record. Rating of record 

is documented by each STRL in 

accordance with its designated 

performance or contribution 

management cycle. Additionally, STRL 

procedures may provide that a single 

rating of record or multiple ratings of 

record will be used and averaged, as 

described in its IOPs. When multiple 

ratings of record are used, they will be 

drawn from the ratings within the four 

year period preceding the ‘‘cutoff date’’ 

established for the RIF. However, when 

the most recent rating of record is 

‘‘unacceptable,’’ only that rating of 

record will be considered for purposes 

of a RIF. STRL procedures will provide 

a method for converting an employee’s 

rating pattern from another system 

when it does not align with the STRL 

performance-management system, as 

documented in STRL IOPs. 

1. Presumptive Ratings. A 

presumptive rating will be used as the 

current rating of record for purposes of 

a RIF when an employee did not receive 

a performance appraisal due to an 

absence resulting from: Uniformed 

military service; performance of duties 

under the expeditionary civilian 

deployment program; extended leave or 

sabbatical; a work-related injury 

approved for compensation pursuant to 

an Office of Workers’ Compensation 

Program; or other similar absence. The 

presumptive rating of record will be the 

employee’s last performance appraisal 

of record prior to the period of absence 

or as specified in STRL IOPs. 

2. Modal Ratings. A modal rating will 

be used as the rating of record for those 

employees who do not have any 

previous performance appraisals under 

any DoD-recognized performancemanagement system within the fouryear period preceding the cutoff date 

established for the RIF and have an 

absence resulting from: Uniformed 

military service; performance of duties 

under the expeditionary civilian 

deployment program; extended leave or 

sabbatical; a work-related injury 

approved for compensation pursuant to 

an Office of Workers’ Compensation 

Program; or other similar absence. The 

modal rating is the rating of record most 

frequently used among the actual ratings 

of record given to employees within the 

same competitive area for the 

appropriate rating cycle or cycles. 

3. Non-Rated. An NR designation will 

be used when an employee has not met 

the time period, as specified in the 

STRL performance-management plan, to 

receive a rating and has no assessed 

rating from any DoD-recognized 

performance-management system 

within the four-year period preceding 

the cutoff date established for the RIF. 

b. Average Score or Other 

Performance-Related Factor as 

Determined by the STRL. STRLs may 

assign numeric values to other aspects 

of their performance-management 

systems that further differentiate levels 

of performance or contribution. For 

example, if an STRL utilizes a 

contribution-based system, the delta 

overall contribution score or assessment 

category score may be used; in a 

performance-based system, the assigned 

decimal score may be used, as 

documented in STRL IOPs. STRLs using 

Pass/Fail as the rating of record must 

use average score or other performancerelated factor as the second retention 

factor. 

c. Tenure Group. 

1. Tenure groups are defined in 5 CFR 

351.501(b) for competitive service and 5 

CFR 351.502(b) for excepted service, or 

in an STRL’s FRN. In addition, STRLs 

may consider tenure group 1 and 2 

employees as tenure group 1 for RIF 

purposes and employees on modified 

term appointments as tenure group 0 or 

tenure group 3, as documented in STRL 

IOPs. 

2. Employees on modified term or 

flexible-length and renewable term 

appointments who were previously 

selected through competitive 

procedures, and who otherwise meet 

conditions required for such conversion, 

may be converted to permanent 

appointments (tenure group 1 or tenure 

group 2, as appropriate), provided such 

conversions are effective not less than 

90 days prior to the effective date of the 

RIF. 

3. Employees on flexible-length and 

renewable term appointments who have 

completed three years of service may be 

treated as permanent employees (tenure 

group 1) and those with less than three 

years may be treated as tenure group 2, 

as documented in STRL IOPs. 

4. Employees treated as tenure group 

3 are ranked below any tenure group 1 

or 2 employees, notwithstanding any 

other retention factor. 

d. Veterans’ Preference. Competing 

employees are placed in a veterans’ 

preference category as described in 5 

CFR 351.501(c). 

e. DoD SCD–RIF. The SCD–RIF 

includes all creditable service 

authorized by 5 CFR 351.503(a) and (b). 

The STRLs may further differentiate an 

employee’s retention standing by 

utilizing the retention service credit for 

performance as described in 5 CFR 

351.504. If used, this is referred to as 

DoD SCD–RIF adjusted. 

(6) Creation of the Retention Register. 

STRLs will determine and document the 

order of retention in a manner that 

ensures retention decisions are based 

primarily on performance, as 

documented in the rating of record. 

Other factors which may receive 

secondary consideration are tenure 

group, veterans’ preference, SCD RIF, 

SCD RIF adjusted, and period of 

performance. Factors will be weighted 

in a manner that generally ensures that 

high-performing employees are not 

displaced. 

(7) Order of Release. 


khammond on DSKJM1Z7X2PROD with NOTICES
40504 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 

a. Employees to be Released First. 

1. STRLs can release Tenure 0 

employees prior to RIF competition 

based on mission needs. 

2. STRLs will release employees from 

the competitive level (if used) with a 

written decision of removal under 5 

CFR 432 or 752 before releasing any 

employee competing in the RIF. 

3. Employees demoted for 

unacceptable performance who have not 

received a rating on their current 

position will have ratings of record 

drawn from within the four-year period 

preceding the cutoff date established for 

the RIF (to include any rating of record 

of ‘‘unacceptable’’), if the STRL uses 

multiple ratings in its retention factors. 

b. If competitive levels are utilized by 

an STRL, employees will be released 

beginning with the employee with the 

lowest retention standing on the 

retention register for that competitive 

level. An STRL may provide for 

intervening displacement within the 

competitive level before final release of 

the employee with the lowest retention 

standing from the competitive level. 

c. STRL employees have assignment 

rights under RIF procedures if the 

current performance appraisal reflects a 

rating of record of at least minimally 

successful/minimally acceptable. 

d. STRLs may apply assignment rights 

described in 5 CFR 351.701 or other 

assignment rights as described below. 

1. Single Round. When a specific 

position is to be abolished, the 

incumbent of that position may displace 

an employee within the band or at the 

next lower band, as documented in 

STRL IOPs, when the incumbent has a 

higher retention standing and is fully 

qualified for a position occupied by an 

employee with a lower retention 

standing among those competing in the 

RIF. A preference-eligible employee 

with a compensable service-connected 

disability of 30 percent or more 

(veterans’ preference category AD) may 

displace to positions two bands (or 

equivalent to five grades) below his/her 

current band. If there is no position in 

which an employee can be placed using 

this process or through assignment to a 

vacant position, that employee will be 

separated. 

2. Two Round. When reducing 

positions in the same occupational 

series and pay band, competitive 

levels—consisting of such positions that 

are similar enough in duties, 

qualification requirements, and working 

conditions that the incumbent of one 

position can successfully perform the 

duties of any other position in the 

competitive level without unduly 

interrupting the work program—will be 

established. In round one, STRLs 

identify employees for release beginning 

with the employees with the lowest 

retention standing in the competitive 

level. In round two, within each 

competitive area, an employee 

identified for release in round one may 

displace an employee within the band 

or at the next lower band, as 

documented in STRL IOPs, when the 

released employee has a higher 

retention standing and is fully qualified 

for a position occupied by an employee 

with a lower standing among those 

competing in the RIF. A preferenceeligible employee with a compensable 

service-connected disability of 30 

percent or more (veterans’ preference 

category AD) may displace to positions 

two bands (or equivalent to five grades) 

below the band of the position from 

which he/she is released. If there is no 

position in which an employee can be 

placed using this process or through 

assignment to a vacant position, that 

employee will be separated. 

3. Retreat during RIF. STRLs may 

establish procedures permitting an 

employee identified for release to 

displace an employee within the band 

or at the next lower band when the 

released employee has a higher 

retention standing than the displaced 

employee and previously served in the 

displaced employee’s position, or an 

essentially identical position, regardless 

of career path. 

4. Offers of Vacant Position. When an 

STRL chooses to utilize vacancies for 

which released employees qualify, the 

STRL must consider the relative 

retention standing of all released 

employees and must offer the position 

to the released employee with the 

highest retention standing. 

e. Exceptions. STRLs must comply 

with protections afforded employees 

pursuant to 5 CFR 351.606, including 

protections under the Uniformed 

Services Employment and 

Reemployment Rights Act. 

III. Required Waivers to Law and 

Regulations 

The following waivers and 

adaptations of certain Title 5, U.S.C., 

and Title 5, CFR, provisions are 

required only to the extent to which 

these statutory and regulatory 

provisions limit or are inconsistent with 

the actions contemplated under these 

STRL demonstration project RIF 

procedures. Nothing in this plan is 

intended to preclude the demonstration 

projects from adopting or incorporating 

any law or regulation enacted, adopted, 

or amended after the effective date of 

this notice. 

BILLING CODE 5001–06–P 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 40505 


khammond on DSKJM1Z7X2PROD with NOTICESEN28JY21.017</GPH>

Appendix A. Waivers to Law and Regulations 

Title 5, United States Code Title 5, Code of Federal Regulations 

5 U.S.C. 3502 - Order of Retention is waived 5 CFR 351 Subparts B, D, E, F, and Gare 

to allow STRLs to determine the appropriate waived to the extent necessary to allow the 

order of retention as described in this FRN. provisions of reduction in force as described 

in this FRN. 

Appendix B. Authorized STRLs and Federal Register Notices 

STRL Federal Register Notice 

Air Force Research Laboratory 61 FR 60400 amended by 7 5 FR 

53076 

Joint Warfare Analysis Center 85 FR 29414 

Army Futures Command, Not yet published 

Army Research Institute for the 85 FR 76038 

Behavioral and Social Sciences 

Combat Capabilities Development 76 FR 3744 

Command Armaments Center 

Combat Capabilities Development 63 FR 10680 

Command Army Research Laboratory 

Combat Capabilities Development 62 FR 34906 and 62 FR 34876 

Command Aviation and Missile amended by 65 FR 53142 (A VRDEC 

Center and AMRDEC merged together) 

Combat Capabilities Development 74 FR 68936 Command Chemical Biological 

Center 

Combat Capabilities Development 

Command Command, Control, 66 FR 54872 Communications, Cyber, Intelligence, 

Surveillance, and Reconnaissance 

Center 
40506 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 


khammond on DSKJM1Z7X2PROD with NOTICESEN28JY21.018</GPH>

Combat Capabilities Development 76 FR 12508 

Command Ground Vehicle Systems 

Center 

Combat Capabilities Development 74 FR 68448 

Command Soldier Center 

Engineer Research and Development 63 FR 14580 amended by 65 FR 

Center 32135 

Medical Research and Development 63 FR 10440 

Command 

Technical Center, U.S. Army Space 85 FR 3339 

and Missile Defense Command 

Naval Air Systems Command Warfare 76 FR 8530 

Centers 

Naval Facilities Engineering 86 FR 14084 Command 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 62 FR 64050 

Warfare Centers 

Office of Naval Research 75 FR 77380 
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 40507 


khammond on DSKJM1Z7X2PROD with NOTICESEN28JY21.019</GPH>

Appendix C. Sample Retention Registers 

Sample 1: Based on Rating of Record, Tenure, Average Score Calculation, Veterans' 

Preference, and DoD SCD-RIF Retention Factors, as Determined by the STRL 

Average Average Score Veterans' DoD SCD-RIF 

Name Rating Tenure Calculation Preference 

of 

Record 

Maddie 5 I 4.8 AD 17-Dec-1979 

Eleanor 5 I 4.8 A 3-Nov-1990 

Ian 5 I 4.5 B 6-May-2013 

Dylan i 5 II 4.8 B 28-Feb-2015 

Rich 5 II 4.3 A 10-Jul-2012 

Thomas 5 II 4.3 A 18-Jun-2015 

Susan 4 I 4.2 B 12-June-1995 

Valerie 4 I 3.5 A 9-Jul-1995 

Sherri 4 I 3.5 B 6-Aug-1996 

Peter 4 II 4.3 B 5-Sep-2015 

Paul 4 II 3.5 B 12-Dec-2015 

Paula 3 I 4.2 B 25-Mar-1987 

Jason 3 I 3.9 A 13-Aug-2013 

Regina 3 I 3.8 A 19-Aug-1984 

Garrett 3 I 3 B 5-Sep-2011 

Vicki 3 II 3.7 B 27-Mar-2015 

Brandon 3 II 3 A 3-Jan-2015 

Justin 2 I 2 AD 10-Jan-2010 

Joe 1 I 0 AD 11-Jan-2010 

Sally NR I NR AD 11-Jan-2010 

Joe has an unacceptable rating. Sally has no rating and is therefore at the bottom of the retention 

register. 
40508 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 


khammond on DSKJM1Z7X2PROD with NOTICESEN28JY21.020</GPH>

Sample 2: Based on Average Rating of Record, Veterans' Preference, Tenure, DoD 

SCD-RIF Retention Factors, as Determined by the STRL 

(STRL Does Not Use an Average Score Calculation) 

Average Veterans' DoD SCD-RIF 

Name Rating Preference Tenure 

of 

Record 

Maddie AD 17-Dec-1979 

5 I 

Eleanor 5 A I 3-Nov-1990 

Rich 5 A II 10-Jul-2012 

Thomas 5 A II 18-Jun-2015 

Ian 5 B I 6-May-2013 

Dylan B 28-Feb-2015 

5 II 

Valerie 4 A I 9-Jul-1995 

Susan 4 B I I 2-June-1995 

Sherri 4 B I 6-Aug-1996 

Peter 4 B II 5-Sep-2015 

Paul 4 B II 12-Dec-2015 

Jason 3 A I 13-Aug-2013 

Regina 3 A I 19-Aug-1984 

Brandon 3 A II 3-Jan-2015 

Paula 3 B I 25-Mar-1987 

Garrett 3 B I 5-Sep-2011 

Vicki 3 B II 27-Mar-2015 

Justin 2 AD I 10-Jan-2010 

Joe 1 AD I 11-Jan-2010 

Sally NR AD I 11-Jan-2010 

Joe has an unacceptable rating. Sally has no rating and is therefore at the bottom of the retention 

register. 
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 40509 

Dated: July 23, 2021. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2021–16082 Filed 7–27–21; 8:45 am] 

BILLING CODE 5001–06–C 

DEPARTMENT OF DEFENSE 

Army Corps of Engineers 

Sunshine Act Meetings 

AGENCY HOLDING THE MEETINGS: 

Mississippi River Commission. 

TIME AND DATE: 9:00 a.m., August 23, 

2021. 

PLACE: On board MISSISSIPPI V at 

Caruthersville City Front, 

Caruthersville, Missouri. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: (1) 

Summary report by President of the 


khammond on DSKJM1Z7X2PROD with NOTICESEN28JY21.021</GPH>

Sample 3: Based on Pass/Fail Rating of Record, Average Score, Veterans' Preference, 

Tenure, and DoD SCD RIF Retention Factors, as Determined by the STRL 

Rating Average Veterans' Tenure DoD SCDof Score Preference RIF 

Name Record 

(Pass or 

Fail) 

17-Dec-1979 

Maddie 4.8 I 

p AD 

Eleanor p 4.8 A I 3-Nov-1990 

Rich p 4.5 A II 10-Jul-2012 i '"·« 

Thomas I p 4.3 A II 18-Jun-2015 

~"'" """"""'' 

Ian p 4.3 B I 6-May-2013 

28-Feb-2015 

Dylan 4.2 II 

p B 

Valerie p 4.2 A I 9-Jul-1995 

Susan p 3.9 B I 12-June-1995 

Sherri p 3.8 B I 6-Aug-1996 ' """"-"""" "'" ""''~""'"'""' 

Peter p 3.7 B II 5-Sep-2015 

Paul p B II 12-Dec-2015 

Jason p A I 13-Aug-2013 

""'"""""''""'" ~~ -'-'~-

"'Regina __ p A I 19-Aug-1984 ---"' 

Brandon p A II 3-Jan-2015 

Paula p 2 B I 25-Mar-1987 

Garrett p 2 B I 5-Sep-2011 

Vicki p 2 B II 27-Mar-2015 

Justin p 2 AD I 10-Jan-2010 

Joe F 0 AD I 11-Jan-2010 

Sally NR NR AD I 11-Jan-2010 

Ian was released from his competitive level in the first round ofRIF. Ian does not qualify for 

any position encumbered by an employee with a lower retention standing than Paul, but formerly 

held the identical position currently occupied by Paul. Ian will retreat to the position held by 

Paul because Paul is lower in retention standing than Ian. RIF placement will then be sought for 

Paul.